Showing posts with label GST. Show all posts
Showing posts with label GST. Show all posts

Saturday, May 5, 2018

Outcome of 27th GST Council Meeting on May 04th, 2018

SIMPLIFICATION OF RETURNS
GST Council today in its 27th meeting approved principles for filing of new return design based on the recommendations of the Group of Ministers on IT simplification.


CHANGE IN THE SHAREHOLDING PATTERN OF GSTN
Presently, the Central Government and State Government are holding 24.5% equity shares respectively and the remaining 51% are held by non-Governmental institutions and through various mechanisms, GSTN is under strategic control of government.
Considering the nature of ‘state’ function performed by GSTN, Council in its meeting held today decided that GSTN be converted into be a fully owned government Company.


INCENTIVE TO PROMOTE DIGITAL TRANSACTIONS
Keeping in view the need to move towards a less cash economy, the Council has discussed in detail the proposal of a concession of 2% in GST rate [where the GST rate is 3% or more, 1% each from applicable CGST and SGST rates] on B2C supplies, for which payment is made through cheque or digital mode, subject to a ceiling of Rs. 100 per transaction, so as to incentivise promotion of digital payment.
The council has recommended for setting up of a Group of Ministers from State Governments to look into the proposal and make recommendations, before the next Council meeting, keeping in mind the views expressed in GST Council.


IMPOSITION OF SUGAR CESS OVER AND ABOVE 5% GST AND REDUCTION IN GST RATE ON ETHANOL
The council has recommended for setting up of a Group of Ministers from State Governments to look into the proposal and make recommendations, within two weeks, keeping in mind the views expressed in GST Council in this regard.

Wednesday, May 2, 2018

Clarification on issues related to taxability of ‘Tenancy Rights’ under GST [Circular No.44/18/2018-CGST dated 02 May, 2018]

Transfer of tenancy rights to a new tenant against consideration in the form of tenancy premium is taxable. However, renting of residential dwelling for use as a residence is exempt [Sl. No. 12 of notification No. 12/2017-Central Tax(Rate)]. Hence, grant of tenancy rights in a residential dwelling for use as residence dwelling against tenancy premium or periodic rent or both is exempt. As regards services provided by outgoing tenant by way of surrendering the tenancy rights against consideration in the form of a portion of tenancy premium is liable to GST. 

Monday, April 30, 2018

List of forms as per CGST Rules, 2017


Form Name
Description

CHAPTER-II COMPOSITION

Form GST CMP -01 [See rule 3(1)]
Intimation to pay tax under section 10 (composition levy)
(Only for persons registered under the existing law migrating on the appointed day)
Form GST CMP-02 [See rule 3(3) and 3(3A)]
Intimation to pay tax under section 10 (composition levy)
(For persons registered under the Act)
Form GST –CMP-03 [See rule 3(4)]
Intimation of details of stock on date of opting for composition levy
(Only for persons registered under the existing law migrating on the appointed day)
Form GST – CMP-04 [See rule 6(2)]
Intimation/Application for Withdrawal from Composition Levy
Form GST CMP- 05 [See rule 6(4)]
Notice for denial of option to pay tax under section 10
Form GST CMP - 06 [See rule 6(5)]
Reply to the notice to show cause
Form GST CMP-07 [See rule 6(5)]
Order for acceptance / rejection of reply to show cause notice

CHPATER-III REGISTRATION

Form GST REG-01 [See rule 8(1)]
Application for Registration
(Other than a non-resident taxable person,a person required to deduct tax at source under section 51 and a person required to collect tax at source under section 52 and a person supplying online information and database access or retrieval services from a place outside India to a non-taxable online recipient referred to in section 14 of the Integrated Goods and Services Tax Act, 2017)
Form GST REG-02 [See rule 8(5)]
Acknowledgment
Form GST REG-03 [See rule 9(2)]
Notice for Seeking Additional Information / Clarification / Documents relating to Application for <<Registration/ Amendment/ Cancellation>>
Form GST REG-04 [See rule 9(2)]
Clarification/additional information/ document for  <<Registration/ Amendment/ Cancellation>>
Form GST REG-05 [See rule 9(4)]
Order of Rejection of Application for <Registration/ Amendment/ Cancellation>
Form GST REG-06 [See rule 10(1)]
Registration Certificate
Form GST REG-07 [See rule 12(1)]
Application for Registration as Tax Deductor at source (u/s 51) or Tax Collector at source (u/s 52)
Form GST REG-08 [See rule 12(3) ]
Order of Cancellation of Registration as Tax Deductor at source or Tax Collector at source


