Beruflich Dokumente
Kultur Dokumente
OR BANE
Nitika Gaur
WHAT IS GST ??
• GST means Goods and Services Tax
• One Nation One Tax
• It’s a destination based Tax
• Biggest Tax Reform as well as Business
Reform
• Original Idea in 2006
• Proposed Implementation 2010
• Finally Coming in 2017
Appointed Day
• @ 4% Jan 2003
• @ 5% Jan 2004
• @ 7% July 2007
Five Acts
• The Central Goods and Services Tax Act, 2017
• The State Goods and Services Tax Act, 2017 (State wise)
TYPES OF TAXATION IN GST
• ELECTRICITY
• PETROLEUM PRODUCTS
• ALCOHOL
Rate of Tax
(Highest Can Go up to 40%)
• Exempt
• 0% : Zero Rated for export
• 3% : Gold
• 5% : Essential Goods
• 12% : Basic Necessity Products
• 18% : Revenue Neutral Rate
• 28% : Demerit Goods
GSTN
• GST Company Incorporated (49% Central 51% State
and Govt Companies)
• 1% for Traders
• 5% for restaurants
RCM
• No C Form
• No F Form
• No H Form
• Stock Transfer : GST Applicable (Inter State)
Tax Free Zones
• By Government Departments
• By Specified Persons
• Value Exceeding Rs. 2.5 lacs
Tax & Returns
•Monthly Online Tax
•Monthly online Returns
•R1 : 10th R2 : 15th R3 : 20th (For Regular Dealer)
•R4 : 18th (For Composite Dealer)
•R5 : 20th (For Non Resident)
•R6 : 13th (For ISD)
•R7 : 10th (TDS Return)
•R8 : 10th (E-Commerce Operator)
•R9 : 31st Dec (Registered Taxable Person)
…Returns
• (Myth : Huge Burden) Vs. (Reality : Easy)
• First 2 months last date relaxation and file R-3B
Summary Return (July and Aug – As per 18th June
Meeting of GST Council)
• Return can not be revised (Its Good)
• Annual return
• Individual Purchase and Sales bill to be uploaded
• Invoices can be kept in soft Copy (Its good)
• Limitation Period for raising demand is 5 years
Input Service Distributor
• ISD
• 12 monthly returns
• 1 Annual Return
Input Credit
• Credit Available for most of the Purchases in the course of
Business (A major Gift from the Present regime)
• Capital Goods Credit is available in one go
• Electronic Matching of Input Credit
• Input Credit is proportionately available for Taxable and Zero
rated goods only (Means for exempted goods it is not allowed)
• No Input Credit after Annual return is filed
• Serious Point : Supplier has Actually paid tax charged in respect
of Supply and furnished Return
• If Goods are received in lots : Input credit can be claimed upon
receipt of the last lot
Non Creditable Goods
No input credit available for :
- Motor Vehicles
- Food & beverages
- Outdoor Caterings
- Beauty Treatment
- Health Services
- Cosmetic and Plastic Surgery
- Club Membership
- Rent a cab
- Insurance
- Personal consumption
- Goods lost, stolen, destroyed, written off, disposed of by gift or sample
etc.
- Works contract on immovable property
Impact Analysis
Costing
•Change of Tax Rate
•Input Credit Availability
•Multiple Registration
•Consolidation of Godown or Interiors
•Transportation (No Entry Barrier and impact)
•IT Infra GST Compliant
•Finance Management (Stock Transfer : Working Capital)
•Compliance Cost (Invoice wise detail)
•Training to Team (Workshops)
SUPPLY
ALL FORMS OF SUPPLY COVERED :
•Sale
•Transfer
•Barter (Not in VAT) (other goods)
•Exchange (Not in VAT) (same kind)
•License
•Rental
•Lease
•Disposal
Business Includes
Section 2(17)
• Any Trade or Commerce, Manufacture, Profession, Vocation,
Adventure, Bet, whether or not for monetary benefit
• Incidental activity
• Race club
• Service by Govt.
ACTIVITIES TO BE TREATED AS SUPPLY
EVEN IF MADE WITHOUT
CONSIDERATION (SEC 7)
• Permanent Transfer or disposal of business assets (Eg.
Donation, Pharma Company free supply)
• Supply of Goods or Services between related persons
(Except Gift to employee upto Rs. 50000 in a FY)
• Principle to Agent (Earlier F Form were applicable)
• Closure of Business
• Example : Air Conditioner Transfer from Stock in trade to
Personal Use
Important to Note for Construction
Earlier of :
• Date of Issue of Invoice or
• Last date on which he is required to issue invoice
• Payment received (earlier of entry in books or
credited in Bank)
Place of Supply for Goods
(Sec 10)
• General Rule : Location of the Goods at the time where movement
of goods terminate for delivery to recipient.
(Eg. Mobile Purchase in Gurgaon)
• Goods Involving Delivery : Principal Place of Business of
Registered Buyer
(Eg. Delivery to third party)
• No Movement of Goods : Location of Goods
(Eg. Generator)
• Goods Assembled at site : Place of assembly
• Supply on Board : Location from where boarded (Aircraft in Delhi)
Place of Supply for Services
(Sec 12)
• General Rule :
- Location of Registered Buyer
- If Buyer not registered then known address
- Other cases, location of supplier
• Services for Immovable Property : Location of
Property
• Training Services where Actually Performed
• Admission to Event : Location of Event
• …....
Tax Invoice
Ex-2
• Where a laptop is supplied for 40000 along-with a barter of
printer that is manufactured by recipient and the value of printer
known at the time of supply is 40000
• But the open market value of laptop is not known
• The value of the supply of laptop is 44000.
Value is Given for Spl Cases
• Money Changer
• Insurance Policy
• Second Hand Goods
(Net Value)
Rating of persons
• New Initiative in GST to give rating to
Persons
• Defaulters identify
• Facilitate Companies to appoint good
associates
PAYMENT OF VALUE OF SUPPLY AND
TAX TO SUPPLIER WITHIN 180 DAYS
• Inter-state
• Casual Taxable Person
• Reverse Charge Person
• ISD
• E Commerce Operator
• Person making taxable supply on behalf of another taxable person
• Person required to deduct TDS 9. Online Information and Database
access or retrieval system
Tax Credit on Stock
Registered Person
• Credit as per Last return on Appointed Day
• Physical Presence or
• Person representing or
In taxable territory
….E Commerce
• Tax Collection at Source (TCS) @ 1% on
net value
• Pay and Furnish statement by 10th
• Supply through E-Commerce :
Mandatory Registration (No thresh-hold Limit)
• Concept of Matching of Supply of
E-Commerce Operator and Supplier
Accounts & Records
Accounts
• Production
• Inward and Outward Supply of Goods or Services
• Stock
• Input Tax Credit
• Output Tax Credit
Audit
-1 crore Penalty
-No account then tax payable on goods plus penalty
Period of retention of Accounts
- 72 months (6 years)
Penalty