आभूषण, सोने और चांदी के सामान, कीमती पत्थरों आदि के अंतर-राज्य परिवहन के लिए ई-वे बिल के नियम सोने, कीमती पत्थरों आदि की अंतर-राज्य आवाजाही के लिए ई-वे बिल बनाने से संबंधित नियमों को अधिसूचना संख्या 38/2023, दिनांक 04-08-2023 – सीजीएसटी (दूसरा संशोधन) नियम, 2023 के माध्यम से अधिसूचित किया गया है। हालाँकि, शक्ति राज्य […]
यह प्रस्तावित 30% आयकर 1 अप्रैल 2022 से और 1% का टीडीएस 1 जुलाई 2022 से प्रभावी होगा, जो वित्तीय वर्ष 2022-23 से प्रभावी होगा। पिछले कुछ वर्षों में डिजिटल संपत्ति में लेनदेन तेजी से बढ़ा है। बजट 2022 में माननीय वित्त मंत्री श्रीमती निर्मला सीतारमण ने वर्चुअल एसेट क्लास में क्रांतिकारी बदलाव की घोषणा […]
जीएसटी काउंसिल की 43वीं बैठक आज हुई ! एमनेस्टी योजना की सिफारिश, वित्त मंत्री का कहना है कि 89% करदाताओं को एमनेस्टी योजना से लाभ होगा! वित्त मंत्री श्रीमती निर्मला सीतारमण जी की अगुवाई में जीएसटी काउंसिल की 43वीं बैठक आज नई दिल्ली में वीडियो कॉन्फ्रेंस के जरिए आयोजित की गयी ! काउंसिल की 43वीं […]
मोदी ने ईमानदार करदाताओं को दी सौगात, फेसलेस असेसमेंट और टैक्सपेयर्स चार्टर लागू !! ‘Transparent Taxation – Honouring the Honest’ A new platform Lunched through video conferencing by honourable Prim Minister Mr. Narendra Modi. देश में चल रहा Structural Reforms का सिलसिला आज एक नए पड़ाव पर पहुंचा है। 21वीं सदी के टैक्स सिस्टम की […]
GST विभाग में फर्जी पंजीयन एवं फर्जी व्यापार को रोकने के लिए GST पंजीयन में वकालतनामा लगाया जाना अनिवार्य किया जाए ! मान्यवर ! आपको विदित है कि इन दिनों लगातार गुड्स एवं सर्विस टैक्स विभाग में फर्जी पंजीयन हो रहे हैं तथा गुड्स एवं सर्विस टैक्स की लगातार टैक्सचोरी/फर्जी टैक्स बिल/फर्जी टैक्स रिफंड आदि […]
GST REGISTRATION CANCEL OR SURRENDER Now a Days, GST is the most discussing topics in India. All of us are still confused about the process for registration, filling the return forms, tax challan, e-way bill and other forms for GST. But these days a major issue which is arising is that how to surrender our GST Registration? and where to surrender for GST Registration Certificate. If you have applied GST by mistake and got registration certificate form GST and you worried that what should be the further process. If you have wrongly registered for GST and want to surrender your GST Registration, one can cancel GST Registration only if the annual turnover of his business is less than ₹20 lacs (total of sale and unregistered purchase). Application for cancellation, in case of voluntary registrations made under GST, can be made only after one year from the date of registration. As per Section 29 of CGST ACT : (1) The proper officer may, either on his own motion or on an application filed by the registered person or by his legal heirs, in case of death of such person, cancel the registration, in such manner and within such period as may be prescribed, having regard to the circumstances where,–– (a) the business has been discontinued, transferred fully for any reason including death of the proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; or (b) there is any change in the constitution of the business; or (c) the taxable person, other than the person registered under sub-section (3) of section 25, is no longer liable to be registered under section 22 or section 24. (2) The proper officer may cancel the registration of a person from such date, including any retrospective date, as he may deem fit, where,–– (a) a registered person has contravened such provisions of the Act or the rules made thereunder as may be prescribed; or (b) a person paying tax under section 10 has not furnished returns for three consecutive tax periods; or (c) any registered person, other than a person specified in clause (b), has not furnished returns for a continuous period of six months; or (d) any person who has taken voluntary registration under sub-section (3) of section 25 has not commenced business within six months from the date of registration; or (e) registration has been obtained by means of fraud, wilful misstatement or suppression of facts: Provided that the proper officer shall not cancel the registration without giving the person an opportunity of being heard. (3) The cancellation of registration under this section shall not affect the liability of the person to pay tax and other dues under this Act or to discharge any obligation under this Act or the rules made thereunder for any period prior to the date of cancellation whether or not such tax and other dues are determined before or after the date of cancellation. (4) The cancellation of registration under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a cancellation of registration under this Act. (5) Every registered person whose registration is cancelled shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock or capital goods or plant and machinery on the day immediately preceding the date of such cancellation or the output tax payable on such goods, whichever is higher, calculated in such manner as may be prescribed: Provided that in case of capital goods or plant and machinery, the taxable person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery, reduced by such percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant and machinery under