Professional Documents
Culture Documents
IDT Summary Book - Inter CA
IDT Summary Book - Inter CA
11
1 INTRODUCTION
1
8 VALUE OF SUPPLY
12-16
2 CGST ACT CHARGING SECTION
2
9 REGISTRATION
17-18
3 REVERSE CHARGE MECHANISM
3
10 PAYMENT OF TAX
19-22
4 SUPPLY
4-6
11 INPUT TAX CREDIT
23-26
5 COMPOSITION SCHEME
7
12 RETURNS
27-28
6 TAX INVOICE, DEBIT NOTE AND CREDIT
NOTE
8-10
13 E-WAYBILL
29-36
7 TIME OF SUPPLY
11
14 EXEMPTIONS
1 INTRODUCTION TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
List I - Union list List II - State list List III - Concurrent list
Why was the need to amend constitution Within State* CGST + SGST
The constitutional provisions had divided the powers to Centre and State to impose taxes. Intra State
Within U/T* CGST + UTGST
Where Centre levied excise duty Mfg. in India. Types of Supply
State levied VAT Sale of goods within same state Diff States 50%
Centre levied and State collected CST on interstate sale Inter State Diff U/T CG
Centre levied Sr. Tax Service supplied IGST
Centre levied BCD + IGST Import of goods One & One 50%
Introduction of GST required amendment in constitution so as to enable integration of all above State U/T State
taxes and duties into GST and to empower both Centre and States to levy and collect it.
Hence constitution (101st Amendment) Act, 2016 was passed that has around 20 sections. * States = All state (Incl. J&K, Delhi, Puducherry)
Where Goods/
* UTs = Dadra Nagar Haveli & Diu / Daman is one U/T.
Service are destined/
consumed
Taxes subsumed in GST Taxes not subsumed in GST
CENTRAL TAXES STATE TAXES Basic custom duty
Excise Duty VAT ED/VAT/CST on alcoholic liquor for human consumption
Tobacco
Service Tax Lottery Tax ED/VAT/CST on 5 petroleum products
CST Entertainment tax (except levied by local body) Stamp duty Central Excise duty (+) GST
CVD Luxury Tax Property taxes Opium, Indian Hemp, Narcotic Drugs
Special CVD Entry Tax Tax on motor vehicles
Tax on advertisement Electricity duty
State Excise duty (+) GST
(Section-9)
CGST is levied GST does not cover Reverse charge A. Transportation of passengers by Radio Taxis, Rickshaw,
mechanism Metered Taxis & Any other Motor vehicle
a) On intra state (i) Petrol
Supply (ii) Crude oil Recipient shall pay tax to Government Tax to be paid by E-commerce operator
(iii) High speed
diesel 1 B. 1. Hotel accommodation service
b) Except on alcohol
(iv) ATF Insurance Agent Insurance 2. House keeping service
For human Insurance Company
Consumption (v) Natural gas Agency (i) If supplier is Supplier pays
Service
registered tax
Commission =10L (GST @ 18%)
c) Rate not GST shall be paid to Government = 1.80L (ii) If supplier is Eco will pay
It will be covered
exceeding 20% not registered tax
from the date of 2
Recovery
recommendation of Recovery Agent Banks or NBFCs. ECO has physical presence ECO itself
d) Value U/S 15 GST council and After Agency Service
ECO does not have physical Representative of ECO
Taxable person it is notified by CG
GST=RCM= presence
7 3 ECO doesn’t have physical Person appointed by
Security lending DSA service presence nor has reprentative ECO
Lender Borrower Direct Selling Agent Bank or NBFC
service
2
3 REVERSE CHARGE MECHANISM TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Sec.- 7 (1) (a) = All forms of Goods/Service + made for consideration + in course of business
7(1)(a)
70,000 700
Money Service
Money Service
Sec - 7 (1) (aa)
G&Sr= Exempt
G&Sr= GST = Unincorporated G/Sr.
Members
Association
ii. One denomination to another denomination
Viceversa
1 note of 18 notes of
Deemed as seperate persons
`2000 `100
Any transaction of G/Sr Between
then is a supply u/s 7(1)(aa).
1800 200
Sec - 7 (1) (b)
Money Service (i) import of service + consideration +
business / personal purpose
G&Sr= GST =
4
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Sec 7(1)(c): Deemed Supply Section 7 (1A) – Schedule II – Determination of supply of goods or services
CASES SUPPLY OF GOODS OR SERVICES
Activity w/o Consideration
1 Transfer of title in goods Supply of goods
2 Transfer of right to use without transfer of title Supply of service
3 Transfer of title in goods under an agreement where Supply of goods
Supply of Goods/ Import of Goods/ property pass at future date
Service Service 4 • Lease, tenancy, license to occupy land / building
Permanent Transfer
(+) (+) Service
(+) Principal Clarification: Transfer of Tenancy rights against tenancy
Related Person Related Person premium
Business Assets &
or or 5 Treatment/ process on goods supplied by another person Service
(+) Agent (ie Jobwork)
Distinct Person Distinct Person
ITC = 6 Renting of immovable property Service
(+) (+)
in Course of business in Course of business 7 Permanent = Goods
Intellectual property rights
Temporary = Service
8 Information Pre-packaged software = Goods
When Agent P-A is Technology Software Design, development Upgrade = Service
Issues invoice in covered Related Person Distinct Person
9 Work contract Service
his own name under i) Common directors
ii) Common partners 10 Supply of goods being food or any drink for human Service
Sch-I 25(4) consumption (ie Restaurant, Catering)
iii) Members of same family 1 D-Mart D-Mart
11 Transfer of Business Goods forming part of business Goods
Agent doesnot P-A is not Assets assets carried on by person who
ceases to be a taxable person
Issues invoice covered Spouse Parents, Grand Parents, R/P in Maharashtra R/P in Maharashtra
& Brother, Sister 12 If Entire Consideration is before CC or OC, w.i.e. Services
in his own under
Children (+) 25(4) If Entire Consideration is after CC or OC, w.i.e. Neither Goods Not Service
name Sch-I Wholly dependent 2 HUL HUL
13 Refrain from doing an act, tolerate an act Refer Clarification*
P DCA = Interest is iv) Holds 25% or more in both of them Refrain from doing an act, tolerate an act
R/P in Maharashtra R/P in Gujarat
is covered included in
25(5)
under Sch- I VOS u/s 80% 3 Adani Adani Refrain from an Act Tolerate an Act Agreeing to obligation to do an Act
X ltd. A ltd.
