Vous êtes sur la page 1sur 50

Sushil Sharma, FCA For Private Circulation only

GUIDANCE NOTE ON GST


(Event Management, Advertising and Marketing Services)

Being a CA in practice for last 26 years and consultant to several Event


Management, Advertising and Marketing Companies, I thought it would be
good to come out with a Guidance Note on GST keeping in mind some specific
issues related to Event Management Industry which is small in size but has its
own peculiar issues. I have tried to make this note as simple and practical as
possible covering all material aspects specific to Event Management Industry in
particular and Service sector is general.

GST is planked as a "One Nation One Tax" which is a misnomer in many ways.
First of all we have come out with a dual system of GST where every
transaction will suffer two Taxes, being CGST and SGST, when a transaction is
done Intra-State, and IGST in case of an Inter-State transaction. Secondly,
different rates have been proposed for different types of Goods and Services
which vary from 0% to 28%. For Event Management and most of the Services,
the rate will be 18%. This will be split between CGST and SGST in case of
Intra-State supply of Goods or Services or both. Many of the provisions of GST
Law are equally applicable to Goods and Services, however it would pertinent
to mention that most the existing provisions of State VAT Laws, Central Excise
Laws and Services Tax Laws have been incorporated to GST.

Before I go forward, it would be better to understand a few important


ingredients of GST:

 The entire GST concept is based on Matching and Reconciliation of


Outward and Inward Invoices. Therefore, the essence of GST is that all
the Outward Invoices and Inward Invoices are duly recorded, irrespective
of whether such transactions are done with Registered or non-registered
persons.

 Under GST there is no need to take separate registration for supply of


Services and supply of Goods. Once, you are registered under GST you
can supply Services and deal in Goods as well. The addition and deletion
of traded Goods and Services has been made very simple. Many a times,
service providers have to sell goods as part of an overall agreement and
there are technical issues involves as most of the Services providers are
not registered under VAT. This problem has been fully addressed under
GST.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e |1
Sushil Sharma, FCA For Private Circulation only

 The issues related to Double Taxation on items like Works contract, Sale
of Software, Banquet-hall services and Restaurant Services, where
Service tax and VAT both are applicable, are fully settled. Under GST,
there is no scope for covering any service under two heads.

 GST is based on accrual system of accounting. Therefore, taxes will be


due immediately upon issuance of invoice and tax has to be deposited by
20th of the following month irrespective of actual collection against such
invoice. Moreover, an assessee is also liable to deposit taxes on advances
against supply of goods and/or services. If a supplier issues an Invoice
but the same is not reported, the consequences will follow.

 There is no concept of Centralized registration under GST and each


assessee has to register with respective State separately where it has a
place of business. In the case of Multiple offices in different States,
assessee has to obtain registration in each State and claim input credits
accordingly. In case of different verticals of the same assessee in the
same State, registration has to be obtained for each vertical under the
same PAN. Therefore, if an Event management company has a separate
vertical for Production related services operating from a different place
within the same State, it will have to obtain separate registration under
GST, even though the PAN is same for the assessee.

 Under GST regime, if you buy goods or take services from unregistered
dealers, the registered dealer will be compulsorily liable to pay applicable
GST first and thereafter input credit will be allowed to be taken on such
purchase of Goods or Services. This is likely to create problems and
compel businesses to deal only with registered persons.

 Wherever goods or services are imported into the country, IGST will be
applicable and payable in the State where such goods or services are
imported. However, basic customs duty will still be attracted on import of
Goods.

 HSN (Harmonised System of Nomenclature) code shall be used for


classifying the goods under the GST regime. Taxpayers whose turnover is
above Rs. 1.5 crores but below Rs. 5 crores shall use 2 digit code and the
taxpayers whose turnover is Rs. 5 crores and above shall use 4 digit
code. Taxpayers whose turnover is below Rs. 1.5 crores are not required
to mention HSN Code in their invoices.

Services will be classified as per the Services Accounting Code (SAC).

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e |2
Sushil Sharma, FCA For Private Circulation only

INDEX
S.No Description Page No.

1. REGISTRATION 6
a. Single Office Registration 6

b. Multiple office Registration 6

c. SEPERATE REGISTRATION FOR MULTIPLE BUISNESS 6


VERTICLES WITHIN A STATE OR UT

d. GRANT OF REGISTRATION TO NON-RESIDENTS OR CASUAL 7


TAXABLE PERSONS

e. Extension in period of operation by casual taxable person and 7


non-resident taxable person

f. Grant of registration to a person supplying online information 8


and data base access or retrieval services from a place outside
India to a non-taxable online recipient

2. SUPPLY OF GOODS, SERVICES OR BOTH 8

Inter-State, Intra-State and Place of Supply of Goods and 9


a. Services

b. The place of supply of goods 11

c. The place of supply of services 12

3. VALUATION: 14

a. VALUATION OF GOODS AND SERVICES UNDER GST 14

b. Cases where Transaction Price is not accepted and Valuation 14-15


Rules are applied

c. Valuation Rules will be applicable when 15

d. Methods of Valuation 15

e. Determination of value in respect of certain supplies 16-17


f. Valuation and Taxation of Mixed or Composite Supply of Goods 18
and Services:
a. Mixed supply 18

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e |3
Sushil Sharma, FCA For Private Circulation only

b. Composite supply 18

c. Principal supply 18

4. INVOICING 18
a. Supplying taxable goods 18-19
b. Supplying taxable services 19
c. Tax under reverse charge mechanism 19
d. In case of continuous supply of services 20
e. Time limit for issuing an invoice 21
f. Manner of issuing invoices 21
g. Bill of supply 22
h. Issue of receipt voucher against advance payment 22
i. Tax not to be collected by unregistered taxable person 23
Amount of tax to be indicated in tax invoice and other 23
j. documents
k. Supplementary tax invoice and credit or debit notes 23-24
l. Tax invoice in special cases 24-25
m. Transportation of goods without issue of invoice 26
n. Supply of goods, services or both to un bodies 27
o. Value of supply of services in case of pure agent 27
5. JOB WORK 29

a. Taxability of goods sent by a taxable person to a job-worker 29

b. Supply of goods by principal directly from the premises of the 29-30


job-worker without bringing it back to his own premises

6. INPUT TAX CREDIT 30

a. Conditions for availing input-credit 30

b. Where goods and/or services are received in installments 31

c. Cases were no input credit can be claimed 31

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e |4
Sushil Sharma, FCA For Private Circulation only

7.
RETURNS UNDER GST 32

a. GSTR-1 (Return for Outward supply of Goods and Services or 32


both)

b. GSTR-2 (Return of Inward supply of Goods and Services) 33


ANNUAL RETURN 34
c.
d. FINAL RETURN 34
e. No Provision for Revised or Rectification of Return 34

f. Modes of filing GST Returns 34

g. Consequences of Non-filing of GST Returns 35

h. Consequences of Return of Goods purchased or Cancellation 35


of Input Services

i. LIST OF RETURNS UNDER GST 36

8. REFUNDS UNDER GST 37


a. GST on purchases made by Embassies or UN and Refund 37

b. Refund under exports 38

9. GST RATES W.R.T EVENT MANAGEMENT, ADVERTISING 39


AND MARKETING SERVICES

10. CLASSIFITION CODES 41

11. LIST OF SERVICES UNDER REVERSE CHARGE 46

12. Draft Invoice Under GST 50

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e |5
Sushil Sharma, FCA For Private Circulation only

REGISTRATION

SINGLE OFFICE REGISTRATION

A Single Office registration would be sufficient if the operations of an


establishment are confined to a State and all billings are done from that Single
Office. However, this does not at all mean that such a person cannot provide
services outside that State. The only condition is that such person does not
have office in any other State and billing should be done only from one State
only.

MULTIPLE OFFICE REGISTRATION

In the event of Multiple offices in different States, separate registration in each


State would be required even though there is single PAN of the assessee. The
assessee would be eligible to do billing from each of such office and CENVAT
credit can be taken separately in each State. However, a minimum of three
monthly returns (GSTR-1, 2 and 3) would be required to be filed by each State-
Office independently.

SEPERATE REGISTRATION FOR MULTIPLE BUISNESS VERTICLES WITHIN


A STATE OR UT

(1). Any person having multiple business verticals within a State or a Union
territory, requiring a separate registration for any of its business verticals
under sub-section (2) of section 25 shall be granted separate registration in
respect of each of the verticals subject to the following conditions:

(a) Such person has more than one business vertical as defined in clause (18)
of section 2 of the Act;

(b) No business vertical of a taxable person shall be granted registration to pay


tax under section 10 if any one of the other business verticals of the same
person is paying tax under section 9 (Composition Levy).

Explanation :- Where any business vertical of a registered person that has been
granted a separate registration becomes ineligible to pay tax under section 10,
all other business verticals of the said person shall become ineligible to pay tax
under the said section.

(c) All separately registered business verticals of such person shall pay tax
under this Act on supply of goods or services or both made to another
registered business vertical of such person and issue a tax invoice for such
supply.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e |6
Sushil Sharma, FCA For Private Circulation only

GRANT OF REGISTRATION TO NON-RESIDENTS OR CASUAL TAXABLE


PERSONS

(1) A non-resident taxable person shall electronically submit an application,


along with a valid passport, for registration, duly signed, in FORM GST REG-
09, at least five days prior to the commencement of business at the
Common Portal either directly or through a Facilitation Centre notified by the
Commissioner. Therefore, every non-resident Artist/performer/technician etc
who is planning to visit India for business or commerce shall be liable for
registration at least 5 days prior to actual date of performance to service.
(2) A person applying for registration as a non-resident taxable person shall be
given a temporary reference number by the Common Portal for making an
advance deposit of tax under section 27 and the acknowledgement under
sub-rule (5) of rule 1 shall be issued thereafter.

