Goods & Services Tax (GST) - The Latest from - Taxmann

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Goods & Services Tax (GST) - The Latest from - Taxmann
Goods & Services Tax
                          (GST)

                       The
                   Latest from

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Goods & Services Tax (GST) - The Latest from - Taxmann
GSTUpdates
      No credit of Krishi Kalyan cess Kansai Nerolac Paints Ltd., In re [2018] 96 taxmann.com 153 (AAAR -
       allowed under GST; Appellate Maharashtra)
       authority upholds AAR's order The assessee wanted to carry forward the accumulated credit of Krishi
                                      Kalyan Cess (KKC) shown in service tax return as on June 30, 2017 to the
                                      electronic credit ledger under the GST Act. It filed the application for
                                      Advance Ruling regarding admissibility of KKC as input tax credit under the
                                      GST Act. The Authority for Advance Ruling (AAR) held that the ITC of KKC
                                      could not be carried forward under GST. The assessee filed an appeal
                                      against the order of AAR before the Appellate Authority on the ground that
                                      KKC is subsumed in the CGST Act and it does not have any independent
                                      identity as KKC. Therefore, it should be allowed as credit under the
                                      transitional provision.
                                        The Maharashtra Appellate Authority for Advance Ruling (AAAR) held that
                                        cess and duty are separate levies and cannot be equated as per the
                                        judgment of Delhi High Court. The credit of KKC can only be utilized for
                                        payment of KKC only. Further, the FAQs issued by CBIC have clarified that
                                        ITC of KKC cannot be carried forward under GST. Accordingly, it upheld the
                                        order of AAR.

    Supply of UPS along with battery Switching Avo Electro Power Ltd., In re [2018] 96 taxmann.com 106
      could be considered as Mixed (AAAR-West Bengal)
                       Supply: AAR The assessee filed an application for Advance Ruling on whether the supply
                                     of UPS along with battery was to be considered as mixed supply as they are
                                     supplied under a single contract at a combined single price? It contended
                                     that UPS cannot function without battery because it is an integral part of
                                     UPS.Hence, it is naturally bundled and such supply should be treated as a
                                     composite supply and not as a mixed supply.
                                        The Authority for Advance Ruling held that the storage battery had multiple
                                        uses and could be put to different uses. Therefore, when battery was
                                        supplied with UPS, then it could not be considered as a composite supply or
                                        a naturally bundled supply.

            Lok Sabha passes 4 GST The Central GST (Amendment) Bill, the Integrated GST (Amendment) Bill,
                   Amendment Bills the GST (Compensation to States) Amendment Bill, and the Union Territory
                                   GST (Amendment) Bill are passed by Lok Sabha on August 9, 2018.

2                                                                                  Taxmann's Laws  August 2018
Goods & Services Tax (GST) - The Latest from - Taxmann
No reverse charge on supply of Notification No. 22/2018- Central Tax (Rate), Dated 06-08-2018
    goods or services by unregistered The reverse charge mechanism on supply of goods or services by an
            person till Sept. 30, 2019 unregistered person to registered person has been deferred till September
                                       30, 2019.

   CBIC notifies special procedure for Notification No. 31/2018- Central Tax, Dated 06-08-2018
         registration of taxpayers who CBIC has notified the special procedure for registration of taxpayers who did
  couldn't complete migration process not file the completed Form GST REG-26 but they had received the
                                       provisional ID till December 31, 2017. They are required to furnish the
                                       required details to the jurisdictional nodal officer of the Central Government
                                       or State Government before August 31, 2018.

       Fertilizers supplied for use in Circular No.54/28/2018-GST, Dated 09-08-2018
manufacture of other fertilizers would
                                       The Govt. has clarified that the fertilizers supplied for use in manufacture of
      attract 5% GST; Govt. clarifies
                                       other fertilizers or for use directly as fertilizers would attract 5% GST.

         GST would be payable on net Circular No.53/27/2018-GST, Dated 09-08-2018
 quantity of petroleum gases retained The Govt. has clarified that GST will be payable by the oil refinery only on the
for manufacture of chemical products net quantity of petroleum gases retained by the recipient-manufacturer for
                                      the manufacture of petrochemical products.

     ISD can now file GST return for Notification No. 30/2018- Central Tax, Dated 30-07-2018
   months of July, 2017 to Aug., 2018 Govt. has extended the due date for filing of return by Input Service
                      till 30/09/2018 Distributor in Form GSTR-6 for the months of July, 2017 to August, 2018 till
                                      September 30, 2018.

       No GST on ambulance services Circular No. 51/25/2018- GST, Dated 31-07-2018
 provided to Govt. by private SP under Govt. has clarified that the service provided by private service provider to the
              National Health Mission Govt. by way of transportation of patients in an ambulance would be
                                       exempted from GST.

          Commissionerate arrested Press Release, Dated 01-08-2018
2 businessmen for evasion of Rs. 201 The West Delhi GST Commissionerate has arrested two businessmen in a
          crores using fake invoices case of fraudulent issuance of Input Tax Credit invoices without actual
                                     supply of goods. They were involved in evasion of approximately Rs. 201
                                     crores.

       Govt. disbursed GST refunds of Press Release, Dated 01-08-2018
    Rs. 54,378 crore till July 31, 2018 The Govt. has disbursed GST refunds of Rs. 54,378 crore till July 31, 2018.
                                        The remaining GST refunds pending with CBIC will continue to be processed
                                        expeditiously.

Taxmann's Laws  August 2018                                                                                          3
Latest

                                  GST
                               Publications 2018
                                  As Amended by
        CGST (Amdt.) Act 2018/IGST (Amdt.) Act 2018/UTGST (Amdt.) Act 2018/
                    GST (Compensation to States) Amdt. Act 2018

    GST Tariff with GST Rate                           GST Works Contract &
    Reckoner                                           Other Construction Contracts
                                                       Sudipta Bhattacharjee/Rishabh Prasad/
    GST Manual with GST Law Guide                      Abhishek Garg
    & GST Practice Manual
                                                       GST Input Tax Credit
    GST Ready Reckoner                                 V.S. Datey
    V.S. Datey
                                                       GST E-Way Bill
    GST Refunds                                        V.S. Datey
    Aditya Singhania
                                                       GST on Builders &
    GST - How to Meet Your                             Real Estate Agents
    Obligations                                        Sandesh Mundra
    S.S. Gupta
                                                       GST on
    GST Made Easy                                      Financial Services
    Answer to all Your Queries on GST                  Aditya Singhania
    Arpit Haldia
                                                       GST Law & Practice
    GST Master Guide                                   Divya Bansal
    Vivek Laddha/Pooja Patwari
                                                       GST -
    GST Mini Ready Reckoner                            leL;k,a ,oa lek/kku
    Arpit Haldia                                       Arpit Haldia/Megha Haldia
    GST Acts with Rules & Forms

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Taxmann's Laws  August 2018                                                                          5
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    Always Amended Central and State GST Acts,                                 Place of Supply tool helps you to accurately determine
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    Customized 25,000+ Case laws relevant under                                State-specific E-way Bill tool to determine if an E-way
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Taxmann's Laws  August 2018                                                                           7
Date of Publishing 27-8-2018                            Date of Posting 27/28-8-2018                                        Posted at Delhi RMS
LICENSED POST WITHOUT PRE-PAYMENT NO. U(C)-35/2017-2019                       D. No. DL(C) -05/1183/2017-19 RNI No. DELENG/2004/13822

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