Model GST Law

Presented by 
FCA. Puneet Goyal

• Finally Government succeeding in getting passed GST on 3rd August 2016 in Rajya Sabha.

The Constitution (122nd Amendment) Bill 2014 on GST as amended by Rajya Sabha on  3rd August 2016 passed in LOK Sabha on 08th August 2016.

The Constitution (122nd Amendment) Bill 2014 will be called The Constitution (101st Amendment) Act 2016 after getting assent of President of India.

After the ratification and the subsequent Presidential assent, a GST Council with the representatives from the Centre and States will be formed within 60 days of the enactment of the Bill.

After Assam became the first state to ratify the Constitution (122nd Amendment) Bill 2014 on GST, till today i.e. 23rd August 2016 six states ratified the Bill.

Other states had also decided tentative schedules for the ratification in their respective state assemblies.

The Government expects to complete the ratification process by the States within a month and expecting target implementation date 1st April 2017 for GST.

As per Clause 12 of The Constitution (122nd Amendment) Bill 2014, article 279A shall be inserted in Constitution of India and as per this article, The President shall, within 60 days from the date of commencement of The Constitution (101st Amendment) Act 2016, by order, constitute a council to be called Goods and Service Tax Council.

GST Council will have members from Centre and State Government .

GST Council will recommend to the Union and State on various issues like the taxes, cess etc. levied by Union, State and local bodies which may be subsummed in the GST, goods and service exempted from GST, threshold limits of turnover, the principle that govern the place of supply etc.

Please find below link at CBEC.GOV.IN website of Draft Model GST Law:

http://cbec.gov.in/resources//htdocs-cbec/deptt_offcr/model-gst-law.pdf

I hope above blog is useful for you. Your valuable feedback in respect of same would be highly appreciated.

(Disclaimer: The above analysis has been drafted as per various provisions of Constitution of India. The analysis may not be entirely correct for reader to reader due to different interpretations by different readers. The readers are advised to take into the consideration the prevailing legal position before acting on author’s view in caption blog. We shall not be responsible for any loss caused based on this interpretation.)

Our blog: srpgc.blogspot.in

Our Youtube: https://www.youtube.com/channel/UC5SMlLQr2zr49BT9aYT8nZw

Our Website: http://srpgc.com/model-gst-law/

ANALYSIS OF REVERSE CHARGE MECHANISM IN RESPECT OF MANPOWER SUPPLY SERVICES OR SECURITY SERVICES DATED 31.05.2015

Presented By 

FCA. Puneet Goyal

(Before proceeding further please read the disclaimer at the bottom of this write up)

As we all know that after introduction of negative list approach, in respect of above services, service tax is payable by both the service provider as well as services receiver. However it is not applicable in all cases.

Now along with Finance Act 2015 some changes has been made in respect RCM on manpower supply services or security services.

In this article we are trying to show position of service receiver and service provider after amendment in NN 30/2012 dated 20^th June, 2012 by NN 07/2015 dated 01/03/2015 w.e.f. 01/04/2015.

As per sub clause (v) of clause (I) of NN-30/2012 ST dated 20.06.2012 read with s.no. 8 of Table of NN-30/2012 ST dated 20.06.2012, we can conclude as under:

Service tax liability of Service Provider and Service Receiver up to 31/03/2015

TABLE SHOWING EXTENT OF SERVICE TAX PAYABLE BY SERVICE PROVIDER AND SERVICE RECIVER:

S. NO.	SERVICE PROVIDER	SERVIVE RECEIVER	EXTENT OF SERVICE TAX PAYABLE BY
			SERVICE PROVIDER	SERVICE RECEIVER
1	Any individual, HUF or partnership firm or association of persons	DO	100%	NIL
2	Any individual, HUF or partnership firm or association of persons	Body Corporate	25%	75%
3	Body Corporate	Any individual, HUF or partnership firm or association of persons	100%	NIL
4	Body Corporate	Body Corporate	100%	NIL

Thus it is clear from above table that only in one case 75% service tax is payable by service receiver and not in all cases i.e. when service provider is any individual etc and service receiver is body corporate.