(3) The person applying for registration under sub-rule (1) shall make an
advance deposit of tax in an amount equivalent to the estimated tax
liability of such person for the period for which registration is sought, as
specified in section 27.

(4) The provisions of rule 2 and rule 3 relating to verification and grant of
registration shall mutatis mutandis; apply to an application submitted under
this rule.

Explanation: The application for registration made by a non-resident taxable


person shall be signed by his authorized signatory who shall be a person
resident in India having a valid PAN.

The certificate of registration issued to a “casual taxable person” or a “non-


resident taxable person” shall be valid for a period of ninety days from the
effective date of registration. However, the proper officer, at the request of the
said taxable person, may extend the validity of the aforesaid period of ninety
days by a further period not exceeding ninety days.

Extension in period of operation by casual taxable person and non-


resident taxable person

(1) Where a registered casual taxable person or a non-resident taxable person


intends to extend the period of registration indicated in his application of
registration, an application in FORM GST REG-10 shall be furnished
electronically through the Common Portal, either directly or through a
Facilitation Centre notified by the Commissioner, by such person before the
end of the validity of registration granted to him.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e |7
Sushil Sharma, FCA For Private Circulation only

(2) The application under sub-rule (1) shall be acknowledged only on payment of
the amount specified in sub-section (2) of section 27.

Grant of registration to a person supplying online information and data


base access or retrieval services from a place outside India to a non-
taxable online recipient

(1) Any person supplying online information and data base access or retrieval
services from a place outside India to a non-taxable online recipient shall
electronically submit an application for registration, duly signed, in FORM
GST REG-09A, at the Common Portal.

(2) The applicant referred to in sub-rule (1) shall be granted registration, in


FORM GST REG-06, subject to such conditions and restrictions and by
such officer as may be notified by the Central Government on the
recommendations of the Council.

SUPPLY OF GOODS, SERVICES OR BOTH

The taxable event under GST shall be the supply of goods and/or services
made for consideration in the course or furtherance of business. The
taxable events under the existing indirect tax laws such as manufacture, sale,
or provision of services shall stand subsumed in the taxable event known as
„supply‟.

The term „supply‟ is wide in its import and includes all forms of supply of goods
and/or services such as sale, transfer, barter, exchange, license, rental, lease
or disposal made or agreed to be made for a consideration by a person in the
course or furtherance of business. It also includes import of service. The model
GST law also provides for including certain transactions made without
consideration within the scope of supply.

Under certain circumstances such as importation of service (Section 3(1) (b)) or


supplies made without consideration, specified under Schedule-I of MGL, it
shall still be treated as supply under GST Law.

Inter-state self-supplies such as stock transfers will be taxable as a


taxable person has to take state-wise registration in terms of Schedule
1(5). Such transactions have been made taxable even if there is no
consideration. However, intra-state self-supplies are not taxable.

Title as well as possession both has to be transferred for a transaction to be


considered as a supply of goods. In case title is not transferred, the transaction
would be treated as supply of service in terms of Schedule II (1). In some cases,

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e |8
Sushil Sharma, FCA For Private Circulation only

possession may be transferred immediately but titled may be transferred


at a future date like in case of sale on approval basis or hire purchase
arrangement. Such transactions will also be termed as supply of goods.

Provision of facilities by a club, association, society or any such body to its


members shall be treated as supply. This is included in the definition of
„business‟ in section 2(17) of MGL.

Supply of goods on hire purchase shall be treated as supply of goods as there


is transfer of title, albeit at a future date.

Inter-State, Intra-State and Place of Supply of Goods and Services

1. Subject to the provisions of section 10, supply of goods where the location
of the supplier and the place of supply of goods are in the same State or
same Union territory shall be treated as intra-State supply:

Provided that the following supply of goods shall not be treated as intra- State
supply, namely:–

(i) Supply of goods to or by a Special Economic Zone developer or a


Special Economic Zone unit;
(ii) Goods imported into the territory of India till they cross the customs
frontiers of India; or
(iii) Supplies made to a tourist referred to in section 15.

2. Subject to the provisions of section 12, supply of services where the


location of the supplier and the place of supply of services are in the same
State or same Union territory shall be treated as intra-State supply:

Provided that the intra-State supply of services shall not include supply of
services to or by a Special Economic Zone developer or a Special Economic
Zone unit.

Explanation-1: For the purposes of this Act, where a person has:

(i) an establishment in India and any other establishment outside India;


(ii) an establishment in a State or Union territory and any other establishment
outside that State or Union territory; or
(iii) an establishment in a State or Union territory and any other establishment
being a business vertical registered within that State or Union territory,
then such establishments shall be treated as establishments of distinct
persons.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e |9
Sushil Sharma, FCA For Private Circulation only

Explanation-2: A person carrying on a business through a branch or an


agency or a representational office in any territory shall be treated as
having an establishment in that territory.

3. Notwithstanding anything contained in this Act:–


(a) where the location of the supplier is in the territorial waters, the
location of such supplier; or
(b) where the place of supply is in the territorial waters, the place of
supply,
shall, for the purposes of this Act, be deemed to be in the coastal state or
Union territory where the nearest point of the appropriate baseline is
located.

4. The place of supply of goods, other than supply of goods imported into,
or exported from India, shall be as under:–
(a) where the supply involves movement of goods, whether by the
supplier or the recipient or by any other person, the place of supply
of such goods shall be the location of the goods at the time at
which the movement of goods terminates for delivery to the
recipient;
(b) where the goods are delivered by the supplier to a recipient or any other
person on the direction of a third person, whether acting as an agent
or otherwise, before or during movement of goods, either by way of
transfer of documents of title to the goods or otherwise, it shall be
deemed that the said third person has received the goods and the
place of supply of such goods shall be the principal place of business
of such person;
(c) where the supply does not involve movement of goods, whether by the
supplier or the recipient, the place of supply shall be the location of
such goods at the time of the delivery to the recipient;
(d) where the goods are assembled or installed at site, the place of supply
shall be the place of such installation or assembly;
(e) where the goods are supplied on board a conveyance, including a
vessel, an aircraft, a train or a motor vehicle, the place of supply shall
be the location at which such goods are taken on board.
5. Where the place of supply of goods cannot be determined, the place of
supply shall be determined in such manner as may be prescribed.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 10
Sushil Sharma, FCA For Private Circulation only

The place of supply of goods:-

(a) imported into India shall be the location of the importer;


(b) exported from India shall be the location outside India.

Determination of place of supply of services where the location of supplier


of services and the location of the recipient of services is in India.

The place of supply of services, except the services specified in sub-sections (3)
to (14):–

(a) made to a registered person shall be the location of such person;


(b) made to any person other than a registered person shall be:

(i) the location of the recipient where the address on record exists;
and
(ii) the location of the supplier of services in other cases.

6. The place of supply of services:-

(a) directly in relation to an immovable property, including services


provided by architects, interior decorators, surveyors, engineers
and other related experts or estate agents, any service provided
by way of grant of rights to use immovable property or for
carrying out or co-ordination of construction work; or

(b) by way of lodging accommodation by a hotel, inn, guest house,


home stay, club or campsite, by whatever name called, and
including a house boat or any other vessel; or

(c) by way of accommodation in any immovable property for


organising any marriage or reception or matters related thereto,
official, social, cultural, religious or business function including
services provided in relation to such function at such property;
or

(d) any services ancillary to the services referred to in clauses (a),


(b) and (c),

shall be the location at which the immovable property or boat or


vessel, as the case may be, is located or intended to be located:

Provided that if the location of the immovable property or boat or vessel


is or intended to be located outside India, the place of supply shall be
the location of the recipient.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 11
Sushil Sharma, FCA For Private Circulation only

Explanation: Where the immovable property or boat or vessel is located in more


than one State or Union territory, the supply of services shall be treated as made
in each of the respective States or Union territories, in proportion to the value for
services separately collected or determined in terms of the contract or agreement
entered into in this regard or, in the absence of such contract or agreement, on
such other basis as may be prescribed.

7. The place of supply of restaurant and catering services, personal


grooming, fitness, beauty treatment, health service including cosmetic
and plastic surgery shall be the location where the services are
actually performed.

8. The place of supply of services in relation to training and performance


appraisal to:

(a) a registered person shall be the location of such person;


(b) a person other than a registered person,

shall be the location where the services are actually performed.

9. The place of supply of services provided by way of admission to a


cultural, artistic, sporting, scientific, educational, entertainment
event or amusement park or any other place and services ancillary
hereto, shall be the place where the event is actually held or where
the park or such other place is located.

10. The place of supply of services provided by way of:

(a) organisation of a cultural, artistic, sporting, scientific, educational


or entertainment event including supply of services in relation to a
conference, fair, exhibition, celebration or similar events; or

(b) services ancillary to organisation of any of the events or


services referred to in clause (a), or assigning of sponsorship to
such events:

(i) to a registered person, shall be the location of such person;

(ii) to a person other than a registered person, shall be the place


where the event is actually held and if the event is held outside
India, the place of supply shall be the location of the recipient.

Explanation: Where the event is held in more than one State or Union territory
and a consolidated amount is charged for supply of services relating to such
event, the place of supply of such services shall be taken as being in each of the
respective States or Union territories in proportion to the value for services

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 12
Sushil Sharma, FCA For Private Circulation only

separately collected or determined in terms of the contract or agreement entered


into in this regard or, in the absence of such contract or agreement, on such other
basis as may be prescribed.

11. The place of supply of banking and other financial services, including
stock broking services to any person shall be the location of the
recipient of services on the records of the supplier of services:

Provided that if the location of recipient of services is not on the


records of the supplier, the place of supply shall be the location of the
supplier of services.

12. The integrated tax paid by tourist leaving India on any supply of goods
taken out of India by him shall be refunded in such manner and
subject to such conditions and safeguards as may be prescribed.

