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GST REFERENCE
MANUAL
WWW.CAYMSHAH.IN
GST
REFERENCE
MANUAL
2017
Guide to GST Law, Rules and Practices
www.caymshah.in
All rights reserved
Price: 300
Y. M. SHAH & Co
Chartered Accountants
_______________________________________________________________
____
No part of this publication may be reproduced or transmitted in any form or by any means without the
permission in writing from the Publisher.
Every effort has been made to avoid errors or omissions in this Book. In spite of this, errors may creep in.
Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of. It is
notified that neither the publisher nor the Author nor the seller / reseller will be responsible for any damage
or loss to anyone, of any kind, in any manner arising therefrom. It is suggested that to avoide any doubt the
reader should cross- check all the facts, law and contents of the publication with original government
publication or notifications.
as CVD)
f. Special Additional Duty of Customs (SAD)
g. Service Tax
h. Central Surcharges and Cesses so far as they
relate to supply of goods and services
(v) Revenue fairness for both the Union and the States
individually would need to be attempted.
Q 5. Which are the commodities proposed to be kept
outside the purview of GST?
Ans. Centre will levy and administer CGST & IGST while
respective states /UTs will levy and administer SGST/
UTGST.
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Ans. The Central GST and the State GST would be levied
simultaneously on every transaction of supply of goods and
services except the exempted goods and services, goods
which are outside the purview of GST and the transactions
which are below the prescribed threshold limits. Further,
both would be levied on the same price or value unlike
State VAT which is levied on the value of the goods inclusive
of CENVAT. While the location of the supplier and the
recipient within the country is immaterial for the purpose
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pay tax arises when the taxable person crosses the turnover
threshold of Rs.20 lakhs (Rs. 10 lakhs for NE & Special
Category States) except in certain specified cases where the
taxable person is liable to pay GST even though he has not
crossed the threshold limit. The CGST / SGST is payable on
all intra-State supply of goods and/or services and IGST is
payable on all inter- State supply of goods and/or services.
The CGST /SGST and IGST are payable at the rates
specified in the Schedules to the respective Acts.
Ans. Optional.
Q 25. What is GSTN and its role in the GST regime?
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Ans. No. The option availed shall lapse from the day on
which his aggregate turnover during the financial year
exceeds Rs.50 Lakhs.
restaurant service;
(ii) supplier of goods which are not taxable under the
CGST Act/SGST Act/UTGST Act.
(iii) an inter-State supplier of goods;
(iv) person supplying goods through an electronic
commerce operator;
(v) manufacturer of certain notified goods.
3. Registration
Q 1. What is advantage of taking registration in
GST?
Certificate is permissible?
Ans. ISD stands for Input Service Distributor and has been
defined under Section 2(61) of the CGST/SGST Act. It is
basically an office meant to receive tax invoices towards
receipt of input services and further distribute the credit to
supplier units (having the same PAN) proportionately.
Ans. Yes. Different offices of a tax payer can apply for ISD
registration.
Ans. Tax payers would have the option to sign the submitted
application using valid digital signatures. There will be two
options for electronically signing the application or other
submissions- by e-signing through Aadhar number, or
through DSC i.e. by registering the tax payers digital
signature certificate with GST portal. However, companies
or limited liability partnership entities will have to sign
mandatorily through DSC only. Only level 2 and level 3 DSC
certificates will be acceptable for signature purpose.
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5. Time of Supply
6. Valuation in GST
Q 1. What is the value of taxable supply to be
adopted for the levy of GST?
Ans. No, section 15 is common for all three taxes and also
common for goods and services.
Paperless transactions;
quarterly basis.
Ans. Tax Liability Register will reflect the total tax liability
of a taxpayer (after netting) for the particular month.
Ans. The cash ledger will reflect all deposits made in cash,
and TDS/TCS made on account of the taxpayer. The
information will be reflected on real time basis. This
ledger can be used for making any payment on account of
GST.
Ans. Yes, a challan will be valid for fifteen days after its
generation and thereafter it will be purged from the System.
However, the tax payer can generate another challan at his
convenience.
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8. Electronic Commerce
Q 1. What is Electronic Commerce?
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9. Job Work
Q 1. Q 1. What is job
work?
Ans. Job work means undertaking any treatment or
process by a person on goods belonging to another
registered taxable person. The person who is treating or
processing the goods belonging to other person is called
job worker and the person to whom the goods belongs is
called principal.
Ans. The waste and scrap generated during the job work
can be supplied by the job worker directly from his place of
business, on payment of tax, if he is registered. If he is not
registered, the same would be supplied by the principal on
payment of tax.
Ans. Yes. The term inputs, for the purpose of job work,
includes intermediate goods arising from any treatment
or process carried out on the inputs by the principal or job
worker.
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Ans. Input tax means the central tax (CGST), State tax
(SGST), integrated tax (IGST) or Union territory tax (UTGST)
charged on supply of goods or services or both made to a
registered person. It also includes tax paid on reverse charge
basis and integrated tax goods and services tax charged on
import of goods. It does not include tax paid under
composition levy.
Ans. Yes, the recipient can take ITC. But he is required to pay
the consideration along with tax within 180 days from the
date of issue of invoice. This condition is not applicable
where tax is payable on reverse charge basis.
Ans. The input tax credit shall not be allowed on the said
tax component in respect of which depreciation has been
claimed.
Ans. No, a person cannot take ITC with respect to goods lost,
stolen, destroyed or written off. In addition, ITC with respect
of goods given as gifts or free samples are also not allowed.
(c) Both
be provided by rules.
matching?
Ans. No, provisionally allowed ITC can be used only for the
payment of self-assessed output tax in the return.
Ans. The turnover for the purpose of ISD does not include
any duty or tax levied under entry 84 of List I and entry 51
and 54 of List II of the Seventh Schedule to the Constitution.
(c) SGST
(a) IGST
(b) CGST
(c) SGST
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Ans. Yes. Not only value but taxable value will also have to
be fed. In some cases, both may be different.
Ans. Yes, the recipient can himself feed the invoices not
uploaded by his supplier. The credit on such invoices will
also be given provisionally but will be subject to matching.
On matching, if the invoice is not uploaded by the supplier,
both of them will be intimated. If the mismatch is rectified,
provisional credit will be confirmed. But if the mismatch
continues, the amount will be added to the output tax
liability of the recipient in the returns for the month
subsequent to the month in which such discrepancy was
communicated.
Ans. No, the ISDs need to file only a return in Form GSTR-
6 and the return has the details of credit received by them
from the service provider and the credit distributed by
them to the recipient units. Since their return itself covers
these aspects, there is no requirement to file separate
statement of inward and outward supplies.
Q 22. What i s t h e c o n s e q u e n c e o f n o t f i l i n g
t h e return within the prescribed date?
Q 2. When c a n a t a x a b l e p e r s o n p a y t a x o n
a provisional basis?
Q 6. If a ta xa bl e p er s on f a i l s t o f i l e t he
r et u r n required under law (under section 39
( m on t h l y/ qu a r t e r l y) , or 45 (final
r et u r n ) , what legal recourse is available to the
tax officer?
furnishes a valid return for the default period (i.e. files the
return and pays the tax as assessed by him), within thirty
days of the receipt of the best judgment assessment order.
Q 11. Other t h a n a p p e l l a t e r e m e d y , i s t h e r e
a n y other recourse available to the taxpayer
against a summary assessment order?
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14. Refunds
Q 1. What is refund?
Ans. Where the claim of refund is less than Rs.2 Lakh, a self-
declaration by the applicant based on the documentary or
other evidences available with him, certifying that the
incidence of tax has not been passed on to any other person
would make him eligible to get refund. However, if the
claim of refund is more than Rs.2 Lakh, the applicant is
required to submit a certificate from a Chartered
Accountant or a Cost Accountant to the effect that the
incidence of tax has not been passed on to any other person.
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Ans No
Ans. Yes.
(b) the period specified under section 107(2) has not yet expired
or more than three years have expired after the passing of
the decision or order sought to be revised.
Ans. There will be one AAR and AAAR for each State.
Ans. The law does not provide for a fixed time period
for which the ruling shall apply. Instead, in section
1 0 3 ( 2 ) , it is provided that advance ruling shall be
binding till the period when the law, facts or
circumstances supporting the original advance ruling
have changed. Thus, a ruling shall continue to be in force
so long as the transaction continues and so long as there is
no change in law, facts or circumstances.
Ans The CGST /SGST Act do not provide for any appeal
against the ruling of Appellate Authority for Advance
Rulings. Thus no further appeals lie and the ruling shall be
binding on the applicant as well as the jurisdictional
officer in respect of applicant.
However, Writ Jurisdiction may lie before Honble High
Court or the Supreme Court.
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Q 23. What a r e t h e b r o a d g u i d e l i n e s f o r
a r r e s t followed in CBEC?
Ans. Decision to arrest needs to be taken on case-to-
case basis considering various factors, such as, nature
and gravity of offence, quantum of duty evaded or credit
wrongfully availed, nature and quality of evidence,
possibility of evidences being tampered with or witnesses
being influenced, cooperation with the investigation,
etc. Power to arrest has to be exercised after careful
consideration of the facts of the case which may include:
i. to ensure proper investigation of the offence;
ii. to prevent such person from absconding;
iii. cases involving organized smuggling of goods or
evasion of customs duty by way of concealment;
iv. master minds or key operators effecting proxy/
benami imports/exports in the name of dummy
or non-existent persons/IECs, etc.;
v. where the intent to evade duty is evident and
element of mensrea/guilty mind is palpable;
vi. prevention of the possibility of tampering with
evidence;
vii. intimidating or influencing witnesses; and
viii. large amounts of evasion of duty or service tax
at least exceeding one crore rupees.
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penalty as:
a temporary punishment or a sum of money
imposed by statute, to be paid as punishment for
the commission of a certain offence;
a punishment imposed by law or contract for
doing or failing to do something that was the
duty of a party to do.
any m i n o r b r e a c h ( minor b r e a c h h a s
b e e n defined as a violation of the provisions in
a case where the tax involved is less than
Rs.5000), or
a procedural requirement of the law, or
an easily rectifiable mistake/omission in
documents (explained in the law as an error
apparent on record) that has been made without
fraudulent intent or gross negligence.
is attributable to negligence of
Ans. Section 3 2 0 o f t h e C o d e o f C r i m i n a l
Procedure defines compounding as to forbear from
prosecution for consideration or any private motive.
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d. Self-monitoring model;
the time of imports along with the levy of the Customs Act
(Section 5 of the IGST Act)
(iv) Sometime the same element may flow to more than one
location, for example, construction or other services in
respect of a railway line, a national highway or a bridge on
a river which originate in one state and end in the other
state. Similarly, a copy right for distribution and exhibition
of film could be assigned for many states in single
transaction or an advertisement or a programme is
broadcasted across the country at the same time. An airline
may issue seasonal tickets, containing say 10 leafs which
could be used for travel between any two locations in the
country. The card issued by Delhi metro could be used by a
person located in Noida, or Delhi or Faridabad, without the
Delhi metro being able to distinguish the location or
journeys at the time of receipt of payment;
Ans. The terms used in the IGST Act are registered taxpayers
and non-registered taxpayers. The presumption in case of
supplies to registered person is the location of such person.
Since the recipient is registered, address of recipient is
always there and the same can be taken as proxy for place
of supply.
supplies)
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etc.
Q 21. Will t a x p a y e r b e a b l e t o c h a n g e t he
G S T Practitioner once chosen in above
mentioned facility?
day?
Ans. Where tax has been paid under the existing law [CST,
in this case] on any goods at the time of sale, not being
earlier than six months prior to the appointed day, and such
goods are returned by the buyer after the appointed day,
the sales return will be considered as a supply of the said
buyer in GST and tax has to be paid on such supply, if,
(i) the goods are taxable under the GST Law; and
(ii) the buyer is registered under the GST Law.
However, the seller is entitled to refund of such tax
[CST, in this case] paid under the existing law if the
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Ans. Tax will be payable by the job worker on the said goods
if they are not returned to the place of business of the
manufacturer within six months (or within the extended
period of maximum two months) from the appointed day
Section 141(1), 141(2)
revision.
Ans. Yes, if such goods are liable to tax under GST and the
person who has rejected or has not approved the goods,
returns it after 6 months (or within the extended period of
maximum two months) from the appointed day. In that
case tax shall also be payable by the person who has sent
the goods on approval basis- section 142(12).
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RETURNS
(1) Every registered person (other than a person referred to in section 14 of the Integrated
Goods and Services Tax Act, 2017) required to furnish the details of outward supplies of goods
or services or both under section 37, shall furnish such details in FORM GSTR-1 electronically
through the Common Portal, either directly or through a Facilitation Centre notified by the
Commissioner.
(2) The details of outward supplies of goods or services or both furnished in FORM GSTR-
1 shall include, inter alia,
(a) invoice wise details of all -
(i) inter-State and intra-State supplies made to registered persons; and
(ii) inter-State supplies with invoice value more than two and a half lakh
rupees made to unregistered persons;
(b) consolidated details of all -
(i) intra-State supplies made to unregistered persons for each rate of tax; and
(ii) State wise inter-State supplies with invoice value upto two and a half lakh
rupees made to unregistered persons for each rate of tax;
(c) debit and credit notes, if any, issued during the month for invoices issued
previously.
(3) The details of outward supplies furnished by the supplier shall be made available
electronically to the concerned registered persons (recipients) in Part A of FORM GSTR-2A, in
FORM GSTR-4A and in FORM GSTR-6A through the Common Portal after the due date of
filing of FORM GSTR-1.
(4) The details of inward supplies added, corrected or deleted by the recipient in his FORM
GSTR-2 under section 38 or FORM GSTR-4 or FORM GSTR-6 under section 39 shall be
made available to the supplier electronically in FORM GSTR-1A through the Common Portal
and such supplier may either accept or reject the modifications made by the recipient and FORM
GSTR-1 furnished earlier by the supplier shall stand amended to the extent of modifications
accepted by him.
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electronically through the Common Portal, either directly or from a Facilitation Centre notified
by the Commissioner, after including therein details of such other inward supplies, if any,
required to be furnished under sub-section (2) of section 38.
(2) Every registered person shall furnish the details, if any, required under sub-section (5) of
section 38 electronically in FORM GSTR-2.
(3) The registered person shall specify the inward supplies in respect of which he is not
eligible, either fully or partially, for input tax credit in FORM GSTR-2 where such eligibility
can be determined at the invoice level.
(4) The registered person shall declare the quantum of ineligible input tax credit on inward
supplies which is relatable to non-taxable supplies or for purposes other than business and cannot
be determined at the invoice level in FORM GSTR-2.
(4A) The details of invoices furnished by an non-resident taxable person in his return in
FORM GSTR-5 under rule 5 shall be made available to the recipient of credit in Part A of
FORM GSTR-2A electronically through the Common Portal and the said recipient may include
the same in FORM GSTR-2.
(5) The details of invoices furnished by an Input Service Distributor in his return in FORM
GSTR-6 under rule 7 shall be made available to the recipient of credit in Part B of FORM
GSTR-2A electronically through the Common Portal and the said recipient may include the
same in FORM GSTR-2.
(6) The details of tax deducted at source furnished by the deductor under sub-section (3) of
section 39 in FORM GSTR-7 shall be made available to the deductee in Part C of FORM
GSTR-2A electronically through the Common Portal and the said deductee may include the
same in FORM GSTR-2.
(7) The details of tax collected at source furnished by an e-commerce operator under section
52 in FORM GSTR-8 shall be made available to the concerned person in Part C of FORM
GSTR-2A electronically through the Common Portal and such person may include the same in
FORM GSTR-2.
(8) The details of inward supplies of goods or services or both furnished in FORM GSTR-2
shall include, inter alia, -
(a) invoice wise details of all inter-State and intra-State supplies received from
registered persons or unregistered persons;
(b) import of goods and services made; and
(c) debit and credit notes, if any, received from supplier.
3. Form and manner of submission of monthly return
(1) Every registered person, other than a person referred to in section 14 of the Integrated
Goods and Services Tax Act, 2017 or an Input Service Distributor or a non-resident taxable
person or a person paying tax under section 10 or section 51 or, as the case may be, under section
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52 shall furnish a return specified under sub-section (1) of section 39 in FORM GSTR-3
electronically through the Common Portal either directly or through a Facilitation Centre notified
by the Commissioner.
(2) Part A of the return under sub-rule (1) shall be electronically generated on the basis of
information furnished through FORM GSTR-1, FORM GSTR-2 and based on other liabilities
of preceding tax periods.
(3) Every registered person furnishing the return under sub-rule (1) shall, subject to the
provisions of section 49, discharge his liability towards tax, interest, penalty, fees or any other
amount payable under the Act or these rules by debiting the electronic cash ledger or electronic
credit ledger and include the details in Part B of the return in FORM GSTR-3.
(4) A registered person, claiming refund of any balance in the electronic cash ledger in
accordance with the provisions of sub-section (6) of section 49, may claim such refund in Part B
of the return in FORM GSTR-3 and such return shall be deemed to be an application filed under
section 54.
(5) Where the time limit for furnishing of details in FORM GSTR-1 under section 37 and in
FORM GSTR-2 under section 38 has been extended and the circumstances so warrant, return in
FORM GSTR-3B, in lieu of FORM GSTR-3, may be furnished in such manner as may be
notified by the Commissioner.
(4) A registered person who has opted to pay tax under section 10 from the beginning of a
financial year shall, where required, furnish the details of outward and inward supplies and return
under rule 1, rule 2 and rule 3 relating to the period during which the person was liable to furnish
such details and returns till the due date of furnishing the return for the month of September of
the succeeding financial year or furnishing of annual return of the preceding financial year,
whichever is earlier.
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Explanation. The person shall not be eligible to avail of input tax credit on receipt of invoices
or debit notes from the supplier for the period prior to his opting for the composition scheme.
(5) A registered person opting to withdraw from the composition scheme at his own motion or
where option is withdrawn at the instance of the proper officer shall, where required, furnish the
details relating to the period prior to his opting for payment of tax under section 9 in FORM
GSTR-4 till the due date of furnishing the return for the quarter ending September of the
succeeding financial year or furnishing of annual return of the preceding financial year,
whichever is earlier.
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(3) The certificate referred to in sub-section (3) of section 51 shall be made available
electronically to the deductee on the Common Portal in FORM GSTR-7A on the basis of the
return furnished under sub-rule (1).
8. Form and manner of submission of statement of supplies through an e-commerce
operator
(1) Every electronic commerce operator required to collect tax at source under section 52
shall furnish a statement in FORM GSTR-8 electronically on the Common Portal, either directly
or from a Facilitation Centre notified by the Commissioner, containing details of supplies
effected through such operator and the amount of tax collected as required under sub-section (1)
of section 52.
(2) The details furnished by the operator under sub-rule (1) shall be made available
electronically to each of the suppliers in Part C of FORM GSTR-2A on the Common Portal
after the due date of filing of FORM GSTR-8.
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Explanation 2. - The claim of input tax credit shall be considered as matched where the amount
of input tax credit claimed is equal to or less than the output tax paid on such tax invoice or debit
note by the corresponding supplier.
11. Final acceptance of input tax credit and communication thereof
(1) The final acceptance of claim of input tax credit in respect of any tax period, specified in
sub-section (2) of section 42, shall be made available electronically to the registered person
making such claim in FORM GST MIS-1 through the Common Portal.
(2) The claim of input tax credit in respect of any tax period which had been communicated
as mismatched but is found to be matched after rectification by the supplier or recipient shall be
finally accepted and made available electronically to the person making such claim in FORM
GST MIS-1 through the Common Portal.
12. Communication and rectification of discrepancy in claim of input tax credit and
reversal of claim of input tax credit
(1) Any discrepancy in the claim of input tax credit in respect of any tax period, specified in
sub-section (3) of section 42 and the details of output tax liable to be added under sub-section (5)
of the said section on account of continuation of such discrepancy, shall be made available to the
recipient making such claim electronically in FORM GST MIS-1 and to the supplier
electronically in FORM GST MIS-2 through the Common Portal on or before the last date of
the month in which the matching has been carried out.
(2) A supplier to whom any discrepancy is made available under sub-rule (1) may make
suitable rectifications in the statement of outward supplies to be furnished for the month in which
the discrepancy is made available.
