handbook on gst compliances - icsiintroduction of goods and services tax (gst) in india is the ......
TRANSCRIPT
HANDBOOK ONGST
COMPLIANCES
August 2018
Price Rs 150- (Excluding postage)
copy THE INSTITUTE OF COMPANY SECRETARIES OF INDIA
All rights reserved No part of this book may be translated or copied in anyform or by any means without the prior written permission of The Instituteof Company Secretaries of India
Published by
THE INSTITUTE OF COMPANY SECRETARIES OF INDIAICSI House 22 Institutional Area Lodi RoadNew Delhi - 110 003
Phones 45341000 41504444 Fax 24626727E-mail infoicsiedu Website wwwicsiedu
Printed at Chandu Press100August 2018
(ii)
PREFACE
India has successfully completed one year of the largest andmost significant tax reform on July1 2018 Implementationof GST is truly a remarkable achievement for the entire nationand itrsquos a moment to feel proud of Countryrsquos achievement ofsuccessfully introducing a unified tax system which has doneaway with various taxes imposed by Centre and States andbringing the entire nation under the purview of ldquoOne NationOne Taxrdquo GST has brought a positive change in the Indianeconomy It has brought growth simplicity in procedures andtransparency
Honrsquoble Prime Minister Shri Narender Modi truly calls GST aldquovibrant example of cooperative federalismrdquo as in just one yearit has been evidently demonstrated that lsquoGST is a fitting tributeto the spirit of cooperative federalism as all decisions in all themeetings of GST Council taken by consensus GST binds Indiainto an Economic Union promotes lsquoMake in Indiarsquo conceptand has improved lsquoEase of Doing Businessrsquo
With a view to provide insight of various compliances requiredunder GST laws with respect to the registration issuance ofinvoices maintenance of accounts amp records filing of variousreturns assessment amp audit and generation of e-way bills theInstitute of Company Secretaries of India has brought this booktitled ldquoHandbook on GST Compliancesrdquo
I sincerely hope that this publication will serve as a ready reckonerfor the professionalsrsquo community in effective discharge of theirprofessional responsibilities under GST laws
I appreciate the efforts put in by Mr Deepak Kumar AssistantDirector for preparing the manuscript and Ms Alka Arora JointDirector for editing and value addition under the guidance and
(iii)
(iv)
supervision of CS Sonia Baijal Director ProfessionalDevelopment Perspective Planning amp Studies I would also liketo place on record my sincere gratitude to eminent tax expertsfor reviewing the manuscript and providing their valuable inputsin finalization of this publication
I welcome readers for their suggestionscomments for furtherrefinement of the publication
CS Makarand LelePresident
The Institute of Company Secretaries of India
Place New Delhi
Date August 16 2018
CONTENTS
Sr No Topic Page No
1 Introduction 1
2 Registration Compliances 5
3 Compliance related to Invoicesamp Other Documents 28
4 Accounts amp Records 45
5 Assessment amp Audit Compliances 54
6 Compliance related to GST Returns 69
7 E-Way Bill Compliances 80
(v)
GST is a comprehensive single indirect tax which is leviedconcurrently on goods and services across India It has replacedmost of the Central and State indirect taxes such as Central ExciseDuty Service Tax Central Sales Tax Additional Customs DutySpecial Additional Duty of Customs Value Added Tax (VAT)Entertainment Tax etc and as many as 13 cesses Beforeimplementation of Goods and Service Tax (GST) Indiantaxation system was a farrago of central state and local arealevies By subsuming more than a score of taxes under GST roadto a harmonized system of indirect tax has been paved makingIndia an economic union
GST is levied at every stage of the supply and distribution chainsby giving the benefit of Input Tax Credit (ITC) of the tax remittedat previous stages thereby allowing the seamless flow of creditIntroduction of Goods and Services Tax (GST) in India is themost ambitious initiative in the arena of indirect tax reform Ithas changed the Indian tax structure and paved the way formodernization of tax administration Mainly technologicallydriven from the registration process tax payment return filingto assessment generation of e-way bills etc all the compliancesare executed online through the common portal
As the entire mechanism of GST is based on InformationTechnology there is need of competent professionals with thecomprehensive working knowledge of GST compliances toeffectively discharge their professional responsibilities
Introduction
Handbook on GST Compliances2
This handbook is an attempt to compile the relevant provisionsrelated to GST compliances and present in a user friendlymanner This handbook is divided under 6 chapters coveringthe important aspects of GST Compliances viz Registration TaxInvoice Accounts amp Records Returns Filing Audit ampAssessment and E-way Bill Compliances which are explained indetail in respective chapters
Detailed Contents
1 Registration Compliances Persons liable for registrationpersons not liable for registration compulsory registrationin certain cases registration process amendment ofregistration cancellation of registration
2 Compliance related to invoices amp other documents Issuance oftax invoice HSN requirement on Invoice contents oftax invoice self invoice debit notecredit noterevised
GSTCompliances
E-way Bill
Registration
Invoice ampother
documents
ReturnsAccountsAudit amp
Assessment
Introduction 3
invoice bill of supply receipt voucher refund voucherpayment voucher tax invoice in special casestransportation of goods without issue of invoice taxinvoice or bill of supply to accompany transport of goods
3 Accounts amp Records Records at principal place of businessAccounts amp records required to be maintained byregistered persons maintenance of electronic recordsmaintenance of records by the warehousegodown ownerrecords to be maintained by transporters audit ofaccounts failure to maintain the accounts
4 Compliances related to GST Returns GST returnmechanisms types of returns GST returns calendar anoverview of GST return ITC matching and auto-reversal
5 Assessment amp Audit Compliances Self-AssessmentProvisional Assessment Scrutiny of Returns Assessmentof Non-Filers of Returns Assessment of UnregisteredPersons Audit by Tax Authorities Special Audit in GST
6 E-way Bill Compliances Introduction conditions forgeneration of e-way bill process of generation of e-waybill modes of generation of e-way bill when to generatee-way bill situations where furnishing the details in PartB of FORM GST EWB-01 is not mandatory Whereconsignor or consignee fails to generate e-way billconsolidated e-way bill by the transporter cancellationdeletion of e-way bill modification of e-way billacceptance rejection of e-way bill validity of e-way billgoods exempted from the requirement of e-way bill othercases where e-way bill is not required documents to becarried with conveyance inspection amp detention ofconveyance
Opportunities for Company Secretaries under GST
For better administration of new tax regime in the country it isimportant to have more competent and skilled professionals tofacilitate regulators to ensure effective compliance of GST The
Handbook on GST Compliances4
Company Secretaries are experts in interpreting laws and possessrequired skill-set to handle the regulatory compliances under GST
The Company Secretaries are rendering value added services tothe trade and industry and acting as extended arms of theregulatory mechanism There are ample opportunities availablefor Company Secretaries in GST regime viz compliancesadvisory consultancy tax planning etc as they are well versed inunderstanding the nuances of laws amp taxation system
The Company Secretaries can avail the opportunities availableunder GST and expand their areas of practice and benefit theprofession
Opporunitiesin GST
GST Practitioner
A CS final examination passedperson is eligible for enrolment as
GST Practitioner
Authorised Representative
A CS is entitled is entitled to appearbefore an officer or Appellate
Authority in connection with anyproceeding under GST Laws
Other Opportunities
- Training amp development- Tax planning
- Maintenance of GST records- Imapact analysis
GST Advisor
CS can provide guidance andadvisory to the business entities tointerpretet GST laws and assist in
effectively discharging variouscompliances under GST
PERSONS LIABLE FOR REGISTRATION
General Rule ndash Every supplier liable for registration in the Stateor Union territory from where he makes taxable supply if hisaggregate turnover in a financial year exceeds Rs 20 lakhs (Rs10 lakhs in the specified States of Assam Arunachal PradeshJampK Himachal Pradesh Uttarakhand Manipur MizoramSikkim Meghalaya Nagaland or Tripura) (Sec 22 (1) of CGSTAct 2017)
Amendments proposed in 28th meeting of GST Council Thethreshold exemption limit for registration in the States ofAssam Arunachal Pradesh Himachal PradeshMeghalaya Sikkim and Uttarakhand to be increased to Rs20 Lakhs from Rs 10 Lakhs
Aggregate turnover means all taxable supplies exempted suppliesexport supplies on a same PAN to be computed on all India basisincluding the supplies made on behalf of all his principals butexcluding GST
Other Cases
(i) Every person who on the appointed day was registered orhold a license under any previous law shall be required toregister under GST laws
(ii) Where a business is transferred whether on account ofsuccession or otherwise to another person as a going
RegistrationCompliances
5
Handbook on GST Compliances6
concern the transferee or the successor as the case maybe shall be liable to be registered with effect from the dateof such transfer or succession
(iii) In a case of transfer pursuant to sanction of a scheme oran arrangement for amalgamation or as the case may bedemerger of two or more companies pursuant to an orderof a High Court Tribunal or otherwise the transfereeshall be liable to be registered with effect from the date onwhich the Registrar of Companies issues a certificate ofincorporation giving effect to such order of the High Courtor Tribunal
PERSONS NOT LIABLE FOR REGISTRATION
bull The following person shall not be liable to registration(Sec 23 (1) of CGST Act 2017) ndash
mdash Any person engaged exclusively in the business ofsupplying goods or services or both that are not liableto tax or wholly exempt from tax
mdash An agriculturist to the extent of supply of produceout of cultivation of land
bull Exempted through Notification (Sec 23 (2) of CGST Act2017) ndash
mdash Notification No 52017-Central Tax ndash If Supplies are underReverse Charge
The persons who are only engaged in making suppliesof taxable goods or services or both the total tax onwhich is liable to be paid on reverse charge basis bythe recipient of such goods or services or both
mdash Notification No 322017-Central Tax - Casual taxablepersons making taxable supplies of Handicraft Goods
Casual taxable persons making taxable supplies ofhandicraft goods are exempted from obtaining theregistration subject to the following conditions ndash
(i) Aggregate value of such supplies does not exceed
Registration Compliances 7
Rs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in afinancial year on All India basis
(ii) Casual taxable person shall obtain PermanentAccount Number (PAN) and generate e-way billin accordance with the provisions of Rule 138 ofCGST Rules 2017
(iii) Exemption is available to such persons who aremaking inter-State taxable supplies of HandicraftGoods and are availing the benefits of NotificationNo 82017 of IGST
mdash Notification No 72017-Integrated Taxndash Job Workersengaged in making inter-State supply
Job Workers engaged in making inter-State supply ofservices to a registered person are exempted fromobtaining registration
The exemption shall not apply to ndash
(i) Job worker who is liable to be registered undersection 22(1) or who opts to take voluntaryregistration under section 25(3) of CGST Act2017
(ii) Job worker involved in making supply of servicesin relation to Jewellery goldsmithsrsquo andsilversmithsrsquo wares and other articles
mdash Notification No 102017-Integrated Tax ndash Inter Statesupplies of taxable services upto Rs 20 lakhs (Rs 10lakhs in special category States other than the State ofJammu amp Kashmir)
Persons making inter-State supplies of taxable services uptoRs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in a financialyear shall be exempted from obtaining registration
Handbook on GST Compliances8
mdash Notification No 652017 ndash Central Tax ndash Persons makingsupplies of services other than supplies specified us9(5) of the CGST Act2017 through an electroniccommerce operator who is required to collect tax atsource us 52 of the said Act and having an aggregateturnover to be computed on all India basis notexceeding an amount of twenty lakh rupees in afinancial year shall be exempted from obtainingregistration under the said Act Provided that theaggregate value of such supplies to be computed onall India basis should not exceed an amount of tenlakh rupees in case of ldquospecial category Statesrdquo asspecified in article 279A(4)(g) of the Constitutionother than the State of Jammu and Kashmir
COMPULSORY REGISTRATION IN CERTAIN CASES
Following persons shall be required to be registered under GSTirrespective of Turnover exemption of Rs 20 lakhs or Rs 10lakhs as the case may be
(i) persons making any inter-State taxable supply [Subjectto Notification no 102017 ndashIntegrated Tax]
(ii) casual taxable persons making taxable supply
(iii) persons who are required to pay tax under reverse charge
(iv) person who are required to pay tax under sub-section (5)of section 9
(v) non-resident taxable persons making taxable supply
(vi) persons who are required to deduct tax under section 51whether or not separately registered under this Act
(vii) persons who make taxable supply of goods or services orboth on behalf of other taxable persons whether as anagent or otherwise
(viii) Input Service Distributor whether or not separatelyregistered under this Act
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
August 2018
Price Rs 150- (Excluding postage)
copy THE INSTITUTE OF COMPANY SECRETARIES OF INDIA
All rights reserved No part of this book may be translated or copied in anyform or by any means without the prior written permission of The Instituteof Company Secretaries of India
Published by
THE INSTITUTE OF COMPANY SECRETARIES OF INDIAICSI House 22 Institutional Area Lodi RoadNew Delhi - 110 003
Phones 45341000 41504444 Fax 24626727E-mail infoicsiedu Website wwwicsiedu
Printed at Chandu Press100August 2018
(ii)
PREFACE
India has successfully completed one year of the largest andmost significant tax reform on July1 2018 Implementationof GST is truly a remarkable achievement for the entire nationand itrsquos a moment to feel proud of Countryrsquos achievement ofsuccessfully introducing a unified tax system which has doneaway with various taxes imposed by Centre and States andbringing the entire nation under the purview of ldquoOne NationOne Taxrdquo GST has brought a positive change in the Indianeconomy It has brought growth simplicity in procedures andtransparency
Honrsquoble Prime Minister Shri Narender Modi truly calls GST aldquovibrant example of cooperative federalismrdquo as in just one yearit has been evidently demonstrated that lsquoGST is a fitting tributeto the spirit of cooperative federalism as all decisions in all themeetings of GST Council taken by consensus GST binds Indiainto an Economic Union promotes lsquoMake in Indiarsquo conceptand has improved lsquoEase of Doing Businessrsquo
With a view to provide insight of various compliances requiredunder GST laws with respect to the registration issuance ofinvoices maintenance of accounts amp records filing of variousreturns assessment amp audit and generation of e-way bills theInstitute of Company Secretaries of India has brought this booktitled ldquoHandbook on GST Compliancesrdquo
I sincerely hope that this publication will serve as a ready reckonerfor the professionalsrsquo community in effective discharge of theirprofessional responsibilities under GST laws
I appreciate the efforts put in by Mr Deepak Kumar AssistantDirector for preparing the manuscript and Ms Alka Arora JointDirector for editing and value addition under the guidance and
(iii)
(iv)
supervision of CS Sonia Baijal Director ProfessionalDevelopment Perspective Planning amp Studies I would also liketo place on record my sincere gratitude to eminent tax expertsfor reviewing the manuscript and providing their valuable inputsin finalization of this publication
I welcome readers for their suggestionscomments for furtherrefinement of the publication
CS Makarand LelePresident
The Institute of Company Secretaries of India
Place New Delhi
Date August 16 2018
CONTENTS
Sr No Topic Page No
1 Introduction 1
2 Registration Compliances 5
3 Compliance related to Invoicesamp Other Documents 28
4 Accounts amp Records 45
5 Assessment amp Audit Compliances 54
6 Compliance related to GST Returns 69
7 E-Way Bill Compliances 80
(v)
GST is a comprehensive single indirect tax which is leviedconcurrently on goods and services across India It has replacedmost of the Central and State indirect taxes such as Central ExciseDuty Service Tax Central Sales Tax Additional Customs DutySpecial Additional Duty of Customs Value Added Tax (VAT)Entertainment Tax etc and as many as 13 cesses Beforeimplementation of Goods and Service Tax (GST) Indiantaxation system was a farrago of central state and local arealevies By subsuming more than a score of taxes under GST roadto a harmonized system of indirect tax has been paved makingIndia an economic union
GST is levied at every stage of the supply and distribution chainsby giving the benefit of Input Tax Credit (ITC) of the tax remittedat previous stages thereby allowing the seamless flow of creditIntroduction of Goods and Services Tax (GST) in India is themost ambitious initiative in the arena of indirect tax reform Ithas changed the Indian tax structure and paved the way formodernization of tax administration Mainly technologicallydriven from the registration process tax payment return filingto assessment generation of e-way bills etc all the compliancesare executed online through the common portal
As the entire mechanism of GST is based on InformationTechnology there is need of competent professionals with thecomprehensive working knowledge of GST compliances toeffectively discharge their professional responsibilities
Introduction
Handbook on GST Compliances2
This handbook is an attempt to compile the relevant provisionsrelated to GST compliances and present in a user friendlymanner This handbook is divided under 6 chapters coveringthe important aspects of GST Compliances viz Registration TaxInvoice Accounts amp Records Returns Filing Audit ampAssessment and E-way Bill Compliances which are explained indetail in respective chapters
Detailed Contents
1 Registration Compliances Persons liable for registrationpersons not liable for registration compulsory registrationin certain cases registration process amendment ofregistration cancellation of registration
2 Compliance related to invoices amp other documents Issuance oftax invoice HSN requirement on Invoice contents oftax invoice self invoice debit notecredit noterevised
GSTCompliances
E-way Bill
Registration
Invoice ampother
documents
ReturnsAccountsAudit amp
Assessment
Introduction 3
invoice bill of supply receipt voucher refund voucherpayment voucher tax invoice in special casestransportation of goods without issue of invoice taxinvoice or bill of supply to accompany transport of goods
3 Accounts amp Records Records at principal place of businessAccounts amp records required to be maintained byregistered persons maintenance of electronic recordsmaintenance of records by the warehousegodown ownerrecords to be maintained by transporters audit ofaccounts failure to maintain the accounts
4 Compliances related to GST Returns GST returnmechanisms types of returns GST returns calendar anoverview of GST return ITC matching and auto-reversal
5 Assessment amp Audit Compliances Self-AssessmentProvisional Assessment Scrutiny of Returns Assessmentof Non-Filers of Returns Assessment of UnregisteredPersons Audit by Tax Authorities Special Audit in GST
6 E-way Bill Compliances Introduction conditions forgeneration of e-way bill process of generation of e-waybill modes of generation of e-way bill when to generatee-way bill situations where furnishing the details in PartB of FORM GST EWB-01 is not mandatory Whereconsignor or consignee fails to generate e-way billconsolidated e-way bill by the transporter cancellationdeletion of e-way bill modification of e-way billacceptance rejection of e-way bill validity of e-way billgoods exempted from the requirement of e-way bill othercases where e-way bill is not required documents to becarried with conveyance inspection amp detention ofconveyance
Opportunities for Company Secretaries under GST
For better administration of new tax regime in the country it isimportant to have more competent and skilled professionals tofacilitate regulators to ensure effective compliance of GST The
Handbook on GST Compliances4
Company Secretaries are experts in interpreting laws and possessrequired skill-set to handle the regulatory compliances under GST
The Company Secretaries are rendering value added services tothe trade and industry and acting as extended arms of theregulatory mechanism There are ample opportunities availablefor Company Secretaries in GST regime viz compliancesadvisory consultancy tax planning etc as they are well versed inunderstanding the nuances of laws amp taxation system
The Company Secretaries can avail the opportunities availableunder GST and expand their areas of practice and benefit theprofession
Opporunitiesin GST
GST Practitioner
A CS final examination passedperson is eligible for enrolment as
GST Practitioner
Authorised Representative
A CS is entitled is entitled to appearbefore an officer or Appellate
Authority in connection with anyproceeding under GST Laws
Other Opportunities
- Training amp development- Tax planning
- Maintenance of GST records- Imapact analysis
GST Advisor
CS can provide guidance andadvisory to the business entities tointerpretet GST laws and assist in
effectively discharging variouscompliances under GST
PERSONS LIABLE FOR REGISTRATION
General Rule ndash Every supplier liable for registration in the Stateor Union territory from where he makes taxable supply if hisaggregate turnover in a financial year exceeds Rs 20 lakhs (Rs10 lakhs in the specified States of Assam Arunachal PradeshJampK Himachal Pradesh Uttarakhand Manipur MizoramSikkim Meghalaya Nagaland or Tripura) (Sec 22 (1) of CGSTAct 2017)
Amendments proposed in 28th meeting of GST Council Thethreshold exemption limit for registration in the States ofAssam Arunachal Pradesh Himachal PradeshMeghalaya Sikkim and Uttarakhand to be increased to Rs20 Lakhs from Rs 10 Lakhs
Aggregate turnover means all taxable supplies exempted suppliesexport supplies on a same PAN to be computed on all India basisincluding the supplies made on behalf of all his principals butexcluding GST
Other Cases
(i) Every person who on the appointed day was registered orhold a license under any previous law shall be required toregister under GST laws
(ii) Where a business is transferred whether on account ofsuccession or otherwise to another person as a going
RegistrationCompliances
5
Handbook on GST Compliances6
concern the transferee or the successor as the case maybe shall be liable to be registered with effect from the dateof such transfer or succession
(iii) In a case of transfer pursuant to sanction of a scheme oran arrangement for amalgamation or as the case may bedemerger of two or more companies pursuant to an orderof a High Court Tribunal or otherwise the transfereeshall be liable to be registered with effect from the date onwhich the Registrar of Companies issues a certificate ofincorporation giving effect to such order of the High Courtor Tribunal
PERSONS NOT LIABLE FOR REGISTRATION
bull The following person shall not be liable to registration(Sec 23 (1) of CGST Act 2017) ndash
mdash Any person engaged exclusively in the business ofsupplying goods or services or both that are not liableto tax or wholly exempt from tax
mdash An agriculturist to the extent of supply of produceout of cultivation of land
bull Exempted through Notification (Sec 23 (2) of CGST Act2017) ndash
mdash Notification No 52017-Central Tax ndash If Supplies are underReverse Charge
The persons who are only engaged in making suppliesof taxable goods or services or both the total tax onwhich is liable to be paid on reverse charge basis bythe recipient of such goods or services or both
mdash Notification No 322017-Central Tax - Casual taxablepersons making taxable supplies of Handicraft Goods
Casual taxable persons making taxable supplies ofhandicraft goods are exempted from obtaining theregistration subject to the following conditions ndash
(i) Aggregate value of such supplies does not exceed
Registration Compliances 7
Rs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in afinancial year on All India basis
(ii) Casual taxable person shall obtain PermanentAccount Number (PAN) and generate e-way billin accordance with the provisions of Rule 138 ofCGST Rules 2017
(iii) Exemption is available to such persons who aremaking inter-State taxable supplies of HandicraftGoods and are availing the benefits of NotificationNo 82017 of IGST
mdash Notification No 72017-Integrated Taxndash Job Workersengaged in making inter-State supply
Job Workers engaged in making inter-State supply ofservices to a registered person are exempted fromobtaining registration
The exemption shall not apply to ndash
(i) Job worker who is liable to be registered undersection 22(1) or who opts to take voluntaryregistration under section 25(3) of CGST Act2017
(ii) Job worker involved in making supply of servicesin relation to Jewellery goldsmithsrsquo andsilversmithsrsquo wares and other articles
mdash Notification No 102017-Integrated Tax ndash Inter Statesupplies of taxable services upto Rs 20 lakhs (Rs 10lakhs in special category States other than the State ofJammu amp Kashmir)
Persons making inter-State supplies of taxable services uptoRs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in a financialyear shall be exempted from obtaining registration
Handbook on GST Compliances8
mdash Notification No 652017 ndash Central Tax ndash Persons makingsupplies of services other than supplies specified us9(5) of the CGST Act2017 through an electroniccommerce operator who is required to collect tax atsource us 52 of the said Act and having an aggregateturnover to be computed on all India basis notexceeding an amount of twenty lakh rupees in afinancial year shall be exempted from obtainingregistration under the said Act Provided that theaggregate value of such supplies to be computed onall India basis should not exceed an amount of tenlakh rupees in case of ldquospecial category Statesrdquo asspecified in article 279A(4)(g) of the Constitutionother than the State of Jammu and Kashmir
COMPULSORY REGISTRATION IN CERTAIN CASES
Following persons shall be required to be registered under GSTirrespective of Turnover exemption of Rs 20 lakhs or Rs 10lakhs as the case may be
(i) persons making any inter-State taxable supply [Subjectto Notification no 102017 ndashIntegrated Tax]
(ii) casual taxable persons making taxable supply
(iii) persons who are required to pay tax under reverse charge
(iv) person who are required to pay tax under sub-section (5)of section 9
(v) non-resident taxable persons making taxable supply
(vi) persons who are required to deduct tax under section 51whether or not separately registered under this Act
(vii) persons who make taxable supply of goods or services orboth on behalf of other taxable persons whether as anagent or otherwise
(viii) Input Service Distributor whether or not separatelyregistered under this Act
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
PREFACE
