it is a destination based tax - gps...
TRANSCRIPT
It is a destination based taxon consumption of goodsand services. It is proposedto be levied at all stagesright from manufacture upto final consumption withcredit of taxes paid atprevious stages available assetoff. In a nutshell, onlyvalue addition will be taxedand burden of tax is to beborne by the finalconsumer.
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Central taxes► Additional Customs Duty (in lieu of
Excise Duty)► Central Excise Duty► Special Additional Customs Duty► Service Tax ► Central Sales Tax► Central surcharges and cesses
relating to supply of goods & services
State taxes► State-VAT (sales Tax) ► Purchase Tax► State Entry Tax► Luxury Tax ► Entertainment Tax► Taxes on Lottery, Betting &
Gambling► Octroi
► Basic Customs Duty► Stamp Duties► Electricity Duty
Exclusions (will continue)
Key Features ‐ Taxes to be Subsumed
►Tax on alcoholic liquor for human consumption
►Petroleum products – levy of GST to be made effective at a future date
►Tax on entertainment and amusement levied and collected by Municipal authorities
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► Ideally it should be one GST rate on all goods and servicesacross India with few exemptions for basic necessities andreduced rate for some goods and services.
Indian GST
Centre and States to levy GST on common base (CGST & SGST)
Dual-GST
►Potentially aligned to current VAT exemptions
Minimum exemptions
Integrated‐GST (IGST) on inter‐state supplies / import of goods and services
Inter-state supplies / import of goods & services
Dual GST Model
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Dual Structure
Dual Levy
Dual Control
Destination Base
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•Origin Base
Old
•Destination Base• The tax would accrue to the taxing authority which has jurisdiction over the place of consumption which is also termed as place of supply.
GST
FLOW OF CREDIT UNDER GST LAW
CGST
SGST
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IGST IGST CGST SGST UT‐GST
CGST CGST IGST Not against SGST
Not against UT‐GST
SGST SGST IGST Not against CGST
Not against UT‐GST
UT‐GST UT‐GST IGST Not against CGST
Not against SGST
UT‐GSTGMJ & Co for GPS
15th July
Furnishes GSTR –1 Outward Supply
ProvisionalITC
Furnishes GSTR –2 inward Supplyby modifying theauto populatedinformation
Such details available tosupplier in GSTR‐1A. Hemay accept or reject thechanges
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Matching Concept
Matching Concept Cont..
Furnishes GSTR-3 by 20th
Electronic Credit
RegisterPayment by
Final ITC available
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Furnishes GSTR-3 by 20th
Supply
All Forms.. for consideration .. In the course /furtherance of
business
Import of Services for
consideration, whether for
business or not
Permanent transfer/disposal of business assets (ITC taken)
Branch Transfer in
another State
Transaction between related person
Transfer to/from Agent
Import of Services from related person
without Consideration
Schedule III
Composite / Mixed Supply
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Registration• Every supplier who makes a taxable supply of goods/services and his aggregate turnover in financial year exceeds Twenty Lakh Rupees shall be liable to be registered under GST (for special category of state the turnover to be considered is Ten Lakh Rupees )
• Threshold limit of Twenty Lakh Rupees is not in the following case (applicable to travel agent and tour operator):
person making any inter‐sate taxable supplyPerson who makes taxable supply of goods or service or both on behalf of other taxable person whether as an agent or otherwise,
• Air Travel Agent?10.08.2017 GMJ & Co for GPS 11
Reverse charge mechanism
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Supplier of Service Receiver of ServiceAny Services provided by any person Located in a nontaxable territory
To Any person located in the taxable territory other than non-taxable online recipient
Legal service by an Individual Advocate and Senior advocate
To Any business entity located in the taxable territory
Services supplied by an arbitraltribunal
To Any business entity locatedin the taxable territory
Services provided by way ofsponsorship
To any body corporate orpartnership firm
Services supplied by a directorof a company
To The company or a body corporate in a taxable territory
Services supplied by anInsurance Agent
To any person carrying on insurance business
Service provided by CG/SG/UTor local Authority Excludingcertain specified services
To Any business entity
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Supplier of Service Receiver of ServiceTaxable Services or goods from anunregistered person*
To any registered person
• Staff Welfare– Tea/Coffee– Snacks
• Printing and Stationery– Paper– Envelopes– Xerox– Printer Toner/ Cartridge Refilling
– Misc Stationery Items
• Repair and Maintenance– Electrical, Plumbing– AMC (A/C, Computer, etc.)