15(2)(d)
40% R/P in Maharashtra U/R/P in Gujarat
P DCA = Interest is B ltd. All above activities must comply two conditions
is not covered exempt
1) Express Agreement (+) 2) Consideration must flow in
under Sch- I A Ltd & B Ltd are R/P return for contract
vi) Third person controls both the persons Cases of Supply Cases where it is not a supply
vii) Both controls third person Ex : (i) Liquidates damages for breach of contract
v) Employer - Employee P ltd. Controls (1) Non-compete fees (ii) Damages to property
BOD
Compo (2) Shopkeeper allowing a hawker to operate (iii) Compensation for piracy
70% Gift upto 50,000 sition from common pavement in front of his
X ltd. Y ltd. ER EE C ltd. (iv) Cheque dishonour penalty
BOD shop (v) Penalty imposed for violation of any law
per employee Controls (3) Customer cancellation charges (vi) Forfeiture of salary in event of employee not serving notice
R ltd. p o si tion (4) Charges on pre-payment of loan
30% per FY Com period
Z ltd. (5) Early termination of lease before a certain (vii) Forfeiture of earnest money by selling in case of breach of an
P ltd. & R ltd. are R/P. period agreement to sell an immovable property
Y ltd. & Z ltd. are R/P. Not a supply (viii) Compensation given to previous allottees of coal blocks for
cancellation of their licenses pursuant to SC.
5
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Royalty
8) Supply of By Trf of After goods dispatch from
Author Book Store
goods by (+) document of (+) port of origin outside india
Consignee Title to goods before H/C Publisher
Transfer of Sell Books
(ie High seas Sales) Copyright
Cosideration
Not a Supply
Clarification :- Supply of goods
9) Functions performed by Duties performed by Duties performed by any PRINTING CONTRACT
MP, MLA, Member of any person who holds person as a Chairperson SECTION-8
Panehayat, LA any post in pursuance or a Member or a Director
in body established by Applicable rate of tax
of the provisions of
the Constitution in the Central Government PRINCIPAL Books, annual Tissue paper, envelope,
that capacity; or or a State Government or COMPOSITE Naturally bundled reports, pamphlets wedding cards
local authority SUPPLY SUPPLY
Principal supply Principal Supply
E.g. - PM, CJI, CAG, President Chairman / Director of 2 or more goods or
services for HIGHEST
IRDA, NHAI, SEBI MIXED single price. Printing Content Paper
SUPPLY (+) RATE OF TAX
Not a Supply Artificially Bundled Supply of service Supply of goods
6
5 COMPOSITION SCHEME TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
In CFY, he can opt to pay tax under composition scheme upto 150L/75L Taxpayer
GST @12% = 1.2L GST @1%
Beyond that he shall start paying tax as per normal scheme. (within 7 days file intimation for
withdrawl in GST CMP-04)
100L x 1% = 1L
Aggregate Turnover
Input tax liability at
Includes Excludes Output tax liability
normal rate of tax
7
6 TAX INVOICE, DEBIT NOTE AND CREDIT NOTE TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
8
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Advance payment
Unregistered Supplier of Goods & Sr Registered Supplier Recipient Supply of liquid gas where Transportation Transportation of goods
Recipient the quantity at the time of of goods for job for reasons other than
Supplier = ` 10L Receipt Voucher removal from the place of work by way of supply
business of the supplier is (Eg. Sales Return Goods
not known sent on approval)
(GST@18%) R/R is liable to pay tax The delivery challan shall be prepared in TRIPLICATE, in case of supply
u/s 9(3)/(4) of goods, in the following manner:
Note- In case where supplier Section 31(3)(e)- Refund voucher
is a registered person, he shall R/R Shall raise Self Invoice on Original copy Original for consignee
issue tax invoice and hence in himself at the time of receipt
that case registered recipient of Goods & Service Duplicate copy Duplicate for transporter
shall not raise self-invoice as 1. Advance
R/R can avail I.T.C as Self Triplicate copy Triplicate for consignor
he is receiving tax invoice to
avail ITC. Invoice is valid document 2. Receipt voucher
u/s 16(2)(a) Registered Manner of issuing the invoice [Sections 31(1) & (2) read with rule 48]
Supplier Recipient
3. No supply + No tax invoice
Section 31(3)(g)- Payment voucher In case of taxable supply of goods In case of taxable supply of services
4. Refund voucher shall Invoice shall be prepared in Invoice shall be prepared in
be issued at the time of
refunding advance paid TRIPLICATE - Recipient, DUPLICATE - Recipient, Supplier
Any Supplier Registered earlier. Transporter, Supplier
(RP or URP) recipient
Supply of goods or service
