The total number of GSTR 3B Returns filed for the month of September up to 31st October, 2018 is 67.45lakh.

The Government has settled Rs. 17,490 crore to CGST and Rs. 15,107 crore to SGST from IGST as regular settlement. Further, Rs .30,000crore has been settled from the balance IGST available with the Centre on provisional basis in the ratio of 50:50 between Centre and States. The total revenue earned by Central Government and the State Governments after regular and provisional settlement in the month of October, 2018 is Rs. 48,954 crore for CGST and Rs. 52,934crore for the SGST.

The Revenue collected in October, 2018 of Rs. 100,710 crore is higher by 6.64% as compared to September, 2018 collection of Rs. 94,442 crore. The chart shows trends in revenue during the current year. The States which achieved extra- ordinary growth in total taxes collected from the State assesses include Kerala (44%), Jharkhand (20%), Rajasthan (14%), Uttarakhand (13%) and Maharashtra (11%).

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Have you ever scrutinized the electricity or power bill you receive on monthly basis? A standard electricity bill would have the components of fixed charge, energy charge, surcharge, etc. The distribution companies may also levy additional charges in the monthly bills for issuing duplicate bills, rental charges for electricity meter, testing fees, labor charges for shifting of meters or other non-tariff charges. Whether distribution companies are liable to charge GST on such non-tariff charges from the customers has been a matter for adjudication before the Rajasthan Authority for Advance Ruling.

Under the pre-GST regime, charges for distribution of electricity and charges for non-tariff services in relation to power supply were exempt from levy of service-tax. It is pertinent to mention here that the exemption notification didn’t define the meaning of ‘distribution of electricity’. In this regard, the CBIC (earlier termed as ‘CBEC’) vide Circular No. 131/13/2010-ST, dated December 7, 2010 had clarified that supply of electricity meters for hire to the consumers, being an essential activity having direct and close nexus with transmission and distribution of electricity, shall also be covered by the exemption granted for transmission and distribution of electricity. Therefore, the Service-tax was not levied on hire charges recovered from the customers for the electricity meters by the distribution companies or distribution licensees.

For other allied charges recovered from the customers, inter-alia, charges for erection, commissioning, installation of meters, technical testing, etc., the Delhi Tribunal in the case of Purvanchal Vidyut Vitran Nigam Ltd. v. CCE [2012] 26 taxmann.com 148 extended the exemption from service-tax by holding that the allied services in case of electricity supply could easily be termed as services in relation to transmission and distribution of electricity.

Unlike Service-tax, the Govt. has only exempted the services of transmission or distribution of electricity by an electricity utility from levy of GST. For other charges recovered by the DISCOMS, the CBIC has clarified charges for other services, inter-alia fee for releasing connection of electricity, rental charges against metering equipment, testing fee for meters or transformers, labour charges for shifting of meters, charges for duplicate bills, etc. shall be chargeable to GST.

The Rajasthan Authority for Advance Ruling on application filed by M/s TP Ajmer Distribution Limited [2018] 95 taxmann.com 61 adjudicated on the issue of taxability of hire charges of electricity meters and other non-tariff charges recovered by DISCOMS or Distribution licensees from the customers. The Authority held that such charges shall be taxable under GST Law on the basis of clarification issued by Govt. vide Circular No. 34/8/2018- GST, dated March 1, 2018. In the above circular, the Govt. had clarified that rental charges for metering equipment would be taxable under GST Law at the rate of 18%.

There is no justification in change in standpoint of the Govt. in regard to taxability of non-tariff charges including rental charges for electricity meters. The burden of GST will be borne by the end-consumer in form of higher prices of electricity.

If CBIC cannot maintain the status-quo vis-à-vis service-tax, it should treat the electricity and non-tariff services on the footings of other essential goods or services. As all essential goods and services have either been exempted from tax or are chargeable to tax at concessional rate, non-tariff services rendered by the electricity companies which are in relation to distribution or transmission of electricity should also be treated on same footings.

In GST, multiple services rendered together are considered as composite supplies if they are bundled naturally. In that case, the rate of GST to be applied would be the rate as applicable to the principal component in the composite supply. The same concept should be applied to decipher the issue of levy of GST on charges recovered for non-tariff services.