• Other Expenses– Housekeeping– Rent Expense– Security
Exemption is given upto Rs.5,000/- per recipient per day
Invoicing For RCM
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• Taxable Supply made by Unregistered Person to a Registered Person; or
• Supplies in which Recipient has to pay tax under Reverse Charge
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Consolidated Invoice for all such supplies has to be issued by the Recipient at the
month end
Shall issue a Payment Voucher at the Time of
Making Payment to the Supplier
Issue of Invoice by the supplier if the invoice is issued within 30 days of provision of service
Date of Payment
Date of Provision of Service is invoice is not issued within 30days
Date of Payment
Earlier of
OR
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Time of supply of Services
Earlier of
GMJ & Co for GPS
• Name, Address and GSTIN of the supplier• Serial Number of Invoices Max16 characters (can contain ‘–’ or
‘/’) unique for a financial year• Date of issue of Invoice• Name, Address and GSTIN/ UIN if the receiver is registered• HSN / Accounting Code of services• Description of Goods/Services• Quantity of Goods• Total Value of Goods/Services• Taxable Value of Goods/Services taking into account any
discount or abatement• Rate of Tax (CGST, SGST or IGST)• Amount of Tax Charged• Place of Supply along with the Name of the state• Whether tax payable on RCM• Signature or Digital Signature of the supplier or his authorized
representative
Details on Tax Invoice Rules
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Receipt Voucher‐For Advance Received
• Name, Address and GSTIN of the supplier• Serial Number of Invoices Max16 characters (can contain ‘–’ or ‘/’)• Date of its issue• Name, Address and GSTIN if the receiver is registered• Description of Goods/Services• Amount of advance taken• Rate of Tax (CGST, SGST or IGST)• Amount of Tax Charged• Place of Supply along with the Name of the state if Inter‐state supply• Whether tax payable on RCM• Signature or Digital Signature of the supplier or his authorizedrepresentative
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• Rate of Tax is not Determinable: Tax @ 18%• Nature of Supply is not determinable: Deemed IGST
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Refund Voucher
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Will have to Issue a Refund Voucher to the Person from whom the Payment has been
received
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7 star Hotel
3 Star Hotel
Asks to shift the Hotel to
A credit note shall be
required to be issued of Rs. Rs. 20,000/‐
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10.08.2017
Asks the Tour Operator to increase the Tour to 15 Days. The Package will now cost Rs. 2,50,000/-
Books the Tour for 10 Days for Rs. 2,00,000/-
A Debit note shall be
required to be issued of Rs. Rs. 50,000/‐
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Transaction Value shall include:
• Taxes levied other than GST Acts, if charged separately. • Amount that supplier is liable pay in relation to such supply but incurred by recipient and not included in the price.
• Incidental expenses such as commission & packaging and charged by the supplier to the recipient including any amount charged for anything done by the supplier in respect of the supply of goods and/or services at the time of, or before delivery of the goods or, supply of the services
• interest or late fee or penalty for delayed payment of any consideration for any supply
• subsidies directly linked to the price excluding subsidies provided by the CG and SG. The subsidy shall be included in the value of supply of supplier who receives the subsidy
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Value Shall not include discount
• Discount has been recorded in the invoice
Before or at the time of supply
• Such discount is as per the terms of Agreement entered into at or before the time of supply and specifically linked to relevant invoices; and
• ITC has been reversed by the recipient of the supply as is attributable to the discount
After the supply has been effected
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Nature of Service
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Airlines
• Appoints ATA to sale tickets• Transportation of Passengers • Appoints ATA to sale tickets• Transportation of Passengers
ATA
• Sale of Air Tickets• Book ticket for Passengers• Sale of Air Tickets• Book ticket for Passengers
Passengers
• Traveling from one place to another• Approach ATA to book ticket
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Order for flower Deliver flower
Recipient of Service
ATAAir line/ IATA Passenger
Entered in to contract to sale ticket on Comm/ upload incentive, etc.
