Thursday, 28 September 2017

E-RETURNS IN GST


The basic features of the returns mechanism in GST include electronic filing of returns, uploading of invoice level information and auto-population of information relating to Input Tax Credit (ITC) from returns of supplier to that of recipient, invoice-level information matching and auto-reversal of Input Tax Credit in case of mismatch. The returns mechanism is designed to assist the taxpayer to file returns and avail ITC.
Under GST, a regular taxpayer needs to furnish monthly returns and one annual return. There are separate returns for a taxpayer registered under the composition scheme, non-resident taxpayer, taxpayer registered as an Input Service Distributor, a person liable to deduct or collect the tax (TDS/ TCS) and a person granted Unique Identification Number. It is important to note that a taxpayer is NOT required to file all types of returns. In fact, taxpayers are required to file returns depending on the activities they undertake.
All the returns are to be filed online. Returns can be filed using any of the following methods:
GSTN portal (www.gst.gov.in )
Offline utilities provided by GSTN
GST Suvidha Providers (GSPs) - If you are already using the services of ERP providers such as Tally, SAP, Oracle etc., there is a high likelihood that these ERP providers would provide inbuilt solutions in the existing ERP systems
Following table lists the various types of returns under GST Law:
Return
Description
Who Files?
Date for filing
 
 
 
 
 
 
GSTR-1
Monthly Statement of
Registered Person
10th of the next month
 
Outward supplies of
 
 
 
 
Goods or Services
 
 
 
GSTR-2
Monthly Statement of
Registered Person
15th of the next month
 
Inward supplies of
 
 
 
 
Goods or Services
 
 
 
GSTR-3
Monthly Return for a
Registered Person
20th of the next month
 
normal taxpayer
 
 
 
GSTR-4
Quarterly Return
Taxable Person opting for
18th of the month
 
 
Composition Levy
succeeding the quarter
GSTR-5
Monthly Return for a
Non-resident Taxpayer
20th of the month
 
non-resident taxpayer
 
succeeding the tax period
 
 
 
& within 7 days after
 
 
 
expiry of registration
GSTR-6
Monthly Return for an
Input Service Distributor
13th of the next month
 
Input Service
 
 
 
 
Distributor (ISD)
 
 
 
GSTR-7
Monthly Return for
Tax Deductor
10th of the next month
 
authorities deducting
 
 
 
 
tax at source
 
 
 
GSTR-8
Monthly Statement for
E-Commerce Operator
10th of the next month
 
E-Commerce Operator
 
 
 
 
depicting supplies
 
 
 
effecting through it
 
 
GSTR-9
Annual Return
Registered Person other
31st December of next
 
 
than an ISD, TDS/TCS
Financial Year
 
 
Taxpayer, Casual Taxable
 
 
 
 
Person and Non-resident
 
 
 
 
Taxpayer
 
 
GSTR-10
Final Return
Taxable Person whose
Within three months of
 
 
registration has been
the date of cancellation
 
 
surrendered or cancelled
or date of order of
 
 
 
cancellation, whichever
 
 
 
is later.
 
Filing Process
A normal taxpayer has to file the following returns:
GSTR-1 (Statement of Outward Supplies):
a.    This return signifies the tax liability of the supplier for the supplies effected during the previous month.
b.    It needs to be filled by the 10th of every month in relation to supplies effected during the previous month. For example, a statement of all the outward supplies made during the month of July 2017 needs to be filed by 10th August, 2017.
GSTR-2 (Statement of Inward Supplies):
a.    This return signifies accrual of ITC (Input Tax Credit) from the inputs received during the previous month.
b.    It is auto-populated from the GSTR-1s filed by the corresponding suppliers of the Taxpayer except for a few fields like imports, and purchases from unregistered suppliers.
c.    It needs to be filed by the 15th of every month in relation to supplies received during the previous month. For example, a statement of all the inward supplies received during the month of July 2017 needs to be filed by 15th August, 2017.
GSTR-3: This is a consolidated return. It needs to be filed by the 20th of every month. It consolidates the following details
a. Outward Supplies (Auto-Populated from GSTR-1)
b. Inward Supplies (Auto-Populated from GSTR-2)
c. ITC availed
d. Tax Payable
e. Tax Paid (Using both Cash and ITC)
NOTE: Payment should be made on or before 20th of every month.
Annual Return
This return needs to be filed by 31st December of the next Financial Year. In this return, the taxpayer needs to furnish details of expenditure and details of income for the entire Financial Year.
The population of these returns is explained by the following graphic:
Supplier 1
Supplier 2
Supplier 3
Supplier 4
GSTR-1
GSTR-1
GSTR-1
GSTR-1
 