Goods are sent in lots/CKD/SKD
Pays tax as S.No. Annual Turnover (AT) in the Number of Digits of HSN Code
per RCM u/s preceding FY Supplier Supplier
Payment voucher shall be issued at the 9(3) / 9(4) 1. AT < ` 5 crores For B2B supply - 4 1) Issue complete invoice before dispatch
time of making payment For B2C supply - 4 (optional)* 2) Supplier shall issue D/C for subsquent consignments with
2. AT > ` 5 crores For B2B supply and B2C supply - 6 reference of invoice
Summarising Section 31(3)(f) and Section 31(3)(g) 3) Copies of D/C (+) duly certified copy of invoice
Case I 4) Original compies to sent with last instalment
When supplier is unregistered and recipient is registered
1. Registered recipient shall raise self invoice at the time
of receipt of goods/service Supplier permitted to issue document other than tax invoice
2. Payment voucher shall be issued by registered recipient
at the time of making payment. Situation Type of Invoice
Case-II
When supplier is registered and recipient is also registered 1. Supplier of passenger transport service Tax Invoice shall include ticket in any form
1. Registered recipient shall not raise self invoice because
it’s the registered supplier who has issued tax invoice 2. Rule 46 : Insurer/ Banking company/Financial A Consolidated tax invoice/ any other document in lieu
to the recipient when goods or service are supplied institution, including NBFC thereof, by whatever name called
2. Payment voucher shall be issued by registered recipient
at the time of making payment. 3. Registered person supplying services by way of Supplier is required to issue an
admission by exhibition of cinematograph film in Electronic ticket &
multiplex screens.
9
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
DEBIT NOTE - SECTION 34(3) CREDIT NOTE - SECTION 34(1) Time limit for declaration in the return:
Supply has been made Supply + Tax invoice
Registered
Recipient Registered Payment Debit Note Sec Credit Note Sec
supplier + Recipient
supplier 1) Sales return 34(4) 34(2)
Tax invoice is issued
But 2) Supply received in deficiency In the month 30th November
Taxable value in which debit following the end of
or Taxable value 3) Taxable value or tax Taxable value note has been FY in which supply
is less or tax charged is more
tax charged in charged in such invoice or tax charged issued. was made or Actual
than i.r.t. such supply than
such invoice Eg. Post supply Discount i.r.t such supply date of furnishing
Annual Return, w.i.e
# R/S shall issue debit note # R/S shall issue Credit Note
# R/S = Registered Supplier
E-Invoicing
Case I : Treating Sales Return as ‘Fresh Supply’. Situations in which e-invoices are applicable
Applicability
Supplies Medicines Fresh Supply If manufacturer
Supply of goods and/or services to a registered person
Manufacturer WH (Trader) Manufacturer If Agg T/o of a registered person in any FY by notified person [B2B supplies] = Applicable
(Normal Scheme) has availed ITC from 2017-18 onwards exceeds ` 10 crorers Exports by notified persons = Applicable
& later destroys Then such registered is liable to issue Supplies made by notified person, tax on which is
Tax Invoice
ITC= 1L Tax Invoice ITC = 1L it, then he shall e-invoice in case of B2B supplies (including) payable under reverse charge u/s 9(3) = Applicable
Availed Amount= 10L Availed Exports. B2C supplies by notified persons = NA
Amount = 10L have to reverse Invoices issued by Input Service Distributor = NA
+GST @ 10% = 1L +GST @10% = 1L the ITC that he Exemption from e-invoicing Where specified category of supplies are received by
Total = 11L Total= 11L availed (ie 1L)
notified persons from unregistered persons [attracting
Special Economic Zone units* reverse charge under section 9(4)] or through import of
Insurer/banking company/financial services = NA
WH (Compo Fresh Supply institution including NBFC
Scheme) Manufacturer GTA supplying services in relation to Advantages
(+) transportation of goods by road in a
Bill of Supply goods carriage Auto-reporting of invoices into GST return
No ITC Supplier of passenger transportation Auto-generation of e-way bill
Pay Tax = 1% x Outward supply service Substantial reduction in transcription errors
Person supplying services by way Early payment
of admission to exhibition of Cost reduction
Fresh Supply cinematograph films in multiplex Improved efficiency of business Reduction of tax evasion
WH (URP) Manufacturer Elimination of fake invoices
screens
(+) Government department
Commercial Invoice Local bodies Note : E-Invoice without IRN is not treated as document
* SEZ developers shall issue E-Invoice No ITC shall be availed with such E-Invoice.
