GST Practical 1-39
GST Practical 1-39
Direct Tax:
Direct Tax is levied directly on individuals and corporate entities. This tax
cannot be transferred or borne by anybody else. Examples of direct tax
include income tax, wealth tax, gift tax, capital gains tax.
Income tax is the most popular tax within this section. Levied on individuals
on the income earned with different tax slabs for income levels. The term
‘individuals’ includes individuals, Hindu Undivided Family (HUF), Company,
firm, Co-operative Societies, Trusts.
Indirect Tax:
Indirect taxes are taxes which are indirectly levied on the public through
goods and services. The sellers of the goods and services collect the tax
which is then collected by the government bodies.
Value Added Tax (VAT)– A sales tax levied on goods sold in the
state. The rate depends on the government.
Octroi Tax– Levied on goods which move from one state to another.
The rates depend on the state governments.
Service Tax– Government levies the tax on service providers.
Customs Duty– It is a tax levied on anything which is imported into
India from a foreign nation.
Value added tax (VAT) is a type of tax that is applied to the goods or
services produced. It is a form of an informal tax that is also known as a
multi-stage tax. The government implements this tax for the betterment of
services that are provided to the residents. With this additional source of
finance, the government will be able to provide better services to the
people. The VAT is applied on all the goods that are produced in the
companies that are registered with VAT. It is the tax that is applied on every
step of production and the total amount is calculated after the completion
of the production process.
The difference between VAT and general sales tax:
A sales tax and VAT are both a type of consumption tax. For a layman, there
is no difference between the sales tax and the VAT. Some may also think
that there is no difference between the working of both taxes. However,
there is some key difference between both taxes. The sales tax is the one
that is imposed on the customers only at the final stage. VAT, on the other
hand, is imposed on each and every step of production. Moreover, VAT is
also applied on the imports of services and goods to ensure and maintain a
proper working of tax.
The preference is given to VAT instead of other sales taxes because, in VAT,
the business owners or the companies act as the tax collector for the
government. It is a more sophisticated form of tax.
There are various taxes that have to pay at every stage and differently
collected by State and Central Government and rates differ from one
state to another. If we talk about GST, it will unified whole nation and
taxes will be divided among Central and State Government, which will
make easier to provide services and goods across country, as no more
additional state taxes will be imposed.
Imposing several taxes on goods and services can lead to high cost and
inefficient tax structure which can subject to shirking and revenue
disclosures. The need for GST in Indian Taxation System will add value at
each stage and will set off the rates both at state and at central level.
Introducing GST, will increase the efficiency of taxation, improves the
economic growth and it will bring whole nation to one national market.
Following are some of the points that can easily explain the need
for GST:-
Tax Structure will be Simple: – At present, there are huge number of
taxes that has to pay by consumers, with GST it will single tax to pay,
which is much easier to understand. For businesses, accounting
complexities will reduce and results less paperwork, which will save both
time and money. GST will increase economic GDP by 2%-2.5%.
Tax revenue will increase: Simple tax structure will bring more tax
payers and in return it will be revenue for government.
Competitive pricing: What GST will do? Well, it will eliminate all other
taxes of indirect taxes and this will effectively mean that tax amount
paid by end users (consumers) will reduce. As in Economics, lower will
the prices, more will be demand for that product, results in more
consumption of goods, which will be benefited to companies.
To be able to make the most of the new indirect taxation law, taxpayers need to
understand it’s components well.
The GST Council which was set up by the Central Government to execute GST
implementation has proposed a new tax framework-structure for GST.
First and foremost, GST represents a "One Nation, One tax" outlook, which is
necessary to do away with multi-tax regimes that lead to inefficiencies such as
cascading taxes, levy of excise at the point of manufacturing and lack of
uniformity in tax levies. Currently, Goods and Services are taxed under various
disparate tax categories such as Excise Duty, VAT or Central Sales Tax, Service
Tax (in the case of services dispensed) and Customs Duty (for imports). Some of
these taxes are levied by the central government, and others by the state
government. A unified approach – GST – will help do away with these
Complexities by enabling a single tax regime right from manufacturer to
consumer. It is important to know that GST is a destination-based tax i.e., the tax is
credited to the taxation authority whose jurisdiction prevails at the place of
consumption (also called the place of supply). Moreover, GST will be levied on
value-addition, by allowing for input tax credit at each stage of the transaction
chain.
Taxes subsumed under GST :
The following are the disparate taxes (levied by the Centre and States) which will
be subsumed under the new dual-GST regime.
A) Taxes currently levied and collected by the Centre :
✧ Central Excise Duty.