India has successfully completed one year of the largest andmost significant tax reform on July1 2018 Implementationof GST is truly a remarkable achievement for the entire nationand itrsquos a moment to feel proud of Countryrsquos achievement ofsuccessfully introducing a unified tax system which has doneaway with various taxes imposed by Centre and States andbringing the entire nation under the purview of ldquoOne NationOne Taxrdquo GST has brought a positive change in the Indianeconomy It has brought growth simplicity in procedures andtransparency
Honrsquoble Prime Minister Shri Narender Modi truly calls GST aldquovibrant example of cooperative federalismrdquo as in just one yearit has been evidently demonstrated that lsquoGST is a fitting tributeto the spirit of cooperative federalism as all decisions in all themeetings of GST Council taken by consensus GST binds Indiainto an Economic Union promotes lsquoMake in Indiarsquo conceptand has improved lsquoEase of Doing Businessrsquo
With a view to provide insight of various compliances requiredunder GST laws with respect to the registration issuance ofinvoices maintenance of accounts amp records filing of variousreturns assessment amp audit and generation of e-way bills theInstitute of Company Secretaries of India has brought this booktitled ldquoHandbook on GST Compliancesrdquo
I sincerely hope that this publication will serve as a ready reckonerfor the professionalsrsquo community in effective discharge of theirprofessional responsibilities under GST laws
I appreciate the efforts put in by Mr Deepak Kumar AssistantDirector for preparing the manuscript and Ms Alka Arora JointDirector for editing and value addition under the guidance and
(iii)
(iv)
supervision of CS Sonia Baijal Director ProfessionalDevelopment Perspective Planning amp Studies I would also liketo place on record my sincere gratitude to eminent tax expertsfor reviewing the manuscript and providing their valuable inputsin finalization of this publication
I welcome readers for their suggestionscomments for furtherrefinement of the publication
CS Makarand LelePresident
The Institute of Company Secretaries of India
Place New Delhi
Date August 16 2018
CONTENTS
Sr No Topic Page No
1 Introduction 1
2 Registration Compliances 5
3 Compliance related to Invoicesamp Other Documents 28
4 Accounts amp Records 45
5 Assessment amp Audit Compliances 54
6 Compliance related to GST Returns 69
7 E-Way Bill Compliances 80
(v)
GST is a comprehensive single indirect tax which is leviedconcurrently on goods and services across India It has replacedmost of the Central and State indirect taxes such as Central ExciseDuty Service Tax Central Sales Tax Additional Customs DutySpecial Additional Duty of Customs Value Added Tax (VAT)Entertainment Tax etc and as many as 13 cesses Beforeimplementation of Goods and Service Tax (GST) Indiantaxation system was a farrago of central state and local arealevies By subsuming more than a score of taxes under GST roadto a harmonized system of indirect tax has been paved makingIndia an economic union
GST is levied at every stage of the supply and distribution chainsby giving the benefit of Input Tax Credit (ITC) of the tax remittedat previous stages thereby allowing the seamless flow of creditIntroduction of Goods and Services Tax (GST) in India is themost ambitious initiative in the arena of indirect tax reform Ithas changed the Indian tax structure and paved the way formodernization of tax administration Mainly technologicallydriven from the registration process tax payment return filingto assessment generation of e-way bills etc all the compliancesare executed online through the common portal
As the entire mechanism of GST is based on InformationTechnology there is need of competent professionals with thecomprehensive working knowledge of GST compliances toeffectively discharge their professional responsibilities
Introduction
Handbook on GST Compliances2
This handbook is an attempt to compile the relevant provisionsrelated to GST compliances and present in a user friendlymanner This handbook is divided under 6 chapters coveringthe important aspects of GST Compliances viz Registration TaxInvoice Accounts amp Records Returns Filing Audit ampAssessment and E-way Bill Compliances which are explained indetail in respective chapters
Detailed Contents
1 Registration Compliances Persons liable for registrationpersons not liable for registration compulsory registrationin certain cases registration process amendment ofregistration cancellation of registration
2 Compliance related to invoices amp other documents Issuance oftax invoice HSN requirement on Invoice contents oftax invoice self invoice debit notecredit noterevised
GSTCompliances
E-way Bill
Registration
Invoice ampother
documents
ReturnsAccountsAudit amp
Assessment
Introduction 3
invoice bill of supply receipt voucher refund voucherpayment voucher tax invoice in special casestransportation of goods without issue of invoice taxinvoice or bill of supply to accompany transport of goods
3 Accounts amp Records Records at principal place of businessAccounts amp records required to be maintained byregistered persons maintenance of electronic recordsmaintenance of records by the warehousegodown ownerrecords to be maintained by transporters audit ofaccounts failure to maintain the accounts
4 Compliances related to GST Returns GST returnmechanisms types of returns GST returns calendar anoverview of GST return ITC matching and auto-reversal
5 Assessment amp Audit Compliances Self-AssessmentProvisional Assessment Scrutiny of Returns Assessmentof Non-Filers of Returns Assessment of UnregisteredPersons Audit by Tax Authorities Special Audit in GST
6 E-way Bill Compliances Introduction conditions forgeneration of e-way bill process of generation of e-waybill modes of generation of e-way bill when to generatee-way bill situations where furnishing the details in PartB of FORM GST EWB-01 is not mandatory Whereconsignor or consignee fails to generate e-way billconsolidated e-way bill by the transporter cancellationdeletion of e-way bill modification of e-way billacceptance rejection of e-way bill validity of e-way billgoods exempted from the requirement of e-way bill othercases where e-way bill is not required documents to becarried with conveyance inspection amp detention ofconveyance
Opportunities for Company Secretaries under GST
For better administration of new tax regime in the country it isimportant to have more competent and skilled professionals tofacilitate regulators to ensure effective compliance of GST The
Handbook on GST Compliances4
Company Secretaries are experts in interpreting laws and possessrequired skill-set to handle the regulatory compliances under GST
The Company Secretaries are rendering value added services tothe trade and industry and acting as extended arms of theregulatory mechanism There are ample opportunities availablefor Company Secretaries in GST regime viz compliancesadvisory consultancy tax planning etc as they are well versed inunderstanding the nuances of laws amp taxation system
The Company Secretaries can avail the opportunities availableunder GST and expand their areas of practice and benefit theprofession
Opporunitiesin GST
GST Practitioner
A CS final examination passedperson is eligible for enrolment as
GST Practitioner
Authorised Representative
A CS is entitled is entitled to appearbefore an officer or Appellate
Authority in connection with anyproceeding under GST Laws
Other Opportunities
- Training amp development- Tax planning
- Maintenance of GST records- Imapact analysis
GST Advisor
CS can provide guidance andadvisory to the business entities tointerpretet GST laws and assist in
effectively discharging variouscompliances under GST
PERSONS LIABLE FOR REGISTRATION
General Rule ndash Every supplier liable for registration in the Stateor Union territory from where he makes taxable supply if hisaggregate turnover in a financial year exceeds Rs 20 lakhs (Rs10 lakhs in the specified States of Assam Arunachal PradeshJampK Himachal Pradesh Uttarakhand Manipur MizoramSikkim Meghalaya Nagaland or Tripura) (Sec 22 (1) of CGSTAct 2017)
Amendments proposed in 28th meeting of GST Council Thethreshold exemption limit for registration in the States ofAssam Arunachal Pradesh Himachal PradeshMeghalaya Sikkim and Uttarakhand to be increased to Rs20 Lakhs from Rs 10 Lakhs
Aggregate turnover means all taxable supplies exempted suppliesexport supplies on a same PAN to be computed on all India basisincluding the supplies made on behalf of all his principals butexcluding GST
Other Cases
(i) Every person who on the appointed day was registered orhold a license under any previous law shall be required toregister under GST laws
(ii) Where a business is transferred whether on account ofsuccession or otherwise to another person as a going
RegistrationCompliances
5
Handbook on GST Compliances6
concern the transferee or the successor as the case maybe shall be liable to be registered with effect from the dateof such transfer or succession
(iii) In a case of transfer pursuant to sanction of a scheme oran arrangement for amalgamation or as the case may bedemerger of two or more companies pursuant to an orderof a High Court Tribunal or otherwise the transfereeshall be liable to be registered with effect from the date onwhich the Registrar of Companies issues a certificate ofincorporation giving effect to such order of the High Courtor Tribunal
PERSONS NOT LIABLE FOR REGISTRATION
bull The following person shall not be liable to registration(Sec 23 (1) of CGST Act 2017) ndash
mdash Any person engaged exclusively in the business ofsupplying goods or services or both that are not liableto tax or wholly exempt from tax
mdash An agriculturist to the extent of supply of produceout of cultivation of land
bull Exempted through Notification (Sec 23 (2) of CGST Act2017) ndash
mdash Notification No 52017-Central Tax ndash If Supplies are underReverse Charge
The persons who are only engaged in making suppliesof taxable goods or services or both the total tax onwhich is liable to be paid on reverse charge basis bythe recipient of such goods or services or both
mdash Notification No 322017-Central Tax - Casual taxablepersons making taxable supplies of Handicraft Goods
Casual taxable persons making taxable supplies ofhandicraft goods are exempted from obtaining theregistration subject to the following conditions ndash
(i) Aggregate value of such supplies does not exceed
Registration Compliances 7
Rs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in afinancial year on All India basis
(ii) Casual taxable person shall obtain PermanentAccount Number (PAN) and generate e-way billin accordance with the provisions of Rule 138 ofCGST Rules 2017
(iii) Exemption is available to such persons who aremaking inter-State taxable supplies of HandicraftGoods and are availing the benefits of NotificationNo 82017 of IGST
mdash Notification No 72017-Integrated Taxndash Job Workersengaged in making inter-State supply
Job Workers engaged in making inter-State supply ofservices to a registered person are exempted fromobtaining registration
The exemption shall not apply to ndash
(i) Job worker who is liable to be registered undersection 22(1) or who opts to take voluntaryregistration under section 25(3) of CGST Act2017
(ii) Job worker involved in making supply of servicesin relation to Jewellery goldsmithsrsquo andsilversmithsrsquo wares and other articles
mdash Notification No 102017-Integrated Tax ndash Inter Statesupplies of taxable services upto Rs 20 lakhs (Rs 10lakhs in special category States other than the State ofJammu amp Kashmir)
Persons making inter-State supplies of taxable services uptoRs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in a financialyear shall be exempted from obtaining registration
Handbook on GST Compliances8
mdash Notification No 652017 ndash Central Tax ndash Persons makingsupplies of services other than supplies specified us9(5) of the CGST Act2017 through an electroniccommerce operator who is required to collect tax atsource us 52 of the said Act and having an aggregateturnover to be computed on all India basis notexceeding an amount of twenty lakh rupees in afinancial year shall be exempted from obtainingregistration under the said Act Provided that theaggregate value of such supplies to be computed onall India basis should not exceed an amount of tenlakh rupees in case of ldquospecial category Statesrdquo asspecified in article 279A(4)(g) of the Constitutionother than the State of Jammu and Kashmir
COMPULSORY REGISTRATION IN CERTAIN CASES
Following persons shall be required to be registered under GSTirrespective of Turnover exemption of Rs 20 lakhs or Rs 10lakhs as the case may be
(i) persons making any inter-State taxable supply [Subjectto Notification no 102017 ndashIntegrated Tax]
(ii) casual taxable persons making taxable supply
(iii) persons who are required to pay tax under reverse charge
(iv) person who are required to pay tax under sub-section (5)of section 9
(v) non-resident taxable persons making taxable supply
(vi) persons who are required to deduct tax under section 51whether or not separately registered under this Act
(vii) persons who make taxable supply of goods or services orboth on behalf of other taxable persons whether as anagent or otherwise
(viii) Input Service Distributor whether or not separatelyregistered under this Act
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
(iv)
supervision of CS Sonia Baijal Director ProfessionalDevelopment Perspective Planning amp Studies I would also liketo place on record my sincere gratitude to eminent tax expertsfor reviewing the manuscript and providing their valuable inputsin finalization of this publication
I welcome readers for their suggestionscomments for furtherrefinement of the publication
CS Makarand LelePresident
The Institute of Company Secretaries of India
Place New Delhi
Date August 16 2018
CONTENTS
Sr No Topic Page No
1 Introduction 1
2 Registration Compliances 5
3 Compliance related to Invoicesamp Other Documents 28
4 Accounts amp Records 45
5 Assessment amp Audit Compliances 54
6 Compliance related to GST Returns 69
7 E-Way Bill Compliances 80
(v)
GST is a comprehensive single indirect tax which is leviedconcurrently on goods and services across India It has replacedmost of the Central and State indirect taxes such as Central ExciseDuty Service Tax Central Sales Tax Additional Customs DutySpecial Additional Duty of Customs Value Added Tax (VAT)Entertainment Tax etc and as many as 13 cesses Beforeimplementation of Goods and Service Tax (GST) Indiantaxation system was a farrago of central state and local arealevies By subsuming more than a score of taxes under GST roadto a harmonized system of indirect tax has been paved makingIndia an economic union
GST is levied at every stage of the supply and distribution chainsby giving the benefit of Input Tax Credit (ITC) of the tax remittedat previous stages thereby allowing the seamless flow of creditIntroduction of Goods and Services Tax (GST) in India is themost ambitious initiative in the arena of indirect tax reform Ithas changed the Indian tax structure and paved the way formodernization of tax administration Mainly technologicallydriven from the registration process tax payment return filingto assessment generation of e-way bills etc all the compliancesare executed online through the common portal
As the entire mechanism of GST is based on InformationTechnology there is need of competent professionals with thecomprehensive working knowledge of GST compliances toeffectively discharge their professional responsibilities
Introduction
Handbook on GST Compliances2
This handbook is an attempt to compile the relevant provisionsrelated to GST compliances and present in a user friendlymanner This handbook is divided under 6 chapters coveringthe important aspects of GST Compliances viz Registration TaxInvoice Accounts amp Records Returns Filing Audit ampAssessment and E-way Bill Compliances which are explained indetail in respective chapters
Detailed Contents
1 Registration Compliances Persons liable for registrationpersons not liable for registration compulsory registrationin certain cases registration process amendment ofregistration cancellation of registration
2 Compliance related to invoices amp other documents Issuance oftax invoice HSN requirement on Invoice contents oftax invoice self invoice debit notecredit noterevised
GSTCompliances
E-way Bill
Registration
Invoice ampother
documents
ReturnsAccountsAudit amp
Assessment
Introduction 3
invoice bill of supply receipt voucher refund voucherpayment voucher tax invoice in special casestransportation of goods without issue of invoice taxinvoice or bill of supply to accompany transport of goods
3 Accounts amp Records Records at principal place of businessAccounts amp records required to be maintained byregistered persons maintenance of electronic recordsmaintenance of records by the warehousegodown ownerrecords to be maintained by transporters audit ofaccounts failure to maintain the accounts
4 Compliances related to GST Returns GST returnmechanisms types of returns GST returns calendar anoverview of GST return ITC matching and auto-reversal
5 Assessment amp Audit Compliances Self-AssessmentProvisional Assessment Scrutiny of Returns Assessmentof Non-Filers of Returns Assessment of UnregisteredPersons Audit by Tax Authorities Special Audit in GST
6 E-way Bill Compliances Introduction conditions forgeneration of e-way bill process of generation of e-waybill modes of generation of e-way bill when to generatee-way bill situations where furnishing the details in PartB of FORM GST EWB-01 is not mandatory Whereconsignor or consignee fails to generate e-way billconsolidated e-way bill by the transporter cancellationdeletion of e-way bill modification of e-way billacceptance rejection of e-way bill validity of e-way billgoods exempted from the requirement of e-way bill othercases where e-way bill is not required documents to becarried with conveyance inspection amp detention ofconveyance
Opportunities for Company Secretaries under GST
For better administration of new tax regime in the country it isimportant to have more competent and skilled professionals tofacilitate regulators to ensure effective compliance of GST The
Handbook on GST Compliances4
Company Secretaries are experts in interpreting laws and possessrequired skill-set to handle the regulatory compliances under GST
The Company Secretaries are rendering value added services tothe trade and industry and acting as extended arms of theregulatory mechanism There are ample opportunities availablefor Company Secretaries in GST regime viz compliancesadvisory consultancy tax planning etc as they are well versed inunderstanding the nuances of laws amp taxation system
The Company Secretaries can avail the opportunities availableunder GST and expand their areas of practice and benefit theprofession
Opporunitiesin GST
GST Practitioner
A CS final examination passedperson is eligible for enrolment as
GST Practitioner
Authorised Representative
A CS is entitled is entitled to appearbefore an officer or Appellate
Authority in connection with anyproceeding under GST Laws
Other Opportunities
- Training amp development- Tax planning
- Maintenance of GST records- Imapact analysis
GST Advisor
CS can provide guidance andadvisory to the business entities tointerpretet GST laws and assist in
effectively discharging variouscompliances under GST
PERSONS LIABLE FOR REGISTRATION
General Rule ndash Every supplier liable for registration in the Stateor Union territory from where he makes taxable supply if hisaggregate turnover in a financial year exceeds Rs 20 lakhs (Rs10 lakhs in the specified States of Assam Arunachal PradeshJampK Himachal Pradesh Uttarakhand Manipur MizoramSikkim Meghalaya Nagaland or Tripura) (Sec 22 (1) of CGSTAct 2017)
Amendments proposed in 28th meeting of GST Council Thethreshold exemption limit for registration in the States ofAssam Arunachal Pradesh Himachal PradeshMeghalaya Sikkim and Uttarakhand to be increased to Rs20 Lakhs from Rs 10 Lakhs
Aggregate turnover means all taxable supplies exempted suppliesexport supplies on a same PAN to be computed on all India basisincluding the supplies made on behalf of all his principals butexcluding GST
Other Cases
(i) Every person who on the appointed day was registered orhold a license under any previous law shall be required toregister under GST laws
(ii) Where a business is transferred whether on account ofsuccession or otherwise to another person as a going
RegistrationCompliances
5
Handbook on GST Compliances6
concern the transferee or the successor as the case maybe shall be liable to be registered with effect from the dateof such transfer or succession
(iii) In a case of transfer pursuant to sanction of a scheme oran arrangement for amalgamation or as the case may bedemerger of two or more companies pursuant to an orderof a High Court Tribunal or otherwise the transfereeshall be liable to be registered with effect from the date onwhich the Registrar of Companies issues a certificate ofincorporation giving effect to such order of the High Courtor Tribunal
PERSONS NOT LIABLE FOR REGISTRATION
bull The following person shall not be liable to registration(Sec 23 (1) of CGST Act 2017) ndash
mdash Any person engaged exclusively in the business ofsupplying goods or services or both that are not liableto tax or wholly exempt from tax
mdash An agriculturist to the extent of supply of produceout of cultivation of land
bull Exempted through Notification (Sec 23 (2) of CGST Act2017) ndash
mdash Notification No 52017-Central Tax ndash If Supplies are underReverse Charge
The persons who are only engaged in making suppliesof taxable goods or services or both the total tax onwhich is liable to be paid on reverse charge basis bythe recipient of such goods or services or both
mdash Notification No 322017-Central Tax - Casual taxablepersons making taxable supplies of Handicraft Goods
Casual taxable persons making taxable supplies ofhandicraft goods are exempted from obtaining theregistration subject to the following conditions ndash
(i) Aggregate value of such supplies does not exceed
Registration Compliances 7
Rs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in afinancial year on All India basis
(ii) Casual taxable person shall obtain PermanentAccount Number (PAN) and generate e-way billin accordance with the provisions of Rule 138 ofCGST Rules 2017
(iii) Exemption is available to such persons who aremaking inter-State taxable supplies of HandicraftGoods and are availing the benefits of NotificationNo 82017 of IGST
mdash Notification No 72017-Integrated Taxndash Job Workersengaged in making inter-State supply
Job Workers engaged in making inter-State supply ofservices to a registered person are exempted fromobtaining registration
The exemption shall not apply to ndash
(i) Job worker who is liable to be registered undersection 22(1) or who opts to take voluntaryregistration under section 25(3) of CGST Act2017
(ii) Job worker involved in making supply of servicesin relation to Jewellery goldsmithsrsquo andsilversmithsrsquo wares and other articles
mdash Notification No 102017-Integrated Tax ndash Inter Statesupplies of taxable services upto Rs 20 lakhs (Rs 10lakhs in special category States other than the State ofJammu amp Kashmir)
Persons making inter-State supplies of taxable services uptoRs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in a financialyear shall be exempted from obtaining registration
Handbook on GST Compliances8
mdash Notification No 652017 ndash Central Tax ndash Persons makingsupplies of services other than supplies specified us9(5) of the CGST Act2017 through an electroniccommerce operator who is required to collect tax atsource us 52 of the said Act and having an aggregateturnover to be computed on all India basis notexceeding an amount of twenty lakh rupees in afinancial year shall be exempted from obtainingregistration under the said Act Provided that theaggregate value of such supplies to be computed onall India basis should not exceed an amount of tenlakh rupees in case of ldquospecial category Statesrdquo asspecified in article 279A(4)(g) of the Constitutionother than the State of Jammu and Kashmir
COMPULSORY REGISTRATION IN CERTAIN CASES
Following persons shall be required to be registered under GSTirrespective of Turnover exemption of Rs 20 lakhs or Rs 10lakhs as the case may be
(i) persons making any inter-State taxable supply [Subjectto Notification no 102017 ndashIntegrated Tax]
(ii) casual taxable persons making taxable supply
(iii) persons who are required to pay tax under reverse charge
(iv) person who are required to pay tax under sub-section (5)of section 9
(v) non-resident taxable persons making taxable supply
(vi) persons who are required to deduct tax under section 51whether or not separately registered under this Act
(vii) persons who make taxable supply of goods or services orboth on behalf of other taxable persons whether as anagent or otherwise
(viii) Input Service Distributor whether or not separatelyregistered under this Act
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
CONTENTS
Sr No Topic Page No
1 Introduction 1
2 Registration Compliances 5
3 Compliance related to Invoicesamp Other Documents 28
4 Accounts amp Records 45
5 Assessment amp Audit Compliances 54
6 Compliance related to GST Returns 69
7 E-Way Bill Compliances 80
(v)
GST is a comprehensive single indirect tax which is leviedconcurrently on goods and services across India It has replacedmost of the Central and State indirect taxes such as Central ExciseDuty Service Tax Central Sales Tax Additional Customs DutySpecial Additional Duty of Customs Value Added Tax (VAT)Entertainment Tax etc and as many as 13 cesses Beforeimplementation of Goods and Service Tax (GST) Indiantaxation system was a farrago of central state and local arealevies By subsuming more than a score of taxes under GST roadto a harmonized system of indirect tax has been paved makingIndia an economic union
GST is levied at every stage of the supply and distribution chainsby giving the benefit of Input Tax Credit (ITC) of the tax remittedat previous stages thereby allowing the seamless flow of creditIntroduction of Goods and Services Tax (GST) in India is themost ambitious initiative in the arena of indirect tax reform Ithas changed the Indian tax structure and paved the way formodernization of tax administration Mainly technologicallydriven from the registration process tax payment return filingto assessment generation of e-way bills etc all the compliancesare executed online through the common portal
As the entire mechanism of GST is based on InformationTechnology there is need of competent professionals with thecomprehensive working knowledge of GST compliances toeffectively discharge their professional responsibilities
Introduction
Handbook on GST Compliances2
This handbook is an attempt to compile the relevant provisionsrelated to GST compliances and present in a user friendlymanner This handbook is divided under 6 chapters coveringthe important aspects of GST Compliances viz Registration TaxInvoice Accounts amp Records Returns Filing Audit ampAssessment and E-way Bill Compliances which are explained indetail in respective chapters
Detailed Contents
1 Registration Compliances Persons liable for registrationpersons not liable for registration compulsory registrationin certain cases registration process amendment ofregistration cancellation of registration
2 Compliance related to invoices amp other documents Issuance oftax invoice HSN requirement on Invoice contents oftax invoice self invoice debit notecredit noterevised
GSTCompliances
E-way Bill
Registration
Invoice ampother
documents
ReturnsAccountsAudit amp
Assessment
Introduction 3
invoice bill of supply receipt voucher refund voucherpayment voucher tax invoice in special casestransportation of goods without issue of invoice taxinvoice or bill of supply to accompany transport of goods
3 Accounts amp Records Records at principal place of businessAccounts amp records required to be maintained byregistered persons maintenance of electronic recordsmaintenance of records by the warehousegodown ownerrecords to be maintained by transporters audit ofaccounts failure to maintain the accounts
4 Compliances related to GST Returns GST returnmechanisms types of returns GST returns calendar anoverview of GST return ITC matching and auto-reversal