No ITC
Note: Required to declared on tax invoice-Not required to issue e-invoice
Case II : Sales Return by issuing Credit note
7 Dynamic QR code on B2C invoices
Rm-X M FG-X WH FG-X M If such
Expired goods
Cost = 5L
SP = 10L ITC Sales Return of are destroyed Applicability Non-applicability of requirement of Dynamic QR code
+GST = 50K
+GST = 1L avail Exempt Goods by mfgrer
1 All B2C invoices issued by a registered person Dynamic QR code is not applicable to an invoice issued to an
11L = 1L (+) whose aggregate turnover in any preceding unregistered person by following suppliers:
Issue D/C 8 financial year from 2017-18 onwards exceeds (i) Insurer or banking company or financial institution
3
` 500 crores will have a QR code. including NBFC
5 He shall reverse (ii) Goods transport agency supplying services in relation
Issue Tax Note :
2 the ITC of RM-X (ie to transportation of goods by road in a goods carriage
Invoice
Goods Manufacturer shall issue inputs) used for
If any supply made to UIN Holder = Comply
(iii) Supplier of passenger transportation service
4 have Credit note to WH at the manufacturing FG-X Dy. QR code (iv) Person supplying services by way of admission to
Not a RP exhibition of cinematograph films in multiplex screens
Expired time of sales Return 6
(v) Supplier of online information and database access or
∴This a B2C Supply retrieval (OIDAR) services.
10
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Section 12(5) [Residual case] Rs 11,000 * 4 EMI’s = 44,000 + 500 = 44500 Rs 11,000 * 4 EMI’s = 44,000 + 500 = 44500
When TOS cant be determined TOS= Date of debit entry in the BOA of
u/s 12(2), 12(3), 12(4) then recipient w.i.e T.V u/s 15(1) 15(2)(d)
TOS = 1) If person files periodic return OR 40,000 4,000 Interest on Delayed payment of EMI’s
-Date of filing return Date of payment
2) Other case = Date when tax is paid Interest on Delayed payment of EMI’s Exempt under
Loan = Money Interest Represents
SECTION 13(4),(5),(6) Value of Supply = ` 44,500 Entry 27 part of
Section 12(6) = Interest / Late fees / Penalty Are mutatis mutandis to Represents G & Sr. = x repayment
Exempt
for delayed payment of consideration Section 12(4),(5),(6) part of of money
TOS = DOP consideration under Entry 27
11
9 REGISTRATION TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Section 22(1)
In CFY, if the person is exclusively supplying goods & Agg T/o > 40 Lacs
In CFY, if Agg T/o* > 20L/40L/10L M anipur
M izo Exceptions
T ripura
Liable to register in that State where N agaland
he makes Taxable Supplies
Compulsory Voluntary Supplier of Icecream All North East State
Note : While calculating Aggregate Turnover Interest / discount Register u/s 24 Register Pan-masala, Tobacco (Except Assam)
on loans to be included. (+) (+)
Uttarakhand
Eg. 1 • Fly ash bricks or fly ash aggregate Fly ash blocks Telengana
• Bricks of fossil meals or similar siliceous earths
A ltd. A ltd. • Building bricks Puducherry
(Maharashtra) (Manipur) • Earthen or roofing tiles
12
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Section
Section2424= =Compulsory
CompulsoryRegistration
Registration
Inter-state supply Person supplying ECO CTP NRTP Person liable Agent who makes TDS
Through ECO who to pay tax taxable supplies on
deducts TCS u/s 51 Except deductor
i) u/s 9(3) behalf of his taxable u/s 51
Who collects ii) u/s 9(5) principal
Goods Service TCS u/s 52
CTP interstate supply
Goods Service of making Handicraft
Compulsory Register Eg. goods & craftsmen OIDAR
Register only after it Flipkart, ECO required upto 20L/10L Netflix U/R/P
Compulsory Register Service
u/s 24 exceeds Register TCS u/s 52, C/R =
` 20L/` 10L only after it
u/s 24 OLX, ECO is not
exceeds Outside India In India
required to collect
Except ` 20L/` 10L Eg.
TCS u/s 52, C/R =
Handicraft goods & is not covered u/s 52 Compulsory Online gaming, music,
Goods made by craftsmen Register book, movies
predominantly by hand u/s 24 Cloud computing Sr.
exempt upto 20L/10L Eg. Advertising on internet
Hand 30% 50% 70% Predominantly
Conditions M/C 70% 50% 30%
C/R u/s 24 C/R u/s 24 Exempt upto
PAN =
20L/10L
Generates EWB =
13
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Section 28 = Amendment in RC
Change in Submit Verification Docs are Approve
Core fields Application by P.O within complete &
by R/P or to P.O within 15 WDs correct
Core field Non-Core field Any change resulting UIN 15 days from
i) Legal name of business into change in PAN is Date of such Docs are
ii) Address of PPOB / APOB i) Email ID not covered u/s 28 change. incomplete &
iii) Add / Delete / Retirement of ii) Phone No. (+) incorrect
partners / kartas / Board of Documents Approve
Trustees, CEO responsible for required Issue SCN
P.O Amendment
day to day affairs of business Reply by
Upon submission RC Shall
stands amended Verify through OTP RP within
7WD within
Permission of P.O = Required 7WDS* Reject
Either Amendment
within 7WD
* P.O doesnot take any action within 15WDS/7WDS = Deemed Amended
15
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Suspension of R/C
Date from Date of order of Date of order
which returns cancellation of of
1) Reasons R/C can also be suspended by P.O where is not furnished registration revocation of
comparison of
(i) When RP (ii) When P.O cancellation
himself applies for cancels R/C of RP Effective date of of registration
cancellation u/s. u/s. 29(2) & Rule 21 Return filed u/s 39 & Details-o/w Supplies in GSTR-I cancellation of registration
29(1) (ie GSTR-3B) or
Details - I/W Supplies in GSTR - 2A
Case II Retrospective effect
If the analysis of such comparison indicates Returns for this period to be filed within 30 days of the order of
2) Eff Date of = Date of submission Significant differences / anamalies
or Date from which revocation of cancellation from Date such returns were pending upto D.O Rev
suspension
cancellation is sought Indicating contravention
R/C shall be suspended Date from which Date of order of Date of order of
W.I. Later
returns cancellation revocation
Date as determined by P.O after giving OOBH not furnished of registration of cancellation
Effective date of of registration
3) Consequences : RP cannot make taxable supplies or shall not file any returns u/s. 39
cancellation of
4) Where any order having effect of revocation of suspension of Registration has been passed, the provisions of
registration
Sec.31(3)(a) and Sec.40 i.r.o. supplies made during period of suspension.