✧ Duties of Excise. (Medicinal and Toilet Preparations)
✧ Additional Duties of Excise. (Goods of Special Importance)
✧ Additional Duties of Excise. (Textiles and Textile Products)
✧ Additional Duties of Customs. (commonly known as CVD)
✧ Special Additional Duty of Customs. (SAD)
✧ Service Tax.
✧ Central Surcharges and Cesses so far as they relate to supply of goods and
services.
B) Taxes currently levied and collected by the States :
✧ State VAT
✧ Central Sales Tax, Entry Tax (all forms)
✧ Entertainment and Amusement Tax (except when levied by the local bodies)
✧ Taxes on advertisements
✧ Purchase tax
✧ Taxes on lotteries, betting and gambling
✧ State Surcharges and Cesses so far as they relate to supply of goods and
services.
The taxes to be subsumed were decided after intense debate and consideration of
some core principles that were in line with the GST ethos. Each tax was first
examined to ensure it qualified for indirect taxation and was related to the supply
of goods or services. Moreover, a tax which was to be subsumed needed to be part
of the transaction chain right from imports through manufacturing to the provision
of services and the consumption of goods and services. Another important criteria
to allow a tax to be subsumed was that the sub summation should lead to free flow
of tax credit at Intra-and Inter-State levels. Also, the revenue considerations of
both the Centre and the State were taken into perspective while arriving at the final
list of subsumed taxes.
The GST is about to bring the Indian marketplace into the foray of a
single unified tax system – the largest tax reform that the nation has
witnessed since independence. The aim of the GST is to subsume all
the existing taxes into a single tax for bringing about ease of credit
flow across the nation (interstate), and across the supply chain – right
from the manufacturer to the consumer. Additionally, with the advent
of the GST, concepts such as manufacture, trade and service provisions
become irrelevant as supply becomes the taxable event.
It may also be noted that funds for seasonal businesses are blocked
for long periods of time as the sales mostly take place only during a
particular period in a year – additionally,GST is paid during the month
when the transfers are made from the branch however, the credit shall
only be utilized during the month when the actual sale takes place.
ITC Impact
Reduction in rate of availability of input VAT for goods or inputs
that are used for manufacturing of finished goods, which are then
transferred, with the reversal rate differing from one state to the
other.
Input VAT credit is mostly available at a rate of 4% excess of the tax
paid on the purchase of the goods. In case VAT is paid at 12.5 % for
the purchase of a textile bundle, then an excess of 4 % amounting
to 8.5% shall be permitted as input VAT credit. This 4% will further
be reversed. When such input tax credit is reversed, it is added to
the main product cost and leads to a cascading effect.
Let us consider the following example, under the current tax regime
–
VAT
GST
CGST 9% 900
SGST 9% 900
CGST 9% 900
SGST 9% 900
CGST 9% 900
SGST 9% 900
Under the GST regime, the value of a transaction is based on the value
of the GST levied on the goods. Where a stock transfer is in question,
the value of the transaction cannot be used to determine the tax levy
as such transfer is made in the absence of a consideration. The
determination of tax still remains a complicated matter under the GST
as the tax to be imposed is expected to be valued on the basis of
goods grouped together on the basis of factors such as their qualities,
likenes etc. shall enable the business to decide the cost of production
and the profit on the product.
Finalizing of the GST laws and rules are awaited in order to shed light
and clarity on these aspects.
Since interstate transactions under the GST allow for seamless flow of
input tax credit, businesses are not required to open branches in all
the states in which they operate, for statutory reasons. Branches or
units under the GST are now only required if it is viable for the
business in terms of its commercial operations. This helps a business
to cut down costs incurred on opening branches, enables better
planning and preparation, and more importantly, reduces the high
volume of branch transfers.
7. What are the exclusive products not included in the purview of GST.
Why?
There are certain activities which are items not covered under GST. They
are beyond the scope of GST, i.e., GST will not apply on them. These are
classified under Schedule III of the GST Act as “Neither goods nor
services”.
1.Services by an employee to the employer in relation to his
employment
Related parties include employer-employee which raised many concerns
whether employment now attracted GST. This clarification has been
brought in to clarify whether GST is not applicable on employment. An
employee will still pay income tax on salary earned.
2. Court/Tribunal Services including District Court, High Court and
Supreme Court
Courts will not charge GST to pass judgement.
