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GST:TAX INVOICE, DEBIT OR CREDIT NOTES,

RETURNS, PAYMENT OF TAX


(PROVISION & PROCEDURE) AND
ELECTRONIC COMMERCE OPERATOR,

Baroda Branch of WIRC of ICAI


Dated 26/04/2017

A Presentation by
CA. (Dr.) Shailendra Saxena
B.COM,SAP(FICO),ACS,FCMA,FCA,DISA(ICAI).Ph.D.
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shailendra.saxena@jlnus.com
GST

TAX INVOICE, CREDIT


AND DEBIT NOTES

shailendra.saxena@jlnus.com
TAX INVOICE
•A registered taxable person while supplying taxable goods/services shall issue a tax invoice
containing following details.

(a). name, address and GSTIN of the supplier,

(b). a consecutive serial number containing only alphabets and/or numerals, unique for a financial
year,

(c). Date of its issue

(d). name, address and GSTIN/ Unique ID Number, if registered, of the recipient,

(e). name and address of the recipient and the address of delivery, along with the name of State
and its code, if such recipient is unregistered and where the taxable value of supply is fifty
thousand rupees or more

(f). HSN code of goods or Accounting Code of services


(g). description of goods or services

(h). quantity in case of goods and unit or Unique Quantity Code thereof

(i). total value of goods or services 3

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TAX INVOICE
(j). taxable value of goods or services taking into account discount or abatement, if any,

(k). rate of tax (CGST, SGST or IGST),

(l). amount of tax charged in respect of taxable goods or services (CGST, SGST or IGST),

(m). place of supply along with the name of State, in case of a supply in the course of inter-
State trade or commerce

(n). place of delivery where the same is different from the place of supply

(o). whether the tax is payable on reverse charge,

(p). the word “Revised Invoice” or “Supplementary Invoice”, as the case may be, indicated
prominently, where applicable along with the date and invoice number of the original invoice;
and

(q). signature or digital signature of the supplier or his authorized representative.

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• In case of export, the invoice shall carry an endorsement “SUPPLY MEANT FOR EXPORT
ON PAYMENT OF IGST” or “SUPPLY MEANT FOR EXPORT UNDER BOND WITHOUT
PAYMENT OF IGST”. shailendra.saxena@jlnus.com
TAX INVOICE
Manner of Issuing Invoice

• The invoice shall be prepared in triplicate, in case of supply of goods, in the following
manner
(a) the original copy being marked as ORIGINAL FOR RECIPIENT,

(b) the duplicate copy being marked as DUPLICATE FOR TRANSPORTER; and

(c) the triplicate copy being marked as TRIPLICATE FOR SUPPLIER.


• The invoice shall be prepared in duplicate, in case of supply of services in the following
manner
(a) the original copy being marked as ORIGINAL FOR RECEIPIENT; and

(b) the duplicate copy being marked as DUPLICATE FOR SUPPLIER.

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TAX INVOICE

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BILL OF SUPPLY
• Following persons are required to issue bill of supply.

1. Supplying non-taxable goods/services

2. Paying tax under Section-9, i.e. composition levy

• Bill of Supply shall contain following details.

1. name, address and GSTIN of the supplier, serial number, date of issue

2. name, address and GSTIN/ Unique ID Number, if registered, of the recipient

3. HSN Code of goods or Accounting Code for services

4. description of goods or services

5. value of goods or services taking into account discount or abatement, if any

6. signature or digital signature of the supplier or his authorized representative


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shailendra.saxena@jlnus.com
GOODS & SERVICE TAX INVOICE
RULES
Tax invoice
• Export supplies will be marked as “SUPPLY MEANT FOR EXPORT ON PAYMENT OF
IGST” or “SUPPLY MEANT FOR EXPORT UNDER BOND WITHOUT PAYMENT OF IGST”,
as applicable. Besides name and address of recipient and address of delivery, the
country of destination and date of application for removal for export shall also be
mentioned.

• Supply of services between distinct persons in case of insurance/banking


company, financial institution (including NBFC), telecom operator or other notified
class of suppliers may issue invoice before or at the time the supplier records in his
account books or before expiry of the quarter during which supply was made

• Invoice for supply of goods shall be in triplicate and for services in duplicate.
Original shall be for recipient. Duplicate (in case of supply of goods) shall be for
transporter. Triplicate (goods) and duplicate (services) copy shall be for supplier.

