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GSTGoods and Services Tax
&COMPANY
Chartered Accountants
www.vmrca.com | www.vmradvisors.com
info@vmrca.com
+91 – 7428243651 | 9013308933 | 45170547
GST | SOLAR | MSME
GST is an Indirect Tax which has replaced many
Indirect Taxes in India.
 The Goods and Service Tax Act, 2017 was
passed in the Parliament on 29th March 2017.
 The Act came into effect on 1st July 2017;
Goods & Services Tax Law in India is
a comprehensive, multi-stage, destination-based
tax that is levied on every value addition
What is GST in India?
GST is one indirect tax for the entire country.
So, before Goods and Service Tax, the pattern of tax levy was as
follows:
Buying Raw
Materials
Manufacture
Final sale to
customer
Sale to retailer
Sale to
warehouse/war
ehousing
VAT/CST
+ Excise
VAT/CST + Excise Duty
VAT
VAT
Final sale to
customer
GST Multi-stage
There are multiple change-of-
hands an item goes through along
its supply chain: from
manufacture to final sale to the
consumer.
Let us consider the following case:
Purchase of raw materials
Production or manufacture
Warehousing of finished goods
Sale to wholesaler
Sale of the product to the retailer
Sale to the end consumer
Buying Raw
Materials
Manufacture
Sale to retailer
Sale to
warehouse/wareho
using
Goods and Services Tax is levied on each of these stages which
makes it a multi-stage tax
IMPORT
What are the components of GST?
There are 3 taxes applicable under this system: CGST, SGST & IGST.
CGST: Collected by the Central Government on an intra-state sale
SGST: Collected by the State Government on an intra-state sale
IGST: Collected by the Central Government for inter-state sale
Tax Payable ITC Utilisation Order
IGST IGST > CGST > SGST
CGST IGST > CGST
SGST/UTGST IGST > SGST/UTGST
PREFERENCE OF UTILISATION OF GST INPUT
Advantages Of GST
GST has mainly removed the Cascading effect on the sale of goods and services.
Removal of cascading effect has impacted the cost of goods. Since the GST
regime eliminates the tax on tax, the cost of goods decreases. GST is also mainly
technologically driven. All activities like registration, return filing, application
for refund and response to notice needs to be done online on the GST Portal;
this accelerates the processes
 Uniformity in Taxation
 Helping Government Revenue Find Buoyancy
 Cascading of Taxes
 Simpler and Lesser Number of Compliances
 Common Procedures
 Common Portal
Collection of
taxes – GST
registration helps
to collect taxes
from customers
also pass on the
tax credit to
customers on
purchases made
Input Tax
Credit – A
customer can
claim ITC (Input
Tax Credit) for
taxes paid on
purchases and
can utilize the
same credit
towards payment
of due taxes
Seamless Flow
– At the national
level, GST helps
the seamless flow
of ITC towards
recipients from
suppliers
Advantages of GST Registration
Who Should Register for GST?
> Individuals registered under the Pre-GST law (i.e., Excise, VAT,
Service Tax etc.)
> Businesses with turnover above the threshold limit of Rs. 20
Lakhs Rs. 40 Lakh(wef 01-04-19) (Rs. 20 Lakhs for North-Eastern
States, J&K, Himachal Pradesh and Uttarakhand)
> Casual taxable person / Non-Resident taxable person
> Agents of a supplier & Input service distributor
> Those paying tax under the reverse charge mechanism
> Person who supplies via e-commerce aggregator
> Every e-commerce aggregator
> Person supplying online information and database access or
retrieval services from a place outside India to a person in India,
other than a registered taxable person
1. The limit of GST Registration is Increase from Rs. 20 Lakh to
Rs. 40 Lakh for suppliers of goods. However, this limit
remains Rs 20 lakhs for suppliers of services
2. GST Composition limit is hiked to Rs. 1.5 crore. Tax
payments to be made quarterly and returns to be filed
annually starting 1st April 2019.