Explanation: For the purposes of this section, the term “tourist”


means a person not normally resident in India, who enters India for a stay
of not more than six months for legitimate non-immigrant purposes.

13. A registered person who has paid integrated tax on a supply considered
by him to be an inter-State supply, but which is subsequently held to be
an intra-State supply, shall be granted refund of the amount of
integrated tax so paid in such manner and subject to such conditions as
may be prescribed. No inter-head adjustment is allowed between IGST,
CGST and SGST. Therefore, determination of place of supply is crucial.

14 A registered person who has paid central tax and State tax or Union
territory tax, as the case may be, on a transaction considered by him
to be an intra-State supply, but which is subsequently held to be an
inter-State supply, shall not be required to pay any interest on the
amount of integrated tax payable.

VALUATION

VALUATION OF GOODS AND SERVICES UNDER GST

The value of taxable supply of goods and services shall ordinarily be „the
transaction value‟ which is actually the price paid or payable, when the
parties are not related and price is the sole consideration. There are various
inclusions and exclusions from the ambit of transaction value. For example,
the transaction value shall not include refundable deposit, discount
allowed before or at the time of supply.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 13
Sushil Sharma, FCA For Private Circulation only

Transaction value refers to the price actually paid or payable for the supply of
goods and or services where the supplier and the recipient are not related and
price is the sole consideration for the supply. It includes any amount which the
supplier is liable to pay but which has been incurred by the recipient of the
supply

The inclusions specified in Section 15(2) which could be added to Transaction


Value are as follows:

a) Any amounts paid by recipient that are obligation of supplier to pay;


b) Money value of goods or services provided free or at concession by
recipient;
c) Royalties and license fees payable by recipient as a condition of
supply;
d) Taxes levied under any other law(s) (other than SGST / CGST or
IGST);
e) Expenses incurred by supplier before supply and charged separately;
f) Subsidy realized by supplier on the supply;
g) Reimbursements claimed separately by supplier;
h) Discounts allowed „after‟ supply except when known before supply;
(Discounts allowed as a normal trade practice and reflected on the face
of the invoice shall not be included).

Generally contract price is the basis for computing tax. However, when the
price is influenced by some factors like relationship of parties or certain
transactions are deemed to be supply, which do not have a price, it is required
to overcome these factors to determine the transaction value correctly.

Cases where Transaction Price is not accepted and Valuation Rules are
applied

Reference to Valuation Rules is required only in cases listed under section


15(4) i.e., where consideration payable is not money or parties to the
transaction are related. However, it may be noted that transaction value can be
accepted even where the supplier and recipient are related, provided the
relationship has not influenced the price (Rule 3(4) of draft GST valuation
rules).

Section 15(2) provides the list of adjustments that may be made to make the
price of a transaction reliable for purposes of determining tax payable.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 14
Sushil Sharma, FCA For Private Circulation only

Post-supply discounts or incentives are to be included in the transaction value


unless the post-supply discount is established as per the agreement and is
known at or before the time of supply and specifically linked to relevant
invoice.

Pre-supply discounts allowed before or at the time of supply are includible in


the provided it is allowed in the course of normal trade practice and has been
duly recorded in the invoice.

Valuation Rules will be applicable when:

(i) Consideration is not in money terms;


(ii) parties are related or supply by any specified category of supplier; and
(iii) transaction value declared is not reliable.

According to GST Valuation Rules, the reasons for doubting transaction


value declared can be:

(i) comparable supplies are at significantly higher value;


(ii) transaction is at significantly lower or higher than market value of
supplies; and
(iii) miss-declaration in parameters like description, quantity, quality, year
of make etc.
The above list is indicative and not exhaustive.

Methods of Valuation

Three methods are prescribed under GST Valuation Rules for determining the
transaction value i.e., comparative method, computation method and residual
method, which are required to be followed sequentially. Besides, some specific
valuation methods have been specified like in case of pure agents and money
changers. Further specific rules may later be notified in case of Insurer, Air
travel Agent and distributor or selling agents of lottery.

Determination of value in respect of certain supplies

1. The value of supply of services in relation to purchase or sale of


foreign currency, including money changing, shall be determined by
the supplier of service in the following manner:-

(a) For a currency, when exchanged from, or to, Indian Rupees (INR),
the value shall be equal to the difference in the buying rate or the
selling rate, as the case may be, and the Reserve Bank of India (RBI)

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 15
Sushil Sharma, FCA For Private Circulation only

reference rate for that currency at that time, multiplied by the total
units of currency:

Provided that in case where the RBI reference rate for a currency is not
available, the value shall be 1% of the gross amount of Indian Rupees
provided or received by the person changing the money.

Provided further that in case where neither of the currencies exchanged


is Indian Rupee, the value shall be equal to 1% of the lesser of the two
amounts the person changing the money would have received by
converting any of the two currencies into Indian Rupee on that day at
the reference rate provided by RBI.

Provided also that a person supplying the services may exercise option
to ascertain value in terms of clause (b) for a financial year and such
option shall not be withdrawn during the remaining part of that
financial year.

(b) At the option of supplier of services, the value in relation to


supply of foreign currency, including money changing, shall be
deemed to be:

(i) one percent of the gross amount of currency exchanged for an


amount up to one lakh rupees, subject to a minimum amount of two
hundred and fifty rupees;
(ii) one thousand rupees and half of a percent of the gross amount of
currency exchanged for an amount exceeding one lakh rupees and up
to ten lakh rupees; and

(iii) five thousand rupees and one tenth of a percent of the gross
amount of currency exchanged for an amount exceeding ten lakh
rupees, subject to maximum amount of sixty thousand rupees.

2. The value of supply of services in relation to booking of tickets for


travel by air provided by an air travel agent, shall be deemed to be an
amount calculated at the rate of 5% of the basic fare in the case of
domestic bookings, and at the rate of 10% of the basic fare in the
case of international bookings of passage for travel by air.

Explanation:- For the purposes of this sub-rule, the expression “basic


fare” means that part of the air fare on which commission is normally
paid to the air travel agent by the airline.

3. The value of supply of services in relation to life insurance business


shall be:

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 16
Sushil Sharma, FCA For Private Circulation only

(a) the gross premium charged from a policy holder reduced by the
amount allocated for investment, or savings on behalf of the policy
holder, if such amount is intimated to the policy holder at the time of
supply of service;

(b) in case of single premium annuity policies other than (a), 10% of
single premium charged from the policy holder; or

(c) in all other cases, 25% of the premium charged from the policy
holder in the first year and 12.50% of the premium charged from policy
holder in subsequent years:

Provided that nothing contained in this sub-rule shall apply where the
entire premium paid by the policy holder is only towards the risk cover
in life insurance.

4. Where a taxable supply is provided by a person dealing in buying


and selling of second hand goods i.e. used goods as such or after
such minor processing which does not change the nature of the goods
and where no input tax credit has been availed on purchase of such
goods, the value of supply shall be the difference between the
selling price and purchase price and where the value of such
supply is negative it shall be ignored.

5. The value of a token, or a voucher, or a coupon, or a stamp (other than


postage stamp) which is redeemable against a supply of goods or
services or both shall be equal to the money value of the goods or
services or both redeemable against such token, voucher, coupon, or
stamp.

Rate of exchange of currency, other than Indian rupees, for


determination of value

The rate of exchange for determination of value of taxable goods or


services or both shall be the applicable reference rate for that currency
as determined by the Reserve Bank of India on the date when point
of taxation arises in respect of such supply in terms of section 12
or, as the case may be, section 13 of the Act.
Valuation and Taxation of Mixed or Composite Supply of Goods and
Services

“Mixed supply” means two or more individual supplies of goods or services, or


any combination thereof, made in conjunction with each other by a taxable
person for a single price where such supply does not constitute a composite
supply.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 17
Sushil Sharma, FCA For Private Circulation only

Illustration: A supply of a package consisting of chocolates, cakes, cookies, dry


fruits, and fruit juices when supplied for a single price is a mixed supply. Each of
these items can be supplied separately and is not dependent on any other. It
shall not be a mixed supply if these items are supplied separately.

“Composite supply” means a supply made by a taxable person to a recipient


comprising two or more supplies of goods or services, or any combination
thereof, which are naturally bundled and supplied in conjunction
with each other in the ordinary course of business, one of which is a principal
supply.

Illustration: Where goods are packed and sold in combination like Laptop along
with a bag, the supply of Laptop along with bag is a composite supply and
supply of goods is the principal supply being Laptop.

“Principal supply” means the supply of goods or services which constitutes


the predominant element of a composite supply and to which any other supply
forming part of that composite supply is ancillary and does not constitute, for
the recipient an aim in itself, but a means for better enjoyment of the principal
supply.

The tax liability on a composite or a mixed supply shall be determined in


the following manner:

(a) a composite supply comprising two or more supplies, one of which is a


principal supply, shall be treated as a supply of such principal supply;

(b) a mixed supply comprising two or more supplies shall be treated as supply
of that particular supply which attracts the highest rate of tax.

INVOICING

1) A registered taxable person supplying taxable goods shall, before or


at the time of:

(a) removal of goods for supply to the recipient, where the supply involves
movement of goods, or
(b) delivery of goods or making available thereof to the recipient, in any
other case,

issue a tax invoice showing the description, quantity and value of goods, the
tax charged thereon and such other particulars as may be prescribed.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 18
Sushil Sharma, FCA For Private Circulation only

2) A registered taxable person supplying taxable services shall, before


or after the provision of service but within a period prescribed in this
behalf, issue a tax invoice, showing the description, value, the tax
payable thereon and such other particulars as may be prescribed:

PROVIDED that the Central/State Government may, on the


recommendation of the Council, by notification, specify the categories
of services in respect of which any other document issued in relation to
the supply shall be deemed to be a tax invoice, subject to such
conditions and limitations as may be prescribed.