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BILL OF SUPPLY

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TAX INVOICE IN CASE OF SUPPLY OF TAXABLE
GOODS
Event Document Time of issue

A registered person Tax Invoice -Before or at the time of:


supplying taxable goods (a) removal of goods for supply to
[Section 31(1)] the recipient, where the supply
involves movement of goods
(b) delivery of goods or making
available thereof to the recipient, in
any other case.
-Not mandatory to separate issue
tax invoice for supplies below Rs.
200/- in case such tax invoice is not
required by the customer. [Section.
31(1) (3)(b)]

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TAX INVOICE IN CASE OF SUPPLY OF
TAXABLE SERVICE
Event Document Time of issue

A registered person Tax Invoice Before or after the provision of


supplying taxable service but within a period of thirty
services days from the date of supply of
[Section 31(2)] service [Rule 2]
Not mandatory to separate issue tax
invoice for supplies below Rs. 200/-
in case such tax invoice is not
required by the customer. [Section.
31(1) (3)(b)]
However shall issue a consolidated
tax invoice for such supplies at the
close of each day in respect of all
such supplies.
[Third Proviso to Rule 1]

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TAX INVOICE IN CASE OF CONTINUOUS
SUPPLY OF GOODS
Event Document Time of issue

In case of continuous Tax Invoice where successive statements of


supply of goods accounts or successive payments
[Section 31(4)] are involved:
before or at the time each such
statement is issued or, as the case
may be, each such payment is
received.

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TAX INVOICE IN CASE OF CONTINUOUS
SUPPLY OF SERVICE
Event Document Time of issue

In case of continuous Tax Invoice (a) due date of payment is


supply of services ascertainable:
[Section 31(5)] on or before the due date of
payment;
(b) due date of payment is not
ascertainable: On or before the time
when the supplier of service
receives the payment;
(c) payment is linked to the
completion of an event:
on or before the date of completion
of that event

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TAX INVOICE IN CASE OF RECEIPT OF
ADVANCE
Event Document Time of issue

On receipt of advance a receipt voucher At the time of receipt of advance


[Section 31(3)(d)] or any other
Where subsequently no documents
supply is made and no tax
invoice is issued in
pursuance of advance a refund voucher
receipt issued, a refund
voucher shall be issued
against such payment;
[Section 31(3)(e)]

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GOODS & SERVICE TAX INVOICE
RULES
RECEIPT VOUCHER
• A registered person shall issue a receipt voucher on receipt of any advance payment with
respect to any supply of goods or services or both containing the following details:

– Name, address and GSTIN of the supplier

– Consecutive serial number

– Name, address and GSTIN or UIN, if registered, of the recipient

– Description of goods or services

– Amount of advance taken

– Rate of tax (central tax, State tax, integrated tax, Union territory tax or cess);

– Amount of tax charged in respect of taxable goods or services

– Place of supply along with the name of State and its code, in case of inter-State
trade

– Whether the tax is payable on reverse charge basis

– Signature/ Digital Signature of the supplier or his authorised representative 15

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RECEIPT VOUCHER

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TAX INVOICE IN CASE OF WHERE THE SUPPLY
OF SERVICE CEASES UNDER A CONTRACT
Event Document Time of issue

supply of services ceases Tax Invoice at the time when the supply
under a contract before ceases ( invoice shall be issued to
the completion of the the extent of the supply made before
supply such cessation)
[Section 31(6)]

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TAX INVOICE IN CASE OF GOODS BEING SENT
OR TAKEN ON APPROVAL
Event Document Time of issue

where the goods being Tax Invoice On or before the time of supply
sent or taken on approval or
for sale or return are six months from the date of removal,
removed before the (whichever is earlier)
supply takes place
[Section 31(7)]

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TAX INVOICE IN CASE OF GOODS COMPOSITION DEALER OR
SUPPLIER OF EXEMPTED GOODS OR SERVICES

Event Document Time of issue

Composition dealer or bill of supply in For supplies below Rs. 200/- to


supplier of exempted place of Tax unregistered customers, he may not
goods or services Invoice issue separate bill of supply if case
[Section. 31(1) (3)(c) & bill not demanded by the
proviso thereof] customer. [Proviso to Rule 4]