(3) A recipient to whom any discrepancy is made available under sub-rule (1) may make
suitable rectifications in the statement of inward supplies to be furnished for the month in which
the discrepancy is made available.
(4) Where the discrepancy is not rectified under sub-rule (2) or sub-rule (3), an amount to the
extent of discrepancy shall be added to the output tax liability of the recipient in his return to be
furnished in FORM GSTR-3 for the month succeeding the month in which the discrepancy is
made available.
Explanation 1.- Rectification by a supplier means adding or correcting the details of an outward
supply in his valid return so as to match the details of corresponding inward supply declared by
the recipient.
Explanation 2.- Rectification by the recipient means deleting or correcting the details of an
inward supply so as to match the details of corresponding outward supply declared by the
supplier.
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13. Claim of input tax credit on the same invoice more than once
Duplication of claims of input tax credit in the details of inward supplies shall be communicated
to the registered person in FORM GST MIS-1 electronically through the Common Portal.
14. Matching of claim of reduction in the output tax liability
The following details relating to the claim of reduction in output tax liability shall be matched
under section 43 after the due date for furnishing the return in FORM GSTR-3:-
(a) GSTIN of the supplier;
(b) GSTIN of the recipient;
(c) credit note number;
(d) credit note date; and
(e) tax amount:
Provided that where the time limit for furnishing FORM GSTR-1 under section 37 and FORM
GSTR-2 under section 38 has been extended, the date of matching of claim of reduction in the
output tax liability shall be extended accordingly:
Provided further that the Commissioner may, on the recommendations of the Council, by order,
extend the date of matching relating to claim of reduction in output tax liability to such date as
may be specified therein.
Explanation 1.- The claim of reduction in output tax liability due to issuance of credit notes in
FORM GSTR-1 that were accepted by the corresponding recipient in FORM GSTR-2 without
amendment shall be treated as matched if the said recipient has furnished a valid return.
Explanation 2. The claim of reduction in the output tax liability shall be considered as matched
where the amount of output tax liability after taking into account the reduction claimed is equal
to or more than the claim of input tax credit after taking into account the reduction admitted and
discharged on such credit note by the corresponding recipient in his valid return.
15. Final acceptance of reduction in output tax liability and communication thereof
(1) The final acceptance of claim of reduction in output tax liability in respect of any tax
period, specified in sub-section (2) of section 43, shall be made available electronically to the
person making such claim in FORM GST MIS-1 through the Common Portal.
(2) The claim of reduction in output tax liability in respect of any tax period which had been
communicated as mis-matched but is found to be matched after rectification by the supplier or
recipient shall be finally accepted and made available electronically to the person making such
claim in FORM GST MIS-1 through the Common Portal.
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19. Matching of details furnished by the e-Commerce operator with the details
furnished by the supplier
The following details relating to the supplies made through an e-Commerce operator, as declared
in FORM GSTR-8, shall be matched with the corresponding details declared by the supplier in
FORM GSTR-1-
(a) State of place of supply; and
(b) net taxable value:
Provided that where the time limit for furnishing FORM GSTR-1 under section 37 has
been extended, the date of matching of the above mentioned details shall be extended
accordingly:
Provided further that the Commissioner may, on the recommendations of the Council, by
order, extend the date of matching to such date as may be specified therein.
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(2) Every electronic commerce operator required to collect tax at source under section 52
shall furnish annual statement referred to in sub-section (5) of the said section in FORM GSTR
-9B.
(3) Every registered person whose aggregate turnover during a financial year exceeds two
crore rupees shall get his accounts audited as specified under sub-section (5) of section 35 and he
shall furnish a copy of audited annual accounts and a reconciliation statement, duly certified, in
FORM GSTR-9C, electronically through the Common Portal either directly or through a
Facilitation Centre notified by the Commissioner.
22. Final return
Every registered person required to furnish a final return under section 45, shall furnish such
return electronically in FORM GSTR-10 through the Common Portal either directly or through
a Facilitation Centre notified by the Commissioner.
23. Details of inward supplies of persons having Unique Identity Number
(1) Every person who has been issued a Unique Identity Number and claims refund of the
taxes paid on his inward supplies, shall furnish the details of such supplies of taxable goods or
services or both electronically in FORM GSTR-11, along with application for such refund
claim, through the common portal either directly or through a Facilitation Centre notified by the
Commissioner.
(2) Every person who has been issued a Unique Identity Number for purposes other than
refund of the taxes paid shall furnish the details of inward supplies of taxable goods or services
or both as may be required by the proper officer in FORM GSTR-11.
24. Provisions relating to a goods and services tax practitioner
(1) An application in FORM GST PCT-01 may be made electronically through the Common
Portal either directly or through a Facilitation Centre notified by the Commissioner for enrolment
as goods and services tax practitioner by any person who:
(a) (i) is a citizen of India;
(ii) is a person of sound mind;
(iii) is not adjudicated as insolvent;
(iv) has not been convicted by a competent court,-
and satisfies any of the following conditions: -
(b) that he is a retired officer of the Commercial Tax Department of any State
Government or of the Central Board of Excise and Customs, Department of Revenue,
Government of India, who, during his service under the Government, had worked in a
post not lower in rank than that of a Group-B gazetted officer for a period of not less than
two years; or
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(c ) that he has been enrolled as a sales tax practitioner or tax return preparer under the
existing law for a period of not less than five years;
(d) he has passed:
(i) a graduate or postgraduate degree or its equivalent examination having a
degree in Commerce, Law, Banking including Higher Auditing, or Business
Administration or Business Management from any Indian University established
by any law for the time being in force; or
(ii) a degree examination of any Foreign University recognized by any Indian
University as equivalent to the degree examination mentioned in sub-clause (i); or
(iii) any other examination notified by the Government, on the
recommendation of the Council, for this purpose; or
(iv) has passed any of the following examinations, namely.-
(a) final examination of the Institute of Chartered Accountants of
India; or
(b) final examination of the Institute of Cost Accountants of India; or
(c) final examination of the Institute of Company Secretaries of India.
(2) On receipt of the application referred to in sub-rule (1), the officer authorised in this
behalf shall, after making such enquiry as he considers necessary, either enrol the applicant as a
goods and services tax practitioner and issue a certificate to that effect in FORM GST PCT-02
or reject his application where it is found that the applicant is not qualified to be enrolled as a
goods and services tax practitioner.
(3) The enrolment made under sub-rule (2) shall be valid until it is cancelled:
Provided that no person enrolled as a goods and services tax practioner shall be eligible
to remain enrolled unless he passes such examination conducted at such periods and by such
authority as may be notified by the Commissioner on the recommendations of the Council:
Provided further that no person to whom the provisions of clause (c) of sub-section (1)
apply shall be eligible to remain enrolled unless he passes the said examination within a period
of one year from the appointed date.
(4) If any goods and services tax practitioner is found guilty of misconduct in connection
with any proceedings under the Act, the authorised officer may, after giving him a notice to show
cause in FORM GST PCT-03 for such misconduct and after giving him a reasonable
opportunity of being heard, by order in FORM GST PCT -04 direct that he shall henceforth be
disqualified under section 48 to function as a goods and services tax practitioner.
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(5) Any person against whom an order under sub-rule (4) is made may, within thirty days
from the date of issue of such order, appeal to the Commissioner against such order.
(6) Any registered person may, at his option, authorise a goods and services tax practitioner
on the Common Portal in FORM GST PCT-05 or, at any time, withdraw such authorisation in
FORM GST PCT-05 and the goods and services tax practitioner so authorised shall be allowed
to undertake such tasks as indicated in the said authorization during the period of authorisation.
(7) Where a statement required to be furnished by a registered person has been furnished by
the goods and services tax practitioner authorised by him, a confirmation shall be sought from
the registered person over email or SMS and the statement furnished by the goods and services
tax practitioner shall be made available to the registered person on the Common Portal:
Provided that where the registered person fails to respond to the request for confirmation
till the last date of furnishing of such statement, it shall be deemed that he has confirmed the
statement furnished by the goods and services tax practitioner.
(8) A goods and services tax practitioner can undertake any or all of the following activities
on behalf of a registered person, if so authorised by him to:
(a) furnish the details of outward and inward supplies;
(b) furnish monthly, quarterly, annual or final return;
(c) make deposit for credit into the electronic cash ledger;
(d) file a claim for refund; and
(e) file an application for amendment or cancellation of registration:
Provided that where any application relating to a claim for refund or an application for
amendment or cancellation of registration has been submitted by the goods and services tax
practitioner authorised by the registered person, a confirmation shall be sought from the
registered person and the application submitted by the said practitioner shall be made available to
the registered person on the Common Portal and such application shall not be proceeded with
further until the registered person gives his consent to the same.
(9) Any registered person opting to furnish his return through a goods and services tax
practitioner shall-
(a) give his consent in FORM GST PCT-05 to any goods and services tax
practitioner to prepare and furnish his return; and
(b) before confirming submission of any statement prepared by the goods and
services tax practitioner, ensure that the facts mentioned in the return are true and correct.
(10) The goods and services tax practitioner shall-
(a) prepare the statements with due diligence; and
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(b) affix his digital signature on the statements prepared by him or electronically
verify using his credentials.
(11) A goods and services tax practitioner enrolled in any other State or Union Territory shall be
treated as enrolled in the State/Union territory for the purposes specified in sub-rule (8).
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COMPOSITION RULES
(1) Any person who has been granted registration on a provisional basis under sub-rule (1) of
rule Registration.17 and who opts to pay tax under section 10, shall electronically file an
intimation in FORM GST CMP-01, duly signed or verified through electronic verification code
(EVC), on the Common Portal, either directly or through a Facilitation Centre notified by the
Commissioner, prior to the appointed day, but not later than thirty days after the said day, or such
further period as may be extended by the Commissioner in this behalf:
Provided that where the intimation in FORM GST CMP-01 is filed after the appointed day, the
registered person shall not collect any tax from the appointed day but shall issue bill of supply
for supplies made after the said day.
(2) Any person who applies for registration under rule Registration.1 may give an option to pay
tax under section 10 in Part B of FORM GST REG-01, which shall be considered as an
intimation to pay tax under the said section.
(3) Any registered person who opts to pay tax under section 10 shall electronically file an
intimation in FORM GST CMP-02, duly signed or verified through EVC, on the Common
Portal, either directly or through a Facilitation Centre notified by the Commissioner prior to the
commencement of the financial year for which the option to pay tax under the aforesaid section
is exercised and shall furnish the statement in FORM GST ITC-3 in accordance with the
provisions of sub-rule (4) of rule ITC.9 within sixty days from the commencement of the
relevant financial year,
(4) Any person who files an intimation under sub-rule (1) to pay tax under section 10 shall
furnish the details of stock, including the inward supply of goods received from unregistered
persons, held by him on the day preceding the date from which he opts to pay tax under the said
section, electronically, in FORM GST CMP-03, on the Common Portal, either directly or
through a Facilitation Centre notified by the Commissioner, within sixty days of the date from
which the option for composition levy is exercised or within such further period as may be
extended by the Commissioner in this behalf.
(5) Any intimation under sub-rule (1) or sub-rule (3) in respect of any place of business in any
State or Union territory shall be deemed to be an intimation in respect of all other places of
business registered on the same PAN.
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(1) The option to pay tax under section 10 shall be effective from the beginning of the financial
year, where the intimation is filed under sub-rule (3) of rule 1 and the appointed day where
intimation is filed under sub-rule (1) of the said rule.
(2) The intimation under sub-rule (2) of rule 1 shall be considered only after grant of registration
to the applicant and his option to pay tax under section 10 shall be effective from the date fixed
under sub-rule (2) or (3) of rule Registration.3.
(1) The person exercising the option to pay tax under section 10 shall comply with the
following conditions:
(a) he is neither a casual taxable person nor a non-resident taxable person;
(b) the goods held in stock by him on the appointed day have not been purchased in the
course of inter-State trade or commerce or imported from a place outside India or received from
his branch situated outside the State or from his agent or principal outside the State, where the
option is exercised under sub-rule (1) of rule 1;
(c) the goods held in stock by him have not been purchased from an unregistered supplier
and where purchased, he pays the tax under sub-section (4) of section 9;
(d) he shall pay tax under sub-section (3) or sub-section (4) of section 9 on inward supply of
goods or services or both;
(e) he was not engaged in the manufacture of goods as notified under clause (e) of sub-
section (2) of section 10, during the preceding financial year;
(f) he shall mention the words composition taxable person, not eligible to collect tax on
supplies at the top of the bill of supply issued by him; and
(g) he shall mention the words composition taxable person on every notice or signboard
displayed at a prominent place at his principal place of business and at every additional place or
places of business.
(2) The registered person paying tax under section 10 may not file a fresh intimation every year
and he may continue to pay tax under the said section subject to the provisions of the Act and
these rules.
(2) The person referred to in sub-rule (1) shall be liable to pay tax under sub-section (1) of
section 9 from the day he ceases to satisfy any of the conditions mentioned in section 10 or these
rules and shall issue tax invoice for every taxable supply made thereafter and he shall also file an
intimation for withdrawal from the scheme in FORM GST CMP-04 within seven days of
occurrence of such event.
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(3) The registered person who intends to withdraw from the composition scheme shall, before
the date of such withdrawal, file an application in FORM GST CMP-04, duly signed or verified
through EVC, electronically on the Common Portal.
(4) Where the proper officer has reasons to believe that the registered person was not eligible to
pay tax under section 10 or has contravened the provisions of the Act or these rules, he may issue
a notice to such person in FORM GST CMP-05 to show cause within fifteen days of the receipt
of such notice as to why option to pay tax under section 10 should not be denied.
(5) Upon receipt of reply to the show cause notice issued under sub-rule (4) from the registered
person in FORM GST CMP-06, the proper officer shall issue an order in FORM GST CMP-07
within thirty days of receipt of such reply, either accepting the reply, or denying the option to
pay tax under section 10 from the date of option or from the date of the event concerning such
contravention, as the case may be.
(6) Every person who has furnished an intimation under sub-rule (2) or filed an application for
withdrawal under sub-rule (3) or a person in respect of whom an order of withdrawal of option
has been passed in FORM GST CMP-07 under sub-rule (5), may electronically furnish at the
Common Portal, either directly or through a Facilitation Centre notified by the Commissioner, a
statement in FORM GST ITC-01 containing details of the stock of inputs and inputs contained
in semi-finished or finished goods held in stock by him on the date on which the option is
withdrawn or denied, within 30 days, from the date from which the option is withdrawn or from
the date of order passed in FORM GST CMP-07, as the case may be.
(7) Any intimation or application for withdrawal under sub-rule (2) or (3) or denial of the option
to pay tax under section 10 in accordance with sub-rule (5) in respect of any place of business in
any State or Union territory, shall be deemed to be an intimation in respect of all other places of
business registered on the same PAN.
The category of registered persons, eligible for composition levy under section 10 and these
rules, specified in column (2) of the Table below shall pay tax under section 10 at the rate
specified in column (3) of the said Table:
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3 Any other supplier eligible for composition levy half per cent.
under section 10 and these rules
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1. Value of supply of goods or services where the consideration is not wholly in money
Where the supply of goods or services is for a consideration not wholly in money, the value of the supply
shall,
(a) be the open market value of such supply;
(b) if open market value is not available, be the sum total of consideration in money and any
such further amount in money as is equivalent to the consideration not in money if such
amount is known at the time of supply;
(c) if the value of supply is not determinable under clause (a) or clause (b), be the value of
supply of goods or services or both of like kind and quality;
(d) if value is not determinable under clause (a) or clause (b) or clause (c), be the sum total of
consideration in money and such further amount in money that is equivalent to
consideration not in money as determined by application of rule 4 or rule 5 in that order.
Illustration:
(1) Where a new phone is supplied for Rs.20000 along with the exchange of an old phone and if the
price of the new phone without exchange is Rs.24000, the open market value of the new phone is Rs
24000.
(2) Where a laptop is supplied for Rs.40000 along with a barter of printer that is manufactured by
the recipient and the value of the printer known at the time of supply is Rs.4000 but the open market value
of the laptop is not known, the value of the supply of laptop is Rs.44000.
2. Value of supply of goods or services or both between distinct or related persons, other than
through an agent
The value of the supply of goods or services or both between distinct persons as specified in sub-section
(4) and (5) of section 25 or where the supplier and recipient are related, other than where the supply is
made through an agent, shall,-
(a) be the open market value of such supply;
(b) if open market value is not available, be the value of supply of goods or services of like kind
and quality;
(c) if value is not determinable under clause (a) or (b), be the value as determined by application
of rule 4 or rule 5, in that order:
Provided that where goods are intended for further supply as such by the recipient, the value shall, at the
option of the supplier, be an amount equivalent to ninety percent of the price charged for the supply of
goods of like kind and quality by the recipient to his customer not being a related person:
Provided further that where the recipient is eligible for full input tax credit, the value declared in the
invoice shall be deemed to be the open market value of goods or services:
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Where the value of a supply of goods or services or both is not determinable by any of the
preceding rules, the value shall be one hundred and ten percent of the cost of production or manufacture
or cost of acquisition of such goods or cost of provision of such services.
(a) For a currency, when exchanged from, or to, Indian Rupees (INR), the value shall be equal to the
difference in the buying rate or the selling rate, as the case may be, and the Reserve Bank of India (RBI)
reference rate for that currency at that time, multiplied by the total units of currency:
Provided that in case where the RBI reference rate for a currency is not available, the value shall be 1% of
the gross amount of Indian Rupees provided or received by the person changing the money:
Provided further that in case where neither of the currencies exchanged is Indian Rupee, the value shall be
equal to 1% of the lesser of the two amounts the person changing the money would have received by
converting any of the two currencies into Indian Rupee on that day at the reference rate provided by RBI.
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Provided also that a person supplying the services may exercise option to ascertain value in terms of
clause (b) for a financial year and such option shall not be withdrawn during the remaining part of that
financial year.
(b) At the option of supplier of services, the value in relation to supply of foreign currency, including
money changing, shall be deemed to be
(i) one per cent. of the gross amount of currency exchanged for an amount up to one lakh rupees,
subject to a minimum amount of two hundred and fifty rupees;
(ii) one thousand rupees and half of a per cent. of the gross amount of currency exchanged for an
amount exceeding one lakh rupees and up to ten lakh rupees; and
(iii) five thousand and five hundred rupees and one tenth of a per cent. of the gross amount of
currency exchanged for an amount exceeding ten lakh rupees, subject to maximum amount of
sixty thousand rupees.
(3) The value of supply of services in relation to booking of tickets for travel by air provided by an air
travel agent, shall be deemed to be an amount calculated at the rate of five percent. of the basic fare in the
case of domestic bookings, and at the rate of ten per cent. of the basic fare in the case of international
bookings of passage for travel by air.
Explanation - For the purposes of this sub-rule, the expression basic fare means that part of the air fare
on which commission is normally paid to the air travel agent by the airline.
(4) The value of supply of services in relation to life insurance business shall be:
(a) the gross premium charged from a policy holder reduced by the amount allocated for investment, or
savings on behalf of the policy holder, if such amount is intimated to the policy holder at the time of
supply of service;
(b) in case of single premium annuity policies other than (a), ten per cent. of single premium charged
from the policy holder; or
(c) in all other cases, twenty five per cent. of the premium charged from the policy holder in the first
year and twelve and a half per cent. of the premium charged from policy holder in subsequent years:
Provided that nothing contained in this sub-rule shall apply where the entire premium paid by the policy
holder is only towards the risk cover in life insurance.
(5) 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 purchase of such goods the value of supply shall be the
difference between the selling price and purchase price and where the value of such supply is negative it
shall be ignored:
Provided that the purchase value of goods repossessed 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 five percentage points for every quarter or part thereof, between the
date of purchase and the date of disposal by the person making such repossession.
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(6) The value of a token, or a voucher, or a coupon, or a stamp (other than postage stamp) which is
redeemable against a supply of goods or services or both shall be equal to the money value of the goods
or services or both redeemable against such token, voucher, coupon, or stamp.
(7)The value of taxable services provided by such class of service providers as may be notified by the
Government on the recommendations of the Council as referred to in paragraph 2 of Schedule I between
distinct persons as referred to in section 25, where input tax credit is available, shall be deemed to be NIL.
