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No, if a firm is registered in more
than one state, then each such
registration will be treated as a
separate registered person. Cross
utilization of credit available with
two different registered persons is
not allowed
CGST credit can be first used to set
off CGST liability. Whatever is left
can be used to set off IGST liability.
It cannot be used to set off SGST
liability. Similarly, SGST credit can be
used to set off SGST and IGST
liability, in that order. It cannot be
used to set off CGST liability. Please
see Section 49 of the CGST Act,
2017
Yes, a composition dealer will issue a
self invoice as he is required to pay
GST. He will not be eligible for ITC
also.
The value to be charged on such a transaction will be the open market
value of the entire transaction as per
Rule 27(a) of the CGST Rules, 2017.
Therefore, GST be charged on the entire
20 gm.
No, these are two independent
supplies at two different prices, they
will be charged at the GST rate
applicable to them even if they are
purchased on the same invoice.
Since, you are providing both
taxable and non-taxable supply. You
will charge VAT on the non-taxable
supply (which is alcohol for human
consumption) and GST on all other
taxable supplies.
This will be a composite supply
where the principal supply (the
goods) cannot be supplied without
the cartage/unloading /
transportation expenses. Therefore,
the GST rate applicable will be the
same as that of the principal supply,
i.e, cycle parts, as provided under
Section 8 of the CGST Act, 2017
Yes, you need to charge GST but
you can use transition credit, if
available on the said goods
There is no distinction between
goods or services under GST.
Service charge like any other supply
will be leviable to GST. It is also
clarified that service charge is not a
statutory levy. It is not levied by the
Government.
If on every instance you are making
a supply then an invoice needs to
be issued. For any other movement
of goods other than supply (as
specified in Rule 55 of CGST Rules,
2017), a delivery challan may be
issue
No, GST is not leviable on the entire
credit card bill; it is charged only on
the fee/commission charged by the
credit card company
CENVAT credit lying in balance in
the return filed for period upto
30.06.17 is to be allowed as CGST
credit as per Section 140(8) of the
CGST Act, 2017 read with Rule
117(2) of CGST Rules, 2017.
Credit on such inputs services will
be allowed subject to satisfaction of
conditions prescribed in Section 140
(5) of the CGST Act
Not eligible for ITC under
composition scheme. Your ITC lying
in balance will lapse
No, a person registering under the
composition scheme cannot take
ITC on inputs.
You will be entitled to carry forward
closing balance of CENVAT credit
shown in your last return filed
under Central Excise Act.
Specifying HSN code on invoice is
optional for taxpayers having
turnover upto 1.5 crores.
ITC on capital goods is generally
available if they are used in the
course or furtherance of business.
However, credit is not available on
cars, unless you are in a business of
imparting driving training, or
supplying such cars. A list of item on
which ITC is not available is
provided in Section 17 of the CGST
Act, 2017.
Circular No. 4/4/2017-GST dated
07.07.2017 has clarified that the
existing Bonds/LUTs shall be valid
till 31.07.2017 after which the
Bonds/LUTs shall have to be
executed in the newly prescribed
formats. New formats of bond and
LUT have been prescribed under
Rule 96A of CGST Rules, 2017.
ARE-1 procedure is being dispensed
with except in respect to
commodities that continue to
attract Central Excise duty.
Same sequence can be followed
provided conditions laid down in
Section 31 of the CGST Act, 2017
read with Rule 46 of CGST Rules,
2017 are met.
No there is no particular format.
Rule 46 of the CGST Rules, 2017
prescribes the particulars to be
contained in Invoice.
The liability of RCM under GST will
arise only after 1st of July 2017.
If the invoice has been raised and
payment made before the 1st of July
2017 then GST will not be
applicable
If he has duty paying documents
then he will get full credit of central
excise duty paid on stock held by
him
Credit of stock which was
unconditionally exempt from excise
duty or was NIL rated shall not be
available. Please see Rule 117(4) of
the CGST Rules, 2017.