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TAX INVOICE IN CASE OF GOODS PURCHASE FROM
UNREGISTERED DEALER

Event Document Time of issue

Purchase from Invoice on the date of receipt of goods or


unregistered dealer i.e. services or both
tax payable under reverse
charge.
[Section. 31(1)(3)(f)]

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TAX INVOICE IN CASE OF GOODS PURCHASE FROM
UNREGISTERED DEALER

Event Document Time of issue

Payment for Purchase Payment Voucher at the time of making payment to the
from unregistered dealer supplier
i.e. tax payable under
reverse charge.
[Section. 31(1) (3)(g)]

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REVISED INVOICE FOR SUPPLIES MADE FROM EFFECTIVE DATE
OF REGISTRATION TO TILL THE DATE OF ISSUANCE OF
CERTIFICATE OF REGISTRATION TO THE SUPPLIER.

Event Document Time of issue

Supplies made during the 1. Revised Invoice within one month from the date of
period beginning with the [Rule 6(2)] issuance of certificate of registration
effective date of 2. Consolidated
registration till the date of revised tax invoice
issuance of certificate of (in respect of all
registration to the taxable supplies
supplier. made to all
[Section. 31(1) (3)(a)] recipients who are
not registered
under the
Act.) [first proviso
to Rule 6(2)]

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CREDIT NOTE

Particulars Provision

Credit Note  After issuance, invoice is found to exceed taxable value/ tax
[Section 34(1)] payable on such supply
 Credit note to issue up to earlier of following
• 30th day of the September following the end of the financial
year in which supply made.
• date of filing of relevant annual return
 No credit note shall be issued by the said person if the
incidence of tax and interest on such supply has been
passed by him to any other person.
 Details of Credit note to be given in monthly return.

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DEBIT NOTE

Particulars Provision

DebitNote  After issuance, invoice is found to less the than taxable


[Section 34(3)] value/ tax payable on such supply
 Debit note to issue up to earlier of following
• 30th day of the September following the end of the financial
year in which supply made.
• date of filing of relevant annual return
 No debit note shall be issued by the said person if the
incidence of tax and interest on such supply has been
passed by him to any other person.
 Details of Debit note to be given in monthly return.
 Debit note shall include a supplementary invoice.

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GOODS & SERVICE TAX INVOICE
RULES
Supplementary Tax Invoice
• The supplementary tax invoice or debit/credit note shall include the similar details as
mentioned in case of bill of supply and –

– Reference of original invoice number and date

– The word “ Revised Invoice” indicated prominently

• A consolidated revised tax invoice can be issued in respect of taxable supplies made to
unregistered recipient.

• In case of interstate supplies, where value of supply does not exceed INR 2,50,000, a
consolidated revised invoice may be issued in respect of all unregistered recipients located in
a state.

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GOODS & SERVICE TAX INVOICE
RULES
Debit / Credit Notes

•Invoice or debit note issued where tax is payable in accordance with provisions providing
for:

– Determination of tax not paid or short paid or erroneously refunded or input tax credit
wrongly availed or utilized by reason of fraud or wilful misstatement or suppression of
facts

– Detention, seizure and release of goods and conveyances in transit

– Confiscation of goods or conveyances

shall prominently contain the words

“INPUT TAX CREDIT NOT ADMISSIBLE”

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REVISED TAX INVOICE/DEBIT NOTE/CREDIT
NOTE

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SUPPLIES DISTRIBUTED BY ISD

Event Document Time of issue

Supplies distributed ISD Invoice or ISD


by Input Service Credit Note
Distributors (ISD) other
than banking company or
a financial institution,
including a non-banking
financial company.
[ Rule 7(1)]

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GOODS & SERVICE TAX INVOICE
RULES
Invoicing in Special Cases (Cont’d…)
• Input Service Distributor - The tax invoice issued by ISD shall contain the
following details
– Name, Address and GSTIN of ISD
– Consecutive serial number
– Date of Issue
– Name, Address and GSTIN of the supplier of services, the credit in
respect of which is being distributed and the serial number and date
of invoice issued by such supplier
– Name, Address and GSTIN of recipient to whom the credit is being
distributed
– Amount of credit distributed
– Signature or Digital signature of the supplier or his authorised
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representative.
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GOODS & SERVICE TAX INVOICE
RULES
Invoicing in Special Cases

•The Rules also contain special provisions relating to:


– Export

– Supplementary tax invoice

– Credit/Debit note

– Receipt Voucher

– Tax invoice issued by Input Service Distributor (ISD)

– Insurance/Banking company or financial institution (including NBFC)

– Goods transportation agency

– Passenger transportation service

– Transportation of goods without issue of invoice


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GOODS & SERVICE TAX INVOICE
RULES
Invoicing in Special Cases (Cont’d…)
•Goods Transport Agent - Where the supplier is a goods transport agency supplying
services in relation to transportation of goods by road in a carriage, tax invoice shall
include any document in lieu thereof and shall contain the following details:

– Gross weight of the consignment

– Name of consignor and the consignee

– Registration number of the goods carriage

– Details of goods transported

– Details of place of origin and destination

– GSTIN of the person liable for paying tax whether as consignor/consignee/GTA

– All other details as mentioned for tax invoice

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GOODS & SERVICE TAX INVOICE
RULES
Transportation of goods without issue of invoice
•If the goods are being transported for the purpose of supply to the recipient but the tax invoice
could not be issued at the time of removal of goods, the supplier shall issue a tax invoice after
delivery of goods.

• Where goods are being transported on a delivery challan in lieu of invoice, the same shall be
declared in FORM [WAYBILL].

• The consigner may issue a delivery challan, serially numbered, in lieu of invoice at the time of
removal of goods for transportation in the following cases, namely :-

– Supply of liquid gas where the quantity at the time of removal from the place of
business of the supplier is not known

– Transportation of goods for job work

– Transportation of goods for reasons other than supply

– Such supplies as may be notified by the Board


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GOODS & SERVICE TAX INVOICE
RULES
Transportation of goods without issue of invoice (Cont’d)
The delivery challan shall contain the following details : -

– Date and number of the delivery challan,

– Name, address and GSTIN of the consigner, if registered,

– Name, address and GSTIN or UIN of the consignee, if registered,

– HSN code and description of goods,

– Quantity (provisional, where the exact quantity being supplied is not known)

– Taxable value,

– Tax rate and tax amount – central tax, State tax, integrated tax, Union territory tax
or cess, where the transportation is for supply to the consignee,

– Place of supply, in case of inter-State movement

– Signature.

The delivery challan shall be prepared in triplicate, in case of supply of goods 33

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DELIVERY CHALLAN

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GOODS & SERVICE TAX INVOICE
RULES
Transportation of goods in CKD(Completely knocked down)/SKD
(Semi knocked down)condition
The following procedure shall be applicable for transportation of goods in CKD and SKD
condition :-

– A complete invoice to be issued before dispatch of the first consignment;

– A delivery challan shall be issued for each of the subsequent consignments, giving
reference of the invoice;

– Each consignment is to be accompanied by copies of the corresponding delivery


challan along with a duly certified copy of the invoice; and

– The original copy of the invoice shall be sent along with the last consignment.

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GST INVOICE :POSERS
Case Law.1:
X Ltd, a supplier of goods, have a GST liability under section 9-40 of the Australia GST
Act when it supplies goods to a company Y Ltd that refuse to pay GST components
included in the goods?.(Invoice issued with out charging GST Separately)
Case Law No.2:
Mr. A, a solicitor, required to issue a tax invoice under subsection 29-70(2) of the
Australia GST Act to an insurer Z Ltd, where the insurer requests a tax invoice in respect
of legal services provided by the Mr. A to an injured worker of Z Ltd.?

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RULES:E WAY BILL
 What is an e-way bill?
E-way bill is an electronic way bill for movement of goods which can be generated on
the GSTN (common portal). A „movement‟ of goods of more than Rs 50,000 in value cannot be
made by a registered person without an eway bill.
 When should an e-way bill be generated?

E-way bill will be generated when there is movement of goods –In relation to a „supply‟
 What is a ‘supply’ in case of e-way bill?

A supply may be –
Supplied for a consideration (means payment) in the course of business
Supplies made for a consideration (payment) which may not be in the course of business
Supplies without consideration ( without payment)
 Who can generate e-way bill?