Charge BF
Air / Rail Travel Agent
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• ITC of Goods/ Services will be available state wise
• ITC of GST paid on Air / Rail Ticket not available
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GST to be paid on
Commission / PLB / upload incentive / any other form of
incentive from airline as well as booking fees from passenger
GST @ 18% on Commission / PLB / upload incentive / any other form of incentive. Issue
invoice on Airline/ Consolidator
Booking Fees @ 18%. Issue invoice on Passenger
Basic Fare
For Domestic Booking
0.9% of Basic Fare
For International
Booking
1.8% of Basic Fare
ATA has 2 options to pay GST
Basic Fare
If booking fee is not recovered
GST @ 0.9% or 1.8% on Basic Fare + YQ
Pay GST from Pocket
If booking fee is also charged
GST @ 0.9% or 1.8% on Basic Fare + YQ
Recover GST from Passenger, if Airline Contract is not including
GST10.08.2017 GMJ & Co for GPS 31
The option once exercised has to be follow during the F.Y.
means that part of the air fare on which commission is normally paid to the air travel agent by the airline
If no Upload
Incentives
Details to passenger
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When ATA is on commission model
Particulars Reimbursem
ent of Exp
Taxable
Value
Total
Value
1. Reimbursement of Air ticket
issued by Airlines
10,000 - 10,000
1a. Value of Basic fare included
above
9500 - -
2. Booking Fees charged to
passengers
- 200 200
3a. Add: CGST @ 9% (OR IGST
@18%)
- 18 18
3b. Add: SGST @ 9% - 18 18
4. Total - 236 10236
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Invoice to Airline
When ATA is on commission model
Particulars Reimbur
sement
of Exp
Taxable
Value
Total
Value
1. Commission from Airline - 400 400
2a. Add: CGST @ 9% (OR IGST
@18%)
- 36 36
2b. Add: SGST @ 9% - 36 36
3. Total (to be recovered
from Airlines)
- 472 472
Invoice to passenger (domestic booking)
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When ATA is on Basic fare model
Particulars Nontaxab
le Value
Taxable
Value
Total
Value
1. Reimbursement of Air ticket
issued by Airlines
10,000 - 10,000
1a. Value of Basic fare included above - 9500 -
2. Booking Fees charged to
passengers
200 200
3a. Add: CGST @ 0.45% (OR IGST
@0.9%)
- 42.75 42.75
3b. Add: SGST @ 0.45% - 42.75 42.75
4. Total (to be recovered from Client) - - 10285.5
Invoice to Airlines
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When ATA is on Basic fare model
Particulars Nontaxable
Value
Taxable
Value
Total
Value
1. Commission from Airline 400 400
2a. Add: CGST @ 9% (OR
IGST @18%)
-
2b. Add: SGST @ 9% -
3. Total(to be recovered
from Airlines)
- - 400
Place of Supply of Service
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B2B
Taxable Recipient
Taxable Supplier
State A State B
Place of Supply of Service
B2C Non Taxable Recipient
Place of Supply of Service if address of recipient not available Place of Supply of Service
if address available
ABC & Co
Mr. XYZ
A T A
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ATA
Destination & Location of Passenger
Origin & Location of Airlines
GST Payable in India
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Since ATA acts as an
Intermediary
Sub Agent buying tickets from consolidator• Sub agent can also avail the option of paying GST at basic fare module or commission module (commission received from consolidator or service fees from client)
• Place of supply for a Sub Agent will be same as of a normal agent i.e.
Location of service receiver (if service receiver is located)If address record on recipient exist, location of service receiverLocation of service provider in any other case
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It is advisable to an ATA and a sub agent to provide client’s Email ID while booking the ticket
CRS/GDS
Other ATA in IndiaGet consideration for using the services of
CRS/GDS towards loyalty
ProvidesPlatform/software for booking of tickets/hotels,
etc.