Credit may be availed on the basis
of document evidencing payment of
duty on inputs as per section 140(3)
of the CGST Act, 2017 read with
Rule 140(4) of CGST Rules, 2017.
Deemed credit will be available to
you for stock as duty paying
documents are not available,
subject to provisions of section 140
(3) of the CGST Act, 2017 read with
Rule 140(4) of CGST Rules, 2017
GST has no special dispensation for
EOUs. As to whether they exist for
any other purpose may be seen
from the FTP.
There is no such requirement under
GST law.
No, if you are dealing in 100%
exempted supplies you are not liable
to be registered in GST. There is no
requirement of registration for
making inter-state purchases.
You can supply goods or services or
both on bill of supply without
mentioning GSTIN and/or ARN. On
receipt of GSTIN, you will need to
issue revised invoice mentioning
GSTIN. You are required to reflect
this supply in your return and also
pay tax thereon
Provisional ID (PID) will be your
GSTIN. You can supply goods or
services or both specifying PID as
your GSTIN on Invoice.
In your new registration application,
if you have referred to your past
registration no. of Central Excise or
Service Tax, you will be eligible for
transitional credit under Section 140
of CGST Act, 2017 read with Rule 117
of CGST Rules, 2017.
Please apply for cancellation of
registration under Section 29(1) of
the CGST Act, 2017 read with Rule
24(4) of CGST Rules, 2017. You will
be required to calculate and pay ITC
availed on goods held in stock on the
date of cancellation of registration
No, taxpayer becomes ineligible for
composition scheme on the day the
turnover crosses Rs. 75 lakhs.
You can opt for composition
scheme from the beginning of the
next financial year on submitting the
option to avail composition scheme
before beginning of the financial
year. It may please be noted that
composition scheme cannot be
availed from the middle of a
financial year.
Those availing composition can exit
and opt for normal
tax scheme anytime. They would be
eligible for ITC on stocks available on
the date of switchover in terms of
section 18(1)(c ) of CGST Act, 2017
No. The following three classes of
persons, namely
? Ice cream and other edible ice,
whether or not containing cocoa.
? Pan masala
? All goods, i.e. Tobacco and
manufactured tobacco
substitutes
are not eligible for benefit of
composition scheme.
Service providers, except
restaurants/caterers, are not
eligible for composition scheme.
Job workers making taxable supplies
above the threshold aggregate
turnover need to register.
Composition scheme is not available
to job-workers. They, however, can
avail benefit of section 143 of the
CGST Act.
One PAN holder gets one
registration in every state, but he
has the option of getting different
registrations for different business
verticals.
Yes. Since, exports are zero rated,
one needs to register for GST to
claim refunds.
If registered, then you need to file
returns. You may choose to cancel
your registration since you are
dealing only in exempted products
You may directly take GST
registration on www.gst.gov.in
No, a franchisor company need not
take registration in a state where
only its franchisee is located.
If exclusively making supplies of Nil
rated supplies, registration is not
compulsory. Kindly refer section 23
of CGST Act.
The registration in other State would
come under fresh registration.
No. The supplier would be liable to
obtain registration in case of interState supplies irrespective of his
turnover
Yes, you have to pay GST via RCM.
You can avail ITC of the GST so paid
if you are otherwise eligible.
No, if a firm is registered in more than one state, then each such registration will be treated a No, if a firm is registered in more than one state, then each such registration will be treated as a separate registered person. Cross-utilization of credit available with two different registered persons is not allowed
CGST credit can be first used to set off CGST liability. Whatever is left can be used to set off IGST liability. It cannot be used to set off SGST liability. Similarly, SGST credit can be used to set off SGST and IGST liability, in that order. It cannot be used to set off CGST liability. Please see Section 49 of the CGST Act, 2017a
Yes, a composition dealer will issue a self-invoice as he is required to pay GST. He will not be eligible for ITC also.