E-way bill must be generated when there is a movement of goods of more than Rs 50,000 in
value to or from a Registered Person. Registered person or the transporter may choose to
generate and carry e-way bill even if value of goods is less than Rs 50,000.
Unregistered persons or his transporter may also choose to generate e-way bill. Which
means eway bill can be generated by both registered and unregistered persons. However,
where a supply is made by an unregistered person to a registered person, the receiver will have
to do all the compliances as if he‟s the supplier.
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RULES: VALIDITY OF E WAY BILL
Distance Valid from Valid for

Less than 100km Date & time at which e-way 1 day


bill is generated

100km to 300km Date & time at which e-way 3 days


bill is generated

300km to 500km Date & time at which e-way 5 days


bill is generated

500km to 1000km Date & time at which e-way 10 days


bill is generated

1000km or more Date & time at which e-way 15 days


bill is generated 38

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GST

Payment of Tax

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GST: PROVISIONS FOR PAYMENT OF TAX, INTEREST,
PENALTY AND OTHER AMOUNTS (SEC.49)

 Generally, Supplier is liable to pay the tax,Interest and Penalty/other amount.

 In Other cases like:

• Imports and other notified supplies, liabilities(BCD,CVD &SAD) may be


imposed on the recipient under the reverse charge mechanism (RCM)

 By third person for example in case of :

 E-Commerce = Operator is responsible for TCS


 Contractual Payments = Government / Other notified entities are
responsible for TDS

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GST: ELECTRONIC TAX LIABILITY REGISTER

 Electronic tax liability register is a register to be maintained in the


common portal of GST

 In Form GST PMT-01 to record all liabilities of a taxable person.

 Part-I is for recording return related liabilities and

 Part-II is for recording other than return related liabilities.

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GST: ELECTRONIC TAX LIABILITY REGISTER
DEBITS CREDITS
(i) amount payable towards tax, interest, late (i) Electronic credit ledger
fee or any other amount payable as per the
return filed by the said person;
(ii) amount of tax, interest, penalty or any (ii) Electronic cash ledger
other amount payable as determined by a
proper officer in pursuance of any proceeding
under the Act or as ascertained by the said
person;
(iii) amount of tax and interest payable as a (iii) Relief given by the appellate
result of mismatch under section 42 or section authority
43 or section 50; or
(iv) any amount of interest that may accrue (iv) Reduction in penalty (if any)
from time to time.

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GST: Electronic Credit Ledger
 Every claim of Input Tax Credit under the Act shall be credited to the
electronic credit ledger maintained in Form GST PMT-02.

 CREDITS
 Input tax credit balance uploaded from return filed under earlier laws
would be auto populated in this ledger;

 ITC would be of stock of Inputs, Semi-finished goods & Finished


goods on the relevant date, from which Taxpayer becomes liable;

 ITC on inward supplies from Registered Tax Payers;

 ITC distributed from Input Service Distributor (ISD);

 Permissible ITC on stock held upon conversion from composition


scheme;

 ITC eligible on payment made on reverse charge basis. 43

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GST: Electronic Credit Ledger
 DEBITS
 Payments of TAX under GST;

 Payments of Interest;

 Payments of Penalty;

 Other Payments;

 Towards claim for refund of unutilized amount;


(FORM GST PMT-2A)

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GST: ELECTRONIC CASH LEDGER

 Electronic cash ledger is a register to be maintained in the common

portal of GST for each registered taxable person in Form GST PMT-05

 To record deposit of tax under GST,

 To record deposit of interest,

 To record deposit of penalty and other amounts,

 Utilization thereof and refund.

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GST: ELECTRONIC CASH LEDGER
DEBITS CREDITS
(i) Amount payable towards tax, interest, late (i) Payment made through challan on
fee or any other amount payable receipt of CIN

(ii) Towards claim for refund of any amount (ii) Amount deducted under Section
46(TDS) and claimed in Form GSTR-2

(iii) Amount collected under Section


56(TCS) and claimed in Form GSTR-2

(iv) Reversal of amount debited


earlier on account of final rejection of
refund (Form GST
PMT-03)

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GST: PAYMENT IN ELECTRONIC CASH LEDGER