3. Duties performed by:
1. Petroleum products
2. Alcohol
11. When GST council was notified and what is its composition.
As provided for in Article 279A of the Constitution, the Goods and Services Tax
Council (the Council) was notified with effect from 12th September, 2016. The
Council is comprised of the Union Finance Minister (who will be the Chairman of
the Council), the Minister of State (Revenue) and the State Finance/Taxation
Ministers as members. It shall make recommendations to the Union and the States
on the following issues:
a) the taxes, cesses and surcharges levied by the Centre, the States and the local
bodies which may be subsumed under GST;
b) the goods and services that may be subjected to or exempted from the GST;
c) model GST laws, principles of levy, apportionment of IGST and the principles
that govern the place of supply;
d) the threshold limit of turnover below which the goods and services may be
exempted from GST;
f) any special rate or rates for a specified period to raise additional resources
during any natural calamity or disaster;
g) special provision with respect to the North- East States, J&K, Himachal Pradesh
and Uttarakhand; and
h) any other matter relating to the GST, as the Council may decide.
b) the votes of all the State Governments taken together shall have a weightage of
two-thirds of the total votes cast, in that meeting.
Concurrent dual model of GST: India has adopted dual GST model because of
its unique federal nature. Under this model, tax is levied concurrently by the Centre
as well as the States on a common base, i.e. supply of goods or services or both.
GST to be levied by the Centre would be called Central GST (Central tax / CGST)
and that to be levied by the States would be called State GST (State Tax / SGST).
State GST (State Tax / SGST) would be called UTGST (Union territory tax) in
Union Territories without legislature. CGST & SGST / UTGST shall be levied on
all taxable intra-State supplies.
c) No refund claim in exporting State, as ITC is used up while paying the tax.
d) Self-monitoring model.
Tax Rates: Owing to unique Indian socio-economic milieu, four rates namely 5%,
12%, 18% and 28% have been adopted. Besides, some goods and services are
exempt also. Rate for precious metals is an exception to ‘four-tax slab-rule’ and
the same has been fixed at 3%.
13. What are the laws supporting the levy of GST. Explain with
examples or rules.
Contrary to the general perception amongst many quarters that this Bill
itself is a GST Bill, let it be very clearly understood that this is not a GST
Bill. In fact, GST Bill is not in sight at all at this point in time. What has been
introduced is only the Constitutional Amendment Bill enabling or
empowering the union Government to levy a tax to be called GST which it
cannot levy under the present Constitution. The Bill on passage would
enable the Central Government and the State Governments to levy GST.
This tax (GST) shall be levied concurrently by various states as well as
Union Government. Once this is passed by two-third majority in the
Parliament, atleast 50 per cent of the states will have to pass it. Once this
amendment is through, the road will be clear for GST Bill (and then Act),
given the political will. Eventually, we will then have the following taxes –
National level GST [Central GST (CGST) and Inter-state GST (IGST)]
State Level GST (SGST)
Salient Features of Constitution (One Hundred And Twenty-Second
Amendment) Bill, 2014
The Constitution (One Hundred and Twenty-Second Amendment) Bill,
2014 was introduced in the Lok Sabha on December 19, 2014. The
following is the gist of amendments proposed by this Bill:
1. The Bill seeks to amend the Constitution to introduce the goods and services tax
(GST). Consequently, the GST subsumes various central indirect taxes
including the Central Excise Duty, Additional Excise Duties, Service Tax,
Additional Customs Duty (CVD) and Special Additional Duty of Customs
(SAD), etc. It also subsumes state Value Added Tax (VAT)/Sales Tax, Central
Sales Tax, Entertainment Tax, Octroi and Entry Tax, Purchase Tax and Luxury
Tax, etc.
2. Concurrent powers for GST: The Bill inserts a new Article 246A in the
Constitution to give the central and state governments the concurrent power to
make laws on the taxation of goods and services
3. Integrated GST (IGST): However, only the centre may levy and collect GST on
supplies in the course of inter-state trade or commerce. The tax collected would
be divided between the centre and the states in a manner to be provided by
Parliament, by law, on the recommendations of the GST Council.
4. GST Council: The President must constitute a Goods and Services Tax Council
within sixty days of this Act coming into force. The GST Council aim to
develop a harmonized national market of goods and services.
5. GST council examines issues relating to goods, services tax and make
recommendations to the Union, and the States on parameters like rates,
exemption list and threshold limits. The Council shall function under the
Chairmanship of the Union Finance Minister and will have the Union Minister
of State in charge of Revenue or Finance as member, along with the Minister
in-charge of Finance or Taxation or any other Minister nominated by each State
Government.
6. Composition of the GST Council: The GST Council is to comprise of the
following three members / class of members:
1. the Union Finance Minister (as Chairman),
2. the Union Minister of State in charge of Revenue or Finance, and
3. the Minister in charge of Finance or Taxation or any other, nominated by each
state government.