Such an exemption is much needed to take forward the Government’s vision of electrifying the rural and remote areas of the country under the Pradhan Mantri Sahaj Bijli Har Ghar Yojana or Saubhagya Yojana.

If you are living in Houston and want to find the best electricity rates offered by many providers then check the HomeEnergyClub comparison website to find the best electricity companies in Houston which offer the best plans that could help you lower your monthly bills.

Author:

CA Shubham Mittal, Taxmann.com

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The Model GST Laws deals with the transition of refund of taxes which are paid under the existing system under the Transitional Provisions and insulated GST mechanism from refund of taxes paid under the existing regime.

Section179 insulates the GST framework from all pending refund application made under existing laws. This section bars to credit or set-off of all refund/demands arises out of disposal of such refund applications. Thus the credit ledger will have no impact from disposal of such refund applications.

With the introduction of GST regime, all the major three acts i.e. Central Excise Act, Service Tax Act & VAT Act have been merged and the system prevalent under the GST is creating the refunds, almost for every dealer especially for exporters and the dealers those are purchasing the goods as a raw material at higher rates and ultimately manufacture goods are covered under the Lower Tax ability. To address with these types of contingencies and to obtain the refund, a special provision of refund in Shrine in the GST Act has been included under the GST Act.

Eligible classes for refund

Following are the conditions, where the refund can be applied:

– Refund of tax paid on Deemed Exports- Deemed exports have been introduced as a category of supply under the Goods and Services Tax. The Government has listed the following types of supply to be categorized as deemed exports:

1. Supply of goods by a registered person against Advance Authorization
2. Supply of capital goods by a registered person against Export Promotion Capital Goods Authorization
3. Supply of goods by a registered person to Export Oriented Unit
4. 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 Authorization.

Refund of excess balance in Electronic Cash Ledger- Previously, there was no option to alter the returns at GSTN Network. Now, the government says that if any of the traders had paid an extra amount of tax by mistake while filing returns, the money will be returned to them. This facility has started online from 29th November. With just one click, the money will be transferred directly to the bank account of the particular taxpayer.

– Refund of tax paid on zero rated supply of goods or services of both.

– Finalization of provisional assessment.

– Refund for tax paid on purchase made by UN bodies and other Notified Agencies.

– Tax Refund for International Tourists.

– Refund of tax on inputs/input services used in making zero rated supply.

– Refund on account of ITC accumulated due to Inverted Tax Structure.

– On account of appeal/any other adjudication order

Procedure to claim refund

Refund in case of Export on payment of IGST

A registered person is able to clear the goods for export either without paying IGST under Letter of Undertaking (LOU) and can claim refund ITC. Or he can pay IGST and claim refund of tax paid.

If there is ITC of GST in balance which cannot be used otherwise, the registered person could clear the goods on payment of IGST & claim its refund. If not having ITC of GST in balance, he can clear the goods against letter of undertaking. The decision can be made consignment wise.

The shipping bill containing details of invoice shall be deemed to be an application for refund of IGST paid. When the exporter will file his monthly GSTR-1 (Table 6A) return & GSTR-3B, details of relevant tax invoice shall be transmitted electronically by common portal to Customs System. The custom system shall process the refund claim and amount of refund will be electronically credited to bank account of exporter.

TABLE–II-Refund of unutilized ITC (Export without payment of IGST & Other cases)

Application for refund shall be filed for a tax period in FORM GST RFD-01A online on the common portal.

Valid return in FORM GSTR-3B and GSTR-1 has to be filed for the tax period for which refund application has been filed.

Registered person applying for refund must give an undertaking to the effect that the amount of refund sanctioned would be paid back to the Government with interest in case it is found subsequently that the requirements have not been complied with in respect of the amount refunded.

On filing of refund application, an Acknowledgement Reference Number shall be generated.

The FORM GST RFD-01A along with the ARN and other necessary documents prescribed in Rule 89(2) of the CGST Rules, 2017 / Circular No. 17/17/2017-GST dated 15.11.2017 needs to be submitted manually in the office of the jurisdictional Tax officer

1. Refund of unutilized ITC to exporters

Refund of any unutilized input tax credit of inputs and input services will be allowed except where the goods exported out of India are subjected to

• Export duty; or
• Exporter claims drawback of CGST or refund of IGST paid on such export.