8. Rate of exchange of currency, other than Indian rupees, for determination of value
The rate of exchange for determination of value of taxable goods or services or both shall be the
applicable reference rate for that currency as determined by the Reserve Bank of India on the date of time
of supply in respect of such supply in terms of section 12 or, as the case may be, section 13 of the Act.
9. Value of supply inclusive of integrated tax, central tax, State tax, Union territory tax
Where the value of supply is inclusive of integrated tax or, as the case may be, central tax, State tax,
Union territory tax, the tax amount shall be determined in the following manner,
Tax amount= Value inclusive of taxes X tax rate in % of IGST or as the case may be CGST, SGST or UTGST
(100+ sum of tax rates, as applicable, in %)
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(1) The input tax credit shall be availed by a registered person, including the Input
Service Distributor, on the basis of any of the following documents, namely:-
(a) an invoice issued by the supplier of goods or services or both in accordance with
the provisions of section 31;
(b) an invoice issued in accordance with the provisions of clause (f) of sub-section
(3) of section 31, subject to payment of tax;
(c) a debit note issued by a supplier in accordance with the provisions of section 34;
(d) a bill of entry or any similar document prescribed under the Customs Act, 1962 or
rules made thereunder for assessment of integrated tax on imports;
(e) an ISD invoice or ISD credit note or any document issued by an Input Service
Distributor in accordance with the provisions of sub-rule (1) of rule invoice.7.
(2) Input tax credit shall be availed by a registered person only if all the applicable
particulars as prescribed in Chapter ---- (Invoice Rules) are contained in the said document,
and the relevant information, as contained in the said document, is furnished in FORM
GSTR-2 by such person.
(3) No input tax credit shall be availed by a registered person in respect of any tax that
has been paid in pursuance of any order where any demand has been confirmed on account
of any fraud, willful misstatement or suppression of facts.
(1) A registered person, who has availed of input tax credit on any inward supply of
goods or services or both, but fails to pay to the supplier thereof the value of such supply
along with the tax payable thereon within the time limit specified in the second proviso to
sub-section (2) of section 16, shall furnish the details of such supply, the amount of value not
paid and the amount of input tax credit availed of proportionate to such amount not paid to
the supplier in FORM GSTR-2 for the month immediately following the period of one
hundred and eighty days from the date of issue of invoice.
Provided that the value of supplies made without consideration as specified in Schedule I
shall be deemed to have been paid for the purposes of the second proviso to sub-section (2) of
section 16.
(2) The amount of input tax credit referred to in sub-rule (1) shall be added to the output tax
liability of the registered person for the month in which the details are furnished.
(3) The registered person shall be liable to pay interest at the rate notified under sub-section
(1) of section 50 for the period starting from the date of availing credit on such supplies till
the date when the amount added to the output tax liability, as mentioned in sub-rule (2), is
paid.
(4) The time limit specified in sub-section (4) of section 16 shall not apply to a claim for re-
availing of any credit, in accordance with the provisions of the Act or these rules, that had
been reversed earlier.
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(a) the said company or institution shall not avail the credit of,-
(i) tax paid on inputs and input services that are used for non-business
purposes, and
(ii) the credit attributable to supplies specified in sub-section (5) of section
17,
in FORM GSTR-2;
(b) the said company or institution shall avail the credit of tax paid on inputs and
input services referred to in the second proviso to sub-section (4) of section 17 and not
covered under clause (a);
(c) fifty per cent. of the remaining amount of input tax shall be the input tax credit
admissible to the company or the institution and shall be furnished in FORM GSTR-2;
(d) the amount referred to in clauses (b) and (c) shall, subject to the provisions of
sections 41, 42 and 43, be credited to the electronic credit ledger of the said company or
the institution.
(1) An Input Service Distributor shall distribute input tax credit in the manner and subject
to the conditions specified below-
(a) the input tax credit available for distribution in a month shall be distributed in
the same month and the details thereof shall be furnished in FORM GSTR-6 in
accordance with the provisions of Chapter ---- (Return Rules);
(b) the Input Service Distributor shall, in accordance with the provisions of clause
(d), separately distribute the amount of ineligible input tax credit (ineligible under the
provisions of sub-section (5) of section 17 or otherwise) and the amount of eligible
input tax credit;
(c) the input tax credit on account of central tax, State tax, Union territory tax and
integrated tax shall be distributed separately in accordance with the provisions of clause
(d);
(d) the input tax credit that is required to be distributed in accordance with the
provisions of clause (d) and (e) of sub-section (2) of section 20 to one of the recipients
R1, whether registered or not, from amongst the total of all the recipients to whom
input tax credit is attributable, including the recipient(s) who are engaged in making
exempt supply, or are otherwise not registered for any reason, shall be the amount,
C1, to be calculated by applying the following formula:-
C1 = (t1T) C
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where,
C is the amount of credit to be distributed,
t1 is the turnover, as referred to in section 20, of person R1 during the relevant
period, and
T is the aggregate of the turnover, during the relevant period, of all recipients
to whom the input service is attributable in accordance with the provisions of
section 20,;
(e) the input tax credit on account of integrated tax shall be distributed as input tax
credit of integrated tax to every recipient;
(f) the input tax credit on account of central tax and State tax or Union territory tax
shall,
(i) in respect of a recipient located in the same State or Union territory in which
the Input Service Distributor is located, be distributed as input tax credit of
central tax and State tax or Union territory tax respectively;
(ii) in respect of a recipient located in a State or Union territory other than that
of the Input Service Distributor, be distributed as integrated tax and the amount
to be so distributed shall be equal to the aggregate of the amount of input tax
credit of central tax and State tax or Union territory tax that qualifies for
distribution to such recipient in accordance with clause (d);
(g) The Input Service Distributor shall issue an ISD invoice, as prescribed in sub-rule
(1) of rule invoice-7, clearly indicating in such invoice that it is issued only for
distribution of input tax credit.
(h) The Input Service Distributor shall issue an ISD credit note, as prescribed in sub-
rule (1) of rule Invoice-7, for reduction of credit in case the input tax credit already
distributed gets reduced for any reason.
(i) Any additional amount of input tax credit on account of issuance of a debit note to
an Input Service Distributor by the supplier shall be distributed in the manner and
subject to the conditions specified in clauses (a) to (f) and the amount attributable to
any recipient shall be calculated in the manner provided in clause (d) above and such
credit shall be distributed in the month in which the debit note is included in the return
in FORM GSTR-6.
(j) Any input tax credit required to be reduced on account of issuance of a credit note to
the Input Service Distributor by the supplier shall be apportioned to each recipient in
the same ratio in which input tax credit contained in the original invoice was distributed
in terms of clause (d) above, and the amount so apportioned shall be,-
(i) reduced from the amount to be distributed in the month in which the credit
note is included in the return in FORM GSTR-6; or
(ii) added to the output tax liability of the recipient where the amount so
apportioned is in the negative by virtue of the amount of credit under distribution
being less than the amount to be adjusted.
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(2) If the amount of input tax credit distributed by an Input Service Distributor is
reduced later on for any other reason for any of the recipients, including that it was
distributed to a wrong recipient by the Input Service Distributor, the process prescribed
in clause (j) of sub-rule (1) shall apply, mutatis mutandis, for reduction of credit.
(3) Subject to sub-rule (2), the Input Service Distributor shall, on the basis of the ISD credit
note specified in clause (h) of sub-rule (1), issue an ISD Invoice to the recipient entitled to
such credit and include the ISD credit note and the ISD Invoice in the return in FORM
GSTR-6 for the month in which such credit note and invoice was issued.
(1) Input tax credit claimed in accordance with the provisions of sub-section (1) of section 18
on the inputs held in stock or inputs contained in semi-finished or finished goods held in
stock, or the credit claimed on capital goods in accordance with the provisions of clauses (c)
and (d) of the said sub-section, shall be subject to the following conditions -
(a) The input tax credit on capital goods, in terms of clauses (c) and (d) of sub-section (1) of
section 18, shall be claimed after reducing the tax paid on such capital goods by five
percentage points per quarter of a year or part thereof from the date of invoice or such other
documents on which the capital goods were received by the taxable person.
(b) The registered person shall within thirty days from the date of his becoming eligible to
avail of input tax credit under sub-section (1) of section 18 shall make a declaration,
electronically, on the Common Portal in FORM GST ITC-01 to the effect that he is eligible
to avail of input tax credit as aforesaid.
(c) The declaration under clause (b) shall clearly specify the details relating to the inputs held
in stock or inputs contained in semi-finished or finished goods held in stock, or as the case
may be, capital goods
(i) on the day immediately preceding the date from which he becomes liable to pay
tax under the provisions of the Act, in the case of a claim under clause (a) of sub-
section (1) of section 18,
(ii) on the day immediately preceding the date of grant of registration, in the case of a
claim under clause (b) of sub-section (1) of section 18,
(iii) on the day immediately preceding the date from which he becomes liable to pay
tax under section 9, in the case of a claim under clause (c) of sub-section (1) of
section 18,
(iv) on the day immediately preceding the date from which supplies made by the
registered person becomes taxable, in the case of a claim under clause (d) of sub-
section (1) of section 18.
(d) The details furnished in the declaration under clause (b) shall be duly certified by a
practicing chartered accountant or a cost accountant if the aggregate value of claim on
account of central tax, State tax, Union territory tax and integrated tax exceeds two lakh
rupees.
(e) The input tax credit claimed in accordance with the provisions of clauses (c) and (d) of
sub-section (1) of section 18 shall be verified with the corresponding details furnished by
the corresponding supplier in FORM GSTR-1 or as the case may be, in FORM GSTR-
4, on the Common Portal.
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(2) The amount of credit in case of supply of capital goods or plant and machinery, for the
purposes of sub-section (6) of section 18, shall be calculated by reducing the input tax on the
said goods at the rate of five percentage points for every quarter or part thereof from the date
of issue of invoice for such goods.
(1) A registered person shall, in the event of sale, merger, de-merger, amalgamation, lease or
transfer or change in ownership of business for any reason, furnish the details of sale, merger,
de-merger, amalgamation, lease or transfer of business, in FORM GST ITC-02,
electronically on the Common Portal along with a request for transfer of unutilized input tax
credit lying in his electronic credit ledger to the transferee:
Provided that in the case of demerger, the input tax credit shall be apportioned in the ratio of
the value of assets of the new units as specified in the demerger scheme.
(2) The transferor shall also submit a copy of a certificate issued by a practicing chartered
account or cost accountant certifying that the sale, merger, de-merger, amalgamation, lease or
transfer of business has been done with a specific provision for transfer of liabilities.
(3) The transferee shall, on the Common Portal, accept the details so furnished by the
transferor and, upon such acceptance, the un-utilized credit specified in FORM GST ITC-02
shall be credited to his electronic credit ledger.
(4) The inputs and capital goods so transferred shall be duly accounted for by the transferee
in his books of account.
(1) The input tax credit in respect of inputs or input services, which attract the provisions of
sub-section (1) or sub-section (2) of section 17, being partly used for the purposes of business
and partly for other purposes, or partly used for effecting taxable supplies including zero
rated supplies and partly for effecting exempt supplies, shall be attributed to the purposes of
business or for effecting taxable supplies in the following manner, namely,-
(a) total input tax involved on inputs and input services in a tax period, be denoted as T;
(b) the amount of input tax, out of T, attributable to inputs and input services intended to be
used exclusively for purposes other than business, be denoted as T1;
(c) the amount of input tax, out of T, attributable to inputs and input services intended to be
used exclusively for effecting exempt supplies, be denoted as T2;
(d) the amount of input tax, out of T, in respect of inputs and input services on which credit
is not available under sub-section (5) of section 17, be denoted as T3;
(e) the amount of input tax credit credited to the electronic credit ledger of registered person,
be denoted as C1 and calculated as:
C1 = T- (T1+T2+T3);
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(f) the amount of input tax credit attributable to inputs and input services intended to be used
exclusively for effecting supplies other than exempted but including zero rated supplies, be
denoted as T4;
(g) T1, T2, T3 and T4 shall be determined and declared by the registered person at the
invoice level in FORM GSTR-2;
(h) input tax credit left after attribution of input tax credit under clause (g) shall be called
common credit, be denoted as C2 and calculated as:
C2 = C1- T4;
(i) the amount of input tax credit attributable towards exempt supplies, be denoted as D1 and
calculated as:
D1= (EF) C2
where,
E is the aggregate value of exempt supplies during the tax period, and
F is the total turnover in the State of the registered person during the tax period:
Provided that where the registered person does not have any turnover during the said tax
period or the aforesaid information is not available, the value of E/F shall calculated by
taking values of E and F of the last tax period for which details of such turnover are
available, previous to the month during which the said value of E/F is to calculated;
Explanation: For the purposes of this clause, the aggregate value of exempt supplies and total
turnover shall exclude the amount of any duty or tax levied under entry 84 of List I of the
Seventh Schedule to the Constitution and entry 51 and 54 of List II of the said Schedule.
(j) the amount of credit attributable to non-business purposes if common inputs and input
services are used partly for business and partly for non-business purposes, be denoted as D2,
and shall be equal to five per cent. of C2; and
(k) the remainder of the common credit shall be the eligible input tax credit attributed to the
purposes of business and for effecting supplies other than exempted supplies but including
zero rated supplies and shall be denoted as C3, where,-
C3 = C2 - (D1+D2);
(l) the amount C3 shall be computed separately for input tax credit of central tax, State tax,
Union territory tax and integrated tax;
(m) the amount equal to aggregate of D1 and D2 shall be added to the output tax liability
of the registered person:
Provided that where the amount of input tax relating to inputs or input services used partly for
purposes other than business and partly for effecting exempt supplies has been identified and
segregated at invoice level by the registered person, the same shall be included in T1 and
T2 respectively, and the remaining amount of credit on such inputs or input services shall be
included in T4.
(2) The input tax credit determined under sub-rule (1) shall be calculated finally for the
financial year before the due date for furnishing of the return for the month of September
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following the end of the financial year to which such credit relates, in the manner prescribed
in the said sub-rule and,
(a) where the aggregate of the amounts calculated finally in respect of D1 and D2 exceeds
the aggregate of the amounts determined under sub-rule (1) in respect of D1 and D2, such
excess shall be added to the output tax liability of the registered person in the month not later
than the month of September following the end of the financial year to which such credit
relates and the said person shall be liable to pay interest on the said excess amount at the rate
specified in sub-section (1) of section 50 for the period starting from first day of April of the
succeeding financial year till the date of payment; or
(b) where the aggregate of the amounts determined under sub-rule (1) in respect of D1 and
D2 exceeds the aggregate of the amounts calculated finally in respect of D1 and D2, such
excess amount shall be claimed as credit by the registered person in his return for a month not
later than the month of September following the end of the financial year to which such credit
relates.
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8. Manner of determination of input tax credit in respect of capital goods and reversal
thereof in certain cases
(1) Subject to the provisions of sub-section (3) of section 16, the input tax credit in respect of
capital goods, which attract the provisions of sub-sections (1) and (2) of section 17, being
partly used for the purposes of business and partly for other purposes, or partly used for
effecting taxable supplies including zero rated supplies and partly for effecting exempt
supplies, shall be attributed to the purposes of business or for effecting taxable supplies in the
following manner, namely,-
(a) the amount of input tax in respect of capital goods used or intended to be used
exclusively for non-business purposes or used or intended to be used exclusively for
effecting exempt supplies shall be indicated in FORM GSTR-2 and shall not be
credited to his electronic credit ledger;
(b) the amount of input tax in respect of capital goods used or intended to be used
exclusively for effecting supplies other than exempted supplies but including zero-rated
supplies shall be indicated in FORM GSTR-2 and shall be credited to the electronic
credit ledger;
(c) the amount of input tax in respect of capital goods not covered under clauses (a) and
(b), denoted as A, shall be credited to the electronic credit ledger and the useful life of
such goods shall be taken as five years from the date of invoice for such goods:
Provided that where any capital goods earlier covered under clause (a) is subsequently
covered under this clause, the value of A shall be arrived at by reducing the input tax
at the rate of five percentage points for every quarter or part thereof and the amount A
shall be credited to the electronic credit ledger;
Explanation: An item of capital goods declared under clause (a) on its receipt shall not
attract the provisions of sub-section (4) of section 18 if it is subsequently covered under
this clause.
(d) the aggregate of the amounts of A credited to the electronic credit ledger under
clause (c), to be denoted as Tc, shall be the common credit in respect of capital goods
for a tax period:
Provided that where any capital goods earlier covered under clause (b) is subsequently
covered under clause (c), the value of A arrived at by reducing the input tax at the rate
of five percentage points for every quarter or part thereof shall be added to the
aggregate value Tc;
(e) the amount of input tax credit attributable to a tax period on common capital goods
during their useful life, be denoted as Tm and calculated as:-
Tm= Tc60
(f) the amount of input tax credit, at the beginning of a tax period, on all common
capital goods whose useful life remains during the tax period, be denoted as Tr
and shall be the aggregate of Tm for all such capital goods.
(g) the amount of common credit attributable towards exempted supplies, be denoted
as Te, and calculated as:
Te= (E F) x Tr
where,
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E is the aggregate value of exempt supplies, made, during the tax period, and
F is the total turnover of the registered person during the tax period:
Provided that where the registered person does not have any turnover during the said tax
period or the aforesaid information is not available, the value of E/F shall be calculated by
taking values of E and F of the last tax period for which details of such turnover are
available, previous to the month during which the said value of E/F is to calculated;
Explanation: For the purposes of this clause, the aggregate value of exempt supplies and total
turnover shall exclude the amount of any duty or tax levied under entry 84 of List I of the
Seventh Schedule to the Constitution and entry 51 and 54 of List II of the said Schedule;
(h) the amount Te along with applicable interest shall, during every tax period of the useful
life of the concerned capital goods, be added to the output tax liability of the person making
such claim of credit.
(2) The amount Te shall be computed separately for central tax, State tax, Union territory tax
and integrated tax.
(1) The amount of input tax credit relating to inputs held in stock, inputs contained in semi-
finished and finished goods held in stock, and capital goods held in stock shall, for the
purposes of sub-section (4) of section 18 or sub-section (5) of section 29, be determined in
the following manner namely,-
(a) for inputs held in stock and inputs contained in semi-finished and finished goods held
in stock, the input tax credit shall be calculated proportionately on the basis of
corresponding invoices on which credit had been availed by the registered taxable
person on such input;
(b) for capital goods held in stock the input tax credit involved in the remaining useful
life in months shall be computed on pro-rata basis, taking the useful life as five
years.
Illustration
Capital goods have been in use for 4 years, 6 month and 15 days.
The useful remaining life in months= 5 months ignoring a part of the month
Input tax credit taken on such capital goods=
Input tax credit attributable to remaining useful life= C multiplied by 5/60
(2) The amount, as prescribed in sub-rule (1) shall be determined separately for input tax
credit of integrated tax and central tax.
(3) Where the tax invoices related to the inputs held in stock are not available, the registered
person shall estimate the amount under sub-rule (1) based on the prevailing market price of
goods on the effective date of occurrence of any of the events specified in sub-section (4) of
section 18 or, as the case may be, sub-section (5) of section 29.
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(4) The amount determined under sub-rule (1) shall form part of the output tax liability of the
registered person and the details of the amount shall be furnished in FORM GST ITC-03,
where such amount relates to any event specified in sub-section (4) of section 18 and in
FORM GSTR-10, where such amount relates to cancellation of registration.
(5) The details furnished in accordance with sub-rule (3) shall be duly certified by a
practicing chartered accountant or cost accountant.
(6) The amount of input tax credit for the purposes of sub-section (6) of section 18 relating to
capital goods shall be determined in the same manner as prescribed in clause (b) of sub-rule
(1) and the amount shall be determined separately for input tax credit of IGST and CGST.
Where the amount so determined is more than the tax determined on the transaction value of
the capital goods, the amount determined shall form part of the output tax liability and the
same shall be furnished in FORM GSTR1.
10: Conditions and restrictions in respect of inputs and capital goods sent to the job
worker
(1) The inputs, semi-finished goods or capital goods shall be sent to the job worker under
the cover of a challan issued by the principal, including where such goods are sent directly to
a job-worker.
(2) The challan issued by the principal to the job worker shall contain the details specified
in rule Invoice.10:
(3) The details of challans in respect of goods dispatched to a job worker or received from a
job worker during a tax period shall be included in FORM GSTR-1 furnished for that period.