Form GST REG-09 [See rule 13(1) ]
Application for Registration of Non Resident Taxable Person
Form GST REG-10 [See rule 14(1)]
Application for registration of person supplying online information and data base access or retrieval services from a place outside India to a person in India, other than a registered person.
Form GST REG-11 [See rule 15(1) ]
Application for extension of registration period by casual / non-resident taxable person
Form GST REG-12 [See rule 16(1)]
Order of Grant of Temporary Registration/ Suo Moto Registration
Form GST REG-13 [See Rule 17]
Application/Form for grant of Unique Identity Number (UIN) to UN Bodies/ Embassies /others
Form GST REG-14 [See rule 19(1) ]
Application for Amendment in Registration Particulars
Form GST REG-15 [See rule 19(1)]
Order of Amendment
Form GST REG-16 [See rule 20]
Application for Cancellation of Registration
Form GST REG -17 [See rule 22(1)]
Show Cause Notice for Cancellation        Registration
Form GST REG- 18 [See rule 22(2)]
Reply to the Show Cause Notice issued for cancellation for registration
Form GST REG-19 [See rule 22(3)]
Order for Cancellation of Registration 

Form GST REG-20 [See rule 22(4)]
Order for dropping the proceedings for cancellation of registration
Form GST REG-21 [See rule 23(1) ]
Application for Revocation of Cancellation of Registration
Form GST REG-22 [See rule 23(2]
Order for revocation of cancellation ofregistration

Form GST REG-23 [See rule 23(3) ]
Show Cause Notice for rejection of application for revocation of cancellation of registration
Form GST REG-24 [See rule 23(3)]
Reply to the notice for rejection of application for revocation of cancellation of registration
Form GST REG-25 [See rule 24(1)]
Certificate of Provisional Registration
Form GST REG-26 [See rule 24(2)]
Application for Enrolment of Existing Taxpayer
Form GST REG-27 [See rule – 24(3)]
Show Cause Notice for cancellation of provisional registration
Form GST REG-28 [See rule 24(3)]
Order for cancellation of provisional registration
Form GST REG-29 [See rule 24(4) ]
APPLICATION FOR CANCELATION OF REGISTRATION OF MIGRATED TAXPAYERS]
Form GST REG-30 [See rule 25]
Form for Field Visit Report



CHAPTER-V INPUT TAX CREDIT
Form GST ITC – 01 [See rule 40(1)]
Declaration for claim of input tax credit under sub-section (1) of section 18
Form GST ITC -02 [See rule – 41(1)]
Declaration for transfer of ITC in case of sale, merger, demerger, amalgamation, lease or transfer of a business under sub-section (3) of section
Form GST ITC -03 [See rule44(4)]
Declaration for intimation of ITC reversal/payment of tax on inputs held in stock, inputs contained in semi-finished and finished goods held in stock and capital goods under sub-section (4) of section 18
Form GST ITC-04 [See rule – 45(3)]
Details of goods/capital goods sent to job worker and received back

CHAPTER-VII ACCOUNTS AND RECORDS
FORM GST ENR-01 [See rule 58(1)]
Application for Enrolment under section 35(2)

CHAPTER-VIII RETURNS
Form GSTR-1 [See rule (59(1)]
Details of outward supplies of goods or services
Form GSTR-1A [See rule 59(4)]
Details of auto drafted supplies
Form GSTR-2 [See rule 60(1)]
Details of inward supplies of goods or services
FORM GSTR-2A [See rule 60(1)]
Details of auto drafted supplies
Form GSTR-3 [See rule 61(1)]
Monthly return

