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13 th May, 2017 Goods & Services Tax An Overview of – Registration… Invoicing… 13 th May, 2017 Goods & Services Tax An Overview of – Registration… Invoicing… & Returns… By – SUYOG NAWAL ZMHS & Associates

Application State registration REGISTRATION Threshold Registration PAN based registration Transition Special Situations Z M Application State registration REGISTRATION Threshold Registration PAN based registration Transition Special Situations Z M H S & Associates Chartered Accountants

REGISTRATION Important definition to understand – ‘PERSON’ [Sec. 2(84) of CGST Act] includes (a) REGISTRATION Important definition to understand – ‘PERSON’ [Sec. 2(84) of CGST Act] includes (a) an individual (b) a HUF (c) a company (d) a firm (e) a LLP (f) an Ao. P or a Bo. I, whether incorporated or not, in India or outside India (g) any corporation established by or under any Central Act, State Act or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013; (h) any body corporate incorporated by or under the laws of a country outside India; Continued … Z M H S & Associates Chartered Accountants

REGISTRATION … continued ‘PERSON’ [Sec. 2(84) of CGST Act] includes (i) a co-operative society REGISTRATION … continued ‘PERSON’ [Sec. 2(84) of CGST Act] includes (i) a co-operative society registered under any law relating to co-operative societies (j) a local authority (k) Central Government or a State Government (l) society as defined under the Societies Registration Act, 1860 (m) trust; and (n) every artificial juridical person, not falling within any of the above Z M H S & Associates Chartered Accountants

REGISTRATION ‘PLACE OF BUSINESS’ [Sec. 2(85) of CGST Act] includes (a) a place from REGISTRATION ‘PLACE OF BUSINESS’ [Sec. 2(85) of CGST Act] includes (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or (b) a place where a taxable person maintains his books of account; or (c) a place where a taxable person is engaged in business through an agent, by whatever name called; Z M H S & Associates Chartered Accountants

REGISTRATION ‘PRINCIPAL PLACE OF BUSINESS’ [Sec. 2(89) of CGST Act] means … the place REGISTRATION ‘PRINCIPAL PLACE OF BUSINESS’ [Sec. 2(89) of CGST Act] means … the place of business specified as the principal place of business in the certificate of registration; Refer: Point 12 in GST REG – 01 [Application for registration] ‘FIXED ESTABLISHMENT’ [Sec. 2(50) of CGST Act] means – … a place (other than the registered place of business) which is characterized by a sufficient degree of permenance and suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs Z M H S & Associates Chartered Accountants

REGISTRATION ‘BUSINESS VERTICAL’ [Sec. 2(18) of CGST Act] means - [Accounting Standard 17] … REGISTRATION ‘BUSINESS VERTICAL’ [Sec. 2(18) of CGST Act] means - [Accounting Standard 17] … a distinguishable component of an enterprise that is engaged in the supply of individual goods or services or a group of related goods or services which is subject to risks and returns that are different from those of the other business verticals. Explanation. ––For the purposes of this clause, factors that should be considered in determining whether goods or services are related include– (a) the nature of the goods or services; (b) the nature of the production processes; (c) the type or class of customers for the goods or services; (d) the methods used to distribute the goods or supply of services; and (e) the nature of regulatory environment (wherever applicable), including banking, insurance, or public utilities; Z M H S & Associates Chartered Accountants

REGISTRATION Determining the necessity for obtaining registration – 1. Threshold - Rs. 20 lakhs REGISTRATION Determining the necessity for obtaining registration – 1. Threshold - Rs. 20 lakhs general - Rs. 10 lakhs – special category states [‘special category’ to be specified] 2. In case of migration from old laws to GST - Except composition dealer in existing laws - Except input service distributor under existing laws 3. Transfer of business - As going concern - As slump sale … continued Z M H S & Associates Chartered Accountants

REGISTRATION Determining the necessity for obtaining registration – 4. Compulsory registration – i. Inter-state REGISTRATION Determining the necessity for obtaining registration – 4. Compulsory registration – i. Inter-state taxable supply ii. Casual taxable person iii. Tax payable under reverse charge iv. E-commerce operator v. Non-resident taxable person vii. Person required to deduct tax at source (TDS / TCS deductor) viii. Agent ix. Input service distributor x. Non-resident Online Information and data base access and retrieval service provider (NR – OIADB) … continued Z M H S & Associates Chartered Accountants