3) Notwithstanding anything contained in sub-sections (1) and (2)

(a) a registered taxable person may, within one month from the date of
issuance of certificate of registration and in such manner as may be
prescribed, issue a revised invoice against the invoice already issued
during the period starting from the effective date of registration till the
date of issuance of certificate of registration to him;

(b) a registered taxable person supplying exempted goods and/or services


or paying tax under the provisions of section 9 shall issue, instead of a
tax invoice, a bill of supply containing such particulars and in such
manner as may be prescribed:

PROVIDED that the registered taxable person may not issue a bill of
supply if the value of the goods or services supplied is less than one
hundred rupees except where the recipient of the goods or services
requires such bill.

(c) a registered taxable person shall, on receipt of advance payment with


respect to any supply of goods or services by him, issue a receipt
voucher or any other document, including therein such particulars
as may be prescribed, evidencing receipt of such payment;

(d) a registered taxable person who is liable to pay tax under


Reverse Charge Mechanism shall issue an invoice in respect of goods
or services received by him on the date of receipt of goods or services
from a person who is not registered under the Act.

4) In case of continuous supply of goods, where successive statements of


accounts or successive payments are involved, the invoice shall be
issued before or at the time each such statement is issued or, as the
case may be, each such payment is received.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 19
Sushil Sharma, FCA For Private Circulation only

5) In case of continuous supply of services:

(a) where the due date of payment is ascertainable from the contract, the
invoice shall be issued before or after the payment is liable to be made
by the recipient but within a period prescribed in this behalf whether or
not any payment has been received by the supplier of the service;

(b) where the due date of payment is not ascertainable from the contract,
the invoice shall be issued before or after each such time when the
supplier of service receives the payment but within a period prescribed
in this behalf;

(c) where the payment is linked to the completion of an event, the invoice
shall be issued before or after the time of completion of that event but
within a period prescribed in this behalf.

6) In a case where the supply of services ceases under a contract before


the completion of the supply, the invoice shall be issued at the time
when the supply ceases and such invoice shall be issued to the extent
of the supply affected before such cessation.

7) For the purposes of (4) and (5) above, the Central or a State Government
may on the recommendation of the Council, specify, by notification, the
supply of goods or services that shall be treated as continuous supply of
goods or services.

(8) Notwithstanding anything contained (1) above, where the goods (being
sent or taken on approval or sale or return or similar terms) are
removed before it is known whether a supply will take place, the
invoice shall be issued before or at the time when it becomes known
that the supply has taken place or six months from the date of
removal, whichever is earlier.

Explanation.- The expression “tax invoice” shall be deemed to include a


document issued by an Input Service Distributor under section 21, and
shall also include any revised invoice issued by the supplier in respect of a
supply made earlier.

Further, it may be clarified that there is no concept of Inter-state movement


of goods on Approval basis or Stock Transfer. In case of Intra-State
Transfer where Goods are sent on approval but are returned to the seller
after 6 months from the appointed day(which may be extended by 2
months), GST will be payable after 6 months.

In case of retainership contract/arrangement, the due date of payment


shall be ascertained from the date mentioned in the contract. If no date is

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 20
Sushil Sharma, FCA For Private Circulation only

mentioned, the date shall be such periodic date as starting from the date
of entering into the contract.

Time limit for issuing an Invoice

The invoice, in case of taxable supply of services, shall be issued within a


period of thirty days from the date of supply of service:

Provided that where the supplier of services is an insurer or a banking


company or a financial institution, including a non-banking financial company,
the period within which the invoice or any document in lieu thereof is to be
issued shall be forty five days from the date of supply of service.

Provided further that where the supplier of services is an insurer or a banking


company or a financial institution, including a non-banking financial company,
or a telecom operator, or any other class of supplier of services as may be
notified by the Government on the recommendations of the Council, making
taxable supplies of services between distinct persons as specified in section 25
as referred to in Entry 2 of Schedule I, may issue the invoice before or at the
time such supplier records the same in his books of account or before the
expiry of the quarter during which the supply was made.

Manner of Issuing Invoices

(1) The invoice shall be prepared in triplicate, in case of supply of goods, in


the following manner:–

(a) the original copy being marked as ORIGINAL FOR RECIPIENT;


(b) the duplicate copy being marked as DUPLICATE FOR TRANSPORTER;
(c) the triplicate copy being marked as TRIPLICATE FOR SUPPLIER.

(2) The invoice shall be prepared in duplicate, in case of supply of


services, in the following manner:-

(a) the original copy being marked as ORIGINAL FOR RECIPIENT; and
(b) the duplicate copy being marked as DUPLICATE FOR SUPPLIER.

(3) The serial number of invoices issued during a tax period shall be
furnished electronically through the Common Portal in FORM GSTR-1.

Bill of Supply

A registered person supplying exempted goods or services or both or paying


tax under the provisions of section 10 (Composition Scheme) shall issue, instead
of a tax invoice, a bill of supply containing the following details:-

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 21
Sushil Sharma, FCA For Private Circulation only

(a) name, address and GSTIN of the supplier;


(b) a consecutive serial number, in one or multiple series, containing
alphabets or numerals or special characters -hyphen or dash and slash
symbolised as “-” and “/”respectively, and any combination thereof,
unique for a financial year;
(c) date of its issue;
(d) name, address and GSTIN or UIN, if registered, of the recipient;
(e) HSN Code of goods or Accounting Code for services;
(f) description of goods or services or both;
(g) value of supply of goods or services or both taking into account discount
or abatement, if any; and
(h) signature or digital signature of the supplier or his authorized
representative.

Provided that the registered person may not issue a bill of supply if the value of
the goods or services or both supplied is less than two hundred rupees subject
to such conditions and in such manner as may be prescribed.

ISSUE OF RECEIPT VOUCHER AGAINST ADVANCE PAYMENT

A registered person shall, on receipt of advance payment with respect to any


supply of goods or services or both, issue a receipt voucher or any other
document, containing following particulars evidencing receipt of such payment:

(a) name, address and GSTIN of the supplier;


(b) a consecutive serial number containing alphabets or numerals or
special characters -hyphen or dash and slash symbolised as “-” and
“/”respectively, and any combination thereof, unique for a financial
year;
(c) date of its issue;
(d) name, address and GSTIN or UIN, if registered, of the recipient;
(e) description of goods or services;
(f) amount of advance taken;
(g) rate of tax (central tax, State tax, integrated tax, Union territory tax or
cess);

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 22
Sushil Sharma, FCA For Private Circulation only

(h) amount of tax charged in respect of taxable goods or services (central


tax, State tax, integrated tax, Union territory tax or cess);
(i) place of supply along with the name of State and its code, in case of a
supply in the course of inter-State trade or commerce;
(j) whether the tax is payable on reverse charge basis; and

(k) signature or digital signature of the supplier or his authorized


representative.

TAX NOT TO BE COLLECTED BY UNREGISTERED TAXABLE PERSON

A person who is not a registered taxable person shall not collect in respect of
any supply of goods and/or services any amount by way of tax under the
CGST/SGST Act and no registered taxable person shall make any such
collection except in accordance with the provisions of this Act and the rules
made there under.

AMOUNT OF TAX TO BE INDICATED IN TAX INVOICE AND OTHER


DOCUMENTS

Notwithstanding anything contained in CGST, SGST, UGST or IGST Acts or


any other law for the time being in force, where any supply is made for a
consideration, every person who is liable to pay tax for such supply shall
prominently indicate in all documents relating to assessment, tax invoice and
other like documents, the amount of tax which will form part of the price at
which such supply is made.

SUPPLEMENTARY TAX INVOICE AND CREDIT OR DEBIT NOTES

(1) A revised tax invoice referred to in section 31 and credit or debit note
referred to in section 34 shall contain the following particulars -

(a) the word “Revised Invoice”, wherever applicable, indicated


prominently;
(b) name, address and GSTIN of the supplier;
(c) nature of the document;
(d) a consecutive serial number containing alphabets or numerals or
special characters -hyphen or dash and slash symbolised as “-” and
“/”respectively,, and any combination thereof, unique for a financial
year;
(e) date of issue of the document;
(f) name, address and GSTIN or UIN, if registered, of the recipient;

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 23
Sushil Sharma, FCA For Private Circulation only

(g) name and address of the recipient and the address of delivery, along
with the name of State and its code, if such recipient is un-registered;
(h) serial number and date of the corresponding tax invoice or, as the case
may be, bill of supply;
(i) value of taxable supply of goods or services, rate of tax and the
amount of the tax credited or, as the case may be, debited to the
recipient; and
(j) signature or digital signature of the supplier or his authorized
representative:

(2) Every registered person who has been granted registration with effect
from a date earlier than the date of issuance of certificate of registration
to him may issue revised tax invoices in respect of taxable supplies
affected during the period starting from the effective date of registration
till the date of issuance of certificate of registration:

Provided that the registered person may issue a consolidated revised tax invoice
in respect of all taxable supplies made to a recipient who is not registered under
the Act during such period:

Provided further that in case of inter-State supplies, where the value of a supply
does not exceed two lakh and fifty thousand rupees, a consolidated revised
invoice may be issued separately in respect of all recipients located in a State,
who are not registered under the Act.

(3) Any invoice or debit note issued in pursuance of any tax payable in
accordance with the provisions of section 74 or section 129 or section
130 shall prominently contain the words “INPUT TAX CREDIT NOT
ADMISSIBLE”.

TAX INVOICE IN SPECIAL CASES

(1) An ISD invoice or, as the case may be, an ISD credit note issued by an
Input Service Distributor shall contain the following details:-

(a) name, address and GSTIN of the Input Service Distributor;


(b) a consecutive serial number containing alphabets or numerals or
special characters hyphen or dash and slash symbolised as , “-”, “/”,
respectively, and any combination thereof, unique for a financial year;
(c) date of its issue;
(d) name, address and GSTIN of the recipient to whom the credit is
distributed;

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 24
Sushil Sharma, FCA For Private Circulation only

(e) amount of the credit distributed; and


(f) signature or digital signature of the Input Service Distributor or his
authorized representative:

Provided that where the Input Service Distributor is an office of a banking


company or a financial institution, including a non-banking financial company, a
tax invoice shall include any document in lieu thereof, by whatever name called,
whether or not serially numbered but containing the information as prescribed
above.