Form GSTR – 3A [See rule 68]
Notice to return defaulter u/s 46 for not filing return
FORM GSTR-3B [See rule 61(5)]
3.1 Details of Outward Supplies and inward supplies liable to reverse charge
Form GSTR-4 [See rule 62]
Quarterly return for registered person opting for composition levy
Form GSTR-4A [See rules 59(3) & 66(2)]
Auto-drafted details for registered person opting for composition
Form GSTR-5 [See rule 63]
Return for Non-resident taxable person
Form GSTR-5A [See rule 64]
Details of supplies of online information and database access or retrieval services by a person located outside India made to non-taxable persons in India

Form GSTR-6 [See rule 65]
Return for input service distributor
Form GSTR-6A [See Rule 59(3) & 65]
Details of supplies auto-drafted form
Form GSTR-7 [See rule 66 (1)]
Return for Tax Deducted at Source
Form GSTR 7A [See rule 66(3)]
Tax Deduction at Source Certificate
Form GSTR – 8 [See rule 67(1)]
Statement for tax collection at source
[FORM GSTR-10 (See rule 81)
Final Return
Form GSTR -11 [See rule 82]
Statement of inward supplies by persons having Unique Identification Number (UIN)
Form GST PCT – 1 [See rule 83(1)]
Application for Enrolment as Goods and Services Tax Practitioner
Form GST PCT-02 [See rule 83(2)]
Enrolment Certificate of Goods and Services Tax Practitioner
Form GST PCT-03 [See rule 83(4)]
Show Cause Notice for disqualification
Form GST PCT-04 [See rule 83(4)]
Order of rejection of enrolment as GST Practitioner
Form GST PCT-05 [See rule 83(6)]
Authorisation / withdrawal of authorisation for Goods and Services Tax Practitioner

CHAPTER– IX PAYMENT OF TAX

Form GST PMT –01 [See rule 85(1)]
Electronic Liability Register of Registered Person
Form GST PMT –01 [See rule 85(1)]
Electronic Liability Register of Taxable Person
Form GST PMT –02 [See rule 86(1)]
Electronic Credit Ledger of Registered Person
Form GST PMT –03 [See rules86(4) & 87(11))]
Order for re-credit of the amount to cash or credit ledger on rejection of refund claim
Form GST PMT –04 [See rules85(7), 86(6) & 87(12)]
Application for intimation of discrepancy in Electronic Credit Ledger/Cash Ledger/ Liability Register
Form GST PMT –05 [See rule 87(1)]
Electronic Cash Ledger
Form GST PMT –06 [See rule 87(2)]
Challan for deposit of goods and services tax
Form GST PMT –07 [See rule 87(8)]
Application for intimating discrepancy relating to payment

CHAPTER-X REFUND

FORM-GST-RFD-01 [See rule 89(1)]
Application for Refund
FORM-GST-RFD-01 A [See rules 89(1) and 97A]
Application for Refund (Manual)
FORM-GST-RFD-01 B [See rules 91(2), 92(1), 92(3), 92(4), 92(5) and 97A]
Refund Order details
FORM-GST-RFD-02 [See rules90(1), 90(2) and 95(2)]
Acknowledgment
FORM-GST-RFD-03 [See rule 90(3)]
Deficiency Memo
FORM-GST-RFD-04
Provisional Refund Order

FORM-GST-RFD-05 [See rule 91(3), 92(4), 92(5) & 94]
Payment Advice
FORM-GST-RFD-06 [See rule 92(1), 92(3), 92(4), 92(5) & 96(7)]
Refund Sanction/Rejection Order
FORM-GST-RFD-07 [See rule 92(1), 92(2) & 96(6)]
Order for Complete adjustment of sanctioned Refund

FORM-GST-RFD-08 [See rule 92(3)]
Notice for rejection of application for refund
FORM-GST-RFD-09 [See rule 92(3)]
Reply to show cause notice
FORM GST RFD-10112 [See rule 95(1)]
Application for Refund by any specialized agency of UN or any Multilateral Financial Institution and Organization, Consulate or Embassy of foreign countries, etc.
FORM GST RFD-11 [See rule 96A]
Furnishing of bond or Letter of Undertaking for export of goods or services