5 Assessment amp Audit Compliances Self-AssessmentProvisional Assessment Scrutiny of Returns Assessmentof Non-Filers of Returns Assessment of UnregisteredPersons Audit by Tax Authorities Special Audit in GST
6 E-way Bill Compliances Introduction conditions forgeneration of e-way bill process of generation of e-waybill modes of generation of e-way bill when to generatee-way bill situations where furnishing the details in PartB of FORM GST EWB-01 is not mandatory Whereconsignor or consignee fails to generate e-way billconsolidated e-way bill by the transporter cancellationdeletion of e-way bill modification of e-way billacceptance rejection of e-way bill validity of e-way billgoods exempted from the requirement of e-way bill othercases where e-way bill is not required documents to becarried with conveyance inspection amp detention ofconveyance
Opportunities for Company Secretaries under GST
For better administration of new tax regime in the country it isimportant to have more competent and skilled professionals tofacilitate regulators to ensure effective compliance of GST The
Handbook on GST Compliances4
Company Secretaries are experts in interpreting laws and possessrequired skill-set to handle the regulatory compliances under GST
The Company Secretaries are rendering value added services tothe trade and industry and acting as extended arms of theregulatory mechanism There are ample opportunities availablefor Company Secretaries in GST regime viz compliancesadvisory consultancy tax planning etc as they are well versed inunderstanding the nuances of laws amp taxation system
The Company Secretaries can avail the opportunities availableunder GST and expand their areas of practice and benefit theprofession
Opporunitiesin GST
GST Practitioner
A CS final examination passedperson is eligible for enrolment as
GST Practitioner
Authorised Representative
A CS is entitled is entitled to appearbefore an officer or Appellate
Authority in connection with anyproceeding under GST Laws
Other Opportunities
- Training amp development- Tax planning
- Maintenance of GST records- Imapact analysis
GST Advisor
CS can provide guidance andadvisory to the business entities tointerpretet GST laws and assist in
effectively discharging variouscompliances under GST
PERSONS LIABLE FOR REGISTRATION
General Rule ndash Every supplier liable for registration in the Stateor Union territory from where he makes taxable supply if hisaggregate turnover in a financial year exceeds Rs 20 lakhs (Rs10 lakhs in the specified States of Assam Arunachal PradeshJampK Himachal Pradesh Uttarakhand Manipur MizoramSikkim Meghalaya Nagaland or Tripura) (Sec 22 (1) of CGSTAct 2017)
Amendments proposed in 28th meeting of GST Council Thethreshold exemption limit for registration in the States ofAssam Arunachal Pradesh Himachal PradeshMeghalaya Sikkim and Uttarakhand to be increased to Rs20 Lakhs from Rs 10 Lakhs
Aggregate turnover means all taxable supplies exempted suppliesexport supplies on a same PAN to be computed on all India basisincluding the supplies made on behalf of all his principals butexcluding GST
Other Cases
(i) Every person who on the appointed day was registered orhold a license under any previous law shall be required toregister under GST laws
(ii) Where a business is transferred whether on account ofsuccession or otherwise to another person as a going
RegistrationCompliances
5
Handbook on GST Compliances6
concern the transferee or the successor as the case maybe shall be liable to be registered with effect from the dateof such transfer or succession
(iii) In a case of transfer pursuant to sanction of a scheme oran arrangement for amalgamation or as the case may bedemerger of two or more companies pursuant to an orderof a High Court Tribunal or otherwise the transfereeshall be liable to be registered with effect from the date onwhich the Registrar of Companies issues a certificate ofincorporation giving effect to such order of the High Courtor Tribunal
PERSONS NOT LIABLE FOR REGISTRATION
bull The following person shall not be liable to registration(Sec 23 (1) of CGST Act 2017) ndash
mdash Any person engaged exclusively in the business ofsupplying goods or services or both that are not liableto tax or wholly exempt from tax
mdash An agriculturist to the extent of supply of produceout of cultivation of land
bull Exempted through Notification (Sec 23 (2) of CGST Act2017) ndash
mdash Notification No 52017-Central Tax ndash If Supplies are underReverse Charge
The persons who are only engaged in making suppliesof taxable goods or services or both the total tax onwhich is liable to be paid on reverse charge basis bythe recipient of such goods or services or both
mdash Notification No 322017-Central Tax - Casual taxablepersons making taxable supplies of Handicraft Goods
Casual taxable persons making taxable supplies ofhandicraft goods are exempted from obtaining theregistration subject to the following conditions ndash
(i) Aggregate value of such supplies does not exceed
Registration Compliances 7
Rs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in afinancial year on All India basis
(ii) Casual taxable person shall obtain PermanentAccount Number (PAN) and generate e-way billin accordance with the provisions of Rule 138 ofCGST Rules 2017
(iii) Exemption is available to such persons who aremaking inter-State taxable supplies of HandicraftGoods and are availing the benefits of NotificationNo 82017 of IGST
mdash Notification No 72017-Integrated Taxndash Job Workersengaged in making inter-State supply
Job Workers engaged in making inter-State supply ofservices to a registered person are exempted fromobtaining registration
The exemption shall not apply to ndash
(i) Job worker who is liable to be registered undersection 22(1) or who opts to take voluntaryregistration under section 25(3) of CGST Act2017
(ii) Job worker involved in making supply of servicesin relation to Jewellery goldsmithsrsquo andsilversmithsrsquo wares and other articles
mdash Notification No 102017-Integrated Tax ndash Inter Statesupplies of taxable services upto Rs 20 lakhs (Rs 10lakhs in special category States other than the State ofJammu amp Kashmir)
Persons making inter-State supplies of taxable services uptoRs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in a financialyear shall be exempted from obtaining registration
Handbook on GST Compliances8
mdash Notification No 652017 ndash Central Tax ndash Persons makingsupplies of services other than supplies specified us9(5) of the CGST Act2017 through an electroniccommerce operator who is required to collect tax atsource us 52 of the said Act and having an aggregateturnover to be computed on all India basis notexceeding an amount of twenty lakh rupees in afinancial year shall be exempted from obtainingregistration under the said Act Provided that theaggregate value of such supplies to be computed onall India basis should not exceed an amount of tenlakh rupees in case of ldquospecial category Statesrdquo asspecified in article 279A(4)(g) of the Constitutionother than the State of Jammu and Kashmir
COMPULSORY REGISTRATION IN CERTAIN CASES
Following persons shall be required to be registered under GSTirrespective of Turnover exemption of Rs 20 lakhs or Rs 10lakhs as the case may be
(i) persons making any inter-State taxable supply [Subjectto Notification no 102017 ndashIntegrated Tax]
(ii) casual taxable persons making taxable supply
(iii) persons who are required to pay tax under reverse charge
(iv) person who are required to pay tax under sub-section (5)of section 9
(v) non-resident taxable persons making taxable supply
(vi) persons who are required to deduct tax under section 51whether or not separately registered under this Act
(vii) persons who make taxable supply of goods or services orboth on behalf of other taxable persons whether as anagent or otherwise
(viii) Input Service Distributor whether or not separatelyregistered under this Act
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
GST is a comprehensive single indirect tax which is leviedconcurrently on goods and services across India It has replacedmost of the Central and State indirect taxes such as Central ExciseDuty Service Tax Central Sales Tax Additional Customs DutySpecial Additional Duty of Customs Value Added Tax (VAT)Entertainment Tax etc and as many as 13 cesses Beforeimplementation of Goods and Service Tax (GST) Indiantaxation system was a farrago of central state and local arealevies By subsuming more than a score of taxes under GST roadto a harmonized system of indirect tax has been paved makingIndia an economic union
GST is levied at every stage of the supply and distribution chainsby giving the benefit of Input Tax Credit (ITC) of the tax remittedat previous stages thereby allowing the seamless flow of creditIntroduction of Goods and Services Tax (GST) in India is themost ambitious initiative in the arena of indirect tax reform Ithas changed the Indian tax structure and paved the way formodernization of tax administration Mainly technologicallydriven from the registration process tax payment return filingto assessment generation of e-way bills etc all the compliancesare executed online through the common portal
As the entire mechanism of GST is based on InformationTechnology there is need of competent professionals with thecomprehensive working knowledge of GST compliances toeffectively discharge their professional responsibilities
Introduction
Handbook on GST Compliances2
This handbook is an attempt to compile the relevant provisionsrelated to GST compliances and present in a user friendlymanner This handbook is divided under 6 chapters coveringthe important aspects of GST Compliances viz Registration TaxInvoice Accounts amp Records Returns Filing Audit ampAssessment and E-way Bill Compliances which are explained indetail in respective chapters
Detailed Contents
1 Registration Compliances Persons liable for registrationpersons not liable for registration compulsory registrationin certain cases registration process amendment ofregistration cancellation of registration
2 Compliance related to invoices amp other documents Issuance oftax invoice HSN requirement on Invoice contents oftax invoice self invoice debit notecredit noterevised
GSTCompliances
E-way Bill
Registration
Invoice ampother
documents
ReturnsAccountsAudit amp
Assessment
Introduction 3
invoice bill of supply receipt voucher refund voucherpayment voucher tax invoice in special casestransportation of goods without issue of invoice taxinvoice or bill of supply to accompany transport of goods
3 Accounts amp Records Records at principal place of businessAccounts amp records required to be maintained byregistered persons maintenance of electronic recordsmaintenance of records by the warehousegodown ownerrecords to be maintained by transporters audit ofaccounts failure to maintain the accounts
4 Compliances related to GST Returns GST returnmechanisms types of returns GST returns calendar anoverview of GST return ITC matching and auto-reversal
5 Assessment amp Audit Compliances Self-AssessmentProvisional Assessment Scrutiny of Returns Assessmentof Non-Filers of Returns Assessment of UnregisteredPersons Audit by Tax Authorities Special Audit in GST
6 E-way Bill Compliances Introduction conditions forgeneration of e-way bill process of generation of e-waybill modes of generation of e-way bill when to generatee-way bill situations where furnishing the details in PartB of FORM GST EWB-01 is not mandatory Whereconsignor or consignee fails to generate e-way billconsolidated e-way bill by the transporter cancellationdeletion of e-way bill modification of e-way billacceptance rejection of e-way bill validity of e-way billgoods exempted from the requirement of e-way bill othercases where e-way bill is not required documents to becarried with conveyance inspection amp detention ofconveyance
Opportunities for Company Secretaries under GST
For better administration of new tax regime in the country it isimportant to have more competent and skilled professionals tofacilitate regulators to ensure effective compliance of GST The
Handbook on GST Compliances4
Company Secretaries are experts in interpreting laws and possessrequired skill-set to handle the regulatory compliances under GST
The Company Secretaries are rendering value added services tothe trade and industry and acting as extended arms of theregulatory mechanism There are ample opportunities availablefor Company Secretaries in GST regime viz compliancesadvisory consultancy tax planning etc as they are well versed inunderstanding the nuances of laws amp taxation system
The Company Secretaries can avail the opportunities availableunder GST and expand their areas of practice and benefit theprofession
Opporunitiesin GST
GST Practitioner
A CS final examination passedperson is eligible for enrolment as
GST Practitioner
Authorised Representative
A CS is entitled is entitled to appearbefore an officer or Appellate
Authority in connection with anyproceeding under GST Laws
Other Opportunities
- Training amp development- Tax planning
- Maintenance of GST records- Imapact analysis
GST Advisor
CS can provide guidance andadvisory to the business entities tointerpretet GST laws and assist in
effectively discharging variouscompliances under GST
PERSONS LIABLE FOR REGISTRATION
General Rule ndash Every supplier liable for registration in the Stateor Union territory from where he makes taxable supply if hisaggregate turnover in a financial year exceeds Rs 20 lakhs (Rs10 lakhs in the specified States of Assam Arunachal PradeshJampK Himachal Pradesh Uttarakhand Manipur MizoramSikkim Meghalaya Nagaland or Tripura) (Sec 22 (1) of CGSTAct 2017)
Amendments proposed in 28th meeting of GST Council Thethreshold exemption limit for registration in the States ofAssam Arunachal Pradesh Himachal PradeshMeghalaya Sikkim and Uttarakhand to be increased to Rs20 Lakhs from Rs 10 Lakhs
Aggregate turnover means all taxable supplies exempted suppliesexport supplies on a same PAN to be computed on all India basisincluding the supplies made on behalf of all his principals butexcluding GST
Other Cases
(i) Every person who on the appointed day was registered orhold a license under any previous law shall be required toregister under GST laws
(ii) Where a business is transferred whether on account ofsuccession or otherwise to another person as a going
RegistrationCompliances
5
Handbook on GST Compliances6
concern the transferee or the successor as the case maybe shall be liable to be registered with effect from the dateof such transfer or succession
(iii) In a case of transfer pursuant to sanction of a scheme oran arrangement for amalgamation or as the case may bedemerger of two or more companies pursuant to an orderof a High Court Tribunal or otherwise the transfereeshall be liable to be registered with effect from the date onwhich the Registrar of Companies issues a certificate ofincorporation giving effect to such order of the High Courtor Tribunal
PERSONS NOT LIABLE FOR REGISTRATION
bull The following person shall not be liable to registration(Sec 23 (1) of CGST Act 2017) ndash
mdash Any person engaged exclusively in the business ofsupplying goods or services or both that are not liableto tax or wholly exempt from tax
mdash An agriculturist to the extent of supply of produceout of cultivation of land
bull Exempted through Notification (Sec 23 (2) of CGST Act2017) ndash
mdash Notification No 52017-Central Tax ndash If Supplies are underReverse Charge
The persons who are only engaged in making suppliesof taxable goods or services or both the total tax onwhich is liable to be paid on reverse charge basis bythe recipient of such goods or services or both
mdash Notification No 322017-Central Tax - Casual taxablepersons making taxable supplies of Handicraft Goods
Casual taxable persons making taxable supplies ofhandicraft goods are exempted from obtaining theregistration subject to the following conditions ndash
(i) Aggregate value of such supplies does not exceed
Registration Compliances 7
Rs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in afinancial year on All India basis
(ii) Casual taxable person shall obtain PermanentAccount Number (PAN) and generate e-way billin accordance with the provisions of Rule 138 ofCGST Rules 2017
(iii) Exemption is available to such persons who aremaking inter-State taxable supplies of HandicraftGoods and are availing the benefits of NotificationNo 82017 of IGST
mdash Notification No 72017-Integrated Taxndash Job Workersengaged in making inter-State supply
Job Workers engaged in making inter-State supply ofservices to a registered person are exempted fromobtaining registration
The exemption shall not apply to ndash
(i) Job worker who is liable to be registered undersection 22(1) or who opts to take voluntaryregistration under section 25(3) of CGST Act2017
(ii) Job worker involved in making supply of servicesin relation to Jewellery goldsmithsrsquo andsilversmithsrsquo wares and other articles
mdash Notification No 102017-Integrated Tax ndash Inter Statesupplies of taxable services upto Rs 20 lakhs (Rs 10lakhs in special category States other than the State ofJammu amp Kashmir)
Persons making inter-State supplies of taxable services uptoRs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in a financialyear shall be exempted from obtaining registration
Handbook on GST Compliances8
mdash Notification No 652017 ndash Central Tax ndash Persons makingsupplies of services other than supplies specified us9(5) of the CGST Act2017 through an electroniccommerce operator who is required to collect tax atsource us 52 of the said Act and having an aggregateturnover to be computed on all India basis notexceeding an amount of twenty lakh rupees in afinancial year shall be exempted from obtainingregistration under the said Act Provided that theaggregate value of such supplies to be computed onall India basis should not exceed an amount of tenlakh rupees in case of ldquospecial category Statesrdquo asspecified in article 279A(4)(g) of the Constitutionother than the State of Jammu and Kashmir
COMPULSORY REGISTRATION IN CERTAIN CASES
Following persons shall be required to be registered under GSTirrespective of Turnover exemption of Rs 20 lakhs or Rs 10lakhs as the case may be
(i) persons making any inter-State taxable supply [Subjectto Notification no 102017 ndashIntegrated Tax]
(ii) casual taxable persons making taxable supply
(iii) persons who are required to pay tax under reverse charge
(iv) person who are required to pay tax under sub-section (5)of section 9
(v) non-resident taxable persons making taxable supply
(vi) persons who are required to deduct tax under section 51whether or not separately registered under this Act
(vii) persons who make taxable supply of goods or services orboth on behalf of other taxable persons whether as anagent or otherwise
(viii) Input Service Distributor whether or not separatelyregistered under this Act
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
Handbook on GST Compliances2
This handbook is an attempt to compile the relevant provisionsrelated to GST compliances and present in a user friendlymanner This handbook is divided under 6 chapters coveringthe important aspects of GST Compliances viz Registration TaxInvoice Accounts amp Records Returns Filing Audit ampAssessment and E-way Bill Compliances which are explained indetail in respective chapters
Detailed Contents
1 Registration Compliances Persons liable for registrationpersons not liable for registration compulsory registrationin certain cases registration process amendment ofregistration cancellation of registration
2 Compliance related to invoices amp other documents Issuance oftax invoice HSN requirement on Invoice contents oftax invoice self invoice debit notecredit noterevised
GSTCompliances
E-way Bill
Registration
Invoice ampother
documents
ReturnsAccountsAudit amp
Assessment
Introduction 3
invoice bill of supply receipt voucher refund voucherpayment voucher tax invoice in special casestransportation of goods without issue of invoice taxinvoice or bill of supply to accompany transport of goods
3 Accounts amp Records Records at principal place of businessAccounts amp records required to be maintained byregistered persons maintenance of electronic recordsmaintenance of records by the warehousegodown ownerrecords to be maintained by transporters audit ofaccounts failure to maintain the accounts
4 Compliances related to GST Returns GST returnmechanisms types of returns GST returns calendar anoverview of GST return ITC matching and auto-reversal
5 Assessment amp Audit Compliances Self-AssessmentProvisional Assessment Scrutiny of Returns Assessmentof Non-Filers of Returns Assessment of UnregisteredPersons Audit by Tax Authorities Special Audit in GST
6 E-way Bill Compliances Introduction conditions forgeneration of e-way bill process of generation of e-waybill modes of generation of e-way bill when to generatee-way bill situations where furnishing the details in PartB of FORM GST EWB-01 is not mandatory Whereconsignor or consignee fails to generate e-way billconsolidated e-way bill by the transporter cancellationdeletion of e-way bill modification of e-way billacceptance rejection of e-way bill validity of e-way billgoods exempted from the requirement of e-way bill othercases where e-way bill is not required documents to becarried with conveyance inspection amp detention ofconveyance
Opportunities for Company Secretaries under GST
For better administration of new tax regime in the country it isimportant to have more competent and skilled professionals tofacilitate regulators to ensure effective compliance of GST The
Handbook on GST Compliances4
Company Secretaries are experts in interpreting laws and possessrequired skill-set to handle the regulatory compliances under GST
The Company Secretaries are rendering value added services tothe trade and industry and acting as extended arms of theregulatory mechanism There are ample opportunities availablefor Company Secretaries in GST regime viz compliancesadvisory consultancy tax planning etc as they are well versed inunderstanding the nuances of laws amp taxation system
The Company Secretaries can avail the opportunities availableunder GST and expand their areas of practice and benefit theprofession
Opporunitiesin GST
GST Practitioner
A CS final examination passedperson is eligible for enrolment as
GST Practitioner
Authorised Representative
A CS is entitled is entitled to appearbefore an officer or Appellate
Authority in connection with anyproceeding under GST Laws
Other Opportunities
- Training amp development- Tax planning
- Maintenance of GST records- Imapact analysis
GST Advisor
CS can provide guidance andadvisory to the business entities tointerpretet GST laws and assist in
effectively discharging variouscompliances under GST
PERSONS LIABLE FOR REGISTRATION
General Rule ndash Every supplier liable for registration in the Stateor Union territory from where he makes taxable supply if hisaggregate turnover in a financial year exceeds Rs 20 lakhs (Rs10 lakhs in the specified States of Assam Arunachal PradeshJampK Himachal Pradesh Uttarakhand Manipur MizoramSikkim Meghalaya Nagaland or Tripura) (Sec 22 (1) of CGSTAct 2017)
Amendments proposed in 28th meeting of GST Council Thethreshold exemption limit for registration in the States ofAssam Arunachal Pradesh Himachal PradeshMeghalaya Sikkim and Uttarakhand to be increased to Rs20 Lakhs from Rs 10 Lakhs
Aggregate turnover means all taxable supplies exempted suppliesexport supplies on a same PAN to be computed on all India basisincluding the supplies made on behalf of all his principals butexcluding GST
Other Cases
(i) Every person who on the appointed day was registered orhold a license under any previous law shall be required toregister under GST laws
(ii) Where a business is transferred whether on account ofsuccession or otherwise to another person as a going
RegistrationCompliances
5
Handbook on GST Compliances6
concern the transferee or the successor as the case maybe shall be liable to be registered with effect from the dateof such transfer or succession
(iii) In a case of transfer pursuant to sanction of a scheme oran arrangement for amalgamation or as the case may bedemerger of two or more companies pursuant to an orderof a High Court Tribunal or otherwise the transfereeshall be liable to be registered with effect from the date onwhich the Registrar of Companies issues a certificate ofincorporation giving effect to such order of the High Courtor Tribunal
PERSONS NOT LIABLE FOR REGISTRATION
bull The following person shall not be liable to registration(Sec 23 (1) of CGST Act 2017) ndash
mdash Any person engaged exclusively in the business ofsupplying goods or services or both that are not liableto tax or wholly exempt from tax
mdash An agriculturist to the extent of supply of produceout of cultivation of land
bull Exempted through Notification (Sec 23 (2) of CGST Act2017) ndash
mdash Notification No 52017-Central Tax ndash If Supplies are underReverse Charge
The persons who are only engaged in making suppliesof taxable goods or services or both the total tax onwhich is liable to be paid on reverse charge basis bythe recipient of such goods or services or both
mdash Notification No 322017-Central Tax - Casual taxablepersons making taxable supplies of Handicraft Goods
Casual taxable persons making taxable supplies ofhandicraft goods are exempted from obtaining theregistration subject to the following conditions ndash
(i) Aggregate value of such supplies does not exceed
Registration Compliances 7
Rs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in afinancial year on All India basis
(ii) Casual taxable person shall obtain PermanentAccount Number (PAN) and generate e-way billin accordance with the provisions of Rule 138 ofCGST Rules 2017
(iii) Exemption is available to such persons who aremaking inter-State taxable supplies of HandicraftGoods and are availing the benefits of NotificationNo 82017 of IGST
mdash Notification No 72017-Integrated Taxndash Job Workersengaged in making inter-State supply
Job Workers engaged in making inter-State supply ofservices to a registered person are exempted fromobtaining registration
The exemption shall not apply to ndash
(i) Job worker who is liable to be registered undersection 22(1) or who opts to take voluntaryregistration under section 25(3) of CGST Act2017
(ii) Job worker involved in making supply of servicesin relation to Jewellery goldsmithsrsquo andsilversmithsrsquo wares and other articles
mdash Notification No 102017-Integrated Tax ndash Inter Statesupplies of taxable services upto Rs 20 lakhs (Rs 10lakhs in special category States other than the State ofJammu amp Kashmir)
Persons making inter-State supplies of taxable services uptoRs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in a financialyear shall be exempted from obtaining registration
Handbook on GST Compliances8
mdash Notification No 652017 ndash Central Tax ndash Persons makingsupplies of services other than supplies specified us9(5) of the CGST Act2017 through an electroniccommerce operator who is required to collect tax atsource us 52 of the said Act and having an aggregateturnover to be computed on all India basis notexceeding an amount of twenty lakh rupees in afinancial year shall be exempted from obtainingregistration under the said Act Provided that theaggregate value of such supplies to be computed onall India basis should not exceed an amount of tenlakh rupees in case of ldquospecial category Statesrdquo asspecified in article 279A(4)(g) of the Constitutionother than the State of Jammu and Kashmir
COMPULSORY REGISTRATION IN CERTAIN CASES
Following persons shall be required to be registered under GSTirrespective of Turnover exemption of Rs 20 lakhs or Rs 10lakhs as the case may be
(i) persons making any inter-State taxable supply [Subjectto Notification no 102017 ndashIntegrated Tax]
(ii) casual taxable persons making taxable supply
(iii) persons who are required to pay tax under reverse charge
(iv) person who are required to pay tax under sub-section (5)of section 9
(v) non-resident taxable persons making taxable supply
(vi) persons who are required to deduct tax under section 51whether or not separately registered under this Act