(2) Where the supplier of taxable service is an insurer or a banking


company or a financial institution, including a non-banking financial
company, the said supplier shall issue a tax invoice or any other
document in lieu thereof, by whatever name called, whether or not
serially numbered, and whether or not containing the address of the
recipient of taxable service but containing other information as
prescribed under (1) above.

(3) Where the supplier of taxable service is a goods transport agency


supplying services in relation to transportation of goods by road in a
goods carriage, the said supplier shall issue a tax invoice or any other
document in lieu thereof, by whatever name called, containing the gross
weight of the consignment, name of the consignor and the consignee,
registration number of goods carriage in which the goods are
transported, details of goods transported, details of place of origin and
destination, GSTIN of the person liable for paying tax whether as
consignor, consignee or goods transport agency, and also containing
other information as prescribed under (1) above.

(4) Where the supplier of taxable service is supplying passenger


transportation service, a tax invoice shall include ticket in any form, by
whatever name called, whether or not serially numbered, and whether
or not containing the address of the recipient of service but containing
other information as prescribed under (1) above.

Transportation of goods without issue of invoice

(1) For the purposes of:


(a) supply of liquid gas where the quantity at the time of removal from the
place of business of the supplier is not known;
(b) transportation of goods for job work;
(c) transportation of goods for reasons other than by way of supply; or
(d) such other supplies as may be notified by the Board,

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 25
Sushil Sharma, FCA For Private Circulation only

the consigner may issue a delivery challan, serially numbered, in lieu of invoice
at the time of removal of goods for transportation, containing following details:

(i) date and number of the delivery challan;


(ii) name, address and GSTIN of the consigner, if registered;
(iii) name, address and GSTIN or UIN of the consignee, if registered;
(iv) HSN code and description of goods;
(v) quantity (provisional, where the exact quantity being supplied is not
known);
(vi) taxable value;
(vii) tax rate and tax amount – central tax, State tax, integrated tax, Union
territory tax or cess, where the transportation is for supply to the
consignee;
(viii) place of supply, in case of inter-State movement; and
(ix) signature.

(2) The delivery challan shall be prepared in triplicate, in case of supply of


goods, in the following manner:–
(a) the original copy being marked as ORIGINAL FOR CONSIGNEE;
(b) the duplicate copy being marked as DUPLICATE FOR TRANSPORTER;
and
(c) the triplicate copy being marked as TRIPLICATE FOR CONSIGNER.
(3) Where goods are being transported on a delivery challan in lieu of
invoice, the same shall be declared in FORM [WAYBILL].
(4) Where the goods being transported are for the purpose of supply to
the recipient but the tax invoice could not be issued at the time of
removal of goods for the purpose of supply, the supplier shall issue a
tax invoice after delivery of goods.
(5) Where the goods are being transported in a semi knocked down or
completely knocked down condition;
(a) the supplier shall issue the complete invoice before dispatch of the first
consignment;
(b) the supplier shall issue a delivery challan for each of the subsequent
consignments, giving reference of the invoice;
(c) each consignment shall be accompanied by copies of the
corresponding delivery challan along with a duly certified copy of the
invoice; and

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 26
Sushil Sharma, FCA For Private Circulation only

(d) the original copy of the invoice shall be sent along with the last
consignment.

SUPPLY OF GOODS, SERVICES OR BOTH TO UN BODIES

All UN bodies Consulate or Embassy of foreign countries and any other class of
persons so notified would be required to obtain a Unique Identification
Number (UIN) from the GST portal. The taxable supplier supplying to these
organizations is expected to mention the UIN on the invoices and treat such
supplies as supplies to another registered person (B2B) and the invoices of the
same will be uploaded by the supplier. Later, these UN bodies will be eligible
for claiming refund of taxes paid by them.

VALUE OF SUPPLY OF SERVICES IN CASE OF PURE AGENT

The existing concept of Pure Agent Services has been retained under GST
without any modifications.

Notwithstanding anything contained in these rules, the expenditure or costs


incurred by the supplier as a pure agent of the recipient of supply of services
shall be excluded from the value of supply, if all the following conditions are
satisfied, namely:

(i) the supplier acts as a pure agent of the recipient of the supply, when he
makes payment to the third party for the services procured as the contract for
supply made by third party is between third party and the recipient of supply;

(ii) the recipient of supply uses the services so procured by the supplier service
provider in his capacity as pure agent of the recipient of supply;

(iii) the recipient of supply is liable to make payment to the third party;

(iv) the recipient of supply authorises the supplier to make payment on his
behalf;

(v) the recipient of supply knows that the services for which payment has been
made by the supplier shall be provided by the third party;

(vi) the payment made by the supplier on behalf of the recipient of supply has
been separately indicated in the invoice issued by the supplier to the recipient
of service;

(vii) the supplier recovers from the recipient of supply only such amount as has
been paid by him to the third party; and

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 27
Sushil Sharma, FCA For Private Circulation only

(viii) the services procured by the supplier from the third party as a pure agent
of the recipient of supply are in addition to the supply he provides on his own
account.

Explanation: For the purposes of this rule, “pure agent” means a person who-

(a) enters into a contractual agreement with the recipient of supply to act as his
pure agent to incur expenditure or costs in the course of supply of goods or
services or both;

(b) neither intends to hold nor holds any title to the goods or services or both as
procured or provided as pure agent of the recipient of supply;

(c) does not use for his own interest such goods or services so procured; and

(d) receives only the actual amount incurred to procure such goods or services.

THE SEQUENCE OF PAYMENT/ADJUSTMENT OF TAX WHERE THAT


TAXPAYER HAS OUTSTANDING TAX LIABILITIES FOR PREVIOUS
MONTHS

Section 35(8) prescribes an order of payment where the taxpayer has tax
liability beyond the current return period. In such a situation, the order of
payment to be followed is: First self-assessed tax and interest for the previous
period; thereafter self-assessed tax and interest for the current period; and
thereafter any other amounts payable including any confirmed demands under
section. This sequence has to be mandatorily followed.

PRE-REGISTRATION OF CREDIT CARD NECESSARY IN THE GSTN


PORTAL FOR THE GST PAYMENT

The taxpayer would be required to pre-register his credit card, from which the
tax payment is intended, with the Common Portal maintained on GSTN. GSTN
may also attempt to put in a system with banks in getting the credit card
verified by taking a confirmation from the credit card service provider. The
payments using credit cards can therefore be allowed without any monetary
limit to facilitate ease of doing business.

THRESHOLD EXEMPTION FOR SUPPLIER OF GOODS/SERVICES


SUPPLYING THROUGH E-COMMERCE OPERATOR

The threshold exemption is not available to such suppliers and they would be
liable to be registered irrespective of the value of supply made by them.
Therefore, anyone planning to Sell goods or Services or both through any e-
commerce portal like Amazon, Flipkart, Snapdeal etc will have to first take
registration under GST without any threshold exemption limits.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 28
Sushil Sharma, FCA For Private Circulation only

JOB WORK

TAXABILITY OF GOODS SENT BY A TAXABLE PERSON TO A JOB-


WORKER
Such supply will not be treated as a supply. Supply of goods by a registered
taxable person (principal) to job-worker, in terms of Section 43A, shall not be
regarded as supply of goods. Therefore, it can be inferred that no GST shall be
applicable on the goods supplied by the registered principal to a job-worker.

The registered taxable person (principal) can send the taxable goods to a job-
worker for job-work without payment of tax. He can further send the goods
from one job-worker to another job-worker and so on subject to certain
condition. It may be noted that provisions of Section 43A are not applicable if
non-taxable or exempted goods are proposed to be sent for job-work.

A Job-worker, however, would be a supplier of services, he would be required


to obtain registration if his aggregate turnover exceeds the prescribed
threshold.

Where the goods of principal are directly supplied from the job-worker‟s
premises they will not be included in the aggregate turnover of the job-worker.
Such supplies will be included in the aggregate turnover of the principal.

SUPPLY OF GOODS BY PRINCIPAL DIRECTLY FROM THE PREMISES OF


THE JOB-WORKER WITHOUT BRINGING IT BACK TO HIS OWN PREMISES

The Principal can supply goods directly from the premises of the job worker
provided the principal has declared the premises of such job-worker as his
additional place of business or where the job-worker is a registered person or
where the goods have been notified.

INPUT TAX CREDIT

Various input tax consists of IGST & CGST in CGST Act and IGST & SGST in
SGST Act. In the IGST Act, input tax consists of all three taxes namely, IGST,
CGST and SGST.
Nature of Supply GST Payable Utilization of CENVAT
Credit
Intra-State CGST IGST & CGST
SGST IGST & SGST
Inter-State IGST IGST, CGST, SGST
Exports NIL IGST, CGST, SGST
Reverse Charge : Inter-state IGST IGST, CGST, SGST
: Intra-state CGST & SGST CGST : SGST

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 29
Sushil Sharma, FCA For Private Circulation only

Credit of all three can be used for discharging IGST liability, whereas only
credit of IGST & CGST can be taken in CGST Act and that of IGST & SGST can
be taken under SGST Act. Further the credit of CGST & SGST cannot be
cross-utilized.

Where tax is payable under reverse charge mechanism, the credit can be
availed if such goods and/or services are used, or are intended to be used, in
the course or furtherance of his business.

Also, note that no CENVAT Credit can be availed after the expiry of one
year from the date of issue of tax invoice relating to such supply.