REGISTRATION Determining the necessity for obtaining registration – 5. Person making supplies from the REGISTRATION Determining the necessity for obtaining registration – 5. Person making supplies from the territorial waters of India 6. Separate business verticals (conditions as may be prescribed) 7. Voluntary registration Note - ü Every registration to be treated as distinct persons ü Special category persons – Unique identification number (UIN) is granted [No GSTIN] Z M H S & Associates Chartered Accountants

REGISTRATION Time limit for obtaining registration – - Application within 30 days from the REGISTRATION Time limit for obtaining registration – - Application within 30 days from the date a person becomes liable for registration - Casual taxable person & non-resident taxable person should apply atleast 5 days prior to commencement of the business - Approval / Notice by the proper officer within 3 working days from the date of application - In case of notice, applicant to furnish clarification within 7 working days from date of receipt of notice - Issuance of registration certificate within 7 working days from receipt of clarification against the notice or date of application, as the case may be Z M H S & Associates Chartered Accountants

REGISTRATION Effective date of registration If the application is submitted within 30 days then REGISTRATION Effective date of registration If the application is submitted within 30 days then the effective date shall be such date on which he became liable for registration. Deemed grant of registration /UIN If no deficiency in the application nor approval is granted within prescribed period then the registration /UIN shall be deemed to have been granted Z M H S & Associates Chartered Accountants

REGISTRATION Sr No Form No Particulars 1 GST REG – 01 Application for Registration REGISTRATION Sr No Form No Particulars 1 GST REG – 01 Application for Registration 2 GST REG – 02 Acknowledgement 3 GST REG – 03 Notice for SEEKING Additional Information / Clarification / Documents relating to Application for Registration / Amendment / Cancellation 4 GST REG – 04 Application for FILING clarification/additional information/document for Registration/Amendment/Cancellation/Revocation of Cancellation 5 GST REG – 05 Order of Rejection of Application for Registration / Amendment / Cancellation/ Revocation of Cancellation 6 GST REG – 06 Registration Certificate 7 GST REG – 07 Application for Registration as Tax Deductor (TDS) or Tax Collector at Source (TCS) 8 GST REG – 08 Order of Cancellation of Application for Registration as TDS or TCS 9 GST REG – 09 Application for Allotment of Unique ID to UN Bodies/ Embassies /any other person 10 GST REG – 10 Application for Registration for Non Resident Taxable Person 11 GST REG – 11 Application for AMENDMENT in Particulars subsequent to Registration Z M H S & Associates Chartered Accountants

REGISTRATION Sr No Form No Particulars 12 GST REG – 12 Order of Amendment REGISTRATION Sr No Form No Particulars 12 GST REG – 12 Order of Amendment of existing Registration 13 GST REG – 13 Order of Allotment of Temporary Registration/ Suo Moto Registration 14 GST REG – 14 Application for Cancellation of Registration 15 GST REG – 15 Show Cause Notice for Cancellation of Registration 16 GST REG – 16 Order for Cancellation of Registration 17 GST REG – 17 Application for Revocation of Cancelled Registration 18 GST REG – 18 Order for Approval of Application for Revocation of Cancelled Registration 19 GST REG – 19 Notice for SEEKING Clarification / Documents relating to Application for Revocation of Cancellation 20 GST REG – 20 Application for Enrolment of Existing Taxpayer 21 GST REG – 21 Provisional Registration Certificate to existing taxpayer 22 GST REG – 22 Order of cancellation of provisional certificate Z M H S & Associates Chartered Accountants

REGISTRATION Sr No Form No Particulars 23 GST REG – 23 Intimation of discrepancies REGISTRATION Sr No Form No Particulars 23 GST REG – 23 Intimation of discrepancies in Application for Enrolment of existing taxpayer 24 GST REG – 24 Application for Cancellation of Registration for the Migrated Taxpayers not liable for registration 25 GST REG – 25 Application for extension of registration period by Casual / Non-Resident taxable person 26 GST REG – 26 Form for Field Visit Report Z M H S & Associates Chartered Accountants

