Margin base valuation in case of purchase of second hand goods

 Margin base valuation in case of purchase of second hand goods  Uncategorized
Jan 292018
 

Margin base valuation in case of purchase of second hand goods

Chargeability of GST: [Section 9]

There shall be levied a tax called the central goods and services tax on all intra-State supplies of goods or services or both,

  • Except on the supply of alcoholic liquor for human consumption,

On the value determined under section 15 and at such rates, not exceeding twenty per cent., as may be notified by the Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person.

Thus, before liability to pay GST arises two conditions must be satisfied:

  • Transaction under consideration must be a supply under GST law
  • The transaction must be entered by a taxable person.

In general the term supply means – “The total amount of a goods or service that is available to be purchased at any set period of time” Thus, in contrast to sale the term supply does not require actual delivery of goods or services to the purchaser.

Rule 32: Determination of value in respect of certain supplies:

“Where a taxable supply is provided by a person dealing in buying and selling of second hand goods i.e., used goods

  • as such or
  • after such minor processing which does not change the nature of the goods and
  • where no input tax credit has been availed on the purchase of such goods,

the value of supply shall be the difference between the selling price and the purchase price and

  • where the value of such supply is negative, it shall be ignored:

Purchase value of goods taken from a defaulting borrower:

  • who is not registered,
  • for the purpose of recovery of a loan or debt

Shall be deemed to be the purchase price of such goods by the defaulting borrower reduced by 5% points for every quarter or part thereof, between the date of purchase and the date of disposal by the person making such repossession.”

Notification No.10/2017-Central Tax (Rate):

Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby exempts:

  • Supplies within the state
  • Of second hand goods
  • received by a registered person, Dealing in buying and selling of second hand goods
  • Supplied by any supplier, who is not registered
  • If he pays the central tax on the value of outward supply of such second hand goods,

from the whole of the central tax leviable thereon.

Conclusion:

  1. Supplies of second hand goods are taxable under GST net
  2. RCM is not applicable in case second hand goods are purchase by registered supplier from unregistered supplier
  3. In case ITC is not claimed at the time of purchase of such goods than tax at the time of outward supply of such goods shall be paid on value addition only, ignoring negative value addition, if any
  4. Special value considerations are applicable in case second hand goods are taken from loan defaulters.

Liability of employer for not deducting PF under Employer Provident Funds and Misc. Provisions Act, 1952

 Liability of employer for not deducting PF under Employer Provident Funds and Misc. Provisions Act, 1952  1952, Liability of employer for not deducting PF under Employer Provident Funds and Misc. Provisions Act, Uncategorized
Dec 182017
 

Liability of employer for not deducting PF under Employer Provident Funds and Misc. Provisions Act, 1952

  1. Liability to deduct PF on overtime:

For ascertaining whether to deduct PF on particular component of Basic Wages one has to determine:-

Whether the payment which has been made to a workman / employee in respect the period which does not fall within normal duty hours or within over time hours would be said to be overtime allowance or is a payment of similar nature to fall within the category of similar allowance payable.

Over time allowance as generally understood and defined under factories act 1948 means working in a factory for more than 9 hours in any day or for more than 48 hours in any week, and shall, in respect of overtime work, be entitled to receive wages at the rate of twice his/her ordinary rate of wages. Further, no worker can work more than 10-1/2 hours a day. In essence, worker working more than 48 hours in a week shall be paid overtime with the rate of double wages and further overtime hours can not in any case exceed 24 hours in a week.

The PF is deductible on all emoluments which are earned by an employee while on duty excluding specifically overtime. As mentioned above overtime could only limited within the range of 48 hours in week to 72 hours work in a week. [1 week = 6 days]

Any payment to worker for work more than 72 hours is not overtime and hence PF deduction liability is not applicable on the same.

  1. PF is not liable to be deducted on salary / wages payable to trainees:

In industries it is observed that trainees are deployed within the floor of industry and skilled and developed workmen is again kept on permanent pay roll of the industry. In such cases PF is not deducted on whatever amount is being paid to such trainees if following conditions are met:

  1. Training has been introduced with a view to impart training to persons with specified qualifications.
  2. Minimum qualification and training period has to be mentioned in the training scheme. However, manager may reserve its right to determine the period of training to a particular trainee if they find that there is no proper response from the trainees.
  3. Trainees are being paid a consolidated stipend. This may increase year after year during the period of training.
  4. No other benefit, except for stipulated stipend, shall be paid to such trainees.
  5. Trainees should be recruited for a specified period under the scheme.
  6. There should not be any guarantee for their employment in the company after the completion of their training period.
  7. Training may be terminated at any time without any notice or reason if trainees are found to be medically unfit or unable to accommodate with training environment.

  1. Non-payment of contribution – Recovery can’t be done from director working in the professional capacity:

In case director was not in the position to control financial and managerial aspect of the company, it is wrong to enforce recovery from such director for the default made by the company.

Accounting Entries in case GST paid under Reverse Charge

 Accounting Entries in case GST paid under Reverse Charge  Accounting Entries in case GST paid under Reverse Charge, Uncategorized
Sep 262017
 

Accounting Entries in case GST paid under Reverse Charge

Features of reverse charge mechanism of payment of tax on certain supply of services under GST:

The bulleted points of the above discussion are as below:

  • Reverse charge is a mode of collection of tax by government and not a different tax.
  • If goods and / or services are purchase from the registered taxable person – reverse charge levy can be effected only when goods and / or services traded are one of the specified items. Till date no such items are specified by central government.
  • Goods and / or services on which tax is payable under reverse charge are not exempted goods and / or services.
  • In case such goods are supplied by registered taxable person tax invoice shall be prepared by such supplier with the mentioned of the words – “TAX IS PAYABLE ON REVERSE CHARGE BASIS”
  • In case goods and / or services are supplied by unregistered person tax invoice will be generated by recipient taxable person under section 31(3)(f).
  • ITC of tax paid under RCM (reverse charge mechanism) will allowed once tax and value of supply is paid.