CONDITIONS FOR AVAILING INPUT-CREDIT

For availing Input-Credit following four conditions should be satisfied:

(a) The registered taxable person should be in possession of tax-paying


document issued by a supplier;
(b) The taxable person must have received the goods and / or services;
(c) The tax charged on such supply has been actually paid to the
government either in cash or through utilization of input tax
credit;
(d) The taxable person should have furnished the return under
section 27.

Therefore, no Input Tax credit can taken if your supplier has not filed his Return
under GST.

WHERE GOODS AND/OR SERVICES ARE RECEIVED IN INSTALLMENTS

Where the goods against single invoice are received in lots or instalments, the
registered taxable person shall be entitled to the credit upon receipt of the last
lot or instalment. In all probability this rule would be extended to services as
well. Therefore, care should taken in a case like multi-state/City Road-show
where suppliers raise single bill for the entire activity, because the input credit
would be available only upon the completion of the final road-show. This
should, however, be interpreted with true intent of law.

CASES WERE NO INPUT CREDIT CAN BE CLAIMED

No input credit can be taken in following cases:

(a) motor vehicles, except when they are supplied in the usual course of
business or are used for providing the following taxable services:

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 30
Sushil Sharma, FCA For Private Circulation only

(i) transportation of passengers, or


(ii) transportation of goods, or
(iii) imparting training on motor driving skills;

(b) goods and/or services provided in relation to food and beverages, outdoor
catering, beauty treatment, health services, cosmetic and plastic surgery,
membership of a club, health and fitness center, life insurance, health
insurance and travel benefits extended to employees on vacation such as
leave or home travel concession, when such goods and/or services are
used primarily for personal use or consumption of any employee;

(c) goods and/or services acquired by the principal in the execution of works
contract when such contract results in construction of immovable
property, other than plant and machinery;

(d) goods acquired by a principal, the property in which is not transferred


(whether as goods or in some other form) to any other person, which are
used in the construction of immovable property, other than plant and
machinery;

(e) goods and/or services on which tax has been paid under composition
scheme.

(f) goods and/or services used for private or personal consumption, to the
extent they are so consumed.

RETURNS UNDER GST

GSTR-1 (Return for Outward supply of Goods and Services or both)

A normal registered taxpayer has to file the outward supply details in GSTR-1
in relation to various types of supplies made in a month, namely outward
supplies to registered persons, outward supplies to unregistered persons
(consumers), details of Credit/Debit Notes, zero rated, exempted and non-GST
supplies, exports, and advances received in relation to future supply.

No, scanned copy of invoices is to be uploaded. Only certain prescribed fields of


information from invoices need to be uploaded.

UPLOADING OF INVOICES FOR B2B SUPPLIES

For B2B supplies, all invoices, whether Intra-state or Interstate supplies, will
have to be uploaded as ITC will be taken by the recipients and invoice
matching is required to be done.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 31
Sushil Sharma, FCA For Private Circulation only

UPLOADING OF INVOICES FOR B2C SUPPLIES

For inter-state B2C supplies (including to non-registered Government entities,


Consumer / person dealing in exempted / NIL rated / non GST goods or
services), the suppliers will upload invoice level details in respect of every
invoice whose value is more than Rs. 2,50,000/-. For invoices below this value,
State-wise summary of supply statement will be filed covering those invoices
where there is address on record. The address of the buyer has to be
mandatorily reflected in every invoice having a value of Rs. 50,000/- or more.
(Model GST Law may provide for such a provision). Invoices for a value less
than Rs. 50,000/- that do not have address on record will be treated as
intra-state supply. In other words, State-wise summary of inter-State supply
would be filed covering (a) those invoices value of which is less than Rs.
50000/- and where address is on record and (b) those invoices whose value is
between Rs. 50000/- to Rs. 250000/-

DESCRIPTION OF GOODS AND SERVICES SUPPLIED

There is no system of mentioning description of Goods and Services under


GST. The description is standardised by way of HSN code in respect of supply
of goods and Accounting code in respect of supply of services. The
minimum number of digits that the filer will have to upload would depend on
his turnover in the last year.

GSTR-2 (Return of Inward supply of Goods and Services)


While a large part of GSTR-2 will be auto-populated, there are some details
that only recipient can fill like details of imports, details of purchases from
non-registered or composition suppliers and exempt/non-GST/Nil GST

The recipient can also feed the invoices not uploaded by his supplier. The
credit on such invoices will also be given provisionally but will be subject to
matching.

On matching, if the invoice is not uploaded by the supplier, both of them will
be intimated. If the mismatch is rectified, provisional credit will be confirmed.
But if mismatch continues even after intimation, the credit provisionally
allowed will be reversed.

If invoices in GSTR-2 do not match with invoices in counter-party GSTR-1, the


ITC will be reversed if the mismatch continues even after it is made known to
both and still it is not rectified. Mismatch can be because of two reasons. First,
it could be due to mistake at the side of the recipient, and in such a case, no
further action is required. Secondly, it could be possible that the said invoice
was issued by supplier but he did not upload it and pay tax on it. In such a
case, recovery action shall be taken against the supplier. In short, all

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 32
Sushil Sharma, FCA For Private Circulation only

mismatches will lead to proceedings if the supplier has made a supply but not
paid tax on it.

Mode of Correction of mistake in feeding the information in Returns

If a supplier misses reporting of any Invoice, it can at any stage, but before
September of the next financial year, upload the invoice and pay duty and
interest on such missing invoices in his GSTR-3 of the month in which he
uploaded the invoice. The recipient will then automatically get ITC on that
invoice. The interest paid by the recipient at the time of reversal will also be
returned to the recipient through an automated system on the GSTN.

If the supplier uploads the invoice at any time after the reversal but by
September of the next financial year, the credit reversed earlier gets restored
along with refund of the interest paid during reversal.

The tax payers under the composition scheme do not need to file any statement
of outward or inward supplies. They have to file a quarterly return in Form
GSTR-4 by the 1st of the month after the end of the quarter. Since they are not
eligible for any input tax credit, there is no relevance of GSTR-2 for them and
since they do not pass on any credit to their recipients, there is no relevance of
GSTR-1 for them. In their return, they have to declare summary details of their
outward supplies along with the details of tax payment. They also have to give
details of their purchases in their quarterly return itself, most of which will be
auto populated.

ANNUAL RETURN

Every registered person, other than an Input Service Distributor, a person


required to Deduct Tax Source, an Electronic Commerce Operator, a casual
taxable person and a non-resident taxable person, shall furnish an annual
return for every financial year electronically in such form and manner as may
be prescribed on or before the thirty-first day of December following the end of
such financial year.

(2) Every registered person who is required to get his accounts audited shall
furnish, electronically, the annual return under sub-section (1) along with a
copy of the audited annual accounts and a reconciliation statement,
reconciling the value of supplies declared in the return furnished for the
financial year with the audited annual financial statement, and such other
particulars as may be prescribed.

FINAL RETURN

Every registered person who is required to furnish a return and whose


registration has been cancelled shall furnish a final return within three months

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 33
Sushil Sharma, FCA For Private Circulation only

of the date of cancellation or date of order of cancellation, whichever is later, in


such form and manner as may be prescribed.

No Provision for Revised or Rectification of Return

Under GST since the returns are built from details of individual transactions,
there is no requirement for having a revised return. Any need to revise a return
may arise due to the need to change a set of invoices or debit/ credit
notes. Instead of revising the return already submitted, the system will allow
changing the details of those transactions (invoices or debit/credit notes) that
are required to be amended. They can be amended in any of the future GSTR-
1/2 in the tables specifically provided for the purposes of amending previously
declared details.

Modes of filing GST Returns

Taxpayers will have various modes to file the statements and returns. Firstly,
they can file their statement and returns directly on the Common Portal online.
However, this may be tedious and time taking for taxpayers with large number
of invoices. For such taxpayers, an offline utility will be provided that can be
used for preparing the statements offline after downloading the auto populated
details and uploading them on the Common Portal. GSTN has also developed
an ecosystem of GST Suvidha Providers (GSP) that will integrate with the
Common Portal.

One of the most important things under GST will be timely uploading of the
details of outward supplies in Form GSTR-1 by 10th of next month. How best
this can be ensured will depend on the number of B2B invoices that the
taxpayer issues. If the number is small, the taxpayer can upload all the
information in one go. However, if the number of invoices is large, the invoices
(or debit/ credit notes) should be uploaded on a regular basis. GSTN will allow
regular uploading of invoices even on a real time basis. Till the statement is
actually submitted, the system will also allow the taxpayer to modify the
uploaded invoices. Therefore, it would always be beneficial for the taxpayers to
regularly upload the invoices. Last minute rush will make uploading difficult
and will come with higher risk of possible failure and default. The second thing
would be to ensure that taxpayers follow up on uploading the invoices of their
inward supplies by their suppliers. This would be helpful in ensuring that the
input tax credit is available without any hassle and delay. Recipients can also
encourage their suppliers to upload their invoices on a regular basis instead of
doing it on or close to the due date.

The system would allow recipients to see if their suppliers have uploaded
invoices pertaining to them. The GSTN system will also provide the track record
about the compliance level of a tax payer, especially about his track record in

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 34
Sushil Sharma, FCA For Private Circulation only

respect of timely uploading of his supply invoices giving details about the auto
reversals that have happened for invoices issued by a supplier. The Common
Portal of GST would have pan India data at one place which will enable
valuable services to the taxpayers.

Consequences of Non-filing of GST Returns

A registered taxable person who files return beyond the prescribed date will
have to pay late fees of rupees one hundred for every day of delay subject to a
maximum of rupees five thousand.