7. Functions of the GST Council: These include making recommendations on:
taxes, cess and surcharges levied by the centre, states and local bodies which
may be subsumed in the GST;
goods and services which may be subjected to or exempted from GST;
model GST laws, principles of levy, apportionment of IGST and principles
that govern the place of supply;
the threshold limit of turnover below which goods and services may be
exempted from GST;
rates including floor rates with bands of GST;
special rates to raise additional resources during any natural calamity;
special provision with respect to Arunachal Pradesh, Jammu and Kashmir,
Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal
Pradesh and Uttarakhand; and
Any other matters relating to the goods and services tax, as the Council may
decide.
8. The Goods and Service Tax Council shall recommend the date from which the
goods and service tax be levied on petroleum crude, high speed diesel, motor
spirit (commonly known as petrol), natural gas and aviation turbine fuel.
9. Resolution of disputes: The GST Council may decide upon the modalities for
the resolution of disputes arising out of its recommendations.
10.Restrictions on imposition of tax: The Constitution imposes certain restrictions
on states on the imposition of tax on the sale or purchase of goods. The Bill
amends this provision to restrict the imposition of tax on the supply of goods
and services and not on its sale.
Focus under GST is to arrive at such rates which would not decrease the
current revenue generation by Central & State government. Revenue
Neutral Rate (RNR) is a structure of different rates established in order to
match the current revenue generation with revenue under GST. RNR
calculation has to include the cascading effect on certain goods having no
excise or sales tax implications.
For example-: Wheat would get costlier due to RNR fixed for diesel being
higher than current tax rate even though wheat does not have any excise
or sales tax implications.
The government of India had appointed a committee which is headed by
Dr. Arvind Subramanian. Committee had released a detailed report on the
calculation of RNR and the tax structure. RNR is calculated by the
committee with three different approaches-:
Macro approach-:
15. What are the categories of Goods and Services for levying GST.
GST rate for Essential Goods and Services in India (Common Goods
and services)
Essential category of goods and services (common goods and services)
are charged lower GST rate of 5%. Essential goods and services
(Commonly used) are the goods and services for necessary items and
items under basic importance.
GST rate for Standard Goods and Services for GST in India
A major share of GST tax payers falls under this category of Standard
Goods and Services. There are two slabs of GST under standard goods
and services. Standard Goods and services fall under one slab attract 12%
GST and the items under 2nd slab attract 18% GST.
GST rate for Special category of Goods and Services in India.
A GST rate of 28% is levied at present against Goods and Services of
special category of Goods and Services. The luxury items also fall under
this special category of goods and services
GST rates categories at a glance:
Luxury items such as small cars , consumer durables like AC and Refrigerators, p
28%
cars, cigarettes and aerated drinks , High-end motorcycles are included here.
Though edible items like sugar, tea and coffee are included in the 5% slab,
milk does not attract any tax under the new GST regime. The idea behind
this is to ensure that basic food items are available for everyone but instant
food is kept out of this category.
No Tax
Apart from other items that enjoy zero GST tax rate, these are the
commodities added to the list after 11th June rate revision –
GST stands for Goods and Services Tax. It is classified into three
types:
Finance Minister Arun Jaitley said that the government wanted to keep the
GST rates close to the original rates. But there were differences in case of
some items because of the changes in the economy as well as customer
preferences. Some commodities were kept in the high tax bracket (18-28%)
but on scrutinizing the list, they found that these commodities should be
considered as necessities and not luxuries. This is why the GST rates were
revised for commodities such as notebooks, exercise books, spectacles
and lenses and some other items.
16. Briefly explain the important components of Supply.
Definition of ‘supply’ Under section 2(92) read with section 3 ‘supply’
includes all forms of supply of goods and/or services such as sale,
transfer, barter, exchange, licence, rental, lease or disposal made or
agreed to be made for a consideration by a person in the course or
furtherance of business. Schedule I specified the supply.
Analysis: Supply is the term replaced for the term sale; no scope has been
left for any confusion and the definition includes every term which shall be
coined as sale. Even the supply which is made or agreed to be made
without a consideration will also amount to sale.
Any transfer of title to goods is a supply of goods, transfer of right to use
goods [section 4(8) of APVAT Act, 2005], Hire purchase transactions,
transfer of business assets are also brought under the ambit of term
‘supply’ as per Schedule II.
1.Supply includes
(a)all forms of supply of goods and/or services such as sale, transfer,
barter, exchange, license, rental, lease or disposal made or agreed to be
made for a consideration by a person in the course or furtherance of
business,
(b) importation of service, whether or not for a consideration and whether or
not
in the course or furtherance of business, and
(c) a supply specified in Schedule I, made or agreed to be made without a
consideration
2.Schedule II, in respect of matters mentioned therein, shall apply for
determining what is, or is to be treated as a supply of goods or a supply of
services.