With the above background the accounting entry that can be passed is given below:

Accounting entry at seller end:

Whether supply is made by registered person or unregistered person –

XYZ party a/c                Dr

To Sale (under RCM) a/c

Accounting entry at purchaser end:

Mode 1 : Purchase made from registered person:

  • Tax will be paid by receiver of goods
  • Tax Invoice shall be prepared by supplier of goods / services
  • ITC will be available on tax paid
  • Payment voucher shall be prepared for every payment made

Accounting entry:

Purchase:

Purchase a/c                  Dr

Provisional ITC of CGST (under RCM)

Provisional ITC of SGST (under RCM)

To ABC Party a/c                 (For material purchase)

To CGST (under RCM)          (For CGST)

To SGST (under RCM)          (For SGST)

Availing ITC after fulfilling conditions:

ITC of CGST                  Dr

ITC of SGST                  Dr

To Provisional ITC of CGST (under RCM)

To Provisional ITC of SGST (under RCM)

Mode 1 : Purchase made from un-registered person:

  • Tax will be paid by receiver of goods
  • Tax Invoice shall be prepared by receiver of goods / services
  • No question of issuance of bill of supply as supply is not of exempted goods
  • ITC will be available on tax paid
  • Payment voucher shall be prepared for every payment made

Accounting entry:

Purchase:

Purchase a/c                  Dr

To ABC Party a/c                       (For material purchase)

 

Issue of tax invoice:

Provisional ITC of CGST (under RCM)

Provisional ITC of SGST (under RCM)

Memorandum sale a/c – crated only for the purpose of creating GST liability

To CGST (under RCM)    (For CGST)

To SGST (under RCM)    (For SGST)

To Memorandum sale a/c – crated only for the purpose of creating GST liability

 

Availing ITC after fulfilling conditions:

ITC of CGST                  Dr

ITC of SCST                   Dr

To Provisional ITC of CGST (under RCM)

To Provisional ITC of SGST (under RCM)

GSTR – 1: Return of Outward supply

 GSTR – 1: Return of Outward supply  GSTR – 1: Return of Outward supply, Uncategorized
Sep 072017
 

GSTR – 1: Return of Outward supply

Why to file GSTR 1:

The need for filing GSTR 1 arises from section 37 of the CGST act and same is reproduced below:

Every registered person, other than:

  • An Input Service Distributor,
  • A non-resident taxable person and
  • A person paying tax under the provisions of section 10 or
  • A person paying tax under section 51 (Person deducting TDS) or
  • A person paying tax under section (Person collecting TCS) 52,
  • A person mentioned under section 14 of IGST act (supplier of online information and database access or retrieval services).

shall furnish, electronically, in such form and manner as may be prescribed, the details of outward supplies of goods or services or both effected during a tax period

  • on or before the 10th day of the month succeeding the said tax period and

such details shall be communicated to the recipient of the said supplies within such time and in such manner as may be prescribed:

Provided that the registered person shall not be allowed to furnish the details of outward supplies during the period from the 11th day to the 15th day of the month succeeding the tax period:

Provided further that the Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing such details for such class of taxable persons as may be specified therein. Hence, commissioner has extended the time limit for the months of July and August months

Provided also that any extension of time limit notified by the Commissioner of State tax or Commissioner of Union territory tax shall be deemed to be notified by the Commissioner

Hence, all taxable suppliers are liable to file GSTR 1 except those mentioned above including those cases where there is no sales in the relevant taxing month.

Meaning of details of outward supplies:

“details of outward supplies” shall include details of:

  1. Invoices,
  2. Debit notes,
  3. Credit notes and
  4. Revised invoices

Issued in relation to outward supplies made during any tax period

Importance of GSTR 1:

Normally every registered person required to furnished / validate following returns:

Return Forms GSTR – 1 GSTR – 1A GSTR – 2 GSTR – 2A GSTR -3
Activity recorded Outward supply Auto Drafted Inward Supply Auto Drafted GST Payment
Outcome GST liability Revise return ITC allowed Reconciled Monthly return
Basis of preparation Sales Invoice issued to recipient / consumer GSTR 2, 4 & 6 Part A, Part B and Part C of FORM GSTR-2A GSTR -1 of the corresponding suppliers from whom purchases are made GSTR 1 and GSTR 2

Thus, every other return except GSTR 1 is auto populated and needs to be validated by taxable registered person. Thus, every care must be made before filing the form as it would directly impact our taxable liability under
GSTR – 3.

When to file GSTR 1 (As extended vide notification no 29/2017):

Forms Notification number For July 2017 For August 2017 From Sep. Onwards
GSTR 1 18/2017 – Central Tax 1st to 10th September Up to 5th October 1st to 10th of next month

Classification of invoices for recording of transaction in GSTR 1:

All issued invoices during the tax period must be classified as given below for correct and complete recording of all transaction in GSTR 3:

Particulars Invoices
Classification of invoices Intra-state supply Inter-state supply Extant of details required
B2B ✓ ✓ Invoice wise and tax rate wise
Export Invoice x ✓ Invoice wise and tax rate wise
B2C large x Invoice value > Rs. 2.5 lacs Invoice wise, tax rate wise and state wise
B2C ✓ Invoice value < Rs. 2.5 lacs Consolidated

Modes of filing GSTR 1:

There are two modes of filing GSTR 1 as explained below:

  1. Online mode: The facility of filing GSTR 1 is provided on gst.gov.in online. In case where invoices in a particular month are upto 500 in number this facility can be used. However, numbers of invoices are more than 500 it is batter to prepare return in off line mode.
  2. Off line mode: You can prepare GSTR 1 offline and subsequently same can uploaded on GST portal subsequently. GSTR data can be prepared offline in any of following ways:
    1. Offline utility downloaded from GST portal.
    2. With the help of excel utility
    3. With the help of 3rd party vendor
    4. Through GSP

How to file GSTR 1:

Section Table no Details to be file
B2B 4A4B4C6B

6C

 Used for entering taxable outward supplies to registered person.
B2C Large 5A5B Used for entering inter-state taxable outward supplies to unregister dealer having invoice value > Rs 2.5 lacs.
Debit / Credit Note 9A9B 9A – Debit note / Credit note issued to registered dealer.9B – Debit note / credit note issued to unregistered dealer.
Export 6A Details of export supplies.
B2C others 7 Taxable supplies net of debit note and credit notes to unregistered dealer not cover in 5A and 5B.
Nil rated, Exempted and non GST supply 8A8B8C8D Details of Nil rated, Exempted and non GST supply.
Advance received 11A(1)11A(2) Advance received during the tax period.
Adjustment of advance 11B(1)11B(2) Advance received during earlier tax period being adjusted from  supplies in current tax period.
HSN wise summery 12 HSN wise summery
Other information 13 Details of any of the following documents issued:i.        Invoices for outward suppliesii.        Invoices for inward supplies from unregistered personiii.        Revised invoices

iv.        Debit notes

v.        Credit notes

vi.        Receipt voucher

vii.        Payment voucher

viii.        Refund voucher

ix.        Delivery challan for job work

x.        Delivery challan for supply on approval

xi.        Delivery challan in case of liquid gas

xii.        Delivery challan in cases other than by way of supply

 

Frequently Asked Question on GST – 4

 Frequently Asked Question on GST – 4  Uncategorized
Sep 012017
 

Registration as Tax Deductor at Source

1. Who needs to register under GST as a TDS ?

TDS stands for Tax Deducted at Source (TDS). All Governments, Government undertakings, Local Authorities and other notified entities making contractual payments in excess of INR 2.5 Lakhs to suppliers need to register as a TDS under GST. In the GST regime, while making such a payment in excess of INR 2.5 Lakhs, the concerned Governments, Government undertakings, Local Authorities and other notified entities needs to deduct 1% under CGST Act and 1% under SGST Act; In case of inter-state transactions, 2% (under IGST Act) of the total payable amount and remit it into the appropriate GST account. Credit of such GST payments will be given to the suppliers.

2. How can register as TDS or TCS?

The Registration Application for Tax Deductor/Tax Collector can be filed by the applicant directly by themselves. In GST regime, the registration process is online and any person/entity wishing to register will have to access the GST system for the same.

Any person who wish to get registered as the Tax Deductor/Tax Collector needs to apply in the form prescribed.

3. Are there any preconditions I must fulfill before registering with GST as a TDS or TCS?

The preconditions are:

1. For Registration as Tax Deductor: Applicant has valid PAN or TAN.

2. For Registration as Tax Collector: Applicant has valid PAN.

3. Applicant must have a valid mobile number.

4. Applicant must have valid E-mail ID.

5. Applicant must have the prescribed documents and information on all mandatory fields as required for registration.

6. Applicant must have a place of business.

7. Applicant must have an authorized signatory with valid details.

4. Do I get registered automatically after submitting the registration application along with the prescribed documents?

No, Your registration application will be processed and approved by the relevant Tax Officer, only then will you be issued the registration certificate and GSTIN.

Registration as Tax Collector at Source

1. Who needs to register under GST as a TCS?

TCS stands for Tax Collected at source. In the GST regime, every e-commerce operator needs to collect 1% under CGST Act and 1% under SGST Act; In case of inter-state transactions, 2% (under IGST Act) on the net values of taxable supplies made through the e-commerce operator.

2. How can register as TDS or TCS?

The Registration Application for Tax Deductor/Tax Collector can be filed by the applicant directly by themselves. In GST regime, the registration process is online and any person/entity wishing to register will have to access the GST system for the same.

Any person who wish to get registered as the Tax Deductor/Tax Collector needs to apply in the form prescribed.

3. Are there any preconditions I must fulfill before registering with GST as a TDS or TCS?

The preconditions are:

1. For Registration as Tax Deductor: Applicant has valid PAN or TAN.

2. For Registration as Tax Collector: Applicant has valid PAN.

3. Applicant must have a valid mobile number.

4. Applicant must have valid E-mail ID.

5. Applicant must have the prescribed documents and information on all mandatory fields as required for registration.

6. Applicant must have a place of business.

7. Applicant must have an authorized signatory with valid details.

4. Do I get registered automatically after submitting the registration application along with the prescribed documents?

No, Your registration application will be processed and approved by the relevant Tax Officer, only then will you be issued the registration certificate and GSTIN.

5. I am an e-commerce operator; registered as a TCS under GST regime. I supply goods to multiple states. Do I need to register in each state?

Yes, You need to register separately in each state and appoint a person in each state/UT who will be liable to pay GST.

Courtesy: https://www.gst.gov.in/

Frequently Asked Question on GST – 3

 Frequently Asked Question on GST – 3  Uncategorized
Aug 312017
 

General

1. I have activated my user ID but not completed part B of the application, but I received Provisional Registration Certificate, what I need to do?

Provisional Registration Certificate is issued based on activation at GST Portal, so that your business may not hamper. However, to obtain permanent Registration and GSTIN, you are required to complete all the parts of the application and file it with your DSC/ E-Signature or EVC as the case maybe. Signing of application with Digital Signature or e-signing or EVC can only be done by the authorized signatories. Final Registration Certificate will be issued after approval of the proper officer if you have submitted and electronically verified enrolment form with complete details.

2. I have wrongly mentioned additional place of business, /registration details how this can be addressed?

You can update/correct all the information related to additional place of business, bank account, or registration details given in the application through the process of amendment.

3. I have furnished incorrect jurisdiction how can I correct the same?

It will be updated by the concerned officers at the time of processing your application. Your latest updates will be visible on the dashboard.

