SIMPLIFIED GST GUIDE

by Sachin Jain

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This book is no longer available and has been discontinued

About the Authors	vii
Preface	ix
Budget – 2023 (Proposals)	xxi
Chapter 1 Constitutional Background of GST	1
BIFERCATION OF POWERS(ARTICLE 246, DISTRIBUTION OF POWER)	1
ARTICLE 246A (2)	1
WHY 5 PRODUCTS TREATED AS NON GST SUPPLY	1
ARTICLE 246A <	2
DECISIONS OF GST COUNCIL	2
RESOLUTION OF DISPUTES BETWEEN STATE AND CENTRAL GOVERNMENT	2
POWERS OF GST COUNCIL	2
Chapter 2 Important Definitions Under GST	3
Chapter 3 Section 7 of CGST Act, 2017	6
SCOPE OF SUPPLY	6
Chapter 4 Section 8 (Composite and Mixed Supply)	15
EXPLANATION	15
MEANING OF NATURALLY BUNDLED	16
EXAMPLES OF COMPOSITE SUPPLY	16
MISC. ISSUES	17
Chapter 5 Section 9 (Charging Section)	18
LEVY AND COLLECTION	18
CLASSIFICATION OF GOODS OR SERVICES	19
IMPORTANT	19
Chapter 6 Reverse Charge	20
GENERAL PROVISION REGARDING RCM	20
TAX HEAD IN CASE OF RCM	21
Procedure for Reverse Charge	21
Chapter 7 Time of Supply	29
SECTION 12 TIME OF SUPPLY OF GOODS	29
SECTION 13 TIME OF SUPPLY OF SERVICES	30
IMPORTANT	33
Chapter 8 Special Economic Zone	36
EXPORT ORIENTED UNIT	37
Chapter 9 Section 15 of CGST Act	38
SECTION 15 VALUE OF TAXABLE SUPPLY	38
EXPLANATION	40
EXPLANATION	40
EXPLANATION	43
IMPORTANT	43
EXAMPLES	45
OTHER MISC. EXAMPLES	48
Chapter 10 Section 11 of CGST ACT	49
SECTION 11:POWER TO GRANT EXEMPTION	49
Chapter 11 Section 16 of CGST Act	50
SECTION 16 ELIGIBILITY AND CONDITIONS FOR CLAIMING INPUT TAX CREDIT	50
RULE 36 DOCUMENTARY REQUIREMENTS AND CONDITIONS FOR CLAIMING INPUT TAX CREDIT	52
RULE 37 REVERSAL OF INPUT TAX CREDIT IN THE CASE OF NON-PAYMENT OF CONSIDERATION	53
IMPORTANT	54
SECTION 17(5) BLOCKED CREDITS	54
EXPLANATION	57
IMPORTANT	57
Chapter 12 Section 18 of CGST Act	58
EXPLANATION	59
IMPORTANT:PROCEDURE IN CASE OF DEATH OF SOLE PROPRIETOR	60
RULE 41A. TRANSFER OF CREDIT ON OBTAINING SEPARATE REGISTRATION FOR MULTIPLE PLACES OF BUSINESS WITHIN A STATE OR UNION TERRITORY	60
RULE 40:MANNER OF CLAIMING CREDIT IN SPECIAL CIRCUMSTANCES	61
Chapter 13 Input Service Distributor	63
SECTION 20:MANNER OF DISTRIBUTION OF CREDIT BY INPUT SERVICE DISTRIBUTOR	63
SECTION 21:MANNER OF RECOVERY OF CREDIT DISTRIBUTED IN EXCESS	64
RULE 39:PROCEDURE FOR DISTRIBUTION OF INPUT TAX CREDIT BY INPUT SERVICE DISTRIBUTOR	64
Chapter 14 Section 17 of CGST Act	67
SECTION 17:APPORTIONMENT OF CREDIT AND BLOCKED CREDITS	67
Chapter 15 Rule 42 CGST RULES	69
RULE 42: MANNER OF DETERMINATION OF INPUT TAX CREDIT IN RESPECT OF INPUTS OR INPUT SERVICES AND REVERSAL THERE OF	69
CALULATION PART	70
IMPORTANT	70
Chapter 16 Rule 43 of CGST Rules	74
RULE 43: MANNER OF DETERMINATION OF INPUT TAX CREDIT IN RESPECT OF CAPITAL GOODS AND REVERSAL THEREOF IN CERTAIN CASES	74
Chapter 17 Place of supply	79
SECTION 7:INTER-STATE SUPPLY	79
SECTION 8: INTRA-STATE SUPPLY	80
SECTION 11:PLACE OF SUPPLY OF GOODS IMPORTED INTO, OR EXPORTED FROM INDIA	82