The GST law gives a limited option to certain categories of persons to avoid
registration
and thus avoid the tax liability lawfully. However, if one falls within the reach of
an extensive
list of statutorily prescribed criteria requiring compulsory registration, the supplier
must
get registered.
Persons Liable for GST Registration - Section 22 of the CGST Act :
a) State or UTs :
Every supplier of the goods or services or both needs to register in a State or a
Union
Territory, if his turnover exceeds _ 20 lakhs.
b) Special Category States :
In case of special category states namely AP, J & K, Assam, Nagaland, Mizoram,
Sikkim,
Uttarakhand, etc., the person shall be liable to be registered if his turnover exceeds
_ 10
lakhs.
c) Aggregate Turnover :
Means aggregate value of all taxable supplies, exempt supplies, Exports and inter-
State
supplies of persons having the same PAN but excludes taxes.
Persons Not Liable to be Registered – Section 23 of the CGST Act :
Following persons are not liable for registration.
a) Exempted Goods or Services :
Any person who is engaged exclusively in supply of those goods or services which
are
wholly exempted from tax or not liable to pay tax under CGST or under IGST Act.
b) An Agriculturist :
For those supply only which is produced out of cultivation of land.
c) Notified Person :
Furthermore, the government on the recommendation of the GST council may
issue
notification & specify special category of persons who are not liable for
registration.
Procedure for GST Registration :
a) Details to be furnished :
Before applying for registration process, person has to declare the following :
✧ PAN
✧ Mobile number
✧ E-mail address
✧ State or UT
In Part A of FORM GST REG-01 on the Common Portal, either directly or through
a
Facilitation Centre notified by Commissioner.
b) Reference Number :
On successful verification of the PAN, mobile number and e-mail, a temporary
reference
number shall be generated and communicated to the applicant.
c) Application :
Using the reference number, the applicant shall electronically submit an
application in
Part B of FORM GST REG-01, duly signed or verified through electronic
verification code
(EVC), along with documents specified in the form.
III B.Com., __Theory & Practice of GST 10
d) Specified Documents :
The following specified documents are required to be submitted along with the
application :
A. Documents required for Private Limited Company, Public Company
(limited company)/
One Person Company (OPC) :
i) Company documents :
✧ PAN card of the company
✧ Registration Certificate of the company
✧ Memorandum of Association (MOA)/Articles of Association (AOA)
✧ Copy of Bank Statement
✧ Declaration to comply with the provisions
✧ Copy of Board resolution.
ii) Director related documents :
✧ PAN and ID proof of directors.
iii) Registered Office documents :
✧ Copy of electricity bill/landline bill, water bill
✧ No objection certificate of the owner
✧ Rent agreement. (in case premises are rented)
B. Documents required for Normal Partnerships :
i) Partnership documents :
✧ PAN card of the Partnership
✧ Partnership Deed
✧ Copy of Bank Statement
✧ Declaration to comply with the provisions.
ii) Partner related documents :
✧ PAN and ID proof of designated partners.
iii) Registered Office documents :
✧ Copy of electricity bill/landline bill, water bill
✧ No objection certificate of the owner
✧ Rent agreement (in case premises are rented)
✧ Documents required for Sole proprietorship/Individual.
iv) Individual documents :
✧ PAN card and ID proof of the individual
✧ Copy of Cancelled cheque or bank statement
✧ Declaration to comply with the provisions.
v) Registered Office documents :
✧ Copy of electricity bill/landline bill, water bill
✧ No objection certificate of the owner
✧ Rent agreement. (in case premises are rented)
19. Ram Enterprises purchased goods from Shyam Enterprises. The goods were
supplied on 15/01/2018. Ram Enterprises paid an advance of Rs. 1,00,000 for
purchases on 10/01/2018. The invoice was raised on 30/01/2018. Explain with
respect to supply
Ans: Time of supply of services is earliest of :
1. Date of issue of invoice.
2. Date of receipt of advance/ payment.
3. Date of provision of services (if invoice is not issued within prescribed period).
In the above example, on Jan 10 the Advance was paid
On Jan 15, goods were supplied
On Jan 30, Invoice was issued.
Earliest of the above was, 10 th January, hence that was the Time of Supply.
20.Mr. Y was travelling from Hyderabad to Bengaluru on flight. During his journey
he purchased some books. Determine the incidence of tax. Identify place of
supply.