Taxpayer
Taxpayer
GSTR1
GSTR2
(Signifies Tax Liability)
(Signifies ITC Availability)
 Taxpayer
GSTR3
(Cash to be paid = Tax Liability - ITC Available)
NOTE:
Taxpayer’s GSTR-2 is auto-populated from the Suppliers’ GSTR-1s
Taxpayer’s GSTR-3 is significantly auto-populated from tax payer’s GSTR-1 and GSTR-2
Return Filing Milestones:
• File via GSTN/Easy upload tools provided

GSTR-1
by GSTN/GSPs
 
• Periodical uploading allowed
 
 
 
 
• Filed by 10th
 
 
• Frozen after 10th
 
GSTR-2
• Auto-populated from GSTR-1s filed by a
 
Tax Payer’s Suppliers
 
 
 
 
• Changes allowed between 10th and 15th
 
 
• Filed by 15th
 
 
• Occurs between 15th and 17th. Tax Payer
 
 
    can add additional invoices.
 
 
• Supplier has the option to accept/reject
 
 
additional invoices. Supplier’s GSTR-1
 
 
gets amended to that effect.
 
GSTR-3
• Auto-populated from GSTR-1 and GSTR-2
 
• Filed by 20th
 
 
• Payment can be made anytime before or
 
 
on 20th
 
Revision of Returns:
The mechanism of filing revised returns for any correction of errors/ omissions has been done away with. The rectification of errors/ omissions is allowed in the subsequent returns. However, no rectification is allowed after furnishing the return for the month of September following the end of the financial year to which, such details pertain, or furnishing of the relevant annual return, whichever is earlier.
Penal Provisions Relating to Returns:
Any registered person who fails to furnish form GSTR-1, GSTR-2, GSTR-3 or Final Return within the due dates, shall be liable to pay a late fee of Rs. 100 per day, subject to a maximum of Rs. 5,000.
ITC Matching and Auto-Reversal:
It is a mechanism to prevent revenue leakage.
The process of ITC Matching begins after the due date for filing of the return (20th of every month). This is carried out by GSTN.
The details of every inward supply furnished by the taxable person
(i.e. the “recipient” of goods and/or services) in form GSTR-2 shall be matched with the corresponding details of outward supply furnished by the corresponding taxable person (i.e. the “supplier” of goods and/or services) in his valid return. A return may be considered to be a valid return only when the appropriate GST has been paid in full by the taxable person, as shown in such return for a given tax period.
In case the details match, then the ITC claimed by the recipient in his valid returns shall be considered as finally accepted and such acceptance shall be communicated to the recipient. Failure to file valid return by the supplier may lead to denial of ITC in the hands of the recipient.

In case the ITC claimed by the recipient is in excess of the tax declared by the supplier or where the details of outward supply are not declared by the supplier in his valid returns, the discrepancy shall be communicated to both the supplier and the recipient. Similarly, in case, there is duplication of claim of ITC, the same shall be communicated to the recipient.
The recipient will be asked to rectify the discrepancy of excess claim of ITC and in case the supplier has not rectified the discrepancy communicated in his valid returns for the month in which, the discrepancy is communicated, then such excess ITC as claimed by the recipient shall be added to the output tax liability of the recipient in the succeeding month.
Similarly, duplication of ITC claimed by the recipient shall be added to the output tax liability of the recipient in the month in which, such duplication is communicated.
The recipient shall be liable to pay interest on the excess or duplicate ITC added back to the output tax liability of the recipient from the date of availing of ITC till the corresponding additions are made in their returns.
Re-claim of ITC refers to taking back the ITC reversed in the
Electronic Credit Ledger of the recipient by way of reducing the output tax liability. Such re-claim can be made by the recipient only in case the supplier declares the details of the Invoice and/or Debit Notes in his valid return within the prescribed timeframe. In such case, the interest paid by the recipient shall be refunded to him by way of crediting the amount to his Electronic Cash Ledger.  