(4) Where the inputs or capital goods are not returned to the principal within the time
stipulated in section 143, the challan issued under sub-rule (1) shall be deemed to be an
invoice for the purposes of the Act.
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PAYMENT OF TAX
(2) The electronic liability register of the person shall be debited by:-
(a) the amount payable towards tax, interest, late fee or any other amount payable
as per the return furnished by the said person;
(b) the amount of tax, interest, penalty or any other amount payable as determined
by a proper officer in pursuance of any proceedings under the Act or as ascertained by
the said person;
(c) the amount of tax and interest payable as a result of mismatch under section 42
or section 43 or section 50; or
(d) any amount of interest that may accrue from time to time.
(3) Subject to the provisions of section 49, payment of every liability by a registered
person as per his return shall be made by debiting the electronic credit ledger maintained as
per rule 2 or the electronic cash ledger maintained as per rule 3 and the electronic liability
register shall be credited accordingly.
(4) The amount deducted under section 51, or the amount collected under section 52, or
the amount payable on reverse charge basis, or the amount payable under section 10 any
amount payable towards interest, penalty, fee or any other amount under the Act shall be paid
by debiting the electronic cash ledger maintained as per rule 3 and the electronic liability
register shall be credited accordingly.
(5) Any amount of demand debited in the electronic liability register shall stand reduced
to the extent of relief given by the appellate authority or Appellate Tribunal or court and the
electronic tax liability register shall be credited accordingly.
(6) The amount of penalty imposed or liable to be imposed shall stand reduced partly or
fully, as the case may be, if the taxable person makes the payment of tax, interest and penalty
specified in the show cause notice or demand order and the electronic liability register shall
be credited accordingly.
(7) A registered person shall, upon noticing any discrepancy in his electronic liability ledger,
communicate the same to the officer exercising jurisdiction in the matter, through the
Common Portal in FORM GST PMT-04.
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(2) The electronic credit ledger shall be debited to the extent of discharge of any liability
in accordance with section 49.
(3) Where a registered person has claimed refund of any unutilized amount from the
electronic credit ledger in accordance with the provisions of section 54, the amount to the
extent of the claim shall be debited in the said ledger.
(4) If the refund so filed is rejected, either fully or partly, the amount debited under sub-
rule (3), to the extent of rejection, shall be re-credited to the electronic credit ledger by the
proper officer by an order made in FORM GST PMT-03.
(5) Save as provided in these rules, no entry shall be made directly in the electronic credit
ledger under any circumstance.
(6) A registered person shall, upon noticing any discrepancy in his electronic credit ledger,
communicate the same to the officer exercising jurisdiction in the matter, through the
Common Portal in FORM GST PMT-04.
Explanation. For the purpose of this rule, a refund shall be deemed to be rejected, if the
appeal is finally rejected or if the claimant gives an undertaking to the proper officer that he
shall not file an appeal.
(2) Any person, or a person on his behalf, shall generate a challan in FORM GST PMT-
06 on the Common Portal and enter the details of the amount to be deposited by him towards
tax, interest, penalty, fees or any other amount.
(3) The deposit under sub-rule (2) shall be made through any of the following modes:
(i) Internet Banking through authorized banks;
(ii) Credit card or Debit card through the authorised bank;
(iii) National Electronic Fund Transfer (NeFT) or Real Time Gross Settlement
(RTGS) from any bank;
(iv) Over the Counter payment (OTC) through authorized banks for deposits up to
ten thousand rupees per challan per tax period, by cash, cheque or demand draft:
Provided that the restriction for deposit up to ten thousand rupees per challan in case of an
Over the Counter (OTC) payment shall not apply to deposit to be made by
(a) Government Departments or any other deposit to be made by persons as may
be notified by the Commissioner in this behalf;
(b) Proper officer or any other officer authorised to recover outstanding dues from
any person, whether registered or not, including recovery made through attachment or
sale of movable or immovable properties;
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(c) Proper officer or any other officer authorized for the amounts collected by way
of cash, cheque or demand draft during any investigation or enforcement activity or
any ad hoc deposit:
Provided further that the challan in FORM GST PMT-06 generated at the Common Portal
shall be valid for a period of fifteen days.
Explanation. For making payment of any amount indicated in the challan, the commission,
if any, payable in respect of such payment shall be borne by the person making such
payment.
(4) Any payment required to be made by a person who is not registered under the Act,
shall be made on the basis of a temporary identification number generated through the
Common Portal.
(5) Where the payment is made by way of NeFT or RTGS mode from any bank, the
mandate form shall be generated along with the challan on the Common Portal and the same
shall be submitted to the bank from where the payment is to be made:
Provided that the mandate form shall be valid for a period of fifteen days from the date of
generation of challan.
(6) On successful credit of the amount to the concerned government account maintained
in the authorised bank, a Challan Identification Number (CIN) will be generated by the
collecting Bank and the same shall be indicated in the challan.
(7) On receipt of CIN from the collecting Bank, the said amount shall be credited to the
electronic cash ledger of the person on whose behalf the deposit has been made and the
Common Portal shall make available a receipt to this effect.
(8) Where the bank account of the person concerned, or the person making the deposit on
his behalf, is debited but no Challan Identification Number (CIN) is generated or generated
but not communicated to the Common Portal, the said person may represent electronically in
FORM GST PMT-07 through the Common Portal to the Bank or electronic gateway
through which the deposit was initiated.
(9) Any amount deducted under section 51 or collected under section 52 and claimed in
FORM GSTR-02 by the registered taxable person from whom the said amount was deducted
or, as the case may be, collected shall be credited to his electronic cash ledger in accordance
with the provisions of rule 2.Return.
(10) Where a person has claimed refund of any amount from the electronic cash ledger, the
said amount shall be debited to the electronic cash ledger.
(11) If the refund so claimed is rejected, either fully or partly, the amount debited under
sub-rule (10), to the extent of rejection, shall be credited to the electronic cash ledger by the
proper officer by an order made in FORM GST PMT-03.
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(12) A registered person shall, upon noticing any discrepancy in his electronic cash ledger,
communicate the same to the officer exercising jurisdiction in the matter, through the
Common Portal in FORM GST PMT-04.
Explanation.- For the purposes of this rule, a refund shall be deemed to be rejected if the
appeal is finally rejected or if the claimant gives an undertaking to the proper officer that he
shall not file an appeal.
(1) A unique identification number shall be generated at the Common Portal for each
debit or credit to the electronic cash or credit ledger, as the case may be.
(2) The unique identification number relating to discharge of any liability shall be
indicated in the corresponding entry in the electronic liability register.
(3) A unique identification number shall be generated at the Common Portal for each
credit in the electronic liability register for reasons other than those covered under sub-rule
(2).
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REFUND
1. Application for refund of tax, interest, penalty, fees or any other amount
(1) Any person, except the persons covered by notification issued under section 55, claiming refund
of any tax, interest, penalty, fees or any other amount paid by him, may file an application electronically
in FORM GST RFD-01 through the Common Portal, either directly or through a Facilitation Centre
notified by the Commissioner:
Provided that any claim for refund relating to balance in the electronic cash ledger in accordance
with the provisions of sub-section (6) of section 49 may also be made through the return furnished for the
relevant tax period in FORM GSTR-3 or FORM GSTR-4 or FORM GSTR-7, as the case may be:
Provided further that in case of export of goods, application for refund shall be filed only after the
export manifest or an export report, as the case may be, is delivered under section 41 of the Customs Act,
1962 in respect of such goods:
Provided also that in respect of supplies to a Special Economic Zone unit or a Special Economic
Zone developer, the application for refund shall be filed by the supplier of goods after such goods have
been admitted in full in the Special Economic Zone for authorized operations, as endorsed by the
specified officer of the Zone:
Provided also that in respect of supplies to a Special Economic Zone unit or a Special Economic
Zone developer, the application for refund shall be filed by the supplier of services along with such
evidence regarding receipt of services for authorized operations as endorsed by the specified officer of the
Zone:
Provided also that in respect of supplies regarded as deemed exports, the application shall be filed
by the recipient of deemed export supplies:
Provided also that refund of any amount, after adjusting the tax payable by the applicant out of
the advance tax deposited by him under section 27 at the time of registration, shall be claimed in the last
return required to be furnished by him.
(2) The application under sub-rule (1) shall be accompanied by any of the following documentary
evidences, as applicable, to establish that a refund is due to the applicant:
(a) the reference number of the order and a copy of the order passed by the proper officer or
an appellate authority or Appellate Tribunal or court resulting in such refund or reference number
of the payment of the amount specified in sub-section (6) of section 107 and sub-section (8) of
section 112 claimed as refund;
(b) a statement containing the number and date of shipping bills or bills of export and the
number and date of relevant export invoices, in a case where the refund is on account of export of
goods;
(c) a statement containing the number and date of invoices and the relevant Bank Realization
Certificates or Foreign Inward Remittance Certificates, as the case may be, in a case where the
refund is on account of export of services;
(d) a statement containing the number and date of invoices as prescribed in rule Invoice.1
along with the evidence regarding endorsement specified in the third proviso to sub-rule (1) in
case of supply of goods made to a Special Economic Zone unit or a Special Economic Zone
developer;
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(e) a statement containing the number and date of invoices, the evidence regarding
endorsement specified in the fourth proviso to sub-rule (1) and the details of payment, along with
proof thereof, made by the recipient to the supplier for authorized operations as defined under the
Special Economic Zone Act, 2005, in a case where the refund is on account of supply of services
made to a Special Economic Zone unit or a Special Economic Zone developer
(f) a declaration to the effect that the Special Economic Zone unit or the Special Economic Zone
developer has not availed of the input tax credit of the tax paid by the supplier of goods or
services or both, in a case where the refund is on account of supply of goods or services made to a
Special Economic Zone unit or a Special Economic Zone developer;
(g) a statement containing the number and date of invoices along with such other evidence as
may be notified in this behalf, in a case where the refund is on account of deemed exports;
(h) a statement in Annex 1 of FORM GST RFD-01 containing the number and date of
invoices received and issued during a tax period in a case where the claim pertains to refund of
any unutilized input tax credit under sub-section (3) of section 54 where the credit has
accumulated on account of rate of tax on inputs being higher than the rate of tax on output
supplies, other than nil-rated or fully exempt supplies;
(i) the reference number of the final assessment order and a copy of the said order in a case
where the refund arises on account of finalisation of provisional assessment;
(j) a statement showing the details of transactions considered as intra-State supply but which
is subsequently held to be inter-State supply;
(k) a statement showing the details of the amount of claim on account of excess payment of
tax;
(l) a declaration to the effect that the incidence of tax, interest or any other amount claimed
as refund has not been passed on to any other person, in a case where the amount of refund
claimed does not exceed two lakh rupees:
Provided that a declaration is not required to be furnished in respect of cases covered under clause
(a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54;
(m) a Certificate in Annex 2 of FORM GST RFD-01 issued by a chartered accountant or a
cost accountant to the effect that the incidence of tax, interest or any other amount claimed as
refund has not been passed on to any other person, in a case where the amount of refund claimed
exceeds two lakh rupees:
Provided that a certificate is not required to be furnished in respect of cases covered under clause
(a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54;
Explanation. For the purposes of this rule,
(i) in case of refunds referred to in clause (c) of sub-section (8) of section 54, invoice
means invoice conforming to the provisions contained in section 31 ;
(ii) where the amount of tax has been recovered from the recipient, it shall be deemed that the
incidence of tax has been passed on to the ultimate consumer.
(3) Where the application relates to refund of input tax credit, the electronic credit ledger shall be
debited by the applicant in an amount equal to the refund so claimed.
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(4) In case of zero-rated supply of goods or services or both without payment of tax under bond or letter
of undertaking in accordance with the provisions of sub-section (3) of section 16 of the Integrated Goods
and Services Tax Act, refund of input tax credit shall be granted as per the following formula:
Refund Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply of services) x
Net ITC Adjusted Total Turnover
Where,-
(A) "Refund amount" means the maximum refund that is admissible;
(B) "Net ITC" means input tax credit availed on inputs and input services during the relevant period;
(C) "Turnover of zero-rated supply of goods" means the value of zero-rated supply of goods made during
the relevant period without payment of tax under bond or letter of undertaking;
(D) "Turnover of zero-rated supply of services" means the value of zero-rated supply of services made
without payment of tax under bond or letter of undertaking, calculated in the following manner, namely:-
Zero-rated supply of services is the aggregate of the payments received during the relevant period for
zero-rated supply of services and zero-rated supply of services where supply has been completed for
which payment had been received in advance in any period prior to the relevant period reduced by
advances received for zero-rated supply of services for which the supply of services has not been
completed during the relevant period;
(E) "Adjusted Total turnover" means the turnover in a State or a Union territory, as defined under sub-
section (112) of section 2, excluding the value of exempt supplies other than zero-rated supplies, during
the relevant period;
(F) Relevant period means the period for which the claim has been filed.
(5) In case of refund on account of inverted duty structure, refund of input tax credit shall be granted
as per the following formula:
Maximum Refund Amount = {(Turnover of inverted rated supply of goods) x Net ITC Adjusted Total
Turnover} minus tax payable on such inverted rated supply of goods
Explanation: The meaning of the term Net ITC and Adjusted Total turnover shall have the same
meaning as assigned to them in sub-rule (4).
2. Acknowledgement
(1) Where the application relates to a claim for refund from the electronic cash ledger, an
acknowledgement in FORM GST RFD-02 shall be made available to the applicant through the Common
Portal electronically, clearly indicating the date of filing of the claim for refund and the time period
specified in sub-section (7) of section 54 shall be counted from such date of filing.
(2) The application for refund, other than claim for refund from electronic cash ledger, shall be
forwarded to the proper officer who shall, within fifteen days of filing of the said application, scrutinize
the application for its completeness and where the application is found to be complete in terms of sub-rule
(2), (3) and (4) of rule 1, an acknowledgement in FORM GST RFD-02 shall be made available to the
applicant through the Common Portal electronically, clearly indicating the date of filing of the claim for
refund and the time period specified in sub-section (7) of section 54 shall be counted from such date of
filing.
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Provided that where the claim for refund of integrated tax is on account of export of goods, the
acknowledgment shall be issued within a period of three days of filing of such claim.
(3) Where any deficiencies are noticed, the proper officer shall communicate the deficiencies to the
applicant in FORM GST RFD-03 through the Common Portal electronically, requiring him to file a
fresh refund application after rectification of such deficiencies.
(4) Where deficiencies have been communicated in FORM GST RFD-03 under the GST Rules of
the State, the same shall also deemed to have been communicated under this Rule along with deficiencies
communicated under sub-rule (3).
[CGST Rules]
(4) Where deficiencies have been communicated in FORM GST RFD-03 under the CGST Rules,
the same shall also deemed to have been communicated under this Rule along with deficiencies
communicated under sub-rule (3).
[SGST Rules]
3. Grant of provisional refund
(1) The provisional refund in accordance with the provisions of sub-section (6) of section 54 shall be
granted subject to the condition that the person claiming refund has, during any period of five years
immediately preceding the tax period to which the claim for refund relates, not been prosecuted for any
offence under the Act or under an existing law where the amount of tax evaded exceeds two hundred and
fifty lakh rupees;
(2) The proper officer, after scrutiny of the claim and the evidence submitted in support thereof and
on being prima facie satisfied that the amount claimed as refund under sub-rule (1) is due to the applicant
in accordance with the provisions of sub-section (6) of section 54, shall make an order in FORM GST
RFD-04, sanctioning the amount of refund due to the said applicant on a provisional basis within a period
not exceeding seven days from the date of acknowledgement under sub-rule (1) or sub-rule (2) of rule 2.
(3) The proper officer shall issue a payment advice in FORM GST RFD-05 for the amount
sanctioned under sub-rule (2) and the same shall be electronically credited to any of the bank accounts of
the applicant mentioned in his registration particulars and as specified in the application for refund.
4. Order sanctioning refund
(1) Where, upon examination of the application, the proper officer is satisfied that a refund under
sub-section (5) of section 54 is due and payable to the applicant, he shall make an order in FORM GST
RFD-06, sanctioning the amount of refund to which the applicant is entitled, mentioning therein the
amount, if any, refunded to him on a provisional basis under sub-section (6) of section 54, amount
adjusted against any outstanding demand under the Act or under any existing law and the balance amount
refundable:
Provided that in cases where the amount of refund is completely adjusted against any outstanding
demand under the Act or under any existing law, an order giving details of the adjustment shall be issued
in Part A of FORM GST RFD-07.
(2) Where the proper officer or the Commissioner is of the opinion that the amount of refund is liable
to be withheld under the provisions of sub-section (10) or, as the case may be, sub-section (11) of section
54, he shall pass an order in Part B of FORM GST RFD-07 informing him the reasons for withholding
of such refund.
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(3) Where the proper officer is satisfied, for reasons to be recorded in writing, that the whole or any
part of the amount claimed as refund is not admissible or is not payable to the applicant, he shall issue a
notice in FORM GST RFD-08 to the applicant, requiring him to furnish a reply in FORM GST RFD-09
within fifteen days of the receipt of such notice and after considering the reply, make an order in FORM
GST RFD-06, sanctioning the amount of refund in whole or part, or rejecting the said refund claim and
the said order shall be made available to the applicant electronically and the provision of sub-rule (1)
shall, mutatis mutandis, apply to the extent refund is allowed:
Provided that no application for refund shall be rejected without giving the applicant a reasonable
opportunity of being heard.
(4) Where the proper officer is satisfied that the amount refundable under sub-rule (1) or (2) is
payable to the applicant under sub-section (8) of section 54, he shall make an order in FORM GST RFD-
06 and issue a payment advice in FORM GST RFD-05, for the amount of refund and the same shall be
electronically credited to any of the bank accounts of the applicant mentioned in his registration
particulars and as specified in the application for refund.
(5) Where the proper officer is satisfied that the amount refundable under sub-rule (1) or sub-rule (2)
is not payable to the applicant under sub-section (8) of section 54, he shall make an order in FORM GST
RFD-06 and issue an advice in FORM GST RFD-05, for the amount of refund to be credited to the
Consumer Welfare Fund.
5. Credit of the amount of rejected refund claim
(1) Where any deficiencies have been communicated under sub-rule (3) of rule 2, the amount debited
under sub-rule (3) of rule 1 shall be re-credited to the electronic credit ledger.
(2) Where any amount claimed as refund is rejected under rule 4, either fully or partly, the amount
debited, to the extent of rejection, shall be re-credited to the electronic credit ledger by an order made in
FORM GST PMT-03.
Explanation. For the purposes of this rule, a refund shall be deemed to be rejected, if the appeal is finally
rejected or if the claimant gives an undertaking in writing to the proper officer that he shall not file an
appeal.
6. Order sanctioning interest on delayed refunds
Where any interest is due and payable to the applicant under section 56, the proper officer shall make an
order along with a payment advice in FORM GST RFD-05, specifying therein the amount of refund
which is delayed, the period of delay for which interest is payable and the amount of interest payable, and
such amount of interest shall be electronically credited to any of the bank accounts of the applicant
mentioned in his registration particulars and as specified in the application for refund.
7. Refund of tax to certain persons
(1) Any person eligible to claim refund of tax paid by him on his inward supplies as per notification
issued section 55 shall apply for refund in FORM GST RFD-10 once in every quarter, electronically on
the Common Portal, either directly or from a Facilitation Centre notified by the Commissioner, along with
a statement of inward supplies of goods or services or both in FORM GSTR-11, prepared on the basis of
statement of outward supplies furnished by corresponding suppliers in FORM GSTR-1.
(2) An acknowledgement for receipt of the application for refund shall be issued in FORM GST
RFD-02.
(3) Refund of tax paid by the applicant shall be available if-
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(a) the inward supplies of goods or services or both were received from a registered person
against a tax invoice and the price of the supply covered under a single tax invoice exceeds five
thousand rupees, excluding tax paid, if any;
(b) name and GSTIN or UIN of the applicant is mentioned on the tax invoice; and
(c) such other restrictions or conditions as may be specified in the notification are satisfied.
(4) The provisions of rule 4 shall, mutatis mutandis, apply for the sanction and payment of refund
under this rule.
(5) Where an express provision in a treaty or other international agreement, to which the President or
the Government of India is a party, is inconsistent with the provisions of these rules, such treaty or
international agreement shall prevail.