(vii) persons who make taxable supply of goods or services orboth on behalf of other taxable persons whether as anagent or otherwise
(viii) Input Service Distributor whether or not separatelyregistered under this Act
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
Introduction 3
invoice bill of supply receipt voucher refund voucherpayment voucher tax invoice in special casestransportation of goods without issue of invoice taxinvoice or bill of supply to accompany transport of goods
3 Accounts amp Records Records at principal place of businessAccounts amp records required to be maintained byregistered persons maintenance of electronic recordsmaintenance of records by the warehousegodown ownerrecords to be maintained by transporters audit ofaccounts failure to maintain the accounts
4 Compliances related to GST Returns GST returnmechanisms types of returns GST returns calendar anoverview of GST return ITC matching and auto-reversal
5 Assessment amp Audit Compliances Self-AssessmentProvisional Assessment Scrutiny of Returns Assessmentof Non-Filers of Returns Assessment of UnregisteredPersons Audit by Tax Authorities Special Audit in GST
6 E-way Bill Compliances Introduction conditions forgeneration of e-way bill process of generation of e-waybill modes of generation of e-way bill when to generatee-way bill situations where furnishing the details in PartB of FORM GST EWB-01 is not mandatory Whereconsignor or consignee fails to generate e-way billconsolidated e-way bill by the transporter cancellationdeletion of e-way bill modification of e-way billacceptance rejection of e-way bill validity of e-way billgoods exempted from the requirement of e-way bill othercases where e-way bill is not required documents to becarried with conveyance inspection amp detention ofconveyance
Opportunities for Company Secretaries under GST
For better administration of new tax regime in the country it isimportant to have more competent and skilled professionals tofacilitate regulators to ensure effective compliance of GST The
Handbook on GST Compliances4
Company Secretaries are experts in interpreting laws and possessrequired skill-set to handle the regulatory compliances under GST
The Company Secretaries are rendering value added services tothe trade and industry and acting as extended arms of theregulatory mechanism There are ample opportunities availablefor Company Secretaries in GST regime viz compliancesadvisory consultancy tax planning etc as they are well versed inunderstanding the nuances of laws amp taxation system
The Company Secretaries can avail the opportunities availableunder GST and expand their areas of practice and benefit theprofession
Opporunitiesin GST
GST Practitioner
A CS final examination passedperson is eligible for enrolment as
GST Practitioner
Authorised Representative
A CS is entitled is entitled to appearbefore an officer or Appellate
Authority in connection with anyproceeding under GST Laws
Other Opportunities
- Training amp development- Tax planning
- Maintenance of GST records- Imapact analysis
GST Advisor
CS can provide guidance andadvisory to the business entities tointerpretet GST laws and assist in
effectively discharging variouscompliances under GST
PERSONS LIABLE FOR REGISTRATION
General Rule ndash Every supplier liable for registration in the Stateor Union territory from where he makes taxable supply if hisaggregate turnover in a financial year exceeds Rs 20 lakhs (Rs10 lakhs in the specified States of Assam Arunachal PradeshJampK Himachal Pradesh Uttarakhand Manipur MizoramSikkim Meghalaya Nagaland or Tripura) (Sec 22 (1) of CGSTAct 2017)
Amendments proposed in 28th meeting of GST Council Thethreshold exemption limit for registration in the States ofAssam Arunachal Pradesh Himachal PradeshMeghalaya Sikkim and Uttarakhand to be increased to Rs20 Lakhs from Rs 10 Lakhs
Aggregate turnover means all taxable supplies exempted suppliesexport supplies on a same PAN to be computed on all India basisincluding the supplies made on behalf of all his principals butexcluding GST
Other Cases
(i) Every person who on the appointed day was registered orhold a license under any previous law shall be required toregister under GST laws
(ii) Where a business is transferred whether on account ofsuccession or otherwise to another person as a going
RegistrationCompliances
5
Handbook on GST Compliances6
concern the transferee or the successor as the case maybe shall be liable to be registered with effect from the dateof such transfer or succession
(iii) In a case of transfer pursuant to sanction of a scheme oran arrangement for amalgamation or as the case may bedemerger of two or more companies pursuant to an orderof a High Court Tribunal or otherwise the transfereeshall be liable to be registered with effect from the date onwhich the Registrar of Companies issues a certificate ofincorporation giving effect to such order of the High Courtor Tribunal
PERSONS NOT LIABLE FOR REGISTRATION
bull The following person shall not be liable to registration(Sec 23 (1) of CGST Act 2017) ndash
mdash Any person engaged exclusively in the business ofsupplying goods or services or both that are not liableto tax or wholly exempt from tax
mdash An agriculturist to the extent of supply of produceout of cultivation of land
bull Exempted through Notification (Sec 23 (2) of CGST Act2017) ndash
mdash Notification No 52017-Central Tax ndash If Supplies are underReverse Charge
The persons who are only engaged in making suppliesof taxable goods or services or both the total tax onwhich is liable to be paid on reverse charge basis bythe recipient of such goods or services or both
mdash Notification No 322017-Central Tax - Casual taxablepersons making taxable supplies of Handicraft Goods
Casual taxable persons making taxable supplies ofhandicraft goods are exempted from obtaining theregistration subject to the following conditions ndash
(i) Aggregate value of such supplies does not exceed
Registration Compliances 7
Rs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in afinancial year on All India basis
(ii) Casual taxable person shall obtain PermanentAccount Number (PAN) and generate e-way billin accordance with the provisions of Rule 138 ofCGST Rules 2017
(iii) Exemption is available to such persons who aremaking inter-State taxable supplies of HandicraftGoods and are availing the benefits of NotificationNo 82017 of IGST
mdash Notification No 72017-Integrated Taxndash Job Workersengaged in making inter-State supply
Job Workers engaged in making inter-State supply ofservices to a registered person are exempted fromobtaining registration
The exemption shall not apply to ndash
(i) Job worker who is liable to be registered undersection 22(1) or who opts to take voluntaryregistration under section 25(3) of CGST Act2017
(ii) Job worker involved in making supply of servicesin relation to Jewellery goldsmithsrsquo andsilversmithsrsquo wares and other articles
mdash Notification No 102017-Integrated Tax ndash Inter Statesupplies of taxable services upto Rs 20 lakhs (Rs 10lakhs in special category States other than the State ofJammu amp Kashmir)
Persons making inter-State supplies of taxable services uptoRs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in a financialyear shall be exempted from obtaining registration
Handbook on GST Compliances8
mdash Notification No 652017 ndash Central Tax ndash Persons makingsupplies of services other than supplies specified us9(5) of the CGST Act2017 through an electroniccommerce operator who is required to collect tax atsource us 52 of the said Act and having an aggregateturnover to be computed on all India basis notexceeding an amount of twenty lakh rupees in afinancial year shall be exempted from obtainingregistration under the said Act Provided that theaggregate value of such supplies to be computed onall India basis should not exceed an amount of tenlakh rupees in case of ldquospecial category Statesrdquo asspecified in article 279A(4)(g) of the Constitutionother than the State of Jammu and Kashmir
COMPULSORY REGISTRATION IN CERTAIN CASES
Following persons shall be required to be registered under GSTirrespective of Turnover exemption of Rs 20 lakhs or Rs 10lakhs as the case may be
(i) persons making any inter-State taxable supply [Subjectto Notification no 102017 ndashIntegrated Tax]
(ii) casual taxable persons making taxable supply
(iii) persons who are required to pay tax under reverse charge
(iv) person who are required to pay tax under sub-section (5)of section 9
(v) non-resident taxable persons making taxable supply
(vi) persons who are required to deduct tax under section 51whether or not separately registered under this Act
(vii) persons who make taxable supply of goods or services orboth on behalf of other taxable persons whether as anagent or otherwise
(viii) Input Service Distributor whether or not separatelyregistered under this Act
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
Handbook on GST Compliances4
Company Secretaries are experts in interpreting laws and possessrequired skill-set to handle the regulatory compliances under GST
The Company Secretaries are rendering value added services tothe trade and industry and acting as extended arms of theregulatory mechanism There are ample opportunities availablefor Company Secretaries in GST regime viz compliancesadvisory consultancy tax planning etc as they are well versed inunderstanding the nuances of laws amp taxation system
The Company Secretaries can avail the opportunities availableunder GST and expand their areas of practice and benefit theprofession
Opporunitiesin GST
GST Practitioner
A CS final examination passedperson is eligible for enrolment as
GST Practitioner
Authorised Representative
A CS is entitled is entitled to appearbefore an officer or Appellate
Authority in connection with anyproceeding under GST Laws
Other Opportunities
- Training amp development- Tax planning
- Maintenance of GST records- Imapact analysis
GST Advisor
CS can provide guidance andadvisory to the business entities tointerpretet GST laws and assist in
effectively discharging variouscompliances under GST
PERSONS LIABLE FOR REGISTRATION
General Rule ndash Every supplier liable for registration in the Stateor Union territory from where he makes taxable supply if hisaggregate turnover in a financial year exceeds Rs 20 lakhs (Rs10 lakhs in the specified States of Assam Arunachal PradeshJampK Himachal Pradesh Uttarakhand Manipur MizoramSikkim Meghalaya Nagaland or Tripura) (Sec 22 (1) of CGSTAct 2017)
Amendments proposed in 28th meeting of GST Council Thethreshold exemption limit for registration in the States ofAssam Arunachal Pradesh Himachal PradeshMeghalaya Sikkim and Uttarakhand to be increased to Rs20 Lakhs from Rs 10 Lakhs
Aggregate turnover means all taxable supplies exempted suppliesexport supplies on a same PAN to be computed on all India basisincluding the supplies made on behalf of all his principals butexcluding GST
Other Cases
(i) Every person who on the appointed day was registered orhold a license under any previous law shall be required toregister under GST laws
(ii) Where a business is transferred whether on account ofsuccession or otherwise to another person as a going
RegistrationCompliances
5
Handbook on GST Compliances6
concern the transferee or the successor as the case maybe shall be liable to be registered with effect from the dateof such transfer or succession
(iii) In a case of transfer pursuant to sanction of a scheme oran arrangement for amalgamation or as the case may bedemerger of two or more companies pursuant to an orderof a High Court Tribunal or otherwise the transfereeshall be liable to be registered with effect from the date onwhich the Registrar of Companies issues a certificate ofincorporation giving effect to such order of the High Courtor Tribunal
PERSONS NOT LIABLE FOR REGISTRATION
bull The following person shall not be liable to registration(Sec 23 (1) of CGST Act 2017) ndash
mdash Any person engaged exclusively in the business ofsupplying goods or services or both that are not liableto tax or wholly exempt from tax
mdash An agriculturist to the extent of supply of produceout of cultivation of land
bull Exempted through Notification (Sec 23 (2) of CGST Act2017) ndash
mdash Notification No 52017-Central Tax ndash If Supplies are underReverse Charge
The persons who are only engaged in making suppliesof taxable goods or services or both the total tax onwhich is liable to be paid on reverse charge basis bythe recipient of such goods or services or both
mdash Notification No 322017-Central Tax - Casual taxablepersons making taxable supplies of Handicraft Goods
Casual taxable persons making taxable supplies ofhandicraft goods are exempted from obtaining theregistration subject to the following conditions ndash
(i) Aggregate value of such supplies does not exceed
Registration Compliances 7
Rs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in afinancial year on All India basis
(ii) Casual taxable person shall obtain PermanentAccount Number (PAN) and generate e-way billin accordance with the provisions of Rule 138 ofCGST Rules 2017
(iii) Exemption is available to such persons who aremaking inter-State taxable supplies of HandicraftGoods and are availing the benefits of NotificationNo 82017 of IGST
mdash Notification No 72017-Integrated Taxndash Job Workersengaged in making inter-State supply
Job Workers engaged in making inter-State supply ofservices to a registered person are exempted fromobtaining registration
The exemption shall not apply to ndash
(i) Job worker who is liable to be registered undersection 22(1) or who opts to take voluntaryregistration under section 25(3) of CGST Act2017
(ii) Job worker involved in making supply of servicesin relation to Jewellery goldsmithsrsquo andsilversmithsrsquo wares and other articles
mdash Notification No 102017-Integrated Tax ndash Inter Statesupplies of taxable services upto Rs 20 lakhs (Rs 10lakhs in special category States other than the State ofJammu amp Kashmir)
Persons making inter-State supplies of taxable services uptoRs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in a financialyear shall be exempted from obtaining registration
Handbook on GST Compliances8
mdash Notification No 652017 ndash Central Tax ndash Persons makingsupplies of services other than supplies specified us9(5) of the CGST Act2017 through an electroniccommerce operator who is required to collect tax atsource us 52 of the said Act and having an aggregateturnover to be computed on all India basis notexceeding an amount of twenty lakh rupees in afinancial year shall be exempted from obtainingregistration under the said Act Provided that theaggregate value of such supplies to be computed onall India basis should not exceed an amount of tenlakh rupees in case of ldquospecial category Statesrdquo asspecified in article 279A(4)(g) of the Constitutionother than the State of Jammu and Kashmir
COMPULSORY REGISTRATION IN CERTAIN CASES
Following persons shall be required to be registered under GSTirrespective of Turnover exemption of Rs 20 lakhs or Rs 10lakhs as the case may be
(i) persons making any inter-State taxable supply [Subjectto Notification no 102017 ndashIntegrated Tax]
(ii) casual taxable persons making taxable supply
(iii) persons who are required to pay tax under reverse charge
(iv) person who are required to pay tax under sub-section (5)of section 9
(v) non-resident taxable persons making taxable supply
(vi) persons who are required to deduct tax under section 51whether or not separately registered under this Act
(vii) persons who make taxable supply of goods or services orboth on behalf of other taxable persons whether as anagent or otherwise
(viii) Input Service Distributor whether or not separatelyregistered under this Act
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
PERSONS LIABLE FOR REGISTRATION
General Rule ndash Every supplier liable for registration in the Stateor Union territory from where he makes taxable supply if hisaggregate turnover in a financial year exceeds Rs 20 lakhs (Rs10 lakhs in the specified States of Assam Arunachal PradeshJampK Himachal Pradesh Uttarakhand Manipur MizoramSikkim Meghalaya Nagaland or Tripura) (Sec 22 (1) of CGSTAct 2017)
Amendments proposed in 28th meeting of GST Council Thethreshold exemption limit for registration in the States ofAssam Arunachal Pradesh Himachal PradeshMeghalaya Sikkim and Uttarakhand to be increased to Rs20 Lakhs from Rs 10 Lakhs
Aggregate turnover means all taxable supplies exempted suppliesexport supplies on a same PAN to be computed on all India basisincluding the supplies made on behalf of all his principals butexcluding GST
Other Cases
(i) Every person who on the appointed day was registered orhold a license under any previous law shall be required toregister under GST laws
(ii) Where a business is transferred whether on account ofsuccession or otherwise to another person as a going
RegistrationCompliances
5
Handbook on GST Compliances6
concern the transferee or the successor as the case maybe shall be liable to be registered with effect from the dateof such transfer or succession
(iii) In a case of transfer pursuant to sanction of a scheme oran arrangement for amalgamation or as the case may bedemerger of two or more companies pursuant to an orderof a High Court Tribunal or otherwise the transfereeshall be liable to be registered with effect from the date onwhich the Registrar of Companies issues a certificate ofincorporation giving effect to such order of the High Courtor Tribunal
PERSONS NOT LIABLE FOR REGISTRATION
bull The following person shall not be liable to registration(Sec 23 (1) of CGST Act 2017) ndash
mdash Any person engaged exclusively in the business ofsupplying goods or services or both that are not liableto tax or wholly exempt from tax
mdash An agriculturist to the extent of supply of produceout of cultivation of land
bull Exempted through Notification (Sec 23 (2) of CGST Act2017) ndash
mdash Notification No 52017-Central Tax ndash If Supplies are underReverse Charge
The persons who are only engaged in making suppliesof taxable goods or services or both the total tax onwhich is liable to be paid on reverse charge basis bythe recipient of such goods or services or both
mdash Notification No 322017-Central Tax - Casual taxablepersons making taxable supplies of Handicraft Goods
Casual taxable persons making taxable supplies ofhandicraft goods are exempted from obtaining theregistration subject to the following conditions ndash
(i) Aggregate value of such supplies does not exceed
Registration Compliances 7
Rs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in afinancial year on All India basis
(ii) Casual taxable person shall obtain PermanentAccount Number (PAN) and generate e-way billin accordance with the provisions of Rule 138 ofCGST Rules 2017
(iii) Exemption is available to such persons who aremaking inter-State taxable supplies of HandicraftGoods and are availing the benefits of NotificationNo 82017 of IGST
mdash Notification No 72017-Integrated Taxndash Job Workersengaged in making inter-State supply
Job Workers engaged in making inter-State supply ofservices to a registered person are exempted fromobtaining registration
The exemption shall not apply to ndash
(i) Job worker who is liable to be registered undersection 22(1) or who opts to take voluntaryregistration under section 25(3) of CGST Act2017
(ii) Job worker involved in making supply of servicesin relation to Jewellery goldsmithsrsquo andsilversmithsrsquo wares and other articles
mdash Notification No 102017-Integrated Tax ndash Inter Statesupplies of taxable services upto Rs 20 lakhs (Rs 10lakhs in special category States other than the State ofJammu amp Kashmir)
Persons making inter-State supplies of taxable services uptoRs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in a financialyear shall be exempted from obtaining registration
Handbook on GST Compliances8
mdash Notification No 652017 ndash Central Tax ndash Persons makingsupplies of services other than supplies specified us9(5) of the CGST Act2017 through an electroniccommerce operator who is required to collect tax atsource us 52 of the said Act and having an aggregateturnover to be computed on all India basis notexceeding an amount of twenty lakh rupees in afinancial year shall be exempted from obtainingregistration under the said Act Provided that theaggregate value of such supplies to be computed onall India basis should not exceed an amount of tenlakh rupees in case of ldquospecial category Statesrdquo asspecified in article 279A(4)(g) of the Constitutionother than the State of Jammu and Kashmir
COMPULSORY REGISTRATION IN CERTAIN CASES
Following persons shall be required to be registered under GSTirrespective of Turnover exemption of Rs 20 lakhs or Rs 10lakhs as the case may be
(i) persons making any inter-State taxable supply [Subjectto Notification no 102017 ndashIntegrated Tax]
(ii) casual taxable persons making taxable supply
(iii) persons who are required to pay tax under reverse charge
(iv) person who are required to pay tax under sub-section (5)of section 9
(v) non-resident taxable persons making taxable supply
(vi) persons who are required to deduct tax under section 51whether or not separately registered under this Act
(vii) persons who make taxable supply of goods or services orboth on behalf of other taxable persons whether as anagent or otherwise
(viii) Input Service Distributor whether or not separatelyregistered under this Act
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
Handbook on GST Compliances6
concern the transferee or the successor as the case maybe shall be liable to be registered with effect from the dateof such transfer or succession
(iii) In a case of transfer pursuant to sanction of a scheme oran arrangement for amalgamation or as the case may bedemerger of two or more companies pursuant to an orderof a High Court Tribunal or otherwise the transfereeshall be liable to be registered with effect from the date onwhich the Registrar of Companies issues a certificate ofincorporation giving effect to such order of the High Courtor Tribunal
PERSONS NOT LIABLE FOR REGISTRATION
bull The following person shall not be liable to registration(Sec 23 (1) of CGST Act 2017) ndash
mdash Any person engaged exclusively in the business ofsupplying goods or services or both that are not liableto tax or wholly exempt from tax
mdash An agriculturist to the extent of supply of produceout of cultivation of land
bull Exempted through Notification (Sec 23 (2) of CGST Act2017) ndash
mdash Notification No 52017-Central Tax ndash If Supplies are underReverse Charge
The persons who are only engaged in making suppliesof taxable goods or services or both the total tax onwhich is liable to be paid on reverse charge basis bythe recipient of such goods or services or both
mdash Notification No 322017-Central Tax - Casual taxablepersons making taxable supplies of Handicraft Goods
Casual taxable persons making taxable supplies ofhandicraft goods are exempted from obtaining theregistration subject to the following conditions ndash
(i) Aggregate value of such supplies does not exceed
Registration Compliances 7
Rs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in afinancial year on All India basis
(ii) Casual taxable person shall obtain PermanentAccount Number (PAN) and generate e-way billin accordance with the provisions of Rule 138 ofCGST Rules 2017
(iii) Exemption is available to such persons who aremaking inter-State taxable supplies of HandicraftGoods and are availing the benefits of NotificationNo 82017 of IGST
mdash Notification No 72017-Integrated Taxndash Job Workersengaged in making inter-State supply
Job Workers engaged in making inter-State supply ofservices to a registered person are exempted fromobtaining registration
The exemption shall not apply to ndash
(i) Job worker who is liable to be registered undersection 22(1) or who opts to take voluntaryregistration under section 25(3) of CGST Act2017
(ii) Job worker involved in making supply of servicesin relation to Jewellery goldsmithsrsquo andsilversmithsrsquo wares and other articles
mdash Notification No 102017-Integrated Tax ndash Inter Statesupplies of taxable services upto Rs 20 lakhs (Rs 10lakhs in special category States other than the State ofJammu amp Kashmir)
Persons making inter-State supplies of taxable services uptoRs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in a financialyear shall be exempted from obtaining registration
Handbook on GST Compliances8
mdash Notification No 652017 ndash Central Tax ndash Persons makingsupplies of services other than supplies specified us9(5) of the CGST Act2017 through an electroniccommerce operator who is required to collect tax atsource us 52 of the said Act and having an aggregateturnover to be computed on all India basis notexceeding an amount of twenty lakh rupees in afinancial year shall be exempted from obtainingregistration under the said Act Provided that theaggregate value of such supplies to be computed onall India basis should not exceed an amount of tenlakh rupees in case of ldquospecial category Statesrdquo asspecified in article 279A(4)(g) of the Constitutionother than the State of Jammu and Kashmir
COMPULSORY REGISTRATION IN CERTAIN CASES
Following persons shall be required to be registered under GSTirrespective of Turnover exemption of Rs 20 lakhs or Rs 10lakhs as the case may be
(i) persons making any inter-State taxable supply [Subjectto Notification no 102017 ndashIntegrated Tax]
(ii) casual taxable persons making taxable supply
(iii) persons who are required to pay tax under reverse charge
(iv) person who are required to pay tax under sub-section (5)of section 9
(v) non-resident taxable persons making taxable supply
(vi) persons who are required to deduct tax under section 51whether or not separately registered under this Act
(vii) persons who make taxable supply of goods or services orboth on behalf of other taxable persons whether as anagent or otherwise
(viii) Input Service Distributor whether or not separatelyregistered under this Act
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
Registration Compliances 7
Rs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in afinancial year on All India basis
(ii) Casual taxable person shall obtain PermanentAccount Number (PAN) and generate e-way billin accordance with the provisions of Rule 138 ofCGST Rules 2017
(iii) Exemption is available to such persons who aremaking inter-State taxable supplies of HandicraftGoods and are availing the benefits of NotificationNo 82017 of IGST
mdash Notification No 72017-Integrated Taxndash Job Workersengaged in making inter-State supply
Job Workers engaged in making inter-State supply ofservices to a registered person are exempted fromobtaining registration
The exemption shall not apply to ndash
(i) Job worker who is liable to be registered undersection 22(1) or who opts to take voluntaryregistration under section 25(3) of CGST Act2017
(ii) Job worker involved in making supply of servicesin relation to Jewellery goldsmithsrsquo andsilversmithsrsquo wares and other articles
mdash Notification No 102017-Integrated Tax ndash Inter Statesupplies of taxable services upto Rs 20 lakhs (Rs 10lakhs in special category States other than the State ofJammu amp Kashmir)
Persons making inter-State supplies of taxable services uptoRs 20 lakhs (Rs 10 lakhs in special category Statesother than the State of Jammu amp Kashmir) in a financialyear shall be exempted from obtaining registration
Handbook on GST Compliances8
mdash Notification No 652017 ndash Central Tax ndash Persons makingsupplies of services other than supplies specified us9(5) of the CGST Act2017 through an electroniccommerce operator who is required to collect tax atsource us 52 of the said Act and having an aggregateturnover to be computed on all India basis notexceeding an amount of twenty lakh rupees in afinancial year shall be exempted from obtainingregistration under the said Act Provided that theaggregate value of such supplies to be computed onall India basis should not exceed an amount of tenlakh rupees in case of ldquospecial category Statesrdquo asspecified in article 279A(4)(g) of the Constitutionother than the State of Jammu and Kashmir