3. New composition scheme is introduced for service providers
and those who supply services along with goods; the
Turnover limit set is Rs 50 lakhs and the Tax rate is fixed at
6%
Effective Date 01-Apr-2019
Latest for 32nd GST Council Meeting
Who can opt for Composition Scheme?
A taxpayer whose turnover is below Rs 1.0 crore* Rs. 1.5 Crore
can opt for Composition Scheme. In case of North-Eastern
states and Himachal Pradesh, the limit is now Rs 75* lakh.
The following people cannot opt for the scheme:
 Supplier of services other than restaurant related services
 Manufacturer of ice cream, pan masala, or tobacco
 A person making inter-state supplies
 A casual taxable person or a non-resident taxable person
 Businesses which supply goods through an e-commerce
operator
Composition Scheme
 Lesser compliance (returns,
maintaining books of
record, issuance of
invoices)
 Limited tax liability
 High liquidity as taxes are
at a lower rate
 Within State
 No Input Tax Credit
 The taxpayer will not be
eligible to supply exempt goods
or goods through an e-
commerce portal.
Advantages
Disadvantages
Return Due Date Persons Required To File
GSTR-1
11th Of Every Month Turnover Exceeding Rs.1.50 Cr. Or Opted To
File Monthly Return. And 31st Of The Month Following The
Quarter For Which The Return Is Being Filed. Quarterly Return For
Registered Persons With Aggregate Turnover Up To Rs.1.50 Cr.
All Registered Person
GSTR-2 For The Time Of Being GST Council Has Suspended All Registered Person
GSTR-3B 20TH OF Every Month All Registered Person
GSTR-4 18Th Of The Month Following The Quarter For
Which The Return Is Being Filed.
Person Registered Under Composition Scheme
GSTR-5 20Th Of Every Month And Within 7 Days After
Expiry Of Registration
Non-Resident Taxable Person
GSTR-6 13Th Of Every Month Input Service Distributors
GSTR-7
10Th Of Every Month Persons Remitting TDS Under Section 51 Of The GST Act
GSTR-8 10Th Of Every Month E-Commerce Operators
GSTR-9 31St Dec Of Next Financial Year, CBIC Revise The
Due Date Of GSTR9 FY 17-18 is 31St Mar-2019
Registered Persons
GSTR-10
Within 3 Months Of Cancellation Of GST Registration
Registered Persons Who Opts Cancel Or Surrender GST
Registration
Types of GST Returns & Due Dates
on solar power generating
plant and other renewable energy plants
> GST rate of 5% rate has been prescribed on
renewable energy devices & parts for their
manufacture (bio gas plant/solar power based
devices, solar power generating system (SGPS)
etc) [falling under chapter 84, 85 or 94 of the
Tariff].
> Other goods or services used in these plants
attract applicable GST.
GST on Solar Power Plant
In the 31st GST Council Meeting on 22nd Dec., 18 decided as follows:
> Certain disputes have arisen regarding GST rates where
specified goods attracting 5% GST are supplied along
with services of construction etc and other goods for
solar power plant.
> To resolve the dispute the Council has recommended
that in all such cases, the 70% of the gross value shall be
deemed as the value of supply of said goods attracting
5% rate and the remaining portion (30%) of the aggregate
value of such EPC contract shall be deemed as the value
of supply of taxable service attracting standard GST rate.
GST on Solar Power Plant
UDYOG AADHAAR
MSMEMICRO SMALL AND MEDIUM ENTERPRISES
उद्योगआधार
UDYOG AADHAR is a unique 12 digit UDYOG AADHAR Number (UAN). The
government of India initiated UDYOG AADHAR registration. In recent times,
for reinforcing small-scale businesses within the country, the govt. of India
has initiated the UDYOG AADHAR Registration method.