CRS/GDS
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Visa / Passport
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GST @ 18% on service charges / fees to be charged to clients
Visa Facilitation Centers
Professional Consultancy
Directly through Embassy
Visa Fees
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SN Particulars Con VFS VA1 Consulate Fees (proof in record) Draft
Exemption5000 5000 5000
2 VFS 2.1 VFS Fees 10002.2 Courier/DD Charges etc. 3002.3 GST@18% on 2.1+2.2 234
Total 65343 Agents3.1 Visa Fees 5003.2 Reimbursement of VFS fees as per
receipt attached*1534
3.3 GST@ 18% on 3.1 90Total 7124
No GST on visa fees paid to consulates & is shown separately & receipt is also attached with invoice
Mediclaim / Insurance policy
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Insurance by Agents
Registered Agent
Commission Received
RCM applicableInsurance Company will pay
GST
Unregistered Agent
Any amount received
RCM not applicableAgent will pay GST @18%Claim GST from supplier
International SIM Card
GST is payable on commission or mark‐up
earned @18% by the travel Agent
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Cruise Booking• Commission from Main / Master Agents
• GST @18% on Commission• To be charged to Main / Master Agent
Booking by Agents
• Commission from Parent Company• GST @18% on Commission• To be charged to Parent Company• Main / Master Agent will claim set‐off of GST paid to Agent against their liability
Booking by Main / Master Agents
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Income for booking of Cruise
Commission
@ 18%
Tour Operator
18% on Mark‐up charged to
client
5% on the full amount with no ITC (18% with ITC)
Supplier Invoice in the name of Customer
Hotel/Cruise
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Services directly relating to
Accommodation by a hotel, etc. incl house boat, vessel
Accommodation in any imm. Prop. For any marriage or function etc. incl services provided i.r.t. such function at such property
Any related ancillary service
Location of immovable property or boat or vessel or intended location
Location of the recipient of Service
If in India If outside IndiaIncase the service provider or recipient is outside India, POS shall be the location of such immovable property
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Cruise to Foreign Pax
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• Invoice should contain Name, Address and GST Number of Service Recipient
• Luxury Tax will subsume• Place of Supply
Shall be the location of actual performance of service in case
Services provided to an individual who is recipient of service/ person representing
the SR
in the physical presence of the service receiver or a person
acting on behalf of the receiver
With the SP for the provision of service
Service supplied at more than 1 location including a location in taxable territory
Maharashtra
12%
Sri Lanka
13%
Maldives
75%
Place of supply shall be Maharashta
Domestic or International Rail/Bus ticket
Location of SR Bookings Rate
On Commission
Any location, whether in
taxable territory or non‐
taxable territory
Any booking, whether domestic
booking or international booking
18%
On Service Charges or margin (invoice should be in the name of Client)
In taxable territory Domestic 18%
In non‐taxable territory Domestic 18%
In taxable territory International 18%
In non‐taxable territory International 18%10.08.2017 GMJ & Co for GPS 51
Rent a cab
Commission model
GST @ 18%
Net cost and Mark‐up Basis
GST @ 5% on full value of
invoice including value of fuel No
ITC
GST @ 12% on full value of invoice including
value of fuel with ITC
GST @18% on full value of invoice excluding value of fuel with
ITC
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As per decision taken on 20thGST Council Meeting
10.08.2017
Car Hire/Air Line/ RailwayPlace of supply for passenger transportation
Location of Supplier and Recipient of Service is in India
Location of Supplier or Recipient of Service is
Outside India
service receiver is registered?
Yes No
Location of Service Receiver
Place where the passenger embarks on the conveyance for a continuous
journey
Place where the passenger embarks on the conveyance for a continuous journey
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Income for Tour Operator
Commission Income from
hotel/transporter/ other agents
18% on commission earned
Tour operator will issue invoice on the hotel/transporter/ other agents for
commission earned
Service charges from the client
18% on the service charges charged to the
client
Tour operator will pay GST on service charges only if the invoice of hotel /transporter is directly in the name
of client
Sale of tour on principal to
Principal Basis
5% (with no ITC) or 18% (with ITC) on whole value
of tour
Here, invoice will be issued by hotel in the name of tour operator and then tour operator will issue invoice in the
name of client
In case of 5% it shall be Inclusive of charges of accommodation and transportation
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Inbound Tour
Tour Operator
Foreign Service receiver
POS
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Tour Operator issues invoice for the whole
value of tour in the name of the foreign service
receiver
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Inbound Tour‐ IGST or CGST/SGST
Tour Operator
Foreign Service receiver56GMJ & Co for GPS
POS
Whether Tour
on the invoice?