Yes, a composition dealer will issue a self-invoice as he is required to pay GST. He will not be eligible for ITC also.
The value to be charged on such a transaction will be the open market value of the entire transaction as per Rule 27(a) of the CGST Rules, 2017. Therefore, GST be charged on the entire 20 gm.
No, these are two independent supplies at two different prices, they will be charged at the GST rate applicable to them even if they are purchased on the same invoice.
Since you are providing both taxable and non-taxable supplies. You will charge VAT on the non-taxable supply (which is alcohol for human consumption) and GST on all other taxable supplies.
This will be a composite supply where the principal supply (the goods) cannot be supplied without the cartage/unloading/transportation expenses. Therefore, the GST rate applicable will be the same as that of the principal supply, i.e, cycle parts, as provided under Section 8 of the CGST Act, 2017
Yes, you need to charge GST but you can use transition credit, if available on the said goods.
If in every instance you are making a supply then an invoice needs to be issued. For any other movement of goods other than supply (as specified in Rule 55 of CGST Rules, 2017), a delivery challan may be issued
No, GST is not leviable on the entire credit card bill; it is charged only on the fee/commission charged by the credit card company.
The documents specified under Rule 48 of the CGST Rules, 2017 may please be referred to. Triplicate copies of invoices for the supply of goods and duplicate copies of invoices for the supply of services may be used
Yes, the sunset clause for Anti-profiteering Authority is of two years
The present system for E-way Bill in States to continue, till the E-Way Bill procedures are finalized.
GST does not concern such fees so GST does not affect it.
IGST shall be levied only once on imports
Yes. For supplies within A& N, CGST plus UTGST would be leviable.
CENVAT credit lying in balance in the return filed for a period upto 30.06.17 is to be allowed as CGST credit as per Section 140(8) of the CGST Act, 2017 read with Rule 117(2) of CGST Rules, 2017
Credit on such inputs services will be allowed subject to satisfaction of conditions prescribed in Section 140 (5) of the CGST Act.
Not eligible for ITC under the composition scheme. Your ITC lying in balance will lapse.
No, a person registering under the composition scheme cannot take ITC on inputs.
You will be entitled to carry forward the closing balance of CENVAT credit shown in your last return filed under the Central Excise Act.
Specifying HSN code on the invoice is optional for taxpayers having turnover up to 1.5 crores.
ITC on capital goods is generally available if they are used in the course or furtherance of business. However, credit is not available on cars, unless you are in the business of imparting driving training, or supplying such cars. A list of items on which ITC is not available is provided in Section 17 of the CGST Act, 2017.
Circular No. 4/4/2017-GST dated 07.07.2017 has clarified that the existing Bonds/LUTs shall be valid till 31.07.2017 after which the Bonds/LUTs shall have to be executed in the newly prescribed formats. New formats of bond and LUT have been prescribed under Rule 96A of CGST Rules, 2017.ARE-1 procedure is being dispensed with except with respect to commodities that continue to attract Central Excise duty.
The same sequence can be followed provided the conditions laid down in Section 31 of the CGST Act, 2017 read with Rule 46 of CGST Rules, 2017 are met.
No there is no particular format. Rule 46 of the CGST Rules, 2017 prescribes the particulars to be contained in Invoice
The liability of RCM under GST will arise only after the 1st of July 2017.
If the invoice has been raised and payment made before the 1st of July 2017 then GST will not be applicable.
If he has duty-paying documents then he will get full credit of central excise duty paid on stock held by him.
Credit of stock which was unconditionally exempt from excise duty or was NIL rated shall not be available. Please see Rule 117(4) of the CGST Rules, 2017.
Deemed credit will be available to you for stock as duty paying documents are not available, subject to provisions of section 140 (3) of the CGST Act, 2017 read with Rule 140(4) of CGST Rules, 2017.
GST has no special dispensation for EOUs. As to whether they exist for any other purpose may be seen from the FTP.