17
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
E-ledgers
Rule 86B
E-liability E-Credit E-cash In case where the value of Taxable supplies Exceeds ` 50 lacs
[Other than = zero-related + Exempt Supplies]
1. self assessed output 1. E-credit ledger 1. Can be utilized to pay
tax, penalty, late fees, represents I.T.C off Output Tax, interest, E-Credit Ledger can be used only to the Extent of 99% of its output tax
interest of previous tax late fees, Penalty
period 2. E- credit can be utilized
only to pay off Output 2. Money can be infused Eg. Outward supplies = ` 100 Lacs Computation of tax liability
2. self assessed output tax through:
tax, penalty, late fees, a) NEFT/ RTGS (GST@18%, excl.) Output tax = 18Lacs
b) Debit/Credit card
interest of current tax Note :
c) Net banking (-) ITC = (17.82 Lacs) (99% x 18Lacs)
period Input tax liability as per
d) UPI E-Credit ledger Bal = ` 20Lacs
RCM to be paid only through E-Cash Ledger = 18,000
3. Tax & other dues E-cash e) IMPS
demanded by PO u/s 1. Pay through E-cash F) Cash/cheque/DD
upto Rs. 10,000. per tax
73/74 2. Avail ITC for the same
period. Cases where Rule 86B doesnot apply
to recover outstanding dues including
attachment proceedings or sale of Exception
1. P.O moveable/ immoveable properties
Where the said Where the RP pays o/p Where the
to collect the amount by way of cash/cheque/ registered person
demand draft during any investigation/ person/proprietor/ tax through registered
karta/managing has received a
enforcement activity refund of more E-Cash ledger person is:-
director / any of its than ` 1 lakh in In Excess of 1%
2. Govt Dept. two partners, whole • Govt Dept.
the preceding Total Output tax
Major & Minor Heads of E-Cash ledger - time directors, FY on account of liability output • PSU
members of Managing unutilised ITC in tax libility upto • Local authority
E-cash balance can be trf between Committee of case of
Tax Distinct Person said month • Statutory body
IGST Minor Interest Associations or Board (i) ZRS (ii) IDS comulatively.
Major CGST Penalty of Trustees, as the
Heads SGST / UTGST Heads case may be, have
Fee HUL HUL
Cess Others paid more than ` 1
(Mah) Can be (Guj) lakh as income tax
GST PMT - 09 Form can be used to E-Cash Trf to E-Cash in each of the last 2 2 (iii) condition
Bal Bal financial years. Checking of Rule 86B
i) Transfer Erroneous deposits under any minor
head of a major head to anyother minor head of = O/P tax > 1% x total o/p
same or other major heads. Payable tax upto
Only if through said month
ii) Transfer of any of amounts already lying
unutilized under any of the minor heads in Condition : Transferor has paid E-cash cumulatively
E-Cash ledger.
all its liabilities in 1 April May June
his E-Liab ledger
Taxable = 10L 20L 60L = 1L > 1% x (10L+20L+60L)
Rule 86A supplies = 1L > 1% x 90L
(GST@10%)
If commissioner/officer authorised by him has a reason to believe that ITC available in e-credit ledger
has been availed fraudulently/is ineligible He may not allow to debit such amt=credit in e-credit ledger E-Credit = 30K 1.7L 7L
= 1L > 90K
Ledger
Grounds for disallowing debit from e-credit ledger
Credit is availed by RP
Balance 3 This case is covered under (iii) exception &
i) ITC is availed on the invoice,debit notes where the supplier/recipient is non-existent / or found (Given) hence R-86B shall not apply as hence 100%
not conducting business from declared POB ITC can be audited
ii) on invoices,debit note on which tax in respect of which has not been paid to govt O/P tax = 1L 2L 6L Computation
iii) w/o having invoice,debit note
iv) w/o actually receiving G/Sr (-) ITC = (30K) (1.70L) ? O/P tax = 6L
Total amount of fraudulently availed ITC Officer 70K 30K ? (-) ITC = (6L)
Not exceeding 1Cr Deputy comm/Assistant comm Nil
Above 1Cr but not exceeding 5Cr Additional comm/Joint comm
E-Credit ledger balance of ` 1L (7L-6L) shall be C/F
Above 5Cr Principal Comm/Comm
19
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Works Contract
Membership & Travel Renting of M/V, Life Insurance,
1. Membership of Health & Health Insurance, Food
Fitness Centre Beverages, Outdoor catering, Normal Special Case
2. Travel benefits Beauty treatment, Health
services,Cosmetic & Plastic
E.g. E.g.
