|
Chapter XXI:
Miscellaneous
|
|
143
|
Job work procedure:
►
A principal may send
inputs or capital goods, without payment of tax, to a job worker & shall
either bring back or supply such inputs or capital goods (other than moulds
& dies, jigs & fixtures, or tools) within 1 year & 3 years,
respectively, of being sent out. If not, such inputs/capital goods shall be
deemed to be supplied by the principal on the day of sending out.
►
The principal shall
not supply the goods from the place of business of a job worker unless the
principal declares such place of the job-worker as his additional place of
business except where the job worker is registered u/s 25 or the principal
supplies notified goods.
|
|
145
|
Admissibility of documents as evidence:
A micro
film or reproduction of the images embodied in such film or a facsimile copy
or printout or information stored electronically shall be deemed to be a
document & is admissible in any proceedings.
|
|
146
|
www.gst.gov.in is notified as the common Goods and Services Tax
Electronic Portal for facilitating registration, payment of tax, furnishing
of returns and computation and settlement of integrated tax.
www.ewaybillgst.gov.in is
notified as the common Goods and Services Tax Electronic Portal for
furnishing electronic way bill. [Notification
No. 9/2018]
GSTN announced the release
of the E-Way
Bill 2 Portal (https://ewaybill2.gst.gov.in) by
NIC on 01-Jun-2024, ensuring high availability alongside the main e-way Bill
portal (https://ewaybillgst.gov.in).
www.einvoice1.gst.gov.in,
www.einvoice2.gst.gov.in, www.einvoice3.gst.gov.in, www.einvoice4.gst.gov.in,
www.einvoice5.gst.gov.in, www.einvoice6.gst.gov.in, www.einvoice7.gst.gov.in,
www.einvoice8.gst.gov.in, www.einvoice9.gst.gov.in, www.einvoice10.gst.gov.in are notified as the
common Goods and Service Tax Electronic Portal for preparation of the invoice
as per Rule 48(4) in case of supply to registered persons & exports [other
than a government dept., local authority, SEZ unit and persons
referred to in sub-rules (2), (3), (4) and (4A) of rule 54] whose aggregate turnover in
any preceeding financial year starting from 2017-18, exceeds Rs.5 crore. [Notification
No.69/2019] & [Notification
No. 10/2023]
|
|
147
|
Deemed exports: [Notification No. 48/2017] & [Circular No. 14/14 /2017 – GST]
The supply
of following goods are notified as deemed exports, where goods supplied do
not leave India, and payment for such supplies is received either in Indian
rupees or in convertible foreign exchange, if such goods are manufactured in
India.
►
Supply of goods by a
registered person against Advance Authorisation
Provided that goods so supplied, when exports have already
been made after availing ITC on inputs used in manufacture of such exports,
shall be used in manufacture and supply of taxable goods (other than nil
rated or fully exempted goods) and a certificate to this effect from a
chartered accountant is submitted to the jurisdictional commissioner of GST
or any other officer authorised by him within 6 months of such supply.
Provided further that no such certificate shall be required if
ITC has not been availed on inputs used in manufacture of export goods. [Notification No. 01/2019]
►
Supply of capital
goods by a registered person against Export Promotion Capital Goods
Authorisation
►
Supply of goods by a
registered person to Export Oriented Unit
“Export Oriented Unit” means an Export Oriented Unit or
Electronic Hardware Technology Park Unit or Software Technology Park Unit or
Bio-Technology Park Unit approved in accordance with the provisions of
Chapter 6 of the Foreign Trade Policy 2015-20.
►
Supply of gold by a
bank or Public Sector Undertaking specified in the notification No.