section 15, whichever is higher. (6) The amount payable under sub-section (5) shall be calculated in such manner as may be prescribed. CGST Rule for Application for cancellation of registration : A registered person, other than a person to whom a registration has been granted under rule 12 or a person to whom a Unique Identity Number has been granted under rule 17, seeking cancellation of his registration under sub-section (1) of section 29 shall electronically submit an application in FORM GST REG-16, including therein the details of inputs held in stock or inputs contained in semi-finished or finished goods held in stock and of capital goods held in stock on the date from which the cancellation of registration is sought, liability thereon, the details of the payment, if any, made against such liability and may furnish, along with the application, relevant documents in support thereof, at the common portal within a period of thirty days of the occurrence of the event warranting the cancellation, either directly or through a Facilitation Centre notified by the Commissioner: Provided that no application for the cancellation of registration shall be considered in case of a taxable person, who has registered voluntarily, before the expiry of a period of one year from the effective date of registration. CGST Rule for Registration to be cancelled in certain cases : The registration granted to a person is liable to be cancelled, if the said person,- (a) does not conduct any business from the declared place of business; or (b) issues invoice or bill without supply of goods or services in violation of the provisions of this Act, or the rules made thereunder; or (c) violates the provisions of section 171 of the Act or the rules made thereunder. CGST Rule for Cancellation of registration: (1) Where the proper officer has reasons to believe that the registration of a person is liable to be cancelled under section 29, he shall issue a notice to such person in FORM GST REG-17, requiring him to show cause, within a period of seven working days from the date of the service of such notice, as to why his registration shall not be cancelled. (2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REG–18 within the period specified in the said sub-rule. (3)Where a person who has submitted an application for cancellation of his registration is no longer liable to be registered or his registration is liable to be cancelled, the proper officer shall issue an order in FORM GST REG-19, within a period of thirty days from the date of application submitted under sub-rule (1) of rule 20 or, as the case may be, the date of the reply to the show cause issued under sub-rule (1), cancel the registration, with effect from a date to be determined by him and notify the taxable person, directing him 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. SURRENDER OR CANCELLATION OF GST REGISTRATION GST Registration can be surrender or cancelled through the following three ways: 1. GST surrender By the registered person – A registered person can apply for cancellation of GST Registration by himself. • If your turnover is less than ₹20 lacs • If your business has been discontinued • Death of the Proprietor in case of sole proprietorship • If the business is no longer liable to GST (like you have taken registration for the sake you trade inter-state but later government relaxed the norms that GST registration not mandatory for inter-state trade) • Because you are shutting down your business or profession. • Or any other issue. 2. By GST Officer – GST officer can cancel the registration if the organization falls under following conditions: – • If the Organization has violated any law against GST. • A composition registered person has not filed tax for three consecutive years. • If the registration process has been done through fraud methods. • If the registered company has not generated any business from the last six months after registration for GST. • Or any other issue. 3. GST surrender By Legal Hirer – A legal hirer can apply for cancellation of GST Registration after Death of the Proprietor in case of sole proprietorship Steps for Cancellation of Provisional GST Registration: If you want to surrender GST Registration then you must follow the following steps: – Step 1 Log in to the GST Portal and click the Cancellation of Provisional Registration. Step 2 • The Cancellation page opens. • Your GSTIN and name of business will show automatically. • You are required to give a reason for cancellation. Step 3 You will be asked if you have issued any tax invoices during the month. Step 4 Simply fill up the details of authorized signatories, place. Step 5 Finally, Sign off with EVC with you are a proprietorship or a partnership. LLPs & Companies must mandatorily sign with DSC. If the taxpayer has issued any tax invoice then form GST REG – 16 needs to be filed. • You must log into GST Portal and click on the cancellation. • Fill form GST REG – 16 applications for cancellation of GST Registration and provide details like liability date, details of payment, inputs, and capital goods held in stock. • The person must reply in Form REG – 18 within 7 days after the notice asking the cause for the cancellation of registration. • After verification, the order will be passed in Form GST REG – 20. • If the cancellation is confirmed then an officer will issue the order under Form GST REG – 19. If one cancels CGST then SGST will automatically be cancelled and vice versa. In case you need assistance or any query about cancellation of GST Registration, please leave a massage in comment box. Author Details : Ashish kamthania, Advocate, BSc, BEd, PGDCA, LL.B., LL.M. Director: Tax & Legal Professional Private Limited Contact at : [email protected] https://www.facebook.com/kamthania