Benefits of UDYOG AADHAR
 Collateral free loans from bank
 Excise exemption
 Government subsidy
 1% exemption in interest on OD
 Reduce rate of interest of Banks
 Protection on delay in payments
 Exemptions while applying
government tenders
 Waiver of stamp duty & registration
fee
 Octroi benefits
 Fast resolution of disputes
उद्योगआधार
MCA issued notification for filing of MSME-1 form:
Who need to file ?
Every Company which has received goods or services from Micro &
Small Enterprise AND Payment is due/ not paid to such enterprise for
46 days from date of acceptance
E-FORM MSME-1
Refund on GST
SITUATIONS LEADING TO REFUND
CLAIMS
1.Export of Goods or services
2. Supplies to SEZs units and
developers
3. Deemed Export supplies
4. Refund of taxes on purchase
made by UN or embassies etc
5. Refund arising on account of
judgment, decree, order or
direction of the Appellate
Authority, Appellate Tribunal or
any court
6. Refund of accumulated Input
Tax Credit on account of
inverted duty structure
7. Finalisation of provisional
assessment
8. Refund of pre-deposit
9. Excess payment due to mistake
10. Refunds to International tourists
of GST paid on goods in India and
carried abroad at the time of their
departure from India
11. Refund on account of issuance
of refund vouchers for taxes paid on
advances against which goods or
services have not been supplied
12. Refund of CGST & SGST paid by
treating the supply as intra-State
supply which is subsequently held
as inter-State supply and vice versa.
STANDARDISATION OF PROCEDURE
> The GST laws makes standardised provisions for making a refund
claim.
> Every claim has to be filed online in a standardised form. The
application shall be forwarded to the proper officer who shall, within a
period of fifteen days of filing of the said application, scrutinize the
application for its completeness and where the application is found to
be complete in all terms, an acknowledgement shall be made available
to the applicant through the common portal electronically. However,
till the time the refund module on the GSTN portal is operationalised,
facility for manual filing of refund claims has been provided. The claim
for refund of amount lying in the credit balance of the cash ledger can
be made in the monthly returns also. The proper officer has to convey
deficiencies if any in the refund claimed in such cases the claim will
be sent back to the applicant along with the notified deficiencies and
the applicant can file the refund claim again after making goods the
deficiencies.
THANKS !
Specific Questions Please ……

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CA Vikas singh chauhan gst presentation VMR

  • 1. GSTGoods and Services Tax &COMPANY Chartered Accountants www.vmrca.com | www.vmradvisors.com info@vmrca.com +91 – 7428243651 | 9013308933 | 45170547 GST | SOLAR | MSME
  • 2. GST is an Indirect Tax which has replaced many Indirect Taxes in India.  The Goods and Service Tax Act, 2017 was passed in the Parliament on 29th March 2017.  The Act came into effect on 1st July 2017; Goods & Services Tax Law in India is a comprehensive, multi-stage, destination-based tax that is levied on every value addition What is GST in India?