Whether Tour operator will charge IGST or CGST/SGST on the invoice?
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Inbound Tour at Multiple Places
Tour Operator
Foreign Service receiver
POS Jaipur Delhi Agra
?
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Place of Supply if Supply is made in more than one State or Union Territory shall be Treated As Supply in each state
Value of Supply Specific to each State and Union Territory
Place of Tour
Amount Collected
POS
Jaipur Rs, 35,000 JaipurDelhi Rs. 30,000 DelhiAgra Rs. 35,000 Agra
Separately collected
As per the proportion of value
for services Separately collected
Or as per the Terms of Agreement or
Contract
Or as may be
Prescribed
The tour operator will issue separate invoice for all the 3 place of
supply
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Intermediary Services – Inbound Tour
Tour Operator 2
Foreign Service receiverForeign Tour Operator 1
POS
POS
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Intermediary Services – Outbound Tour
Tour Operator
Foreign Tour Operator 1
POS
POS
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Inbound Tour‐Intermediary
Tour Operator
Foreign Service receiver
POS
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Hotel/Transporter issues invoice in the name of the foreign service receiver
for the value of hotel/transport
POS
Tour Operator issues invoice only for its service fees in the name of the foreign service receiver
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Tour Operator 1
Indian Service receiver
Tour Operator 2
POS
POS
Tour on Principal Basis‐ In India
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Principal Basis – Outside India
Tour Operator 2
Foreign Service receiver
POS
Tour Operator 1
NO GST
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Exemption under Entry no. 54
Tour Operator
Foreign Service receiver
Tour Provided to a foreign tourist
NO GST
65GMJ & Co for GPS
Tour OperatorLocation of Service
ReceiverBookings POS
On CommissionIn taxable territory Domestic or
internationalbooking
India‐
Not in taxable territory IntermediaryOn Service Charges
In taxable territory Domestic India
Not in taxable territory Domestic(inbound) Performance
In taxable territory International(Outbound) India
Not in taxable territory International Exemption10.08.2017 GMJ & Co for GPS 66
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E‐commerce operator – Pure agent
PAYMENT
Payment after deducting upto 1% TCS (at present not applicable)
After the E-Commerce Operator Files the return Credit for the TCS deducted can be claimed
Tour Operator
Discloses details of hotel or airlines on the website
Airlines are not ready for
TCS deduction
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E‐commerce
Tour Operator
Buys from hotel for Rs. 1,00,000
Discloses details of hotel on the website
Sells to the customer for Rs. 1,50,000
No need to deduct
TCS
Where the tour operator sells its services through its website, he will not be termed as an
Electronic Commerce Operator
Value of supply of services in relation to purchase or sale of foreign currency and money ChangingA person can opt any of the following options for determining value of supply
• Option A:
10.08.2017
When any currency is exchanged from or to Indian Rupees (INR)
Value shall be difference between the Buying or selling rate and RBI reference rate, multiplied by total units of currency
If in relation to the above case, RBI reference rate is not available
Value shall be 1% of gross amount of INR provided or received by the person changing the money
If neither of the currencies exchanged in INR
Value shall be 1% of lesser of two amounts by converting any of the two currencies into INR
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Option B
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Gross Amount of Currency Exchanged
Value to be considered for Supply of Service
Upto Rs. 1,00,000 1% of Gross amount of currencyExchanged, Subject to Minimumamount of Rs. 250.
Exceeding Rs. 1,00,000to Rs. 10,00,000
Rs. 1,000 + 0.5% of Gross amountof currency Exchanged
Exceeding Rs. 10,00,000 Rs. 5,500 + 0.1% of Gross amountof currency Exchanged, Subject toMaximum amount of Rs. 60,000.