COMPULSORY REGISTRATION IN CERTAIN CASES
Following persons shall be required to be registered under GSTirrespective of Turnover exemption of Rs 20 lakhs or Rs 10lakhs as the case may be
(i) persons making any inter-State taxable supply [Subjectto Notification no 102017 ndashIntegrated Tax]
(ii) casual taxable persons making taxable supply
(iii) persons who are required to pay tax under reverse charge
(iv) person who are required to pay tax under sub-section (5)of section 9
(v) non-resident taxable persons making taxable supply
(vi) persons who are required to deduct tax under section 51whether or not separately registered under this Act
(vii) persons who make taxable supply of goods or services orboth on behalf of other taxable persons whether as anagent or otherwise
(viii) Input Service Distributor whether or not separatelyregistered under this Act
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
Handbook on GST Compliances8
mdash Notification No 652017 ndash Central Tax ndash Persons makingsupplies of services other than supplies specified us9(5) of the CGST Act2017 through an electroniccommerce operator who is required to collect tax atsource us 52 of the said Act and having an aggregateturnover to be computed on all India basis notexceeding an amount of twenty lakh rupees in afinancial year shall be exempted from obtainingregistration under the said Act Provided that theaggregate value of such supplies to be computed onall India basis should not exceed an amount of tenlakh rupees in case of ldquospecial category Statesrdquo asspecified in article 279A(4)(g) of the Constitutionother than the State of Jammu and Kashmir
COMPULSORY REGISTRATION IN CERTAIN CASES
Following persons shall be required to be registered under GSTirrespective of Turnover exemption of Rs 20 lakhs or Rs 10lakhs as the case may be
(i) persons making any inter-State taxable supply [Subjectto Notification no 102017 ndashIntegrated Tax]
(ii) casual taxable persons making taxable supply
(iii) persons who are required to pay tax under reverse charge
(iv) person who are required to pay tax under sub-section (5)of section 9
(v) non-resident taxable persons making taxable supply
(vi) persons who are required to deduct tax under section 51whether or not separately registered under this Act
(vii) persons who make taxable supply of goods or services orboth on behalf of other taxable persons whether as anagent or otherwise
(viii) Input Service Distributor whether or not separatelyregistered under this Act
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
Registration Compliances 9
(ix) persons who supply goods or services or both other thansupplies specified under sub-section (5) of section 9through such electronic commerce operator who isrequired to collect tax at source under section 52 [Subjectto Notification no652017-Cental Tax]
(x) every electronic commerce operator
(xi) every person supplying online information and databaseaccess or retrieval services from a place outside India to aperson in India other than a registered person and
(xii) such other person or class of persons as may be notifiedby the Government on the recommendations of theCouncil
REGISTRATION PROCESS
bull Registration within 30 days
Every person who is liable to be registered under section22 or section 24 shall apply for registration in every suchState or Union territory in which he is so liable within 30days from the date on which he becomes liable toregistration
Note - A Casual taxable person or non-resident taxableperson shall apply for registration at least five days priorto commencement of the business
Supplies from Territorial Water of India - Every personwho makes a supply from the territorial waters of Indiashall obtain registration in the coastal State or Unionterritory where the nearest point of the appropriatebaseline is located
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
Handbook on GST Compliances10
bull Below is the step by step online registration process
Step 1 ndash Go to httpswwwgstgovin and click onldquoRegister Nowrdquo tab
Step 2 ndash Select ldquoNew registrationrdquo and fill the followingdetails
bull Select ldquoTaxpayerrdquo under drop down I am a_____
bull Select State and District
bull Enter Legal name of the Business asmentioned in the PAN
bull Enter Permanent Account Number (PAN)
bull Enter a valid e-mail address and Mobilenumber to receive the OTP
bull Type the character shown in the image andclick on proceed
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
- cover
- 1
- 2
- 3
- 4
- 5
- 6
- 7
-
Registration Compliances 11
Step 3 ndash Enter the OTP received on the registered e-mailaddress and Mobile number and click onContinue button
Handbook on GST Compliances12
Step 4 ndash After verification of OTP TemporaryReference Number (TRN) will be generatedand sent to registered email address and Mobilenumber
Step 5 ndash Go to httpswwwgstgovin and selectTemporary Reference Number (TRN) Enterthe TRN received in Step 4 enter the Captchacode and click on Proceed button
Registration Compliances 13
Step 6 ndash An OTP will be sent to registered e-mail addressand Mobile Number Verify the OTP andProceed
Step 7 ndash In the Dashboard status of application is indraft mode Click on Edit icon to fill the furtherdetails
Handbook on GST Compliances14
Step 8 ndash Fill the details asked in each tab and submitthe required documents
Step 9 ndash After filling the all the tabs go to the verificationpage tick on the declaration statement andsubmit the application using any of thefollowing options
bull DSC ndash Companies must submit theapplication using the DSC
bull E-Sign - OTP is sent to Aadhaar registeredMobile number
bull EVC ndash OTP is sent to registered Mobilenumber
Registration Compliances 15
Step 10 ndash After verification a ldquoSuccessrdquo message isdisplayed and Application Reference Number(ARN) is generated and sent to registered e-mailaddress and mobile number
Status of ARN can be checked on the GSTPortal
bull Verification of the Application and approval (Rule 9)
(1) The application shall be forwarded to the proper officerwho shall examine the application and theaccompanying documents and if the same are foundto be in order approve the grant of registration to theapplicant within a period of three working days fromthe date of submission of the application
Handbook on GST Compliances16
(2) Where the application submitted under rule 8 is foundto be deficient either in terms of any information orany document required to be furnished under the saidrule or where the proper officer requires anyclarification with regard to any information providedin the application or documents furnished therewithhe may issue a notice to the applicant electronically inFORM GST REG-03 within a period of threeworking days from the date of submission of theapplication and the applicant shall furnish suchclarification information or documents electronicallyin FORM GST REG-04 within a period of sevenworking days from the date of the receipt of such notice
Explanation-For the purposes of this sub-rule theexpression ldquoclarificationrdquo includes modification orcorrection of particulars declared in the applicationfor registration other than Permanent AccountNumber State mobile number and e-mail addressdeclared in Part A of FORM GST REG-01
(3) Where the proper officer is satisfied with theclarification information or documents furnished bythe applicant he may approve the grant of registrationto the applicant within a period of seven working daysfrom the date of the receipt of such clarification orinformation or documents
(4) Where no reply is furnished by the applicant inresponse to the notice issued under sub-rule (2) orwhere the proper officer is not satisfied with theclarification information or documents furnished heshall for reasons to be recorded in writing reject suchapplication and inform the applicant electronically inFORM GST REG-05
(5) If the proper officer fails to take any action-
(a) within a period of three working days from thedate of submission of the applicationor
Registration Compliances 17
(b) within a period of seven working days from thedate of the receipt of the clarificationinformation or documents furnished by theapplicant under sub-rule (2)the application f o rgrant of registration shall be deemed to have beenapproved
bull Issue of Registration Certificate (Rule 10)
(1) Subject to the provisions of sub-section (12) of section25 where the application for grant of registration hasbeen approved under rule 9 a certificate of registrationin FORM GST REG-06 showing the principal placeof business and additional place or places of businessshall be made available to the applicant on the commonportal and a Goods and Services Tax IdentificationNumber shall be assigned subject to the followingcharacters namely-
(a) two characters for the State code
(b) ten characters for the Permanent Account Numberor the Tax Deduction and Collection AccountNumber
(c) two characters for the entity code and
(d) one checksum character
(2) The registration shall be effective from the date onwhich the person becomes liable to registration wherethe application for registration has been submittedwithin a period of thirty days from such date
(3) Where an application for registration has beensubmitted by the applicant after the expiry of thirtydays from the date of his becoming liable toregistration the effective date of registration shall bethe date of the grant of registration under sub-rule (1)or sub-rule (3) or sub-rule (5) of rule9
(4) Every certificate of registration shall be [duly signed
Handbook on GST Compliances18
or verified through electronic verification code] by theproper officer under the Act
(5) Where the registration has been granted under sub-rule (5) of rule 9 the applicant shall be communicatedthe registration number and the certificate ofregistration under sub-rule (1) duly signed or verifiedthrough electronic verification code shall be madeavailable to him on the common portal within aperiod of three days after the expiry of the periodspecified in sub-rule (5) of rule 9
bull Separate registration for multiple business verticals within aState or a Union territory (Rule 11)
(1) Any person having multiple business verticals withina State or a Union territory requiring a separateregistration for any of its business verticals under sub-section (2) of section 25 shall be granted separateregistration in respect of each of the verticals subjectto the following conditions namely-
(a) such person has more than one business vertical asdefined in clause (18) of section2
(b) the business vertical of a taxable person shall notbe granted registration to pay tax under section10 if any one of the other business verticals of thesame person is paying tax under section 9
(c) all separately registered business verticals of suchperson shall pay tax under the Act on supply ofgoods or services or both made to anotherregistered business vertical of such person andissue a tax invoice for such supply
Explanation- For the purposes of clause (b) it ishereby clarified that where any business verticalof a registered person that has been granted aseparate registration becomes ineligible to pay taxunder section 10 all other business verticals of the
Registration Compliances 19
said person shall become ineligible to pay tax underthe said section
(2) A registered person eligible to obtain separateregistration for business verticals may submit aseparate application in FORM GST REG-01 in respectof each such vertical
(3) The provisions of rule 9 and rule 10 relating to theverification and the grant of registration shall mutatismutandis apply to an application submitted underthis rule
bull Display of registration certificate and Goods and ServicesTax Identification Number on the name board (Rule 18)
(1) Every registered person shall display his certificate ofregistration in a prominent location at his principalplace of business and at every additional place orplaces of business
(2) Every registered person shall display his Goods andServices Tax Identification Number on the nameboard exhibited at the entry of his principal place ofbusiness and at every additional place or places ofbusiness
bull Amendment of Registration (Rule 19)
(1) Where there is any change in any of the particularsfurnished in the application for registration in FORMGST REG-01 or FORM GST REG-07 or FORMGST REG-09 or FORM GST REG-10 or for UniqueIdentity Number in FORM GST-REG-13either at thetime of obtaining registration or Unique IdentityNumber or as amended from time to time theregistered person shall within a period of fifteen daysof such change submit an application duly signed orverified through electronic verification codeelectronically in FORM GST REG-14 along with thedocuments relating to such change at the common
Handbook on GST Compliances20
portal either directly or through a Facilitation Centrenotified by the Commissioner
Provided that ndash
(a) where the change relates to-
(i) legal name of business
(ii) address of the principal place of business orany additional place(s) of business or
(iii) addition deletion or retirement of partners ordirectors Karta Managing Committee Boardof Trustees Chief Executive Officer orequivalent responsible for the day to day affairsof the business-
which does not warrant cancellation of registrationunder section 29 the proper officer shall after dueverification approve the amendment within aperiod of fifteen working days from the date ofthe receipt of the application in FORM GST REG-14 and issue an order in FORM GST REG-15electronically and such amendment shall take effectfrom the date of the occurrence of the eventwarranting such amendment
(b) the change relating to sub-clause (i) and sub-clause(iii) of clause (a) in any State or Union territoryshall be applicable for all registrations of theregistered person obtained under the provisions ofthis Chapter on the same Permanent AccountNumber
(c) where the change relates to any particulars otherthan those specified in clause (a) the certificate ofregistration shall stand amended upon submissionof the application in FORM GST REG- 14 onthe common portal
(d) where a change in the constitution of any business
Registration Compliances 21
results in the change of the Permanent AccountNumber of a registered person the said personshall apply for fresh registration in FORM GSTREG-01
Provided further that any change in the mobilenumber or e-mail address of the authorisedsignatory submitted under this rule as amendedfrom time to time shall be carried out only afteronline verification through the common portal inthe manner provided under [sub-rule (2) of rule8]
(1A) Notwithstanding anything contained in sub-rule (1)any particular of the application for registration shallnot stand amended with effect from a date earlier thanthe date of submission of the application in FORMGST REG-14 on the common portal except with theorder of the Commissioner for reasons to be recordedin writing and subject to such conditions as theCommissioner may in the said order specify
(2) Where the proper officer is of the opinion that theamendment sought under sub-rule (1) is either notwarranted or the documents furnished therewith areincomplete or incorrect he may within a period offifteen working days from the date of the receipt ofthe application in FORM GST REG-14 serve a noticein FORM GST REG-03 requiring the registeredperson to show cause within a period of sevenworking days of the service of the said notice as towhy the application submitted under sub-rule (1) shallnot be rejected
(3) The registered person shall furnish a reply to the noticeto show cause issued under sub-rule (2) in FORMGST REG-04 within a period of seven working daysfrom the date of the service of the said notice
(4) Where the reply furnished under sub-rule (3) is found
Handbook on GST Compliances22
to be not satisfactory or where no reply is furnished inresponse to the notice issued under sub-rule (2) withinthe period prescribed in sub-rule (3) the proper officershall reject the application submitted under sub-rule(1) and pass an order in FORM GST REG -05
(5) If the proper officer fails to take any action-
(a) within a period of fifteen working days from thedate of submission of the application or
(b) within a period of seven working days from thedate of the receipt of the reply to the notice to showcause under sub-rule(3) the certificate ofregistration shall stand amended to the extentapplied for and the amended certificate shall bemade available to the registered person on thecommon portal
bull Application for cancellation of registration (Rule 20)
A registered person other than a person to whom aregistration has been granted under rule 12 or a person towhom a Unique Identity Number has been granted underrule 17 seeking cancellation of his registration us 29(1)shall electronically submit an application in FORM GSTREG-16 including therein the details of inputs held instock or inputs contained in semi-finished or finishedgoods held in stock and of capital goods held in stock onthe date from which the cancellation of registration issought liability thereon the details of the payment ifany made against such liability and may furnish alongwith the application relevant documents in supportthereof at the common portal within a period of thirtydays of the occurrence of the event warranting thecancellation either directly or through a FacilitationCentre notified by the Commissioner
[Provided that no application for the cancellation ofregistration shall be considered in case of a taxable person
Registration Compliances 23
who has registered voluntarily before the expiry of aperiod of one year from the effective date of registration]Deleted wef 23-01-2018
bull Procedure for Cancellation of Registration (Rule 22)
(1) Where the proper officer has reasons to believe thatthe registration of a person is liable to be cancelledunder section 29 he shall issue a notice to such personin FORM GST REG-17 requiring him to show causewithin a period of seven working days from the dateof the service of such notice as to why his registrationshall not be cancelled
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REGndash18 withinthe period specified in the said sub-rule
(3) Where a person who has submitted an application forcancellation of his registration is no longer liable tobe registered or his registration is liable to be cancelledthe proper officer shall issue an order in FORM GSTREG-19 within a period of thirty days from the dateof application submitted under rule 20 or as the casemay be the date of the reply to the show cause issuedunder sub-rule (1) cancel the registration with effectfrom a date to be determined by him and notify thetaxable person directing him to pay arrears of anytax interest or penalty including the amount liable tobe paid under sub-section (5) of section29
(4) Where the reply furnished under sub-rule (2) is found tobe satisfactory the proper officer shall drop theproceedings and pass an order in FORM GST REGndash20
(5) The provisions of sub-rule (3) shall mutatis mutandisapply to the legal heirs of a deceased proprietor as ifthe application had been submitted by the proprietorhimself
Handbook on GST Compliances24
bull Physical verification of business premises in certain cases
Where the proper officer is satisfied that the physicalverification of the place of business of a registered personis required after the grant of registration he may get suchverification done and the verification report along withthe other documents including photographs shall beuploaded in FORM GST REG-30 on the common portalwithin a period of fifteen working days following the dateof such verification
LET US RECAPITULATE
1 PAN based registration
2 State specific registration (business entities having separatebusiness verticals in a State may obtain separateregistration for each of its vertical)
3 Persons liable for registration- those who exceed thresholdlimit
bull Aggregate Turnover gt Rs 20 Lacs
bull Aggregate Turnover gt Rs 10 Lacs (in case of specialcategory states)
4 Compulsory registration in certain cases
bull Inter-State supplier
bull Casual Taxable Person
bull Person receiving supplies on which tax is payable byrecipient on reverse charge basis
bull Non-resident taxable persons
bull A person who supplies on behalf of some other taxableperson (ie an Agent of some Principal)
bull Person class of persons notified by the Central StateGovernment
Registration Compliances 25
5 Persons not liable for registration
bull Agriculturalist
bull Persons engaged exclusively in supply of whollyexempt goods services both
bull Persons engaged exclusively in supply of goodsservices both not liable to tax
6 List of important Forms
S No Name of Form Description
1 Form GST REG-01 Application for Registration
2 Form GST REG-02 Acknowledgment to the Applicant
3 Form GST REG-03 Notice for Seeking AdditionalInformation Clarification Documents relating to Application for( R e g i s t r a t i o n A m e n d m e n t Cancellation )
4 Form GST REG-04 Clarificationadditional informationdocument for ltgt by Applicant
5 Form GST REG-05 Order of Rejection of Application forlt R e g i s t r a t i o n A m e n d m e n t Cancellationgt
6 Form GST REG-06 Registration Certificate
7 Form GST REG-07 Application for Registration as TaxDeductor at source (us 51) or TaxCollector at source (us 52)
8 Form GST REG-08 Order of Cancellation of Registrationas Tax Deductor at source or TaxCollector at source
Handbook on GST Compliances26
9 Form GST REG-09 Application for Registration of NonResident Taxable Person
10 Form GST REG-10 Application for registration of personsupplying online information and database access or retrieval services from aplace outside India to a person in Indiaother than a registered person
11 Form GST REG-11 Application for extension ofregistration period by casual non-resident taxable person
12 Form GST REG-12 Order of Grant of TemporaryRegistration Suo Moto Registration
13 Form GST REG-13 ApplicationForm for grant of UniqueIdentity Number to UN Bodies Embassies others
14 Form GST REG-14 Application for Amendment inRegistration Particulars (For all typesof registered persons)
15 Form GST REG-15 Order of Amendment
16 Form GST REG-16 Application for Cancellation ofRegistration
17 Form GST REG -17 Show Cause Notice for Cancellation ofRegistration
18 Form GST REG- 18 Reply to the Show Cause Notice issuedfor cancellation for registration
19 Form GST REG-19 Order for Cancellation of Registration
20 Form GST REG-20 Order for dropping the proceedings forcancellation of registration
Registration Compliances 27
21 Form GST REG-21 Application for Revocation ofCancellation of Registration
22 Form GST REG-22 Order for revocation of cancellation ofregistration
23 Form GST REG-23 Show Cause Notice for rejection ofapplication for revocation ofcancellation of registration
24 Form GST REG-24 Reply to the notice for rejection ofapplication for revocation ofcancellation of registration
25 Form GST REG-25 Certificate of Provisional Registration
26 Form GST REG-26 Application for Enrolment of ExistingTaxpayer
27 Form GST REG-27 Show Cause Notice for cancellation ofprovisional registration
28 Form GST REG-28 Order for cancellation of provisionalregistration
29 Form GST REG-29 Application for cancellation ofprovisional registration
30 Form GST REG-30 Form for Field Visit Report
TAX INVOICE
bull Who will issue Tax Invoice
o In case of Goods
Every registered person supplying taxable goods shallbefore or at the time of removal of goods for supply torecipient or delivery of goods or making available thereofto the recipient issue a tax invoice showing thedescription quantity and value of goods tax charged andsuch other particulars as prescribed [Section 31 (1) ofCGST Act 2017]
o In case of Services
A registered person supplying taxable services shall beforeor after the provision of service but within 30 days fromthe date of supply of services (45 days in case of InsurerBanking Company Financial Institution or NBFC) issuea tax invoice [Section 31 (2) of CGST Act 2017]
bull Manner of issuing Tax Invoice
In case of Manner of issuing Tax Invoice
Goods In triplicate ndash
(a) Original for Recipient
(b) Duplicate for Transporter and
Compliance Relatedto Invoices amp Other
Documents
28
Compliance Related to Invoices amp Other Documents 29
(c) Triplicate for Supplier
Services In duplicate ndash
(a) Original for Recipient
(b) Duplicate for Supplier
bull Requirement for number of HSN digit to be mentioned inthe Invoice
A registered person having annual turnover in the precedingfinancial year as mention below shall mention the digits ofHarmonised System of Nomenclature (HSN) Code in a taxinvoice issued by him as below
Annual turnover in the preceding Number of HSN Code requiredFinancial Year to be mentioned in Tax Invoice
Upto Rs 15 Crore Nil
More than Rs 15 Crorebut upto Rs 5 Crore 2
More than Rs 5 Crore 4
bull Contents of Tax Invoice
Rule 46 of CGST Rules 2017 defined the followingparameters to be included in a Tax Invoice
(a) Name address and Goods and Services Tax IdentificationNumber of the supplier
(b) A consecutive serial number not exceeding sixteencharacters in one or multiple series containing alphabetsor numerals or special characters hyphen or dash and slashsymbolised as ldquo-rdquo and ldquordquo respectively and anycombination thereof unique for a financial year
(c) Date of its issue
Handbook on GST Compliances30
(d) Name address and Goods and Services Tax IdentificationNumber or Unique Identity Number if registered of therecipient
(e) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is fifty thousand rupees or more
(f) Name and address of the recipient and the address ofdelivery along with the name of the State and its code ifsuch recipient is un-registered and where the value of thetaxable supply is less than fifty thousand rupees and therecipient requests that such details be recorded in the taxinvoice
(g) Harmonised System of Nomenclature code for goods orservices
(h) Description of goods or services
(i) Quantity in case of goods and unit or Unique QuantityCode thereof
(j) Total value of supply of goods or services or both
(k) Taxable value of the supply of goods or services or bothtaking into account discount or abatement if any
(l) Rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(m)Amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(n) Place of supply along with the name of the State in thecase of a supply in the course of inter-State trade orcommerce
(o) Address of delivery where the same is different from theplace of supply
Compliance Related to Invoices amp Other Documents 31
(p) Whether the tax is payable on reverse charge basis and
(q) Signature or digital signature of the supplier or hisauthorised representative
bull Self Invoice
Where a registered is liable to pay tax under Reverse ChargeMechanism as mentioned in section 9(3) amp 9(4) of CGSTAct 2017 shall issue a Self Invoice further in case of value ofsupplies from unregistered suppliers exceed Rs 5000 per daythe registered person may issue a Consolidated Invoice at theend of the month for the aggregate supplies received from allthe suppliers
Other important points-
mdash A tax invoice is not required to be issued where value ofgoods or services or both supplied is less than Rs 200subject to following conditions
(a) the recipient is not registered and
(b) the recipient does not required a tax invoice
mdash In case of continuous supply of goods where successivestatements of accounts or successive payments areinvolved the invoice shall be issued before or at the timeeach such statement is issued or as the case may be eachsuch payment is received
mdash Export or Supplies to SEZ ndash under bond or under rebate ndashThe Invoice shall carry an endorsement ldquoSupply MeantFor ExportSupply To SEZ Unit or SEZ Developer forAuthorised Operations on Payment of Integrated Taxrdquo orldquoSupply Meant for ExportSupply to SEZ Unit or SEZDeveloper for Authorised Operations under Bond or Letterof Undertaking without Payment of Integrated Taxrdquo
mdash In case of continuous supply of services ndash
(a) where the due date of payment is ascertainable from
Handbook on GST Compliances32
the contract the invoice shall be issued on or beforethe due date of payment