8. Consumer Welfare Fund
(1) All credits to the Consumer Welfare Fund shall be made under sub-rule (4) of rule 4.
(2) Any amount, having been credited to the Fund, ordered or directed as payable to any claimant by
orders of the proper officer, appellate authority or Appellate Tribunal or court, shall be paid from the
Fund.
(3) Any utilisation of amount from the Consumer Welfare Fund under sub-section (1) of section 58
shall be made by debiting the Consumer Welfare Fund account and crediting the account to which the
amount is transferred for utilisation.
(4) The [Central/State] Government shall, by an order, constitute a Standing Committee with a
Chairman, a Vice-Chairman, a Member Secretary and such other members as it may deem fit and the
Committee shall make recommendations for proper utilisation of the money credited to the Consumer
Welfare Fund for welfare of the consumers.
(5) The Committee shall meet as and when necessary, but not less than once in three months.
(6) Any agency or organisation engaged in consumer welfare activities for a period of three years
registered under the Companies Act, 2013 (18 of 2013) or under any other law for the time being in force,
including village or mandal or samiti level co-operatives of consumers especially Women, Scheduled
Castes and Scheduled Tribes, or any industry as defined in the Industrial Disputes Act, 1947 (14 of 1947)
recommended by the Bureau of Indian Standards to be engaged for a period of five years in viable and
useful research activity which has made, or is likely to make, significant contribution in formulation of
standard mark of the products of mass consumption, the Central Government or the State Government
may make an application for a grant from the Consumer Welfare Fund:
Provided that a consumer may make application for reimbursement of legal expenses incurred by him as a
complainant in a consumer dispute, after its final adjudication.
(7) All applications for grant from the Consumer Welfare Fund shall be made by the applicant
Member Secretary, but the Committee shall not consider an application, unless it has been inquired into in
material details and recommended for consideration accordingly, by the Member Secretary.
(8) The Committee shall have powers -
(a) to require any applicant to produce before it, or before a duly authorised Officer of the
Government such books, accounts, documents, instruments, or commodities in custody and
control of the applicant, as may be necessary for proper evaluation of the application;
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(b) to require any applicant to allow entry and inspection of any premises, from which
activities claimed to be for the welfare of consumers are stated to be carried on, to a duly
authorised officer of the Central Government or, as the case may be, State Government;
(c) to get the accounts of the applicants audited, for ensuring proper utilisation of the grant;
(d) to require any applicant, in case of any default, or suppression of material information on
his part, to refund in lump-sum, the sanctioned grant to the Committee, and to be subject to
prosecution under the Act;
(e) to recover any sum due from any applicant in accordance with the provisions of the Act;
(f) to require any applicant, or class of applicants to submit a periodical report, indicating
proper utilisation of the grant;
(g) to reject an application placed before it on account of factual inconsistency, or inaccuracy
in material particulars;
(h) to recommend minimum financial assistance, by way of grant to an applicant, having
regard to his financial status, and importance and utility of nature of activity under pursuit, after
ensuring that the financial assistance provided shall not be misutilised;
(i) to identify beneficial and safe sectors, where investments out of Consumer Welfare Fund
may be made and make recommendations, accordingly.
(j) to relax the conditions required for the period of engagement in consumer welfare
activities of an applicant;
(k) to make guidelines for the management, administration and audit of the Consumer
Welfare Fund.
(9) The Central Consumer Protection Council and the Bureau of Indian Standards shall recommend
to the GST Council, the broad guidelines for considering the projects or proposals for the purpose of
incurring expenditure from the Consumer Welfare Fund.
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REGISTRATION
(1) Every person (other than a non-resident taxable person, a person required to deduct
tax at source under section 51, a person required to collect tax at source under section 52 and
a person supplying online information and data base access or retrieval services from a place
outside India to a non-taxable online recipient referred to in section 14 of the Integrated
Goods and Services Tax Act ) who is liable to be registered under sub-section (1) of section
25 and every person seeking registration under sub-section (3) of section 25 (hereinafter
referred to in this Chapter as the applicant) shall, before applying for registration, declare
his Permanent Account Number (PAN), mobile number, e-mail address, State or Union
territory in Part A of FORM GST REG-01 on the Common Portal, either directly or
through a Facilitation Centre notified by the Commissioner:
Provided that a person having a unit(s) in a Special Economic Zone or being a Special
Economic Zone developer shall make a separate application for registration as a business
vertical distinct from his other units located outside the Special Economic Zone:
Provided further that every person being an Input Service Distributor shall make a separate
application for registration as such Input Service Distributor.
(2) (a) The PAN shall be validated online by the Common Portal from the database
maintained by the Central Board of Direct Taxes constituted under the Central Boards
of Revenue Act, 1963 (54 of 1963);
(b) The mobile number declared under sub-rule (1) shall be verified through a
one-time password sent to the said mobile number; and
(c) The e-mail address declared under sub-rule (1) shall be verified through a
separate one-time password sent to the said e-mail address.
(3) On successful verification of the PAN, mobile number and e-mail address, a
temporary reference number shall be generated and communicated to the applicant on the
said mobile number and e-mail address.
(4) Using the reference number generated under sub-rule (3), 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
said Form at the Common Portal, either directly or through a Facilitation Centre notified by
the Commissioner.
(5) On receipt of an application under sub-rule (4), an acknowledgement shall be issued
electronically to the applicant in FORM GST REG-02.
(6) A person applying for registration as a casual taxable person shall be given a
temporary reference number by the Common Portal for making advance deposit of tax in
accordance with the provisions of section 27 and the acknowledgement under sub-rule (5)
shall be issued electronically only after the said deposit.
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2. Verification of the application and approval
(1) The application shall be forwarded to the proper officer who shall examine the
application and the accompanying documents and if the same are found to be in order,
approve the grant of registration to the applicant within three working days from the date of
submission of application.
(2) Where the application submitted under rule 1 is found to be deficient, either in terms
of any information or any document required to be furnished under the said rule, or where the
proper officer requires any clarification with regard to any information provided in the
application or documents furnished therewith, he may issue a notice to the applicant
electronically in FORM GST REG-03 within three working days from the date of
submission of application and the applicant shall furnish such clarification, information or
documents electronically, in FORM GST REG-04, within seven working days from the date
of receipt of such notice .
Explanation.- The clarification includes modification or correction of particulars declared in
the application for registration, other than PAN, State, mobile number and e-mail address
declared in Part A of FORM GST REG-01.
(3) Where the proper officer is satisfied with the clarification, information or documents
furnished by the applicant, he may approve the grant of registration to the applicant within
seven working days from the date of receipt of such clarification or information or
documents.
(4) Where no reply is furnished by the applicant in response to the notice issued under
sub-rule (2) within the prescribed period or where the proper officer is not satisfied with the
clarification, information or documents furnished, he shall, for reasons to be recorded in
writing, reject such application and inform the applicant electronically in FORM GST REG-
05.
(5) If the proper officer fails to take any action -
(a) within three working days from the date of submission of application, or
(b) within seven working days from the date of receipt of clarification,
information or documents furnished by the applicant under sub-rule (2),
the application for grant of registration shall be deemed to have been approved.
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(2) The registration shall be effective from the date on which the person becomes liable to
registration where the application for registration has been submitted within thirty days from
such date.
(3) Where an application for registration has been submitted by the applicant after thirty
days from the date of his becoming liable to registration, the effective date of registration
shall be the date of grant of registration under sub-rule (1) or sub-rule (3) or sub-rule (5) of
rule 2.
(4) Every certificate of registration shall be digitally signed by the proper officer under the
Act.
(5) Where the registration has been granted under sub-rule (5) of rule 2, the applicant shall be
communicated the registration number, and the certificate of registration under sub-rule (1),
duly signed, shall be made available to him on the Common Portal within three days after
expiry of the period specified in sub-rule (5) of rule 2.
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REG-07 for grant of registration through the Common Portal, either directly or from a
Facilitation Centre notified by the Commissioner.
(2) The proper officer may grant registration after due verification and issue a certificate
of registration in FORM GST REG-06 within three working days from the date of
submission of application.
(3) Where, upon an enquiry or pursuant to any other proceeding under the Act, the proper
officer is satisfied that a person to whom a certificate of registration in FORM GST REG-06
has been issued is no longer liable to deduct tax at source under section 51 or collect tax at
source under section 52, the said officer may cancel the registration issued under sub-rule (2)
and such cancellation shall be communicated to the said person electronically in FORM
GST REG-08:
Provided that the proper officer shall follow the procedure prescribed in rule 14 for
cancellation of registration.
(3) The provisions of rule 2 and rule 3 relating to verification and grant of registration shall,
mutatis mutandis, apply to an application submitted under this rule.
Explanation. The application for registration made by a non-resident taxable person shall be
signed by his authorized signatory who shall be a person resident in India having a valid
PAN.
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8. Extension in period of operation by casual taxable person and non-resident taxable
person
(1) Where a registered casual taxable person or a non-resident taxable person intends to
extend the period of registration indicated in his application of registration, an application in
FORM GST REG-11 shall be submitted electronically through the Common Portal, either
directly or through a Facilitation Centre notified by the Commissioner, by such person before
the end of the validity of registration granted to him.
(2) The application under sub-rule (1) shall be acknowledged only on payment of the
amount specified in sub-section (2) of section 27.
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12. Amendment of registration
(1) Where there is any change in any of the particulars furnished in the application for
registration in FORM GST REG-01 or FORM GST REG-07 or FORM GST REG-09 or
FORM GST REG-10 or for UIN in FORM GST-REG-13 either at the time of obtaining
registration or UIN or as amended from time to time, the registered person shall, within
fifteen days of such change, submit an application, duly signed or verified through EVC,
electronically in FORM GST REG-14, along with documents relating to such change at the
Common Portal either directly or through a Facilitation Centre notified by the Commissioner.
(2) (a) Where the change relates to-
(i) legal name of business;
(ii) address of the principal place of business or any additional place of business; or
(iii) addition, deletion or retirement of partners or directors, Karta, Managing
Committee, Board of Trustees, Chief Executive Officer or equivalent, responsible
for day to day affairs of the business,-
which does not warrant cancellation of registration under section 29, the proper officer shall,
after due verification, approve the amendment within fifteen working days from the date of
receipt of application in FORM GST REG-14 and issue an order in FORM GST REG-15
electronically and such amendment shall take effect from the date of occurrence of the event
warranting amendment.
(b) The change relating to sub-clause (i) and sub-clause (iii) of clause (a) in any State or
Union territory shall be applicable for all registrations of the registered person obtained under
these rules on the same PAN.
(c) Where the change relates to any particulars other than those specified in clause (a),
the certificate of registration shall stand amended upon submission of the application in
FORM GST REG- 14 on the Common Portal:
Provided that any change in the mobile number or e-mail address of the authorised signatory
submitted under rule 1, as amended from time to time, shall be carried out only after online
verification through the Common Portal in the manner provided under the said rule.
(d) Where a change in the constitution of any business results in change of PAN of a
registered person, the said person shall apply for fresh registration in FORM GST REG-01.
(3) Where the proper officer is of the opinion that the amendment sought under clause (a)
of sub-rule (2) is either not warranted or the documents furnished therewith are incomplete
or incorrect, he may, within fifteen working days from the date of receipt of the application in
FORM GST REG-14 , serve a notice in FORM GST REG-03, requiring the registered
person to show cause, within seven working days of the service of the said notice, as to why
the application submitted under sub-rule (1) shall not be rejected.
(4) The registered person shall furnish a reply to the notice to show cause, issued under sub-
rule 3, in FORM GST REG-04 within seven working days from the date of the service of
the said notice.
(5) Where the reply furnished under sub-rule (4) is found to be not satisfactory or where no
reply is furnished in response to the notice issued under sub-rule (3) within the period
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prescribed in sub-rule (4), the proper officer shall reject the application submitted under sub-
rule (1) and pass an order in FORM GST REG -05.
(6) If the proper officer fails to take any action-
(a) within fifteen working days from the date of submission of application, or
(b) within seven working days from the date of receipt of reply to the notice to show
cause under sub-rule (4),
the certificate of registration shall stand amended to the extent applied for and the amended
certificate shall be made available to the registered person on the Common Portal.
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determined by him and notify the taxable person, directing to pay arrears of any tax, interest
or penalty including the amount liable to be paid under sub-section(5) of section 29.
(4) Where the reply furnished under sub-rule (2) is found to be satisfactory, the proper officer
shall drop the proceedings and pass an order in FORM GST REG 20.
(5) The provisions of sub-rule (3) shall, mutatis mutandis, apply to the legal heirs of a
deceased proprietor, as if the application had been submitted by the proprietor himself.
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Provided that a taxable person who has been granted multiple registrations under the existing
law on the basis of a single PAN shall be granted only one provisional registration under the
Act:
Provided further that a person having centralized registration under Chapter V of the Finance
Act, 1994 shall be granted only one provisional registration in the State or Union territory in
which he is registered under the existing law. (CGST Rules only)
(2)(a) Every person who has been granted a provisional registration under sub-rule (1) shall
submit an application electronically in FORM GST REG26 , duly signed or verified
through EVC, along with the information and documents specified in the said application, on
the Common Portal either directly or through a Facilitation Centre notified by the
Commissioner.
(b) The information asked for in clause (a) shall be furnished within a period of three months
or within such further period as may be extended by in this behalf.
(c) If the information and the particulars furnished in the application are found, by the
proper officer, to be correct and complete, a certificate of registration in FORM GST REG-
06 shall be made available to the registered person electronically on the Common Portal.
(3) Where the particulars or information specified in sub-rule (2) have either not been
furnished or not found to be correct or complete, the proper officer shall, after serving a
notice to show cause in FORM GST REG-27 and after affording the person concerned a
reasonable opportunity of being heard, cancel the provisional registration granted under sub-
rule (1) and issue an order in FORM GST REG-28:
Provided that the show cause notice issued in FORM GST REG- 27 can be vacated by
issuing an order in FORM GST REG- 20 , if it is found, after affording the person an
opportunity of being heard, that no such cause exists for which the notice was issued.
(4) Every person registered under any of the existing laws, who is not liable to be
registered under the Act may, within thirty days from the appointed day, at his option, submit
an application electronically in FORM GST REG-29 at the Common Portal for cancellation
of the registration granted to him and the proper officer shall, after conducting such enquiry
as deemed fit, cancel the said registration.
18. Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physical verification of the place of business of a
registered person is required after grant of registration, he may get such verification done and
the verification report along with other documents, including photographs, shall be uploaded
in FORM GST REG-30 on the Common Portal within fifteen working days following the
date of such verification.
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Provided that where the mode of authentication of any document is selected as through
aadhaar based electronic verification code, such verification shall be done within two days
of furnishing the said document:
Provided further that a registered person registered under the Companies Act, 2013 (18 of
2013) shall furnish the documents or application verified through digital signature certificate
only.
(2) Each document including the return furnished online shall be signed or verified
through EVC-
(a) in the case of an individual, by the individual himself or where he is absent from India
by some other person duly authorised by him in this behalf, and where the individual is
mentally incapacitated from attending to his affairs, by his guardian or by any other person
competent to act on his behalf;
(b) in the case of a Hindu Undivided Family, by a Karta and where the Karta is absent
from India or is mentally incapacitated from attending to his affairs, by any other adult
member of such family or by the authorised signatory of such Karta;
(c) in the case of a company, by the chief executive officer or authorised signatory thereof;
(d) in the case of a Government or any Governmental agency or local authority, by an
officer authorised in this behalf;
(e) in the case of a firm, by any partner thereof, not being a minor or authorised signatory;
(f) in the case of any other association, by any member of the association or persons or
authorised signatory;
(g) in the case of a trust, by the trustee or any trustee or authorised signatory; or
(h) in the case of any other person, by some person competent to act on his behalf,
or by a person authorised in accordance with the provisions of section 48.
(3) All notices, certificates and orders under these rules shall be issued electronically by
the proper officer or any other officer authorised to issue such notices or certificates or
orders, through digital signature certificate specified under the Information Technology Act,
2000 (21 of 2000).
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1. Tax invoice
Subject to rule 7, a tax invoice referred to in section 31 shall be issued by the registered person containing
the following particulars:-
(a) name, address and GSTIN of the supplier;
(b) a consecutive serial number not exceeding sixteen characters, in one or multiple series,
containing alphabets or numerals or special characters hyphen or dash and slash symbolised
as - and / respectively, and any combination thereof, unique for a financial year;
(c) date of its issue;
(d) name, address and GSTIN or UIN, if registered, of the recipient;
(e) name and address of the recipient and the address of delivery, along with the name of State
and its code, if such recipient is un-registered and where the value of taxable supply is fifty
thousand rupees or more;
(f) HSN code of goods or Accounting Code of services;
(g) description of goods or services;
(h) quantity in case of goods and unit or Unique Quantity Code thereof;
(i) total value of supply of goods or services or both;
(j) taxable value of supply of goods or services or both taking into account discount or
abatement, if any;
(k) rate of tax (central tax, State tax, integrated tax, Union territory tax or cess);
(l) amount of tax charged in respect of taxable goods or services (central tax, State tax,
integrated tax, Union territory tax or cess);
(m) place of supply along with the name of State, in case of a supply in the course of inter-State
trade or commerce;
(n) address of delivery where the same is different from the place of supply;
(o) whether the tax is payable on reverse charge basis; and
(p) signature or digital signature of the supplier or his authorized representative:
Provided that the Commissioner may, on the recommendations of the Council, by notification,
specify -
(i) the number of digits of HSN code for goods or the Accounting Code for services, that a
class of registered persons shall be required to mention, for such period as may be specified in the
said notification, and
(ii) the class of registered persons that would not be required to mention the HSN code for
goods or the Accounting Code for services, for such period as may be specified in the said
notification:
Provided further that where an invoice is required to be issued under clause (f) of sub-section (3) of
section 31, it shall bear the signature or digital signature of the recipient or his authorized
representative:
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Provided also that in case of export of goods or services, the invoice shall carry an endorsement
SUPPLY MEANT FOR EXPORT ON PAYMENT OF INTEGRATED TAX or SUPPLY
MEANT FOR EXPORT UNDER BOND OR LETTER OF UNDERTAKING WITHOUT
PAYMENT OF INTEGRATED TAX, as the case may be, and shall, in lieu of the details specified
in clause (e), contain the following details:
(i) name and address of the recipient;
(ii) address of delivery; and
(iii) name of the country of destination:
Provided also that a registered person may not issue a tax invoice in accordance with the provisions of
clause
(b) of sub-section (3) of section 31 subject to the following conditions, namely:-
(a) the recipient is not a registered person; and
(b) the recipient does not require such invoice, and shall issue a consolidated tax invoice for
such supplies at the close of each day in respect of all such supplies.
4. Bill of supply
A bill of supply referred to in clause (c) of sub-section (3) of section 31 shall be issued by the supplier
containing the following details:-
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6. Refund voucher
A refund voucher referred to in clause (e) of sub-section (3) of section 31 shall contain the following
particulars:
(a) name, address and GSTIN of the supplier;
(b) a consecutive serial number not exceeding sixteen characters, in one or multiple series,
containing alphabets or numerals or special characters -hyphen or dash and slash
symbolised as - and /respectively, and any combination thereof, unique for a financial
year
(c) date of its issue;
(d) name, address and GSTIN or UIN, if registered, of the recipient;
(e) number and date of receipt voucher issued in accordance with provisions of sub- rule 5;
(f) description of goods or services in respect of which refund is made;
(g) amount of refund made;
(h) rate of tax (central tax, State tax, integrated tax, Union territory tax or cess);
(i) amount of tax paid in respect of such goods or services (central tax, State tax, integrated
tax, Union territory tax or cess);
(j) whether the tax is payable on reverse charge basis; and
(k) signature or digital signature of the supplier or his authorized representative.
7. Payment voucher
A payment voucher referred to in clause (g) of sub-section (3) of section 31 shall contain the following
particulars:
(a) name, address and GSTIN of the supplier if registered;
(b) a consecutive serial number not exceeding sixteen characters, in one or multiple series,
containing alphabets or numerals or special characters -hyphen or dash and slash
symbolised as - and /respectively, and any combination thereof, unique for a financial
year
(c) date of its issue;
(d) name, address and GSTIN of the recipient;
(e) description of goods or services;
(f) amount paid;
(g) rate of tax (central tax, State tax, integrated tax, Union territory tax or cess);
(h) amount of tax payable in respect of taxable goods or services (central tax, State tax,
integrated tax, Union territory tax or cess);
(i) place of supply along with the name of State and its code, in case of a supply in the course
of inter-State trade or commerce; and
(j) signature or digital signature of the supplier or his authorized representative.