70GMJ & Co for GPS
Carried forward of Credit by registered personsType of Credit Conditions Amount of CENVAT Credit / ITC allowed to registered taxable person under GST
Amount of eligible credit carried forward as per earlier law in return filed for the period ending immediately prior to appointed day
Amount of un‐availed* CENVAT credit of Capital goods allowed to registered taxable person under GST
Un‐availed CENVAT credit not carried forward in return filed for the period ending immediately prior to appointed day under earlier law
*Un‐availed amount of CENVAT credit in respect of Capital goods = Aggregate amount of CENVAT Credit (‐) Credit already availed in respect of capital goods in earlier return
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Possession of a tax invoice, etc., issued by a supplier registered under GST
Received the goods and/or services
The tax charged in respect of such supply has been actually paid to the credit of the appropriate Government,
Furnished the return under section 39
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When is ITC available 16(2)
Time of Supply
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Provided that• Where the goods against an invoice are received in lots
or instalments, the registered taxable person shall be entitled to the credit upon receipt of the last lot or instalment
• Payment not made to supplier of goods/service/both within 180 days from the date of issue of invoice: Reverse the credit along with interest (Interest Shall be Applicable from the Date of Invoice)‐ If Part payment is made and part not made beyond 180 days only the proportionate credit in respect of payment not made has to be reversed
‐ In Case of Supplies without Consideration Payment to Supplier is deemed to be made
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Credit not allowed 17(5)• motor vehicles and other conveyances
• except when they are used for making the following taxable supplies, namelyfurther supply of such vehicles or conveyancestransportation of passengers/goodsimparting training on driving, flying, navigating such vehicles or conveyances
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Credit not allowed 17(5)
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Travel benefitstravel benefits extended to employees on vacation such as leave or home
travel concession
Allowed only if mandatory as per law /Allowed only for outward supply of same category or as element of composite/mixed supply
rent‐a‐cab, life insurance, health insurance
Membership of
club, health and fitness centre
Allowed only for outward supply of same category or as element of composite/mixed supply
food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery
GMJ & Co for GPS
Credit not allowed 17(5)• Works contract services when supplied for construction of
immovable property, other than plant and machinery, except where it is an input service for further supply of works contract service;
• Goods or services received by a taxable person for construction of an immovable property on his own account, other than plant and machinery,
• Construction includes to the extent of capitalization• Tax paid under Composition• Goods or services or both received by a non‐resident taxable
person except on goods imported by him
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Credit not allowed• Tax paid under Composition• Used for personal consumption• Goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples
• ITC wrongly availed or utilised by reason of fraud etc.
• Detention, seizure and release of goods and conveyances in transit
• Confiscation of goods and/or conveyances10.08.2017 78GMJ & Co for GPS
HSN codes
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Chapter Heading Description of Service
Heading 9966 Renting of motorcab where the cost of fuel is included inthe consideration charged from the service recipient.Rental services of transport vehicles with or withoutoperators, other than above
Heading 9985 Supply of tour operators services Explanation‐ "tour operator" means any person engaged in the business of planning, scheduling, organizing, arranging tours (which may include arrangements for accommodation, sightseeing or other similar services) by any mode of transport, and includes any person engaged in the business of operating tours.
Support services other than above (Commission, fees received for hotel booking, ATA, visa fees shall be included here)
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Rates
Specific services
Transport of
passengers by air, rail and road
Renting of hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes
Admission to events/ monuments
Tour operator services
5%NO ITC on the value of Accommodation and
transportation
18% With Full ITC
For Other services
18% with Full ITC available
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Major Expenses and Their Credit Available to Tour Operators
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Air Tickets
Credit Will not be
available if the Invoice will be in the name of the Passenger
Rent A Cab Service
Credit Available
Hotel Accommodation / Admission
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Tour Operator
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Place of Supply Location of Hotel – NO ITC
CustomerState C
Place of SupplyLocation of Customer
State A
State B
State AState BState A
CustomerState C
Place of Supply Location of HotelITC available to State A operator
Place of SupplyState B
Place of SupplyLocation of Customer
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Exemptions• Services by a specified organisation in respect of a religious pilgrimage
facilitated by the MoEA, under bilateral arrangement• Transport of passengers, with or without accompanied belongings, by - air,
embarking from or terminating in an airport located in North Eastern states.• Transport of passengers, with or without accompanied belongings, by -non-
air conditioned contract carriage other than radio taxi excluding tourism,conducted tour, charter or hire.