SEZ Unit / SEZ Developer

1. I am a SEZ unit or SEZ Developer and not registered under VAT or Central Excise. How will I get registered under GST?

SEZ developers and Units are required to be identified as such in GST and required to be registered a fresh. You need to apply for a new registration as separate vertical under GST. You need to select SEZ Unit or SEZ developer in the reason for registration. You are also required to upload the necessary certificate /documents issued by Government of India in the principal place of business tab to substantiate the claim.

2. I am a SEZ unit / SEZ Developer and have taken VAT registration /Central Excise Registration. I have migrated under GST against the VAT/ Central Excise Registration. Can I get benefits of SEZ Unit/SEZ Developer under GST?

Since you have migrated as VAT/Central Excise or Service tax registrant, whereas, you need to register with the Entity of SEZ Developer or SEZ Unit. Therefore, you need to update your information through the amendment on the GST Portal. You need to select reason for registration as SEZ Unit/ SEZ developer and also required to upload necessary document issued by the Government of India in this behalf.

3. I have migrated as normal taxpayer and also have a SEZ unit which is my additional place of business. I have declared the same in the enrolment application also. What should I do under GST?

You need to apply for a new registration as separate vertical under GST for your additional place of business i.e. the SEZ unit/ SEZ Developer, because SEZ has separate registration requirement under GST. You need to select SEZ Unit or SEZ developer in the reason for registration. You are also required to upload the necessary certificate /documents issued by Government of India in the principal place of business tab to substantiate the claim.

Multiple Verticals

1. I have multiple verticals as per the GST law but only one registration is migrated in GST. When I will get my registrations for other verticals.

Multiple Business vertical in a state can be registered separately under GST. Accordingly, separate Provisional IDs have been generated and furnished for such entities based on the data provided by the States/Central Authorities. However, the business entities who have not received separate Provisional ID for different business verticals and have not yet migrated at GST Portal, may obtain registration through new Registration process, which has been started from 25th June, 2017.

2. Can I use same email, mobile and PAN combination for other verticals?

The combination of registered e-mail ID and Mobile Number of each registered business entity should be unique. You cannot use same email and mobile combination for the same PAN but different business verticals. You have to change at least one of the two.

3. Do I need to fill all information again while applying for the multiple verticals?

Yes, the details need to be filled again. Auto-population functionality for common fields against same PAN i.e. Legal Name, Constitution, Promoters and Partners details has not been enabled so far. It is advisable to fill same information for above fields for all registrations against the same PAN.

Frequently Asked Question on GST – 2

 Frequently Asked Question on GST – 2  Frequently Asked Question on GST, Uncategorized
Aug 302017
 

Business Details

1. I am unable to change my State. Why?

GST Registration is state-wise and since you have selected the state in PART A of the Registration Application, you cannot change it.

2. I don’t know my Ward/Circle/Sector No.

Please refer your state website, a tax return preparer (TRP), or your jurisdictional officer.

3. I don’t know my Center Jurisdiction.

Please refer to https://www.aces.gov.in/STASE/ui/jsp/common/statelocation.do

4. I want to/don’t want to Opt for Composition. How do I make sure my choice is exercised?

There is a YES/NO button to choose whether you wish to Opt for Composition or not. Please make the appropriate choice.

5. What is my Date of Commencement of Business?

The date of commencement of business is the day you officially started supplying/receiving goods and/or services.

Promoters/Partners

1. How many Promoters/Partners/Directors can I add in the application?

A maximum of 10 Promoters/Partners/Directors can be added in the Registration Application. On case of a Proprietor, there will be always only one Promoters/Partners/Director.

2. One (or more) of the Promoters/Partners/Directors is not an Indian National and does not have a PAN Card which is a mandatory field. How do I add his/her details?

For foreigners, passport details are mandatory and PAN details are optional. To facilitate the same, there is a YES/NO check-box that asks

Are you a citizen of India?

If you select NO, passport details will become mandatory and PAN details will become optional.

3. One (or more) of the Promoters/Partners/Directors does not have a residential address in India but an Indian residential address is mandatory. What do I do?

Residential address does not need to be in India.

4. Can more than one Promoters/Partners/Director be an Authorised Signatory?

Yes, you can add up to 10 authorised signatories.

5. Do I need to upload passport photographs of ALL the Promoters/Partners/Directors?

Yes, you need to upload passport photographs of all the Promoters/Partners/Directors whose details you are adding in the Registration Application. Further, each passport photograph must be in JPEG format and not more than 100 KB in size.

Authorised Signatory

1. Is it mandatory to select a Primary Authorised Signatory?

You cannot submit your New Registration Application without selecting a Primary Authorised Signatory.

2. How many Authorised Signatories can I add in the Registration Application?

A maximum of 10 authorised signatories can be added.

3. Details of the Authorised Signatory are already prefilled based on entries made in the previous section (Promoters/Partners) however I want to add more Authorised Signatories.

If you selected one or more Promoters/Partners/Directors as authorised signatories, their details will be auto populated in the Authorised Signatory section to avoid duplication of work by you. If you wish to add more authorised signatories, you can simply select the ADD NEW option available at the end of the page. You can also view the list of authorised signatories by clicking on SHOW LIST. Don’t forget, you can only add a maximum of 10 authorised signatories.

4. Can more than one Promoters/Partners/Director become the Primary Authorised Signatories?

No, you can have one and only one Primary Authorised Signatory.

5. Can I add company employees other than promoter/director/partner/proprietor as Authorised Signatories?

Yes, you can.

6. Do I need to upload photographs and Proof of Appointment of ALL the authorised signatories?

Yes.

Authorised Representative

1. I don’t need/want an Authorised Representative.

Authorised representatives are not mandatory. If you do not wish to add, you can simply click on SAVE & CONTINUE and move on to the next section

Principal Place of Business

1. My head office/corporate office, which I assume should be my Principal Place of Business, is in a different state but I am unable to change the state when filling in the Registration Application.

Principal place of business needs to be located within the state where you are applying for the new GST registration. Please enter the details of the first/existing place of business within the state where registration is sought.

Note: Principal place of business can be amended at a later date also.