Service tax liability of Service Provider and Service Receiver WEF 01/04/2015

S. NO.	SERVICE PROVIDER	SERVIVE RECEIVER	EXTENT OF SERVICE TAX PAYABLE BY
			SERVICE PROVIDER	SERVICE RECEIVER
1	Any individual, HUF or partnership firm or association of persons	DO	100%	NIL
2	Any individual, HUF or partnership firm or association of persons	Body Corporate	0%	100%
3	Body Corporate	Any individual, HUF or partnership firm or association of persons	100%	NIL
4	Body Corporate	Body Corporate	100%	NIL

Thus it is clear from above table that only in one case 100% service tax is payable by service receiver and not in all cases i.e. when service provider is any individual etc and service receiver is body corporate.

RELEVANT DEFINITIONS

1.       “supply of manpower” means supply of manpower, temporarily or otherwise, to another person to work under his superintendence or control.’

2.      "security services" means services relating to the security of any property, whether movable or immovable, or of any person, in any manner and includes the services of investigation, detection or verification, of any fact or activity;"

I hope above blog is useful for you. Your valuable feedback in respect of same would be highly appreciated.

(Disclaimer: The above analysis has been drafted as per various provisions of Finance Act 1994, and notifications and circulars issued thereunder. The analysis may not be entirely correct for reader to reader due to different interpretations by different readers. The readers are advised to take into the consideration the prevailing legal position before acting on author’s view in caption article. We shall not be responsible for any loss caused based on this interpretation.)

Our blog: srpgc.blogspot.in

Our Youtube: https://www.youtube.com/channel/UC5SMlLQr2zr49BT9aYT8nZw

Our Website: http://www.srpgc.com/

Categorization of Services Under Finance Act 1994 by FCA. Puneet Goyal

AMENDMENTS MADE IN SERVICE TAX BY FINANCE BILL 2016

First You Tube Video By FCA. Puneet Goyal on Goods and Service Tax..

ANALYSIS OF AMENDMENTS IN SERVICE TAX BY FINANCE BILL 2016

                                                    Presented By:                                                                          CA. Puneet Goyal

Important Note

1.       This analysis covers amendments made by Finance Bill      2016 in Finance Act, 1994 only.
2.         Amendments made in STR, CCR, POT Rules and in various    notifications are not covered under this analysis.

A. EXTRACT OF DO LETTER BY JS (TRU-II)

The Finance Minister has, while presenting the Union Budget 2016-17, introduced the Finance Bill, 2016 in the Lok Sabha on the 29th of February, 2016.

Clauses 145 to 157 of the Bill cover the amendments made to Chapter V of the Finance Act, 1994.

Chapter VI of the Bill (clause 158) proposes to levy Krishi Kalyan Cess, on any or all the taxable services at the rate of 0.5% of the value of taxable services with effect from 1st June, 2016.  

 Changes are also proposed in,-
· the Service Tax Rules, 1994 (STR);
· the Point of Taxation rules, 2011;

· the CENVAT Credit Rules, 2004(Cenvat Rules) 

It may be noted that changes being made in the Budget are coming into effect on various dates, as indicated below:

(i) Changes coming into effect immediately w.e.f. the 1st day of March, 2016;

(ii) Changes coming into effect from the 1st day of April, 2016;

(iii) The amendments which will get incorporated in the Finance Act, 1994 on enactment of the Finance Bill, 2016;

(iv) The amendments made in the Finance Act, 1994, which will come into effect from 1st day of June, 2016 after the enactment of the Finance Bill, 2016; and

(v) Chapter VI of the Finance Bill, 2016, regarding levy of Krishi Kalyan Cess on all taxable services will come into effect from 1st June 2016.