SECOND HAND GOODS in GST


Normally GST is charged on the transaction value of the goods. However, in respect of second hand goods, a person dealing is such goods may be allowed to pay tax on the margin i.e. the difference between the value at which the goods are supplied and the price at which the goods are purchased. If there is no margin, no GST is charged for such supply. The purpose of the scheme is to avoid double taxation as the goods, having once borne the incidence of tax, re-enter the supply and the economic supply chain.
Valuation of Second Hand Goods:
As per Rule 32(5) of the CGST Rules, 2017, where a taxable supply is provided by a person dealing in buying and selling of second hand goods i.e., used goods as such or after such minor processing which does not change the nature of the goods and where no input tax credit has been availed on the purchase of such goods, the value of supply shall be the difference between the selling price and the purchase price and where the value of such supply is negative, it shall be ignored.
The proviso to the above rule further provides that in case of the purchase value of goods repossessed from a unregistered defaulting borrower, for the purpose of recovery of a loan or debt shall be deemed to be the purchase price of such goods by the defaulting borrower reduced by five percentage points for every quarter or part thereof, between the date of purchase and the date of disposal by the person making such repossession.
In this regard, Notification No.10/2017-Central Tax (Rate) New Delhi, dated 28th June, 2017 exempts intra-State supplies of second hand goods received by a registered person, dealing in buying and selling of second hand goods and who pays the central tax on the value of outward supply of such second hand goods as determined under sub-rule (5) of rule 32 of the CGST Rules, 2017, from any unregistered supplier, from the whole of the central tax levied under the CGST Act, 2017. Similar exemptions are also there in respective SGST Acts.
Illustration:
For instance, a company say M/s First Source Ltd, which deals in buying and selling of second hand cars, purchases a second hand Maruti Celerio Car of March, 2014 make (Original price Rs. 5 lakhs) for Rs. 3 lakhs from an unregistered person and sells the same after minor furbishing in July, 2017 for Rs. 3,50,000/-. The supply of the car to the company for Rs. 3 lakhs shall be exempted and the supply of the same by the company to its customer for Rs. 3.5 lakhs shall be taxed and GST shall be levied. The value for GST purpose shall be Rs. 50000/-, i.e. the difference between the selling and the purchase price of the company.
In case any other value is added by way of repair, refurbishing, reconditioning etc., the same shall also be added to the value of goods and be part of the margin.
If margin scheme is opted for a transaction of second hand goods, the person selling the car to the company shall not issue any taxable invoice and the company purchasing the car shall not claim any ITC.