2. There are fields for Latitude and Longitude in the Registration Application. What are they for?

This is an optional field and is there for the purpose of providing as a feature to add additional details of your place of business (principal or additional).

3. I don’t have an office e-mail address yet, can I give an alternate e-mail address now and update it later once it has been created?

Yes, you can.

4. My principal place of business is a co-working space. What should I select as Nature of Possession of Premises?

If your principal place of business is a co-working space, please select Shared as Nature of Possession of Premises unless you have a valid (registered) sub-let agreement with the provider of the co-working space.

5. I am performing multiple business activities at my principal place of business. Can I select more than one nature of business activity?

Yes, you can select any number of options from the given list as long as you select a minimum of one.

6. My Principal Place of Business was leased by my father/mother many years ago through pagdi system and he/she has since passed away so I don’t have a lease deed my name or in the name of my business. The landlord is also unwilling to register a fresh lease in my name. What should I do?

In this specific case, a bank statement with the business address will suffice.

Additional Places of Business

1. How many additional places of business can I add in the Registration Application?

Five Hundred.

2. I am unable to add additional places of business because the ADD NEW button is disabled.

Please press the BACK button and go back to the previous section (principal place of business). At the bottom of the page there is an option – Have Additional Places of Business with a YES/NO check-box. Select YES and click on SAVE & CONTINUE. Now you will be able to add the additional places of business.

3. Do I need to attach documentary proof of Nature of Possession of Premises for ALL the additional places of business?

No.

4. I am performing multiple business activities at one of my additional places of business. Can I select more than one nature of business activity for the same?

Yes, you can select any number of options from the given list as long as you select a minimum of one.

Goods and Services

1. Is it mandatory to provide HSN/SAC Codes?

You are required to provide a minimum of just one goods or service (one HSN or SAC code).

2. I supply multiple goods and/or services but the Registration Application allows specifying the top 5 goods and top 5 services. Does this mean I can only supply 5 goods and 5 services?

No, there is no limit to the number of goods you can supply or the number of services you can provide under a single registration.

3. Do I need to take an additional registration if I want to supply more than 5 goods and/or services?

No, you need not take an additional registration if you want to supply more than 5 goods and/or services.

4. I don’t know the HSN Code for any of the products I supply. What do I do?

The Goods and Services section of the new registration application has a built-in online utility that will help you select the HSN Code. For the Goods section, simply start typing the type of product under Search HSN Chapter by Name or Code and there will be a dropdown from which you can select the relevant chapter. Once you have selected the chapter, start typing in the Search HSN Code field and select the type of product. The HSN Code of the goods will be auto populated in the application. You can repeat the same if you want to enter details for more than one goods.

5. How do I search for SAC Codes?

The Goods and Services section of the new registration application has a built-in online utility that will help you select the SAC code. For the Services section, simply start typing the type of service and there will be a dropdown from which you can select the relevant service. Once you have selected the service, the SAC Code of the service will be auto populated in the application. You can repeat the same if you want to enter details for more than one service.

6. I am entering the name of the goods/service but the system is unable to find it.

Please make sure you type slowly. If the online utility can’t find the goods/service, simply move on to the next section if you have added at least one goods/service since there are more than 17000 codes and it may be difficult for you to find the exact code on your own. If you supply only one goods, please contact a tax professional or your jurisdictional officer.

If you provide a single service, you can refer to the CBEC website here (add link) to choose the appropriate SAC since there are only 127.

Bank Accounts

1. Is it mandatory to add a bank account?

Yes, you need to add at least one bank account.

2. How many bank accounts can I add?

You can add a maximum of 10 bank accounts.

3. My business bank account is not open yet. Can I add an alternate bank account?

Yes, you can add your personal bank account and update it once your business bank account is open.

4. What document can I upload as a supporting document for proof of bank account?

You can provide your monthly bank statement or the first page of your passbook.

5. I don’t know my branch’s IFSC Code. Where can I find it?

There is an online utility provided in the application in the Bank Accounts section to help you find your branch’s IFSC Code. Look for ‘Click here to find your bank’ and click on ‘here’.

6. I cannot see my bank’s branch in the online utility provided. Is there any other way to find the IFSC Code?

Your branch IFSC code is also mentioned in the account’s cheque book on every cheque.

State Specific Information

1. Is it mandatory to enter State Specific Information?

No, it is not mandatory if you do not have any of the requested registrations.

2. If I have one or more of the requested registrations, is it then mandatory to fill in the State Specific Information?

While the system will permit you to move to the next section since it is an optional field, you are strongly advised to fill any such details to ensure you can comply with the self-verification before submitting your application.

Verification and Submission

1. I am applying for registration in State X but my physical location is State Y. Which location should I mention in Place in the Verification section of the new registration application form?

You need to mention your physical location (City/Town/Village and State)

2. Buttons other than SUBMIT WITH DSC are disabled?

Please note DSC is mandatory for (i) Public Limited Company, (ii) Private Limited Company, (iii) Unlimited Company; (iv) Foreign Company; (v) LLP; (vi) Foreign LLP; (vii) Public Sector Undertaking. In such cases, all other modes of submission will be disabled by the system.

3. My business is not a Company or an LLP. Can I still submit my new registration application with a DSC?

Yes, anyone can submit their registration application using a DSC provided it is an un-expired and unrevoked, PAN-based Class II or Class III DSC.

4. The options to SUBMIT WITH DSC and SUBMIT WITH E-SIGN are both disabled even though I have selected the Authorised Signatory and Place?

Have you checked the check-box under Verification? If not, please do.

5. I have opted to SUBMIT with E-SIGN but I am not getting the OTP despite multiple attempts. What should I do?

This happens in case your current mobile number is different from the number registered with Aadhaar authority (UIDAI). Since E-Sign uses UIDAI data for authentication, the OTP will only go to the mobile number registered with UIDAI.

In such a case, you will have to update your mobile number with UIDAI or use the SUBMIT WITH DSC option.