REGISTRATION GSTIN STATE CODE PAN 4 5 6 7 8 ENTITY CODE 9 10 REGISTRATION GSTIN STATE CODE PAN 4 5 6 7 8 ENTITY CODE 9 10 BLANK CHECK DIGIT 1 2 3 11 12 13 14 15 2 7 A H B P N 7 6 4 8 B 1 Z B Z M H S & Associates Chartered Accountants

REGISTRATION CASE STUDY # 1 • A trading company is having its units in REGISTRATION CASE STUDY # 1 • A trading company is having its units in 5 states. • Currently, it is not registered in those state as its turnover is below the threshold limit as specified under respective state VAT laws • The company’s annual sales revenue was reported at Rs. 24 Lakhs in it’s audited financials for FY 2016 -17 • What will be the company’s position under GST law? Will they require to obtain registration under GST? Z M H S & Associates Chartered Accountants

REGISTRATION CASE STUDY # 2 • A company which owns vessels is registered in REGISTRATION CASE STUDY # 2 • A company which owns vessels is registered in Maharashtra under current indirect tax laws • The said vessels are specialized vessels used for oil exploration projects by government of India • Few of their vessel, under a project, were deployed in the east coast of India viz. Andhra Pradesh • Vessels are manned with men and material • Company seeks replenishment of food and water from local vendors of Andhra Pradesh to supply on board the vessels • Place of supply of those goods is Andhra Pradesh • Company wants to know if it is required to take registration in the State of Andhra Pradesh? Z M H S & Associates Chartered Accountants

REGISTRATION CASE STUDY # 3 • A FMCG company has its registered place of REGISTRATION CASE STUDY # 3 • A FMCG company has its registered place of business in Himachal Pradesh and a regional distribution hub / warehouse in Madhya Pradesh (MP) • There are no sale made at the warehouse level • Warehouse is only to transfer the stock as per the HO instructions to either local distributor or any other warehouse in any other state • Company wants to know if their MP warehouse need to be registered under GST law even though there is no sale made from warehouse? Z M H S & Associates Chartered Accountants

REGISTRATION CASE STUDY # 4 • An Oil Company is having a bunker / REGISTRATION CASE STUDY # 4 • An Oil Company is having a bunker / fuel floating storage tank in the coastal waters which caters to the needs of the vessels coming in or going out. • The barge is located at 10 nautical miles Mumbai • The oil company has its registered place of business in Gujarat • Company wants to know if they are required to register under GST? If yes, under which State? Z M H S & Associates Chartered Accountants

INVOICING Z M H S & Associates Chartered Accountants INVOICING Z M H S & Associates Chartered Accountants

INVOICING SPECIFIED DOCUMENTS – Document title Reference Purpose Invoice Section 31 – CGST Supply INVOICING SPECIFIED DOCUMENTS – Document title Reference Purpose Invoice Section 31 – CGST Supply of goods or service or both by registered taxable person including an ISD Bill of supply Section 31(3)(c) – CGST Exempted supplies or supplies under Composition Receipt voucher Section 31(3)(d) – CGST Receipt of advance payment Supplementary tax invoice Section 31(3)(a) – CGST For supplies made between effective date and date of issuance of RC Credit Note / Debit Note Section 34 – CGST Adjustment in taxable value or tax charged in the invoice Delivery Challan Rule 8 (draft rules) Removal of goods by supplier for specified purposes E-way bill Separate Rules Inter-state movement of goods Z M H S & Associates Chartered Accountants

INVOICING TIME LIMIT FOR ISSUING TAX INVOICE For supply of SERVICES • Normally, within INVOICING TIME LIMIT FOR ISSUING TAX INVOICE For supply of SERVICES • Normally, within 30 days from the date of supply • For insurance, banking company or a financial institution (including NBFC), time limit is 45 days For supply of GOODS • Time of removal; or • Time of delivery; or • Making goods available for the recipient; Whichever is earlier. For continuous supply of services • If due date is ascertainable - on or before the due date of payment; • If due date is NOT ascertainable - before or at the time of receipt of payment by supplier. • If payment is linked to completion of an event – on or before the completion of that event Z M H S & Associates Chartered Accountants

INVOICING CONTENTS OF THE DOCUMENTS Z M H S & Associates Chartered Accountants INVOICING CONTENTS OF THE DOCUMENTS Z M H S & Associates Chartered Accountants