Consequences of Return of Goods purchased or Cancellation of Input


Services

Where goods received as an inward supply is returned by the recipient to the


supplier within six months from the date of the relevant invoice, the tax
payable on such supplies shall be equal to the input tax credit availed earlier
on such inward supply. This provision essentially ensures that if the recipient
returns the goods to the supplier within six months of the date of its original
supply, his tax liability on such returned goods will be the same as was at the
time of the original supply. If goods are returned after six months of the
date of the original supply invoice, the rate of tax applicable will be the
rate prevailing on date of such return.

The same rule will apply to cancellation of input services within six months.

LIST OF RETURNS UNDER GST

Return Description Filed by Date of filing


Form

GSTR-1 Details of outward supplies of Registered Taxable 10th of the next


taxable goods and/or services Supplier month
effected

GSTR-2 Details of inward supplies of Registered Taxable 15th of the next


taxable goods and/or services Recipient month
effected claiming input tax
credit.

GSTR-3 Monthly return on the basis of Registered Taxable 20th of the next
finalization of details of Person month
outward supplies and inward
supplies along with the
payment of amount of tax.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 35
Sushil Sharma, FCA For Private Circulation only

GSTR-4 Quarterly return for Composition 18th of the month


compounding taxable person. Supplier succeeding quarter

GSTR-5 Return for Non-Resident Non-Resident 20th of the next


foreign taxable person Taxable Person month

GSTR-6 Return for Input Service Input Service 13th of the next
Distributor Distributor month

GSTR-7 Return for authorities Tax Deductor 10th of the next


deducting tax at source. month

GSTR-8 Details of supplies effected E-commerce 10th of the next


through e-commerce operator Operator/Tax month
and the amount of tax Collector
collected

GSTR-9 Annual Return Registered Taxable 31st December of


Person next financial year

GSTR-10 Final Return Taxable person Within three months


whose registration of the date of
has been cancellation or date
surrendered or of cancellation order,
cancelled. whichever is later.

GSTR-11 Details of inward supplies to Person having UIN 28th of the month
be furnished by a person and claiming following the month
having UIN refund for which statement
is filed

REFUNDS UNDER GST

Unutilized Input tax credit will be allowed as refund in the following cases as
given in sub-section (2) of section 38 :

(i) Exports of goods on which export duty is not payable;


(ii) Exports of services;
(iii) Where credit has accumulated on account of rate of tax on inputs being
higher than the rate of taxes on Outputs.

No refund of unutilized ITC be given, in case goods exported outside India are
subjected to export duty

Most importantly, if a taxable person has paid IGST/CGST/SGST


mistakenly as an Interstate/intrastate supply, but the nature of which is
subsequently found to be different, the CGST/SGST cannot be adjusted

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 36
Sushil Sharma, FCA For Private Circulation only

against wrongly paid IGST or vice versa and the taxable person will have
to pay the appropriate tax and claim refund of the tax wrongly paid or
adjust the same against future tax liability.

GST on purchases made by Embassies or UN and Refund their of


All purchases made by Embassies or UN will be taxed, which later on can be
claimed as refund by them.

The United Nations Organization and Consulates or Embassies are required to


take a Unique Identity Number and purchases made by them will be reflected
against their number in the return of outward supplies of the supplier and
refunds of taxes can be granted. The person concerned is required to file the
application before expiry of two years from the relevant
date. The principle of unjust enrichment will be applicable for all such refund
claims, except in cases of exports and refund of unutilized ITC.

The time limit for sanctioning of refund is 90 days in all cases, excepting in a
case where the refund to the extent of 80% of the total amount claimed is
refundable to certain categories of exporters referred to in sub-section (4A) of
section 38. If refund is not sanctioned within the period of three months,
interest will have to be paid by the department.

A refund can be withheld by the department in the following circumstances:

 If the registered dealer has not submitted return(s), till he files the
return(s);
 If the registered taxable person is required to pay any tax, interest or
penalty which has not been stayed by the appellate authority/Tribunal/
court, till he pays such tax interest or penalty; [The proper officer can
also deduct unpaid taxes if any of the dealer from the refundable
amount].
 Commissioner/Board can withhold refund, if, the Order of Refund is
under appeal and he is of the opinion that grant of such refund will
adversely affect revenue.

Where the refund is withheld under 38(9) and if as a result of appeal or further
proceeding the taxable person becomes entitled to refund then he shall be also
entitled to interest. Further, no refund shall be granted if the amount is less
that Rs.1000/-.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 37
Sushil Sharma, FCA For Private Circulation only

Refund under exports

Since the exporter has a time period of one year from the date of export for
remitting of export proceeds, BRC may not be available at the time of refund
application. But if export proceeds are received in advance, BRC may be
available. Thus, refund should be subject to submission of BRC details within
a period of maximum one year or as extended by RBI. e-BRC module of DGFT
will be integrated with GST module.

However for export of services BRC would be required before sanction of


refund.

Hope, the above brief Guidance Note will give you a better and clear
understanding of GST Law.

Much Thanks

Sushil K. Sharma
FCA
9811085147

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 38
Sushil Sharma, FCA For Private Circulation only

GST RATES W.R.T EVENT MANAGEMENT, ADVERTISING AND


MARKETING RELATED SERVICES

S. No. Description GST Rate


1 Services by way of admission to entertainment events or 28% with ITC
access to amusement facilities including exhibition of benefit
cinematograph films, theme parks, water parks, joy rides,
merry-go rounds, go-carting, casinos, race-course, ballet,
any sporting event such as IPL and the like;

2 Supply of Food/drinks in air-conditioned restaurant in 5- 28% with ITC


star or above rated Hotel benefit

3 Accommodation in hotels including 5 star and above rated 28% with ITC
hotels, inns, guest houses, clubs, campsites or other benefit
commercial places meant for residential or lodging
purposes, where room rent is Rs 5000/- and above per
night per room

4 Renting of hotels, inns, guest houses, clubs, campsites or 18% with ITC
other commercial places meant for residential or lodging benefit
purposes where room tariff of Rs 2500/ and above but less
than Rs 5000/- per room per day

5 Bundled service by way of supply of food or any other article 18% with ITC
of human consumption or any drink, in a premises benefit
(including hotel, convention center, club, pandal, shamiana
or any other place, specially arranged for organizing a
function) together with renting of such premises

6 Services by way of admission or access to circus, Indian 18% with ITC


classical dance including folk dance, theatrical benefit
performance, drama

7 Supply of Food/drinks in outdoor catering 18% with ITC


benefit
8 Supply of Food/drinks in restaurant not having facility of 12%
air-conditioning or central heating at any time during the With Full ITC
year and not having licence to serve liquor.

9 Transfer of the right to use any goods for any purpose Same rate of
(whether or not for a specified period) for cash, deferred GST and
payment or other valuable consideration (supply of service) compensation
to attract the same GST rate and compensation cess as cess as on
applicable on supply of similar goods which involves any supply of
transfer of title in goods (supply of goods). similar goods
All equipments taken on hire are likely to be covered under
this head.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 39
Sushil Sharma, FCA For Private Circulation only

10 Supply of tour operators‟ services 5% with No


ITC
11 Selling of space for advertisement in print media 5%
With Full ITC
12 Services by way of job work in relation to printing of 5%
newspapers With Full ITC

13 Transport of passengers by air in other than economy class 12%


With Full ITC
EXEMPTED SERVICES
14 Services provided to the United Nations or a specified international
organization.
Exemption may be notified by way of issuing notification under section 55 of
CGST/SGST Act.
15 Services provided to a recognized sports body by-
(a) an individual as a player, referee, umpire, coach or team manager for
participation in a sporting event organized by a recognized sports body;
(b) another recognised sports body;
16 Services by an artist by way of a performance in folk or classical art forms of
(i) music, or (ii)dance, or (iii)theatre, if the consideration charged for such
performance is not more than one lakh and fifty thousand rupees:

Provided that the exemption shall not apply to service provided by such
artist as a brand ambassador;
17 Services by an organiser to any person in respect of a business exhibition
held outside India;

18 Services provided by a tour operator to a foreign tourist in relation to a tour


conducted wholly outside India.

19 Services by way of sponsorship of sporting events organised :

(a) by a national sports federation, or its affiliated federations, where the


participating teams or individuals represent any district, State, zone or
Country;
(b) by Association of Indian Universities, Inter-University Sports Board,
School Games Federation of India, All India Sports Council for the Deaf,
Paralympic Committee of India or Special Olympics Bharat;
(c) by Central Civil Services Cultural and Sports Board;
(d) as part of national games, by Indian Olympic Association; or
(e) under Panchayat Yuva Kreeda Aur Khel Abhiyaan (PYKKA) Scheme;
20 Services by way of right to admission to, -
(i) circus, dance, or theatrical performance including drama or ballet;
(ii) award function, concert, pageant, musical performance or any sporting
event other than a recognized sporting event;
(iii) recognised sporting event;
where the consideration for admission is not more than Rs 250 per person
in (i), (ii) and (iii) above.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 40
Sushil Sharma, FCA For Private Circulation only

CLASSIFITION CODES
(These codes will be useful at the time of filing of Monthly & Annual Returns)
Group Food, edible preparations, alchoholic & non-alchocholic
99633 beverages serving services
Services provided by Restaurants, Cafes and similar eating
996331 facilities including takeaway services, Room services and
door delivery of food.
Services provided by Hotels, INN, Guest House, Club etc
996332 including Room services, takeaway services and door
delivery of food.
Services provided in Canteen and other similar
996333
establishments
Catering Services in Exhibition halls, Events, Marriage Halls
996334
and other outdoor/indoor functions.
996335 Catering services in trains, flights etc.
Preparation and/or supply services of food, edible
996336 preparations, alchoholic & non-alchocholic beverages to
airlines and other transportation operators
996337 Other contract food services
Other food, edible preparations, alchoholic & non-
996339
alchocholic beverages serving services n.e.c.
Group Advertising services and provision of advertising space
99836 or time.
998361 Advertising Services

998362 Purchase or sale of advertising space or time, on commission


Sale of advertising space in print media (except on
998363
commission)
998364 Sale of TV and radio advertising time

998365 Sale of Internet advertising space


Sale of other advertising space or time (except on
998366
commission)
Group
Market research and public opinion polling services
99837
998371 Market research services
998372 Public opinion polling services

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 41
Sushil Sharma, FCA For Private Circulation only

Group Photography & Videography and their processing


99838 services
998381 Portrait photography services
998382 Advertising and related photography services
998383 Event photography and event videography services
998384 Specialty photography services
998385 Restoration and retouching services of photography
998386 Photographic & videographic processing services
Other Photography & Videography and their processing
998387
services n.e.c.