• Any person, or a person on his behalf, shall generate a challan in FORM


GST PMT-06 and enter the details of the amount to be deposited by him
towards tax, interest, penalty, fees or any other amount.
• The payment can be made through the following modes :
1. Internet Banking through authorized banks
2. Credit card or Debit card
3. NEFT/ RTGS
4. Over the Counter payment (OTC) through authorized banks for deposits
up to ten thousand rupees per challan per tax period, by cash, cheque or
demand draft. However, this amount restriction shall not apply to deposits
made by the Government or notified persons, or by the proper officer
authorized for recovery or during investigation / enforcement proceedings.
• The challan in FORM GST PMT-06 shall be valid for a period of fifteen
days.
• Payment made by a person who is not registered under the Act, shall be
made on the basis of a temporary identification number generated through
the Common Portal.
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GST: PAYMENT-FORMS
PAYMENT FORMS DESCRIPTION

Form GST PMT-01 Maintenance of Electronic Tax Liability


Register.(All amounts payable by taxable person
will be debited to the said register.)
Form GST PMT-02 Maintenance of Electronic Credit Ledger.
(Every claim of input tax credit under the GST
Law will be credited to this Ledger.)
Form GST PMT-03 Order by proper officer rejecting refund
( Any rejection of refund of any unutilized amount
from the electronic credit/cash ledger)

Form GST PMT-04 Discrepancy in Electronic Credit Ledger


(The registered person shall, upon noticing any
discrepancy in his electronic credit ledger,
communicate the same to proper office through
the GSTN Portal)

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GST: PAYMENT-FORMS Continued….
PAYMENT FORMS DESCRIPTION

Form GST PMT-05 Maintenance of Electronic Cash Ledger


(The amount deposited will be credited to this ledger
and the payments made towards tax, interest,
penalty, fee or any other amount will be debited to
this ledger.)

Form GST PMT-06 Challan shall be generated by registered taxable


person or any other person on his behalf. The
Challan so generated shall be valid for a period of 15
days.
Form GST PMT-07 Form of representation in case bank account of the
concerned taxable person is debited but Challan
Identification Number (CIN) is not generated or not
communicated after generation.

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GST

RETURNS

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RETURN-BASIC FEATURES
 Self-assessment of tax liability by the taxpayer
 Common e-Return for CGST, SGST, IGST.
 Separate returns for different categories of taxpayers
 Returns by a normal / casual taxpayer to be filed in sequential
manner with different cut-off dates to allow auto-population of
return & automated matching of invoices.
 Payment of due tax is must for filing valid return
 Returns can be submitted with short payment but shall be
treated as invalid – not taken into account for invoice
matching & inter-Government fund settlement.
 Provision for filing revised information
 Differential Tax liability to be captured through Debit Note/
Credit Note/ Supplementary invoices / correction mechanism.

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GST: RETUN FILING
Pre - GST Regime Post - GST Regime
Need not file all Sales All your Invoices details to be filed
Transactions online (Except with GST Every month(Not Scan
some States) copy)

Credit availed based on Credit received ONLY when Vendor


Purchase Invoice pays taxes and files Monthly
Returns

One Return per month/ period Min. Three Returns every month

Follow-up with vendor mostly for Follow-up with vendor every month
„C‟ Forms for uploading of supplies after
payment of tax.
Multiple Law Compliance Single window filing
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NORMAL/REGULAR TAX PAYERS - MONTHLY RETURN

Action Return

• Upload details of outward supply on or before 10 th of GSTR-1


following month

• Data will be auto populated in 2A of Recipient tax payer GSTR-2A

• Actions of Accept, Reject or Modify has to be taken GSTR-2


• Additions can be made
• Return needs to be filed after 10th and on or before 15 of
following month

• Rejections, modifications and additions in GSTR-2 will be GSTR-1A


made available to supplier in 1A
• Supplier has to take action by 17th

• Auto-populated return will be available for submission along GSTR-3


with the payment on 20th
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GST RETURNS, PERIODICITY AND DUE
DATES
Section Return For Periodicity Due Date
Type
37 GSTR-1 Outward Supplies Made by Tax Monthly 10th of Next Month. recipient
payer. The "Detail of Outward of supplies, can either
supplies" shall include invoice, accept or reject the detail
debit notes, credit notes and so communicated on or
revised invoices before 17th of the next
month

38 GSTR-2 Inward Supplies Made by Tax Monthly 15th of Next Month.


payer. The details of inward supplier may either accept
supplies added, corrected or or reject the modifications
deleted by the recipient in his made by the recipient and
FORM GSTR-2 shall be made FORM GSTR-1 furnished
available to the supplier by the supplier shall stand
electronically in FORM GSTR-1A amended to the extent of
modifications accepted by
him.