INVOICING CASE STUDY # 1 A unit located in Mumbai wants to send some INVOICING CASE STUDY # 1 A unit located in Mumbai wants to send some raw materials for job-work to its job-worker’s premises in Pune. Company wants to know what documents it should execute to effect the movement of goods from Mumbai to Pune? Also, the Company wants to know what documents should a job-worker execute to return the material after the job-work is done? Z M H S & Associates Chartered Accountants

INVOICING CASE STUDY # 2 The Company has received some goods at their premises INVOICING CASE STUDY # 2 The Company has received some goods at their premises and upon conducting a quality check some portion of material was found to be defected. Now, the company wants to know what documents should support the return of goods to the supplier? Z M H S & Associates Chartered Accountants

INVOICING CASE STUDY # 3 The Company has its place of business in Maharashtra. INVOICING CASE STUDY # 3 The Company has its place of business in Maharashtra. It has received an order from it’s customer to supply certain goods on urgent basis. Company has placed an order on its supplier specifying the delivery location to be it’s customer’s premises. Considering supplier is located in Karnataka, supplier wants to know what documents should he execute to effect the movement of goods? Z M H S & Associates Chartered Accountants

INVOICING CASE STUDY # 4 A person is having a chain of restaurants spread INVOICING CASE STUDY # 4 A person is having a chain of restaurants spread throughout various states viz. Maharashtra, Goa, Gujarat, Tamil Nadu, Kolkata, Madhya Pradesh & Rajasthan (total 7 states). Q 1. Considering turnover in each state is in the range of Rs. 25 lakhs what document should the restaurateur should execute while billing for the food and beverage service? Q 2. Considering the turnover in each state is in the range of Rs. 5 Lakhs what document should the restaurateur should execute while billing for the food and beverage service? Z M H S & Associates Chartered Accountants

RETURNS Z M H S & Associates Chartered Accountants RETURNS Z M H S & Associates Chartered Accountants

RETURNS Walk-through of return forms [ This information is made available in public domain RETURNS Walk-through of return forms [ This information is made available in public domain by GSTN ] Z M H S & Associates Chartered Accountants

RETURNS Due Dates Return Form What to file? By Whom? By When? GSTR-1 Details RETURNS Due Dates Return Form What to file? By Whom? By When? GSTR-1 Details of outward supplies of taxable Registered Taxable Supplier goods and/or services effected 10 th of the next month GSTR-2 Details of inward supplies of taxable goods and/or services effected claiming input tax credit. Registered Taxable Recipient 15 th of the next month GSTR-3 Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of amount of tax. Registered Taxable Person 20 th of the next month GSTR-4 Quarterly return for compounding taxable person. Composition Supplier 18 th of the month succeeding quarter GSTR-5 Return for Non-Resident foreign taxable person Non-Resident Taxable Person 20 th of the next month GSTR-6 Return for Input Service Distributor 13 th of the next month Z M H S & Associates Chartered Accountants

RETURNS Due Dates Return Form What to file? By Whom? By When? GSTR-7 Return RETURNS Due Dates Return Form What to file? By Whom? By When? GSTR-7 Return for authorities deducting tax at Tax Deductor source. 10 th of the next month GSTR-8 Details of supplies effected through e- E-commerce Operator/Tax commerce operator and the amount of Collector tax collected 10 th of the next month GSTR-9 Annual Return Registered Taxable Person 31 st December of next financial year GSTR-10 Final Return Taxable person whose registration Within three months of the date of has been surrendered or cancelled. cancellation or date of cancellation order, whichever is later. GSTR-11 Details of inward supplies to be furnished by a person having UIN Person having UIN and claiming refund 28 th of the month following the month for which statement is filed Z M H S & Associates Chartered Accountants

Thank You Z M H S & Associates Chartered Accountants NARIMAN POINT OFFICE: Office Thank You Z M H S & Associates Chartered Accountants NARIMAN POINT OFFICE: Office No 55, 5 th Floor, C-Wing, Mittal Tower, Nariman Point Mumbai 400 021 Tel No: 022 -6237 1665/66 MAZGAON OFFICE: 41, Ground Floor, Harbour Crest, Tulsiwadi, Mazgaon Mumbai 400 010 Tel No: 022 -2372 5523