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Provided that where the Input Service Distributor is an office of a banking company or a financial
institution, including a non-banking financial company, a tax invoice shall include any document in lieu
thereof, by whatever name called, whether or not serially numbered but containing the information as
prescribed above.
(2) Where the supplier of taxable service is an insurer or a banking company or a financial institution,
including a non-banking financial company, the said supplier shall issue a tax invoice or any other
document in lieu thereof, by whatever name called, whether issued or made available, physically or
electronically whether or not serially numbered, and whether or not containing the address of the recipient
of taxable service but containing other information as prescribed under rule 1.
(3) Where the supplier of taxable service is a goods transport agency supplying services in relation to
transportation of goods by road in a goods carriage, the said supplier shall issue a tax invoice or any other
document in lieu thereof, by whatever name called, containing the gross weight of the consignment, name
of the consignor and the consignee, registration number of goods carriage in which the goods are
transported, details of goods transported, details of place of origin and destination, GSTIN of the person
liable for paying tax whether as consignor, consignee or goods transport agency, and also containing other
information as prescribed under rule 1.
(4) Where the supplier of taxable service is supplying passenger transportation service, a tax invoice
shall include ticket in any form, by whatever name called, whether or not serially numbered, and whether or
not containing the address of the recipient of service but containing other information as prescribed under
rule 1.
(5) The provisions of sub-rule (2) or sub-rule (4) shall apply, mutatis mutandis, to the documents issued
under rule 4 or rule 5 or rule 6 or rule 7 or rule 8.
www.caymshah.in # 279
******
www.caymshah.in # 280
The fitment of rates of goods were discussed today during the 14th GST Council meeting held at Srinagar, Jammu & Kashmir. The Council has
broadly approved the GST rates for goods at nil rate, 5%, 12%, 18% and 28% to be levied on certain goods. The information is being uploaded
immediately after the GST Councils decision and it will be subject to further vetting during which the list may undergo some changes.
GST rates for certain goods like textile, footwear, biris, precious metals, etc. are yet to be decided by the GST Council. The footnote below the
table gives the list of such goods.
6. 6 1. All goods - - - -
(Live trees and
other plants;
www.caymshah.in # 291
1. 1001
Wheat and
meslin
2. 1002 Rye
3. 1003 Barley
4. 1004 Oats
5. 1005
Maize
(corn)
6. 1006
Rice
7. 1007
Grain
sorghum
8. 1008
Buckwheat,
millet and
canary seed;
other cereals
such as Jawar,
Bajra, Ragi]
www.caymshah.in # 301
15. 15 - Vegetable fats and oils Animal fats and oils 1. Margarine, Linoxyn -
(Animal and [1507 to 1516] [1501 to 1506] [solidified linseed
vegetable fats and oil]; edible mixtures
oils and their 2. 1507 Soya- 1. 1501 Pig fat or preparations of
cleavage bean oil and its (including lard) and animal or vegetable
products; fractions, whether or poultry fat, other fats or oils or of
www.caymshah.in # 308
21. 21 1. Prasadam 1. Sweetmeats [2106 1. Roasted chicory All goods not specified 1. Extracts, essences
(Miscellaneous [2106] 90] [2101 30] elsewhere and concentrates of
edible supplied by 2. Roasted coffee coffee, and
preparations) religious substitutes [2101 30] 1. 2101 20 Extracts, preparations with a
places like 3. Extracts and essences and basis of these
temples, essences thereof concentrates of tea extracts, essences or
mosques, [2101 30] or mate, and concentrates or with
churches, 4. Yeasts and prepared preparations with a a basis of coffee (i.e.
gurudwaras, baking powders basis of these instant coffee, coffee
dargahs, etc. [2102] extracts, essences or aroma, etc.) [2101]
5. Texturised vegetable concentrates or with a 2. Mixed condiments and
proteins (soya bari) basis of tea or mate mixed seasonings;
[2106]. (i.e. instant tea, quick mustard flour and
www.caymshah.in # 317
44
www.caymshah.in # 324
27. 27 - 1. Coal; briquettes, 1. Bio-gas All goods not specified 1. Avgas [2710]
(Mineral fuels, ovoids and similar elsewhere
mineral oils and solid fuels
products of their manufactured from 1. 2707 Oils and
distillation; coal [2701] other products of the
bituminous 2. Lignite, whether or distillation of high
substances; not agglomerated, temperature coal tar;
mineral waxes) excluding jet. [2702] similar products in
3. Peat (including peat which the weight of
litter), whether or the aromatic
not agglomerated constituents exceeds
[2703] that of the non-
4. Coke and semi coke aromatic
of coal, of lignite or constituents, such as
of peat, whether or Benzole (benzene),
not agglomerated; Toluole (toluene),
retort carbon [2704] Xylole (xylenes),
Naphthelene
www.caymshah.in # 331
38. 38 1. Municipal - 1. Silicon wafers 1. Artificial graphite; All goods not specified
(Miscellaneous waste, sewage [3818] colloidal or semi- elsewhere
chemical sludge, clinical colloidal graphite; 1. 3811 Anti-knock
products) waste preparations based on preparations,
graphite or other oxidation inhibitors,
carbon in the form of gum inhibitors,
pastes, blocks, plates viscosity improvers,
or other semi- anti-corrosive
manufactures [3801] preparations and other
2. Activated carbon; prepared additives, for
activated natural mineral oils (including
mineral products; gasoline) or for other
animal black, liquids used for the
including spent same purposes as
animal black [3802] mineral oils.
3. Tall oil, whether or 2. 3813 Preparations and
not refined [3803]. charges for fire-
4. Residual lyes from extinguishers; charged
the manufacture of fire-extinguishing
wood pulp, whether grenades.
or not concentrated, 3. 3814 Organic
desugared or composite solvents
chemically treated, and thinners, not
including lignin elsewhere specified or
sulphonates [3804] included; prepared
www.caymshah.in # 370
44. 44 1. Firewood or 1. Wood in chips or All goods not specified 1. Wood in the rough
(Wood and fuel wood particles; sawdust elsewhere [4403] 1. Particle board,
articles of wood, [4401] and wood waste and 2. Wood sawn or Oriented Strand
wood charcoal) 2. Wood charcoal scrap, whether or not 1. 4404 Hoopwood; chipped [4407] Board (OSB) and
(including agglomerated in split poles; piles, 3. All goods [other similar board (for
shell or nut logs, briquettes, pickets and stakes of than for match example, wafer board)
charcoal), pellets or similar wood, pointed but splints] [4408] of wood or other
whether or not forms [4401] not sawn lengthwise; 4. Wood (including ligneous materials,
agglomerated wooden sticks, strips and friezes for whether or not
[4402] roughly trimmed but parquet flooring, not agglomerated with
not turned, bent or assembled) resins or other organic
otherwise worked, continuously shaped binding substances,
www.caymshah.in # 387
48. 48 1. Judicial, Non- 1. Newsprint, in rolls 1. Uncoated paper and All goods not specified 1. Wall paper and similar
(Paper and judicial stamp or sheets [4801] paperboard, uncoated elsewhere wall coverings [4814]
paperboard; papers, Court kraft paper,
articles of paper fee stamps greaseproof paper, 1. 4803 Toilet or
pulp, of paper or when sold by glassine paper, facial tissue stock,
of paperboard) the composite paper etc. towel or napkin
Government [4802, 4804, 4805, stock and similar
Treasuries or 4806 20 00, 4806 40 paper of a kind used
Vendors 10, 4807, 4808, 4810, for household or
authorized by 4817] sanitary purposes,
the 2. Aseptic packaging cellulose wadding
paper [4811]
www.caymshah.in # 394
73. 73 - - 1. Mathematical boxes, All goods not specified 1. Stoves [other than
(Articles of iron geometry boxes and elsewhere kerosene stove and
or steel) colour boxes, pencil LPG stoves], ranges,
sharpeners [7310 or 1. 7301 Sheet grates, cookers
7326] piling of iron or steel, (including those with
2. Animal shoe nails whether or not subsidiary boilers for
[7317] drilled, punched or central heating),
3. Utensils [7323] made from assembled barbecues, braziers,
4. Sewing needles elements; welded gas-rings, plate
[7319] angles, shapes and warmers and similar
5. Kerosene burners, sections, of iron or non-electric domestic
kerosene stoves and steel. appliances, and parts
wood burning stoves 2. 7302 Railway thereof, of iron or steel
of iron or steel or tramway track [7321]
[7321] construction material 2. Radiators for central
6. Table or kitchen or of iron or steel, the heating, not
other household following: rails, electrically heated,
articles of iron & check-rails and rack and parts thereof, of
steel [7323] rails, switch blades, iron or steel; air
crossing frogs, point heaters and hot air
rods and other distributors (including
www.caymshah.in # 421
74. 74 - - 1. Utensils [7418] All goods not specified 1. All goods other than
(Copper and 2. Table or kitchen or elsewhere utensils i.e. sanitary
articles thereof) other household ware and parts thereof
articles of copper 1. 7401 Copper of copper [7418]
[7418] mattes; cement 2. Other articles of
copper (precipitated copper [including
copper). chain and parts thereof
2. 7402 Unrefined under 7419 10 and
copper; copper other articles under
anodes for 7419 99] but not
electrolytic refining. including metal
3. 7403 Refined castings under 7419
copper and copper 91 00 [7419]
alloys, unwrought.
4. 7404 Copper
waste and scrap.
www.caymshah.in # 429
77. 77 (blank in
tariff)
78. 78 - - - All goods -
(Lead and articles 1. 7801 Unwrought
thereof) lead.
2. 7802 Lead
waste and scrap.
3. 7803 Blank in
Tariff
www.caymshah.in # 435
82. 82 1. Agricultural - 1. Pencil sharpeners All goods not specified 1. Razors and razor
(Tools, implements and blades thereof elsewhere blades (including
implements, manually [8214] razor blade blanks in
cutlery, spoons operated or 2. Knives with cutting 1. 8203 Files, strips) [8212]
and forks of base animal driven blades, serrated or rasps, pliers 2. Other articles of
metal; parts [8201] not (including (including cutting cutlery (for example,
thereof of base 2. Hand tools, pruning knives), pliers), pincers, hair clippers, butchers'
metal) such as spades, other than knives of tweezers, metal or kitchen cleavers,
shovels, heading 8208, and cutting shears, pipe- choppers and mincing
mattocks, blades therefor cutters, bolt croppers, knives,); manicure or
picks, hoes, [8211] perforating punches pedicure sets and
forks and 3. Paper knives [8114] and similar hand instruments (including
rakes; axes, bill tools. nail files); other than
hooks and paper knives, pencil
www.caymshah.in # 438
84. 84 1. Handloom 1. Hand pumps and 1. Nuclear fuel All goods not specified 1. Spark-ignition
(Nuclear reactors, parts thereof [8413, elements [8401] elsewhere. reciprocating or rotary
boilers, 8414 90] 2. Power driven pumps internal combustion
machinery and 2. Solar water heater primarily designed 1. Nuclear reactors; fuel piston engine [8407]
mechanical and system [8419 for handling water, elements (cartridges), 2. Compression-ignition
appliances; parts 19] namely, centrifugal non-irradiated, for internal combustion
thereof) 3. Renewable energy pumps (horizontal nuclear reactors; piston engines (diesel
devices & spare and vertical), deep machinery and or semi-diesel
parts for their tube-well turbine apparatus for isotopic engines) [8408]
manufacture pumps, submersible separation [8401] 3. Parts suitable for use
a) Bio-gas plant pumps, axial flow 2. Steam or other solely or principally
b) Solar power and mixed flow vapour generating with the engines of
based devices vertical pumps boilers (other than heading 8407 or 8408
c) Solar power [8413] central heating hot [8409]
generating 3. Bicycle pumps, hand water boilers capable 4. Pumps for dispensing
system pumps etc. [8414 20 also of producing low fuel or lubricants of
d) Wind mills 10, 8414 20 20 or pressure steam); the type used in filling
and wind 8414 90 12]. super-heated water stations or garages
operated 4. Milking machines boilers [8402] under 8413 11(except
electricity and dairy machinery 3. Central heating hand pumps under
generator [8434] boilers other than 8413 11 10), Fuel,
5. Sewing machines those of heading lubricating or cooling
[8452] 8402 [8403] medium pumps for
www.caymshah.in # 444
87. 87 - 1. 8713 Carriages for 1. Tractors (except road 1. Cars for physically All goods not specified
(Vehicles other disabled persons, tractors for semi- handicapped persons elsewhere.
than railway or whether or not trailers of engine [8703]
tramway rolling- motorised or capacity more than 2. Refrigerated motor 1. 8702 Motor
stocks, and parts otherwise 1800 cc) [8701] vehicles [8704] vehicles for the
and accessories mechanically 2. Electrically operated transport of ten or
thereof) propelled. vehicles, including more persons,
two and three including the driver.
wheeled electric 2. 8703 Motor cars
motor vehicles. and other motor
3. Bicycles and other vehicles principally
cycles (including designed for the
delivery tricycles), transport of persons
not motorised (other than those of
[8712], heading 8702),
4. Parts and accessories including station
of bicycles and other wagons and racing
www.caymshah.in # 466
88. 88 1. Spacecraft 1. 8802 - Other aircraft - 1. Balloons and All goods not specified
(Aircraft; (including (for example, dirigibles, gliders and elsewhere.
spacecraft and satellites) and helicopters, other non-powered
parts thereof) suborbital and aeroplanes), other aircraft [8801]. 1. 8802 Aircrafts for
spacecraft than those for 2. Parachutes (including personal use
launch vehicles personal use dirigible parachutes
[8802 60 00] 2. 8803 Parts of and paragliders) and
2. 8803 Parts of goods of heading rotochutes; parts
goods of 8802 thereof and
heading 8801 accessories thereto
and parts thereof
[8804].
3. Aircraft launching
gear, deck arrestor or
similar gear; ground
flying trainers and
parts thereof [8805]
89. 89 - All goods not specified - 1. Vessels and other 1. Yachts and other
(Ships, boats and elsewhere. floating structures for vessels for pleasure or
floating breaking up sports; rowing boats
structures) 1. 8901 Cruise [89080000] and canoes [8903]
ships, excursion including floating
boats, ferry-boats, structure used for
cargo ships, barges casinos etc.
www.caymshah.in # 470
90. 90 1. Hearing aids 1. Coronary stents and 1. Spectacle lenses, 1. [9001] Optical 1. [9004] Goggles (other
(Optical, [9021]. coronary stent contact lens [9001] fibres and optical than corrective.
photographic, systems for use with 2. Blood glucose fibre bundles; 2. [9005] Binoculars,
cinematographic, cardiac catheters. monitoring system optical fibre cables monoculars, other
measuring, 2. Artificial kidney (Glucometer) and other than those of optical telescopes, and
checking, 3. Disposable sterilized test strips. heading 8544; sheets mountings therefor;
precision, dialyzer or 3. Patent Ductus and plates of other astronomical
medical or microbarrier of Arteriousus. polarising material; instruments and
surgical artificial kidney 4. Mathematical prisms, mirrors and mountings therefor,
instruments and 4. Parts of the calculating other optical but not including
apparatus; parts following goods, instruments and elements, of any instruments for radio-
and accessories namely:- (i) pantographs [9017]. material, unmounted, astronomy.
thereof) Crutches; (ii) Wheel 5. Drawing other than such 3. [9006] Photographic
chairs; (iii) Walking instruments, Other elements of glass not (other than
frames; (iv) drawing and marking optically worked cinematographic)
Tricycles; (v) cameras; photographic
www.caymshah.in # 472
94. 94 - 1. Kerosene pressure 1. Hurricane lanterns, 1. Medical, surgical, All goods not specified
(Furniture; lantern [9405 50 31] Kerosene lamp/ dental or veterinary elsewhere.
bedding, 2. Parts of kerosene lantern, petromax, furniture (for
mattresses, pressure lanterns glass chimney, example, operating 1. 9401 Seats
mattress including gas accessories & tables, examination (other than those of
supports, mantles [9405 91 00, components thereof tables, hospital beds heading 9402),
cushions and 9405 92 00 or 9405 [9405, 9405 50 31]. with mechanical whether or not
similar stuffed 99 00] 2. LED lights or fittings, dentists' convertible into beds,
furnishings; fixtures including chairs); barbers' and parts thereof.
lamps and LED lamps [9405]. chairs and similar 2. 9403 Other
lighting fittings, 3. LED (light emitting chairs, having furniture and parts
not elsewhere diode) driver and rotating as well as thereof
specified or MCPCB (Metal Core both reclining and 3. 9404 Mattress
included; Printed Circuit elevating supports; articles of
illuminated signs, Board) [9405]. movements; parts of bedding and similar
illuminated 4. Coir products the foregoing articles furnishing (for
name-plates and [except coir [9402]. example, mattresses,
the like; mattresses] [9404]. 2. Coir mattresses, quilts, eiderdowns,
prefabricated 5. Products wholly cotton pillows, cushions, pouffes and
buildings) made of quilted mattress and quilts pillows) fitted with
textile materials [9404]. springs or stuffed or
[9404]. 3. 9406 Prefabricated internally fitted with
buildings. any material or of
cellular rubber or
plastics, whether or
not covered.
www.caymshah.in # 484
95. 95 - - 1. Sports goods other 1. Electronic Toys like All goods not specified
(Toys, games and than articles and tricycles, scooters, elsewhere.
sports requisites; equipments for pedal cars etc.
parts and general physical (including parts and 1. 9501, 9502 Balnk in
accessories exercise [9506] accessories thereof) Tariff.
thereof) 2. Toys like tricycles, [9503]. 2. 9504 Video
scooters, pedal cars games consoles and
etc. (including parts Machines
and accessories 3. 9505 Festive, carnival
thereof) [other than or other entertainment
electronic toys] articles, including
[9503].
www.caymshah.in # 485
96. 96 1. Slate pencils 1. Broomsticks and 1. Combs, hair pins 1. Buttons, of plastics All goods not specified
(Miscellaneous [9609] and Muddhas made of [9615 all goods] not covered with the elsewhere.
manufactured chalk sticks. sarkanda, phool 2. Pens [other than textile material, of
articles) 2. Slates [9610 00 bahari jhadoo (9603 Fountain pens, base metals, buttons 1. 9601 Worked ivory,
00] 10 00)] stylograph pens] of coconut shell, bone, tortoise-shell,
[9608]. button blanks [9606 horn, antlers, coral,
www.caymshah.in # 486
98. 98 9803 Passenger 1. 9804 Specified 1. 9804 Other Drugs All goods. 1. 9804 All dutiable
(Project imports, baggage Drugs and medicines and medicines articles intended for
laboratory [i.e. List, 1 of intended for personal 1. 9801 All items of personal use
chemicals, notification use. machinery including
passengers No.12/2012-Central prime movers,
baggage, Excise, dated instruments,
personal 17.03.2012 and List apparatus and
importation, ship 3, 4 of notification appliances, control
stores) No.12/2012- gear and transmission
Customs, dated equipment, auxiliary
17.03.2012] equipment (including
intended for those required for
personal use. research and
development
purposes, testing and
quality control), as
well as all
components (whether
finished or not) or
raw materials for the
manufacture of the
aforesaid items and
their components,
required for the initial
setting up of a unit, or
www.caymshah.in # 491
Note:
The fitment of rates of goods were discussed today during the 14th GST Council meeting held at
Srinagar, Jammu & Kashmir. The Council has broadly approved the rates of GST Compensation Cess
to be levied on certain goods. The information is being uploaded immediately after the GST Councils
decision and it will be subject to further vetting during which the list may undergo some changes.
*****
www.caymshah.in # 496
ADDENDUM TO THE GST RATE SCHEDULE FOR GOODS
[As per discussions in the GST Council Meeting held on 18th May, 2017]
*****
www.caymshah.in # 497
ADDENDUM TO THE GST RATE SCHEDULE FOR GOODS
[As per discussions in the GST Council Meeting held on 3rd June, 2017]
The following amendments / additions are required to be made to the aforesaid document:
1. In Chapter 15, in the 18% rate column, the part entry from 1517 relating to edible
mixtures of vegetable fats or oils, that is edible mixtures or preparations of vegetable
fats or vegetable oils or of fractions of different vegetable fats or vegetable oils of this
Chapter, other than edible fats or oils or their fractions of heading 1516 [1517] may
be shifted to the 5% rate column [wherein all vegetable fats and vegetable oils at 5%].
