Prior to introduction of the GST, the exemption was available for all types of customs duties including CVD (Additional customs duty popularly known as countervailing duty) and SAD (Special Additional duty or countervailing duty for sales tax). The notification expressly permitted the duty-free imports even after fulfillment of the export obligation.
णlosing balance of Cess credit is not transferable as ITC under GST. This article discusses the course of action that the tax payer, who have carried forward the credit requires to take.
Due to initial ambiguity, many of the taxpayers continued the earlier practice and has been paying GST on the ‘free supplies’. The recent clarification can be taken as a basis and may discontinue the GST payment on the ‘free supplies’. The GST paid in past may be claimed as refund if the recipient did not avail the input tax credit of it or reversed it now.
Education Cess was being levied on Central Excise and Service Tax from 10.09.2014. Education Cess paid on the purchase was available as a credit against payment of education cess on payment on the output removal.
Unlike old Central indirect taxes (Central Excise, service tax) wherein ruling can be sought only on proposed transactions, GST laws provide an advance ruling on all types of transactions whether it is proposed or already occurred.
Conceptually GST is destination/consumption based tax i.e. person consuming the service/goods shall bear the burden of such tax and that revenue shall go to the corresponding state but no provision express this concept/ philosophy. However same was inherent and more adequately embodied in the provisions of Place of supply (POS).
One of recent trends has been enquiries and letters by service tax department to all restaurants/bars/wine shops demanding payment of service tax on liquor license fee paid to state government.
GST is intend to cover larger number of people under its net and further keeping threshold exemption limit of 10Lakhs many people would come under GST net. Small tax payers may not have sufficient infrastructure, knowledge, awareness etc., in complying with various provisions of law including accounting, IT/ERP availability, and huge paper work.
GST is said to be levied on supply in legal words taxable event is supply thereby dispensing with the existing different taxable events for different levies of duties/taxes like Manufacture for levy of excise duty, ‘sale’ for levy of VAT/sales tax etc., Therefore understanding of the expression ‘supply’ is highly important.
What is the present amendment? Upto 29.02.2016 only concrete mix manufactured and used at site was exempted from excise duty. However from 01.03.2016 the exemption is also extended to RMC manufactured and used at same site.