(b) where the due date of payment is not ascertainablefrom the contract the invoice shall be issued before orat the time when the supplier of service receives thepayment
(c) where the payment is linked to the completion of anevent the invoice shall be issued on or before the dateof completion of that event
Compliance Related to Invoices amp Other Documents 33
DEBIT NOTECREDIT NOTEREVISED INVOICE
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found tobe less than the taxable value or tax charged the registeredperson shall issue a debit note or supplementary invoice[Section 34 (3) of CGST Act 2017]
bull Where a tax invoice is issued for supply of any goods orservices and the taxable value or tax charged is found toexceed the taxable value or tax charged or where the goodssupplied are returned by recipient or where goods orservices supplied are found to be deficient the registeredperson may issue a credit note (Section 34 (1) of CGSTAct 2017)
bull Contents of DebitCredit Note or Revised Tax Invoice ndash Rule53 of CGST Rules 2017 defined the following parametersto be included in a DebitCredit Note or Revised TaxInvoice
(a) the word ldquoRevised Invoicerdquo wherever applicableindicated prominently
(b) name address and Goods and Services TaxIdentification Number of the supplier
(c) nature of the document
(d) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(e) date of issue of the document
(f) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
Handbook on GST Compliances34
(g) name and address of the recipient and the address ofdelivery along with the name of State and its code ifsuch recipient is un-registered
(h) serial number and date of the corresponding taxinvoice or as the case maybe bill of supply
(i) value of taxable supply of goods or services rate oftax and the amount of the tax credited or as the casemay be debited to the recipient and
(j) signature or digital signature of the supplier or hisauthorised representative
BILL OF SUPPLY
bull A registered person supplying exempted goods or servicesor both or paying tax under the provisions of section 10shall issue instead of a tax invoice a bill of supplycontaining such particulars and in such manner as maybe prescribed However the registered person may notissue a bill of supply if the value of the goods or servicesor both supplied is less than Rs 200 [Section 31 (3) (c) ofCGST Act 2017]
bull Invoice cum Bill of Supply (Rule 46A of CGST Rules2017) - where a registered person is supplying taxable aswell as exempted goods or services or both to anunregistered person a single ldquoinvoice-cum-bill of supplyrdquomay be issued for all such supplies
bull Contents of Bill of Supply ndash Rule 49 of CGST Rules 2017defined the following parameters to be included in a Billof Supply
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen or
Compliance Related to Invoices amp Other Documents 35
dash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) Date of its issue
(d) Name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) Harmonised System of Nomenclature Code for goodsor services
(f) Description of goods or services or both
(g) Value of supply of goods or services or both takinginto account discount or abatement if any and
(h) Signature or digital signature of the supplier or hisauthorised representative
RECEIPT VOUCHER
bull A registered person shall on receipt of advance paymentwith respect to any supply of goods or services or bothissue a receipt voucher or any other document evidencingreceipt of such payment[Section 31 (3) (d) of CGST Act2017]
bull Where at the time of receipt of advance ndash
(i) The tax rate is not determinable the tax shall be paidat the rate of 18
(ii) The nature of supply is not determinable the sameshall be treated as inter-state supply
bull Contents of Receipt Voucher ndash Rule 50 of CGST Rules 2017defined the following parameters to be included in aReceipt Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
Handbook on GST Compliances36
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) description of goods or services
(f) amount of advance taken
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax charged in respect of taxable goods orservices (central tax State tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supply in the course of inter-Statetrade or commerce
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
REFUND VOUCHER
bull Where on receipt of advance payment with respect toany supply of goods or services or both the registeredperson issues a receipt voucher but subsequently no supplyis made and no tax invoice is issued in pursuance thereofthe said registered person may issue to the person whohad made the payment a refund voucher against suchpayment [Section 31 (3) (e) of CGST Act 2017]
bull Contents of Refund Voucher ndash Rule 51 of CGST Rules 2017
Compliance Related to Invoices amp Other Documents 37
defined the following parameters to be included in aRefund Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquorespectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number or Unique Identity Numberif registered of the recipient
(e) number and date of receipt voucher issued inaccordance with the provisions of rule 50
(f) description of goods or services in respect of whichrefund is made
(g) amount of refund made
(h) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(i) amount of tax paid in respect of such goods or services(central tax State tax integrated tax Union territorytax or cess)
(j) whether the tax is payable on reverse charge basis and
(k) signature or digital signature of the supplier or hisauthorised representative
PAYMENT VOUCHER
bull A registered person who is liable to pay tax under Reverse
Handbook on GST Compliances38
Charge Mechanism shall issue a payment voucher at thetime of making payment to the supplier[Section 31 (3)(g) of CGST Act 2017]
bull Contents of Payment Voucher ndash Rule 52 of CGST Rules2017 defined the following parameters to be included in aPayment Voucher
(a) name address and Goods and Services TaxIdentification Number of the supplier if registered
(b) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters hyphen ordash and slash symbolised as ldquo-rdquo and ldquordquo respectivelyand any combination thereof unique for a financialyear
(c) date of its issue
(d) name address and Goods and Services TaxIdentification Number of the recipient
(e) description of goods or services
(f) amount paid
(g) rate of tax (central tax State tax integrated tax Unionterritory tax or cess)
(h) amount of tax payable in respect of taxable goods orservices (central taxState tax integrated tax Unionterritory tax or cess)
(i) place of supply along with the name of State and itscode in case of a supplyin the course of inter-Statetrade or commerce and
(j) signature or digital signature of the supplier or hisauthorised representative
Compliance Related to Invoices amp Other Documents 39
TAX INVOICE IN SPECIAL CASES [Rule 54 of CGST Rules2017]
bull An Input Service Distributor invoice or as the case maybe an Input Service Distributor credit note issued by anInput Service Distributor shall contain the followingdetails-
a name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
b a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters- hyphenor dash and slash symbolised as ldquo-rdquo rdquo rdquo respectivelyand any combination thereof unique for a financialyear
c date of its issue
d name address and Goods and Services TaxIdentification Number of the recipient to whom thecredit is distributed
e amount of the credit distributed and
f signature or digital signature of the Input ServiceDistributor or his authorised representative
Provided that where the Input Service Distributor is anoffice of a banking company or a financial institutionincluding a non-banking financial company a tax invoiceshall include any document in lieu thereof by whatevername called whether or not serially numbered butcontaining the information as mentioned above
bull (A)A registered person having the same PAN and Statecode as an Input Service Distributor may issue aninvoice or as the case may be a credit or debit note totransfer the credit of common input services to the
Handbook on GST Compliances40
Input Service Distributor which shall contain thefollowing details-
(i) name address and Goods and Services TaxIdentification Number of the registered personhaving the same PAN and same State code as theInput Service Distributor
(ii) a consecutive serial number not exceeding sixteencharacters in one or multiple series containingalphabets or numerals or special characters -hyphen or dash and slash symbolised as ldquo-rdquo rdquo rdquorespectively and any combination thereof uniquefor a financial year
(iii) date of its issue
(iv) Goods and Services Tax Identification Number ofsupplier of common service and original invoicenumber whose credit is sought to be transferred tothe Input Service Distributor
(v) name address and Goods and Services TaxIdentification Number of the Input ServiceDistributor
(vi) taxable value rate and amount of the credit to betransferred and
(vii) signature or digital signature of the registeredperson or his authorised representative
(B) The taxable value in the invoice issued under clause(a) shall be the same as the value of the commonservices
bull Where the supplier of taxable service is an insurer or abanking company or a financial institution including anon-banking financial company the said supplier mayissue a consolidated tax invoice or any other document inlieu thereof by whatever name called for the supply of
Compliance Related to Invoices amp Other Documents 41
services made during a month at the end of the monthwhether issued or made available physically orelectronically whether or not serially numbered andwhether or not containing the address of the recipient oftaxable service but containing other information asmentioned under rule 46
bull Where the supplier of taxable service is a goods transportagency supplying services in relation to transportation ofgoods by road in a goods carriage the said supplier shallissue a tax invoice or any other document in lieu thereofby whatever name called containing the gross weight ofthe consignment name of the consigner and the consigneeregistration number of goods carriage in which the goodsare transported details of goods transported details ofplace of origin and destination Goods and Services TaxIdentification Number of the person liable for paying taxwhether as consigner consignee or goods transportagency and also containing other information asmentioned under rule 46
bull Where the supplier of taxable service is supplyingpassenger transportation service a tax invoice shall includeticket in any form by whatever name called whether ornot serially numbered and whether or not containing theaddress of the recipient of service but containing otherinformation as mentioned under rule 46
TRANSPORTATION OF GOODS WITHOUT ISSUE OFINVOICE [Rule 55 of CGST Rules 2017]
bull For the purposes of-
a supply of liquid gas where the quantity at the time ofremoval from the place of business of the supplier isnot known
b transportation of goods for job work
c transportation of goods for reasons other than by wayof supply or
Handbook on GST Compliances42
d such other supplies as may be notified by the Boardthe consigner may issue a delivery challan seriallynumbered not exceeding sixteen characters in one ormultiple series in lieu of invoice at the time of removalof goods for transportation containing the followingdetails namely-
(i) date and number of the delivery challan
(ii) name address and Goods and Services TaxIdentification Number of the consigner ifregistered
(iii) name address and Goods and Services TaxIdentification Number or Unique Identity Numberof the consignee if registered
(iv) Harmonised System of Nomenclature code anddescription of goods
(v) quantity (provisional where the exact quantitybeing supplied is not known)
(vi) taxable value
(vii) tax rate and tax amount ndash central tax State taxintegrated tax Union territory tax or cess wherethe transportation is for supply to the consignee
(viii) place of supply in case of inter-State movementand
(ix) signature
bull The delivery challan shall be prepared in triplicate in caseof supply of goods in the following manner namelyndash
a the original copy being marked as ORIGINAL FORCONSIGNEE
b the duplicate copy being marked as DUPLICATEFOR TRANSPORTER and
Compliance Related to Invoices amp Other Documents 43
c the triplicate copy being marked as TRIPLICATEFOR CONSIGNER
bull Where goods are being transported on a delivery challanin lieu of invoice the same shall be declared as specifiedin rule 138
bull Where the goods being transported are for the purpose ofsupply to the recipient but the tax invoice could not beissued at the time of removal of goods for the purpose ofsupply the supplier shall issue a tax invoice after deliveryof goods
bull Where the goods are being transported in a semi knockeddown or completely knocked down condition -
a the supplier shall issue the complete invoice beforedispatch of the first consignment
b the supplier shall issue a delivery challan for each of thesubsequent consignments giving reference of the invoice
c each consignment shall be accompanied by copies ofthe corresponding delivery challan along with a dulycertified copy of the invoice and
d the original copy of the invoice shall be sent along withthe last consignment
TAX INVOICE OR BILL OF SUPPLY TO ACCOMPANYTRANSPORT OF GOODS[Rule 55A of CGST Rules 2017]
bull The person-in-charge of the conveyance shall carry a copyof the tax invoice or the bill of supply issued in accordancewith the provisions of rules 46 46A or 49 in a case wheresuch person is not required to carry an e-way bill underthese rules
LET US RECAPITULATE
1 Who can raise a tax invoice
bull Registered person supplying taxable goods or services
Handbook on GST Compliances44
bull Registered person receiving taxable goods or services fromunregistered supplier
2 Time limit for issuance of invoice
bull Goods
mdash Involving movement of goods- at the time of removal
mdash No movement of goods- at the time of delivery
bull Services
mdash Other than insurance banking- within 30 days fromthe supply of services
mdash Insurance banking- within 45 days from the supplyof services
3 Manner of issuance of tax invoice
bull Goods ndash in Triplicate
bull Service ndashin Duplicate
4 HSN on Invoice
Annual turnover HSN Digit required on Invoice
Upto Rs 15 Crore Nil
Rs 15 Crore to Rs 5 Crore 2
More than Rs 5 Crore 4
5 No Tax Invoice for amount less than Rs 200
6 Bill of Supply ndash In cases of exempted supplies and forComposition Dealers
ACCOUNTS AND OTHER RECORDS
bull Maintenance of Records at Principal Place of Business
Every registered person shall keep and maintain at hisprincipal place of business as mentioned in the certificateof registration a true and correct account ofmdash[Section35(1) of CGST Act 2017]
(a) production or manufacture of goods
(b) inward and outward supply of goods or services orboth
(c) stock of goods
(d) input tax credit availed
(e) output tax payable and paid and
(f) such other particulars as may be prescribed
bull More than one place of business
Where more than one place of business is specified in thecertificate of registration the accounts relating to eachplace of business shall be kept at such places of business[First proviso to section 35(1) of CGST Act 2017]
bull Maintenance of accounts by registered persons [Rule56 of CGST Rules 2017]
(1) Every registered person shall keep and maintain in
Accounts amp Records
45
Handbook on GST Compliances46
addition to the particulars mentioned in sub-section(1) of section 35 a true and correct account of thegoods or services imported or exported or of suppliesattracting payment of tax on reverse charge along withthe relevant documents including invoices bills ofsupply delivery challans credit notes debit notesreceipt vouchers payment vouchers and refundvouchers
(2) Every registered person other than a person payingtax under section 10 shall maintain the accounts ofstock in respect of goods received and supplied by himand such accounts shall contain particulars of theopening balance receipt supply goods lost stolendestroyed written off or disposed of by way of gift orfree sample and the balance of stock including rawmaterials finished goods scrap and wastage thereof
(3) Every registered person shall keep and maintain aseparate account of advances received paid andadjustments made thereto
(4) Every registered person other than a person payingtax under section 10 shall keep and maintain anaccount containing the details of tax payable(including tax payable in accordance with theprovisions of sub-section (3) and sub-section (4) ofsection 9) tax collected and paid input tax input taxcredit claimed together with a register of tax invoicecredit notes debit notes delivery challan issued orreceived during any tax period
(5) Every registered person shall keep the particulars of -
a names and complete addresses of suppliers fromwhom he has received the goods or serviceschargeable to tax under the Act
b names and complete addresses of the persons towhom he has supplied goods or services whererequired under the provisions of this Chapter
Accounts amp Records 47
c the complete address of the premises where goodsare stored by him including goods stored duringtransit along with the particulars of the stock storedtherein
(6) If any taxable goods are found to be stored at anyplace(s) other than those declared under sub-rule (5)without the cover of any valid documents the properofficer shall determine the amount of tax payable onsuch goods as if such goods have been supplied by theregistered person
(7) Every registered person shall keep the books of accountat the principal place of business and books of accountrelating to additional place of business mentioned inhis certificate of registration and such books of accountshall include any electronic form of data stored onany electronic device
(8) Any entry in registers accounts and documents shallnot be erased effaced or overwritten and all incorrectentries otherwise than those of clerical nature shallbe scored out under attestation and thereafter thecorrect entry shall be recorded and where the registersand other documents are maintained electronically alog of every entry edited or deleted shall be maintained
(9) Each volume of books of account maintainedmanually by the registered person shall be seriallynumbered
(10) Unless proved otherwise if any documents registersor any books of account belonging to a registered personare found at any premises other than those mentionedin the certificate of registration they shall be presumedto be maintained by the said registered person
(11) Every agent referred to in clause (5) of section 2 shallmaintain accounts depicting the-
a particulars of authorisation received by him from
Handbook on GST Compliances48
each principal to receive or supply goods or serviceson behalf of such principal separately
b particulars including description value andquantity (wherever applicable) of goods or servicesreceived on behalf of every principal
c particulars including description value andquantity (wherever applicable) of goods or servicessupplied on behalf of every principal
d details of accounts furnished to every principaland
e tax paid on receipts or on supply of goods orservices effected on behalf of every principal
(12) Every registered person manufacturing goods shallmaintain monthly production accounts showingquantitative details of raw materials or services usedin the manufacture and quantitative details of thegoods so manufactured including the waste and byproducts thereof
(13) Every registered person supplying services shallmaintain the accounts showing quantitative details ofgoods used in the provision of services details of inputservices utilised and the services supplied
(14) Every registered person executing works contract shallkeep separate accounts for works contract showing ndash
a the names and addresses of the persons on whosebehalf the works contract is executed
b description value and quantity (whereverapplicable) of goods or services received for theexecution of works contract
c description value and quantity (whereverapplicable) of goods or services utilized in theexecution of works contract
Accounts amp Records 49
d the details of payment received in respect of eachworks contract and
e the names and addresses of suppliers from whomhe received goods or services
(15) The records under the provisions of this Chapter maybe maintained in electronic form and the record somaintained shall be authenticated by means of a digitalsignature
(16) Accounts maintained by the registered person togetherwith all the invoices bills of supply credit and debitnotes and delivery challans relating to stocksdeliveries inward supply and outward supply shall bepreserved for the period as provided in section 36 andshall where such accounts and documents aremaintained manually be kept at every related place ofbusiness mentioned in the certificate of registrationand shall be accessible at every related place of businesswhere such accounts and documents are maintaineddigitally
(17) Any person having custody over the goods in thecapacity of a carrier or a clearing and forwarding agentfor delivery or dispatch thereof to a recipient on behalfof any registered person shall maintain true andcorrect records in respect of such goods handled byhim on behalf of such registered person and shallproduce the details thereof as and when required bythe proper officer
(18) Every registered person shall on demand produce thebooks of accounts which he is required to maintainunder any law for the time being in force
bull Generation and maintenance of electronic records[Rule57 of CGST Rules 2017]
(1) Proper electronic back-up of records shall bemaintained and preserved in such manner that in the
Handbook on GST Compliances50
event of destruction of such records due to accidentsor natural causes the information can be restoredwithin a reasonable period of time
(2) The registered person maintaining electronic recordsshall produce on demand the relevant records ordocuments duly authenticated by him in hard copyor in any electronically readable format
(3) Where the accounts and records are storedelectronically by any registered person he shall ondemand provide the details of such files passwordsof such files and explanation for codes used wherenecessary for access and any other information whichis required for such access along with a sample copyin print form of the information stored in such files
bull Maintenance of records by the WarehouseGodownOwner[Section 35(2) of CGST Act 2017]
Every owner or operator of warehouse or godown or anyother place used for storage of goods and everytransporter irrespective of whether he is a registeredperson or not shall maintain records of the consignerconsignee and other relevant details of the goods in suchmanner as may be prescribed
bull Records to be maintained by owner or operator ofgodown or warehouse and transporters[Rule 58 ofCGST Rules 2017]
(1) Every person required to maintain records andaccounts in accordance with the provisions of sub-section (2) of section 35 if not already registered underthe Act shall submit the details regarding his businesselectronically on the common portal in FORM GSTENR-01either directly or through a FacilitationCentre notified by the Commissioner and uponvalidation of the details furnished a unique enrolmentnumber shall be generated and communicated to thesaid person
Accounts amp Records 51
(1A) For the purposes of Chapter XVI of these rules atransporter who is registered in more than one Stateor Union Territory having the same PermanentAccount Number he may apply for a unique commonenrolment number by submitting the details in FORMGST ENR-02 using any one of his Goods and ServicesTax Identification Numbers and upon validation ofthe details furnished a unique common enrolmentnumber shall be generated and communicated to thesaid transporter
Provided that where the said transporter has obtaineda unique common enrolment number he shall not beeligible to use any of the Goods and Services TaxIdentification Numbers for the purposes of the saidChapter XVI
(2) The person enrolled under sub-rule (1) as aforesaid inany other State or Union territory shall be deemed tobe enrolled in the State or Union territory
(3) Every person who is enrolled under sub-rule (1) shallwhere required amend the details furnished in FORMGST ENR-01 electronically on the common portaleither directly or through a Facilitation Centre notifiedby the Commissioner
(4) Subject to the provisions of rule 56-
(a) any person engaged in the business of transportinggoods shall maintain records of goods transporteddelivered and goods stored in transit by him alongwith the Goods and Services Tax IdentificationNumber of the registered consigner and consigneefor each of his branches
(b) every owner or operator of a warehouse or godownshall maintain books of accounts with respect tothe period for which particular goods remain inthe warehouse including the particulars relating
Handbook on GST Compliances52
to dispatch movement receipt and disposal ofsuch goods
(5) The owner or the operator of the godown shall storethe goods in such manner that they can be identifieditem-wise and owner-wise and shall facilitate anyphysical verification or inspection by the proper officeron demand
bull Audit of Accounts
Every registered person whose turnover during a financialyear exceeds the prescribed limit (Rs 2 crore) shall get hisaccounts audited by a chartered accountant or a costaccountant and shall submit a copy of the audited annualaccounts the reconciliation statement under sub-section(2) of section 44 and such other documents in such formand manner as may be prescribed [Section 35(5) of CGSTAct 2017]
bull Determination of tax liability in case of failure to maintainthe accounts
Subject to the provisions of clause (h) of sub-section (5)of section 17 where the registered person fails to accountfor the goods or services or both in accordance with theprovisions of sub-section (1) the proper officer shalldetermine the amount of tax payable on the goods orservices or both that are not accounted for as if such goodsor services or both had been supplied by such person andthe provisions of section 73 or section 74 as the case maybe shall mutatis mutandis apply for determination ofsuch tax [Section 35(6) of CGST Act 2017]
PERIOD OF RETENTION OF ACCOUNT
Every registered person required to keep and maintain books ofaccount or other records in accordance with the provisions ofsub-section (1) of section 35 shall retain them until the expiry ofseventy-two months from the due date of furnishing of annualreturn for the year pertaining to such accounts and records
Accounts amp Records 53
Provided that a registered person who is a party to an appeal orrevision or any other proceedings before any Appellate Authorityor Revisional Authority or Appellate Tribunal or court whetherfiled by him or by the Commissioner or is under investigationfor an offence under Chapter XIX shall retain the books ofaccount and other records pertaining to the subject matter ofsuch appeal or revision or proceedings or investigation for aperiod of one year after final disposal of such appeal or revisionor proceedings or investigation or for the period specified abovewhichever is later [Section 36 of CGST Act 2017]
LET US RECAPITULATE
bull Maintenance of accounts amp records by every registeredperson
bull Records to be maintained at each place of business
bull Each volume of books of accounts must be seriallynumbered
bull Every registered person manufacturing goods shallmaintain monthly production accounts
bull Every registered person executing works contract shall keepseparate accounts for works contract
bull Records may be maintained in electronic form and shallbe authenticated by means of a digital signature
bull Audit requirement where turnover exceeds Rs 2 crore
bull Audit can be done by a Chartered Accountant or a CostAccountant
bull Accounts must be retained for a period of 72 months
SELF-ASSESSMENT
Every registered person shall self-assess the taxes payable underthis Act and furnish a return for each tax period as specified undersection 39[Section 59 of CGST Act 2017]
