Latest Tax Updates

Today’s Tax Updates

1. Companies can now hold Board Meetings via video conferencing for any agenda item. MCA Notification GSR 409(E) of 15.6.21.

2. Tax Deduction At Source (TDS) under Section 194Q of The Income Tax Act, 1961 (effective from 01.07.2021) To further extend the tax base, the government has introduced a new section 194Q of the Act vide the Finance Act 2021 and made the same effective from 1st July 2021.

7 GST Circulars issued today 

3. DECODING OF NEW REGISTRATION FORMS FOR TRUST. If a trust is already registered u/s 12 AA and has filed a return of income for AY 20-21 then
No need to file a copy of the Balance Sheet.

4. GST: Fastag data has been integrated with the e-way bill system. On a daily average, 24 Lakh Fastag transactions from 826 toll plazas, related to commercial vehicles are exchanged between NPCI/NHA and NIC systems. These details will help the GST officers to track the movement of e-way bills using the new analytical reports.

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5. Income Tax: Business Run by Karta of HUF Cannot Be presumed to be Joint Family Business: Case Name: Kiran Devi Vs The Bihar State Sunni Wakf Board & Ors. (Supreme Court of India). Appeal Number: Civil Appeal No. 6149 of 2015 Date of Judgement/Order: 05/04/2021

GST Rate on Gold Jewelry Which is made out of Gold

GST is applicable on Gold and Jewellery that is made out of Gold. GST on Gold is 3% and extra 5% GST would be applicable on making charges. So, GST will be applicable on both – Gold @ 3% and also on making charges @ 5%.

Exp– While purchasing a necklace in which value of Gold is Rs. 100000 and Making Charges is Rs. 5000. In this case calculation of GST and value of Jewellery would be as below-

 

GST Price on Gold Imported from Outside Country

If gold is imported from outside country, NO GST will be applied however, custom duty @10% will be applicable on the value of imported goods. Hence, when a gold is imported out of no GST is payable but you have to pay custom duty @ 10% on value of gold/jewellery as per the situation.

Import of Raw Gold or Semi Raw Gold by Registered Individual or Business –

If Raw Gold, Semi Gold and even Jewellery is imported by the registered business or individual then also Custom duty @10% will be applicable, the custom duty will be added to the cost of imported gold, the indene of which shall be passed to the end user. Also, GST will be applicable on Custom Duty while making sale of Imported Gold in India. The Situation can be understandable form the below example.

Example – ABC ltd. Imported Raw Gold from UAE for Rs. 100000 on which Custom Duty @ 10% will be Applicable. Mr. E (an end user) buys jewellery made out of Imported Goods from ABC Ltd.

ABC Ltd. Apart from cost of gold charged Rs. 10000 as making charges. What will be the Cost of Jewellery to Mr E

The Calculation of Cost of Jewellery to Mr E is as below:

 

Points to Consider While making Purchase of Gold/Jewellery

Below things will save you from payment of extra Tax then what required

  1. Adornments are typically made using 22KT, 18KT and 14KT gold. Lesser the nature of gold – Lower the price will be and lower GST as well.
  2. If any Stone, Gems, Diamonds, etc. are included in Weight and Value of Jewellery make sure that Such Stone, Gems, Diamonds, etc. will be weight and valued differently as their tax treatment is different from Gold.
  3. Prices of Gold are tend to daily changes, so see the price of gold before making purchase.
  4. Make sure the Jewelery/ Gold you purchased is hallmarked/BIS certified.

Enquire with Certicom Consulting in case you have any further queries related to this.

Goods and Services Tax (GST) Refunds on Export

In India, the export of goods and/or services has reduced as interstate supply and thus is subject to Integrated GST. However, as per the rules made under the IGST law, the exported goods and services are considered as zero-rated supplies, hence allowing the exporter to claim GST refunds on their export.

On the other hand, even though the supply of goods and services beyond national borders attract 0% GST, it is compulsory for an exporter to register under GST if his aggregate turnover exceeds GST threshold of 40 lakhs (20 lakhs for Special category states), as mentioned in notification number 10/2017- Integrated Tax.

Nevertheless, the mentioned provision has been included under IGST law to promote and facilitate the growth of export in India. But, for an exporter to be able to get these benefits, the benefits are subject to conditions as given below

Required Eligibility To Claim GST Refunds On Export

Any registered taxable individual, except Input Service Distributor (ISD), Compounding Taxpayer, TDS Deductor and TCS Collector, can claim a refund for the taxes paid on exports, if the supplied goods and/or services fulfills the following conditions:

  • Supplier is located in India.
  • Recipient and the place of supply are located outside India.
  • Payment for this service has been received by the supplier in convertible foreign exchange.
  • Supplier of service and the recipient of service are not merely establishments of a different person.

Exporting Goods And Services Under GST

In order to get the option of export without payment of IGST, the registered exporter is required to give a bond or Letter of Undertaking (LUT) before the export. The issuance of LUT validates the export process, establishing the export of goods within three months 15 days from the invoice date, when the payment for the same (in foreign currency) will be received within one year 15 days of the invoice date.

The exporter need to submit the bond, supported by a bank guarantee of an amount not exceeding 15 per cent of the bond amount on a non-judicial stamp paper for each and every export. The validity of a LUT is for one year and is to be submitted on the company letterhead.

GST Refund Process For Exporters

An exporter can claim IGST refund for export as per one of the two options mentioned below:

  • The supply goods and/or services is done under bond or LUT, without payment of IGST. In such case, the exporter can claim a GST refunds on export of the not utilized ITC available for CGST, SGST and IGST
  • The supply goods and/or services is done as per the given process, along with the IGST payment. In such case, the exporter can claim a refund for the IGST paid on the supply.

Also, the exporters monthly GST returns should show export details, as given below:

  • Form GSTR 1: Export details in Table 6A of GSTR-1, along with “shipping bill” details of the IGST paid.
  • Form GSTR-3B: Valid details, relevant to the export period.

By successful filing of these forms, the GSTN portal shares the received export details with the ICEGATE. For which, the details given in attached documents and GSTR 1 is validated by the ICEGate system and the refund process is started.

As per the IGST Act, 90% of refund processing is completed within 7 days of filing refund application. The acknowledgement of the same is shared with refund payment is directly done to exporters the refund payment is credited to the account of the taxpayers, the ICEGATE system will give the payment information with the GST Portal will send the details through SMS and e-mail with the taxpayers.

Documents Need To Attach For GST Refunds On Export

Shipping Bill:
For IGST refund claim, there is no need for the exporter to file any other refund application as the Shipping Bill (along with Export Manifest) is considered as a refund application.

Bank Realisation Certificate (BRC)/ Foreign Inward Remittance Certificate (FIRC):
The BRC or FIRC are very crucial documents that are required to support the refund claimed for the export of service. The exporter can get their BRC issued by their authorized bank on each invoice, while the FIRC is issued on any inward remittance received against an export. There is no need of any different application for refund of IGST paid on export of Goods.

Export General Manifest (EGM):
As per Instruction No. 15/2017-Customs, dated 09-10- 17, filing of an export manifest is must for treating shipping bill or bill of export as refund claim. The export report is filed in case of export by land and Export manifest is filed in case of export by air or sea. Export manifest is need to be filed u/s 41 and 42 of the Customs Act, prior to the departure of the conveyance carrying the goods. Commissioners have to ensure that export report/EGM is filed in given time limits.

Correction Made In Form GSTR -1

For any incomplete or erroneous filing of form GSTR 1, the exporter can file Table 9A – Amended Export Invoices in their subsequent GSTR 1 filing. In case of any missing invoice (in current GSTR 1), the exporter can report the same in Table 6A of Form GSTR -1 of the subsequent period.

Correction Made In Form GSTR -3B

As per the circular number 26/26/2017 issued by CBEC, corrections in Form GSTR-3B for a given tax period can be reported in subsequent GSTR-3B filing, as below:

  • The tax paid on exports, which are mentioned in table 3.1(a) or table 3.1(c) instead of table 3.1(b), in such case the needed corrections can be done in the coming month to the extent permitted.
  • The tax paid on exports has been mentioned as zero in table 3.1(b), the correct amount can be declared and offset during GSTR -3B filing of the subsequent month.
  • The tax paid on exports declared in table 3.1(b) is less than the return specified in the invoices filed under Table 6A, and Table 6B, of Form GSTR 1, differential amount of tax can be declared and offset during GSTR 3B filing of the subsequent month.

Contact us or email us at [email protected] for any further queries on GST filing and registration.