SECTION 12: PLACE OF SUPPLY OF SERVICES WHERE LOCATION OF SUPPLIER AND RECIPIENT IS IN INDIA.(NO PHYSICAL MOVEMENT)	82
EXAMPLES	83
EXAMPLES OF DIRECTLY LAND RELATED SERVICES	83
SERVICES NOT DIRECTLY RELATED TO LAND	83
IMPORTANT	87
IMPORTANT DEFINITIONS	87
Chapter 18 Place of Supply	88
SECTION 13: PLACE OF SUPPLY OF SERVICES WHERE LOCATION OF SUPPLIER OR LOCATION OF RECIPIENT IS OUTSIDE INDIA	88
CONCLUSION	88
EXAMPLES	89
EXPLANATION	90
EXAMPLES	90
IMPORTANT	91
SERVICES OF FREIGHT FORWARDER	92
IMPORTANT	94
Chapter 19 Section 14 of IGST Act	95
APPLICABLE FORMS	96
Chapter 20 Refund of Tax	97
RULE 89: APPLICATION FOR REFUND OF TAX, INTEREST, PENALTY, FEES OR ANY OTHER AMOUNT	101
RULE 90:ACKNOWLEDGEMENT	105
RULE 91: GRANT OF PROVISIONAL REFUND	106
RULE 92: ORDER SANCTIONING REFUND	107
RULE 92: CREDIT OF THE AMOUNT OF REJECTED REFUND CLAIM	108
SECTION 55:REFUND IN CERTAIN CASES	108
RULE 94: REFUND OF TAX TO CERTAIN PERSONS	109
RULE 95A. REFUND OF TAXES TO THE RETAIL OUTLETS ESTABLISHED IN DEPARTURE AREA OF AN INTERNATIONAL AIRPORT BEYOND IMMIGRATION COUNTERS MAKING TAX FREE SUPPLY TO AN OUTGOING INTERNATIONAL TOURIST	109
RULE 96: REFUND OF INTEGRATED TAX PAID ON GOODS OR SERVICES EXPORTED OUT OF INDIA	110
96A. EXPORT187 OF GOODS OR SERVICES UNDER BOND OR LETTER OF UNDERTAKING	112
RULE 96B RECOVERY OF REFUND	113
SECTION 56: INTEREST ON DELAYED REFUNDS	114
RULE 93: CREDIT OF AMOUNT OF REJECTED REFUND CLAIM	115
SECTION 57: CONSUMER WELFARE FUND	115
SECTION 58: UTILISATION OF FUND	115
RULE 97. PROCEDURE RELATED TO CONSUMER WELFARE FUND	115
Chapter 21 E – Way Bill	120
ANNEXURE	127
RULE 138A.: DOCUMENTS AND DEVICES TO BE CARRIED BY A PERSON-IN-CHARGE OF A CONVEYANCE	127
138B. VERIFICATION OF DOCUMENTS AND CONVEYANCES	128
138C. INSPECTION AND VERIFICATION OF GOODS	128
138D. FACILITY FOR UPLOADING INFORMATION REGARDING DETENTION OF VEHICLE	129
138E. RESTRICTION ON FURNISHING OF INFORMATION IN PART A OF FORM GST EWB-01	129
Chapter 22 Rules Regarding Returns Under GST	131
RULE 59: FORM AND MANNER OF FURNISHING DETAILS OF OUTWARD SUPPLIES	131
RULE 60:FORM AND MANNER OF ASCERTAINING DETAILS OF INWARD SUPPLIES	132
RULE 61:FORM AND MANNER OF FURNISHING OF RETURN	134
RULE 61A:MANNER OF OPTING FOR FURNISHING QUARTERLY RETURN	135
RULE 62:FORM AND MANNER OF SUBMISSION OF STATEMENT AND RETURN	136
RULE 63:FORM AND MANNER OF SUBMISSION OF RETURN BY NON-RESIDENT TAXABLE PERSON	137
RULE 64: FORM AND MANNER OF SUBMISSION OF RETURN BY PERSONS PROVIDING ONLINE INFORMATION AND DATABASE ACCESS OR RETRIEVAL SERVICES	137
RULE 65: FORM AND MANNER OF SUBMISSION OF RETURN BY AN INPUT SERVICE DISTRIBUTOR	137
RULE 66:FORM AND MANNER OF SUBMISSION OF RETURN BY A PERSON REQUIRED TO DEDUCT TAX AT SOURCE	137
RULE 67:FORM AND MANNER OF SUBMISSION OF STATEMENT OF SUPPLIES THROUGH AN E-COMMERCE OPERATOR	138
RULE 67A. MANNER OF FURNISHING OF RETURN OR DETAILS OF OUTWARD SUPPLIES BY SHORT MESSAGING SERVICE FACILITY	138
RULE 68:NOTICE TO NON-FILERS OF RETURNS	138
RULE 69:MATCHING OF CLAIM OF INPUT TAX CREDIT	139