PROVISIONAL ASSESSMENT IN GST
Introduction
A supplier will come to know the extent of his tax liability whichhas to be discharged on a continuous and regular basis only afterassessment Assessment means determination of tax liability andincludes self-assessment re-assessment provisional assessmentsummary assessment and best judgment assessment The majordeterminants of the tax liability are generally the applicable taxrate and the value There might be situations when thesedeterminants might not be readily ascertainable and may besubject to the outcome of a process that requires deliberationand time Hence like under the previous laws when due to variouscircumstances it might not be always possible at that point oftime to carry out an assessment and determine the exact dutyliability the GST law also provides for provisional assessment
The Asst CommissionerDy Commissioner of Central Taxprovisionally determines the amount of tax payable by thesupplier and is subject to final determination On provisionalassessment the supplier can pay tax on provisional basis but onlyafter he executes a bond with security binding them for payment
Assessment amp AuditCompliances
54
Assessment amp Audit Compliances 55
of the difference between the amounts of tax as may be finallyassessed and the amount of tax provisionally assessed Onfinalization of the provisional assessment any amount that hasbeen paid on the basis of such assessment is to be adjusted againstthe amount that has been finally determined as payable In caseof short payment the same has to be paid with interest and incase of excess payment the same will be refunded with interest
Section 60 of CGST Act 2017 provides
1 Subject to the provisions of sub-section (2) where thetaxable person is unable to determine the value of goodsor services or both or determine the rate of tax applicablethereto he may request the proper officer in writing givingreasons for payment of tax on a provisional basis and theproper officer shall pass an order within a period not laterthan ninety days from the date of receipt of such requestallowing payment of tax on provisional basis at such rateor on such value as may be specified by him
2 The payment of tax on provisional basis may be allowed ifthe taxable person executes a bond in such form as may beprescribed and with such surety or security as the properofficer may deem fit binding the taxable person for paymentof the difference between the amount of tax as may be finallyassessed and the amount of tax provisionally assessed
3 The proper officer shall within a period not exceedingsix months from the date of the communication of theorder issued under sub-section (1) pass the finalassessment order after taking into account suchinformation as may be required for finalizing theassessment
Provided that the period specified in this sub-section mayon sufficient cause being shown and for reasons to berecorded in writing be extended by the JointCommissioner or Additional Commissioner for a furtherperiod not exceeding six months and by the Commissionerfor such further period not exceeding four years
Handbook on GST Compliances56
4 The registered person shall be liable to pay interest on anytax payable on the supply of goods or services or bothunder provisional assessment but not paid on the due datespecified under sub-section (7) of section 39 or the rulesmade thereunder at the rate specified under sub-section(1) of section 50 from the first day after the due date ofpayment of tax in respect of the said supply of goods orservices or both till the date of actual Consumer paymentwhether such amount is paid before or after the issuanceof order for final assessment
5 Where the registered person is entitled to a refundconsequent to the order of final assessment under sub-section (3) subject to the provisions of sub-section (8) ofsection 54 interest shall be paid on such refund asprovided in section 56
Rule 98 of CGST Rules 2017 provides
1 Every registered person requesting for payment of tax ona provisional basis in accordance with the provisions ofsub-section (1) of section 60 shall furnish an applicationalong with the documents in support of his requestelectronically in FORM GST ASMT-01 on the commonportal either directly or through a Facilitation Centrenotified by the Commissioner
2 The proper officer may on receipt of the application undersub-rule (1) issue a notice in FORM GST ASMT-02requiring the registered person to furnish additionalinformation or documents in support of his request andthe applicant shall file a reply to the notice in FORM GSTASMT ndash 03 and may appear in person before the saidofficer if he so desires
3 The proper officer shall issue an order in FORM GSTASMT-04 allowing the payment of tax on a provisionalbasis indicating the value or the rate or both on the basisof which the assessment is to be allowed on a provisionalbasis and the amount for which the bond is to be executed
Assessment amp Audit Compliances 57
and security to be furnished not exceeding twenty-five percent of the amount covered under the bond
4 The registered person shall execute a bond in accordancewith the provisions of sub-section (2) of section 60 inFORM GST ASMT-05along with a security in the formof a bank guarantee for an amount as determined undersub-rule (3)
Provided that a bond furnished to the proper officer underthe State Goods and Services Tax Act or Integrated Goodsand Services Tax Act shall be deemed to be a bondfurnished under the provisions of the Act and the rulesmade there under
Explanation- For the purposes of this rule the expressionamount shall include the amount of integrated tax centraltax State tax or Union territory tax and cess payable inrespect of the transaction
5 The proper officer shall issue a notice in FORM GSTASMT-06 calling for information and records requiredfor finalization of assessment under sub-section (3) ofsection 60 and shall issue a final assessment orderspecifying the amount payable by the registered person orthe amount refundable if any in FORM GST ASMT-07
6 The applicant may file an application in FORM GSTASMT-08 for the release of the security furnished undersub-rule (4) after issue of the order under sub-rule (5)
7 The proper officer shall release the security furnished undersub-rule (4) after ensuring that the applicant has paid theamount specified in sub-rule (5) and issue an order inFORM GST ASMTndash09 within a period of seven workingdays from the date of the receipt of the application undersub-rule (6)
Conclusion
Provisional assessment provides a method for determining the
Handbook on GST Compliances58
tax liability in case the correct tax liability cannot be determinedat the time of supply The payment of provisional tax is allowedonly against a bond and security The provisional assessment hasto be finalized within six months unless extended Onfinalization the tax liability can either be more or less as comparedto the provisionally paid tax In case of increase in the tax liabilitythe difference is payable along with interest and in case of decreasein the tax liability the amount will be refunded with interest
SCRUTINY OF RETURNS
Section 61 of CGST Act 2017 provides
1 The proper officer may scrutinize the return and relatedparticulars furnished by the registered person to verify thecorrectness of the return and inform him of thediscrepancies noticed if any in such manner as may beprescribed and seek his explanation thereto
2 In case the explanation is found acceptable the registeredperson shall be informed accordingly and no further actionshall be taken in this regard
3 In case no satisfactory explanation is furnished within aperiod of thirty days of being informed by the properofficer or such further period as may be permitted by himor where the registered person after accepting thediscrepancies fails to take the corrective measure in hisreturn for the month in which the discrepancy is acceptedthe proper officer may initiate appropriate actionincluding those under section 65 or section 66 or section67 or proceed to determine the tax and other dues undersection 73 or section 74
Rule 99 of CGST Rules 2017 provides
1 Where any return furnished by a registered person isselected for scrutiny the proper officer shall scrutinize thesame in accordance with the provisions of section 61 withreference to the information available with him and incase of any discrepancy he shall issue a notice to the said
Assessment amp Audit Compliances 59
person in FORM GST ASMT-10 informing him of suchdiscrepancy and seeking his explanation thereto withinsuch time not exceeding thirty days from the date ofservice of the notice or such further period as may bepermitted by him and also where possible quantifyingthe amount of tax interest and any other amount payablein relation to such discrepancy
2 The registered person may accept the discrepancymentioned in the notice issued under sub-rule (1) andpay the tax interest and any other amount arising fromsuch discrepancy and inform the same or furnish anexplanation for the discrepancy in FORM GST ASMT-11 to the proper officer
3 Where the explanation furnished by the registered personor the information submitted under sub-rule (2) is foundto be acceptable the proper officer shall inform himaccordingly in FORM GST ASMT-12
ASSESSMENT OF NON-FILERS OF RETURNS
Section 62 of CGST Act 2017 provides
1 Notwithstanding anything to the contrary contained insection 73 or section 74 where a registered person fails tofurnish the return under section 39 or section 45 evenafter the service of a notice under section 46 the properofficer may proceed to assess the tax liability of the saidperson to the best of his judgement taking into accountall the relevant material which is available or which hehas gathered and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year towhich the tax not paid relates
2 Where the registered person furnishes a valid returnwithin thirty days of the service of the assessment orderunder sub-section (1) the said assessment order shall bedeemed to have been withdrawn but the liability for
Handbook on GST Compliances60
payment of interest under sub-section (1) of section 50 orfor payment of late fee under section 47 shall continue
Rule 100(1) of CGST Rules 2017 providesthe order ofassessment made under sub-section (1) of section 62 shallbe issued in FORM GST ASMT-13
ASSESSMENT OF UNREGISTERED PERSONS
Section 63 of CGST Act 2017 provides
Notwithstanding anything to the contrary contained in section73 or section 74 where a taxable person fails to obtain registrationeven though liable to do so or whose registration has beencancelled under sub-section (2) of section 29 but who was liableto pay tax the proper officer may proceed to assess the taxliability of such taxable person to the best of his judgment for therelevant tax periods and issue an assessment order within a periodof five years from the date specified under section 44 forfurnishing of the annual return for the financial year to whichthe tax not paid relates
Provided that no such assessment order shall be passed withoutgiving the person an opportunity of being heard
Rule 100(2) of CGST Rules 2017 provides the proper officershall issue a notice to a taxable person in accordance with theprovisions of section 63 in FORM GST ASMT-14 containingthe grounds on which the assessment is proposed to be made onbest judgment basis and after allowing a time of fifteen days tosuch person to furnish his reply if any pass an order in FORMGST ASMT-15
AUDIT BY TAX AUTHORITIES
Section 65 of CGST Act 2017 provides
1 The Commissioner or any officer authorised by him byway of a general or a specific order may undertake auditof any registered person for such period at such frequencyand in such manner as may be prescribed
Assessment amp Audit Compliances 61
2 The officers referred to in sub-section (1) may conductaudit at the place of business of the registered person orin their office
3 The registered person shall be informed by way of a noticenot less than fifteen working days prior to the conduct ofaudit in such manner as may be prescribed
4 The audit under sub-section (1) shall be completed withina period of three months from the date of commencementof the audit
Provided that where the Commissioner is satisfied thataudit in respect of such registered person cannot becompleted within three months he may for the reasonsto be recorded in writing extend the period by a furtherperiod not exceeding six months
Explanation ndashndash For the purposes of this sub-section theexpression ldquocommencement of auditrdquo shall mean the dateon which the records and other documents called for bythe tax authorities are made available by the registeredperson or the actual institution of audit at the place ofbusiness whichever is later
5 During the course of audit the authorised officer mayrequire the registered personmdash
(i) to afford him the necessary facility to verify the booksof account or other documents as he may require
(ii) to furnish such information as he may require andrender assistance for timely completion of the audit
6 On conclusion of audit the proper officer shall withinthirty days inform the registered person whose recordsare audited about the findings his rights and obligationsand the reasons for such findings
7 Where the audit conducted under sub-section (1) resultsin detection of tax not paid or short paid or erroneously
Handbook on GST Compliances62
refunded or input tax credit wrongly availed or utilisedthe proper officer may initiate action under section 73 orsection 74
Rule 101 of CGST Rules 2017 provides
1 the period of audit to be conducted under sub-section(1) of section 65 shall be a financial year or multiplesthereof
2 where it is decided to undertake the audit of a registeredperson in accordance with the provisions of section 65the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) ofthe said section
3 the proper officer authorised to conduct audit of therecords and the books of account of the registered personshall with the assistance of the team of officers andofficials accompanying him verify the documents on thebasis of which the books of account are maintained andthe returns and statements furnished under the provisionsof the Act and the rules made thereunder the correctnessof the turnover exemptions and deductions claimed therate of tax applied in respect of the supply of goods orservices or both the input tax credit availed and utilisedrefund claimed and other relevant issues and record theobservations in his audit notes
4 the proper officer may inform the registered person ofthe discrepancies noticed if any as observed in the auditand the said person may file his reply and the proper officershall finalise the findings of the audit after dueconsideration of the reply furnished
5 on conclusion of the audit the proper officer shall informthe findings of audit to the registered person in accordancewith the provisions of sub-section (6) of section 65 inFORM GST ADT-02
Assessment amp Audit Compliances 63
SPECIAL AUDIT IN GST
Introduction
GST is a trust based taxation regime wherein the assessee isrequired to self-assess his returns and determine tax liabilitywithout any intervention by the tax official Therefore a taxregime that relies on self-assessment has to put in place a robustaudit mechanism to measure and ensure compliance of theprovisions of law by the taxable person
ldquoAuditrdquo has been defined in section 2(13) of the CGST Act 2017and it means the examination of records returns and otherdocuments maintained or furnished by the registered person underthe GST Acts or the rules made thereunder or under any otherlaw for the time being in force to verify the correctness of turnoverdeclared taxes paid refund claimed and input tax credit availedand to assess his compliance with the provisions of the GSTActs or the rules made thereunder
Types of Audit
GST envisages three types of Audit The first audit is by achartered accountant or a cost accountant Every registeredperson whose aggregate turnover during a financial year exceedstwo crore rupees has to get his accounts audited by a charteredaccountant or a cost accountant and furnish a copy of auditedannual accounts and a reconciliation statement duly certifiedin FORM GSTR-9C
In the second type which is the normal audit the Commissioneror any officer authorised by him can undertake audit of anyregistered person for such period at such frequency and in suchmanner as may be prescribed
The third type of audit is called the Special Audit In SpecialAudit the registered person can be directed to get his recordsincluding books of account examined and audited by a charteredaccountant or a cost accountant during any stage of scrutinyinquiry investigation or any other proceedings depending uponthe complexity of the case
Handbook on GST Compliances64
Procedure
bull During the scrutiny inquiry investigation or any otherproceedings of a registered person the AssistantCommissioner or any officer senior to him having regardto the nature and complexity of the case and the interestof revenue might be of the opinion that the value has notbeen correctly declared or the credit availed is not withinthe normal limits
bull In such cases with the prior approval of theCommissioner the Assistant Commissioner or any officersenior to him can direct the registered person in FORMGST ADT-03 to get his records including books of accountexamined and audited by a specified chartered accountantor a cost accountant The chartered accountant or a costaccountant will be nominated by the Commissioner
bull The chartered accountant or cost accountant so nominatedhas to submit a report of such audit within the period ofninety days duly signed and certified by him to theAssistant Commissioner
bull On an application made by the registered person or thechartered accountant or cost accountant or for anymaterial and sufficient reason the AssistantCommissioner can extend the said period by a furtherperiod of ninety days
bull The provisions of special audit shall have effect even ifthe accounts of the registered person have been auditedunder any other provisions of the GST Act or any otherlaw for the time being in force
bull The registered person shall be given an opportunity ofbeing heard in respect of any material gathered on thebasis of special audit and which is proposed to be used inany proceedings against him under this Act or the rulesmade there under
bull The expenses of the examination and audit of records
Assessment amp Audit Compliances 65
including the remuneration of such chartered accountantor cost accountant shall be determined and paid by theCommissioner
bull On conclusion of the special audit the registered personshall be informed of the findings of the special audit inFORM GST ADT-04
bull Where the special audit results in detection of tax not paidor short paid or erroneously refunded or input tax creditwrongly availed or utilised the process of demand andrecovery will be initiated against the registered person
Conclusion
Special audit provides a lawful and legal way for the GST officersto take the assistance of a chartered accountant or costaccountant to determine tax liabilities in complex cases Theprofessional expertise of a chartered accountant or costaccountant will be of great significance in ensuring that theinterest of revenue is safeguarded at all times
LET US RECAPITULATE
mdash Types of Assessment under GST
bull Self Assessment - registered taxable person shall assess thetaxes payable by them on their own
bull Provisional Assessment - A registered taxpayer can requestthe officer for provisional assessment if he is unable todetermine the value of supply or rate of tax
bull Scrutiny Assessment - A GST officer can scrutinize thereturn to verify its correctness
bull Summary Assessment - Summary Assessment is done whenthe assessing officer comes across sufficient grounds tobelieve any delay in showing a tax liability can harm theinterest of the revenue
bull Best Judgement Assessment ndash Assessment made by properofficer to the best of his judgement
Handbook on GST Compliances66
o Assessment of non filers of GST return
o Assessment of unregistered person
mdash Types of Audit
bull General Audit ndash where turnover exceeds Rs 2 crore
bull Audit by Tax Authorities - Commissioner or any officerauthorised by him by way of a general or a specific ordermay undertake audit of any registered person
bull Special Audit ndash a registered person may be directed to gethis records including books of account examined andaudited by a chartered accountant or a cost accountantduring any stage of scrutiny inquiry investigation or anyother proceedings
mdash List of important forms
SlNo Particulars Name of the Who has toForm execute
1 Provisional Assessment FORM GST Registered dealerUs 60(1) ASMT-01 (RD) electronically
2 Notice of Proper Officer FORM GST Proper officerfor appearance ASMT-02
3 Reply to above notice FORM GST Registered dealerASMT-03 (RD)
4 Order by Proper officer FORM GST Proper officeron provisional assess- ASMT-04ment and requirementof bond
5 Execution of bond Us FORM GST Registered dealer60 (2) along with ASMT-05 (RD)security (BG)
Assessment amp Audit Compliances 67
6 Calling for informa- FORM GST Proper officertion and records for ASMT-06finalization of assess-ment Us 60(3)
7 Amount specified FORM GST Proper officerwhether payable or ASMT-07refundable by the(RD) if any
8 Application for release FORM GST Registered dealerof security ASMT-08 (RD)
9 Release security and FORM GST Proper officerissue Order within 7 ASMT-09days of receipt ofabove application
10 Notice of Scrutiny FORM GST Proper officerUs 61 in case of any ASMT-10discrepancies
11 Furnishing informa- FORM GST Registered dealertion against the notice ASMT-11 (RD)
12 Acceptance of infor- FORM GST Proper officermation ASMT-12
13 Order of Assessment FORM GST Proper officerUs 62(1) ASMT-13
14 Notice to Unregistered FORM GST Proper officerdealer Us 63 ASMT-14
15 Order on assessment FORM GST Proper officerand its grounds ASMT-15
16 Summary Assessment FORM GST Proper officerUs 64(1) ASMT-16
Handbook on GST Compliances68
17 Application for with- FORM GST Registered dealerdrawal of SA ASMT-17 (RD)
18 Order of withdrawal FORM GST Proper officeror rejection ASMT-18
19 Notice of Audit Us FORM GST Proper officer65 ADT-01
20 Findings of audit to FORM GST Proper officerthe RD ADT-02
21 Direction for Special FORM GST Proper officerAudit Us 66 ADT-03
22 On conclusions FORM GST Proper officerFinding of Special ADT-04audit to be informedto RD
GST RETURN MECHANISMS
Under GST a regular taxpayer needs to furnish monthly returnsand one annual return There are separate returns for a taxpayerregistered under the composition scheme non-resident taxpayertaxpayer registered as an Input Service Distributor a person liableto deduct or collect the tax (TDSTCS) a person granted UniqueIdentification Number Taxpayers are required to file returnsdepending on the activities they undertake The GST Councilhas however decided to ease the compliance requirements forsmall tax payers by allowing taxpayers with annual aggregateturnover up to Rs15 Crore to file details of outward supplies inFORM GSTR-1 on a quarterly basis and on monthly basis bytaxpayers with annual aggregate turnover greater than Rs 15Crore GSTR-2 amp GSTR-3 have been indefinitely postponedGSTR-3B has been introduced in addition to existing returnsGSTR-3B is a simplified return that all taxpayers need to file ona monthly basis It is a summarized return form which everytaxpayer will be required to file on self-declaration basis by 20thday of next month
TYPES OF RETURNS
bull By normal registered entityperson
Following returns are required to be filed by a normalregistered entityperson
Compliance Relatedto GST Returns
69
Handbook on GST Compliances70
Return Form Particulars Interval Standarddate of filing
GSTR 1 Statement of outward Monthly 10th of thesupplies of goods and next monthor services
GSTR-2 Statement of inward Monthly 15th of thesupplies of goods and next monthor services
GSTR-3 Monthly return on the Monthly 20th of thebasis of finalization of next monthdetails of outwardsupplies and inwardsupplies along with thepayment of tax
GSTR-9 Annual Return Annually 31st Decemberof nextfinancial year
GSTR-3B Provisional return for Monthly 20th of thethe month July 2017 to next monthJuly 2018
bull By Composition Dealer Following returns are requiredto be filed by a Composition taxpayer
Return Particulars Interval Due DateForm
GSTR-4 Return for compounding Quarterly 18th of the monthtaxable person succeeding quarter
GSTR-9A Simplified Annual Return Annually 31st December ofnext financial year
Compliance Related to GST Returns 71
bull By Specific Registered dealers Following returns arerequired to be filed by the specific registered dealer
Return Particulars Interval Due DateForm
GSTR-5 Return for Non-Resident Monthly 20th of the nexttaxable person month or 7th day
after the last day ofthe validity ofregistration whichever is earlier
GSTR-5A Monthly return for a Monthly 20th of the nextperson supplying OIDAR monthservices from a placeoutside India to a non-taxable online recipient
GSTR-6 Return for Input Service Monthly 13th of the nextDistributor month
GSTR-7 Return for authoritiesdeducting tax at source Monthly 10th of the next
month
GSTR-8 Details of supplies Monthly 10th of the nexteffected throughe-commerce operator
GSTR-10 Final Return Once Within threeWhen registration is months of the datecancelled or surrendered of cancellation or
date ofcancellation orderwhichever is later
GSTR-11 Details of inward Monthly 28th of the monthsupplies to be furnished following theby a person having UIN month for whichand claiming refund statement is filed
Handbook on GST Compliances72
Following due dates have been extended vide Notification No332018 - Central Tax dated 10th August 2018
bull Registered persons having aggregate turnover of up to 15 Crorerupees in the preceding financial year or the current financialyear shall furnish GSTR-1on a quarterly basis
Period Due Date
July to Sept 2018 31st October 2018
October to December 2018 1st January 2019
January to March 2019 30th April 2019
bull Other Registered persons having aggregate turnover of more than15 Crore rupees in the preceding financial year or the currentfinancial year shall furnish these returns on a monthly basis
Period Due Date
February 2018 10th April 2018
March 2018 10th May 2018
April 2018 31st May 2018
May 2018 10th June 2018
June 2018 10th July 2018
July 2018 to March 2019 11th day of Next Month
bull Filing of GSTR-2 and GSTR-3 has been postponed till furtherannouncement
bull Due date of GSTR-6 for the period July 2017 to August 2018has been postponed to September 30th 2018 [Notification No302018 ndash Central Tax dated 30th July 2018]
Compliance Related to GST Returns 73
GST RETURNS CALENDAR
Return Form Category of Taxpayer Time Period Due Date
GSTR-3B All taxpayers to file Every month 20th of thealong with payment of till July 2018 succeedingtax month
GSTR-1 Taxpayers with annual JulndashSep 2018 10thaggregate turnover up Octoberto Rs 15 Crore to file 2018on Quarterly basis
Taxpayers with annual Jul 2018 10thaggregate turnover of Augustmore than Rs 15 Crore 2018to file on Monthly basis
GSTR-4 Taxpayers who have Jul ndash Sep 18thopted for Composition 2018 Octoberscheme to file every 2018quarter
GSTR-5 Non Resident Taxable Jul 2018 20thPerson to file every Augustmonth 2018
GSTR-5A Taxpayers supplying Jul 2018 20thOIDAR services from a Augustplace outside India to a 2018non-taxable onlinerecipient
GSTR-6 Input Service Distri- July 2017 ndash 30th Septbutor Aug 2018 2018
Note Due dates have not been notified for GSTR-2 and GSTR-3 forany of the months That is why a taxpayer need not file GSTR-2 andGSTR-3 for any of the months from July 2017 until a notification isissued in this regard mentioning the due dates Till such time FormGSTR-3B is required to be filed by tax payers instead of Form GSTR-3
Handbook on GST Compliances74
AN OVERVIEW OF GST RETURN
GSTR-1
mdash GSTR-1 is a monthly or quarterly return of outwardsupplies to be filed by every registered person except thefollowing
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
mdash Invoice wise details are required to be given for outwardsupplies which are the basis of matching concept in GST