B. Changes Made in Various Definitions Under Section 65B

1.        Clause (11) of section 65 shall be omitted. Definition of approved vocational education course omitted here and inserted in Mega Exemption Notification i.e. NN 25/2012 dated 20.06.12. Applicable on enactment of Finance Bill 2016. By this amendment, it has been reorganized.
2.          In clause (44) of section 65B, in Explanation 2, in sub-clause (ii), for item (a), the following item shall be substituted  “(a) by a lottery distributor or selling agent on behalf of the State Government, in relation to promotion, marketing, organising, selling of lottery or facilitating in organising lottery of any kind, in any other manner, in accordance with the provisions of the Lotteries (Regulation) Act, 1998;” By this amendment scope of service widened. Applicable on enactment of Finance Bill 2016.
3.          Section 4(c) of the Lotteries (Regulation) Act, 1998 provides that the State Government shall sell the tickets either itself or through distributors or selling agents. Thus, as per the provisions of the Lotteries (Regulation) Act, 1998, the transaction between the State Government and the distributors or selling agents is on principal to agent basis. Any contract contrary to the aforesaid legal provisions is ultra vires the provisions of Indian Contracts Act, 1872 and thus not legally enforceable. Explanation 2 in section 65B(44) is proposed to be amended to clarify that activity carried out by a lottery distributor or selling agents of the State Government under the provisions of the Lotteries (Regulation) Act, 1998 (17 of 1998), is leviable to service tax.

C. Changes Made in Negative List Under Section 66D

1.             Clause (l) of Section 66D shall be omitted.  Presently, clause (l) of section 66D of the Act [Negative List] covers specified educational services. These services are proposed to be omitted from the Negative List but the service tax exemption on them is being continued by incorporating them in the general exemption notification (Notification No. 25/2012-ST as amended by notification No. 09/2016-ST, dated 1st March, 2016 refers). Consequently, the definition of „approved vocational education course‟ [clause (11) of section 65B] is also proposed to be omitted from the Finance Act and is being incorporated in the general exemption notification. Applicable on enactment of Finance Bill 2016.
2.       In clause (o) of section 66D, sub-clause (i) shall be omitted. (i.e. (o) service of transportation of passengers, with or without accompanied belongings, by— (i) a stage carriage;). Now transportation services provided by a stage carriage is taxable. Applicable wef 01.06.2016. However, such services by a non-air-conditioned contract carriage will continue to be exempted by way of exemption notification [Notification No. 25/2012-ST, as amended by notification No. 09/2016-ST, dated 1st March, 2016 refers]. The service of transportation of passengers by air-conditioned stage carriage is being taxed at the same level of abatement (60%) as applicable to the transportation of passengers by a contract carriage, with same conditions of non-availment of Cenvat credit. [notification No. 08/2016-St dated 29th February, 2016 refers]
3.             In clause (p) of Section 66D, sub-clause (ii) shall be omitted.  (i.e. (p) services by way of transportation of goods—(ii) by an aircraft or a vessel from a place outside India to the first customs station of landing up to the customs station of clearance in India;). Applicable wef 01.06.2016. However such services by an aircraft will continue to be exempted by way of exemption notification [Not. No. 25/2012-ST, as amended by notification No. 09/2016-ST dated 1st March, 2016 refers].  The domestic shipping lines registered in India will pay service tax under forward charge while the services availed from foreign shipping line by a business entity located in India will get taxed under reverse charge at the hands of the business entity. The service tax so paid will be available as credit with the Indian manufacturer or service provider availing such services (subject to fulfillment of the other existing conditions). It is clarified that service tax levied on such services shall not be part of value for custom duty purposes.

D. Changes Made Under Section 66E

            In section 66E, after clause (i), the following clause shall be inserted, namely:—“(j) assignment by the Government of the right to use the radio-frequency spectrum and subsequent transfers thereof.” Applicable on enactment of Finance Bill 2016. 

           Assignment by the Government of the right to use the radio-frequency spectrum and subsequent transfers thereof is proposed to be declared as a service under section 66E of the Finance Act, 1994 so as to make it clear that assignment by Government of the right to use the spectrum as well as subsequent transfers of assignment of such right to use is a service leviable to service tax and not sale of intangible goods.

E. Changes Made Under Section 73

            In section 73,––in sub-sections (1), (1A), (2A) and (3), for the words “eighteen months”, wherever they occur, the words “thirty months” shall be substituted. 

             The limitation period for recovery of service tax not levied or paid or short- levied or short paid or erroneously refunded, for cases not involving fraud, collusion, suppression etc. is proposed to be enhanced by one year, that is, from 18 months to 30 months by making suitable changes to section 73 of the Finance Act, 1994. Now period for issue of notice of demand under section 73 has increased from 18 months to 30 months. Applicable on enactment of Finance Bill 2016.