CHAPTER–XI ASSESSMENT AND AUDIT

Form GST ASMT – 01 [See rule 98(1)]
Application for Provisional Assessment under section60
Form GST ASMT – 02 [See rule 98(2)]
Notice for Seeking Additional Information / Clarification / Documents for provisional assessment
Form GST ASMT – 03 [See rule 98(2)]
Reply to the notice seeking additional information
Form GST ASMT – 04 [See rule 98(3)]
Order of Provisional Assessment
Form GST ASMT – 05 [See rule 98(4)]
Furnishing of Security
Form GST ASMT – 06 [See rule 98(5)]
Notice for seeking additional information / clarification / documents for final assessment
Form GST ASMT – 07 [See rule 98(5)]
Final Assessment Order
Form GST ASMT – 08 [See rule 98(6)]
Application for Withdrawal of Security
Form GST ASMT – 09 [See rule 98(7)]
Order for release of security or rejecting the application
Form GST ASMT – 10 [See rule 99(1)]
Notice for intimating discrepancies in the return after scrutiny
Form GST ASMT – 11 [See rule 99(2)]
Reply to the notice issued under section61 intimating discrepancies in the return
Form GST ASMT–12 [See rule 99(3)]
Order of acceptance of reply against the notice issued under section61
Form GST ASMT – 13 Form GST ASMT - 13
Assessment order under section 62
Form GST ASMT – 14 [See rule 100(2)]
Show Cause Notice for assessment under section 63

Form GST ASMT – 15 [See rule 100(2)]
Assessment order under section 63
Form GST ASMT – 16 [See rule 100(3)]
Assessment order under section 64
Form GST ASMT – 17 [See rule 100(4)]
Application for withdrawal of assessment order issued under section 64
Form GST ASMT – 18 [See rule 100(5)]
Acceptance or Rejection of application filed under section 64 (2)
Form GST ADT – 01 [See rule 101(2)]
Notice for conducting audit
Form GST ADT – 02 [See rule 101(5)]
Audit Report under section 65(6)
Form GST ADT – 03 [See rule 102(1)]
Communication to the registered person for conduct of special audit under section 66
Form GST ADT – 04 [See rule 102(2)]
Information of Findings upon Special Audit

CHAPTER-XII ADVANCE RULING          

Form GST ARA -01 [See Rule 104(1)]
Application Form for Advance Ruling
Form GST ARA -02 [See Rule 106(1)]
Appeal to the Appellate Authority for Advance Ruling
Form GST ARA -03 [See Rule 106(2)]
Appeal to the Appellate Authority for Advance Ruling

CHAPTER- XIII  APPEAL AND REVISION

Form GST APL – 01 [See rule 108(1)]
Appeal to Appellate Authority
Form GST APL – 02 [See rule 108(3)]
Acknowledgment for submission of appeal
Form GST APL – 03 [See rule 109(1)]
Application to the Appellate Authority under sub-section (2) of Section 107
Form GST APL – 04 [Seerules113(1) & 115]
Summary of the demand after issue of order by the Appellate Authority, Tribunal or Court
Form GST APL – 05 [See rule 110(1)]
Appeal to the Appellate Tribunal
Form GST APL – 06 [See rule 110(2)]
Cross-objections before the Appellate Tribunal
Form GST APL – 07 [See rule 111(1)]
Application to the Appellate Tribunal under sub section (3) of Section 112
Form GST APL – 08 [See rule 114(1)]
Appeal to the High Court under section 117

CHAPTER-XIV TRANSITIONAL PROVISION
Form GST TRAN – 1 [See rule 117(1), 118, 119 & 120]
Transitional ITC / Stock Statement
Form GST TRAN – 2 [See Rule 117(4)]
Details of inputs held on stock on appointed date in respect of which invoice/ document is not in possession.