6. I have submitted my registration application successfully and I have received an Acknowledge Reference Number (ARN). Now what?

You will receive a response from the tax authorities within 3 common working days on the status of your application. It will either be approved or the assessing officer will raise a Notice Seeking Clarification in case they have any queries w.r.t. the application and/or documents provided. Either way, it will be communicated to you via e-mail.

7. Can the Tax Official reject my Registration application?

Your application cannot be rejected after the first assessment as principle of natural justice mandates that the you get an opportunity to be heard, hence, the Tax Official may only raise a Notice Seeking Clarification to provide you with the said opportunity. If your response is satisfactory, your application will be approved. If you provide an unsatisfactory response or fail to respond, your application will be rejected. You have seven (7) working days within which to respond to the Notice Seeking Clarification.

Courtesy: https://www.gst.gov.in

Creation, Submission, Payment of Taxes & Filing of GSTR-3B Return

 Creation, Submission, Payment of Taxes & Filing of GSTR-3B Return  Uncategorized
Aug 222017
 

Creation, Submission, Payment of Taxes & Filing of GSTR-3B Return

How can I create, submit, pay taxes and file GSTR-3B return?

A normal taxpayer is required to file Form GSTR 1 & 2, GSTR 3 return for every tax period. In case of extension of due dates for filing of GSTR 1 and GSTR 2, GSTR-3B needs to be filed by them (in addition to the GSTR 3 return), as and when notified by the government.

Note:

  • Taxpayer has to submit GSTR-3B even if there is no business activity (Nil Return).
  • Mismatch report will not be generated based on GSTR-3B rather the same will be generated only after filing of GSTR-1, 2 and 3 for the applicable tax period.
  • Amendment of GSTR-3B is not allowed.

To create, submit, pay taxes and file GSTR-3B return, perform the following steps:

  1. Login and Navigate to GSTR-3B – Monthly Return page
  2. Enter Details in Section – 3.1 Tax on outward and reverse charge inward supplies
  3. Enter Details in Section – 3.2 Inter-state supplies
  4. Enter ITC Details in Section – 4. Eligible ITC
  5. Enter Details in Section – 5. Exempt, nil and Non GST inward supplies
  6. Enter Details in Section – 5.1 Interest and Late Fee
  7. Submit and Save GSTR-3B
  8. Enter Payment Details in Section – 6. Payment of Tax
  9. File GSTR-3B

Login and Navigate to GSTR-3B – Monthly Return page

  1. Access the www.gst.gov.in URL. The GST Home page is displayed.
  2. Login to the GST Portal with valid credentials.
  3. Click the Services > Returns > Returns Dashboard command.

  1. The File Returns page is displayed. Select the Financial Year & Return Filing Period (Month) for which you want to file the return from the drop-down list.
  2. Click the SEARCH button.

  1. The File Returns page is displayed. This page displays the due date of filing the returns, which the taxpayer is required to file using separate tiles.

In the GSTR-3B tile, click the PREPARE ONLINE button.

Note: The due date for filing GSTR-3B is displayed on this page.

The GSTR-3B – Monthly Return page is displayed.

There will be several tiles representing Tables to enter relevant details. Click on the tile names to provide requisite details, for the relevant tax period:

3.1 Tax on outward and reverse charge inward supplies: To provide summary details of outward supplies and inward supplies liable to reverse charge and tax liability thereon.

3.2 Inter-state supplies: To provide details of inter-state supplies made to unregistered persons, composition taxable persons and UIN holders and tax thereon.

  1. Eligible ITC : To provide summary details of Eligible ITC claimed, ITC Reversals and Ineligible ITC.
  2. Exempt, nil and Non GST inward supplies: To provide summary details of exempt, nil and Non GST inward supplies.

5.1 Interest and Late Fee: To provide summary details of Interest and Late fee payable.

  1. Payment of Tax: To provide details of payment of taxes, interest and late fee.

Enter Details in Section – 3.1 Tax on outward and reverse charge inward supplies

To provide details of outward supplies and inward supplies liable to reverse charge, perform the following steps:

  1. Click the 3.1 Tax on outward and reverse charge inward supplies tile.

  1. Enter the Total Taxable value, Integrated Tax, Central Tax, State/UT Tax and Cess under respective nature of supplies column. In case of other outward supplies (Nil Rated, exempted ) and Non-GST outward supplies, the total taxable value imply the total values of such supplies, excluding taxes.
  2. Click the CONFIRM button.

You will be directed to the GSTR-3B landing page and the 3.1 Tax on outward and reverse charge inward supplies tile in GSTR-3B will reflect the added data in a summary form. The taxpayer is advised to click on SAVE GSTR-3B button at the bottom to save the data in the GST system, if he wants to exit at this stage and come back later to complete the filing.

.Enter Details in Section – 3.2 Inter-state supplies

To provide details of inter-state supplies made to unregistered persons, composition taxable persons and UIN holders and taxes thereon, perform the following steps:

  1. Click the 3.2 Inter-State supplies tile.

Supplies made to Unregistered Persons

  1. In the section Supplies made to Unregistered Persons, from the Place of Supply (State/UT) drop-down list, select the place of supply.
  2. In the Total Taxable Value field, enter the total taxable value for each State/UT.
  3. In the Amount of Integrated Tax field, enter the amount of integrated tax. Please ensure that the integrated tax amount provided here do not exceed the integrated tax liability declared at (a) row in Table-3.1. Only integrated tax amount has to be declared, cess amount is not required to be mentioned.
  4. Click the ADD button to provide details of such supplies for another state.

Note: Select the checkbox and click the REMOVE button to remove the data added. The system will accept only one entry for each place of supply. The details of tax paid on exports may not be entered here.