RULE 70:FINAL ACCEPTANCE OF INPUT TAX CREDIT AND COMMUNICATION THEREOF	139
RULE 71:COMMUNICATION AND RECTIFICATION OF DISCREPANCY IN CLAIM OF INPUT TAX CREDIT AND REVERSAL OF CLAIM OF INPUT TAX CREDIT	140
RULE 72:CLAIM OF INPUT TAX CREDIT ON THE SAME INVOICE MORE THAN ONCE	140
RULE 73:MATCHING OF CLAIM OF REDUCTION IN THE OUTPUT TAX LIABILITY	141
RULE 74: FINAL ACCEPTANCE OF REDUCTION IN OUTPUT TAX LIABILITY AND COMMUNICATION THEREOF	141
RULE 75: COMMUNICATION AND RECTIFICATION OF DISCREPANCY IN REDUCTION IN OUTPUT TAX LIABILITY AND REVERSAL OF CLAIM OF REDUCTION	142
RULE 76:CLAIM OF REDUCTION IN OUTPUT TAX LIABILITY MORE THAN ONCE	142
RULE 77:REFUND OF INTEREST PAID ON RECLAIM OF REVERSALS	142
RULE 78:MATCHING OF DETAILS FURNISHED BY THE E-COMMERCE OPERATOR WITH THE DETAILS FURNISHED BY THE SUPPLIER	143
RULE 79: COMMUNICATION AND RECTIFICATION OF DISCREPANCY IN DETAILS FURNISHED BY THE E- COMMERCE OPERATOR AND THE SUPPLIER	143
RULE 80:ANNUAL RETURN	143
RULE 81: FINAL RETURN	144
RULE 82: INWARD SUPPLY IN CASE OF UNIQUE IDENTITY NUMBER	144
Chapter 23 Returns Under GST	145
SECTION 37: FURNISHING DETAILS OF OUTWARD SUPPLIES	145
SECTION 38: COMMUNICATION OF DETAILS OF INWARD SUPPLIES AND INPUT TAX CREDIT	146
SECTION 39: FURNISHING OF RETURNS	147
SECTION 40: FIRST RETURN	149
SECTION 41: AVAILMENT OF INPUT TAX CREDIT	149
SECTION 44:ANNUAL RETURN	149
SECTION 45:FINAL RETURN	150
SECTION 46: NOTICE TO RETURN DEFAULTERS	150
SECTION 47: LEVY OF LATE FEE	150
SECTION 48: GOODS AND SERVICES TAX PRACTITIONERS	150
Chapter 24 Accounts and Records	151
SECTION 35: ACCOUNTS AND OTHER RECORDS	151
SECTION 36:PERIOD OF RETENTION OF ACCOUNTS	152
Chapter 25 Tax Invoice, Debit Note and Credit Note	153
SECTION 31: TAX INVOICE	153
SECTION 31A. FACILITY OF DIGITAL PAYMENT TO RECIPIENT	155
SECTION 32: PROHIBITION OF UNAUTHORIZED COLLECTION OF TAX	155
SECTION 33:AMOUNT OF TAX TO BE INDICATED IN TAX INVOICE AND OTHER DOCUMENTS	156
SECTION 34: CREDIT AND DEBIT NOTES	156
Chapter 26 Exports and Imports	157
SECTION 16:ZERO RATED SUPPLY	157
CONCEPT OF MERCHANT EXPORTER	159
RULE 96: REFUND OF INTEGRATED TAX PAID ON GOODS OR SERVICES EXPORTED OUT OF INDIA	159
ANALYSIS OF RULE 96	161
96A. EXPORT OF GOODS OR SERVICES UNDER BOND OR LETTER OF UNDERTAKING	162
RULE 96B. RECOVERY OF REFUND OF UNUTILISED INPUT TAX CREDIT OR INTEGRATED TAX PAID ON EXPORT OF GOODS WHERE EXPORT PROCEEDS NOT REALISED	164
Chapter 27 Import of Goods	166
CONCEPT OF IMPORT OF SERVICE	167
SECTION 15 OF IGST ACT: REFUND OF INTEGRATED TAX PAID ON SUPPLY OF GOODS TO TOURIST LEAVING INDIA	167
Chapter 28 Works Contract Under GST	169
CASE STUDIES	169
Chapter 29 Goods Transport Agency	171
Chapter 30 Leasing and Rental Services	173
APPLICABLE HSN CODE	173
IMPORTANT POINTS	173
Advance Ruling	175
SECTION 95:DEFINITIONS OF ADVANCE RULING	175
SECTION 96:AUTHORITY FOR ADVANCE RULING	175
SECTION 97: APPLICATION FOR ADVANCE RULING	175
SECTION 98: PROCEDURE ON RECEIPT OF APPLICATION	176
SECTION 99: APPELLATE AUTHORITY FOR ADVANCE RULING	177
SECTION 100: APPEAL TO APPELLATE AUTHORITY	177