ITC = Surgery W/C W/C
W/C Sr. HUL Own Oberoi Builders
D-mart immovable
Except
Ednovate property P&M :
ITC = Includes : such foundation
If above items are procured by Normal ITC =
Employer under & structural supports
Statutory obligation = ITC = Except
Company Policy = ITC = ITC of above items shall W/C Sr. Excludes : L& B,
not be available even if it HUL Telecommunication tower,
is in the course of business. D-mart Own P & M Pipelines land outside factory
ITC = Ednovate premises
ITC = ITC =
20
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
SPECIAL CASES FOR ITC (SEC- 18) Section 18(1)(d): ITC when exempt supply of a Registered Person becomes taxable
Section 18(1)(a): Availment of ITC for new registration
1/4 30/9 1/10
1/4 30/9 1/10 5/10 10/10
Person is supplying *Input contained in Govt. withdrawn
exempted goods or RM/WIP/ FG exemption notification
*Inputs contained Date when Applied for Date of services on such supply
in RM, WIP, FG person liable to Registration grant of
register (within 30 registration
days) certificate * 18(2) r.w 18(1)(a)/(6)/(c)/(d) ITC =
u/s 22/24
ITC = No ITC can be availed of Input/CG *Capital goods
Capital goods of Invoice older than 1yr
Apply for *- Inputs contained SECTION 18(3): ITC IN CASE OF TRANSFER OF BUSINESS
Grant of
Registration in RM/FG /WIP registration
Certificate certificate Value of Assets
1 Change in In case of demerger: - ITC to be apportioned in ratio of
ITC = constitution of value of assets of new units (to be taken at State level) &
(Voluntary)
- Capital Goods registered person not All India level
Eg: - XYZ is registered in MP & UP.
Sale/Merger/Demerger/ Total value of assets = 100cr (MP = 60cr, UP = 40cr)
ITC= Amalgamtion/lease/Transfer XYZ demerges into ABC & trf assests of 40Cr to ABC
or change in ownership of Assets of XYZ = 30Cr trf to ABC (MP)
business = 10Cr trf to ABC (UP)
Section 18(1)(c): ITC when composition scheme opted out
Unutilized ITC of XYZ to be trf to ABC
1/4 30/9 1/10
2 Provision for 30Cr 10Cr
State Level MP = = 0.5 UP = = 0.25
transfer of liabilities 60Cr 40Cr
30Cr 10Cr
Person paying tax as per * Input contained in India Level = = 0.3 = = 0.1
composition scheme
Started paying tax as 3 ITC remaining 100Cr 100Cr
RM/WIP/ FG per normal scheme
(Eg. Agg T/o > 150 Lacs) unutilized in the
electronic credit • The ratio of value of assets shall be applied to the total
ITC = amount of unutilized ITC of the transferor, i.e. sum of
ledger is transferred
to the newly CGST, SGST/ UTGST and IGST credit.
*Capital goods • The said formula need not be applied separately in
constituted entity respect of each heads of ITC (CGST/ SGST/ IGST).
ITC = ITC -5% per quarter or part thereof *
21
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
REVERSAL OF ITC
W.I.H
W.I.H
2) When a taxable goods or services supplied becomes exempted goods or
services as exemption notification issued by govt.
DOI = xxx
Reversal of ITC= Amount availed on basis of invoice Date when CG is sold = xxx
Capital goods: No. of Quarters = xxx
22
12 RETURNS TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Note:- RP to whom intimation is issued shall be debarred from filing GSTR-1/IFF till he
pays or explains the diff.
23
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
First Return
All the outward supplies made from date of becoming liable to register upto the date of grant
of registration certificate shall be filed in First Return.
Example
Date of becoming liable to register 26/04 Date of grant of registration certificate 4/05
Outward supplies b/w 26/04 and 4/05 to be filed in Form GSTR-1 on 10th May
&
Tax shall be paid in Form GSTR-3B on 20th May
Submitting details of outward supplies. Payment of Tax GST PMT-06 from (Monthly)
QR MP Scheme
1
Jul Aug Sept 1st Month 2nd month End of Qtr
In PFY, if Agg T/o is upto ₹5 Crores
Then Details = *IFF IFF GSTR-1 Payment = PMT-06 PMT-06 PMT-06
In CFY, RP can opt for QRMP Scheme o/w (Optional) (Optional) (Compulsory) Challan
supplies Due = 25th of 25th of Along with
2Condition: Date succeeding succeeding return
1. Taxpayer must have furnished his last return D/D 13th Aug 13th Sept 13th Oct
month month (i.e. 22/24
on due date. month)
2. RP does not have to exercise the option Note
every quarter, once taken they shall 1) Value of supply Shall not ₹50 lacs per
continue to furnish the return for future in IFF exceed month
tax periods unless Methods of payment
i) They become ineligible (ie. crosses 5 Crores) 2) Invoices uploaded in IFF = B2B
or and
ii) For furnishing monthly return shall not repeated in GSTR-1 Fixed sum method =
Self-Assessment method =
3 This scheme is GSTIN Based 2) Details of o/w supplies in IFF/GSTR-1 shall
be reflected in GSTR-2A/2B
Mah Monthly return
Eg : Dmart
Guj QRMP scheme
1 Fixed Sum Method
Manner of exercising the option
From 1st day of Second Month of Preceding Quarter
Till Who furnished GSTR-3B Who Furnished GSTR-3B
Last day of First Month of Quarter Quarterly for last quarter monthly for last Quarter
Can Tax paid in Cash in Last Quarter (April – June) Tax paid in cash in last month (June)
Eg : July to Sept 1st May to 31st July
Excercise
his option CGST = 100 CGST = 50
SGST = 100 SGST = 50
Taxpayer has to manually pay tax liability for the month by considering inward & outward supplies in
* IFF = Invoice Furnishing facility. from GST PMT-06
25
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Delayed
Interest on delayed payment of Days Section 47 - Late fees in case of delayed filing of return
=
tax
Due Actual Section 47(1) Section 47(2)
Tax paid in cash in date of to date of
payment payment GSTR-1 GSTR-9 Annual Return
previous Qtr April- = ₹100
GSTR-3B
June
In case of self-Assessment Method also, applicability remains the same Total Tax is Nil Others Nil Others
Note:- No Late fees is payable if payable if tax is not paid on due date as in GSTR-4
GST PMT - 06 is a payment form & not a return
`25 / day `10 / day `25 / day
`10 / day or W.I.L or W.I.L or W.I.L
or W.I.L `1000 `5000 `5000
`250
26
13 E-WAYBILL TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
PART A PART B
(to be furnished by the person who is transporting the goods) Validity of EWB
(to be furnished by the registered person who is causing movement of goods)
comprising of details of GSTIN of supplier & recipient, place of delivery, document, number Transporter document number, and Vehicle number. No. of Kms Validity
and date, value of goods, HSN code, and reasons for transportation.
