1. Return filing System

Council decided to extend the Current system of filing return (GSTR-3B & GSTR-1) extended for another three months i.e., April to June, 2018 till the new return system is finalized.


2. Reverse charge mechanism

The liability to pay tax on Reverse Charge Mechanism (RCM) has been deferred till 30.06.2018.



The provisions for deduction of tax at source (TDS) under section 51 of the CGST Act and collection of tax at source (TCS) under section 52 of the CGST Act shall remain suspended till 30.06.2018.


4. Grievance Redressal Mechanism

GST implementation Committee (GIC) has been tasked with the work of redressing the grievances caused to the taxpayers arising out of IT glitches.


5. Tax exemptions for exporters

(a) GST Council also agreed today to:

· Defer the implementation of the e-Wallet scheme by 6 months i.e., up to 01.10.2018; and

· Extend the present exemptions to exporters which is available up to 31.03.2018, extend for a further 6 months i.e., up to 01.10.2018.

(b) Special exporter (under Advance Authorization, EPCG and EOU schemes)refunds drives to be started from 15th March 2018 so that the refund claims can be cleared up to 31st March 2018.

(c) A new window shall open for exporter to rectify mistakes for refund

6. GST returns Data Analysis

CBEC and GSTN have started detailed data analytics across a number of data sets available with them. The outcome of preliminary data analysis has revealed interesting insights:

· It has emerged that there is variance between the amounts of IGST & Compensation cess paid by importers at Customs ports and input tax credit of the same claimed in GSTR-3B.

· There are major data gaps between self-declared liability in FORM GSTR-1 and FORM GSTR-3B.

7. Implementation of E-way Bill

(a) E-way bill for Interstate movements of goods to become mandatory w.e.f. 1st April 2018 as per amended E-Way bill rules 2018.

(b) The whole country divided into 4 regions for the purpose of Intrastate E-Way bill. Each region to have mandatory intrastate E-Way bill system on a gap of weekly basis so that e-way bill system will be introduced in all the regions w.e.f. a date to be announced in a phased manner but not later than 01st June, 2018.

(c) Consignor can authorize the transporter, courier agency and e-commerce operator to fill PART-A of the e-way bill on his behalf.

(d) E-way bill is required to be generated only where the value of the consignment exceeds Rs. 50000/-. For smaller value consignments, no e-way bill is required.

(e) No requirement to generate e-way bill where an individual consignment value is less than Rs. 50,000/-, even if the transporter is carrying goods of more than Rs. 50,000/- in a single conveyance.

(f) Value of exempted goods has been excluded from the value of the consignment, for the purpose of e-way bill generation.

(g) Railways have been exempted from generation and carrying of the e-way bill with the condition that without the production of an e-way bill, railways will not deliver the goods to the recipient. But railways are required to carry invoice or delivery challan etc.

(h) Time period for the recipient to communicate his acceptance or rejection of the consignment would be the validity period of the concerned e-way bill or 72 hours, whichever is earlier.

(i) In case of movement of goods on account of job-work, the registered job worker can also generate the e-way bill.

(J) Movement of goods from the place of the consignor to the place of transporter up to a distance of 50 Km [increased from 10 km] does not require filling of PART-B of the e-way bill. They have to generate PART-A of an e-way bill.

(k) Extra validity period has been provided for Over Dimensional Cargo (ODC).

(l) If the goods cannot be transported within the validity period of the e-way bill, the transporter may extend the validity period in case of transshipment or in case of circumstances of an exceptional nature.

(m) The conveyance once verified by any tax officer, the same conveyance will not be subject to the second check-in any State or Union territory, unless and until specific information for the same is received.

(n) The validity of one day will expire at midnight of the day immediately following the date of generation of the e-way bill.

(o) In case of movement of goods by railways, airways and waterways, the e-way bill can be generated even after commencement of movement of goods.

(p) Public conveyance has also been included as a mode of transport and the responsibility of generating the e-way bill in case of movement of goods by public transport would be that of the consignor or consignee.

(q) Movement of goods on account of Bill-To-Ship-To supply will be handled through the capturing of the place of dispatch in PART-A of the e-way bill.




Quick updates of 26th GST council meeting held on 10th March 2018

Quick updates of 26th GST council meeting held on 10th March 2018




1. Council decided to extend the current system of filing simplified return i.e. GSTR-3B up to 30th June 2018. No conclusive decision was taken on GSTR 1,2,3 simplifications as the taxman is of the opinion that simplification should not provide room for tax evasion.

2. TDS & TCS provisions also extended till 30th June 2018 for the want of proper IT infrastructure.

3. E-way bill for Interstate movements of goods to become mandatory w.e.f. 1stApril 2018 as per amended E-Way bill rules 2018

4. The whole country divided into 4 regions for the purpose of the intrastate E-Way bill. Each region to have mandatory intrastate e-way bill system on a gap of weekly basis so that all regions can be covered within the month of April.

5. Certain tax exemptions which were earlier given to exporters till March 2018 has been extended for a further period of 6 months.

6. Special exporter GST refund drive to be started from 15th March 2018 so that the refund claims can be cleared up to 31st March 2018.

GST Refunds: Q & Ans

GST Refunds: Q & Ans

gst refund


Q1. What are the cases in which refund will be sanctioned to the claimant?