GSTR-2
mdash GSTR-2 is a monthly statement of inward suppliesincluding the supplies on which reverse charge applies andto be filed by every registered person except the following
bull Input Service Distributors
bull Composition Dealers
bull Non-resident taxable person
bull Persons liable to deduct TDS
bull Persons liable to collect TCS
bull Suppliers of online information and database accessor retrieval services
Compliance Related to GST Returns 75
mdash GSTR-2 is used for Invoice matching reconciliation it isvery crucial as the ITC on inward supplies will only beavailable to buyer where the seller has furnished GSTR-1of his outward supplies
mdash When a person files GSTR-1 the information getautomatically updated in GSTR-2A of buyer buyerrequired to validate his purchase from GSTR-2A andaccordingly files GSTR-2
mdash Return once filed cannot be revised Any mistake oromission can be rectified in the next period return
GSTR-3 amp GSTR-3B
mdash GSTR-3 is a monthly return with the summarized detailsof outward supplies inward supplies supplies attractingreverse charge along with GST liability and correspondingITC availed It is an auto-generated return pulling theinformation from GSTR-1 amp GSTR-2
mdash GSTR-3B is a simplified monthly return that all taxpayersneed to file monthly It is a summarized return formwhich every taxpayer will be required to file on self-declaration basis The same needs to be filed by 20th dayof next month
mdash Late Fees for filing GST Returns
Other than Annual Return
Particulars Late Fees
Nil Return Rs 20 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 amp GSTR-5A)
Other than Nil Return Rs 50 per day of(GSTR-1 GSTR-3B GSTR-4 delayGSTR-5 GSTR-5A andGSTR-6)
Maximum Late fees is Rs 5000-
Handbook on GST Compliances76
Annual Return
Rs200 per day of default up to a maximum of 025of Turnover
For the months July to September 2017 the late fees fordelay in filing GSTR-3B have been completely waived off
mdash Interest on late payment of GST ndash An interest of 18 islevied on the late payment of taxes The interest would belevied for the days for which tax was not paid after thedue date
Note GSTR-2 amp GSTR-3 are currently on hold till the timegovernment notifies its due date
ITC MATCHING AND AUTO-REVERSAL
bull It is a mechanism to prevent revenue leakage and tofacilitate availment of eligible and rightful ITC bytaxpayers
bull The process of ITC Matching begins after the due datefor filing of the return (20th) This is carried out by GSTN
bull The details of every inward supply furnished by the taxableperson (ie the ldquorecipientrdquo of goods andor services) inform GSTR-2 shall be matched with the correspondingdetails of outward supply furnished by the correspondingtaxable person (ie the ldquosupplierrdquo of goods and orservices) in his valid return A return may be consideredto be a valid return only when the appropriate GST hasbeen paid in full by the taxable person as shown in suchreturn for a given tax period
bull In case the details match then the ITC claimed by therecipient in his valid returns shall be considered as finallyaccepted and such acceptance shall be communicated tothe recipient Failure to file valid return by the suppliermay lead to denial of ITC in the hands of the recipient
bull In case the ITC claimed by the recipient is in excess of the
Compliance Related to GST Returns 77
tax declared by the supplier or where the details of outwardsupply are not declared by the supplier in his valid returnsthe discrepancy shall be communicated to both the supplierand the recipient Similarly in case there is duplicationof claim of ITC the same shall be communicated to therecipient
bull The recipient will be asked to rectify the discrepancy ofexcess claim of ITC and in case the Supplier has notrectified the discrepancy communicated in his valid returnsfor the month in which discrepancy is communicated thensuch excess ITC as claimed by the recipient shall be addedto the output tax liability of the recipient in the succeedingmonth
bull Similarly duplication of ITC claimed by the recipientshall be added to the output tax liability of the recipientin the month in which such duplication is communicated
bull The recipient shall be liable to pay interest on the excessor duplicate ITC added back to the output tax liability ofthe recipient from the date of availing of ITC till thecorresponding additions are made in their returns
bull Re-claim of ITC refers to taking back the ITC reversed inthe Electronic Credit Ledger of the recipient by way ofreducing the output tax liability Such re-claim can be madeby the recipient only in case the supplier declares the detailsof invoice andor Debit Notes in his valid return withinthe prescribed timeframe In such case the interest paidby the recipient shall be refunded to him by way ofcrediting the amount to his Electronic Cash Ledger
LET US RECAPITULATE
bull Key features of GST return mechanism
o Online filing
o Invoice level information
o Auto populated ITC
Handbook on GST Compliances78
o HSN summary
o Automatic application of ITC in discharge of liability
bull For turnover upto Rs 15 crore ndash Quarterly return
bull For turnover more than Rs 15 crore ndash Monthly return
bull GSTR-2 amp GSTR-3 not yet notified
bull Forms of GST Returns
Return Form Particulars
GSTR-1 Details of outward supplies of taxablegoods andor services effected
GSTR-2 Details of inward supplies of taxable goodsandor services effected claiming input taxcredit
GSTR-3 Monthly return on the basis of finalizationof details of outward supplies and inwardsupplies along with the payment of amountof tax
GSTR-3B Simple return for Jul 2017- Mar 2018
GSTR-4 Return for compounding taxable person
GSTR-5 Return for Non-Resident foreign taxableperson
GSTR-6 Return for Input Service Distributor
GSTR-7 Return for authorities deducting tax atsource
GSTR-8 Details of supplies effected through e-commerce operator and the amount of taxcollected
Compliance Related to GST Returns 79
GSTR-9 Annual Return
GSTR-9A Annual Return
GSTR-10 Final Return
GSTR-11 Details of inward supplies to be furnishedby a person having UIN and claimingrefund
bull The key features and new format of the GST Returns havebeen approved by GST Council in its 28th meeting held onJuly 21 2018 and placed on Government portal httpsstaticmygovinrests3fs-publicmygov_ 153301856351553221pdf for public comments
INTRODUCTION
E-way bill mechanism has come alive for inter-State movementof goods across the country from 1st April 2018 and on notifieddates by respective State Government for intra state movements
Electronic Way Bill (E-Way Bill) is basically a compliancemechanism wherein by way of a digital interface the personcausing the movement of goods uploads the relevant informationprior to the commencement of movement of goods and generatese-way bill on the GST portal
Rule 138 of the CGST Rules 2017 provides for the e-way billmechanism and in this context it is important to note thatldquoinformation is to be furnished prior to the commencement ofmovement of goodsrdquo and ldquois to be issued whether the movementis in relation to a supply or for reasons other than supplyrdquo
BASIC CONDITION FOR GENERATION OF E-WAY BILL
An e-way bill is required to be generated for the movement ofgoods of consignment value exceeding Rs 50000-
(i) in relation to a supply [for example supply of goods tothe customer]
(ii) for reasons other than supply [for example movement ofgoods for job work repairs etc]
E-Way BillCompliances
80
E-Way Bill Compliances 81
(iii) due to inward supply from Unregistered Persons [ie anyprocurements made from Unregistered Person]
Consignment value of goods shall be such as shown on the taxinvoice bill of supply delivery challan as the case may beincluding the value of taxes (ie Central Tax State or UnionTerritory Tax Integrated Tax and Cess charged if any) but notincluding the value of goods which are exempted from thepayment of tax where the invoice is issued in respect of bothexempt and taxable goods
Important Notes
bull E-way bill can be generated voluntarily even if theconsignment value of is less than Rs 50000
bull Where the consignor or the consignee has not generatedthe e-way bill in FORM GST EWB-01 being theconsignment value not exceeding Rs 50000- and theaggregate of the consignment value of goods carried in theconveyance is more than fifty thousand rupees but theindividual consignment value doesnrsquot exceed Rs 50000-the transporter is also not required to generate the e-waybill as Rule 138(7) has not come into force yet (NotificationNo 152018 ndash Central Tax)
SITUATIONS WHERE E-WAY BILL IS REQUIRED TO BEGENERATED EVEN WHEN CONSIGNMENT VALUEDOESNrsquoT EXCEED RS 50000-
A Where goods are sent by a principal located in one Stateor Union Territory to a job worker located in any otherState or Union Territory the e-way bill shall be generatedeither by the principal or the job worker if registeredirrespective of the value of the consignment
B Where handicraft goods are transported from one Stateor Union Territory to another State or Union Territoryby a person who has been exempted from the requirementof obtaining registration under clauses (i) and (ii) of
Handbook on GST Compliances82
section 24 the e-way bill shall be generated by the saidperson irrespective of the value of the consignment
PROCESS OF GENERATION OF E-WAY BILL
E-way bill shall be generated in Form GST EWB-01 on thecommon Portal At the outset User name password need to begenerated on the common portal The address of common portalis wwwewaybillgstgovin
The process of generation is divided into two parts ie Part Aand Part B of Form GST EWB-01
PART A
Contents - Part A mainly comprise of basic invoice informationcontaining the following fields
Part A Particulars Remarks
A1 GSTIN of Supplier GSTIN of the person generatinge-way bill
A2 Place of Dispatch Self-explanatory It is relevantespecially where the Place ofdispatch is different from theplace of the consignor
A3 GSTIN of Self-explanatory However whereRecipient the recipient is unregistered it is
not required and in such casesthe option lsquoURPrsquo shall be ticked
A4 Place of Delivery Self-explanatory
A5 Document Number Tax Invoice no Bill of SupplyNo Delivery Challan No asthe case may be
E-Way Bill Compliances 83
A6 Document Date Date corresponding to theunderlying document
A7 Value of Goods As per invoice bill of supplydelivery challan [inclusive oftaxes]
A8 HSN Code As per the underlying document
A9 Reason for In common portal theTransportation following reasons have been
made available for generation ofe-Way Bill viz Supply Exportor Import Job Work SKD orCKD Recipient not knownLine Sales Sales ReturnExhibition or Fairs For own useand Others
Who is required to fill Part A
bull Any person who causes movement of goods shall berequired to fill Part A
bull Alternatively Part A can also be filed by the transporteror e-commerce operator or courier agency provided suchagencies are specially authorized by the person who isactually causing movement of goods
bull In trade parlance the person who is a consignor of goodsas per the underlying document or arrangingtransportation as consignor or consignee shall beconsidered as a person who causes movement
bull In case the goods are procured by a registered person froman unregistered person [URP] the registered recipientperson shall be deemed to have caused movement ofgoods [and the consequences of generating e way bill willfollow]
Handbook on GST Compliances84
Unique Number ndash The successful filling up of Part A results inthe generation of unique number which shall be used for fillingup of Part B
PART B
The filling up of Part B finally culminates the process with thegeneration of e way bill
Contents - Part B mainly comprise of transportation details asbelow
Part B Particulars Remarks
B1 Vehicle No [for Road] To be taken from thetransporter
B2 Transport Document LR RR NoNo Defence VehicleNo TemporaryVehicle RegistrationNo Nepal or BhutanVehicle RegistrationNo
Who is required to fill Part B
bull Where the goods are transported by road Part B shall befilled by the registered person as consigner or recipient asconsignee
bull Where Part B is not filed as above and the goods arehanded over to the transporter in such case Part B shallbe filled by the transporter provided the consignor orconsignee who had furnished Part A should assign theunique e way bill number to such transporter
bull Where the goods are transported by vessel railways orair Part B can only be filled by the supplier or recipient[it cannot be filled by the transporter]
E-Way Bill Compliances 85
Part B has to be filled furnished within 15 days from the fillingup of PART A
Upon filling of Part B the common portal will finally generate eway bill and unique e-way bill number [EBN] shall be madeavailable to the supplier recipient and the transporter
MODES OF GENERATION OF E-WAY BILL
The e-way bill can be generated by the registered person in anyof the following methods-
bull Using Web based system
bull Using SMS based facility
bull Using Android App
bull Bulk generation facility
bull Using Site-to-Site integration
bull Using GSP (Goods and Services Tax Suvidha Provider)
WHEN TO GENERATE E-WAY BILL
Where the goods are transported by road e-way bill (both Part-A and Part-B) necessarily required to be generated before thecommencement of movement of goods Any movement ofgoods [above threshold of Rs 50000] without a valid e-way billis liable to penalties and detention
Where the goods are transported by air railways or vessel PartB of FORM GST EWB-01 may be updated even after thecommencement of movement of goods
However in case of railways it is provided that railways shallnot deliver the goods unless the e-way bill required under theserules is produced at the time of delivery
SITUATIONS WHERE FURNISHING THE DETAILS INPART B OF FORM GST EWB-01 IS NOT MANDATORY
The e-way bill shall not be valid for movement of goods by road
Handbook on GST Compliances86
unless the information in Part-B of FORM GST EWB-01 hasbeen furnished except in the following cases
Where the goods are transported for a distance of upto fifty (50)kilometers within the State or Union territory from the place ofbusiness of the consignor to the place of business of thetransporter for further transportation the supplier or therecipient or as the case may be the transporter may not furnishthe details of conveyance in Part B of FORM GST EWB-01
Further where the goods are transported for a distance of uptofifty (50) kilometers within the State or Union territory from theplace of business of the transporter finally to the place of businessof the consignee the details of the conveyance may not beupdated in the e-way bill
WHERE CONSIGNOR OR CONSIGNEE FAILS TOGENERATE E-WAY BILL
In the circumstances where consignor or consignee fails togenerate e-way bill in Form GST EWB-01 the responsibility togenerate e-way bill has been shifted on to the transporterconcerned In such cases the transporter is mandatorily requiredto generate e-way bill based on the information available as perinvoice bill of supplydelivery challan However the above isapplicable only in case of transport of goods by road [not in caseof transport of gods by railways vessel or air]
CONSOLIDATED E-WAY BILL BY THE TRANSPORTER
Where e-way bill is generated as per the procedure for eachindividual consignment and transporter intends to transportmultiple consignments in a single conveyance he may generateconsolidated e-way bill in FORM GST EWB-02 by mentioningserial number of each individual e-way bill
CANCELLATION DELETION OF E-WAY BILL
The e-way bill once generated cannot be deleted However it canbe cancelled by the generator within 24 hours of generation If aparticular EWB has been verified by the proper officer then it
E-Way Bill Compliances 87
cannot be cancelled E-way bill can be cancelled if either goodsare not transported or are not transported as per the detailsfurnished in the e-way bill
Thus in case the e-way bill is generated with wrong details orthe goods for which e-way bill is generated are not required to betransported the user must cancel such e-way bill on the commonportal Where the un-used e-way bill is not cancelled the GSTauthorities will deem that that the underlying goods have beentransported and the consequences of demand of tax in such caseswill follow
MODIFICATION OF E-WAY BILL
Where after the generation of e-way bill the goods are requiredto be transferred from one conveyance to another for any reasonthe requisite details ie vehicle no etc shall be updated oncommon portal in Part B either by the person who originallyfilled information in Part A or by the transporter
There is an option of updating vehicle no only No other detailsof e-way bill can be edited
ACCEPTANCE REJECTION OF E-WAY BILL
Where an e-way bill is generated it shall be made available to theother party [consignee or consigner as the case may be] on thecommon portal who shall communicate his acceptance orrejection of the consignment covered by the e-way bill If therecipient of information does not communicate his acceptanceor rejection within 72 hours of the details being made availableto him it shall be counted as deemed acceptance on his part
VALIDITY OF E-WAY BILL
S No Distance Validity Period
1 Upto 100 kilometers One day in cases other thanOver Dimensional Cargo
2 For every 100 kilo- One additional day in cases
Handbook on GST Compliances88
meters or part thereof other than Over Dimensionalthereafter Cargo
3 Upto 20 kilometers One day in case of OverDimensional Cargo
4 For every 20 kilo- One additional day in case ofmeters or part thereof Over Dimensional Cargothereafter
How to calculate a lsquodayrsquo
Each day shall be counted from the time at which e-way bill isgenerated till the expiry at midnight of the day immediatelyfollowing the date of generation of e-way bill
For example - if an e-way bill is generated at 1000 AM on162018 then it shall be valid upto 1159 pm on 262018
What is over dimensional cargo
The expression ldquoover dimensional cargordquo shall mean a cargocarried as a single indivisible unit and which exceeds thedimensional limits prescribed in rule 93 of the Central MotorVehicle Rules 1989
Can the validity of an existing e-way bill be further increased
Yes the validity of e-way bill can be further increased by thetransporter by updating the details in Part B of Form GST EWB-01 However such facility to the transporter is allowed only underthe circumstance of extreme exceptional nature includingtranshipment
GOODS EXEMPTED FROM THE REQUIREMENT OF E-WAY BILL
1 Transportation of those goods laid down in the annexure torules as specified below
(i) Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers
E-Way Bill Compliances 89
(ii) Kerosene oil sold under PDS
(iii) Postal baggage transported by Department of Posts
(iv) Natural or cultured pearls and precious or semi-preciousstones precious metals and metals clad with preciousmetal (Chapter 71)
(v) Jewellery goldsmithsrsquo and silversmithsrsquo wares and otherarticles(Chapter 71)
(vi) Currency
(vii) Used personal and household effects
(viii) Coral unworked (0508) and worked coral (9601)
2 Where the goods other than de-oiled cake being transportedare specified in the schedule appended to Notification No22017ndash Central tax (Rate) dated the 28th June 2017 asamended from time to time Few of the goods that areincluded in the above notification are as follows
(i) Unbranded rice and wheat flour
(ii) Fresh milk and pasteurized milk not containing addedsugar or other sweetening matter
(iii) Curd lassi buttermilk
(iv) Chena or paneer other than put up in unit containersand bearing a registered brand name
(v) Vegetables
(vi) Fruits
(vii) Cereals
(viii) Puja samagari
(ix) Unprocessed tea leaves and unroasted coffee beans
(x) Meat
Handbook on GST Compliances90
(xi) Salt
(xii) Handloom [weaving machinery]
(xiii) Items of educational importance (books mapsperiodicals)
3 Where the goods being transported are alcoholic liquor forhuman consumption petroleum crude high-speed dieselmotor spirit (commonly known as petrol) natural gas oraviation turbine fuel
4 Where the supply of goods being transported are not treatedas supply under Schedule III of the Act (Schedule III consistsof activities that would neither be supply of goods nor servicelike service of an employee to an employer in the course ofhis employment functions performed by MP MLA etc)
5 Where the goods being transported are exempt from tax undernotification No 72017ndash Central Tax (Rate) dated 28th June2017 (supply by CSD to unit run canteens and authorizedcustomers) and notification No 262017ndash Central Tax (Rate)dated 21st September 2017 (consists of heavy water andnuclear fuels)
6 Where empty cargo containers are being transported
7 Where empty cylinders for packing of LPG are being movedfor reasons other than supply
OTHER CASES WHERE E-WAY BILL IS NOT REQUIRED
1 Where the consignment value of goods is less than Rs50000 (except in cases of Goods sent by Principal to jobworker and in case of handicraft goods)
2 Where the goods are being transported by a non-motorised conveyance
3 In respect of movement of goods within such areas as arenotified under clause (d) of sub-rule (14) of rule 138 ofthe State or Union territory Goods and Services Tax Rulesin that particular State or Union territory
E-Way Bill Compliances 91
4 Where the goods are being transported from the customsport airport air cargo complex and land customs stationto an inland container depot or a container freight stationfor clearance by Customs
5 Where the goods are being transported
bull from an inland container depot or a container freightstation to a customs port airport air cargo complexand land customs station under custom bond
bull from one custom station custom port to anothercustom station custom port under custom bond
bull under customs supervision or under customs seal
6 Any movement of goods caused by defence formationunder Ministry of defence as a consignor or consignee
7 Where the consignor of goods is the Central GovernmentGovernment of any State or a local authority for transportof goods by rail
8 Where the goods are being transported upto a distance oftwenty kilometers from the place of the business of theconsignor to a weighbridge for weighment or from theweighbridge back to the place of the business of the saidconsignor subject to the condition that the movement ofgoods is accompanied by a delivery challan issued inaccordance with rule 55
DOCUMENTS TO BE CARRIED WITH CONVEYANCE
A person-in-charge of the conveyance transporter is requiredto carry the following documents along with
(a) The Invoice or Bill of Supply or Delivery Challan as thecase may be and
(b) A copy of the e-way bill in physical form or the e-way billnumber in electronic form or mapped to a RadioFrequency Identification Device embedded on to the
Handbook on GST Compliances92
conveyance in such manner as may be notified by theCommissioner
Provided that nothing contained in clause (b) shall apply in caseof movement of goods by rail or by air or vessel
INSPECTION amp DETENTION OF CONVEYANCE
GST officers have been authorized to intercept any conveyanceto verify the e-way bill in physical form or electronic form for allinter-state and intra-state movement of goods
Where the physical verification of goods being transported onany conveyance has been done during transit at one place withinthe State or in any other State no further physical verification ofthe said conveyance shall be carried out again in the State unlessa specific information relating to evasion of tax is made availablesubsequently
In order to avoid misuse of such powers the provisions providethat in case of inspection the proper officer shall record asummary report in Part A of FORM GST EWB-03 within 24hours of inspection and record the final report in Part B ofFORM GST EWB-03 within 3 days of such inspection
Provided that where the circumstances so warrant theCommissioner or any other officer authorised by him may onsufficient cause being shown extend the time for recording ofthe final report in Part B of FORM EWB-03 for a further periodnot exceeding three days
The period of twenty four hours or as the case may be threedays shall be counted from the midnight of the date on whichthe vehicle was intercepted
E-Way Bill Compliances 93
LET US RECAPITULATE
LIST OF FORMS PRESCRIBED UNDER E-WAY RULES
S No Form Purpose Remarks
1 FORM GST E-Way BillEWB-01
Part-A Comprise of To be filled by registeredbasic invoice person causing movementinformation of goods or by transporter
Part-B Comprise of To be filled by Transportertransportation or by registered persondetails
2 FORM GST Consolidated To be generated byEWB-02 E-Way Bill Transporter
3 FORM GST VerificationEWB-03 Report
Part-A Summary To be filled by ProperReport Officer within 24 hours of
inspection
Part-B Final Report To be filled by ProperOfficer within 3 days ofinspection
(Commissioner or anyother officer authorized byhim may extend the timefor further period notexceeding 3 days onsufficient cause beingshown)
4 FORM GST Report of To file the complaint byEWB-04 detention Transporter or Registered
person if vehicle isdetained by Proper Officerfor more than 30 minutes
Handbook on GST Compliances94
FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No
E-Way Bill date
Generator
Valid from
Valid until
Part - A
A1 GSTIN of Supplier
A2 Place of Dispatch
A3 GSTIN of Recipient
A4 Place of Delivery
A5 Document Number
A6 Document Date
A7 Value of Goods
A8 HSN Code
A9 Reason for Transportation
Part-B
B1 Vehicle Number for Road
B2 Transport DocumentNumberDefence VehicleNo Temporary VehicleRegistration NoNepal orBhutan Vehicle RegistrationNo
E-Way Bill Compliances 95
Notes
1 HSN Code in column A8 shall be indicated at minimumtwo digit level for taxpayers having annual turnover uptofive crore rupees in the preceding financial year and atfour digit level for taxpayers having annual turnover abovefive crore rupees in the preceding financial year
2 Document Number may be of Tax Invoice Bill of SupplyDelivery Challan or Bill of Entry
3 Transport Document number indicates Goods ReceiptNumber or Railway Receipt Number or Forwarding Notenumber or Parcel way bill number issued by railways orAirway Bill Number or Bill of Lading Number
4 Place of Delivery shall indicate the PIN Code of place ofdelivery
5 Place of dispatch shall indicate the PIN Code of place ofdispatch
6 Where the supplier or the recipient is not registered thenthe letters ldquoURPrdquo are to be filled-in in column A1 or asthe case may be A3
7 Reason for Transportation shall be chosen from one ofthe following-
Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
10 Others
Handbook on GST Compliances96
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No
Consolidated E-Way Bill Date
Generator
Vehicle Number
Number of E-Way Bills
E-Way Bill Number
E-Way Bill Compliances 97
FORM GST EWB-03
(See rule138C)
Verification Report
Part A
Name of the Officer
Place of inspection
Time of inspection
Vehicle Number
E-Way Bill Number
Tax Invoice or Bill of Supply orDelivery Challan or Bill of Entry date
Tax Invoice or Bill of Supply orDelivery Challan or Bill of EntryNumber
Name of person in-charge of vehicle
Description of goods
Declared quantity of goods
Declared value of goods
Brief description of the discrepancy
Whether goods were detained
If not date and time of release ofvehicle
Handbook on GST Compliances98
Part B
Actual quantity of goods
Actual value of the Goods
Tax payable
Integrated tax
Central tax
State or Union territory tax
Cess
Penalty payable
Integrated tax
Central tax
State or Union territory tax
Cess
Details of Notice
Date
Number
Summary of findings
E-Way Bill Compliances 99
FORM GST EWB-04
(See rule138D)
Report of detention
E-Way Bill Number
Approximate Location ofdetention
Period of detention
Name of Officer in-charge (if known)
Date
Time
Handbook on GST Compliances100
References
bull Central Goods amp Services Tax Act 2017
bull Integrated Goods amp Services Act 2017
bull Central Goods amp Services Tax Rules 2017 as amended
bull Integrated Goods amp Services Tax Rules 2017 as amended
Important Link
bull wwwcbicgovin
bull wwwgstgovin
bull wwwgstcouncilgovin
bull wwwgstnorg
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