Time period for processing the refund application, otherwise interest @ 6%

The amount of refund is required to be sanctioned within 60 days from the date of receipt of application. It is also not disputed that 90% of the amount will be refunded within 7 days from the date of acknowledgment in form GST-RFD-04. If the amount will not be refunded or the application will not be decided within 60 days then applicant/ claimant is entitled for interest @ 6%. Refund amount will be credited directly to the claimant’s bank account.

Provisional refund shall be calculated taking into account the total Input Tax Credit, without making any reduction of credit being provisionally accepted.

List of documents required for GST Refund in case Exports

1. RFD 01A Online
2. RFD 01 Manual
3. GSTR 1
4. GSTR 3B
5. Credit ledger ( of Debit of amount on applying of refund)
6. Forwarding letter
7. ARN Receipt received on applying of refund
8. Copies of BRC
9. Copies of shipping bill
10. Copies Bill of lading

List of documents required for GST Refund in case of Inverted Tax Structure

1. RFD 01A Online
2. RFD 01 Manual
3. GSTR 1
4. GSTR 3B
5. Credit ledger (of Debit of amount on applying of refund)
6. Forwarding letter
7. ARN Receipt received on applying of refund
8. Copies of all the purchase bills of refund period
9. Few copies of sale bill
10. List of all the raw materials used (% of GST, HSN Code)
11. List of goods sold (% of GST, HSN Code)

These documents have to be self attested.

• Time lines have been set for processing of refund claims and claims not settled within 60 days will be paid with interest @6%.
• Refund amount will be credited directly to the claimant’s bank account.
• The process is online and hassle free and with minimum interface with tax authorities.

There is a Limitation period for filing the claim of refund. The refund claim has to be filed within two years from the relevant date.

Refund can be claimed even if payment was made in wrong head. A claimant can apply for refund of amount of tax which was wrongly deposited. To deal with this situation the taxable person is to file the refund application for the amount of wrongly credited in the Electronic Cash Ledger.

At last it can be said that effort to compile the provisions of refund under the GST Act beside this during the process of refund application it has been observed that still the claimants have to submit number of documents while filing the application manually which results in creating unnecessary trouble in the business community. So it is very important to issue the necessary instructions to the offices so that unnecessary documents should not be called for thereby making the whole system simpler.

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Broadly these items are grouped as follows:

v  Wires, cables, insulated conductors, electrical insulators, electrical plugs, switches, sockets, fuses, relays, electrical connectors

v  Electrical boards, panels, consoles, cabinets etc for electric control or distribution

v  Particle/fibre boards and ply wood; articles of wood, wooden frame, paving block

v  Furniture, mattress, bedding and similar furnishing

v  Trunk, suitcase, vanity cases, brief cases, travelling bags and other hand bags, cases

v  Detergents, washing and cleaning preparations

v  Liquid or cream for washing the skin

v  Shampoos; Hair cream, Hair dyes (natural, herbal or synthetic) and similar other goods; henna powder or paste, not mixed with any other ingredient;

v  Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, perfumery, cosmetic or toilet preparations, room deodorisers

v  Perfumes and toilet waters

v  Beauty or make-up preparations

v  Fans, pumps, compressors

v  Lamp and light fitting

v  Primary cell and primary batteries

v  Sanitary ware and parts thereof, of all kinds

v  Articles of plastic, floor covering, baths, shower, sinks, washbasins, seats, sanitary ware of plastic

v  Slabs of marbles and granite

v  Goods of marble and granite such as tiles

v  Ceramic tiles of all kinds

v  Miscellaneous articles such as vacuum flasks, lighters

v  Wrist watches, clocks, watch movements, watch cases, straps, parts

v  Articles of apparel & clothing, accessories of leather, guts, furskin, artificial fur and other articles such as saddlery and harness for any animal

v  Articles of cutlery, stoves, cookers and similar non electric domestic appliances