[This will ensure that mixtures of two or more varieties of edible vegetable oils fall at
5%.]
2. In Chapter 29, in the 18% rate column, after the entry No 39 the following entries
shall be inserted,
(i) 40 - 2939 Alkaloids, natural or reproduced by synthesis, and their salts,
ethers, esters and other derivatives
(ii) 41 - 2940 Sugars, chemically pure, other than sucrose, lactose, maltose,
glucose and fructose; sugar ethers, sugar acetals and sugar esters, and their
salts, other than products of headings 2937, 2938 or 2939
(iii) 42 - 2941 Antibiotics
(iv) 43 - 2942 Other organic compounds
All goods falling under chapter 29 [organic chemicals, being intermediates] are at
18%
[These were omissions]
3. In Chapter 31, in the 5% rate column, the entries 3101 Organic manure put up in unit
containers and bearing a brand name may be added. [3101 Organic manure other
than put up in unit containers and bearing a brand name is at Nil]. [This was an
omission.]
4. In Chapter 34, in the 28% rate column, the entry 3404 Artificial waxes and prepared
waxes may be omitted. These goods [being in the nature of intermediates] are
covered in the 18% rate column. [By mistake it was appearing in 28% also.]
5. In Chapter 38, in the 18% rate column, for the entry No 18 the entry 3823 Industrial
monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols shall be
substituted. [There is typographical error in the description.]
6. In Chapter 40,
(i) in the 12% rate column, the entry 4 - Erasers [4016]. may be added.
(ii) in the 18% rate column, the entry No. 12 Erasers [4016]. may be omitted.
[Mathematical boxes, geometry boxes and colour boxes, pencil sharpeners
(7310 or 7326) and Pencils, crayons (9609) are at 12%].
www.caymshah.in # 498
ADDENDUM TO THE GST RATE SCHEDULE FOR GOODS
[As per discussions in the GST Council Meeting held on 3rd June, 2017]
7. In Chapter 48, in the 18% rate column, for the part entry in 4811 i.e. for the words
[Other aseptic packaging paper and, the words [other than aseptic packaging
paper] shall be substituted. [Aseptic packaging paper 4811 is covered in the 12%
rate column. There was a small mistake of missing word, than after other.]
8. In Chapter 69,-
(i) In the 28% rate column, the entry 6903 Other refractory ceramic goods (for
example, retorts, crucibles, muffles, nozzles, plugs, supports, cupels, tubes,
pipes, sheaths and rods), other than those of siliceous fossil meals or of similar
siliceous earths may be omitted [This entry is covered in the 18% rate
column as all goods of 6903].
(ii) In the 28% rate column, the entry 6908 Glazed ceramic flags and paving,
hearth or wall tiles; glazed ceramic mosaic cubes and the like, whether or not
on a backing may be omitted [This tariff heading has been omitted from the
Central Excise Tariff with effect from 01.01.2017. This entry is now covered
in the entry 6907, which is also in the 28% rate column].
9. In Chapter 70,
(i) In the 18% rate column, in the entry against 7018, Glass beads may be
omitted.
(ii) In the 5% rate column, the entry 7018 Glass beads may be inserted.
[Glass beads are covered as part of Embroidery or zari articles in the 5%
rate column under chapter 58.]
11. In the 18% rate column, after entry No 13 the entry 13A - machinery for cleaning or
drying bottles or other containers; machinery for filling, closing, sealing or labelling
bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars,
tubes and similar containers; other packing or wrapping machinery (including heat-
shrink wrapping machinery); machinery for aerating beverages [8422 20 00, 8422 30
www.caymshah.in # 499
ADDENDUM TO THE GST RATE SCHEDULE FOR GOODS
[As per discussions in the GST Council Meeting held on 3rd June, 2017]
00, 8422 40, 8522 90] shall be inserted. [These are capital goods and are not listed in
in the 18% rate column].
13. In Chapter 90, in the 18% rate column, the entry 9032 Automatic regulating or
controlling instruments and apparatus may be inserted [this entry is not listed in the
18% rate column].
15. In Chapter 95, in the 28% rate column the entry 9506 Articles and equipment for
general physical exercise, gymnastics, athletics, other sports (including table-tennis)
or outdoor games, not specified or included elsewhere in this chapter; swimming
pools and paddling pools may be substituted by the entry 9506 Articles and
equipment for general physical exercise, gymnastics, athletics. [Sports goods in
general are at 12%].
16. In Chapter 96, in the 12% rate column, the entry Pencils, crayons, pastels, drawing
charcoals, writing or drawing chalks and tailors chalk [9609] may be read as
www.caymshah.in # 500
ADDENDUM TO THE GST RATE SCHEDULE FOR GOODS
[As per discussions in the GST Council Meeting held on 3rd June, 2017]
Pencils, crayons, pastels, drawing charcoals and tailors chalk [9608, 9609]
[propelling or sliding pencils are covered under 9608. Chalk sticks are at Nil.].
*****
www.caymshah.in # 501
23. 71 1. All goods of Chapter 71 [other than rough diamond (7102)] will attract 3%.
(Natural or cultured
pearls, precious or 7101 Pearls, natural or cultured, whether or not worked or graded but not strung, mounted or set; Pearls, natural or cultured,
semi-precious temporarily strung for convenience of transport.
stones, precious 7102 Diamonds, whether or not worked, but not mounted or set [other than rough diamonds].
metals, metals clad 7103 Precious stones (other than diamonds) and semi-precious stones, whether or not worked or graded but not strung,
with precious metal, mounted or set; ungraded precious stones (other than diamonds) and semi-precious stones, temporarily strung for convenience
and articles thereof; transport.
imitation jewellery; 7104 Synthetic or reconstructed precious or semi-precious stones, whether or not worked or graded but not strung, mounted
coin) or set; Ungraded synthetic or reconstructed precious stones, temporarily strung for convenience of transport.
7105 Dust and powder of natural or synthetic precious or semi - precious stones.
7106 Silver (including silver plated with gold or platinum), unwrought or in semi - manufactured forms, or in powder form.
7107 Base metals clad with silver, not further worked than semi manufactured.
7108 Gold (including gold plated with platinum) unwrought or in semi - manufactured forms, or in powder form.
7109 Base metals or silver, clad with gold, not further worked than semi manufactured.
7110 Platinum, unwrought or in semi - manufactured form, or in powder form.
7111 Base metals, silver or gold, clad with platinum, not further worked than semi-manufactured.
7112 Waste and scrap of precious metals, of metal clad with precious metal.
7113 Articles of jewellery and parts thereof, of precious metal or of metal clad with precious metal.
7114 Articles of goldsmiths' or silversmiths' wares and parts thereof, of precious metal or of metal clad with precious metal.
7115 Other articles of precious metal or of metal clad with precious metal.
7116 Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or re-constructed).
7117 Imitation jewellery.
www.caymshah.in # 524
26. Any Chapter 1. 50% concession from applicable GST rate on supplies to Canteen Stores Department [with no concession from
[Supplies to Canteen Compensation Cess], which will be refunded to the CSD [under section 55 of the CGST/SGST Act].
Stores Department 2. Exemption from GST on supplies [sales] made by CSD to Unit Run Canteens and on supplies [sales] made by CSD or
(CSD)] Unit Run Canteens to final consumer.
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IGST Exemptions/Concessions under GST
[As per discussions in the GST Council Meeting held on 18th/19th May, 2017]
For (a), for goods exported prior to 1st of July, the repayment will
go to Centre in CVD account.
For exports after 1st July, the IGST paid will be apportioned.
II. Exemption for goods in transit to and from Nepal Bhutan [land locked
countries] Notification No 38/96 Customs.
IV. Exemption from IGST on imports by a SEZ unit or SEZ developer for authorized
operations
V. Exemption from IGST from bonafide passenger baggage and transfer of residence
******
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Sub section (1) of section 10 read with sub-section (2) of the same section of the Central
Goods and Services Tax Act, 2017 [CGST Act] provides that an eligible registered person,
whose aggregate turnover in the preceding financial year did not exceed Rs.50 lakh, may opt
to pay, in lieu of the tax payable by him, an amount calculated at the rate of:
1. 1% of turnover in State or turnover in Union Territory in case of a manufacturer;
2. 2.5% of turnover in State or turnover in Union Territory in case of persons engaged in
making supplies referred to in Paragraph 6(b) of Schedule II to the CGST Act; and
3. 0.5% of turnover in State or turnover in Union Territory in case of other suppliers.
2. The said sub-section also provides that the said limit may be increased upto Rs.1 crore
on the recommendations of the GST Council.
3. The GST Council, in its meeting held on 11th June, 2017, has recommended increase in
the aforesaid turnover limit for Composition Levy for CGST and SGST purposes from Rs.50
lakh to Rs.75 lakh in respect of all eligible registered persons, referred to in the aforesaid sub-
section. However, whether the same increased turnover limit for Composition levy will apply
in case of Special Category States or not will be decided in the next GST Council meeting.
******
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Services provided by Hotels, INN, Guest House, Club etc including Room services,
996332
takeaway services and door delivery of food.
Preparation and/or supply services of food, edible preparations, alchoholic & non-
996336
alchocholic beverages to airlines and other transportation operators
996337 Other contract food services
Other food, edible preparations, alchoholic & non-alchocholic beverages serving
996339
services n.e.c.
Heading No. 9966 Rental services of transport vehicles with or without operators
Group 99660 Rental services of transport vehicles with or without operators
Rental services of road vehicles including buses, coaches, cars, trucks and other
996601
motor vehicles, with or without operator
Rental services of water vessels including passenger vessels, freight vessels etc with
996602
or without operator
Rental services of aircraft including passenger aircrafts, freight aircrafts etc with or
996603
without operator
www.caymshah.in # 548
Heading No. 9969 Electricity, gas, water and other distribution services
Group 99691 Electricity and gas distribution services
996911 Electricity transmission services
996912 Electricity distribution services
996913 Gas distribution services
Section 7: Financial and related services; real estate services; and rental and leasing services
Group 99715 Services auxiliary to financial services (other than to insurance and pensions)
Services related to investment banking such as mergers & acquisition services,
997151
corporate finance & venture capital services
Brokerage and related securities and commodities services including commodity
997152
exchange services
997153 Portfolio management services except pension funds
997154 Trust and custody services
997155 Services related to the administration of financial markets
997156 Financial consultancy services
997157 Foreign exchange services
997158 Financial transactions processing and clearing house services
997159 Other services auxiliary to financial services
Group 99733 Licensing services for the right to use intellectual property and similar products
997331 Licensing services for the right to use computer software and databases.
Licensing services for the right to broadcast and show original films, sound recordings,
997332
radio and television programme etc.
997333 Licensing services for the right to reproduce original art works
Licensing services for the right to reprint and copy manuscripts, books, journals and
997334
periodicals.
997335 Licensing services for the right to use R&D products
997336 Licensing services for the right to use trademarks and franchises
997337 Licensing services for the right to use minerals including its exploration and evaluation
Licensing services for right to use other natural resources including
997338
telecommunication spectrum
Licensing services for the right to use other intellectual property products and other
997339
rescources n.e.c
998113 Research and experimental development services in medical sciences and pharmacy.
998114 Research and experimental development services in agricultural sciences.
Heading no.9986 Support services to agriculture, hunting, forestry, fishing, mining and utilities.
Group 99861 Support services to agriculture, hunting, forestry and fishing
www.caymshah.in # 557
Heading no. 9987 Maintenance, repair and installation (except construction) services
Maintenance and repair services of fabricated metal products, machinery and
Group 99871
equipment
Maintenance and repair services of fabricated metal products, except machinery and
998711
equipment.
998712 Maintenance and repair services of office and accounting machinery
998713 Maintenance and repair services of computers and peripheral equipment
998714 Maintenance and repair services of transport machinery and equipment
998715 Maintenance and repair services of electrical household appliances
998716 Maintenance and repair services of telecommunication equipments and apparatus
998717 Maintenance and repair services of commercial and industrial machinery.
998718 Maintenance and repair services of elevators and escalators
998719 Maintenance and repair services of other machinery and equipments
Heading no. 9988 Manufacturing services on physical inputs (goods) owned by others
Group 99881 Food, beverage and tobacco manufacturing services
998811 Meat processing services
998812 Fish processing services
998813 Fruit and vegetables processing services
998814 Vegetable and animal oil and fat manufacturing services
998815 Dairy product manufacturing services
998816 Other food product manufacturing services
998817 Prepared animal feeds manufacturing services
998818 Beverage manufacturing services
998819 Tobacco manufacturing services n.e.c.
Group 99885 Rubber, plastic and other non-metallic mineral product manufacturing service
998851 Rubber and plastic product manufacturing services
998852 Plastic product manufacturing services
998853 Other non-metallic mineral product manufacturing services
Group 99887 Fabricated metal product, machinery and equipment manufacturing services
www.caymshah.in # 559
Group 99893 Casting, forging, stamping and similar metal manufacturing services
998931 Iron and steel casting services
998932 Non-ferrous metal casting services
998933 Metal forging, pressing, stamping, roll forming and powder metallurgy services
Section 9 : Community, Social & Personal Services and other miscellaneous services
www.caymshah.in # 560
Group 99929 Other education & training services and educational support services
999291 Cultural education services
999292 Sports and recreation education services
999293 Commercial training and coaching services
999294 Other education and training services n.e.c.
999295 services involving conduct of examination for admission to educational institutions
999299 Other Educational support services
Group 99932 Residential care services for the elderly and disabled
999321 Residential health-care services other than by hospitals
999322 Residential care services for the elderly and persons with disabilities
Group 99934 Social services without accommodation for the elderly and disabled
999341 Vocational rehabilitation services
999349 Other social services without accommodation for the elderly and disabled n.e.c.
Sewage and waste collection, treatment and disposal and other environmental
Heading no.9994
protection services
Group 99941 Sewerage, sewage treatment and septic tank cleaning services
999411 Sewerage and sewage treatment services
999412 Septic tank emptying and cleaning services
Performing arts and other live entertainment event presentation and promotion
Group 99962
services
999621 Performing arts event promotion and organization services
999622 Performing arts event production and presentation services
999623 Performing arts facility operation services
999629 Other performing arts and live entertainment services n.e.c.
Sl.
DESCRIPTION OF SERVICES GST RATE
No.
1. Transport of goods by rail 5%
with ITC of input
services
2. Transport of passengers by rail (other than sleeper class) 5%
with ITC of input
services
3. Services of goods transport agency (GTA) in relation to transportation of goods 5%
[other than used household goods for personal use] No ITC
4. Services of goods transport agency in relation to transportation of used household 5%
goods for personal use. No ITC
5. Transport of goods in a vessel including services provided or agreed to be provided 5%
by a person located in non-taxable territory to a person located in non-taxable with ITC of input
territory by way of transportation of goods by a vessel from a place outside India services
up to the customs station of clearance in India
6. Renting of motorcab 5%
(If fuel cost is borne by the service recipient, then 18% GST will apply) No ITC
7. Transport of passengers, by- 5%
(i) Air conditioned contract/stage carriage other than motorcab; No ITC
(ii) a radio taxi.
8. Transport of passengers by air in economy class 5%
with ITC of input
services
9. Transport of passengers, with or without accompanied belongings, by air, 5%
embarking from or terminating in a Regional Connectivity Scheme Airport. with ITC of input
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1. Services by Government or a local authority excluding the following services
(i) services by the Department of Posts by way of speed post, express parcel post, life insurance, and
agency services provided to a person other than Government;
(ii) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport;
(iii) transport of goods or passengers; or
(iv) any service, other than services covered under clauses (i) to (iii) above, provided to business entities.
2. Services by the Reserve Bank of India
4. Services relating to cultivation of plants and rearing of all life forms of animals, except the rearing of
horses, for food, fibre, fuel, raw material or other similar products or agricultural produce by way of
(i) agricultural operations directly related to production of any agricultural produce including
cultivation, harvesting, threshing, plant protection or testing or
(ii) supply of farm labour;
(iii) processes carried out at an agricultural farm including tending, pruning, cutting, harvesting,
drying, cleaning, trimming, sun drying, fumigating, curing, sorting, grading, cooling or bulk
packaging and such like operations which do not alter the essential characteristics of agricultural
produce but make it only marketable for the primary market;
(iv) renting or leasing of agro machinery or vacant land with or without a structure incidental to its use;
(v) loading, unloading, packing, storage or warehousing of agricultural produce;
(vi) agricultural extension services;
(vii) services by any Agricultural Produce Marketing Committee or Board or services provided by a
commission agent for sale or purchase of agricultural produce.
5. Service by way of access to a road or a bridge on payment of toll charges
6. Transmission or distribution of electricity by an electricity transmission or distribution utility
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7. Services by way of renting of residential dwelling for use as residence
8. Services by way of
(i) extending deposits, loans or advances in so far as the consideration is represented by way of interest
or discount (other than interest involved in credit card services);
(ii) inter se sale or purchase of foreign currency amongst banks or authorised dealers of foreign
exchange or amongst banks and such dealers;
9. Services by way of transportation of goods
(i) by road except the services of
(A) a goods transportation agency; or
(B) a courier agency;
(ii) by inland waterways;
10. Services provided to the United Nations or a specified international organization.
Exemption may be notified by way of issuing notification under section 55 of CGST/SGST Act.
11. Services provided by operators of the Common Bio-medical Waste Treatment Facility to a clinical
establishment by way of treatment or disposal of bio-medical waste or the processes incidental thereto;
12. Services by a veterinary clinic in relation to health care of animals or birds;
13. Services by an entity registered under section 12AA of the Income tax Act, 1961 (43 of 1961) by way of
charitable activities;[Charitable activities may be defined as presently in notification No 25/2012-ST.
14. Services by a specified organisation in respect of a religious pilgrimage facilitated by the Ministry of
External Affairs of the Government of India, under bilateral arrangement;
15. Services provided by-
(a) an arbitral tribunal to -
(i) any person other than a business entity; or
(ii) a business entity with a turnover up to rupees twenty lakh (ten lakh rupees in a special category state)
in the preceding financial year;
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(b) a partnership firm of advocates or an individual as an advocate other than a senior advocate, by way of
legal services to-
(i) an advocate or partnership firm of advocates providing legal services;
(ii) any person other than a business entity; or
(iii) a business entity with a turnover up to rupees twenty lakh (ten lakh rupees in a special category state) in
the preceding financial year; or
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Diploma in Management, to which admissions are made on the basis of Common Admission Test
(CAT), conducted by Indian Institute of Management;
(b) fellow programme in Management;
(c) five year integrated programme in Management.