F. Changes Made Under Section 73 (4B)(a)

            In sub-section (4B), in clause (a), for the words “whose limitation is specified as eighteen months in”, the words “falling under” shall be substituted.  

               Section 73 (4B)(a) reproduced here “The Central Excise Officer shall determine the amount of service tax due under sub-section (2)— (a) within six months from the date of notice where it is possible to do so, in respect of cases whose limitation is specified as eighteen months falling under in sub-section (1)”. Applicable on enactment of Finance Bill 2016.

G. Changes Made Under Section 75

In section 75, for the words ‘‘Provided that’’, the following shall be substituted, namely:— ‘‘Provided that in the case of a person who collects any amount as service tax but fails to pay the amount so collected to the credit of the Central Government, on or before the date on which such payment is due, the Central Government may, by notification in the Official Gazette, specify such other rate of interest, as it may deem necessary:

     Provided further that’’.

Section 75 of the Finance Act is proposed to be amended so that a higher rate of interest would apply to a person who has collected the amount of service tax from the service recipient but not deposited the same with the Central Government. Applicable on enactment of Finance Bill 2016.

H. Changes Made Under Section 78A

              It is proposed to provide that penalty proceedings under section 78A shall be deemed to be closed in cases where the main demand and penalty proceedings have been closed under section 76 or section 78, by making suitable changes to section 78A by addition of an explanation. Applicable on enactment of Finance Bill 2016.

I. Changes Made Under Section 89

              The monetary limit for filing complaints for punishable offences is proposed to be enhanced to Rs. 2 crore from Rs. 50lakh . Applicable on enactment of Finance Bill 2016.

J. Changes Made Under Section 90 & 91

            The power to arrest in service tax law is proposed to be restricted only to situations where the tax payer has collected the tax but not deposited it with the exchequer, and amount of such tax collected but not paid is above the threshold of Rs 2 crore. Sections 90 and 91 of the Finance Act, 1994 are being amended accordingly. Applicable on enactment of Finance Bill 2016.

K. Changes Made Under Section 93A

             Section 93A of the Finance Act,1994 is being amended so as to enable allowing of rebate by way of notification as well as rules. Applicable on enactment of Finance Bill 2016.

Disclaimer

  I hope above article is useful for you. Your valuable feedback in respect of same would be highly appreciated.

(Disclaimer: The above analysis has been drafted as per various provisions of Finance Act 1994, and notifications and circulars issued thereunder. The analysis may not be entirely correct for reader to reader due to different interpretations by different readers. The readers are advised to take into the consideration the prevailing legal position before acting on any of the comments in this reply. We shall not be responsible for any loss caused based on this interpretation.)

Thank You…….

CA. Puneet Goyal

FCA, B.Com(Hons.)

Email: capuneetgoyal.delhi@gmail.com

 Contact No.: 9211274295, 9711988362

Amendment in section 192 A Withdrawal of EPF

AMENDMENTS IN SECTION 192A BY FINANCE BILL 2016

                                                    Presented By:                                                                          CA RAHUL GUPTA

History of Section 192A

The Finance Act 2015 had Inserted a new section 192A regarding the TDS on payment of accumulated provident fund balance. The provision had inserted with effect from 01.06.2015
 

EPF Withdrawal >=Rs.30000

 a)   After 5 Years  (No TDS)

 b)   Within 5 Years  Pan Given & Form 15G/15H submitted then No TDS but if Pan Given          &  Form 15G/15H not submitted then TDS @ 10%

       If No Pan then TDS @34.608%

EPF Withdrawal < Rs 30000

  a)   No TDS in this case

TDS shall not be deducted In respect of the following cases-- 

• Transfer of PF from one account to another PF account. 
• Termination of service due to ill health of member, discontinuation/contraction of business by employer, completion of project or other cause beyond the control of the member. 
• If employee withdraws PF after a period of five years of continuous service, including service with former employer. 
• If PF payment is less than Rs. 30,000/-- but the member has rendered service of less than 5 Years. 
• If employee withdraws amount more than or equal to Rs, 30000, with service less than 5 years but submits Form I5G/15H along with their PAN.