  • 3. GST is one indirect tax for the entire country. So, before Goods and Service Tax, the pattern of tax levy was as follows: Buying Raw Materials Manufacture Final sale to customer Sale to retailer Sale to warehouse/war ehousing VAT/CST + Excise VAT/CST + Excise Duty VAT VAT
  • 4. Final sale to customer GST Multi-stage There are multiple change-of- hands an item goes through along its supply chain: from manufacture to final sale to the consumer. Let us consider the following case: Purchase of raw materials Production or manufacture Warehousing of finished goods Sale to wholesaler Sale of the product to the retailer Sale to the end consumer Buying Raw Materials Manufacture Sale to retailer Sale to warehouse/wareho using Goods and Services Tax is levied on each of these stages which makes it a multi-stage tax IMPORT
  • 5. What are the components of GST? There are 3 taxes applicable under this system: CGST, SGST & IGST. CGST: Collected by the Central Government on an intra-state sale SGST: Collected by the State Government on an intra-state sale IGST: Collected by the Central Government for inter-state sale
  • 6. Tax Payable ITC Utilisation Order IGST IGST > CGST > SGST CGST IGST > CGST SGST/UTGST IGST > SGST/UTGST PREFERENCE OF UTILISATION OF GST INPUT
  • 7. Advantages Of GST GST has mainly removed the Cascading effect on the sale of goods and services. Removal of cascading effect has impacted the cost of goods. Since the GST regime eliminates the tax on tax, the cost of goods decreases. GST is also mainly technologically driven. All activities like registration, return filing, application for refund and response to notice needs to be done online on the GST Portal; this accelerates the processes  Uniformity in Taxation  Helping Government Revenue Find Buoyancy  Cascading of Taxes  Simpler and Lesser Number of Compliances  Common Procedures  Common Portal
  • 8. Collection of taxes – GST registration helps to collect taxes from customers also pass on the tax credit to customers on purchases made Input Tax Credit – A customer can claim ITC (Input Tax Credit) for taxes paid on purchases and can utilize the same credit towards payment of due taxes Seamless Flow – At the national level, GST helps the seamless flow of ITC towards recipients from suppliers Advantages of GST Registration
  • 9. Who Should Register for GST? > Individuals registered under the Pre-GST law (i.e., Excise, VAT, Service Tax etc.) > Businesses with turnover above the threshold limit of Rs. 20 Lakhs Rs. 40 Lakh(wef 01-04-19) (Rs. 20 Lakhs for North-Eastern States, J&K, Himachal Pradesh and Uttarakhand) > Casual taxable person / Non-Resident taxable person > Agents of a supplier & Input service distributor > Those paying tax under the reverse charge mechanism > Person who supplies via e-commerce aggregator > Every e-commerce aggregator > Person supplying online information and database access or retrieval services from a place outside India to a person in India, other than a registered taxable person
  • 10. 1. The limit of GST Registration is Increase from Rs. 20 Lakh to Rs. 40 Lakh for suppliers of goods. However, this limit remains Rs 20 lakhs for suppliers of services 2. GST Composition limit is hiked to Rs. 1.5 crore. Tax payments to be made quarterly and returns to be filed annually starting 1st April 2019. 3. New composition scheme is introduced for service providers and those who supply services along with goods; the Turnover limit set is Rs 50 lakhs and the Tax rate is fixed at 6% Effective Date 01-Apr-2019 Latest for 32nd GST Council Meeting
  • 11. Who can opt for Composition Scheme? A taxpayer whose turnover is below Rs 1.0 crore* Rs. 1.5 Crore can opt for Composition Scheme. In case of North-Eastern states and Himachal Pradesh, the limit is now Rs 75* lakh. The following people cannot opt for the scheme:  Supplier of services other than restaurant related services  Manufacturer of ice cream, pan masala, or tobacco  A person making inter-state supplies  A casual taxable person or a non-resident taxable person  Businesses which supply goods through an e-commerce operator
  • 12. Composition Scheme  Lesser compliance (returns, maintaining books of record, issuance of invoices)  Limited tax liability  High liquidity as taxes are at a lower rate  Within State  No Input Tax Credit  The taxpayer will not be eligible to supply exempt goods or goods through an e- commerce portal. Advantages Disadvantages