50/2017-Customs, dated the 30th June, 2017 (as amended) against Advance
Authorisation.
|
|
148
|
Special procedures of registration,
return, tax payment for certain classes of persons:
►
Registered person who
did not opt for the composition levy u/s 10 shall pay the central tax on the
outward supply of goods at the time of supply as specified in section
12(2)(a) of the said Act including in the situations attracting the
provisions of section 14 of the said Act, and shall accordingly furnish the
details and returns as mentioned in Chapter IX of the said Act and the rules
made there under and the period prescribed for the payment of tax by such
class of registered persons shall be such as specified in the said Act [Notification No. 40/2017]
|
|
►
In case below
mentioned registered person, the liability to pay tax shall arise when such
registered person transfers possession or the right in the constructed
complex, building or civil structure, to the person supplying the development
rights by entering into a conveyance deed or similar instrument (for example
allotment letter):
◆
registered persons who
supply development rights to a developer, builder, construction company or
any other registered person against consideration, wholly or partly, in the
form of construction service of complex, building or civil structure; and
◆
registered persons who
supply construction service of complex, building or civil structure to
supplier of development rights against consideration, wholly or partly, in
the form of transfer of development rights. [Notification No. 4/2018]
|
|
►
The person, who
received a Provisional Identification Number, but did not file the complete FORM GST REG-26 till 31-Dec-17, can
apply for GSTIN by following special procedure given in Notification No. 31/2018 (subject
to amendments in Notification No. 67/2018).
|
|
148A
|
Track and trace mechanism for certain
goods:
For the
notified goods & Persons dealing with or possessing such goods, the
Government may:
►
Provide a system for
enabling affixation of unique identification marking, electronic data storage
and access of information through prescribed persons; and
►
Prescribe the unique
identification marking for such goods including information to be recorded.
The
notified persons must:
►
Affix the prescribed
unique identification marking on the goods or packages;
►
Furnish required information
within the prescribed time and maintain records in the prescribed form and
manner;
►
Furnish prescribed
details of machinery installed, including identification, capacity, duration
of operation; and
►
Pay applicable charges
for the track and trace mechanism system.
|
|
150
|
Obligation to furnish information
return by following persons if they are
responsible to maintain specified
records:
►
A taxable person
►
A local authority or
other public body or association;
►
Any authority
responsible for collection of VAT, sales tax, excise duty or customs duty;
►
An income tax
authority appointed under the provisions of the Income-tax Act, 1961
►
A banking company or
any entity entrusted with distribution of electricity
►
The Registrar/
Sub-Registrar under the Registration Act, 1908 or Companies Act, 2013
►
Registering authority
under the Motor Vehicles Act, 1988
►
Collector referred to
in the Right to Fair Compensation & Transparency in Land acquisition,
Rehabilitation & Resettlement Act, 2013
►
The recognized stock
exchange referred to in Securities Contracts (Regulation) Act, 1956
►
A depository referred
to in the Depositories Act, 1996
►
An officer of the RBI
►
The GST Network, a
company registered under the Companies Act, 2013
►
A person to whom a
Unique Identity Number has been granted u/s 25(9)
►
Any other specified
person
‘Specified
Record’ means record of registration or statement of accounts or return or
document containing details of tax payment & transaction of supplies
related to a bank account or consumption of electricity or transaction of
purchase, sale or exchange of goods or property or right or interest in a
property under any law.
|
|
168
|
Power to issue instructions or
directions: The Board may, if it
considers it necessary or expedient so to do for the purpose of uniformity in
the implementation of this Act, issue such orders, instructions or directions
to the central tax officers as it may deem fit, and thereupon all such
officers and all other persons employed in the implementation of this Act
shall observe and follow such orders, instructions or directions.
For Manual
filing and processing of refund claims in respect of zero-rated supplies,
refer Circular No.17/17/2017-GST
|
|
170
|
Rounding off: Any sum payable or due, under this Act shall be rounded off to the nearest Rupee. Where part of a rupee is 50 paise or more, it shall be
increased to one rupee & if less, it shall be ignored.
|
|
171
|
Anti-profiteering measure: Any reduction in rate of tax or the benefit of ITC shall be passed on to the
recipient by way of commensurate
reduction in prices.
The Principal Bench of the Appellate
Tribunal, constituted under Sec. 109(3) has been appointed to examine if input tax credits availed by
registered person or reduction in tax rate have actually resulted in a
commensurate reduction in the price of goods or services. [Notification No. 18/2024]
The
Principal Bench of the Appellate Tribunal can accept any request for such
examination only up
to 31-Mar-25. [Notification No. 19/2024]
If the
profiteered amount is not
deposited within 30 days from the date of
passing of order by the Authority, the registered person, who has profiteered
shall pay penalty equal to 10%
of profiteered amount.
|