54
39(1) GSTR-3 Tax Return (other than Monthly 20th of Next Month
Composition & ISD Dealer)
39(2) GSTR-4 Composition Dealer Quarterly shailendra.saxena@jlnus.com
18th of Next Month
GST RETURNS, PERIODICITY AND
DUE DATES
Section Return Type For Periodicity Due Date

39(4) GSTR -6 ISD Monthly 13th of Next Month

39(3) GSTR –7 Return of TDS Monthly 10th of Next Month

44 GSTR-9 Annual Return Annually 31st December of Next


FY.

39(5) GSTR-5 Periodic Return Within 20 Days after the end of Tax
by Non-Resident period or within 7 days after the last date
Foreign Taxpayer whichever is earlier?

55

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HSN CODES & SERVICE ACCOUNTING CODE
 HSN Code for goods - in invoice level details

 4-digit HSN Code mandatory for taxpayers having turnover above Rs. 5 Crore in
preceding FY

 2-digit HSN Code for taxpayers with turnover between Rs. 1.5 Crore & Rs. 5
Crore in preceding FY - optional in 1st Year and mandatory from 2nd Year

 8-digit HSN Code mandatory for exports & imports

 Accounting Codes for services – in invoice level details

 Mandatory for those services for which Place of Supply Rules are dependent on
nature of services

 Mandatory for exports & imports

 Service Accounting Code to be prefixed with „s‟ for differentiating from HSN

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MATCHING OF ITC – SEC 42

• After the due date of furnishing the form GSTR 3

• Following details to be matched

(a) GSTIN of the supplier

(b) GSTIN of the recipient

(c) Invoice/Debit Note date

(d) Invoice/Debit Note number

(e) Taxable value

(f) Tax amount 57

shailendra.saxena@jlnus.com
MATCHING OF ITC – SEC 42
 B2B supply information given by the supplying taxpayer in GSTR-1 will be auto-
populated into GSTR-2 of the counter-party purchaser

 Purchasing taxpayers will be allowed to add invoice details in GSTR-2 & avail credit if
he is in possession of valid invoice & have received supply of goods or services

 Counterparty registered taxpayers shall have a 2-day window to reconcile invoice


information among themselves prior to filing of GSTR-3

 Credit availed on unmatched invoices shall be auto-reversed in the next to next return
period (e.g. mismatched ITC for April to be auto-reversed in return for June)

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FILING OF RETURN
 To be filed by taxpayer at GST Common Portal either:

 by himself logging on to the GST System using his own user ID & password; or

 through his authorized representative using the user Id & password (allotted to
the authorized representative by the tax authorities), as chosen at the time of
registration, logging on to the GST System

 Filing may be done through TRPs / FCs/GSP also

 Filing may be done either directly or by using Applications developed by accounting


companies / IT companies which will interact with GST System using GSP.

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NORMAL/REGULAR TAX PAYERS-MONTHLY
RETURN
• GSP
(34)

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ASP/GSP: FOR COMPLIANCES UNDER GST
 For successful filing of returns , all records will have to be
maintained in the ERP/Tally/Other Software's.

 GSP and ASP will provide related services.

 ASP will be responsible for developing the necessary software


bridge.

 GSP will be responsible for the proper uploading of invoices and


filing of returns from technical perspective as vanilla SAP output
will be incompatible with GSTN accepted formats.

 ACTION: Assesse to evaluate and initiate the process of identification


and appointment of GSP and ASP

61

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REVISION
 Revision of information permitted

 Changes in Tax liability / ITC amount to be handled through Ø Debit- Credit Notes

 Revision of supply invoices

 Post sales discount

 Volume discount

 Amendments / Corrections

62

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GST

E-COMMERCE
OPERATOR

63

shailendra.saxena@jlnus.com
E-COMMERCE: Some litigation –VAT /CST

• VAT/CST

• Kerala VAT Dept. – VAT on goods hosted on web-portals

• Demand quashed by Kerala HC [Filpkart Internet (P) Ltd. v/s State of Kerala

W P 5348 & 6916 of 2015 dt.31.10.2015]

• Karnataka VAT Dept. – VAT on goods sold from godowns of e-trailers.