Tax Invoice and other such instruments in GST

Introduction
Generally speaking, an invoice is a commercial instrument issued by a seller to a buyer. It identifies both the trading parties, and lists, describes, and quantifies the items sold, shows the date of shipment and mode of transport, prices and discounts, if any, and the delivery and payment terms.
In certain cases, (especially when it is signed by the seller or seller’s agent), an invoice serves as a demand for payment and becomes a document of title when paid in full. Types of invoices include:
Bill of Sale or Contract of Sale.
Invoice under GST
Under the GST regime, an “invoice” or “tax invoice” means the tax invoice referred to in section 31 of the CGST Act, 2017. This section mandates the issuance of an invoice or a bill of supply for every supply of goods or services. It is not necessary that only a person supplying goods or services needs to issue an invoice. The GST law mandates that any registered person buying goods or services from an unregistered person needs to issue a payment voucher as well as a tax invoice. The type of invoice to be issued depends upon the category of registered person making the supply. For example, if a registered person is making or receiving supplies (from unregistered persons), then a tax invoice needs to be issued by such registered person. However, if a registered person is dealing only in exempted supplies or is availing the composition scheme (composition dealer), then such a registered person needs to issue a bill of supply in lieu of invoice. The invoice should contain description, quantity and value & such other prescribed particulars (in case of supply of goods), and the description and value & such other prescribed particulars (in case of supply of services). An invoice or a bill of supply need not be issued if the value of the supply is less than Rs. 200/-, subject to specified conditions.
Importance of tax invoice under GST
Under GST, a tax invoice is an important document. It not only evidences the supply of goods or services, but is also an essential document for the recipient to avail Input Tax Credit (ITC). A registered person cannot avail Input Tax Credit unless he is in possession of a tax invoice or a debit note.
GST is chargeable at the time of supply. Invoice is an important indicator of the time of supply. Broadly speaking, the time of supply of goods or services is the date of issuance of an invoice or receipt of payment, whichever is earlier.
Thus the importance of an invoice under GST cannot be over-emphasized. Suffice it to say, the tax invoice is the primary document evidencing the supply and vital for availing Input Tax Credit.
When a tax invoice or a bill of supply should be issued by a registered person
Goods
The time for issuing an invoice would depend on the nature of supply viz. whether it is a supply of goods or services. A registered person supplying taxable goods shall, before or at the time of removal of goods (where supply involves movement of goods) or delivery or making available there of to the recipient, issue a tax invoice showing the description, quantity and value of goods, the tax charged thereon and such other particulars as prescribed in the Invoice Rules.
The Government may, on the recommendations of the Council, by notification, specify the categories of goods or supplies in respect of which a tax invoice shall be issued, within such time and in such manner as may be prescribed.
Contents of invoice
There is no format prescribed for an invoice, however, Invoice rules makes it mandatory for an invoice to have the following fields (only applicable field are to be filled):
(a) Name, address and GSTIN of the supplier
(b) A consecutive serial number, in one or multiple series, containing alphabets or numerals or special characters like hyphen or dash and slash symbolized as “-” and “/” respectively, and any combination there of, unique for a financial year
(c) Date of its issue
(d) Name, address and GSTIN or UIN, if registered, of the recipient
(e) Name and address of the recipient and the address of delivery, along with the name of State and its code, if such recipient is un-registered and where the value of taxable supply is fifty thousand rupees or more
(f)   HSN code of goods or Accounting Code of Services
(g) Description of goods or services
(h) Quantity in case of goods and unit or Unique Quantity Code there of
(i)    Total value of supply of goods or services or both
(j)    Taxable value of supply of goods or services or both, taking into account the discount or abatement, if any
(k) Rate of tax (Central tax, State tax, Integrated tax, union territory tax or cess)