Ans: Refund will be sanctioned in following cases:

• Refund of excess balance in Electronic Cash Ledger.

• Refund of tax paid on zero rated supply of goods or services of both.

• Refund of tax on inputs/input services used in making zero rated supply.

• Refund on account of ITC accumulated due to Inverted Tax Structure.

• Refund of tax paid on Deemed Exports.

• Finalisation of provisional assessment.

• On account of appeal/any other adjudication order.

• Refund for tax paid on purchase made by UN bodies and other Notified Agencies.

• Tax Refund for International Tourists.

Q.2 Have the procedure for claiming refund been simplied in GST regime?

Ans: Yes. The procedures relating to export have been simplified in GST Regime. The process for the same is as follows:

• Application for refund shall be filed for a tax period in FORM GST RFD-01A online on the common portal.

• Valid return in FORM GSTR-3B and GSTR-1 has to be filed for the tax period for which refund application has been filed.

• Registered person applying for refund must give an undertaking to the effect that the amount of refund sanctioned would be paid back to the Government with interest in case it is found subsequently that the requirements have not been complied with in respect of the amount refunded.

• On filing of refund application, an Acknowledgement Reference Number shall be generated.

• The FORM GST RFD-01A along with the ARN and other necessary documents needs to be submitted manually in the office of the jurisdictional proper officer.

Q.3 Whether there is any time limit to file refund claim?

Ans: Generally, Yes. The refund claim has to be filed within two years from the relevant date. However, no time limit where tax/interest/ or any other amount has been paid under protest.

Q.4 Whether there is any provision for condonation of delay in filing refund claim beyond two years from the relevant date?

Ans: No, there is no provision to condone the delay and the refund claim will be rejected without getting any merits of the refund claim.

Q.5 How soon will refund in respect of export of goods/services be santioned?

Ans: The refundable amount shall be sanctioned within 60 days from the date of receipt of application complete in all respects.

However, as a measure of facilitation to exporters, 90% of the amount excluding the amount of input tax credit provisionally accepted will be refunded within seven days from the date of acknowledgement in Form GST RFD-04.Provisional refund shall be calculated taking into account the total Input Tax Credit, without making any reduction of credit being provisionally accepted.

Q.6 Can refund of wrong payment of tax be granted?

Ans: Yes, a person may be granted refund of taxes which have been wrongly paid and credited to the electronic cash ledger. A taxable person may pay integrated tax instead of central tax/state tax because of incorrect application of the place of supply provisions. In such case, the taxable person may file an application for refund of excess cash credited in the electronic cash ledger.

Q.7 Can refund of unutilized ITC be allowed as refund to exporters?

Ans: Yes, refund of any unutilised input tax credit of inputs and input services will be allowed except where
• the goods exported out of India are subjected to export duty; or
• the exporter claims drawback of CGST or refund of IGST paid on such export.

Q.8 Whether refund:can be granted to Casual/Non–Resident Taxable Persons?

Ans: Casual/Non – resident taxable person has to pay tax in advance at the time of registration. Refund may be granted to such persons at the end of the registration
period because the tax paid in advance may be more than the actual tax liability on the supplies made by them during the period of validity of registration period.

Q.9 Will the principle of unjust enrichment shall be applicable for all sorts of refund?

Ans: The principle of unjust enrichment would be applicable in all cases of refund except in the following cases:–

• Refund of tax paid on zero-rated supplies of goods or services or both or on inputs or input services used in making such zero-rated supplies.

• Unutilized input tax credit in respect of (a) zero rated supplies made without payment of tax or, (b) where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies.

• Refund of tax paid on a supply which is not provided, either wholly or partially, and for which invoice has not been issued.

• Refund of tax where tax wrongfully collected and paid to Central Government or State Government.

• If the incidence of tax or interest paid has not been passed on to any other person.

• Such other class of persons who has borne the incidence of tax as the Government may notify.



GST Council Meet: E-Way Bill mandatory from April, Existing GST Return filing process to continue for 3 months

GST Council Meet: E-Way Bill mandatory from April, Existing GST Return filing process to continue for 3 months

26th gst

The Goods and Services Tax (GST) Council, in its 26th meeting held in New Delhi, decided to rollout E-Way Bill from next month. The Council further decided to continue the existing return filing procedure for next three months.

Union Finance Minister Arun Jaitley, while addressing the media after the meeting confirmed that E-Way Bill is mandatory for inter-State transportation of goods from 1st April and for intra-State transportation from 15th April.

He further added that the existing system of filing GST returns has been extended for another three months.

He also said that the Group of Ministers on the Income Tax will look into the GST filing and consult tax experts among others. “No more simplification in return filing not required,” he said.

Jaitley had in January, said that the implementation of the e-way bill for intra and inter-state movement of goods would start from February 1, with 15 states agreeing to implement it on a trial basis.

Though the EWB was launched on February 1st, the Government had to postpone the same and continue with the trial phase due to technical glitches on the official website.

The Council further decided to postpone the implementation of Reverse charge mechanism (RCM) to three months. Further, the TDS and TCS provisions will be implemented from June this year.

The exemptions being enjoyed by the exporters will continue, he said.