(GST Form TRANS–I : To Be Filed On Or Before 31st Oct, 2017) Cascading of taxes, means ‘tax on tax’. Under the old system of taxation, credit of taxes being levied by Central Government is not available as set-off for payment of taxes levied by State Governments, and vice versa. Input Tax Credit means reducing […]
Entertainment is a big part of our daily lifestyle. Cable TV is the most easily available and play a vital role in our life . Under the Old Tax System indirect tax system like Entertainment Tax, VAT, CST are levied by state Govt, and the Tax rates ranges from 15% to 110%. Central Govt imposed Service Tax on big cable TV operators and broadcaster who’s annual turnover is more then 10Lac. The Tax on Local Cable Operators (LCOs) was introduced in erstwhile Service Tax laws. Service tax on Local Cable Operators (LCOs) is implemented on w.e.f. 24.02.2009. The service tax currently (pre-GST) is 15%. The Goods and Services Tax (GST) would be a very significant step in the field of indirect tax reforms in India. By amalgamating a number of Central and State taxes into a single tax (GST). Now, GST implemented on 1st July 2017. Taxation on entertainment, cable and DTH services shall come down under the Goods and Services Tax regime as the entertainment tax levied by states has been subsumed in the GST. 18% GST is imposed on cable tv operators. The taxable supplies by LCO under the cable TV industry is liable of taxable 18% GST. Definition and scope of service: “Cable Operator” shall have the meaning assigned to it in clause (aa) of Section 2 of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995); (Section 65(21) of the Finance Act, 1944) “Taxable Service” means any service provided or to be provided to any person, to any person, by a cable operator including a multisystem operator in relation to cable services; (Section 65 (105) (zs) of the Finance Act, 1994). Local Cable Operator (LOC) required to get registered? All the Existing Taxable Person, already registered under state govt Entertainment Tax are compulsory migrated to GST. Section 24 of CGST Act, 2017 explains Compulsory registration in certain cases If a person supplies taxable supply of goods/services 1. Inter-State Suppliers 2. Casual Taxable Person 3. Reverse Charge 4. Non-Resident Taxable Person 5. TDS deductor u/s 37 6. Agents 7. Input Service Distributor 8. Every Electronic Commerce Operator 9. Aggregator 10. Such other person as may be notified by Central/State Government on the recommendations of the GST Council. GST on Local Cable Operators LCO’s Taxable Supplies : 1. Taxable Sale/Service (Outward supply) by LCO’s: (a) Supply of Cable TV package to end user (customers) (b) Supply of Set-top box (STB) and Installation Charges (c) Repair of STB (d) Supply of Broadband package (e) Other related supply made for the provision of Cable TV / Broadband package (a) Supply of Cable TV package to end user (customers) : Cable broadcasting service is Taxable Supplies under GST, 18% GST will be charged depending upon the location of recipient of services i.e. Customer. Local Cable Operator makes a supply of Cable TV to an individual un-registered subscriber ie customer. Since the supply is made to an un-registered person, the LCO will issue a taxable invoice to subscriber. If the individual is a registered person, then the LCO will issue a taxable invoice to the subscriber. On the basis of taxable invoice, individual will claim the credit of GST. (b) Supply of Set-top box (STB) and Installation Charges : STBs are generally supplied to customers on activation basis. Customer activate STBs in his name on payment of activation charges from LOC. GST will be paid @ 18% on activation revenue collected by LCO from end-customers. MSO will also charge GST @ 18% on the STB activation charges from LCOs. LCOs will take the ITC credit of GST paid on the activation charges. Ownership of STB will always lie with the MSO since the box is not sold to LCOs. LCOs cannot sell the STB to the customer. They can provide the same on activation only. (c) Repair of STB STB repair charges collected from customers. If STB repair charges are paid to registered vendor/person, LCO will claim the GST @18% Input tax credit on the invoice issued by the vendor. If the STB repair charges are paid to unregistered vendor/person, LCOs will be liable to pay GST under reverse charge mechanism. LCO has to pay GST under