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A brief on recent developments on the GST law. Courtesy:Shammi Kapoor #pdf

on 08 January 2016

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These days, Goods and Services Tax (GST) is a topic for discussion. It is a hot topic for the news rooms, the corporate boardrooms, trade and industry etc; this reform has almost gobbled up three parliamentary sessions. It is waiting to see the light of day hoping that the tug of war between the government and the opposition ends. In the meanwhile, the Joint Committee, constituted by the Empowered Committee of State Finance Ministers, has made suitable recommendations for certain processes under GST, such as: i.Registration ii.Return iii.Payment iv.Refund processes Since GST era is expected to be conceptually different from sales tax, service tax, excise duty etc; therefore, it is pertinent to shed light on issues which an assessee would encounter during the GST era. 1.Currently, levy of VAT/CST by states is ‘Origin Based’ and payable at the place where the movement of goods commences and under service tax, the place of supply is destination based For Private Circulation - Educational & Information purpose onlyVaish Associates Advocates …Distinct. By Experience. GST CAFÉVol. 1, No. 11 • December 1-31, 2015 Delhi • Mumbai • Gurgaon • BengaluruCelebrating over 40 years of professional excellenceCOST OF COMPLIANCE UNDER GSTi.e. location of the service receiver. As already known, GST will be ‘Destination Based’ i.e. taxes will be paid where the service receiver/consumer of goods are located. Accordingly, the tax on supply of goods or service is required to be deposited in the state where the goods or services are consumed. 2.The facility of centralized registration, currently available to service tax and central excise assesses, will be discontinued under GST thus, making it incumbent for the assessee with offices/branches situated in different states to follow the following: i.obtain registration in places where the goods / services are supplied ii.maintain separate books of accounts for each such premises iii.control/maintainrecords of payment and receipts (income and credit) for service rendered or supply of goods 3.The pain doesn’t end here, as an organization would be required to file the following returns i.Four Monthly ii.One annual return,Illustration In case an assessee is registered in 6 states then the number of returns to be filed are as follows: Sr. No.PeriodicityNo. of returnsNo. of StatesNo. of returns yearly I. Monthly46288 ii. Yearly166 iii. Total Returns294 Disclaimer: While every care has been taken in the preparation of this GST Café to ensure its accuracy at the time of publication, Vaish Associates, Advocates assumes no responsibility for any errors which despite all precautions, may be found therein. Neither this bulletin nor the information contained herein constitutes a contract or will form the basis of a contract. The material contained in this document does not constitute/substitute professional advice that may be required before acting on any matter. All logos and trade marks appearing in the newsletter are property of their respective owners.—– Shammi Kapoor, Delhi shammi@vaishlaw.com Please revert with your comments and questions to: Shilpa Sharma, Mumbai shilpa@vaishlaw.com NEW DELHI 13 Tolstoy Marg New Delhi - 110001, India Phone: +91-11-4249 2525 Fax: +91-11-23320484 delhi@vaishlaw.com 1st, 9th & 11th Floor, Mohan Dev Bldg.GURGAON 803, Tower A, Signature Towers South City-I, NH-8 Gurgaon - 122001, India Phone: +91-124-454 1000 Fax: +91-124-454 1010 gurgaon@vaishlaw.comMUMBAI Dr. S. S. Rao Road, Parel Mumbai - 400012, India Phone: +91-22-4213 4101 Fax: +91-22-4213 4102 mumbai@vaishlaw.com 106, Peninsula CentreBENGALURU Prestige Meridian-II, Building No. 30 M.G. Road, Bengaluru - 560001, India Phone: +91-80-40903581/ 88 /89 Fax: +91-80-40903584 bangalore@vaishlaw.com Unit No. 305, 3rd Floor© 2016, Vaish Associates Advocates All rights reserved.www.vaishlaw.comContact Details : GST CAFÉ24.In the reports on business processes by the Joint Committee does not cover on the current Large Taxpayer Unit structure or the setting up of MOSS (mini one stop shop) type of facility as provided by European Union. An Indian tax payer supplying goods or services in multiple states should be provided option to obtain a centralized registered with single tax authority as it is done in the current service tax / central excise regime. 5.It is pertinent to understand that the current structure of GST has a resonance to affect every part of business in India with regards to cash flow, costing of capital, pricing of products and services, financial reporting, tax accounting, compliance processes, supply chain, procurements and contracts and all technology currently enabling this ecosystem. Furthermore, considerable efforts will have to be made by the assessee to impart training to their personnel for effective operation and better understanding under this new regime. Certain processes namely GST registrations, tax credit transitions, return reporting, other statutory compliances, managed/ shared services, system changes in ERP, EI tools, other technology tools, compliance with GSTN requirements and for audit, automation, tax credits, payments and accounting, change assessment in accounting entries (including revised chart of accounts, compliance with Indian Accounting standards etc.) etc. are certain core which will require upgradation under the GST regime. Conclusion: The much anticipated GST regime seems to be a real pocket burner as it seems that considerable cost would be incurred by the assessee to effect a transition and to adapt to the compliances of the new regime.

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