Supplies made to Composition Taxable Persons

  1. In the section Supplies made to Composition Taxable Persons , from the Place of Supply (State/UT) drop-down list, select the place of supply.
  2. In the Total Taxable Value field, enter the total taxable value for each State/UT.
  3. In the Amount of Integrated Tax field, enter the amount of integrated tax. Please ensure that the integrated tax amount provided here do not exceed the integrated tax liability declared at (a) row in Table-3.1. Only integrated tax amount has to be declared, cess amount is not required to be mentioned.
  4. Click the ADD button to provide details of such supplies for another state.

Note: Select the checkbox and click the REMOVE button if you want to remove the data added. The system will accept only one entry for each place of supply. The details of tax paid on exports may not be entered here. The information regarding supplies to composition taxable persons has to be based on the information available with the taxpayer.

Supplies made to UIN holders

  1. In the section Supplies made to UIN holders, from the Place of Supply (State/UT) drop-down list, select the place of supply.
  2. In the Total Taxable Value field, enter the total taxable value for each State/UT.
  3. In the Amount of Integrated Tax field, enter the amount of integrated tax. Please ensure that the integrated tax amount provided here do not exceed the integrated tax liability declared at (a) row in Table-3.1. Only integrated tax amount has to be declared, cess amount is not required to be mentioned.
  4. Click the ADD button to provide details of such supplies for another state.

Note: Select the checkbox and click the REMOVE button to remove the data added. The system will accept only one entry for each place of supply. The details of tax paid on exports may not be entered here. The information regarding supplies to UIN holders has to be based on the information available with the taxpayer.

  1. Once all details are added, click the CONFIRM button.

You will be directed to the GSTR-3B landing page and the 3.2 Inter-State supplies tile in GSTR-3B will reflect the total of taxable value and integrated tax as declared in the details table. The taxpayer is advised to click on SAVE GSTR-3B button at the bottom to save the data in the GST system, if he wants to exit at this stage and come back later to complete the Return filing process.

Enter ITC Details in Section – 4. Eligible ITC

To provide details of eligible ITC claimed, perform the following steps:

  1. Click the 4. Eligible ITC tile.

  1. Enter the Integrated Tax, Central Tax, State/UT Tax and Cess vales under respective ITC claimed/ ITC reversed/ Ineligible ITC heads.
  2. Click the CONFIRM button.

You will be directed to the GSTR-3B landing page and the 4. Eligible ITC tile in GSTR-3B will reflect the total value of Integrated Tax, Central Tax, State/UT Tax and Cess net ITCs. The taxpayer is advised to click on SAVE GSTR-3B button at the bottom to save the data in the GST system, if he wants to exit at this stage and come back later to complete the filing.

Enter Details in Section – 5. Exempt, nil and Non GST inward supplies

To add values of exempt, Nil and Non GST inward supplies, perform the following steps:

  1. Click the 5. Exempt, nil and Non GST inward supplies tile.

  1. Enter the Inter-state and Intra-state supplies under respective Nature of Supplies head.
  2. Click the CONFIRM button.

You will be directed to the GSTR-3B landing page and the 5. Exempt, nil and Non GST inward supplies tile in GSTR-3B will reflect the total value of Inter-state and Intra-state supplies. The taxpayer is advised to click on SAVE GSTR-3B button at the bottom to save the data in the GST system, if he wants to exit at this stage and come back later to complete the filing.

Enter Details in Section – 5.1 Interest and Late Fee

To add details of the Interest and Late fee payable, perform the following steps:

  1. Click the 5.1 Interest and Late Fee tile.

  1. Enter the Integrated Tax, Central Tax, State/UT Tax and Cess under Interest and Late fee heads. The late fee would be system computed based on the number of days elapsed after the due date of filing.
  2. Click the CONFIRM button.

You will be directed to the GSTR-3B landing page and the 5.1 Interest and Late Fee tile in GSTR-3B total value of Integrated Tax, Central Tax, State/UT Tax and Cess. The taxpayer is advised to click on SAVE GSTR-3B button at the bottom to save the data in the GST system, if he wants to exit at this stage and come back later to complete the filing.

  1. Once all details are added, click the SAVE GSTR-3B button at the bottom of the page to save the GSTR-3B details.

A success message is displayed on the top of the page that the data has been added successfully. The taxpayer is advised to save if he wants to exit after partially entering the data. Once all the details are saved, SUBMIT button at the bottom of the page is enabled.

Submit and Save GSTR-3B

  1. Scroll down the page and click the SUBMIT button to submit the GSTR-3B.

  1. A success message is displayed at the top of the page that the GSTR-3B is submitted successfully. Once you submit the data, data is frozen and you cannot change any fields in this return. The ITC and Liability ledger will get updated on submission.

Status of the GSRT3B is changed to Submitted.

Note: Scroll down the page. The “Payment of Tax” tile is enabled only after successful submission of the return.

Enter Payment Details in Section – 6. Payment of Tax

To pay the taxes and offset the liability, perform the following steps:

  1. Click the 6. Payment of Tax tile.

Note: Tax liabilities as declared in the return along with the credits gets updated in the ledgers and reflected in the “Tax payable” column of the payment section. Credits get updated in the credit ledger and the updated balance is available and can be seen while hovering on the said headings of credit in the payment section.

  1. Click the CHECK BALANCE button to view the balance available for credit under Integrated Tax, Central Tax, State Tax and Cess. The functionality enables the taxpayers to check the balance before making the payment for the respective minor heads.

The Check Balance page is displayed. The page lists the minor head wise balance available as ITC and Cash Balance. Click the OK button to go back to previous page.

  1. Please provide the amount of credit to be utilized from the respective available credit heads to pay off the liabilities, so as the cash.

Note: If there is no/ less balance in Electronic Cash Ledger, create Challan make payment to update the balance in Electronic Cash Ledger. Click here to refer the FAQs and User Manual on Making Payment.

 

While providing the inputs please ensure the utilization principles for credit are well adhered otherwise system won’t allow for offset of liability.

  1. Click the OFFSET LIABILITY button to pay off the liabilities.

A confirmation message is displayed. Click the OK button.