Ans. In the case of transport, origin place will be treated as place of supply. Hence
place of supply would be Hyderabad. And incidence of tax would be CGST and
SGST.
21. What is Composite supply and Mixed Supply. What is the rate of tax applied?
Composite supply means a supply made by a taxable person to a recipient and :
✧ Comprises two or more taxable supplies of goods or services or both, or any
combination
there of.
✧ Are naturally bundled and supplied in conjunction with each other, in the
ordinary
course of business.
This means that in a composite supply, goods or services or both are bundled
owing to
natural necessities. The elements in a composite supply are dependent on the
principal
supply.
A composite supply comprising of two or more supplies, one of which is a
principal supply,
shall be treated as a supply of such principal supply.
Example : when a consumer buys a refrigerator and he also gets warranty and a
maintenance contract with the manufacturer. This is a composite supply. In this
example
supply of Refrigerator is the principal supply, warranty and maintenance services
are
ancillary.
In the same manor, in a hotel you booked a Room for stay, and they offered
complimentary
breakfast, here Room is principal supply and breakfast is ancillary.
Principal Supply :
“Principal Supply” is the supply of goods or services which constitutes the
predominant
element of a composite supply and to which any other supply forming part of that
composite
supply is ancillary.
The concept of principal supply emerges only for the determination of composite
supply.
Tax liability will be the tax on the principal supply i.e., GST rate on the goods.
Goods and Service Tax (GST) is structured for efficient tax collection,
reduction in corruption, easy inter-state movement of goods and a lot more.
The GST Law provides for self-assessment to facilitate easy compliance
and payment of taxes. It also explains the notices, the demand
and recovery provisions when the taxes are unpaid, short paid and/or
returns are not filed.
1. Audits
Audit under GST is the examination of records maintained by a registered
dealer. The aim is to verify the correctness of information declared, taxes
paid and to assess the compliance with GST.
2. Assessment
Assessment under GST means the determination of tax liability under
GST. Assessment under GST has been divided into 5 types:
a. Self Assessment
Under GST, every registered taxable person shall assess the taxes
payable by them on their own, and furnish a return for each tax period. This
is called self-assessment.
b. Provisional Assessment
A registered dealer can request the officer for provisional assessment if he
is unable to determine the value of goods or rate of tax. The proper officer
can allow the assessee to pay tax on a provisional basis at a rate or a
value specified by him.
c. Scrutiny Assessment
A GST officer can scrutinize the return to verify its correctness. The officer
will ask for explanations on any discrepancies noticed in the returns.
d. Summary Assessment
Summary Assessment is done when the assessing officer comes across
sufficient grounds to believe any delay in showing a tax liability can harm
the interest of the revenue. To protect the interest of the revenue, he can
pass the summary assessment with the prior permission of the
additional/joint commissioner.
e. Best Judgement Assessment
1. Assessment of non-filers of returns
If a registered taxable person does not file his return even after getting a
notice, the proper officer will assess the tax liability to the best of his
judgment using the available relevant material.
2. Assessment of unregistered persons
This assessment is done when a taxable person fails to obtain registration
even though he is liable to do so.
The officer will assess the tax liability of such persons to the best of his
judgement. The taxable person will receive a show cause notice and an
opportunity of being heard.
4. Advance Ruling
Advance Ruling under GST means seeking clarifications from GST
authority on certain tax matters before starting the proposed activity. This
helps to reduce costly litigation.
An advance ruling is a written decision given by the tax authority to an
applicant on queries related to the supply of goods/services.
Regular Dealer
Composition Dealer
Tax Deductor
Input Service Distributor
UN Bodies / Embassies
Non-Resident Assessee
Temporary Registration
E-Commerce Dealer
24.What is the threshold limit for composite dealers & Registered dealers.
Composition Scheme:
Service providers
Inter-state sellers
E-commerce sellers
Supplier of non-taxable goods
Manufacturer of Notified goods.
NORMAL/REGULAR REGISTRATION:
The overall transaction volume of B2B is much higher than that of B2C
transactions. The primary reason for this is that in a typical supply chain there will
be many B2B transactions involving subcomponents or raw materials, and only
one B2C transaction, specifically sale of the finished product to the end customer.
For example, an automobile manufacturer makes several B2B transactions such as
buying tires, glass for windscreens, and rubber hoses for its vehicles. The final
transaction, a finished vehicle sold to the consumer, is a single (B2C) transaction.
It might be possible that the subjects of transactions are same for example selling
of a Car to a person who is re-designing or modifying it and then selling it to
ultimate consumers on the other hand a Car sold to the ultimate consumer directly
from show room. Even though the subjects in the transaction are same, but in the
first example it is a B2B transaction and in the other it is a B2C transaction.