Amendment in Section 192A

Now in section 192A of the Income-tax Act, in the first proviso, for the words “thirty thousand rupees”, the words “fifty thousand rupees” shall be substituted with effect from the 1st day of June, 2016.

Disclaimer

    I hope above article is useful for you. Your valuable feedback in respect of same would be      highly appreciated.

      (Disclaimer:  The analysis may not be entirely correct for reader to reader due to different interpretations by different readers. The readers are advised to take into the consideration the prevailing legal position before acting on any of the comments in this reply. We shall not be responsible for any loss caused based on this interpretation.

Thank You !!

CA. Rahul Gupta

ACA, B.Com

Email: carahulgarg5687@gmail.com

 Contact No.: 9999907579, 011-22817758

GOODS AND SERVICE TAX- AN INTRODUCTION FOR PROFESSIONALS

GST INTRODUTION AND OVERVIEW

Presented By:

CA. Puneet Goyal 

A. BACKGROUND

• The first phase of reform of indirect taxation occurred when the Modified Value Added Tax (MODVAT) was introduced for selected commodities at the central level in 1986, and then gradually extended to all commodities through Central Value Added Tax (CENVAT).
• The introduction and integration of service tax into CENVAT deepened this effort.
• Reform at the state level occurred through introduction of Value Added Tax (VAT) by all the states in the country in a phased manner between April 2003 and January 2008.

• Buoyed by the success of VAT, and mindful of the need for further improvement, the Government of India (GoI) indicated in Feb 2007 that a roadmap for introduction of destination-based GST in the country by 1 April 2010 would be prepared in consultation with the Empowered Committee (EC) of state Finance Ministers.

• Earlier, the Constitution (115th Amendment) Bill, 2011, also in relation to the introduction of GST was introduced in the Lok Sabha on March 11, 2011.

• The Bill was referred to the Standing Committee on Finance on March 29, 2011. The Standing Committee submitted its report on the Bill in August 2013.

• However, the Bill, which was pending in the Lok Sabha, lapsed with the dissolution of the 15th Lok Sabha. 

• The Constitution (122nd Amendment) Bill, 2014 was introduced in the Lok Sabha on December 19, 2014.

• It seeks to amend the Constitution to introduce the goods and services tax (GST), and impose concurrent powers on the centre and states to do so.

• The Select Committee constituted to examine the Constitution (122nd Amendment) Bill, 2014 submitted its report to Rajya Sabha on July 22, 2015.

• The Bill was passed in Lok Sabha on May 5, 2015, and referred to the Select Committee of Rajya Sabha for examination.

B. Introduction to Goods and Service Tax

• Goods and Service Tax (GST) is a comprehensive tax on supply of goods or services or both.
• It eliminates the cascading effect of taxes as it is taxed at every point of business and the input credit is available in the value chain.
• It is also known as Value  Added Tax in some countries as in the Europe Union.
• The uninterrupted credit in the supply chain ensures that the end consumer purchases goods and services at a lower rate as there is no tax on tax and the end consumer bears the tax burden.

C. Effect of GST

In India, taxes will be levied by the CG and SG, due to this, India

has adopted Dual GST . In Dual GST, we are having only four taxes

under GST:

- Central Goods and Service Tax

- State Goods and Service Tax

- Inter State Goods and Service Tax

- Additional Tax

D. Challenges in Implementation of GST

• Support of Left
• Training of team
• Contract Renegotiation
• IT System
• Integration issue between CG and SG

E. Disclaimer  I hope above article is useful for you. Your valuable feedback in respect of same would be highly appreciated.(Disclaimer: The above analysis has been drafted as per various provisions of Constitution of India, and notifications and circulars issued thereunder. The analysis may not be entirely correct for reader to reader due to different interpretations by different readers. The readers are advised to take into the consideration the prevailing legal position before acting on any of the comments in this reply. We shall not be responsible for any loss caused based on this interpretation.)

If you like this  content please our website for more valuable info about us :- www.srpgc.com

Thank You…….