SECTION 101: ORDERS OF APPELLATE AUTHORITY	177
SECTION 102: RECTIFICATION OF ADVANCE RULING	177
SECTION 103: APPLICABILITY OF ADVANCE RULING	178
SECTION 104: ADVANCE RULING TO BE VOID IN CERTAIN CIRCUMSTANCES	178
SECTION 105: POWERS OF AUTHORITY AND APPELLATE AUTHORITY	178
SECTION 106: PROCEDURE OF AUTHORITY AND APPELLATE AUTHORITY	179
Chapter 31 Rules Related to Advance Ruling	180
RULE 103: QUALIFICATION AND APPOINTMENT OF MEMBERS OF THE AUTHORITY FOR ADVANCE RULING	180
RULE 104: FORM AND MANNER OF APPLICATION TO THE AUTHORITY FOR ADVANCE RULING	180
RULE 105: CERTIFICATION OF COPIES OF ADVANCE RULINGS PRONOUNCED BY THE AUTHORITY	180
RULE 106: FORM AND MANNER OF APPEAL TO THE APPELLATE AUTHORITY FOR ADVANCE RULING	181
SECTION 107: CERTIFICATION OF COPIES OF THE ADVANCE RULINGS PRONOUNCED BY THE APPELLATE AUTHORITY	181
107A. MANUAL FILING AND PROCESSING	181
Chapter 32 Audit and Assessment	182
SECTION 59: SELF-ASSESSMENT	182
SECTION 60: PROVISIONAL ASSESSMENT	182
RULE 98: PROVISIONAL ASSESSMENT	183
SECTION 61: SCRUTINY OF RETURNS	184
RULE 99: SCRUTINY OF RETURNS	184
SECTION 62: ASSESSMENT OF NON-FILERS OF RETURNS	185
SECTION 63: ASSESSMENT OF UNREGISTERED PERSONS	185
SECTION 64: SUMMARY ASSESSMENT IN CERTAIN SPECIAL CASES	186
RULE 100: ASSESSMENT IN CERTAIN CASES	186
SECTION 65: AUDIT BY TAX AUTHORITIES	187
SECTION 66: SPECIAL AUDIT	187
Chapter 33 Demand and Recovery	189
Chapter 34 Appeal and Revisions	196
Chapter 35 Rules Regarding Appeal and Revision	212
RULE 108: APPEAL TO THE APPELLATE AUTHORITY	212
RULE 109: APPLICATION TO THE APPELLATE AUTHORITY	213
109A. APPOINTMENT OF APPELLATE AUTHORITY	213
RULE 109B.: NOTICE TO PERSON AND ORDER OF REVISIONAL AUTHORITY IN CASE OF REVISION	213
RULE 110: APPEAL TO THE APPELLATE TRIBUNAL	214
RULE 111: APPLICATION TO THE APPELLATE TRIBUNAL	214
RULE 112: PRODUCTION OF ADDITIONAL EVIDENCE BEFORE THE APPELLATE AUTHORITY OR THE APPELLATE TRIBUNAL	215
RULE 113: ORDER OF APPELLATE AUTHORITY OR APPELLATE TRIBUNAL	216
RULE 114: APPEAL TO THE HIGH COURT	216
RULE 115: DEMAND CONFIRMED BY THE COURT	216
RULE 116: DISQUALIFICATION FOR MISCONDUCT OF AN AUTHORISED REPRESENTATIVE	216
SECTION 132: PUNISHMENT FOR CERTAIN OFFENCES	216
SECTION 133: LIABILITY OF OFFICERS AND CERTAIN OTHER PERSONS	218
SECTION 137: OFFENCES BY COMPANIES	219
SECTION 138: COMPOUNDING OF OFFENCES	220
Chapter 36 Penalty	222
Chapter 37 Misc. Points	229

About the Author

Sachin Jain

CA SACHIN JAIN is a practicing chartered accountant and partner at M/S JAIKUMAR JAIN & COMPANY, a leading ca firm in Rajasthan. He is a young and dynamic chartered accountant with unique and innovative thinking. He has vast experience in the field of Indirect Taxation, Auditing, and Commercial Laws etc. He is an advocate and company secretary also. He has trained more than 20,000 professionals across India. He has written many articles on GST, concurrent Audit, MCA Compliances etc. He has authored the book

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