(l)    Amount of tax charged in respect of taxable goods or services (Central tax, State tax, Integrated tax, union territory tax or cess)
(m)         Place of supply along with the name of State, in case of a supply in the course of inter-State trade or commerce
(n) Address of delivery where the same is different from the place of supply
(o) Whether the tax is payable on reverse charge basis
(p) Signature or digital signature of the supplier or his authorized representative
Contents of Bill of Supply
A bill of supply shall be issued by the supplier containing the following details:
(a) Name, address and GSTIN of the supplier
(b) A consecutive serial number, in one or multiple series, containing alphabets or numerals or special characters like hyphen or dash and slash symbolised as “-” and “/”respectively, and any combination there of, unique for a financial year
(c) Date of its issue
(d) Name, address and GSTIN or UIN, if registered, of the recipient
(e) HSN Code of goods or Accounting Code for Services
(f)   Description of goods or services or both
(g) Value of supply of goods or services or both taking into account discount or abatement, if any
(h) Signature or digital signature of the supplier or his authorized representative
Services
A registered person supplying taxable services shall, before or after the provision of service but within a prescribed period, issue a tax invoice, showing the description, value, tax charged thereon and such other particulars as prescribed in the Invoice Rules.
The Government may, on the recommendations of the Council, by notification and subject to such conditions as may be mentioned therein, specify the categories of services in respect of which:
(a) Any other document issued in relation to the supply shall be deemed to be a tax invoice; or
(b) Tax invoice may not be issued.
Thus, it can be seen that in case of goods, an invoice has to be issued before or at the time of supply. In case of services, however, an invoice has to be issued before or after the provision of services. If the invoice is issued after the provision of service, it has to be done within the specified period of 30 days from the date of supply of service, as per invoice rules.
Revised Invoice
A registered person may, within one month from the date of issuance of certificate of registration and in such manner as prescribed in the Invoice Rules, issue a revised invoice against the invoice already issued during the period beginning with the effective date of registration till the date of issuance of certificate of registration to him. This provision is necessary, as a person who becomes liable for registration has to apply for registration within 30 days of becoming liable for registration. When such an application is made within the time period and registration is granted, the effective date of registration is the date on which the person became liable for registration. Thus there would be a time lag between the date of grant of certificate of registration and the effective date of registration. For supplies made by such person during this intervening period, the law enables the issuance of a revised invoice, so that ITC can be availed by the recipient on such supplies.
Receipt Voucher/Refund voucher on receipt of advance payment
Whenever a registered person receives an advance payment with respect to any supply of goods or services or both, he has to issue a receipt voucher or any other document, containing such particulars as prescribed in the Invoice Rules, evidencing the receipt of such payment.
Where any such receipt voucher is issued, but subsequently no supply is made and no tax invoice is issued, the registered person who has received the advance payment can issue a refund voucher against such payment.
A receipt voucher needs to contain the following particulars:
(a) Name, address and GSTIN of the supplier
(b) A consecutive serial number containing alphabets or numerals or special characters like hyphen or dash and slash symbolised as “-” and “/” respectively, and any combination thereof, unique for a financial year
(c) Date of its issue
(d) Name, address and GSTIN or UIN, if 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, Union territory tax or cess)
(h) Amount of tax charged in respect of taxable goods or services (Central tax, State tax, Integrated tax, union territory tax or cess);
(i)   Place of supply along with the name of State and its code, in case of a supply in the course of inter-State trade or commerce
(j)   Whether the tax is payable on reverse charge basis
(k) Signature or digital signature of the supplier or his authorized representative