• Transport of passengers, with or without accompanied belongings, by Stagecarriage other than air-conditioned stage carriage
• Services by way of admission to a museum, national park, wildlife sanctuary,tiger reserve or zoo.
• Service of transportation of passengers, with or without accompaniedbelongings, by Railway(other than first class or an air-conditioned coach),metro, monorail, tramway, inland waterways, public transport other than fortourism purpose, metered cabs or auto rickshaws.
• Services by a hotel, inn, guest house, club or campsite, by whatever namecalled, for residential or lodging purposes, having declared tariff of a unit ofaccommodation less than one thousand rupees per day or equivalent
DISCLAIMER• The discussions and interpretations set forth in this material are based on the GST laws prevailing as of the date of this material. If there is a change, including a change having a retrospective effect, in the statutory laws, the discussions and comments expressed in this material would necessarily have to be re‐evaluated in light of the changes. We do not have responsibility of updating this note.
• This material is giving only general guidelines covering general situations our answer may differ on specific situation. Before taking any decision the users are required to obtain the opinion of the firm. Neither the firm nor any partner/employee is responsible for any action taken on the basis of this material.
• This material is not binding and acceptance of it including any subsequent and resultant planning or action will be at their own sole discretion and risk, without recourse.
• This material and comments mentioned there in are based on our understanding and interpretation of the legislations, and are not binding on any regulators, court and there can be no assurance that the regulators or court will not take a position, contrary to our opinion and comments.
• This material is the Copyright of GMJ.
10.08.2017 GMJ & Co for GPS 85
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Ph : +91 22 61919200
Information contained herein is of ageneral nature and is not intended toaddress the circumstances of anyparticular individual or entity. Although weendeavor to provide accurate and timelyinformation, there can be no guaranteethat such information is accurate as of thedate it is received or that it will continue tobe accurate in the future. No one shouldact on such information withoutappropriate professional advice after athorough examination of particularsituation.
GMJ & Co for GPS 8610.08.2017
10.08.2017 GMJ & Co for GPS 87
Transport of passengersTransport of passengers
Rail (other than
sleeper class)
Rail (other than
sleeper class)
5%No ITC on
Inputs and
Capital goods
5%No ITC on
Inputs and
Capital goods
AirAir
Economy class
Economy class
5%No ITC on
Inputs and
Capital goods
5%No ITC on
Inputs and
Capital goods
Other than
economy class
Other than
economy class
12%12%
RoadRoad
5% with no ITC5% with no ITC
Renting of Motor
Cab
Renting of Motor
Cab
Where cost of fuel is
included in consideration
Where cost of fuel is
included in consideration
5% with no ITC5% with no ITC
12% with ITC
12% with ITC
Where cost of fuel is not included in
consideration
Where cost of fuel is not included in
consideration
18% with ITC
18% with ITC
As per decision taken on 20thGST Council Meeting
10.08.2017 GMJ & Co for GPS 88
Renting
Declared Tariff>=Rs.1000<Rs.2500 per room per day
12%
Declared Tariff>=Rs.2500<Rs.7500 per room per day
18%
Declared Tariff>=Rs.7500 per room per day
28%
10.08.2017 GMJ & Co for GPS 89
Admission to events/ monuments
admission or access to circus, Indian classical dance
including folk
dance, theatrical performa
nce, drama.
18%
Entertainment events or access to
amusement facilities including
exhibition of cinematograph films, theme
parks, water parks, joy rides, merry‐go rounds, go‐carting,
casinos, race‐course, ballet, any sporting event such as Indian Premier League and the like
28%
Services provided by a race
club by way of
totalisatoror a license
to bookmaker in such club or
Gambling
28%
Admission to
planetarium
18%
Recreational, cultural
and sporting services not covered elsewhere
18%
exhibition of cinematograph films
where price of admission ticket is one hundred rupees or
less.
18% As per decision taken on 20thGST Council Meeting