The window to declare transition credit forms is three months from the appointed day. Please refer to transition rules for more details.
Deemed credit will be available for all stock procured within a 1 year period.
No it will not be carried forward in GST as it is not covered by definition of “eligible duties and taxes” under Section 140 of the CGST Act.
No. Clean Energy Cess is being repealed. Coal, however, will be subject to compensation cess @ Rs 400/- per tonne.
No
No such provision in GST.
Deemed Credit will be available on stock in hand provided the conditions of section 140(3) read with Rule 1(4) of Transition Rules are satisfied.
For all inputs with duty paying documents available respective CGST / SGST credit will be available. But credit of CST will not be available.
Closing ITC in VAT return will be allowed to be carry forward in GST.
Form H will not be there in GST.
Balance VAT credit in the return will be transferred as SGST Credit.
No provision for such credit is there in GST law.
If Point of Tax arises after appointed date, then GST will be chargeable on such supply.
Refund claimed under existing law will be handled as per the provisions of the existing law. Form C to be submitted in terms of provision of Rule 1(1) of Transition Rules of the respective State SGST Rules.
The supplier would be eligible to carry forward ITC on such stock from VAT return for June 17.
The supplier would be eligible to carry forward the closing balance of ITC from VAT return for June 17.
Full transition credit of such duty will be available on stock in hand in respect of which you have duty paying excise document subject to conditions under Section 140(3) of the CGST Act.
Full transition credit of such duty will be available on stock in hand in respect of which you have duty paying excise document subject to conditions under Section 140(3) of the CGST Act.
Full transition credit of such duty will be available on stock in hand in respect of which you have duty paying excise document subject to conditions under Section 140(3) of the CGST Act.
Full transition credit of such duty will be available on stock in hand in respect of which you have duty paying excise document subject to conditions under Section 140(3) of the CGST Act.
Yes deemed credit will be available subject to satisfaction of other conditions as prescribed.
The dealer will get deemed credit @ 40% / 60% of the CGST paid on supply of such goods in GST. If the goods are branded and greater than Rs. 25,000, full credit using CTD can be availed.
Area based exemptions will not be continued under GST. It will be operated through the route of reimbursement as prescribed.
Transition credit can be availed by filing the respective forms under Transition rules.
Salary will not be leviable of GST.
It will have the same treatment as normal supply.
Section 2(30) defines what will be considered as a composite supply. Whereas, Section 8 provides that in case of a composite supply, the treatment for tax rate etc. will be that of principal supply.
Where the value of such supplies is in the nature of gifts, no GST will apply till value of such gifts exceeds Rs. 50000/- in a financial year.
Professional tax is not a tax on supply of goods or services but on being in a profession. Professional tax not subsumed in GST.
Exempt supply includes Nil rated (taxable at 0%) and non-Taxable supplies and no ITC is available for such supplies.
Three levies are under three different statutes and are required to be separately accounted for.
If the place of supply and the location of the supplier are in the same State then it will be an intra-State supply and CGST / SGST will be applicable.
Generally these will be two supplies where the supplier from MP will charge IGST from the recipient in Maharashtra. Whereas, the service provider in Maharashtra will charge IGST from the recipient in MP.
If the disposal is in the course or furtherance of business purposes, it will be considered as a supply.
GST will be levied on the value charged for the supply only.
Tax is payable on consideration received for the supply and ITC will be available accordingly.
It has been decided that Rs. 5000/- per day exemption will be given in respect of supplies received from unregistered person.
It has been decided that Rs. 5000/- per day exemption will be given in respect of supplies received from unregistered person. For supplies above this amount, a monthly consolidated bill can be raised.
It has been decided that Rs. 5000/- per day exemption will be given in respect of supplies received from unregistered persons. For supplies above this amount, a monthly consolidated bill can be raised.
Returns provide for furnishing rate-wise details.
Advance refunds can be adjusted in return
Advance refunded can be adjusted in return.
