GST Notes
GST Notes
GST Notes
Introduction to GST:
Goods and Services Tax (GST) is an Indirect Tax which was
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introduced in India on 1 July, 2017 and applicable
throughout India.
The government of India has appointed various
committees, Task force to give their views to introduce a
vibrant and modern Indirect Tax Structure in India to
replace all indirect taxes levied on Goods and Services by
the India Central and State Governments.
In India the GST was first strongly recommended by Vijay
Kelkar Task Force in the year 2004
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The Indian Finance Ministry has placed 122 constitutional
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amendment bill in Lok Sabha in 19 December, 2014.
The Bill was passed by Lok Sabha in May 2015 and referred to Select
Committee at Rajya sabha for examination after detailed discussions,
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The GST Bill was passed in Rajya Sabha on August 3 , 2016 by a full
majority.
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3)
The following bills were passed by Lok Sabha on 29-3-2017, and by Rajya Sabha
on 5-4-2017:
1) The Central Good and Services Tax (CGST) Bill, 2017.
2) The Integrated Goods and Services Tax (IGST) Bill, 2017.
3) The Union Territory Goods and Services Tax (UTGST) Bill, 2017.
4) The GST (Compensation to States Act, 2017) :
The Goods and Services Tax (Compensation to States ) Bill, 2017 having been
passed by both the Houses of Parliament and received the asset of the President on
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12 April, 2017.
The State Goods and Services Tax (SGST) Acts, have been passed all states
4)
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The Goods and Service Tax Act was passed in the Parliament on 29
March, 2017,
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The Act came into effect on 1 July, 2017.
GST has been identified as one of the most important tax reforms post-
independence.
The Government of India implemented GST following the credo (basic
benefit) of ‘One Nation and One Tax’ and wanting a unified market in order
to ensure the smooth flow of goods and services across the country.
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GST Council:
GST Council is a constitutional body for making recommendations to the
Union and State Government on issue related to Goods and Service Tax.
1) Constitution :
As per Article 292A of the amended Constitution, the GST Council which
will be a joint forum of the Centre and State, shall consist of the following
members:
Chairperson: Finance Minister.
Vice Chairperson: Chosen amongst the Ministers of State Government.
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) 2) Quorum:
50% of the total number of Members of the Goods and Services Tax Council shall
constitute the quorum at its meetings.
3) Majority required for taking Decisions:
Every decision of the GST Council shall be taken at a meeting, by a majority of not
less than 75% weighted votes of the members present and voting.
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Floor rates & Special rates. On GST rates including floor rate with bands of GST
and any special rate for time being to arrange resources to face any natural
calamity.
e) Speical Provisions:
Making special provisions for the following states:
Arunachal Pradesh, Assam, Jammu & Kashmi, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand.
f) GST Laws
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All types of goods and services will be brought under this proposed GST
structure except few exception (like Petroleum products, liquor etc.,)
3) Components of GST: Under the concurrent dual GST model for India, the
following taxes shall be levied on the supply of goods and services. The
various components of GST includes:
CGST, SGST, IGST and UTGST.
4) Legislative framework of GST: Intra-state supply, Inter- state supply
5) GST rate Structure: Five rates of GST viz.,
At present 0%, 5%, 12% , 18% and 28%.
GSTN:
GSTN stands for Goods and Service Tax Network. GSTN is a private limited
company established under section 8 under new companies Act.
Facilitating registration.
Forwarding the returns to Central and State authorities,
Computation and settlement of IGST.
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GST Registration:
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Nature/Features/Essentials of Registration:
Section 25(6) & 25(7) of CGST Act prescribes that the registration shall be
granted only to a tax payer having a valid PAN issued under the Income
Tax Act,1961.
a) Nonresident taxable person (for them valid Passport); (b) For persons
who are registered to deduct TDS.
Further, within a State, an entity with different branches would have single
registration wherein it can declare one place as principal place of
business (PPOB) and other branches as additional place of business
(APoB).
