1. Central Tax Circulars
|44/2018||05/02/2018||Issue related to taxability of ‘tenancy rights’ under GST- Regarding.||1. Transfer of ‘tenancy rights will be considered as supply under GST and consideration for this will be taxable.
2. Renting of residential dwelling will still be exempt.
3. Services by out going tenant by way of surrendering the tenancy rights against consideration in form of tenancy premium is liable to GST
|43/2018||04/13/2018||Clarifying the issues arising in refund to UIN.||1. Filing of refund by UIN agencies on a quarterly basis will be in FORM RFD-10 along
with a statement of inward invoices in FORM GSTR-11. This will have to be manually filled in the printable version unless notified otherwise.
2. Recording of UIN on the invoice is a necessary condition
3. One time waiver and related guidelines in cases where UIN has not been recorded on the invoices pertaining
to refund claim for the quarters of July – September 2017, October – December 2017 and January – March 2018
|42/2018||04/13/2018||Clarifying the procedure for recovery of arrears under the existing law and reversal of inadmissible input tax credit||1. If CENVAT credit is claimed wrongly or carried forward wrongly and no recovery is done so far under the existing law, the same shall be recovered as arrears of tax under the CGST act.
2. Any dues in form of tax, interest, penalty, output duty or any amounts arising due to revision of returns that are recoverable, if not recovered under the existing law shall be recovered as arrears of tax under the CGST act.
3.Wrong transitional credit and interest, penalty, late fee connected to this shall be recovered from the balance in the electronic credit ledger or electronic cash ledger of the registered person.
4. From 1st of April, 2018, the return filing shall continue on www.aces.gov.in but the payment shall be made through the ICEGATE portal.
5. When arrears have to be recovered from persons who are not registered under the CGST act, this shall be recovered in cash.
|41/2018||04/13/2018||Clarifying the procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances.||The government has notified the following forms with regard to Inspection, Verification and Detention of goods in transit.
Form Name Purpose
GST MOV-01 Statement of owner, driver or person in charge of the vehicle
GST MOV-02 Order for physical verification and inspection of goods, conveyance or documents
GST MOV-03 Order for extension of time beyond 3 days for inspection
GST MOV-04 Physical verification report
GST MOV-05 Release order
GST MOV-06 Order of detention
GST MOV-07 Notice specifying tax and penalty amount
GST MOV-08 Bond for provisional release of goods/ conveyance
GST MOV-09 Order of demand of tax and penalty
GST MOV-10 Notice for the confiscation of goods
GST MOV-11 Order of confiscation of goods and conveyance and demand of tax, fine and penalty. Read more here.
|40/2018||04/06/2018||Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports – Reg.||1. Form FORM GST RFD-11 (form for LUT) has be filled by the registered person (exporters).
2. LUT shall be said to have been accepted as soon as an acknowledgement for the same is received.
3. The acknowledgement shall show the Application Reference Number (ARN). This is generated automatically online.
|39/2018||04/03/2018||Setting up of an IT Grievance Redressal Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal-reg.||1. Taxpayers who have faced IT related issues while filing returns on the GST portal are suppose to make an application with evidences to the field officers or the nodal officers.
2. When the taxpayer makes a genuine attempt to file any returns and cannot complete the filing due to an IT related problem, IT Grievance Redressal Committee has now got the right to approve and recommend the GSTN the steps to be taken to redress the problem and state the procedures to be followed.
3. For issues such as non-availability of internet connectivity or failure of power supply, this mechanism will not be available.
4. If due to the the non-filing of returns because of the IT problem, fees and penalty arise, the GST Council with recommendation of the IT-Grievance Redressal Committee may waive it of.
5. Taxpayers who couldn’t file their TRAN-1 on or before 27.12.2017 due to IT-glitch, can now complete TRAN-1 filing by 30th April 2018. (The time limit in general for non-effected taxpayers is not extended.) The amount of credit cannot be modified now.
5. For the above taxpayers, GSTR 3B has to be filled by 31st May 2018.
|38/2018||03/26/2018||Clarifications on issues related to Job Work||1. When goods are sent (i) by the principal to the job worker, (ii) from one job worker to another job worker; and (iii) from the job worker back to the principal., the principal is required to file FORM GST ITC-04 every quarter with the movement details. This form shall be fiilled by the 25th day of the month immediately after the quarter.
2. FORM GST ITC-04 is the intimation under the CGST act.
3. Job worker is liable to pay GST on the supply of job work services. If he is not registered, RCM will apply.
4. Any amount that the supplier has to pay in relation to the supply but which has been incurred by the job worker will form part of the valuation for that particular supply.
5. A registered Job Worker is eligible to avail ITC on inputs, etc. used by him in supplying the job work services.
|37/2018||03/15/2018||Clarifications on exports related refund issues||1. No refund of input tax credit shall be allowed in cases where the supplier of goods or services or both avails any drawback in respect of central tax.
2. A rectification of details of an invoice / shipping bill / bill of export in Table 6A or Table 6B of FORM GSTR-1, can be done in Table 9 of FORM GSTR-1.
3. when a fresh refund application has to be made, it will have to be made in FORM GST RFD-01A.
4. Refund claims can be made for sucessive months or quarters. However, clubbing refund for different financail years is not possible.
5. When exports are made at concessional rates, the exporter can take credit of the tax @ 0.05% / 0.1% paid by him
|36/2018||03/13/2018||Processing of refund application for UIN entities||1. Elligble persons can apply for grant of Unique Identification number (UIN) electronically by filling FORM GST REG-13. Multiple UIN is possible.