Reverse charge and the same will be available as Input tax credit (ITC). (d) Supply of Broadband package or Other related supply made for the provision of Cable TV / Broadband package Supply of Broadband Services to the end user, LCO also acts as authorised Broadband agents for the internet service provider (ISP) company. The ISP may be an existing MSO, for whom the LCO is already working or may be a different ISP company. LCO collects and remits the amount collected from end user customers to Broadband services to the ISP company. LCO will claim the GST @18% Input tax credit on the invoice issued by ISP company/MSO. 2. Taxable purchases (Inward Supply) by the LCO’s: (a) Channels subscription Fee by MSO (b) STB Purchase from Vendors (c) STB activation charges paid to MSO (d) STB repair charges paid to Vendor (e) Cable Network items Purchase from Vendors (f) Office Rent Local Cable Operators LCO’s purchase/received Inward Taxable Supply from various Suppliers under GST also get input tax credit on purchase/inward supplies/channels subscription fee paid by LCO. Availability of ITC for Local Cable Operators on purchase/received Inward Taxable Supply from various Suppliers/vendors. ITC for Local Cable Operators will now be available on the purchase /Service received (Inward Taxable Supply) like Channels subscription Fee by MSO, STB Purchase from Vendors, STB activation charges paid to MSO, STB repair charges paid to Vendor, Cable Network items components Purchase from Vendors and Office Rent paid to the owner of the premise. Which were not available under the pre-GST regime. So, the input GST paid when renting a premise can be adjusted with the output GST from selling cable tv broadcasting service by local cable operator. In this case Local cable operator needs to be registered with GSTN, because he is working as an agent of other taxable person i.e. Broadcasting/Broadband Company. Local Cable Operators LCO’s have to Register for GST even if their total taxable revenue is less than the Rs 20lakh/ Rs 10lakh threshold limit. Local cable operator (LCOs) are selling the cable TV entertainment packages to the end users ie Customers. End users/Customers can only be viewed the channels/Cable TV with the help of Set Top Box (STB) through the supply of signal by cable network, This network is controlled, managed and serviced by Local cable operator (LOC), and this cable network is directly owned, controlled and provided by the MSO. This is taxable under Section 24, Clause (vii) of CGST Act, 2017, Compulsory registration in certain cases. Every Local cable operator LCO has to register under GST. Even if the LCO is managing only one Cable TV connection, he is liable to get registered under GST. LCO is taxable under Section 24, Clause (vii) of CGST Act, 2017, Compulsory registration in certain cases. Section 24 of CGST Act, 2017 explains Compulsory registration in certain cases as follows : The extract of Section 24 of CGST Act,2017 quoted below 24. Notwithstanding anything contained in sub-section (1) of section 22, the following categories of persons shall be required to be registered under this Act – (i) persons making any inter-State taxable supply; (ii) Compulsory registration in certain cases Section 24 of CGST Act, 2017(ii) casual taxable persons making taxable supply; (iii) persons who are required to pay tax under reverse charge; (iv) person who are required to pay tax under sub-section (5) of section 9; (v) non-resident taxable persons making taxable supply; (vi) persons who are required to deduct tax under section 51, whether or not separately registered under this Act; (vii) persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an agent or otherwise; (viii) Input Service Distributor, whether or not separately registered under this Act; (ix) persons who supply goods or services or both, other than supplies specified under sub-section (5) of section 9, through such electronic commerce operator who is required to collect tax at source under section 52; (x) every electronic commerce operator; (xi) every person supplying online information and data base access or retrieval services from a place outside India to a person in India, other than a registered person; and (xii) such other person or class of persons as may be notified by the Government on the recommendations of the Council. The above information clarifies about Compulsory registration in certain cases under section 24 of CGST Act,2017. Conclusion : Every Local cable operator LCO has to register under GST. Even if the LCO is managing only one Cable TV connection, he is liable to get registered under GST and paid the GST @18% collected from end user ie customer. LCO is taxable under Section 24, Clause (vii) of CGST Act, 2017, Compulsory registration in certain cases. As per Section 24, Clause (vii) of CGST Act, 2017 persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an agent or otherwise. Author Details : Ashish kamthania, Advocate, BSc, BEd, PGDCA, LL.B., LL.M. Director: Tax & Legal Professional Private Limited Contact at : [email protected] https://www.facebook.com/kamthania