Section 25(4) prescribes that Where two units of a same business has
taken separate registration, both of them shall be treated as distinct entity.
Characters of GSTIN:
Format of GSTIN
State PAN Entity checksum
Code code
2 2 A B A B C 1 2 3 4 A 1 Z 5
5) Effective date of Registration: within thirty days from the date on which
the person becomes liable to registration.
As per explanation attached to section 25(1) of the GST Act where any
person makes supplies from territorial waters of India then such person
shall obtain registration in the coastal State or UT.
Registration under GST is not tax specific, which means that there is a
single registration for all the taxes i.e. CGST, SGST/UTGST, IGST and
cess.
Step 4:- you will receive the Temporary Reference Number (TRN) now.
This will also be sent to your email and mobile. Note down the TRN.
Step 6: - Select Temporary Reference Number (TRN). Enter the TRN and
the captcha code and click on proceed.
Step 7:- You will receive an OTP on the registered mobile and email. Enter
the OTP and click on proceed.
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Step 8:- You will see that the status of the application is shown as drafts.
Click on Edit Icon.
Step 9:- Part B has 10 sections. Fill in all the details and submit appropriate
documents.
Here is the list of documents you need to keep handy while aplyign GST
registration –
Photographs
Constitution of taxpayer.
Proof for the place of business.
Bank account details.
Authorization form.
Step 10: Once all the details are filled in go to the verification page. Tick on
the declaration and submit the application using any of the following ways-
Check the ARN status for registration by entering the ARN in GST portal,
then received a unique 15 digit PAN based registration number. This is
called GST Identification Number (GSTIN).
Section 22 of the CGST Act, 2017, states the every supplier shall get
himself registered if he falls under any of the below give FOUR
SITUATIONS:
3) Succession or Transfer.
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Already registered under the previous law i.e where the assesses were
already registered under previous different Acts and were paying taxes like
excise duty, VAT, entertainment tax, etc., such assesses provides that the
automatically migrated to GST and provided to with provisional registration.
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a) Sanction of Scheme.
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Q.NO;
Every registered person has to file return under GST. GST is payable by
taxable person on the basis of self-assessment of tax liability. There are
various types of returns have been prescribed under GST Law. Main
returns to be as follows:
GSTR - 2A Read only documents for the Monthly 15th of the next month
recipient, to verify the details
uploaded by the seller in GSTR- Regular tax payers
1.
GSTR - 3 Auto populated document based Monthly 20th of the next month
on the details filled in GSTR-1,
GSTR-2 and tax liability of any
preceding period.
GSTR - 3B Inward and Outward supply Monthly 20th of the next month
summary
GSTR - 4 Return for composition dealers Quarterly 18th of the next month ending
the quarter for which return
needs to be filed.
GSTR - 5 Return for Non-resident taxable Monthly 20th of the next month.
person
GSTR - 6 Return for Input service Monthly 13th of the next month.
distributor
GSTR - 7 Return for taxpayers which are Monthly 10th of the next month.
required to deduct TDS.
GSTR - 9 Annual return for normal Annual 31st December following the
registered taxpayers. financial year end.
GSTR - 9A Annual return for taxpayers Annual 31st December following the
registered under composition financial year end.
scheme.
GSTR - 9B Annual return for E-commerce Annual 31st December following the
platforms which are required to financial year end.
collect TCS.
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GSTR - 9C Annual return for the taxpayers Annual 31st December following the
who are required to get the financial year end.
accounts audited by CA.
GSTR - 10 Annual return for the registered Once, after the Within 3 months from the
taxpayer whose GST registration registration of date cancellation or the date
got cancelled GST is cancelled of cancellation; whichever is
or surrendered. later.
GSTR - 11 Return for Unique Identification Monthly (as per 28th of the next month in
Number holders. applicability) which the inward supplies are
received.