It has also been provided in the Invoice Rules that if at the time of receipt of advance,
(i)   He rate of tax is not determinable, the tax may be paid@18%;
(ii)  The nature of supply is not determinable, the same shall be treated as inter-State supply.
Invoice and payment voucher by a person liable to pay tax under reverse charge

A registered person liable to pay tax under reverse charge (both for supplies on which the tax is payable under reverse charge mechanism and supplies received from unregistered persons) has to issue an invoice in respect of goods or service or both received by him. Such a registered person in respect of such supplies also has to issue a payment voucher at the time of making payment to the supplier.
Invoice in case of continuous supply of goods
In case of continuous supply of goods, where successive statements of accounts or successive payments are involved, the invoice shall be issued before or at the time each such statement is issued or, as the case may be, each such payment is received.
Invoice in case of continuous supply of services
In case of continuous supply of services, where:
(a) The due date of payment is as certain able from the contract, the invoice shall be issued on or before the due date of payment.
(b) The due date of payment is not as certain able from the contract, the invoice shall be issued before or at the time when the supplier of service receives the payment.
(c) The payment is linked to the completion of an event, the invoice shallbe issued on or before the date of completion of that event.
Issue of invoice in case, where supply of service ceases under a contract before the completion of supply
In a case where the supply of services ceases under a contract before the completion of the supply, the invoice shall be issued at the time when the supply ceases and such invoice shall be issued to the extent of the supply made before such cessation.
Sale on approval basis
Where the goods being sent or taken on approval for sale or return are removed before the supply takes place, the invoice shall be issued before or at the time of supply or six months from the date of removal, whichever is earlier.
Credit and Debit Notes
In cases where tax invoice has been issued for a supply and subsequently it is found that the value or tax charged in that invoice is more than what is actually payable/chargeable or where the recipient has returned the goods, the supplier can issue a credit note to the recipient. A registered person who issues such a credit note has to declare details of such credit note in the return for the month during which such credit note has been issued but not later than September following the end of the financial year in which such supply was made or the date of furnishing of the relevant annual return, whichever is earlier. The tax liability of the registered person will be adjusted in accordance with the credit note issued, however no reduction in output tax liability of the supplier shall be permitted, if the incidence of tax and interest on such supply has been passed on to any other person.
In cases where tax invoice has been issued for a supply and subsequently it is found that the value or tax charged in that invoice is less than what is actually payable/chargeable, the supplier can issue a debit note to the recipient.
Any registered person who issues a debit note in relation to a supply of goods or services or both, shall declare the details of such debit note in the return for the month during which such debit note has been issued and the tax liability shall be adjusted in such manner as may be prescribed.
A revised tax invoice and credit or debit note has to contain the following particulars:
(a) The word “Revised Invoice”, wherever applicable, indicated prominently
(b) Name, address and GSTIN of the supplier
(c) Nature of the document
(d) A consecutive serial number containing alphabets or numerals or special characters like hyphen or dash and slash symbolised as “-” and “/”respectively, and any combination thereof, unique for a financial year
(e) Date of issue of the document
(f)   Name, address and GSTIN or UIN, if registered, of the recipient
(g) Name and address of the recipient and the address of delivery, along with the name of State and its code, if such recipient is un-registered
(h) Serial number and date of the corresponding tax invoice or, as the case may be, bill of supply
(i)   Value of taxable supply of goods or services, rate of tax and the amount of the tax credited or, as the case may be, debited to the recipient.
(j)   Signature or digital signature of the supplier or his authorized representative.
Manner of issuing invoice
The invoice shall be prepared in triplicate, in case of supply of goods, in the following manner:
(a)The original copy being marked as ORIGINAL FOR RECIPIENT
(b) The duplicate copy being marked as DUPLICATE FOR TRANSPORTER
(c) The triplicate copy being marked as TRIPLICATE FOR SUPPLIER
The invoice shall be prepared in duplicate, in case of supply of services, in the following manner:
(a) The original copy being marked as ORIGINAL FOR RECIPIENT
(b) The duplicate copy being marked as DUPLICATE FOR SUPPLIER

The serial number of invoices issued during a tax period shall be furnished electronically through the Common Portal in Form GSTR-1.
Tax invoice in Special Cases
An ISD invoice or, as the case may be, an ISD credit note issued by an Input Service Distributor shall contain the following details:
(a) Name, address and GSTIN of the Input Service Distributor
(b) A consecutive serial number containing alphabets or numerals or special characters like hyphen or dash and slash symbolised as , “-”, “/”, respectively, and any combination thereof, unique for a financial year
(c) Date of its issue
(d) Name, address and GSTIN of the recipient to whom the credit is distributed
(e) Amount of the credit distributed
(f)   Signature or digital signature of the Input Service Distributor or his authorized representative
Tax Invoice in special cases
Where the Input Service Distributor is an office of a banking company or a financial institution, including a non-banking financial company, a tax invoice shall include any document in lieu thereof, by whatever name called, whether or not serially numbered but containing the prescribed information.
Where the supplier of taxable service is an insurer or a banking company or a financial institution, including a non-banking financial company, the said supplier shall issue a tax invoice or any other document in lieu thereof, by whatever name called, whether or not serially numbered, and whether or not containing the address of the recipient of taxable service but containing other information as prescribed under rule 1 of Invoice Rules.
Where the supplier of taxable service is a goods transport agency supplying services in relation to transportation of goods by road in a goods carriage, the said supplier shall issue a tax invoice or any other document in lieu thereof, by whatever name called, containing the gross weight of the consignment, name of the consignor and the consignee, registration number of goods carriage in which the goods are transported, details of goods transported, details of place of origin and destination, GSTIN of the person liable for paying tax whether as consignor, consignee or goods transport agency, and also containing other information as prescribed under rule 1 of Invoice Rules.
Where the supplier of taxable service is supplying passenger transportation service, a tax invoice shall include ticket in any form, by whatever name called, whether or not serially numbered, and whether or not containing the address of the recipient of service but containing other information as prescribed under rule 1 of Invoice Rules.
Transportation of goods without an invoice
In the following cases it is permissible for the consignor to issue a delivery challan in lieu of invoice at the time of removal of goods:
(a) Supply of liquid gas where the quantity at the time of removal from the place of business of the supplier is not known
(b) Transportation of goods for job work
(c) Transportation of goods for reasons other than by way of supply
(d) Such other supplies as may be notified by the Board
The delivery challan, serially numbered not exceeding 16 characters, in one or multiple series, shall contain the following details:

(i)   Date and number of the delivery challan
(ii)  Name, address and GSTIN of the consigner, if registered
(iii)          Name, address and GSTIN or UIN of the consignee, if registered
(iv)         HSN code and description of goods
(v) Quantity (provisional, where the exact quantity being supplied is not known)
(vi)         Taxable value
(vii)        Tax rate and tax amount – Central tax, State tax, Integrated tax, Union territory tax or cess, where the transportation is for supply to the consignee
(viii)      Place of supply, in case of inter-State movement
(ix)Signature
The delivery challan shall be prepared in triplicate, in case of supply of goods, in the following manner:
(a) The original copy being marked as ORIGINAL FOR CONSIGNEE
(b) The duplicate copy being marked as DUPLICATE FOR TRANSPORTER
(c) The triplicate copy being marked as TRIPLICATE FOR CONSIGNER
Where goods are being transported on a delivery challan in lieu of invoice, the same shall be declared in FORM [WAYBILL].
Where the goods being transported are for the purpose of supply to the recipient but the tax invoice could not be issued at the time of removal of goods for the purpose of supply, the supplier shall issue a tax invoice after the delivery of goods.
Where the goods are being transported in a semi knocked down or completely knocked down condition:
(a) The supplier shall issue the complete invoice before dispatch of the first consignment
(b) The supplier shall issue a delivery challan for each of the subsequent consignments, giving reference of the invoice
(c) Each consignment shall be accompanied by copies of the corresponding delivery challan along with a duly certified copy of the invoice
(d) The original copy of the invoice shall be sent along with the last consignment

Wednesday, 27 September 2017

Accounts and records in GST


Assessment in GST is mainly focused on self-assessment by the taxpayers themselves. Every taxpayer is required to self-assess the taxes payable and furnish a return for each tax period i.e. the period for which return is required to be filed. The compliance verification is done by the department through scrutiny of returns, audit and/or investigation. Thus the compliance verification is to be done through documentary checks rather than physical controls. This requires certain obligations to be cast on the taxpayer for keeping and maintaining accounts and records.
Section 35 of the CGST Act and “Accounts and Records” Rules (hereinafter referred to as rules) provide that every registered person shall keep and maintain all records at his principal place of business. It has cast the responsibility on the owner or operator of warehouse or godown or any other place used for storage of goods and on every transporter to maintain specified records. The section also empowers the Commissioner to notify a class of taxable persons to maintain additional accounts or documents for specified purpose or to maintain accounts in other prescribed manner. It also provides that every registered person whose turnover during a financial year exceeds the prescribed limit shall get his accounts audited by a chartered accountant or a cost accountant.
Section 35 provides that every registered person shall keep and maintain, at his principal place of business, as mentioned in the certificate of registration, a true and correct account of:  production or manufacture of goods inward and outward supply of goods or services or both stock of goods input tax credit availed output tax payable and paid and such other particulars as may be prescribed In addition, the rules also provide that the registered person shall keep and maintain records of- goods or services imported or exported or supplies attracting payment of tax on reverse charge along with the relevant documents, including invoices, bills of supply, delivery challans, credit notes, debit notes, receipt vouchers, payment vouchers, refund vouchers and e-way bills. In case more than one place of business is specified in the certificate of registration, the accounts relating to each place of business shall be kept at such places of business. A registered person may keep and maintain such accounts and other particulars in electronic form in such manner as may be prescribed. Following accounts and records will have to be maintained by every registered person:   accounts of stock in respect of goods received and supplied; and such account shall contain particulars of the opening balance, receipt, supply, goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples and balance of stock including raw materials, finished goods, scrap and wastage thereof a separate account of advances received, paid and adjustments made thereto