CHAPTER-XVI E-WAY

FORM GST EWB-01 (See rule 138)
E-Way Bill
FORM GST EWB-02 (See rule 138)
Consolidated E-Way Bill
FORM GST EWB-03 (See rule138C)
Verification Report
FORM GST EWB-04 (See rule138D)
Report of detention
FORM GST INV – 1 (See rule 138A)
Generation of Invoice Reference Number

CHAPTER-XVII XINSPECTION, SEARCH AND SEIZURE

FORM GST INS-1 [See rule 139 (1)]
AUTHORISATION FOR INSPECTION OR SEARCH
FORM GST INS-02 [See rule 139 (2)]
ORDER OF SEIZURE
FORM GST INS-03 [See rule 139(4)]
ORDER OF PROHIBITION
FORM GST INS-04 [See rule 140(1)]
BOND FOR RELEASE OF GOODS SEIZED
FORM GST INS-05 [See rule 141(1)]
ORDER OF RELEASE OF GOODS/ THINGS OF PRISHABLE OR HAZARDOUS NATURE
FORM GST DRC – 01 [See rule 142(1)]
Summary of Show Cause Notice

CHAPTER- XVIII DEMANDS AND RECOVERY

FORM GST DRC – 01 [See rule 142(1)]
Summary of Show Cause Notice
FORM GST DRC -02 [See rule 142(1)(b)]
Summary of Statement
FORM GST DRC- 03 [See rule 142(2) & 142 (3)]
Intimation of payment made voluntarily or made against the show cause notice (SCN) or statement
FORM GST DRC – 04 [See rule 142(2)]
Acknowledgement of acceptance of payment made voluntarily
FORM GST DRC- 05 [See rule 142(3)]
Intimation of conclusion of proceedings
FORM GST DRC - 06 [See rule 142(4)]
Reply to the Show Cause Notice
[FORM GST DRC-07 [See rule 142(5)]
Summary of the order
FORM GST DRC - 08 [See rule 142(7)]
Rectification of Order
FORM GST DRC – 09 [See rule 143]
Order for recovery through specified officer under section 79
FORM GST DRC – 10 [See rule 144(2)]
Notice for Auction of Goods under section 79 (1) (b) of the Act
FORM GST DRC – 11 [See rule 144(5) & 147(12)]
Notice to successful bidder
FORM GST DRC – 12 [See rule 144(5) & 147(12]
Sale Certificate
FORM GST DRC – 13 [See rule 145(1)]
Notice to a third person under section 79(1) (c)
FORM GST DRC – 14 [See rule 145(2)]
Certificate of Payment to a Third Person
FORM GST DRC-15 [See rule 146]
APPLICATION BEFORE THE CIVIL COURT REQUESTING EXECUTION FOR A DECREE
FORM GST DRC – 16 [See rule 147(1) & 151(1)]
Notice for attachment and sale of immovable/movable goods/shares under section 79
FORM GST DRC – 17 [See rule 147(4)]
Notice for Auction of Immovable/Movable Property under section 79(1) (d)
FORM GST DRC – 18 [See rule 155]
Certificate action under clause (e) of sub-section (1) section 79
FORM GST DRC – 19 [See rule 156]
Application to the Magistrate for Recovery as Fine
FORM GST DRC – 20 [See rule 158(1)]
Application for Deferred Payment/ Payment in Instalments
FORM GST DRC – 21 [See rule 158(2)]
Order for acceptance/rejection of application for deferred payment / payment in instalments
FORM GST DRC - 22 [See rule 159(1)]
Provisional attachment of property under section83
FORM GST DRC - 23 [See rule 159(3), 159(5) & 159(6)]
Restoration of provisionally attached property / bank account under section 83
FORMGST DRC-24 [See rule 160]
Intimation to Liquidator for recovery of amount
FORM GST DRC – 25 [See rule 161]
Continuation of Recovery Proceedings

CHAPTER- XIX OFFENCES AND PENALTIES

FORM GST CPD-01 [See rule 162(1)]
Application for Compounding of Offence
FORM GST CPD-02 [See rule 162(3)]
Order for rejection / allowance of compounding of offence



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