2. These entities are required to file details of inward supplies in FORM GSTR-11.
3. These entities can apply for refund on quarterly basis in FORM RFD-10.
|35/2018||03/05/2018||Clarification regarding taxable services provided by the member of the Joint Venture(JV) to the JV and vice versa and inter-se between the members of the JV||It is clarified that an unincorporated association or a body of persons, and a member are distinct persons.Thus GST will be applicable on services provided by the member of the Joint Venture(JV) to the JV and vice versa and inter-se between the members of the JV.|
|34/2018||03/01/2018||Clarification regarding GST in respect of certain services.||1. Bus body building activity is a composite supply and the classification of it as goods or service will depend on what is the principal activity.
2. Retreading of tyres, being a composite supply, will be supply of service. However, where the old tyres belong
to the supplier of retreaded tyres, it will be supply of goods.
3. Priority Sector Lending Certificates re taxable as goods at the GST rate of 18%. ITC to the bank buying the certificates will be available.
4. Only transmission or distribution of electricity by an electricity transmission or distribution utility is exempt from GST. Any connected services will be taxable.
5. Guarantee commission is taxable. (For guarantee provided by Government to business entities)
|33/2018||02/23/2018||Directions under Section 168 of the CGST Act regarding non-transition of CENVAT credit under section 140 of CGST Act or non-utilization thereof in certain cases-reg..||1. In cases where show cause notice has been issued in relation to CENVAT credit/blocked credit and such credit is not available as per an order, this credit cannot be utilized by a registered taxable person to pay tax.
2. If this credit is utilized it shall be recovered from the tax payer, with interest and penalty.
3. If this credit is more than Rs. 10 lakhs the taxpayers should submit an undertaking to the jurisdictional officer of the Central Government that such credit will not be utilized or has not been availed as transitional credit so far.
|31/2018||02/12/2018||Clarifications regarding GST in respect of certain services as decided in 25th GST Council meeting.||1. Hostel accommodation services do not fall within the ambit of charitable activities and hence are taxable. (If the declared traiff is less than Rs. 1000/ day, it is exempt.
2.Any fee/penalty paid by in the Consumer Disputes Redressal Commissions will not attract GST.
3. Elephant/ camel joy rides are not transportation services and will attract GST @ 18% with threshold exemption being available to small service providers.
4. Any Leasing or rental services, with or without operator, will be taxed at 28%.
5. Services provided by senior doctors/ consultants/ technicians hired by the hospitals, whether they are employees or not, is exempt.
6. The entire amount charged by hospitals, including food from the patients is exempt. However, food provided not as apart of treatement, to relatives, vistors etc will be taxable.
7. Cost of exploration, development, production royalty charged for providing petroleum to GOI is not consideration for service and is not taxable.
|31/2018||02/09/2018||Proper officer under sections 73 and 74 of the Central Goods and Services Tax Act, 2017 and under the Integrated Goods and Services Tax Act, 2017.||1. Superintendents of Central Tax can issue show cause notices and orders.
2. All officers up to the rank of Additional/Joint Commissioner of Central Tax are to be considered as proper officer for issuance of show cause notices and orders.
3. Monetary limits to issue notices and orders are notified.
|30/2018||01/25/2018||GST dated 25.01.2018 clarification regarding supplies made to the Indian Railways classifiable under any chapter, other than Chapter 86 .||Goods supplied as per this list to railways will be taxed at 5% GST with no refund of un-utilised input tax credit. Other goods will attract the general GST rate even if supplied to the railways.|
|29/2018||01/25/2018||GST dated 25.01.2018 seeks to clarify applicability of GST on Polybutylene feedstock and Liquefied Petroleum Gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol.||GST will be payable by the refinery on the value of net quantity of polybutylene feedstock and liquefied petroleum gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl Para Cresol.|
|29/2018||01/08/2018||Clarifications regarding GST on College Hostel Mess Fees||Services provided by an educational institution by themselves or through others in connection to supply of food or drink in a mess or canteen to its students or staff will be taxable at 5% without Input Tax Credit.|
|28/2018||01/04/2018||Clarifications regarding levy of GST on accommodation services, betting and gambling in casinos, horse racing, admission to cinema, homestays, printing, legal services etc.||1. In cases of accomodation services, GST will be payable on the actual amount charged and not on declared/published tariff. Thie highest declared/published traiff is used only to determine the GST rate. The declared/published traiff does not include taxes.
2. Room rent in hospitals is exempt.
3. Services by way of admission to entertainment events or access to amusement facilities including exhibition of
cinematographic films, theme parks, water parks, joy rides, merry-go rounds, go-carting, casinos, race-course, ballet, any sporting event such as Indian Premier League and the like and gambling will be taxed at 14% .
4. In case of betting GST would be on the entire bet value (Total bets).
5. When accommodation services are provided by hotels, inns guest houses or other commercial places meant for residential or lodging purposes through E-Commerce operators, registration under GST is not required if their turnover per anum is below Rs. 20 lakhs (Rs. 10 lakhs in special category states).
6. The supply of books shall be treated as supply of goods when such books are sold by the supplier has his own right on them.
7. Legal services including representational services provided by an advocate including a senior advocate to a
business entity will attract GST. RCM will be applicable here. (Business entity has to pay the tax)
2. Central Tax Orders
|2/2018-GST||03/31/2018||Incidence of GST on providing catering services in train||The Rate of GST on supply of food and drinks by the indian railways or Indian Railways Catering and Tourism Corporation Ltd. or their licensees, whether in trains or at platforms (static units), will be 5%. Input Tax Credit will not be available.|
|01/2018-GST||03/28/2018||Extension of date for submitting the statement in FORM GST TRAN-2 under rule 117(4)(b)(iii) of the Central Goods and Service Tax Rules, 2017||The period for furnishing the statement in Form GST TRAN-2 extended upto 30th June 2018.|