Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

GST UPDATE ON NOTIFICATION NO. 40/2017-CT DATED 13.10.2017

GST UPDATE ON NOTIFICATION NO. 40/2017-CT DATED 13.10.2017

GST UPDATE ON NOTIFICATION NO. 40/2017-CT DATED 13.10.2017

In the 22nd meeting of GST Council held on 6.10.2017, it was decided to give special benefits to small and medium enterprises. To implement this decision, notification no. 40/2017-CT dated 13.10.2017 has been issued which reads as follows:-
"In exercise of the powers conferred by section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the ‘said Act’), the Central Government, on the recommendations of the Council, hereby notifies the registered person whose aggregate turnover in the preceding financial year did not exceed one crore and fifty lakh rupees or the registered person whose aggregate turnover in the year in which such person has obtained registration is likely to be less than one crore and fifty lakh rupees and who did not opt for the composition levy under section 10 of the said Act as the class of persons who shall pay the central tax on the outward supply of goods at the time of supply as specified in clause (a) of sub-section (2) of section 12 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 thereunder and the period prescribed for the payment of tax by such class of registered persons shall be such as specified in the said Act."
The analysis of this notification is given as follows:-
1. The benefit of this notification is available only to the supplier of goods. This is clarified by the following language of this notification:-
• Registered person whose aggregate turnover in the preceding financial year did not exceed one crore and fifty lakh rupees; OR
• The registered person whose aggregate turnover in the year in which such person has obtained registration is likely to be less than one crore and fifty lakh rupees;
AND
• Who did not opt for the composition levy under section 10 of the said Act.
Since the language of this notifications uses the word "AND" after prescribing the limits of aggregate turnover, it is clear that there should be an option available with the registered person to opt for composition scheme. Since the service providers (except suppliers of food and beverages) does not have OPTION of composition scheme, we can conclude that this notification is clearly meant for suppliers of goods only. Therefore, supplier of services shall continue to pay tax on advances and shall be governed by normal scheme of return filing.
2. Further, both the benefits extended by this notification, i.e. the payment of tax on billed basis and furnishing of returns; are so extended by using the word "AND". It means that both the benefits are available to the category of persons who fall in the category of persons as specified in this notification. Therefore, we cannot say that the benefit of quarterly return filing is available to all the suppliers and only the payment of tax on billed basis (i.e. no payment of tax on advances) is restricted to supplier of goods. Therefore, in our view, both the facilities will be available only to the supplier of goods.
3. The benefit of quarterly filing of return that was decided in the meeting of GST council is not yet notified. This notification also indicates that it shall be as specified in the Act.
4. A doubt has also arisen as to what will be the meaning of "registered person" as used in the above notification. For the sake of convenience, the respective language is produced as follows:-
• Registered person whose aggregate turnover in the preceding financial year did not exceed one crore and fifty lakh rupees; OR
• The registered person whose aggregate turnover in the year in which such person has obtained registration is likely to be less than one crore and fifty lakh rupees;
At the first sight, it appears that it means the person registered under GST. However, if we go by this view, it will make the first clause above as redundant as the second clause is to be read independently and every person will fall in the second clause only. Therefore, it is possible that all the persons will be eligible for exemption under this notification from the payment of tax on advances till their turnover reaches one crore and fifty lakh rupees.
5. However, assuming that the registered person means registered under Central excise or VAT does not sound feasible as wherever the Act uses the words "registered person", it is referring as registered under GST as indicated at almost all the places.
Therefore, the language of notification does not seem to be clear and unambiguous. Further clarity may be brought once the notification for extending the facility of quarterly return is issued. Till then, we can just analyze, assume and interpret.

You can visit us at www.capradeepjain.com , our facebook page at https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/… and our twitter account at @pradeep20642553

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com