v  Razor and razor blades

v  Multi-functional printers, cartridges

v  Office or desk equipment

v  Doors, windows and frames of aluminium

v  Articles of plaster such as board, sheet

v  Articles of cement or concrete or stone and artificial stone

v  Articles of asphalt or slate

v  Articles of mica

v  Ceramic flooring blocks, pipes, conduit, pipe fittings

v  Wall paper and wall covering

v  Glass of all kinds and articles thereof such as mirror, safety glass, sheets, glassware

v  Electrical, electronic weighing machinery

v  Fire extinguishers and charges for fire extinguishers

v  Fork lifts, lifting and handling equipment

v  Bull dozers, excavators, loaders, road rollers

v  Earth moving and levelling machinery

v  Escalators

v  Cooling towers, pressure vessels, reactors

v  Crankshaft for sewing machine, tailor’s dummies, bearing housings, gears and gearing; ball or roller screws; gaskets

v  Electrical apparatus for radio and television broadcasting

v  Sound recording or reproducing apparatus

v  Signalling, safety or traffic control equipment for transports

v  Physical exercise equipment, festival and carnival equipment, swings, shooting galleries, roundabouts, gymnastic and athletic equipment

v  All musical instruments and their parts

v  Artificial flowers, foliage and artificial fruits

v  Explosive, anti-knocking preparation, fireworks

v  Cocoa butter, fat, oil powder

v  Extract, essence and concentrates of coffee, miscellaneous food preparations

v  Chocolates, chewing gum / bubble gum

v  Malt extract and food preparations of flour, groats, meal, starch or malt extract

v  Waffles and wafers coated with chocolate or containing chocolate

v  Rubber tubes and miscellaneous articles of rubber

v  Goggles, binoculars, telescope

v  Cinematographic cameras and projectors, image projector

v  Microscope, specified laboratory equipment, specified scientific equipment such as for meteorology, hydrology, oceanography, geology

v  Solvent, thinners, hydraulic fluids, anti-freezing preparation

The post GST Update: These 178 Item’s GST rate has been brought down from 28% to 18%, Check here appeared first on Legal Desire Media and Insights.

“Three years ago today, Prime Minister Narendra Modi announced a flagship program: Pradhan Mantri Jan Dhan Yojana (PMJDY) aimed at providing financial services to the poor. These included opening bank accounts for the poor, giving them electronic means of payment (via RUPAY cards), and placing them in a position to avail themselves of credit and insurance.

The vision underlying it was, of course, much broader: nothing short of ending the financial, and hence economic, digital and social exclusion faced by India’s poor. India’s poor would not only be able to overcome their economic deprivation but they would also become an integral part of the social mainstream.

Three years on, the achievements have been remarkable along many dimensions.

1. Total PMJDY accounts opened increased from 12.55 crore in January 2015 to 29.52 crore as of 16th Aug 2017.

2. The number of rural accounts opened under PMJDY has grown from 7.54 crore in January 2015 to 17.64 crore as of 16th Aug 2017.

3. No. of RuPay cards issued increased from 11.08 crore in January 2015 to 22.71 crore as of 16th Aug 2017.

4. The total balance in beneficiary accounts Rs. 65,844.68 crore and the average balance per account increased from Rs. 837 in January 2015 to Rs. 2231 as of 16th Aug 2017.

5. Zero balance accounts under PMJDY declined from 76.81 % in September 2014 to 21.41 % in August 2017.

6. As of March 2014, women constituted about 28 per cent of all savings accounts, with 33.69 crore accounts. As of March 2017, according to data from top 40 banks and RRBs, women’s share has risen to about 40 per cent. This includes 14.49 crore accounts opened by women under PMJDY, out of a total of 43.65 crore women’s accounts. This represents a sizeable and rapid growth in financial inclusion of women.

In addition to financial inclusion, the government has taken steps to provide security to the poor via life insurance under the Pradhan Mantra Jeevan Jyoti Bima Yojana (PMJJBY) and accident insurance Pradhan Mantra Suraksha Bima Yojana (PMSBY). As on 7th August, 2017, total enrollment was 3.46 crore under the PMJJBY and 10.96 crore under PMSBY. In both schemes, close to 40 percent of the enrollees are women.

The entire network created by the Pradhan Mantri Jan Dhan Yojana (PMJDY) has also enabled implementation of the Mudra Yojana. As on 18.8.2017, Rs.3.66 lakh crore have been distributed to 8.77 crore beneficiaries. These monies have all gone into their bank accounts.