 

File GSTR-3B

  1. Select the checkbox for declaration.
  2. From the Authorised Signatory drop-down list, select the authorized signatory.
  3. Click the FILE GSTR-3B WITH DSC or FILE GSTR-3B WITH EVC button.

FILE GSTR-3B WITH DSC:

a. Click the PROCEED button.

b. Select the certificate and click the SIGN button.

FILE GSTR-3B WITH EVC:

  1. Enter the OTP sent on email and mobile number of the Authorized Signatory registered at the GST Portal and click the VALIDATE OTP button.

 

  1. The success message is displayed. Click the OK button.

  1. Scroll down the page and click the Back button.

  1. The File Returns page is displayed. Select the Financial Year & Return Filing Period (Month) for which you want to view the return from the drop-down list.
  2. Click the SEARCH button.

Status of the GSTR-3B return changes to “Filed”. You can click the VIEW GSRT3B button to view the GSRT3B return.

Courtesy: https://www.gst.gov.in/

 

Registration of GST Practitioner

 Registration of GST Practitioner  Uncategorized
Aug 212017
 

Registration of GST Practitioner

1. Who is a GST Practitioner?

GST Practitioner is a tax professional who can prepare returns and perform other activities on the basis of the information furnished to him by a taxable person. However, the legal responsibility of such filings remains with the Taxpayer. For this purpose, GST Practitioners (GSTP) are required to be enrolled with Centre or State Authority. CA, CS, CMA, Advocates, Retired Government Officials, and Graduates are eligible to apply for registration. In addition, GSTPs can be appointed Authorized Representatives who can act on the behalf of the taxpayers and represent them before tax authorities.

2. Can I file Returns for my client if I am not registered?

It is recommended that you register as a GST Practitioner at the GST Portal.

3. Are there any preconditions before I can enroll on the GST Portal as a GST Practitioner?

A GST Practitioner must fulfill the following conditions he/she can enroll on the GST Portal:

1. Applicant must have a valid PAN Card

2. Applicant must have a valid mobile number

3. Applicant must have a valid e-mail ID

4. Professional address

5. Applicant must have the prescribed documents and information on all mandatory fields as required for Enrolment

6. Applicant must fulfill the eligibility criteria of GST Practitioner.

4. What are the eligibility criteria an applicant must fulfill for becoming a GST Practitioner/enrolling on the GST Portal as a GST Practitioner?

  • Chartered Accountant holding COP
  • Chartered Accountant without COP
  • Company Secretary holding COP
  • Company Secretary without COP
  • Cost and Management Accountant holding COP
  • Cost and Management Accountant without COP
  • Advocate
  • Graduate or Postgraduate degree in Commerce
  • Graduate or Postgraduate degree in Banking
  • Graduate or Postgraduate degree in Business Administration
  • Graduate or Postgraduate degree in Business Management
  • Degree examination of any recognized Foreign University recognized by any Indian University as equivalent to degree examination
  • Retired Government Officials

5. I started to fill the Registration Application for GST Practitioner but was not able to complete it. Can I save my Registration Application?

Yes, you can save your Registration Application up to 15 days from the day your TRN was generated upon successful submission of PART- A of the Registration Application.

6. What do I do after submitting my Registration Application?

The Registration Application submitted by you will be processed by Tax Officer. Once your Registration Application is approved by the concerned Tax Official, your GSTP ID will be generated by the system along with a temporary password for first-time login and the same will be communicated to your registered e-mail address. ARN status will also be changed to ‘Approved’. Enrolment Certificate will be available at the Dashboard of the GSTP for view, print and download.

In case of rejection, Rejection Order will get generated and communicated to you. ARN status will be changed to ‘Rejected’. Intimation of Rejection will be sent to the applicant who filed the application for the enrolment of GSTP via email and SMS on his registered email address and mobile number respectively. Rejection Order will be available at the Dashboard of the GSTP for view, print and download

7. Do I need to register separately in each State and Union Territory?

Single Enrolment shall be sufficient for practicing on all India basis. No separate registrations are required for other States or Centre. However, the you are free to apply for another registration in other state if you have a Profession Address in that state.

Courtesy: https://www.gst.gov.in

Due dates for the Month of June 2017

 Due dates for the Month of June 2017  Uncategorized
Jun 062017
 

Due dates for the Month of June 2017
5th
 Service Tax
– Service Tax payments by Companies for May
Central Excise#
– Duty Payment for all Assessees other than SSI Units for May
7th
 Income Tax
– TDS Payment for May
10th
 Central Excise
– Monthly Return in Form ER-1 (Ann-12) for other than units availing SSI exemption for May
– Monthly Return in Form ER-2 (Ann-13) by 100% EOUs for May
– Exports – Procurement of specified goods from EOU for use in manufacture of Export goods in Form Ann-17B for DTA units, procuring specified goods from EOU for manufacture of export goods.
– Proof of Exports in Form Ann.-19, once in a month for all exporters, exporting goods under Bond
– Export details in Form Ann.-20, for Manufacturing following simplified export procedure.
– Removal of excisable goods at concessional rate in Form Ann. -46 for Manufacturers receiving the excisable goods for specified use at concessional rate of duty in terms of Rules described in Col. 4.
15th
 Income Tax
– Advance Income Tax – All Assessees
15th
 Provident Fund
– PF Payment for May
21st
 ESIC
– ESIC Payment for May
MVAT
– MVAT Monthly Payment & Return for May
30th
 Profession Tax
– Monthly Return (covering salary paid for the preceding month) (Tax Rs. 50,000 or more)
– Professional Tax (Enrollment) payment for the FY-2017-18
Central Excise
– Particulars relating to clearances, electricity load etc., in Form Ann.-4 exceeding the limit of Rs. 90 lakhs of exempted clearances for small scale units availing exemption and whose turnover exceeds or has exceeded Rs. 90 lakhs in a financial year, as the case may be.
# If Excise duty / Service tax paid electronically through internet banking, the date is to be reconed as 6th instead of 5th
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