Professional Documents
Culture Documents
Payment of Tax
CA VAMSHI KRISHNA II PARTNER II J V N & ASSOCIATES
Ph: 8951012020 Em: vamshi@cajvn.in
Quick Re-cap
• Constitutional amendments – 246A, Formation of Council, 269A,Changes to List I &II..etc
• Supply – Sch-I, II & III, Composite & Mixed Supply
• Levy – FCM, RCM, E-Com
• Composition scheme
• Time of Supply – Goods & Services, Change in rate of tax, Vouchers..etc
• Value of Supply – Sec 15 – Inclusions & Exclusions, Rules 27-35
• Compensation Cess – 5 yrs, Base revenue 14% Growth, Provisional & Final Setlmnt., Distribution of Balance
• Input tax credit: Eligibility, Apportionment, Restricted credit, Special circumstances
• Job work – Procedure, Time limit 1yr/3yrs, ITC-04
• Input Service Distributor – Distribution mechanism
• Registration – Threshold limit 10L/20L/40L, Mandatory reg.n, Exemptions from reg.n, Cancellation of Reg.n
• Documents – Invoice/Revised inv./CN/DN/BOS/Receipt vch./Refund vch./ Self Invoice/Payment vch./DC
• Books & Records – Regular & Special Category, Time period-72M, Failure to maintain – Best judgement
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ABBREVATIONS
• TOS: Time of supply • G/S: Good or Services or Both
• POS: Place of Supply • TP: Taxable Person
• VOS: Value of Supply • RP: Registered Person
• RCM: Reverse Charge Mechanism • URP: Unregistered Person
• FCM: Forward Charge Mechanism
• Act: CGST Act,2017
• DOI: Date of Invoice
• DOP: Date of Payment
• DOR: Date of Receipt
• TV: Transaction Value
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Flow of returns - Planned
RPs other than
• NRTP
• CMP
• TDS GSTR-1
GSTR-1 X
(1st to 10th) Y
• TCS Monthly / Quarterly
• OIDAR Z
GSTR-1A GSTR-2A
GSTR-3B
GSTR-3 GSTR-2A
(16th to 17th) Monthly-Auto
Monthly
(By 20th)
Accept
Reject
Modify
P GSTR-2 Pending
Q R (11th to 15th)
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Flow of returns - Current
RPs other than
• NRTP
GSTR-1 Y
• CMP
• TDS X Z
• TCS
• OIDAR
GSTR-3B GSTR-2A
GSTR-2B
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Returns for – Regular
RPs other than
• CTP / NRTP / CMP / TDS / TCS / OIDAR
Return Sec Description Due date
GSTR 3 39(1) Monthly return by each registered taxable person 20th of the next month
20th day of the subsequent
GSTR3B 39(1) Summary return
month
GSTR 9 44 Annual Return (Optional if ATO < 2 crores) By 31st December of Next FY
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Returns – Special category
Return Sec Description Due date
Periodical return to be filed by a Non resident tax 20th day of the subsequent month (or)
GSTR-5 39(5)
payer With in 7days from the last dt. of reg.n
GSTR-5A 39(5) & R-64 Supplier of OIDAR services-Located outside India 20th day of the subsequent month
GSTR-7 51 & 39(3) Return to be filed by Tax deductor 10th day of the subsequent month
GSTR-8 52(4) Return to be filed by tax collection at source 10th day of the subsequent month
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Returns under GST
Statement of inward supplies by persons having Unique Along with refund application
GSTR-11 R-82
Identification Number (UIN) or As per officer
Quarterly return For the person who is sending the goods for job 18th of the month following
ITC-04 19 & 143
work the end of the quarter
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Points to be noted
• GSTR-1 & GSTR-2 are statements but not returns. Only Sec 39 speaks about the returns
• GSTR-2 & 3 had not been omitted, but deferred
• Initially it GSTR-3B was an additional return, however, later it was made as a return in lieu of GSTR-3
• Payment should be made before due date for filing the returns
• Return of a month can’t be filed if any of the prev. months isn’t filed
• This condition is only for 3B but not for GSTR-1, recently new position is if GSTR-1 isn’t filed for 2 consecutive months, 3B won’t be
allowed
• Rectifications: Earlier of
• Due date for Sep month return or
• Date of filing annual return
• First Return: If any supplies are made b/w Effective date of reg.n and the Dt. Of issuance of Reg.n, then such
transactions should be filed in the first return to be filed
• Filing of nil returns is also mandatory
• Self assessed Input tax credited to ECL is on Provisional Basis
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Points to be noted
• Final Return (Sec 45): GSTR-10 should be filed with in 3months of
• date of cancellation or
• date of order of cancellation,
whichever is later
• Missed to file any returns, notice shall be issued withing 15 days
• GSTR-3B, automated notice
• Late Fees-
• GSTR-1, 2, 3, 3B, 4, 5, 6, 7 and 10 :
• As per act 200 per day up to max of 10,000/-
• Revised per day amounts
• 20 per day for Nil returns
• 50 per day for Others
• GSTR-9: 200 per day up to max of 0.5% of TO in state
• Currently not being collected for GSTR-1, 4 & 9
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Questions & Answers