( c) an account containing the details of tax payable, tax collected and paid, input tax, input tax credit claimed together with a register of tax invoice, credit note, debit note, delivery challan issued or received during any tax period
(d )names and complete addresses of suppliers from whom goods or services chargeable to tax under the Act, have been received

( e ) names and complete addresses of the persons to whom supplies have been made
(f )  accounts of stock in respect of goods received and supplied; and such account shall contain particulars of the opening balance, receipt, supply, goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples and balance of stock including raw materials, finished goods, scrap and wastage thereof

(g )a separate account of advances received, paid and adjustments made thereto
(h ) an account containing the details of tax payable, tax collected and paid, input tax, input tax credit claimed together with a register of tax invoice, credit note, debit note, delivery challan issued or received during any tax period

(i ) names and complete addresses of suppliers from whom goods or services chargeable to tax under the Act, have been received
(j )names and complete addresses of the persons to whom supplies have been made

(k )the complete addresses of the premises where the goods are stored including goods stored during transit along with the particulars of the stock stored therein
(l ) monthly production accounts showing the quantitative details of raw materials or services used in the manufacture and quantitative details of the goods so manufactured including the waste and by products thereof

( m ) accounts showing the quantitative details of goods used in the provision of services, details of input services utilised and the services supplied
( n ) separate accounts for works contract showing the names and addresses of the persons on whose behalf the works contract is executed description, value and quantity (wherever applicable) of goods or services received for the execution of works contract description, value and quantity (wherever applicable) of goods or services utilized in the execution of works contract the details of payment received in respect of each works contract and the names and addresses of suppliers from whom he has received goods or services The books of account shall be kept at the principal place of business and at every related place(s) of business mentioned in the certificate of registration and such books of account shall include any electronic form of data stored on any electronic devices. The data so stored shall be authenticated by way of digital signature. Any entry in registers, accounts and documents shall not be erased, effaced or overwritten and all incorrect entries, other than those of clerical nature, shall be scored out under attestation and thereafter the correct entry shall be recorded and where the registers and other documents are maintained electronically, a log of every entry edited or deleted shall be maintained. Further each volume of books of account maintained manually by the registered person shall be serially numbered. Period for preservation of accounts: All accounts maintained together with all invoices, bills of supply, credit and debit notes, and delivery challans relating to stocks, deliveries, inward supply and outward supply shall be preserved for seventy- two months (six years) from the due date of furnishing of annual return for the year pertaining to such accounts and records and shall be kept at every related place of business mentioned in the certificate of registration. Electronic Records: The following requirements have been prescribed for maintenance of records in electronic form.

Proper electronic back-up of records Produce, on demand, the relevant records or documents, duly authenticated, in hard copy or in any electronically readable format
(9)       Records to be maintained by owner or operator of godown or warehouse and  transporters: The   transporters,  owners or operators of godowns, if not already registered under the GST Act(s), shall submit the details regarding their business electronically on the Common Portal in FORM GST ENR-01. A unique enrolment number shall be generated and communicated to them. A person in any other State or Union territory shall be deemed to be enrolled in the State or Union Territory.

(10)      Every person engaged in the business of transporting goods shall maintain records of goods transported, delivered and goods stored in transit by him and for each of his branches. Every owner or operator of a warehouse or godown shall maintain books of accounts, with respect to the period for which particular goods remain in the warehouse, including the particulars relating to dispatch, movement, receipt, and disposal of such goods. The goods shall be stored in such manner that they can be identified item wise and owner wise and shall facilitate any physical verification or inspection, if required at any time.