The suggestion to include Invoice ?/Bill ? in the bank statement itself, wherever a payment is made for any service or goods, can be examined further
The law provides flexibility to such service providers to issue tickets or tax invoices within one month from the date of supply of service. Except for banking and financial service providers, service providers such as taxi aggregators do not have the option to issue consolidated invoices. Whereas, the proposal for providing consolidated invoices for various service providers may be explored.
For RCM liabilities tax invoice has to be issued on self.
If the goods are meant to be supplied in the course of construction an invoice is necessary. If the goods are tools that are to be used for construction then a delivery challan should be
All expenses will have to be included in the value and the invoice needs to be issued accordingly. Please refer to Section 15 of the CGST Act and Invoice Rules.
There is no requirement to take the Aadhaar / PAN details of the customer under the GST Act.
In such a case the person can issue one tax invoice for the taxable invoice and also declare exempted supply in the same invoice.
Input tax credit for rent-a-cab service is not available under GST.
Like invoices, credit/debit notes on behalf of unregistered persons will be given by registered persons only. Further, GSTR2 provides for reporting of the same by the recipient.
Detailed rules for reversal of ITC, when the supplier is providing exempted and non-exempted supplies, have been provided in ITC Rules.
Tax will be collected in the State from which the supply is made. The supplier will collect IGST and the recipient will take IGST credit.
The CGST and SGST Credit for a State can be utilized for payment of their respective CGST/SGST liabilities within that State for the same GSTIN only.
SGST Credit can be used for payment of IGST liability under the same GSTIN only.
SGST of one State cannot be utilized for discharging of output tax liability of another State.
Such supply is treated as import and the present procedure of payment continue with the variation that IGST is levied in place of CVD.
Such supply is treated as import and present procedure of payment of duty continue with the variation that IGST is levied in place of CVD.
POS for the transport of goods is determinable in terms of sec 12(8) or sect 13(8) of the IGST Act, 2017, depending upon the location of the service provider/service receiver. Exports are treated as zero-rated supplies.
Supply to SEZs is zero-rated supplies and supplies by SEZs to DTA are treated as imports.
Supplies to SEZs are zero-rated supplies as defined in Section 16 of the IGST Act.
Customs duty and cess as applicable + IGST+ GST compensation cess. IGST and GST compensation cess shall be paid after adding all customs duty and customs cess to the value of the import
Customs duty and cess as applicable + IGST+ GST compensation cess. IGST and GST compensation cess shall be paid after adding all customs duty and customs cess to the value of imports.
Yes, you will be liable to pay tax on a reverse charge basis for supplies from unregistered persons.
Clean Environmental Cess on coal will be replaced by GST Compensation Cess.
Appropriate provisions have been made in the law by providing for grant of 90% refund on a provisional basis within 7 days from the filing of registration.
Refunds under earlier laws will be given under the respective laws only
There is no such requirement under GST law.
No, if you are dealing in 100% exempted supplies you are not liable to be registered in GST. There is no requirement of registration for making inter-state purchases.
The provisional ID (PID) will be your GSTIN. You can supply goods or services or both specifying PID as your GSTIN on the Invoice.
No, the taxpayer becomes ineligible for the composition scheme on the day the turnover crosses Rs. 75 lakhs.
You can opt for the composition scheme from the beginning of the next financial year by submitting the option to avail composition scheme before beginning of the financial year. It may please be noted that the composition scheme cannot be availed from the middle of a financial year.
Those availing composition can exit and opt for a normal tax scheme anytime. They would be eligible for ITC on stocks available on the date of switchover in terms of section 18(1)(c ) of the CGST Act, 2017
Ice cream and other edible ice, whether or not containing cocoa. Pan masala- All goods, i.e. Tobacco and manufactured tobacco substitutes are not eligible for benefit of the composition scheme
One PAN holder gets one registration in every state, but he has the option of getting different registrations for different business verticals.