  • 13. Return Due Date Persons Required To File GSTR-1 11th Of Every Month Turnover Exceeding Rs.1.50 Cr. Or Opted To File Monthly Return. And 31st Of The Month Following The Quarter For Which The Return Is Being Filed. Quarterly Return For Registered Persons With Aggregate Turnover Up To Rs.1.50 Cr. All Registered Person GSTR-2 For The Time Of Being GST Council Has Suspended All Registered Person GSTR-3B 20TH OF Every Month All Registered Person GSTR-4 18Th Of The Month Following The Quarter For Which The Return Is Being Filed. Person Registered Under Composition Scheme GSTR-5 20Th Of Every Month And Within 7 Days After Expiry Of Registration Non-Resident Taxable Person GSTR-6 13Th Of Every Month Input Service Distributors GSTR-7 10Th Of Every Month Persons Remitting TDS Under Section 51 Of The GST Act GSTR-8 10Th Of Every Month E-Commerce Operators GSTR-9 31St Dec Of Next Financial Year, CBIC Revise The Due Date Of GSTR9 FY 17-18 is 31St Mar-2019 Registered Persons GSTR-10 Within 3 Months Of Cancellation Of GST Registration Registered Persons Who Opts Cancel Or Surrender GST Registration Types of GST Returns & Due Dates
  • 14. on solar power generating plant and other renewable energy plants
  • 15. > GST rate of 5% rate has been prescribed on renewable energy devices & parts for their manufacture (bio gas plant/solar power based devices, solar power generating system (SGPS) etc) [falling under chapter 84, 85 or 94 of the Tariff]. > Other goods or services used in these plants attract applicable GST. GST on Solar Power Plant In the 31st GST Council Meeting on 22nd Dec., 18 decided as follows:
  • 16. > Certain disputes have arisen regarding GST rates where specified goods attracting 5% GST are supplied along with services of construction etc and other goods for solar power plant. > To resolve the dispute the Council has recommended that in all such cases, the 70% of the gross value shall be deemed as the value of supply of said goods attracting 5% rate and the remaining portion (30%) of the aggregate value of such EPC contract shall be deemed as the value of supply of taxable service attracting standard GST rate. GST on Solar Power Plant
  • 17. UDYOG AADHAAR MSMEMICRO SMALL AND MEDIUM ENTERPRISES उद्योगआधार UDYOG AADHAR is a unique 12 digit UDYOG AADHAR Number (UAN). The government of India initiated UDYOG AADHAR registration. In recent times, for reinforcing small-scale businesses within the country, the govt. of India has initiated the UDYOG AADHAR Registration method.
  • 18. Benefits of UDYOG AADHAR  Collateral free loans from bank  Excise exemption  Government subsidy  1% exemption in interest on OD  Reduce rate of interest of Banks  Protection on delay in payments  Exemptions while applying government tenders  Waiver of stamp duty & registration fee  Octroi benefits  Fast resolution of disputes उद्योगआधार
  • 19. MCA issued notification for filing of MSME-1 form: Who need to file ? Every Company which has received goods or services from Micro & Small Enterprise AND Payment is due/ not paid to such enterprise for 46 days from date of acceptance E-FORM MSME-1
  • 20. Refund on GST SITUATIONS LEADING TO REFUND CLAIMS 1.Export of Goods or services 2. Supplies to SEZs units and developers 3. Deemed Export supplies 4. Refund of taxes on purchase made by UN or embassies etc 5. Refund arising on account of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any court 6. Refund of accumulated Input Tax Credit on account of inverted duty structure 7. Finalisation of provisional assessment 8. Refund of pre-deposit 9. Excess payment due to mistake 10. Refunds to International tourists of GST paid on goods in India and carried abroad at the time of their departure from India 11. Refund on account of issuance of refund vouchers for taxes paid on advances against which goods or services have not been supplied 12. Refund of CGST & SGST paid by treating the supply as intra-State supply which is subsequently held as inter-State supply and vice versa.
  • 21. STANDARDISATION OF PROCEDURE > The GST laws makes standardised provisions for making a refund claim. > Every claim has to be filed online in a standardised form. The application shall be forwarded to the proper officer who shall, within a period of fifteen days of filing of the said application, scrutinize the application for its completeness and where the application is found to be complete in all terms, an acknowledgement shall be made available to the applicant through the common portal electronically. However, till the time the refund module on the GSTN portal is operationalised, facility for manual filing of refund claims has been provided. The claim for refund of amount lying in the credit balance of the cash ledger can be made in the monthly returns also. The proper officer has to convey deficiencies if any in the refund claimed in such cases the claim will be sent back to the applicant along with the notified deficiencies and the applicant can file the refund claim again after making goods the deficiencies.