ODC or Mutimodal = 20 Kms = 1 Day (+)
shipment Additional
Part B not to be furnished or updated where one Day
mode of
It Can be furnished by UEN Part A can be Blocked Transport is
It is generated after Part in Followed cases Consignor’s Distance up to 50 Kms. within the state Transporter’s ship
• Eco / Courier agent A is filled & shall remain Place of Business Place of Business
• Transporter valid for a period of 15
days for updating Part-B No need to furnish PART B details in EWB-01 Other than ODC = 200 Kms = 1 Day (+)
Additional
Day
A person paying tax A person paying A person paying tax Whose registration Transporter’s Distance up to 50 Kms. within the state Consignee’s
under composition tax under regular under regular scheme has been suspended Place of Business Place of Business
scheme has not scheme has not has not furnished GSTR under rule 21A pending Validity
furnished the statement furnished the 1 (Statement of outward the completion of No need to update PART B details in EWB-01 E.g. E-way Bill is generated at –
for payment of self- returns for 2 Tax supplies) for any 2 proceedings for Case 1 - 22:00 hrs. of 19th September
assessed tax for 2 period, or months or quarters, as cancellation of
consecutive quarters, or the case may be. registration.
ACCEPTANCE OF E-way Bill 1st Midnight = 19th-20th September
2nd Midnight = 20th-21st September
Amendment The Supplier/ Recipient can communicate their Acceptance or Rejection
of Consignment covered by E-way bill. Case 2 - 00:30 hrs. of 10th March
Inward Outward Time to Communicate = Time of Delivery of Goods
Mr. A Mr. B Supplies Mr. C OR
Supplies 72 hours of details being made st Midnight = 10th-11th March
available to him on common portal w.e.e. 2nd Midnight = 11th-12th March
Part A = Defaulted in Part A = Blocked If NO COMMUNICATION = DEEMED ACCEPTED
filing returns
27
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Rule 138C
(2)
BILL TO SHIP TO MODEL (1)
After Goods are inspected in transit One a physical within
B Move verification of goods one State
ment
Order of Go
ods Summary to be recorded online by P.O
in conveyance is done or
during transit at one In any other
(Delhi) Report within place State
A C *24 hrs of Inspection in
Parta of prescribed form
(Mumbai) (Kolkata) & No further physical verification of the said
Part B of said form shall be conveyance shall be carried out again in
Final recorded within State / UT unless specific verification i.r.t
Since, the movement of goods takes place only once, hence Report Tax Evasion is made available
only one E-way Bill shall be generated. *3 days of Inspection
28
14 EXEMPTIONS TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
29
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
EX
30
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Agriculture includes cultivation of plants, crops Services relating to agriculture or agricultural produce by way of - EX
and rearing of all life forms Sericulture, horniculture etc.
Except the rearing of horses agricultural processes carried out at an loading, Agricultural Pre -conditioning, Warehousing
Operations directly agricultural farm including tending, unloading, Produce pre-cooling,ripening, of minor
related to production pruning, cutting, harvesting, drying, packing, storage Marketing waxing, retail forest
Note : of any agricultural cleaning, trimming, fumigating, or warehousing Committee packing, labeling of produce
1. Custom milling of paddy into rice = T produce including curing,sorting, grading, cooling of agricultural or Board is fruits and vegetable.