But as it turned out, PMJDY and the other schemes were only the first step because in turn they have unleashed the “JAM” revolution.

JAM, a term coined, and a vision conceptualized, by our Chief Economic Adviser, is nothing short of a social revolution because it has brought together financial inclusion (PMJDY), biometric identification (Aadhaar) and mobile telecommunications. Today, about 52.4 crore unique Aadhaar numbers are linked to 73.62 crore accounts in India.

As a result, the poor are able to make payments electronically. Every month now, about 7 crore successful payments are made by the poor using their Aadhaar identification.

Above all, the government now makes direct transfer of Rs. 74,000 crore to the financial accounts of 35 crore beneficiaries annually, at more than Rs. 6,000 crore per month. These transfers are made under various government anti-poverty and support schemes such as PAHAL, MNREGA, old age pensions, student scholarships etc.

Now with the BHIM app and the Unified Payments Interface (UPI), JAM can become fully operational. A secure and seamless digital payments infrastructure has been created so that all Indians, especially the poor can become part of the digital mainstream.

The JAM social revolution offers substantial benefits for government, the economy and especially the poor. The poor will have access to financial services and be cushioned against life’s major shocks. Government finances will be improved because of the reduced subsidy burden; at the same time, government will also be legitimized and strengthened because it can transfer resources to citizens faster and more reliably and with less leakage.

Within reach of the country is what might be called the 1 billion-1 billion-1 billion vision. That is 1 billion unique Aadhaar numbers linked to 1 billion bank accounts and 1 billion mobile phones. Once that is done, all of India can become part of the financial and digital mainstream.

Just as GST created one tax, one market, one India, the PMJDY and the JAM revolution can link all Indians into one common financial, economic, and digital space. No Indian will be outside the mainstream. This is nothing short of a social revolution”.

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The good and services tax bill which is hold in government desk from last 15 year is now again in the chance of commencement. This paper attempts to contribute to this small body of literature by investigating the comparative GST/VAT avoidance approaches in Australia and South Africa. The two chosen countries are contrasting in many interesting ways.

The Goods and Services Tax (GST) or Value Added Tax (VAT) has been the most significant development in taxation around the world over the past 60 years. First implemented in France in 1954,[1] the expansion of GST/VAT was limited to less than 10 countries in the late 1960s. It is now one of the most important sources of government revenue, raising on average 20 per cent of tax revenue, in more than 160 countries worldwide.[2]

The only major exception is the United States (US) although most States in the US impose a broad-based retail sales tax at widely varying rates. The rapid widespread of GST/VAT in both the developed and developing worlds has been due to a number of different factors. They include

• GST/VAT’s powerful revenue yield
• Its ability to raise revenue in a neutral and transparent manner, especially with respect to international trade
• Its pro-growth property relative to income tax[3]
• It’s self-policing property against tax evasion under the credit-invoice method

The two chosen countries are contrasting in many interesting ways. The VAT in South Africa has a much longer history. It was first introduced on 29 September 1991 while the Australian GST commenced almost nine years later on 1 July 2000.

1. Brief Overview of GST/VAT
   • Australia

Australia’s GST has a long period of gestation and a difficult birth. The idea of a broad based consumption tax was first proposed in the 1975 Asprey Report.[4]After several false starts, the GST was finally introduced by the Howard-led Federal Coalition Government with effect on 1 July 2000.

The legislation was passed on 28 June 1999 as A New Tax System (Goods and Services Tax) Act 1999 and came to effect on 1 July 2000. Australia’s GST is based on the destination principle, and utilises the invoice credit method with both cash and accrual basis of accounting. It has a relative wide base (but has a number of zero rates for health and medical care, educational supplies and child care, food and beverages, and some others), a standard rate of 10 percent and a reasonably low registration threshold (currently annual turnover of A$75,000 or about R810,000). The Australian GST Act is quite massive in size.