For the following differences, the B2C and B2B transactions are taxed under GST
in a different manner:
Nature of Supply:
There is several B2B transition in one supply chain of a product until it reached to
ultimate consumer where a B2C transaction occurs.
The credit of GSTs (CGST/SGST/IGST) paid in B2B moved through entire supply
chain where the supply receiver is paying GSTs and Supplier gets credit of input
tax paid at the time of acquisition. In B2C transaction the supply receiver is the
ultimate consumer who shall ultimately bear the all GSTs paid on the final supply
and not entitled to get any credit of GSTs paid by him.
Place of Supply
The B2B supplies are completes in several trances of supply, they may be running
in nature also.
Time of Supply
In B2C the time of supply are immediate after purchase and payment which are
generally on spot. In B2B the time of supply may be at the time of supply actually
made, date of Payment or the date of periodical returns or date of payment of GSTs
depends upon the facts and documentation of transactions.
Place of taxation
Place of taxation is generally the place of destination of supply, in B2C the place
of destination are generally the place of delivery, but in B2B, the place of taxation
may be different or may be more than one, it may be registered office of the
company or may be the place where actually goods delivered or the services
rendered.
In B2C generally the invoice (or simplified invoice) construed as an agreement and
the sale and purchase are genially governed by the terms and conditions are
mentioned in the invoice itself. In B2C generally a detailed commercial agreement
entered and thereafter Purchase Order issued and payment may be made prior, after
or at the time supply made. The place, time, taxable value of supply will be
determined on the basis of the abovesaid documents. Therefore these documents
must be referred to determining the GST liabilities in a B2B transaction.
In B2C, the payments for consideration are paid at the time of purchase and
supply. However in B2B the payments are being made in installments over a
period after delivery of supply. It is often the supplies are made throughout year
and the supplies are considered to be a continuous supply and the time of supply is
deduced differently in comparison of one time supply.
Input Tax in relation to a taxable person, means the Goods and Services Tax
charged on any supply of goods and/or services to him which are used or
intended to be used, during furtherance of his business. Fulfilment of Input
Tax Credit under GST - Conditions To Claim is one of the most critical
activity for every business to settle its tax liability. ITC being the backbone of
GST and a major matter of concern for the registered persons, conditions for
eligibility to ITC and eligible ITC have been prescribed which is more or less
in line with pre - GST regime. These rules are also quite particular and
stringent in its approach.
Eligibility to claim Input Tax Credit (ITC):
Form GSTR - 2 filing contains 13 tables in which the following details need to
be captured:
● Table 1 : Details of GSTIN.
● Table 2 : Traders' details.
● Table 3 : Details of inward supplies received from a registered person other
than the supplies attracting reverse charge.
● Table 4 : Details of inward supplies on which tax has to be paid on reverse
charge.
● Table 5 : Details Inputs/Capital goods received from Overseas or from SEZ
units on a Bill of Entry.
● Table 6 : Amendments to details of inward supplies furnished in returns for
earlier tax periods and details of debit notes/credit notes issued)
● Table 7 : Details of supplies received from composition taxable person and
other exempt/Nil rated/Non GST supplies received.
● Table 8 : Details of Credit received from ISD)
● Table 9 : Details of TDS and TCS credit received)
● Table 10 : Details of advances paid/advance adjusted on account of receipt
of supply
● Table 11 : Details of Input Tax Credit Reversal/ Reclaim.
● Table 12 : Details of addition and reduction of amount in output tax for
mismatch
and other reasons.
● Table 13 : HSN Summary of inward supplies.
GSTR 3/GSTR 3 B:
GSTR - 3 has a total of 15 tables - however the taxable person need not worry
as most of these will be pre-filled) Tables 3 to 11 are included within Part A,
which will be completely auto-populated Tables 12 to 15 are included within
Part B, which will need to be populated by the taxpayer.
The GSTR 3 format is as follows :
● Table 1 : GSTIN – It is state-wise PAN-based 15-digit Goods and Services
Taxpayer Identification Number (GSTIN) for each taxpayer. This column will
be auto-filled.
● Table 2 : Name of the Registered Person – Name of the taxpayer will be
auto-filled at the time of logging into the common GST Portal. Trade Name, if
any, should be separately provided.
● Table 3 : Turnover - Turnover of all types of supplies are consolidated
under this heading. Gross turnover needs to be bifurcated between:
1. Taxable Turnover
2. Export Turnover
3. Nil rated and Exempted Turnover
4. Non-GST Turnover.
5. Total Turnover (sum of above all).
32. Write the steps for filing GSTR 1, GSTR -2, GSTR-3.
36. What are the activities specified as Negative List according to Schedule -III.
The law lists down matters which shall not be considered as ‘supply’ for
GST by way of Schedule III. Since these are transactions that are not
regarded as ‘supply’ under the GST Laws, there is no requirement to
report the inward / outward supply of such activities in the returns.
