28th GST Council Meeting – Announced..!!!

1. Highlights of this GST Council meeting

      A) GST Return Filing process further simplified
  • Regular taxpayers with a turnover up to Rs 5 crore can choose to file GST return on a quarterly basis against the previous boundaries of Rs. 1.5 crore. These taxpayers must, however, pay taxes on a monthly basis through Challan.
  • Regular taxpayers with a turnover of more than Rs. 5 crores, must file a monthly return filing RETURNS new proposed Shri Nandan Nilekani system was adopted.
  • Amendments made by submitting the return referred to amendments of return and payment, if any, will be in itself a return to help keep interest liability for taxpayers.
  • It is proposed, NIL return filers (no buying and selling there) must be provided in the return of the object file to send SMS.

B) SOps for composite dealers get the nod

  • Composition dealers can now covered the supply of services: the boundary equal to or less than 10% of turnover, or rendered RS lakhs 5, depending on the above services, fixed to choose circuit *. Restaurant services are not considered to include these criteria.
  • All council members voted unanimously, by virtue of the increased threshold limit of Rs. 1.5 crore from the existing Rs 1.0 lakh as soon as possible.

C)  At registration GST

  • Taxpayers may opt for multiple registrations within the territory of the State / Union with respect to several businesses located within the same State / Union. It has previously been limited by several companies in certain countries.
  • e-commerce operators should have compulsory registration of GST only on the Non-Exempt goods.
  • The threshold for the release of GST is increased to 20 from 10 lakhs 6 States -Taxpayers, working in Sikkim Arunachal Pradesh, Himachal Pradesh, Uttarakhand, Assam and Meghalaya.

D) The reverse charge mechanism is postponed for a year before September 30, 2019

  • Committee to study the pros and cons of the system, as well as a probable impact on income.
  • At the same time, the amendment proposed Levy GST on the reverse charge mechanism only on these goods in the case of certain classes of registered persons declared receiving shipments from unregistered suppliers.

E) Creating GST Appeal Tribunal

  • National Bench will be established in New Delhi.
  • 3 State / Regional Bench come to Mumbai, Chennai and Kolkata with a few benches district.
  • Amount preliminary deposit paid for appeal to appeal body and Appeal Tribunal be limited to the RTS. 25 crore and Rs. 50 crore, respectively.

28th session of the GST Council focused on: Simplify the business and tax compliance targeting / providing assistance to small-scale taxpayers through quarterly filing appeal and speed reduction on raw materials / inputs. About 93% in favor of the taxpayer by quarterly supply. middle class citizens, who will benefit from reduced rates on consumer-related products.

2. Recent Rate Changes on Goods

GOODS

S.NO Items New Rate Old rate
1 Rakhi (other than that of precious or semi-precious material )
Nil
18%
2 Sanitary Napkins 12%
3 Circulation and commemorative coins 5%
4 A raw material for broom 12%
5 Stone/Marble/Wood Deities 5%
6 Sal leaves and its products 18%
7 Khali donate 18%
8 Coir pith Compost 5%
9 Chenille fabrics and other fabrics under 5801
5%
12%
10 Handloom dari
11 Phosphoric Acid (fertilizer grade only)
12 Handmade Carpets, Textile Floor, Coverings
13 Knitted cap/topi having retails sale value exceeding Rs. 1000
14 Kota Stones and Similar Stones (other than polished)
18%
15 Ethanol for sale to oil marketing companies for blending with fuel
16 Solid Biofuel pellets
17 Marine Engine 28%
18 Bamboo Flooring
12%
18%
19 Hand Operated Rubber Roller
20 Brass Kerosene Pressure Stove
21 Zip and Slide Fastener
22 Handicrafts (Excluding handmade)
23 Handbags including pouches and purses; jewellery box
24 Fuel Cell vehicle 28%
25 Televisions up to 68 cm
18%
28%
26 Glaziers’ putty, grafting putty, resin cement
27 Refrigerators, freezers, water cooler, milk coolers, ice cream freezer
28 Washing Machines
29 Food Grinders & mixer
30 Vacuum Cleaners
31 Paints and Varnishes (including enamels and lacquers)
32 Shaver’s, Hair Clippers
33 Hair Cleaners
34 Storage water heaters
35 Immersion heaters
36 Hair Dryers, Hand Dryers
37 Electric Smoothing irons
38 Scent Sprays
39 Toilet Sprays
40 Pads for application of cosmetics or toilet preparations
41 Lithium-ion batteries
42 Powder Puffs
43 Special purpose motor vehicles
44 Work Trucks (Self-propelled, not fitted with lifting or handling equipment)
45 Trailers & Semitrailers
List of Goods Exempt
Fortified Milk exempt 5%

3. Recent Rate Changes on Services

SERVICES
Rate Change
Services New Rates Old Rates
Supply of e-books 5% 18%
Supply of Multimodal Transportation 12% Nil
List of Services Exempt
Senior Citizens
1. Sevices provided by Coal Mines provident fund organisation to the PF subscribers
2. Services provided by Old age home run by state government / central government to the citizens aged more than 60 years up to Rs. 25000
3. GST exempted on the administrative fee collected by National Pension System Trust
4. Services provided by an unincorporated body or non-profit entity registered under any law to own members up to Rs. 1000 per year of membership fees.
Agriculture/ Farmers
1. Services by way of artificial insemination of livestock (other than horses)
2. Services provided by FSSAI to food businesses.
3. Services provided by way of warehousing minor forest produce
4. Services provided by the installation and commissioning by DISCOMS for extending electricity distribution network for agricultural use.
Banking/Finance/ Insurance
1. Reinsurance services provided to insurance scheme such as Pradhan Mantri Rashtriya Swasthya Suraksha Mission
Government
1. Guarantees are given by central/state government to their undertakings/PSUs.
2. Services provided by a government to ERCC by assigning the right to collect royalty to mining lease holders.
Miscellaneous
1. Import of services by Foreign diplomatic missions/UN other international organizations
2. GST rate slabs will apply on the actual rate for hotel services instead of declared tariff.

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GST Payments and Refunds

After GSTR 1 and GSTR 2 entered by the seller must install GSTR 3 and make GST Payment. Also, if the refund is required, the same will be done by forming a refund application form.

A. Payments –

1. What are the payments to be made under the GST?

     Under the GST tax is paid mainly divided into 3:-

  • IGST – paid delivery (charged to the centre) is made at the interstate
  • CGST – paid when the supply in the State (Payable to centre)
  • SGST – paid when the supply in the State (Payable to state)
CIRCUMSTANCES CGST SGST IGST
Goods sold from Delhi to Bombay NO NO YES
Goods sold within Bombay YES YES NO
Goods sold from Bombay to Pune YES YES NO

In addition to the above payments, the dealer is obliged to make these payments –

  • Tax withheld at source (TDS) – TDS is a mechanism by which the tax is held at the dealer before making transfer vendor

For example –

A government agency provides a road builder laying contract. The contract is worth Rs 10 lakh.

When a government agency makes a payment the developer TDS @ 1% (equivalent to Rs 10,000) will be deducted and the balance amount will be paid.

  • Tax amount of the source (TDS) – TDS is the mechanism by which the tax is deducted from the dealer before payment is made to the supplierThis provision is currently relaxed and will not be applicable for reporting by the government.
  • Reverse charge – The obligation to pay tax shifts from the supplier of goods and services to the recipient. To find out more about the reverse charge, check out our article “Meet All About Reverse Charge under GST

Reverse Charge under GST

  • Interest, penalties, fees and other payments

2) How to calculate the payment of the GTS to be made?

The way in which the calculation is to be made is different for different types of dealers –

  • Regular Dealer:- The regular dealer is required to pay GST on external supplies made and may require input tax credit (ITC) of the purchases made by them.
  • Composition Dealer:- Payment of GST for the composition of the dealer is relatively simple. Merchant, who chose the layout scheme has to pay a fixed percentage of the total amount of GST on foreign supplies made.

3) Who should make a payment?

These dealers are obliged to make a payment to the GTS –

  • A registered dealer is required to make a GST payment if there is GST liability.
  • A registered dealer is required to pay a tax under the Reverse Recovery Mechanism (RCM).
  • The electronic commerce operator is obliged to collect and pay TCS
  • Dealers demanded the seizure of TDS

4) When should the GTS be paid?

Payment for GST should be made when GSTR 3 is submitted, that is, by the 20th of the next month.

5) What are e-books?

These books are held electronically on the GST portal.

e-book

6) How to make a payment to GST?

The fee for GST can be made in 2 ways –

  • Payment through a credit book –

The ITC loan can be taken by dividers for payment to the GTS. The loan can only be taken for a tax payment. Interest, fines and late fees cannot be paid using the ITC.

  • Payment through a Cash Register –

Payment with GST can be made online or offline. The challenge must be generated on the GST portal for online payment and log in.

When the tax liability is more than 10,000 rubles, it is mandatory to pay taxes on the Internet.

7) What is the penalty for non-payment or late payment?

  •  If GST is a short-term, unpaid or paid overdue interest of 18% is required to pay the dealer. Also, the penalty should be paid. The penalty is higher than Rs. 10,000 or 10% of the tax paid or unpaid.

B)  Refund:-

1) What is the return of the GTS?

Usually, when the paid GST is more than the obligation for the GTS, a situation arises in which a return to the GTS is required. According to GST, the recovery request process is standardized to avoid confusion. The process is online and time limits are set for them.

2) When can a return be sought?

There are many cases where recovery may be required. Here are some of them – Excess tax payment is due to error or omission.

  • Export to the dealer (including the fictitious export) of goods/services upon request of a discount or refund
  • ITC accumulation because the exit is exempt from tax or is not calculated with zero
  • Refund of the tax paid for purchases made by UN embassies or bodies
  • Tax refund for international tourists
  • Finalize the provisional assessment

3) How to calculate the GST collection?

Let’s take a simple case of paying surplus taxes.

For Example, Mr B for GST liability for September is RS 50000. But, due to a mistake, Mr B made a GST payment of Rs 5 lakh.

Now Mr B has made an excess payment to the GTS of Rs. 4.5 Lakh which may be required as a refund of it. The deadline for requesting a refund is 2 years from the date of payment.

calculate GST refund

4) What is the time limit for claiming a fee?

The time limit for claiming compensation is 2 years from the relevant date.

The relevant date is different in each case.

Here are the relevant dates for some cases –

Reason for claiming GST Refund Relevant Date
Excess payment of GST Date of payment
Export or deemed export of goods or services Date of despatch/loading/passing the frontier
ITC accumulates as output is tax exempt or nil-rated the Last date of a financial year to which the credit belongs
Finalisation of provisional assessment Date on which tax is adjusted

In addition, if the return delay interest payable 24% GA paid by the government.

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