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E-COMMERCE: – PRESENT SERVICE TAX LAWS

• Rendition of services

• Place of Provision of Services Rules, 2012

• Point of taxation Rules, 2011

• Valuation Rules- Service Tax (Determination of Value) Rules, 2006

• Cenvat Credit Rules

65

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E-COMMERCE:SOME OTHER LEVIES

Entry tax

• Some states like WB, Orissa charge E-commerce companies additional taxes for

delivering product to customers in their states.

Equalization levy

• On income they earn on a/c of soliciting advertisements and from Indian advertisers

66

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CURRENT MODELS IN E-COMMERCE

Principal to Principal Model

67

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CURRENT MODELS IN E-COMMERCE

Principal to Agent Model

68

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CURRENT MODELS IN E-COMMERCE

Aggregator Model

69

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CURRENT MODELS IN E-COMMERCE

Inventory Model

70

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CURRENT MODELS IN E-COMMERCE

Open Market Place Market Model (OMM)

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E-COMMERCE :DEFINITONS
• Sec 2(44) - electronic commerce
• means supply of goods and/or services
• including digital products
• over digital or electronic network
• Sec 2(45) - electronic commerce operator
• means any person who owns, operates or manages
• digital or electronic facility or platform
• for electronic commerce
• Issue - Does Tele-shopping fall under the term
electronic network?
72

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E-COMMERCE :PLACE OF SUPPLY
• Services Provided by E-comm Operator to supplier

• Place of Supply of Service – Gen Rule will apply – Always location of Service
receiver – since compulsory registration.

• Services Provided by E-comm Operator to supplier of transportation of goods

• Place of Supply of Service – Sec 12(9) of IGST Act

• location of Service receiver(if registered) or

• location at which such goods are handed over for their transportation

• Supply of goods/Provision of Service by supplier to customer

• For Goods: Place of Supply - Where movement of goods terminates for delivery.

• For Services: to registered person(B2B) : Registered address of recipient

: to unregistered person(B2C): Address on record of person

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E COMMERCE OPERATOR- LIABLE TO TAX [SECTION 9(5)]

• Central State Govt on council‟s recommendation, notify and specify categories of

services – tax to be paid by E-commerce operator

• Provided – if operator does not have physical presence in taxable territory -Any

person representing the Operator is liable to pay GST

• Provided further – where operator does not have a representative in such a territory

– operator shall appoint a taxable person in the taxable territory for the purposes of

paying tax

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E-COMMERCE OPERATOR

 E-commerce operator required to collect tax at source (TCS) at the rate not exceeding

1% for the supplies made through it by other suppliers.

 Suppliers can take credit of TCS paid by e-commerce operator.

 E-commerce operator shall be liable to pay GST in respect of notified services

supplied through it.

 E-commerce Operator submit statement to Government every month.

 Annual Return has to be filed before 31st December of next Financial Year. This return

would include supplies made, supplies returned and TCS collected.

 Matching of statement of e-commerce operator and credit taken by suppliers.

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E-COMMERCE OPERATOR

 Deletion of deemed supplies by aggregators: The concept of aggregators and

deemed supplies of branded services by an aggregator under his own brand name or

trade name has been deleted under the Revised Model GST Law.

 Electronic Commerce Operator liable for specified services: Electronic Commerce

Operator has been made liable to pay tax on certain specified categories of services, as

may be notified. In case Electronic Commerce Operator does not have physical presence

in the taxable territory, his representative in taxable territory shall be liable to pay tax.

Further in case he does not even have a representative in taxable territory, he shall

appoint a person in taxable territory for the purpose of paying tax. 76

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E-COMMERCE OPERATOR

TCS on net value of taxable supplies: - Electronic Commerce Operator will

be liable to collect tax at source on the net value of taxable value of supplies

made through its portal. “Net value of taxable supplies” shall mean the

aggregate value of taxable supplies of goods or services, other than services

for which Electronic Commerce Operator is itself liable to pay tax made

during a month by all registered taxable persons reduced by the aggregate

value of taxable supplies returned to the suppliers during the said month.

77

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THANKS!!

 ANY QUESTIONS ?

 CONTACT FOR POST SESSION QUERY:

 CA. (Dr.) Shailendra Saxena


 Senior Advisor | JLN US & Co.
 E-mail: shailendra20535@yahoo.com
shailendra.saxena@jlnus.com
 Cell: +91-93774-10260 78

shailendra.saxena@jlnus.com

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