cultivation, or bulk packaging and such like produce exempt
harvesting, threshing, operations which do not change
2. Agri Produce Product plant protection or essential characteristics of
Sugarcane Jaggery testing; agricultural produce but make it only
Coffee beans Coffee powder marketable for the primary market;
Tea leaves Tea powder Storage/
warehousing renting or leasing of agro agricultural commission agent for sale Artificial
Whole gram, Rajma Dehusked/Split pulses of cereals, supply
machinery or vacant land extension or purchase of agricultural insemination
pulses, fruit, of farm with or without a structure services; produce (¬ a product of livestock
vegetables labour; incidental to its use made out of agriculture (other than
Services by Bank (Note : Renting of vacant produce) horses)
EX land to stud farm - T )
Loan = 100L + Processing
Lender Borrower Services by way of giving on hire –
Fees + Interest @10%pm. Admission to entertainment events
1
Repayment Hire Motor Vehicle
State
NEETA capacity > 12 Passengers
Transport a) circus, dance, or Protected
Tours & Travel
Museum
100L 10,000 10L unit theatrical performance Zoo monument
including drama or National Park under
EX ballet;
Loan
Processing Fees Interest 2 Wildlife Monuments &
b) award function, Archaeological
EX concert, pageant, Tiger Reserve
T Sites &
EOV (>12 passengers) musical performance
Money Neither Goods / GST = NA Elon Local Remains Act,
Nor Service Authority or any sporting event
Musk other than a EX 1958
Note : Interest charged by credit card company = T EX recognised sporting
event, (Eg. IPL)
c) recognised sporting EX
Forex service 3
Bank Bank event; (Eg. ODI, T20)
NEETA Motor Vehicle Hire GTA d) planetarium,
EX Authorised
Bank Tours & Travel
Dealer
EX
Authorised EX Cosideration upto ` 500 = EX
Bank
Dealer 4
EX Anil Transport Service Pre School
Authorised Authorised NEETA Motor Vehicle Hire
Dealer Dealer Tours & Travel
Student / Faculty / Staff
EX Transport to HSC
Bank or
General EX
Authorised
Public EX
Dealer T
31
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Transportation of passengers
Clarification : Public transport means
open to public.
It can be privately / publicly owned
ROAD AIR RAIL Water vehicle.
32
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
33
TAXKATEACHER - CA KARAN SHETH
CA KARAN SHETH - INTERCA IDT /GST 8879-727-727
Entry No. 63
Assignmen to Legal Services
right to use natural Individual Agg T/O does not exceed the
CG/SG/UT/LA farmer
resources for
exemption from reg. under
cultivation of plants / rearing of all life
forms except CGST act. 2017 - Exempt
To B/E
horses
EX
Entry No. 16 Agg T/O exceeds the amount
CG/SG/UT/LA eligible for exemption from
1000 EX Arbitration Tribunal GE - GA* reg. under CGST act GST -
CG Exempt
Transport of passenger Sr to / Taxable
Airline
from RCS Airport
Passenger To N/B/E = Exempt
= 2000 GST = RCM =
1000 T
Entry No. 11A
Agg T/O does not exceed the
Service provided by Fair Price Shops to Central Government, State Government or Union exemption from reg. under
territory by way of sale of food grains, kerosene, sugar, edible oil, etc. under Public CGST act. 2017 - Exempt
Distribution System against consideration in the form of commission or margin. To B/E*
Entry No. 51
Services provided by the GSTN (Goods and Services Tax Network) to the Central Government Agg T/O exceeds the amount
CG/SG/UT/LA
or State Governments or Union territories for implementation of Goods and Services Tax. eligible for exemption from
GE - GA*
T reg. under CGST act GST -
Exempt
Entry No. 43 Taxable
Services of leasing of assets (rolling stock assets including wagons, coaches, locos) by the (advocate or P. Firm of advocates)
Indian Railways Finance Corporation to Indian Railways. T
Exempt
GST = RCM =
Entry No. 11 Individual advocate
Services by way of pure labour contracts of construction, erection, commissioning, or or (Non-business entity)
installation of original works pertaining to a P. firm of advocates Exempt
single residential unit otherwise than as a part of a residential complex.
Entry 6 CG/SG/UT/LA Supplying any service = EX [ Clarification : Sr supplied by Air Force, Army,
Government services Navy, Para, Police mess to their personnel]
Except EX
Transportation Any
Dept. of Any CG/SG/UT/ Services i.r.t Recipient CG/SG/ Recipient CG/SG/ services Business
Recipient LA aircraft/vessel UT/LA of goods/ UT/LA Entity
Post
Any Service inside/outside passengers
Precincts of port/ Pay tax as per
Pay tax as Pay tax as per airport FCM T Check Entry No. 7
per FCM T ** Except those covered under Entry no.
FCM
T 17,18,20.
Post card, inland
D.O. Any
letter, book
Post post, ordinary
Recipient Entry 8 Entry 3/3A
post (Envelopes Any Pure Service CG/SG/ Services by
CG/SG/UT/LA EX CG/SG/UT/LA
weighing less Supplier or UT/LA the way of
than 10gms) Composite
supply where functions
Above exemption is not applicable to: Not more than entrusted to
EX 1. Services provided by department of post……… 25% of value
2. Services provided i.r.t aircraft/vessel……… Panchayat
constitutes
3. Transportation of passengers and goods Goods portion
Entry 7 Ar. 243G
Entry 9D i.r.t Municipality
Any Service B/E, Agg T/O in PFY
Doesnot exceed Registration EX Panchayat Municipality
Threshold limit Oldage home run by consideration Resident aged Ar. 243W
• CG/SG upto Rs.25,000 per month > 60 years
Article 243G Article 243W
CG/SG/UT/LA • Entity u/s 12AA/ per member inclusive of
AB, IT Act. charges for boarding,
EX
lodging and maintenance. Exempt Not a Supply u/s 7(2)
36
It is said that if a Teacher teaches you
something you ought to give him
"GURU DAKSHINA", so that
Goddess SARASWATI can bless you and
help you retain what you have learnt.
` 99
on cakaransheth@okicici