• South Africa

South Africa first introduced a selective sales tax (upon mostly luxury goods) which was followed by a general sales tax (as it was called) in 1978 (Hanlon, 1986). Resulting from this VAT was introduced in the Republic of South Africa on 30 September 1991 (Botha, 2015: 1) and is largely based on New Zealand’s Goods and Services Tax (GST) Act (141/1985). Section 7 of the VAT Act which is the basic charging provision stipulates that supplies of goods and services by a vendor in the course or furtherance of an enterprise, as well as imported goods by any person, are taxable at 14 percent. Certain supplies of goods or services are also zero-rated (Section 11) or exempt (Section 1 and Section 12) from VAT.

• Comparison

It is apparent that Australia’s GST and South Africa’s VAT are highly similar in terms of registration threshold, tax base and tax rate. This is not surprising because they were both based on the New Zealand’s GST model. GST is a federal tax, the States (and Territories) in Australia not only receive the GST revenue in full but also play an important role in their ability to influence the GST base and rate, Also, the relative importance of the tax is higher in South Africa (26.5 percent) than in Australia (about 12 percent), reflecting South Africa’s wide base and higher rate, and the presence of State taxes in Australia.

2. GST/VAT Disputes
   • Australia

GST disputes may arise at any stage after the disagreement between the tax administrators and business taxpayers. In Australia GST disputes are classified into four broad categories:[5]

1. Complaints;
2. Objections to reviewable rulings;
3. Disputes as to facts or the application of GST legislation by a taxpayer as matters are being assessed (by the ATO); and
4. Objections to assessments (Commissioner Adjustments).

Generally ATO’s internal review (before the dispute is taken further) and the Administrative Appeals Tribunal (AAT), deals with the disputes apart from this the Federal Court of Australia (Federal Court) and ultimately the High Court of Australia (High Court) have jurisdiction to finalise substantive federal GST disputes.

• South Africa

Badenhorst (2016) indicated that the South African VAT legislation has a broad base with relative few exceptions and as a result the compliance to the VAT Act is relatively high. The study indicated that the VAT gap in South Africa is very low (approximately 6 percent) in comparison to international standards. Naturally there are tax agents who go around and do VAT reviews on a contingency basis, i.e. where there is a percentage fee on any savings they find. Considering the VAT court decisions of the past few years, there are no ‘schemes’ that were attacked. The cases mostly dealt with the interpretation and application of the VAT Act. There were of course a number of criminal cases where people were prosecuted for outright fraud.

[1] A Charlet and J Owens, “An international perspective on VAT” (2010) 59(12) Tax Notes International 943.

[2] Organisation for Economic Co-operation and Development (OECD), Consumption Tax Trends 2014 (OECD
Publishing, Paris) 18.

[3] See Charlet and Owens, n 1 at 944.

[4] Australian Commonwealth Taxation Review Committee, Full Report 31 January 1975 (Australian Government Publishing Service, Canberra, 1975) 35.

[5] Commissioner of Taxation, In Search of Solutions (Speech delivered at the Administrative Appeals Tribunal and the ACT Bar Association seminar, Canberra, 26 August 2009)

PRTEEK SINGH & FARHEEN ARSHAD

GLOCAL UNIVERSITY (GLOCAL LAW SCHOOL)

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The GST Bill was passed by the Lok Sabha in May 2015, but got stuck in the Rajya Sabha where BJP does not have a majority. The bill needs a nod from the two-thirds in both Houses of Parliament and will have to later ratified by 50 per cent of state legislatures.

The government had to address several concerns and agree to key amendments demanded from the opposing political parties on the key proposed provisions of the GST bill. One such amendment has been the scrapping of an additional one per cent tax, which was proposed earlier as a way to compensate states on any revenue losses. This would have resulted in a cascading tax and defeated the intent of a “destination-based” tax that is GST. The Modi government has also agreed to grant more powers to states for providing them full compensation for a period of five years, for revenue losses.

The opposition demand for the setting up of a dispute resolution mechanism as part of the GST council has also been agreed upon by the government.

What happens next?

However, with the impending passage of the GST Bill, the government will have to put up a mad scramble to put together all the mechanisms and state approvals in place to implement the GST by its rollout date of April 1, 2017.

Additionally, companies and tax collectors will have to be prepared on the necessary changes. Some companies may even have to overhaul their business processes to make way for the new tax change.

With agency inputs

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