18. Services provided to a recognized sports body by-
(a) an individual as a player, referee, umpire, coach or team manager for participation in a sporting event
organized by a recognized sports body;
(b) another recognised sports body;
19. Services by an artist by way of a performance in folk or classical art forms of (i) music, or (ii)dance, or
(iii)theatre, if the consideration charged for such performance is not more than one lakh and fifty
thousand rupees:
Provided that the exemption shall not apply to service provided by such artist as a brand ambassador;
20. Services by way of collecting or providing news by an independent journalist, Press Trust of India or
United News of India;
21. Services by way of giving on hire -
(a) to a state transport undertaking, a motor vehicle meant to carry more than twelve passengers; or
(b) to a goods transport agency, a means of transportation of goods;
22. Transport of passengers, with or without accompanied belongings, by -
(a) air, embarking from or terminating in an airport located in the state of Arunachal Pradesh, Assam,
Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, or Tripura or at Bagdogra located in West Bengal;
(b) non-airconditioned contract carriage other than radio taxi, for transportation of passengers, excluding
tourism, conducted tour, charter or hire; or
(c) stage carriage other than air-conditioned stage carriage
23. Services of life insurance business provided by way of annuity under the National Pension System
regulated by Pension Fund Regulatory and Development Authority of India (PFRDA) under the Pension
Fund Regulatory And Development Authority Act, 2013 (23 of 2013)
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24. Services of life insurance business provided or agreed to be provided by the Army, Naval and Air Force
Group Insurance Funds to members of the Army, Navy and Air Force, respectively, under the Group
Insurance Schemes of the Central Government
25. Services provided by an incubatee up to a total turnover of fifty lakh rupees in a financial year subject to
the following conditions, namely:-
(a) the total turnover had not exceeded fifty lakh rupees during the preceding financial year; and
(b) a period of three years has not been elapsed from the date of entering into an agreement as
an incubatee;
26. Service by an unincorporated body or a non- profit entity registered under any law for the time being in
force, to its own members by way of reimbursement of charges or share of contribution -
(a) as a trade union;
(b) for the provision of carrying out any activity which is exempt from the levy of GST; or
(c) up to an amount of five thousand rupees per month per member for sourcing of goods or services
from a third person for the common use of its members in a housing society or a residential complex;
27. Services by an organiser to any person in respect of a business exhibition held outside India;
29. Services received from a provider of service located in a non- taxable territory by -
(a) Government, a local authority, a governmental authority or an individual in relation to any purpose
other than commerce, industry or any other business or profession;
(b) an entity registered under section 12AA of the Income tax Act, 1961 (43 of 1961) for the purposes of
providing charitable activities; or
(c) a person located in a non-taxable territory;
Provided that the exemption shall not apply to
(i) online information and database access or retrieval services received by persons specified in clause (a)or
clause (b); or
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(ii) services by way of transportation of goods by a vessel from a place outside India up to the customs
station of clearance in India received by persons specified in clause (c);
30. Services of public libraries by way of lending of books, publications or any other knowledge-enhancing
content or material;
31. Services by Employees State Insurance Corporation to persons governed under the Employees
Insurance Act, 1948 (34 of 1948);
32. Services by way of transfer of a going concern, as a whole or an independent part thereof;
33. Services by way of public conveniences such as provision of facilities of bathroom, washrooms, lavatories,
urinal or toilets;
34. Services by government, local authority or governmental authority by way of any activity in relation to any
function entrusted to a municipality under Article 243 W of the Constitution.
35. Services received by the Reserve Bank of India, from outside India in relation to management of foreign
exchange reserves;
36. Services provided by a tour operator to a foreign tourist in relation to a tour conducted wholly outside
India.
37. Services by way of pre-conditioning, pre-cooling, ripening, waxing, retail packing, labelling of fruits and
vegetables which do not change or alter the essential characteristics of the said fruits or vegetables;
38. Services by way of admission to a museum, national park, wildlife sanctuary, tiger reserve or zoo;
39. Services provided by Government or a local authority to a business entity with a turnover up to rupees twenty lakh
(ten lakh rupees in a special category state) in the preceding financial year.
Explanation.- For the purposes of this entry, it is hereby clarified that the provisions of this entry shall not
be applicable to (a) services at S. No. 1 (i), (ii)and (iii); and
(b) services by way of renting of immovable property;
40. Services provided by Employees Provident Fund Organisation (EPFO) to persons governed under the
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Employees Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952);
41. Services provided by Insurance Regulatory and Development Authority of India (IRDA) to insurers under
the Insurance Regulatory and Development Authority of India Act, 1999 (41 of 1999);
42. Services provided by Securities and Exchange Board of India (SEBI) set up under the Securities and
Exchange Board of India Act, 1992 (15 of 1992) by way of protecting the interests of investors in securities
and to promote the development of, and to regulate, the securities market;
43. Services provided by National Centre for Cold Chain Development under Ministry of Agriculture,
Cooperation and Farmers Welfare by way of cold chain knowledge dissemination;
44. Services by way of transportation of goods by an aircraft from a place outside India upto the customs
station of clearance in India.
45. Services provided by Government or a local authority to another Government or local authority:
Provided that nothing contained in this entry shall apply to services at S. No. 1 (i), (ii)and (iii) above
46. Services provided by Government or a local authority by way of issuance of passport, visa, driving licence,
birth certificate or death certificate.
47. Services provided by Government or a local authority by way of tolerating non-performance of a
contract for which consideration in the form of fines or liquidated damages is payable to the Government
or the local authority under such contract;
48. Services provided by Government or a local authority by way of- (a) registration required under any law for
the time being in force; (b) testing, calibration, safety check or certification relating to protection or safety
of workers, consumers or public at large, including fire license, required under any law for the time being
in force;
49. Services provided by Government or a local authority by way of assignment of right to use natural
resources to an individual farmer for cultivation of plants and rearing of all life forms of animals, except
the rearing of horses, for food, fibre, fuel, raw material or other similar products;
50. Services by Government, a local authority or a governmental authority by way of any activity in relation to
any function entrusted to a Panchayat under article 243G of the Constitution:
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this shall be continued by way of notification undersection 7(2)(b) of CGST/SGST Acts.
51. Services provided by Government or a local authority by way of assignment of right to use any natural
resource where such right to use was assigned by the Government or the local authority before the
1st April, 2016:
Provided that the exemption shall apply only to service tax payable on one time charge payable, in full
upfront or in installments, for assignment of right to use such natural resource;
52. Services provided by Government or a local authority by way of allowing a business entity to operate as a
telecom service provider or use radiofrequency spectrum during the period prior to 1st April, 2016, on
payment of licence fee or spectrum user charges, as the case may be;
53. Services provided by Government by way of deputing officers after office hours or on holidays for
inspection or container stuffing or such other duties in relation to import export cargo on payment of
Merchant Overtime charges (MOT).
54. Services by an acquiring bank, to any person in relation to settlement of an amount upto two thousand
rupees in a single transaction transacted through credit card, debit card, charge card or other payment
card service.
Explanation. For the purposes of this entry, acquiring bank means any banking company, financial
institution including non-banking financial company or any other person, who makes the payment to any
person who accepts such card
55. Services of leasing of assets (rolling stock assets including wagons, coaches, locos) by Indian Railways
Finance Corporation to Indian Railways
56. Services provided by any person for official use of a foreign diplomatic mission or consular post in India or
for personal use or for the use of the family members of diplomatic agents or career consular officers
posed therein. This exemption is available on reciprocal basis based on a certificate issued by MEA
(Protocol Division):
this shall be continued by way of notification under section 55 of CGST/SGST Acts.
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57. Taxable services, provided or to be provided, by a Technology Business Incubator (TBI) or a Science and
Technology Entrepreneurship Park (STEP) recognized by the National Science and Technology
Entrepreneurship Development Board (NSTEDB) of the Department of Science and Technology,
Government of India or bio-incubators recognized by the Biotechnology Industry Research Assistance
Council, under Department of Biotechnology, Government of India;
58. Taxable service provided by State Government Industrial Development Corporations/ Undertakings to
industrial units by way of granting long term (thirty years, or more) lease of industrial plots from so much
of tax leviable thereon, as is leviable on the one time upfront amount (called as premium, salami, cost,
price, development charges or by any other name) payable for such lease.
59. Services provided to the government by way of transport of passengers with or without accompanied
belongings, by air, embarking from or terminating at a regional connectivity scheme airport, against
consideration in the form of viability gap funding (VGF).
Provided that nothing contained in this entry shall apply on or after the expiry of a period of 1 year from
the date of commencement of operations of the regional connectivity scheme airport as notified by the
Ministry of Civil Aviation
60. Services provided by cord blood banks by way of preservation of stem cells or any other service in relation
to such preservation;
61. Services by way of training or coaching in recreational activities relating to,-
(i) arts or culture. or
(ii) sports by charitable entities registered under section 12AA of Income tax Act, 1961;
62. Any services provided by, _
(i) the National Skill Development Corporation set up by the Government of India;
(ii) a Sector Skill Council approved by the National Skill Development Corporation;
(iii) an assessment agency approved by the Sector Skill Council or the National Skill Development
Corporation;
(iv) a training partner approved by the National Skill Development Corporation or the Sector Skill
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Council
in relation to
(a) the National Skill Development Programme implemented by the National Skill Development
Corporation; or
(b) a vocational skill development course under the National Skill Certification and Monetary Reward
Scheme; or
(c) any other Scheme implemented by the National Skill Development Corporation.
63. Services of assessing bodies empanelled centrally by Directorate General of Training, Ministry of Skill
Development and Entrepreneurship by way of assessments under Skill Development Initiative (SDI)
Scheme
64. Services provided by training providers (Project implementation agencies) under Deen Dayal Upadhyaya
Grameen Kaushalya Yojana under the Ministry of Rural Development by way of offering skill or vocational
training courses certified by National Council For Vocational Training.
65. Services by way of sponsorship of sporting events organised,-
(a) by a national sports federation, or its affiliated federations, where the participating teams or
individuals represent any district, State, zone or Country;
(b) by Association of Indian Universities, Inter-University Sports Board, School Games Federation of India,
All India Sports Council for the Deaf, Paralympic Committee of India or Special Olympics Bharat;
(c) by Central Civil Services Cultural and Sports Board;
(d) as part of national games, by Indian Olympic Association; or
(e) under Panchayat Yuva Kreeda Aur Khel Abhiyaan (PYKKA) Scheme;
66. Services provided by way of pure labour contracts of construction, erection, commissioning, installation,
completion, fitting out, repair, maintenance, renovation, or alteration of a civil structure or any other
original works pertaining to the Beneficiary-led individual house construction / enhancement under the
Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana (PMAY);
67. Services by way of pure labour contracts of construction, erection, commissioning, or installation of
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original works pertaining to a single residential unit otherwise than as a part of a residential complex;
68. Services of general insurance business provided under following schemes -
(a) Hut Insurance Scheme;
(b) Cattle Insurance under Swarnajaynti Gram Swarozgar Yojna (earlier known as Integrated Rural
Development Programme);
(c) Scheme for Insurance of Tribals;
(d) Janata Personal Accident Policy and Gramin Accident Policy;
(e) Group Personal Accident Policy for Self-Employed Women;
(f) Agricultural Pumpset and Failed Well Insurance;
(g) Premia collected on export credit insurance;
(h) Weather Based Crop Insurance Scheme or the Modified National Agricultural Insurance Scheme,
approved by the Government of India and implemented by the Ministry of Agriculture;
(i) Jan Arogya Bima Policy;
(j) National Agricultural Insurance Scheme (Rashtriya Krishi Bima Yojana);
(k) Pilot Scheme on Seed Crop Insurance;
(l) Central Sector Scheme on Cattle Insurance;
(m) Universal Health Insurance Scheme;
(n) Rashtriya Swasthya Bima Yojana; or
(o) Coconut Palm Insurance Scheme;
(p) Pradhan Mantri Suraksha BimaYojna;
(q) Niramaya Health Insurance Scheme implemented by Trust constituted under the provisions of the
National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act, 1999 (44 of 1999); or
(r) Any other insurance scheme of the State Government as may be notified by Government of India on the
recommendation of GSTC.
69. Services of life insurance business provided under following schemes -
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(a) Janashree Bima Yojana (JBY); or
(b) Aam Aadmi Bima Yojana (AABY);
(c) Life micro-insurance product as approved by the Insurance Regulatory and Development Authority,
having maximum amount of cover of fifty thousand rupees;
(d) Varishtha Pension BimaYojana;
(e) Pradhan Mantri Jeevan JyotiBimaYojana;
(f) Pradhan Mantri Jan DhanYogana;
(g) Pradhan Mantri Vaya Vandan Yojana; and
(h) Any other insurance scheme of the State Government as may be notified by Government of India on the
recommendation of GSTC.
70. Services by way of collection of contribution under Atal Pension Yojana (APY).
71. Services by way of collection of contribution under any pension scheme of the State Governments.
72. Service of transportation of passengers, with or without accompanied belongings, by
(i) railways in a class other than
(A) first class; or
(B) an air-conditioned coach;
(ii) metro, monorail or tramway;
(iii) inland waterways;
(iv) public transport, other than predominantly for tourism purpose, in a vessel between places located
in India; and
(v) metered cabs or auto rickshaws (including E-rickshaws);
73. Services by a person by way of-
(a) conduct of any religious ceremony;
(b) renting of precincts of a religious place meant for general public, owned or managed by an entity
registered as a charitable or religious trust under section 12AA of the Income-tax Act, 1961
(hereinafter referred to as the Income-tax Act), or a trust or an institution registered under sub
clause (v) of clause (23C) of section 10 of the Income-tax Act or a body or an authority covered
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under clause (23BBA) of section 10 of the Income-tax Act:
Provided that nothing contained in (b) of this exemption shall apply to,-
(i) renting of rooms where charges are Rs 1000/- or more per day;
(ii) renting of premises, community halls, kalyanmandapam or open area, etc where charges are Rs
10,000/- or more per day;
(iii) renting of shops or other spaces for business or commerce where charges are Rs 10,000/-or
more per month.
74. Services by a hotel, inn, guest house, club or campsite, by whatever name called, for residential or lodging
purposes, having declared tariff of a unit of accommodation less than one thousand rupees per day or
equivalent;
75. Services by way of transportation by rail or a vessel from one place in India to another of the following
goods -
(a) relief materials meant for victims of natural or man-made disasters, calamities, accidents or mishap;
(b) defence or military equipments;
(c) newspaper or magazines registered with the Registrar of Newspapers;
(d) railway equipments or materials;
(e) agricultural produce;
(f) milk, salt and food grain including flours, pulses and rice; and
(g) organic manure
76. Services provided by a goods transport agency, by way of transport in a goods carriage of,-
(a) agricultural produce;
(b) goods, where gross amount charged for the transportation of goods on a consignment transported in a
single carriage does not exceed one thousand five hundred rupees;
(c) goods, where gross amount charged for transportation of all such goods for a single consignee does not
exceed rupees seven hundred fifty;
(d) milk, salt and food grain including flour, pulses and rice;
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Sl.
Services
No.
(e) organic manure;
(f) newspaper or magazines registered with the Registrar of Newspapers;
(g) relief materials meant for victims of natural or man-made disasters, calamities, accidents or mishap; or
(h) defence or military equipments;
77. Services by the following persons in respective capacities -
(a) business facilitator or a business correspondent to a banking company with respect to accounts in its
rural area branch;
(b) any person as an intermediary to a business facilitator or a business correspondent with respect to
services mentioned in clause (g); or
(c) business facilitator or a business correspondent to an insurance company in a rural area;
78. Carrying out an intermediate production process as job work in relation to cultivation of plants and
rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other
similar products or agricultural produce;
79. Services by way of loading, unloading, packing, storage or warehousing of rice;
80. Services by way of right to admission to, -
(i) circus, dance, or theatrical performance including drama or ballet;
(ii) award function, concert, pageant, musical performance or any sporting event other than a recognized
sporting event;
(iii) recognised sporting event;
where the consideration for admission is not more than Rs 250 per person in (i), (ii) and (iii) above.
81. Services provided by Government or a local authority where the gross amount charged for such services
does not exceed Rs.5000/.
Provided that nothing contained in this entry shall apply to services S. No. 1 (i), (ii)and (iii) above:
Provided further that in case where continuous supply of service, as defined in sub-section (33) of
section2 of the CGST Act, 2017, is provided by the Government or a local authority, the exemption shall
apply only where the gross amount charged for such service does not exceed Rs. 5000/- in a financial
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Sl.
Services
No.
year; [This may be continued by way of an omnibus threshold exemption from payment of GST under
section 9 (4) of CGST/SGST Act in respect of supplies upto Rs 10,000/-].
82. (i) Health care services by a clinical establishment, an authorised medical practitioner or para-medics;
(ii) Services provided by way of transportation of a patient in an ambulance, other than those specified in
(i) above;
83. New Exemption:
Services provided by the Goods and Services Tax Network (GSTN) to the Central Government or State
Governments/Union Territories for implementation of Goods and Services Tax (GST)
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Decisions in regard to Services taken by the GST Council in the 16th meeting held on 11th of June 2017
1. In the list of service tax exemptions to be continued in GST as approved by the GST Council, after S.No.
83, the following shall be inserted
Sl. No. Proposal/ request
84. Pure services (excluding works contract service or other composite supplies involving supply of
any goods) provided to Government, a local authority or a Governmental authority by way of any
activity in relation to any function entrusted to a Panchayat under Article 243G of the Constitution
or to any function entrusted to a Municipality under Article 243W of the Constitution
85. Services provided to the Government under any insurance scheme for which total premium is paid
by Government
86. Services provided to the Government under any training programme for which total expenditure is
borne by the Government
2. In the schedule of GST Rates for Services as approved by the GST Council, after S.No. 13, the following
shall be inserted
3. Exemption from registration under section 23(2) of the CGST Act 2017 of
1. Individual advocates (including senior advocates)
2. Individual sponsorship service providers (including players)
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The fitment of rates of services were discussed on 19 May 2017 during the 14 th GST Council meeting held at Srinagar, Jammu &
Kashmir. The Council has broadly approved the GST rates for services at Nil, 5%, 12%, 18% and 28%. The list of services that will
be under reverse charge as approved by the GST Council is given below. The information is being uploaded immediately after the
GST Councils decision and it will be subject to further vetting during which the list may undergo some changes. The decisions of the
GST Council are being communicated for general information and will be given effect to through gazette notifications which shall
have force of law.
Percentage of
Percentage
service tax
of service
Sl. Provider payable by any
Service tax payable Recipient of Service
No. of service person other
by service
than the
provider
service provider
1. Taxable services provided or Any person Any person located in the
agreed to be provided by any who is located taxable territory other than
person who is located in a in a non- non-assessee online recipient
non-taxable territory and taxable (Business Recipient)
Nil 100%
received by any person territory
located in the taxable territory
other than non-assessee
online recipient (OIDAR)
2. Services provided or agreed to Goods (a) any factory registered under
be provided by a goods Transport or governed by the Factories
transport agency (GTA) in Agency (GTA) Act, 1948;
respect of transportation of Nil 100%
(b) any society registered under
goods by road the Societies Registration Act,
1860 or under any other law
for the time being in force in
www.caymshah.in # 586
Percentage of
Percentage
service tax
of service
Sl. Provider payable by any
Service tax payable Recipient of Service
No. of service person other
by service
than the
provider
service provider
any part of India;
(c) any co-operative society
established by or under any
law;
(d) any person registered under
CGST/SGST/UTGST Act;
(e) any body corporate
established, by or under any
law; or
(f) any partnership firm whether
registered or not under any
law including association of
persons.
(g) Casual taxable person
3. Services provided or agreed to An individual Any business entity.
be provided by an individual advocate or
advocate or firm of advocates firm of Nil 100%
by way of legal services, advocates
directly or indirectly
4. Services provided or agreed to An arbitral Any business entity.
be provided by an arbitral tribunal Nil 100%
tribunal
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Percentage of
Percentage
service tax
of service
Sl. Provider payable by any
Service tax payable Recipient of Service
No. of service person other
by service
than the
provider
service provider
5. Sponsorship services Any person Anybody corporate or
Nil partnership firm. 100%
Percentage of
Percentage
service tax
of service
Sl. Provider payable by any
Service tax payable Recipient of Service
No. of service person other
by service
than the
provider
service provider
(iii) transport of goods or
passengers.
7. Services provided or agreed to A director of a A company or a body corporate.
be provided by a director of a company or a
company or a body corporate body Nil 100%
to the said company or the corporate
body corporate;
8. Services provided or agreed to An insurance Any person carrying on
be provided by an insurance agent insurance business.
Nil 100%
agent to any person carrying
on insurance business
9. Services provided or agreed to A recovery A banking company or a
be provided by a recovery agent financial institution or a non-
agent to a banking company banking financial company.
Nil 100%
or a financial institution or a
non-banking financial
company
10. Services by way of A person Importer as defined under
transportation of goods by a located in clause (26) of section 2 of the
vessel from a place outside non-taxable Nil Customs Act, 1962. 100%
India up to the customs territory to a
station of clearance in India person
www.caymshah.in # 589
Percentage of
Percentage
service tax
of service
Sl. Provider payable by any
Service tax payable Recipient of Service
No. of service person other
by service
than the
provider
service provider
located in
non-taxable
territory
11. Transfer or permitting the use
Author or Publisher, Music company,
or enjoyment of a copyright
music Producer
covered under clause (a) of
composer,
sub-section (1) of section 13
photographer,
NIL 100%
of the Copyright Act, 1957artist, etc.
relating to original literary,
dramatic, musical or artistic
works
12. Radio taxi or Passenger Taxi driver or 100% by
Any person
Transport Services provided Rent a cab Electronic
Nil
through electronic commerce operator Commerce
operator Operator
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