No, a franchisor company need not take registration in a state where only its franchisee is located
No, a franchisor company need not take registration in a state where only its franchisee is located.
No, a franchisor company need not take registration in a state where the franchisee is located.
If exclusively making supplies of Nil rated supplies, registration is not compulsory. Kindly refer section 23 of CGST Act.
The registration in other States would come under fresh registration.
No.The supplier would be liable to obtain registration in case of inter-State supplies irrespective of his turnover.
Yes, you have to pay GST via RCM. You can avail ITC of the GST so paid if you are otherwise eligible.
You would be able to apply for new registration at the GST Portal gst.gov.in
No.
You can apply for cancellation of Provisional ID on or before 31st July 2017.
An unregistered person has 30 days to complete its registration formalities from its date of liability to obtain registration.
Only if you provide any supply from Delhi you need to take registration in Delhi. Else, registration at Mumbai is sufficient (and pay IGST on supplies made from Mumbai to Delhi)
Any person who makes make inter-state taxable supply is required to take registration. Therefore in this case AP dealer shall take registration and pay tax.
There will be only one registration per State for all activities. But, you have the option to be registered as a separate business vertical
Separate registration as tax deductor is required.
Yes, you would be treated as a normal taxable person.
There is no liability of registration if the person is dealing with 100% exempt supplies.
A person dealing with 100% exempted supply is not liable to register irrespective of turnover.
GST is leviable only if aggregate turnover is more than 20 lacs. (Rs. 10 lacs in 11 special category States). For computing aggregate supplies turnover of all supplies made by you would be added.
This conversion may be done while filling FORM REG-26 for converting provisional ID to final registration.
The same can be filled while filing FORM REG-26 for converting provisional ID to final registration.
A separate & new registration is required for ISD.
If services are being provided from Nasik then registration is required to be taken only in Maharashtra and IGST to be paid on inter-state supplies.
span style="color: rgb(52, 73, 94); font-family: Calibri, sans-serif, Arial, Helvetica, sans-serif; font-size: 14.4px; text-align: justify;">Exemption from registration has been provided to such suppliers who are making only those supplies on which recipient is liable to discharge GST under RCM.
SEZs under same PAN in a state require one registration. Please see proviso to rule 8(1) of CGST Rules.
Outward supplies on which tax is paid on reverse charge basis by the recipient will be included in the aggregate turnover of the supplier.
span style="color: rgb(52, 73, 94); font-family: Calibri, sans-serif, Arial, Helvetica, sans-serif; font-size: 14.4px; text-align: justify;">A supplier of service will have to register at the location from where he is supplying services.
Not liable to tax means supplies which is not leviable to tax under the CGST/SGST/IGST Act. Please refer to definition under Section 2(78) of the CGST Act.
If the person is involved in 100% supply of goods which are not liable for GST, then no registration is required.
span style="color: rgb(52, 73, 94); font-family: Calibri, sans-serif, Arial, Helvetica, sans-serif; font-size: 14.4px; text-align: justify;">Provisional GSTIN (PID) should be converted into final GSTIN within 90 days. Yes, provisional GSTIN can be used till final GSTIN is issued. PID & final GSTIN would be same
He is liable to register if the aggregate turnover (all India) is more than 20 lacs (Rs. 10 lacs in Special Category States) or if he is engaged in inter-State supplies.
New registration would be required as the partnership firm would have a new PAN.
Refer to Section 2(6) of the CGST Act. Aggregate turnover does not include the value of inward supplies on which tax is payable on a reverse charge basis.
style="margin: 5px 0px 10px; font-family: Arial; text-align: justify; color: rgb(51, 51, 51); font-size: 15px; line-height: normal !important;">The revenue functions of the Government of India are managed by the Ministry of Finance. The Finance Ministry has entrusted the task of administration of direct taxes like Income-tax, Wealth tax, etc., to the Central Board of Direct Taxes (CBDT). The CBDT is a part of Department of Revenue in the Ministry of Finance.