Time to time so many Notifications, Orders, Circulars, amendments in Rule/Rates etc have taken place with the passage of time since 1st July 2017 till date. Books on subject have their own reservations that after publishing book, immediate changes taken place which in turn redundant the books, therefore from time to time I compile the latest status of GST – which is Topic Wise for your help is as under:
1. Turnover > 1.50 crores or not opted for Quarterly Return
(Note – This limit of turnover is aggregate turnover of One PAN No. it is not state wise i.e. if you have not crossed Rs.1.50 crores in any state but aggregate you have crossed the limit of Rs.1.50 crores then you are debarred from Quarter Return Option.)
GSTR – 3B – (Notification No.56/2017 dt.15/11/2017)
On Monthly basis for all – (whether turnover is less or more than Rs.1.50 crores) –
For and from April, 2018 – No picture clear whether GSTR 3B will be continued or only GSTR 3 will take place as originally defined in the Act. We hope GSTN will work correctly.
GSTR – 1 – (Notification No.58/2017 dt.15/11/2017)
Originally dates came only for July 17 – for GSTR 2 & 3 were 31/10/17 & 10/11/17 respectively then by next notification – these dates extended to 30/11/17 & 11/12/17.
Till today no further dates announced for filing of GSTR 2 & 3.
2. Turnover < 1.50 crores
GSTR 1- dates – are as under (other dates as above)
Qtr Oct to Dec 17 – 15/02/2018
Qtr Jan to Mar 17 – 30/04/2018
GSTR 4 – By composition Tax Payers, in any case it is Quarterly because it can be opt by only those whose turnover is 1 crore.
Qtr Oct to Dec 17 – 18/01/2018
Qtr Jan to Mar 17 – 18/04/2018
GSTR 5 – u/r 63 – within 20 days of the following month every Registered Non Resident has to file his return:
July 17 to Dec 17 – 31st Jan 2018 (Extended by Notification No.68/2017 dt.21/12/2017)
Jan 18 – 20th Feb 2018
Feb 18 – 20th March 2018
March 18 – 20th April 2018 and so on
For depositing late fund/return in all cases it is Rs.50/- per day (Rs.25/- CGST + Rs.25/- SGST) and Rs.20/- (Rs.10/- CGST + Rs.10/- SGST) (if turnover is Nil).
This is for GSTR 1, 3B, 4, 5, 5A, 6.
Under section 50 Interest is to be paid on “Own” and can go max. 18% at present GSTN is not calculating interest on automatic basis only column of “Penalty” is coming as pre-filled therefore you are required to calculate and deposit interest also otherwise at the time of assessment or annual basis interest may be heavily charged on you.
E WAY BILL:
It has been defer till next date come – Notification No.74/2017 dt.29/12/2017 where 1st Feb, 2018 was effective date for pan-India has been RESCINDED by Notification No.11/2018 dt.2/02/2018. But respective states under like VAT era again started E way Bill as per their past practice like in UP from 9/2/2018 it has been again started.
ITC claim under Exports:
Till date concept of export without payment under scheme of “LUT” (Letter of undertaking) is continued.
There are two options for claiming refund of ITC on zero rated supply:
1. When IGST not paid and supplied under LUT – No IGST will be levied in Export Invoice and ITC on input will be claimed through RFD 01.
2. When IGST paid (net off Output liability less ITC paid on inputs) by filing GSTR 3 and EGM (under Rule 96) amount paid on export Gross Tax will be refunded by automatic route.
Note: This availability of ITC refund is available to Zero rated supply of Export directly to Foreign buyer or to NEPZ or SEZ but after Notification No.48/2017 dt.23/10/2017 where “Deemed Export” has also included “Supply to EOU”.
Effect of Notification No. 48/2017 dt.23/10/2017:
Following will be treated as “Deemed Export”
1. Supply of goods by a registered person against Advance Authorisation
2. Supply of capital goods by a registered person against Export Promotion Capital Goods Authorisation
3. Supply of goods by a registered person to Export Oriented Unit
4. Supply of gold by a bank or Public Sector Undertaking specified in the notification No. 50/2017-Customs, dated the 30th June, 2017 (as amended) against Advance Authorisation.
ITC claim/Refund Conditions Imposed by Notification No.48/2017 dt.18/10/2017
1. Acknowledgment by the jurisdictional Tax officer of the Advance Authorisation holder or Export Promotion Capital Goods Authorisation holder, as the case may be, that the said deemed export supplies have been received by the said Advance Authorisation or Export Promotion Capital Goods Authorisation holder, or a copy of the tax invoice under which such supplies have been made by the supplier, duly signed by the recipient Export Oriented Unit that said deemed export supplies have been received by it.