The following is the complete list of GSTR forms along with their purpose and due
date.
GSTR 1
GSTR -1 is a return form that contains the detailed information of all the outward
goods and services that are undertaken by the normal registered taxpayer as per the
GST Law.
GSTR-1 contains details of invoices, debit notes, credit notes, and revised invoices
for outward goods and services.
The return is filed monthly by the 10th of next month. However, it can also be
extended by the Commissioner for any class of person beyond the 10th.
GSTR 2
In contrast to GSTR-1, GSTR-2 is the form which contains the detail information
about the inward supply of goods and services.
It contains the details of purchases made by the taxpayer from both registered and
unregistered taxable persons, along with the information about debit notes, credit
notes.
The due date for filing GSTR-2 is 15th of the next month. However, the process of
making any required changes and filing are usually done from 11th to 15th of the
next month.
GSTR 2A
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This is a read-only document that gets auto-populated as and when the seller files
GSTR-1. Thus, GSTR-2a enables the buyer to verify the details submitted by the
seller.
The buyer or the recipient also has the right to reject, accept, modify, or keep the
pending invoices based on the details filled by the seller.
It is available to each registered normal taxpayer.
In case of any mismatch, the recipient can accept, reject, modify, or keep the pending
invoices.
GSTR 3
GSTR 3B
GSTR 4
It is used to file quarterly returns for the taxpayers registered under the composition
scheme.
Small taxpayers with turnover upto ₹ 1.50 Cr file quarterly returns through this form.
To reduce the tax and compliance burden for these small taxpayers, pay tax at a fixed
rate, and file return quarterly.
The due date for it is 18th of the month succeeding the quarter for which return is to
be filed.
GSTR 5
GSTR 6
GSTR 7
It is filled by those taxpayers who are required to deduct TDS as per the GST law.
GSTR-7 includes details like; liability towards TDS, tax deducted at source, interest,
and fee paid or payable, and TDS refund (if any).
The due date to file GSTR-7 is 10th of the next month.
GSTR 8
GSTR 9
As per section 44(1), each registered taxpayer needs to furnish an annual return for
each financial year.
It includes details of the Input tax credit, casual taxable person, person who has to
pay tax under section 51 or 52, and details of the non-resident taxable person.
In case the registered person has zero tax liability, a NIL Annual Return will be
filled.
The due date for filing GSTR-9 is 31st December after the end of the concerned
financial year.
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GSTR 9A
It is the annual return for persons registered under the composition scheme.
The details of the form include tax paid, tax refunds, inward and outward supplies,
late fee, and input tax credit availed or reversed.
The due date for filing GSTR-9A is 31st December succeeding at the end of each
financial year.
GSTR 9B
It is the annual return for the e-commerce portals which are required to collect tax at
source under section 52.
The due date for filing GSTR-9B is 31st December succeeding at the end of each
financial year.
GSTR 9C
Each registered person with an annual turnover of ₹ 2 Cr and more needs to get their
accounts audited by a CA or cost accountant. Besides, the user also needs to submit
the audited copy accounts, annual return, and reconciliation statement.
The reconciliation statement is submitted in Form GSTR-9C.
The due date for filing GSTR-9C is 31st December succeeding at the end of each
financial year.
GSTR 10
It is the final return to be filed by the user whose GST registration has got canceled.
However, such a person does not include; person paying tax under a composition
scheme, a person who is collecting TDS or TCS, an input service distributor, and a
non-resident taxable person.
The main intent for this return is to make sure that the taxpayer has paid off all
outstanding tax liability. The liability is higher of;
GSTR 11
This return is for those users who have been allotted a UIN (Unique Identification
Number).
The UIN is issued to the registered person to claim tax refunds of GST paid on the
purchase of goods and services.
The organizations who can get UIN are:
The due date for filing GSTR-11 is 28th of the next month in which the UIN holders
received inward supplies.