Group
Other professional, technical and business services.
99839
Specialty design services including interior design, fashion
998391
design, industrial design and other specialty design services
998392 Design originals
998393 Scientific and technical consulting services
998394 Original compilations of facts/information
998395 Translation and interpretation services
998396 Trademarks and franchises
998397 Sponsorship Services & Brand Promotion Services
998399 Other professional, technical and business services n.e.c.

Group
On-line content services
99843
On-line text based information such as online books,
998431
newspapers, periodicals, directories etc
998432 On-line audio content
998433 On-line video content
998434 Software downloads
998439 Other on-line contents n.e.c.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 42
Sushil Sharma, FCA For Private Circulation only

Group
News agency services
99844
998441 News agency services to newspapers and periodicals
Services of independent journalists and press
998442
photographers
998443 News agency services to audiovisual media
Group Broadcasting, programming and programme
99846 distribution services
998461 Radio broadcast originals
998462 Television broadcast originals
998463 Radio channel programmes
998464 Television channel programmes
998465 Broadcasting services
998466 Home programme distribution services

Group Travel arrangement, tour operator and related services


99855
998551 Reservation services for transportation
998552 Reservation services for accommodation, cruises and
package tours
998553 Reservation services for convention centres, congress
centres and exhibition halls
998554 Reservation services for event tickets, cinema halls,
entertainment and recreational services and other
reservation services
998555 Tour operator services
998556 Tourist guide services
998557 Tourism promotion and visitor information services
998559 Other travel arrangement and related services n.e.c

Group
Other support services
99859
998591 Credit reporting & rating services
998592 Collection agency services
998593 Telephone-based support services
998594 Combined office administrative services

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 43
Sushil Sharma, FCA For Private Circulation only

Specialized office support services such as duplicating


998595
services, mailing services, document preparation etc
Events, Exhibitions, Conventions and trade shows
998596
organisation and assistance services
998597 Landscape care and maintenance services
998598 Other information services n.e.c.
998599 Other support services n.e.c.

Heading Recreational, cultural and sporting services


No.9996
Group Audiovisual and related services
99961
999611 Sound recording services
Motion picture, videotape, television and radio programme
999612
production services
999613 Audiovisual post-production services
Motion picture, videotape and television programme
999614
distribution services
999615 Motion picture projection services

Group Performing arts and other live entertainment event


99962 presentation and promotion services
999621 Performing arts event promotion and organization services
999622 Performing arts event production and presentation services
999623 Performing arts facility operation services
Other performing arts and live entertainment services
999629
n.e.c.

Group
Services of performing and other artists
99963
Services of performing artists including actors, readers,
999631 musicians, singers, dancers, TV personalities, independent
models etc
Services of authors, composers, sculptors and other artists,
999632
except performing artists

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 44
Sushil Sharma, FCA For Private Circulation only

Original works of authors, composers and other artists


999633
except performing artists, painters and sculptors
Group
Museum and preservation services
99964
Museum and preservation services of historical sites and
999641
buildings
999642 Botanical, zoological and nature reserve services
Group
Sports and recreational sports services
99965
Sports and recreational sports event promotion and
999651
organization services
999652 Sports and recreational sports facility operation services
999659 Other sports and recreational sports services n.e.c.
Group
Services of athletes and related support services
99966
999661 Services of athletes
999662 Support services related to sports and recreation
Group
Other amusement and recreational services
99969
999691 Amusement park and similar attraction services
Gambling and betting services including similar online
999692
services
999693 Coin-operated amusement machine services
999694 Lottery services
999699 Other recreation and amusement services n.e.c.

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 45
Sushil Sharma, FCA For Private Circulation only

SERVICES UNDER REVERSE CHARGE AS APPROVED BY GST COUNCIL

The fitment of rates of services were discussed on 19 May 2017 during the 14th
GST Council meeting held at Srinagar, Jammu & Kashmir. The Council has
broadly approved the GST rates for services at Nil, 5%, 12%, 18% and 28%.
The list of services that will be under reverse charge as approved by the GST
Council is given below. The information is being uploaded immediately after the
GST Council‟s decision and it will be subject to further vetting during which
the list may undergo some changes. The decisions of the GST Council are being
communicated for general information and will be given effect to through
gazette notifications which shall have force of law.

Provider Percenta Recipient of Percentage


S.N of ge of Service of service
o. Service service service tax payable
tax by any
payable person
by other than
service the service
provider provider
1. Taxable services Any Nil Any person located 100%
provided or agreed to person in the taxable
be provided by any who is territory other than
person who is located located non-assessee online
in a non-taxable in a non- recipient (Business
territory and received taxable Recipient)
by any person located territory
in the taxable
territory other than
non-assessee online
recipient (OIDAR)
2. Services provided or Goods Nil (a) any factory 100%
agreed to be provided Transpor registered under or
by a goods transport t Agency governed by the
agency (GTA) in (GTA) Factories Act, 1948;
respect of (b) any society
transportation of registered under the
goods by road Societies
Registration Act,
1860 or under any

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 46
Sushil Sharma, FCA For Private Circulation only

other law for the


time being in force in
any part of India;
(c) any co-operative
society established by or
under any law;
(d) any person registered
under
CGST/SGST/UTGST
Act;
(e) anybody corporate
established, by or under
any law; or
(f) any partnership firm
whether registered or not
under any law including
association of persons.
(g) Casual taxable person
3. Services provided or An Nil Any business entity. 100%
agreed to be provided individua
by an individual l
advocate or firm of advocate
advocates by way of or firm of
legal services, directly advocate
or indirectly s
4. Services provided or An Nil Any business entity. 100%
agreed to be provided arbitral
by an arbitral tribunal
tribunal
5. Sponsorship services Any Nil Anybody corporate 100%
person or partnership firm.
6. Services provided or Governm Nil Any business entity. 100%
agreed to be provided ent or
by Government or local
local authority authority
excluding,-
(1) renting of
immovable property,
and

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 47
Sushil Sharma, FCA For Private Circulation only

(2) services specified


below-
(i) services by the
Department of Posts
by way of speed post,
express parcel post,
life insurance, and
agency services
provided to a person
other than
Government;
(ii) services in relation
to an aircraft or a
vessel, inside or
outside the precincts
of a port or an airport;
(iii) transport of goods or
passengers.

7. Services provided or A Nil A company or a body 100%


agreed to be provided director corporate.
by a director of a of a
company or a body company
corporate to the said or a body
company or the body corporate
corporate;
8. Services provided or An Nil Any person carrying 100%
agreed to be provided insuranc on insurance
by an insurance agent e agent business.
to any person
carrying on insurance
business
9. Services provided or A Nil A banking company 100%
agreed to be provided recovery or a financial
by a recovery agent to agent institution or a non-
a banking company or banking financial

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 48
Sushil Sharma, FCA For Private Circulation only

a financial institution company.


or a non-banking
financial company

10. Services by way of A person Nil Importer as defined 100%


transportation of located under clause (26) of
goods by a vessel in non- section 2 of the
from a place outside taxable Customs Act, 1962.
India up to the customs territory to
station of clearance in a person
India located in
non-
taxable
territory

11. Transfer or permitting Author or NIL Publisher, Music 100%


the use or enjoyment music company, Producer
of a copyright covered composer
under clause (a) of ,
sub-section (1) of photogra
section 13 of the pher,
Copyright Act, 1957 artist, etc
relating to original
literary, dramatic,
musical or artistic
works
12 Radio taxi or Taxi Nil Any person 100% by
Passenger Transport driver or Electronic
Services provided Rent a Commerce
Operator
through electronic cab
commerce operator operator

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 49
Sushil Sharma, FCA For Private Circulation only

GST INVOICE FORMAT


Form GST INV – 1

ABC ENTERPRISES
ADDRESS
email address
Website
GSTIN: Mode of Transport : By Road
Veh.No :
Date & Time of
Serial no. of Invoice: Supply
Place OF Supply:
Details of Receiver (Billed to) Details of Consignee (Shipped to)
Name: Name:
Address : Address :
State: State:
State Code : State Code :
GSTIN/Unique ID: GSTIN/Unique ID:
Taxab CGST SGST IGST
Description HSN Disco
S.No Qty unit Rate Total le
of Goods Code unt Rate Amount Rate Amount Rate Amount
value
0.00 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00


Total 0.00
Loading Charges 0.00
Invoice Total ( In Words) : Transport Charges 0.00

Invoice Total 0.00

Certified that the Particulars given above are true and correct and
the amount indicated Electronic Reference Number :
a)represent the price actually charged and that there is no flow
additional consideration directly or indirectly from the buyer or
b)is provisional as additional consideration will be received from the
buyer on account of

TERMS OF SALE For ABC ENTERPRISES


1) Goods once sold will not be taken back or exchanged
2)Seller is not responsible for any loss or damaged of goods in transit
3)Buyer undertakes to submit prescribted ST declaration to sender on
damand.Disputes if any will be subject to seller court jurisdication
Authorised Signatory

118, LGF, Navjivan Vihar, Malviya Nagar, New Delhi-110017


91-011-26692447 | 26692449 | 9811085147 | 33sushil@gmail.com | www.sksnco.in P a g e | 50

Vous aimerez peut-être aussi