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Return formats
Terms to be understood
• B2B • Debit/credit notes
• B2C • ITC/TDS/TCS/ISD
• B2CS • Deemed exports
• B2CL • Sales from Bonded Warehouse
• SEZ WP • Cash / Credit / Liability ledgers
• SEZ WOP
• Exp. WP
• Exp. WOP
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Outward Supplies - GSTR-1
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B2B B2B
SEZ-WP / WOP SEZ-WP / WOP
Deemed exports Deemed exports
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Exports -WP /
WOP
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GSTR-2A
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Monthly return - GSTR-3B
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Note: Value of Taxable Supplies =
Value of invoices + value of debit Notes – value of credit notes
+ value of advances received for which invoices have not been issued in the same month
– value of advances adjusted against invoices
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GSTR-1 vs. 3B vs. 2A
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Questions & Answers
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Payment of Tax
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Electronic Credit Ledger
• FORM GST PMT-02
• Credit ledger shall be affected through:
• Input tax credit balance uploaded from GST TRAN – 1
• ITC on stock of Inputs, Semi-finished goods and Finished goods on the relevant date
• 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.
• On account of application of Refund of ITC balance
• FORM GST PMT-03_ For adding back the Refund claim rejected by dept.
• Credit ledger Balance can be utilized for payment towards tax, interest, penalty, fee or any other amount
• IGST Credit : IGST > CGST > SGST Liability
• CGST credit : CGST > IGST Liability
• SGST credit : SGST > IGST Liability
• SGST to IGST only if CGST isn’t available
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Interest
• Every person who is liable to pay tax but
• fails to pay the tax or any part there of, within given period
• shall for the period for which the tax or any part thereof remains unpaid,
• pay, on his own,
• interest at up to 18% as notified
• For taxes paid returns, if there is a delay in filing, interest shall be levied on that portion of the tax that is paid by
debiting the electronic cash ledger.
• Same shall not be applicable if such return is furnished after commencement of any proceedings u/s 73 or 74
• A taxable person who makes an undue or excess
• claim of input tax credit under 42(10) or
• reduction in output tax liability 43(10),
• shall pay interest up to 24% as may be notified
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Tax Deducted at Source (TDS)
• Govt. may mandate:
• a department or establishment of the Central Government or State Government; or
• local authority; or
• Governmental agencies; or
• such persons or category of persons as may be notified
• (a) an authority or a board or any other body, -
(i) set up by an Act of Parliament or a State Legislature; or
(ii) established by any Government,
with 51% or more participation by way of equity or control, to carry out any function;
• (b) Society established by the Central Government or the State Government or a Local Authority under
the Societies Registration Act, 1860 (21 of 1860);
• (c) public sector undertakings.
• To deduct tax @ 2% 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/-
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Tax Deducted at Source (TDS)
• Value shall be value of invoice after excluding CGST/SGTS/IGST/Cess
• Should be deposited by 10th, Interest @ 18% p.a. for delay
• Effective date: 1st October, 2018
• TDS not required
• if the LOS & POS are diff. from the state in with the deductor is located
• If the supply is among the persons liable for TDS
• the authorities under the Ministry of Defense
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Tax collected at Source (TCS)
• Every Electronic commerce operator
• not being an agent, s
• hall collect an amount calculated at such rate not exceeding 2%., (Now – 1%)
• 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
• Net value of Taxable supplies shall not include vale of services notified u/s 9(5)
• Shall be deposited within 10 days from the end of the month
• Delay – Interest @ 18% p.a.
• Matching of information provided by Operator and Supplier
• Operator liable to provide info. as required by the officer
• Effective date: 1st October, 2018
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Questions & Answers
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“
A man is not finished when he is defeated,
He is finished, when he quits..!!
THANK YOU
ORGANIZERS & VIEWERS FOR THE OPPORTUNITY AND SUPPORT
”
CA VAMSHI KRISHNA JAVVAJI
Feedback / Queries: vamshi@cajvn.in
+91-8951012020
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