(b) The duties performed by any person who holds any post in
pursuance of the provisions of the Constitution in that capacity;
or
(c) the duties performed by any person as a Chairperson or a
Member or a Director in a body established by the Central
Government or a State Government or local authority and who is
not deemed as an employee before the commencement of this
clause.
37. Mr. Ankur purchased goods for Rs. 8,00,000 and paid tax @ 5% from a
dealer in same locality. He sold Rs. 4,00,000 worth goods to Raj and collected
tax from him. Record the following transaction with the help of accounting
Software.
PROGRAMME IN TALLY:
Step 1: Create Purchases Ledger Under Purchases Group
Path: Gate Way of Tally > Accounts Info> Ledger > create
Name: Purchases
Under: Purchase Accounts
GST Applicable: Yes
Set/alter GST Details: Yes (purchases are recording in voucher mode, hence
tax rate should be given at Purchase Ledger).
Select Purchases taxable and at Integrated Tax give 5%. Automatically which
bifurcates as 2.5% central and 2.5% for state tax.
Step 2: Is a Local dealer, Created Input CGST & Input SGST ledgers, under
Duties and Taxes.
Path: Gateway Of Tally>Accounts Info > Ledger>Create
CGST Ledger creation:
Step 5: For Sales have to create Output CGST and Output SGST, under Duties &
Taxes Group.
Output CGST Ledger:
Output SGST Ledger:
Step 2: Creating Input IGST Ledger under Duties and Taxes Group.
Step 3: Purchase Entry
Path: Gateway of Tally>Accounting Voucher>F9 (Cntrl+V)
Journal Entry: Amount Assumed as 10000
Purchases A/c ………….Dr 10000
Input IGST A/c…………Dr 2800 (28%)
To Ashish Enterprises A/c 12800
Ref no. : 002
Select relevant ledgers and post the amounts and save the entry.
39. Create 3 stock items named milk, bread and Ice creams. Opening balances of
these 3 stock items would be milk – 10 liters, Bread– 20 Pkts and Ice creams – 25
numbers. Create 1 sundry debtor and 1 sundry creditor within state. Record a
purchase entry of 5 liters of milk at 5% GST rate for ₹80 per liter, 10 Pkts of
Bread for Rs.25 per pkt at 5% GST rate and 30 numbers of Ice creams for ₹30 per
Ice cream at 18% GST rate. A sale entry 10liters of milk Rs.90 per liter, 15Pkts of
Bread for Rs.40 per pkt and 35 numbers of Ice creams for ₹50 per Ice cream.
Program:
Step 1: Create Stock items of Milk, Bread and Ice creams along with Opening
Stocks and GST tax rates.
Note: Tax rates should be given @ Stock Item level
Path: Gateway of Tally>Inventory Info>stock item> create
Subjected to Create Unit of Measurements as given
Numbers (for Ice-cream)
Packets (for Bread)
Liter (for Milk)
Creation of stock item
Milk:
Unit of Measurement
Name: Milk
GST: Applicable
Set/alter GST details: yes
Then following screen will appear. Give the GST as 5%
And give the opening stock and rate as given in the example.
Take purchase price as cost.
Opening stock of milk as 10 liters @ 80 Rupees each.
Step 2:
Create Creditor Ledger under Sundry Creditor, and Take as GST registered
Regular and give GSTIN. Intra state supply.
Path: Gateway Of Tally>Accounts Info>Ledger>Create (ABC Ltd)
Step 3: Create a Debtor Ledger Under Sundry Debtors, give GST Number.
XYZ Ltd.
Path: Gateway Of Tally>Accounts Info>Ledger>Create
Step 4: Create Purchases Ledger Under Purchases Group
Step 5: create Sales Ledger under Sales Group
Step 6: Create GST Tax Ledgers (Input CGST, Input SGST, Output SGST,
Output CGST) under Duties and Taxes Group.
Step 7: Post the Purchases Entry.
Path: Gateway Of Tally>Accounting Voucher>F9
a. Ref. Number: 121
b. Party A/c Name: ABC Ltd (Creditor)
c. Purchase Ledger: Purchases
d. Select the Stock items milk, Bread, Ice cream, and give the quantity and
rate as given.
e. And Select Input SGST and Input CGST ledgers, tax will get calculated
automatically.
Output: