GST Transitional Claims

GST Transitional Claims of Over Rs 1 Cr to be Scrutinised

While tax collections in July were Rs 95,000 cr, transitional credit claims are Rs 65,000 cr

As much as Rs 65,000 crore out of the nearly Rs 95,000 crore tax collections in July -the first month of GST -have been claimed as transitional credit by taxpayers, prompting the apex indirect taxes body the Central Board of Excise and Customs to order a scrutiny of all cases above Rs 1 crore.

The Goods and Services Tax (GST) regime, which kicked in from July 1, allows tax credit on stock purchased during the previous tax regime. This facility is available only up to six months from the date of GST rollout.

Central Board of Excise and Customs (CBEC)

The Central Board of Excise and Customs (CBEC), the body which deals with formulation and implementation of policy concerning the levy and collection of indirect taxes, in a letter dated September 11 has asked tax officials to verify GST transitional credit claims of over `1 crore. In the transitional credit form TRAN-1  filed by taxpayers along with their maiden returns for July, businesses have claimed a credit of over Rs 65,000 crore for excise, service tax or VAT paid before the GST was implemented from July 1.

As per the GST law, carry forward of transitional credit is permitted only when such credit is permissible under the law.

“The possibility of claiming ineligible credit due to mistake or confusion cannot be ruled out… It is de sired that the claims of ITC (input tax credit) of more than Rs 1 crore may be verified in a time-bound manner,“ the CBEC emphasised. It asked the chief commissioners to send a report to the CBEC by September 20 on the claims made by these companies.

CBEC

To ensure only eligible credit is carried forward in the GST regime, the CBEC has asked field offices to match the credit claimed with closing balance in returns filed under the earlier law. They are also required to check if the credit is eligible under the GST laws.

Till last week, as many as 70 % of 59.57 lakh taxpayers had filed returns for July, amounting to maiden revenue of Rs 95,000 crore under the GST regime.

However, out of this, the input tax credit (ITC) data for Central GST (CGST) claimed in TRAN-1 has shown that registered businesses have claimed over Rs 65,000 crore as transitional credit.

The government, in late August, had come out with form TRAN-1for businesses to claim credit for taxes paid on transition stock.

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GSTN Reopens

GSTN reopens window for composition scheme

 

The GST Network (GSTN) on Sunday said it has revived the office for small taxpayers with the turnover of up to Rs 75 lakh to opt for composition scheme.

Such Small taxpayers will have time until September 30 to choose the plan, which offers simple consistence for business as returns are to be documented just quarterly.

 

Taxpayers were prior given time till August 16 to settle on sythesis plot.

Be that as it may, just 10.86 lakh taxpayers, out of aggregate 85 lakh enrolled organizations settled on the plan.

In an announcement, GSTN said the window will be open for those assessees who have moved from the earlier excise/ service tax/VAT regime as well as for new registered taxpayers.

To make this office accessible to every one of the individuals who couldn’t settle on Composition, the office has been opened once more.

The GST Council had a week ago chose to revive the window for enabling taxpayers to select the plan.

The individuals who settle on structure conspire amid this period will get this office from October 1 for the current monetary year.

For the period preceding October 1, the taxpayers will be dealt with as typical citizen and should record month to month return for the period till September 30, 2017.

GSTN CEO Prakash Kumar said that the arrangement conspire has been intended to streamline and decrease the weight of consistence for littler taxpayers.

To choose the plan, the citizen needs to sign into his record at the GST Portal www.Gst.Gov.In and select the “Application to settle on the sythesis plot” under the “Administrations” menu.

In the wake of filling in the frame, he needs to present the application utilizing Digital Signature or E-signature or Electronic Verification Code, GSTN said.

Is Gratuity Tax-Free?

How is Gratuity Calculated and Is it Tax-Free?

Gratuity so payable is given to the representative when he/she satisfies the criteria of proceeded with benefit for a long time or more for superannuation or resigns or leaves and on the off chance that a worker kicks the bucket or builds up some inability inferable from mischance or ailment, the measure of Gratuity is payable paying little respect to residency.

Gratuity and GST

How is Gratuity Calculated and Is it Tax-Free? Picture for representation.

Gratuity is one of the advantages that a worker is qualified for at the season of his retirement and is being paid as a singular amount measure of cash that acquires from the business’ assets. The arrangements relating to tip are secured under the Payment of Gratuity Act, 1972.

Under this demonstration, Gratuity is accessible to all representatives who are working in any office which have no less than at least 10 than ten representatives and incorporates production lines, mines, oilfields, ranches, ports, railroad organizations, shops, and so on. Gratuity is payable to just lasting workers.

In any case, the main pre-essential to assert tip is that the representative ought to have been wor Gratuity Calculated ruler for the business for a time of least 5 years yet bars those situations where the worker has kicked the bucket or has built up a handicap attributable to mischance or disease.

Tip so payable is given to the representative when he/she satisfies the criteria of proceeded with benefit for a long time or more for superannuation or resigns or leaves and in the event that a worker kicks the bucket or builds up some inability attributable to mischance or disease, the measure of Gratuity is payable paying little mind to residency. The measure of Gratuity is paid to the representative inside 30 days from the date of being issued to the individual qualified for it. On the off chance that, there is any postponement or default the business should pay enthusiasm on such sum.

How to Calculate Gratuity?

Gratuity is computed by utilizing the accompanying equation –

Gratuity = Last Drawn Salary (Basic + DA) × 15/26 × No. of Years of Service (rounded off to the full year)
Where 15/26 = 15 working days out of a total of 26 per month

Where 15/26 = 15 working days of an aggregate of 26 every month

On the off chance that it is demonstrated that the workers’ administrations were fired on the grounds of good turpitude over the span of authority business or any demonstrated wrongdoing on the representatives’ part, will prompt the relinquishment of his tip sum totally.

Gratuity is not so much tax-exempt yet a specific sum is exempted from imposing. Prior, in April 2010 such exempted sum was ?3.5 Lakhs, however then was expanded to ?10 lakhs. As indicated by this, in spite of having reserved a sum more noteworthy than ?10 Lakhs as Gratuity, the measure of tax-exempt withdrawal can’t surpass ?10 Lakhs after which the assessments are deducted from the rest of the sum, and the sum that is (if) left after conclusion of duties is paid to you under the head ‘Wage from Salaries’.

In any case, the Payment of Gratuity (Amendment) Bill, 2017 is good to go to be presented in the Parliament and goes for expanding this exempted add up to ?20 Lakhs tax-exempt tip from the aggregate sum of tip which implies that now just that tip sum will be liable to charges that surpasses ?20 Lakhs which will bring about the workers taking a higher measure of tip.

The Tax-exemption on Gratuity is calculated on the lowest amount from this three

1. Upper Limit of Tax-Free Gratuity

2. Actual Gratuity Received

3. Gratuity Calculated as per the Formula: Gratuity = Last Drawn Salary (Basic + DA) × 15/26 × No. of Years of Service (rounded off to the full year)