2. An undertaking by the recipient of deemed export supplies that no input tax credit on such supplies has been availed of by him.
3. An undertaking by the recipient of deemed export supplies that he shall not claim the refund in respect of such supplies and the supplier may claim the refund.
Drastic changes took place in recent meetings of GST, changes are as under:
1. Only 0.01% on all supply (inter or intra state) by any supplier to a “Recipient Exporter” who within 90 days export the same and mention in Invoice Tax Registration Number of supplier and exporter must be registered in EPC with other conditions. (CR-40/2017 dt.23/10/2017).
2. For Goods changed rates refer – Updated schedule of CGST rates on goods, as on 15.11.2017 as published by CBEC.
3. Raw Cotton has been added in RCM list if supplied by Agriculturist to any “Registered Supplier” (CR-43/2017 dt.15/11/2017)
4. Reduced rate of 5% Tax on items, which are mentioned in column 3 of Notification no. 45/2017 dt.14/11/2017 mainly research Institutes/laboratories etc.
5. For restaurants supply of food reduced to @5% (earlier link with room tariff as well standard rate @18%). Now if Room tariff is below @7500/- per day then food supply rate is 5% without ITC benefit. But outside catering/room rent = or > 7500/- per day then with ITC rate is @18%. (Notification CR-No.46/2017 dt.14/11/2017).
Effective Rates changed w.e.f. 25/01/2018 25th GST council meeting held at 18/01/2018:
1. 28% to 18% – NO ITC then Old SUV/medium large cars/all type of motors vehicle on the margin of supplier.
2. 28% to 18% – Buses public transport run on bio-fuels.
3. 18% to 12% – 20 ltr water bottles/Bio –diesel/sugar boiled confectionery/Bamboo wood building joinery/Mechanical Sprayer
4. 18% to 5% – Mehendi paste, LPG to domestic by private suppliers/Scientific & technical instruments.
5. 12% to 5% – Articles of straw, of esparto or of other plaiting materials; basketware and wickerwork
6. 12% to 18% – cigarette filter rods
7. 12% to 5% – Velvet fabric without ITC c/f of un-utilized balance
8. 3% to 0.25% – Diamond & precious stones
9. Nil rates – Vibhuti/parts & accessories of hearing aids/De-oiled rice brand
10. Nil to 5% – Rice bran other than De-oiled rice brand
11. Compensation Cess – Ambulance with all fittings 15% to Nil; All types of used vehicles
12. IGST – 18% to 5% – Satellites/payloads/scientific etc.
Note: Effective from 25th January 2018 at 00.00 am
Notification No.01/2018 dt.25/01/2018 – As in Notification No.11/2017 dt.28/06/2017 had only 18% rate for Contracts now it is 12% & 5% work to Govt where subcontractors to contractors given by Govt./Local Authority.
House keeping/plumbing/carpenter etc through E-commerce site @5%
Notification No.02/2018 dt.25/01/2018 – at 00.00 am
5% for Vessels transport of goods no ITC ; 18% Rental Services of Transport vehicle withn or without operators
Nil rate – in case of fumigation in a warehouse of agricultural produce.
Under RCM Notification No.13/2017 dt.28/06/2017 one addition made as heading No.5A through Notification No.3/2018 – “Services supplied by C Govt/S Govt./Local Authority by way of renting immovable property to Registered supplier then 18% RCM on rent has to pay. For example you have taken Vigan Bhawan for seminar etc or community hall for marriage etc.
Note – Noida Authority has got designation of “Local Authority”
** Very Important Change in Taxation as per Notification No. 4/2018 dt.25/01/2018 where in simple language if you give a plot and you are registered supplier to any contractor/developer/builder etc for consideration in lieu/form of service of complex, building or civil structure AND registered person who supply construction service of complex etc to the supplier of development right (plot holder) liability arise shall arise at the time when the said developer, builder, construction company or any other registered person, as the case may be, transfers possession or the right in the constructed complex, building or civil structure, to the person supplying the development rights by entering into a conveyance deed or similar instrument (for example allotment letter)
All old used vehicles other than as mentioned above 12% – Notification No.8/2018 dt.25/01/2018.
(Author can be reached at [email protected])