1. Misc. Provisions under GST
CA MUKESH KHANDELWAL

3. JOB WORK : SEC:2(68)
“job work” means any treatment or process undertaken by a person on goods belonging to another registered person.

4. Important to Note Job Work
Include all activities or process whether relates to manufacturing or any operation to complete the process.
Goods belongs to Registered Person.

5. JOB WORK PROCEDURE (Sec 143)
Principal may under intimation send any inputs or capital goods, without payment of tax, to a job worker for job-work and from there subsequently send to another job worker
AND SHALL
1. bring back input within one year and capital goods within three years of their being sent out, to place of business without payment of tax.

6. 2. Supply such inputs or capital goods, within one year and three years, of their being sent out from the place of business of a job worker on payment of tax within India, or with or without payment of tax for export

7. The principal shall not supply the goods from the place of business of a job worker unless he declares the place of business of the job-worker as his additional place of business
(i) where the job worker is registered under section 25; or
(ii) where the principal is engaged in the supply of such goods as may be notified by the Commissioner
EXCEPTION

8. PRINCIPAL shall be responsible for keeping proper accounts for inputs or capital goods

9. If INPUTS or CAPITAL GOODS are not received back by principal or are not supplied within a period of one year or three years of being sent out
it shall be deemed that such inputs or capital goods had been supplied to Job Worker on the day when the said inputs/Capital Goods were sent out

10. Treatment of Waste and Scrap
May be supplied by Job Worker on payment of Tax if he is registered.
Otherwise by the principal, if the job worker is not registered

11. ITC on inputs sent to job worker for job work : Sec 19
PRINCIPAL shall be allowed input tax credit on such inputs
even if the inputs are directly sent to a job worker for job-work without being first brought to his place of business

12. Consequences of non receipt of inputs sent for job work
Non receipt of inputs within one year of inputs being sent out
it shall be deemed that such inputs had been supplied by the principal to the job-worker on the day when the said inputs were sent out

13. Inputs directly sent to job worker
period of one year shall be counted from the date of receipt of inputs by the job worker

14. CREDIT ON CAPITAL GOODS
PRINCIPAL SHALL BE ALLOWED SUCH ITC
even if the capital goods are directly sent to a job worker for job-work without being first brought to his place of business

15. Consequences of non receipt of capital goods
Capital goods not received within a period of three years of being sent out
it shall be deemed that such capital goods had been supplied by the principal to the job worker on the day when the said capital goods were sent out
Not Applicable
On Moulds and Dies, Jigs
and Fixtures or Tools

16. SEC:141 Transitional provisions
Where any inputs/semi finished / Finished goods had been removed prior to the appointed day in existing law and such inputs/semi finished goods are returned to the said place within six month from the appointed day, no tax shall be payable.
the period of six months can be extended by the Commissioner up to two months
If not returned within Six/Eight Months ITC shall be recovered

17. In case of Semi Finished/Finished Goods
Manufacturer (Principal) in accordance with the provision of existing law, may transfer the said goods directly from Job Worker on payment of tax in India or without payment of tax for Export.

18. Tax not be payable Only if
Manufacturer and Job-worker declare the details of the inputs or goods held in stock by the job-worker on behalf of the manufacturer on the appointed day in prescribed time, form and manner

19. ELECTRONIC COMMERCE
ELECTRONIC COMMERCE

20. DEFINITION OF EC:
SECTION 2(44) “Electronic Commerce” means the supply of goods or services or both, including digital products over digital or electronic network.

21. E COMMERCE OPERATOR SECTION 2(45)
“electronic commerce operator” means any person who owns, operates or
manages digital or electronic facility or platform for electronic commerce

22. TAX COLLECTED AT SOURCE
E-COMMERCE IN GST
TAX COLLECTED AT SOURCE
SEC.52
NOTIFIED SERVICES
SEC.9(5)

23. COMPULSORY REGISTRATION REQUIRED FOR ECO In Both Cases Sec
COMPULSORY REGISTRATION REQUIRED FOR ECO In Both Cases Sec. 24 (iv) & (ix)

24. NOTIFIED SERVICES Sec. 9(5)
Services supplied through ECO
- Notified
- ONLY Supply of SERVICES
- INTRA STATE supplies
Tax on such services shall be
paid by ECO as he is supplier of
services.

25. ECO does not have a physical presence :
any person representing such ECO shall be liable to pay tax

26. ECO shall appoint a person for the purpose.
ECO does not have a physical presence and also does not have a representative:
ECO shall appoint a person for the purpose.

27. TAX COLLECTED
AT SOURCE By
ECO

28. EVERY ECO
Shall collect an amount at such a rate not exceeding 1% of the net value of taxable supplies made through it by other suppliers.

29. DUE DATE OF PAYMENT Sec 52(3)
WITHIN 10 days after the end of the month in which such collection is made .

30. STATEMENT TO BE FURNISHED Sec 52(4)
ECO shall use GSTR-8 return to make statement on a monthly basis within 10 days of succeeding month.

31. ANNUAL STATEMENT
Section 52(5) requires filing of Annual Statement stating details of outward supplies by ECO on or before 31st December.

32. Discrepancy if any, shall be communicated to both.
DETAILS TO BE MATCHED:
Details furnished by operator should match with the corresponding details of outward supply of supplier.
Discrepancy if any, shall be communicated to both.

33. If discrepancy is not corrected by supplier:
it shall be added to the output tax liability in the succeeding month if value furnished by
operator > supplier
Supplier will pay tax with interest on the amount so added.

34. OMMISSION & CORRECTIONS
Shall be made
On or before due date for furnishing of statement for the month of September following the end of the financial year i.e. 10Th October ; OR
the actual date of furnishing of the relevant annual statement
WHICHEVER IS EARLIER

35. Penalty:10000 or equivalent to amount of TCS; whichever is higher.
If ECO:
Fails to collect TCS
Collect less than amount required to be collected
Fails to pay to govt. amount so collected
Fails to obtain registration.
Penalty:10000 or equivalent to amount of TCS; whichever is higher.

36. Other Information:
Information that may be called from operator by way of notice regarding supplies and stock held and managed by such operator on behalf of suppliers shall be submitted within 15 days.

37. Other information: PENALTY
Penalty may be levied upto Rs on failing to do so

38. TCS CREDIT
Supplier shall claim credit, in his electronic cash ledger, of the amount collected and reflected in the statement of ECO

40. DEFINITION:ISD SEC:2(61)
“Input Service Distributor” means - an office of the supplier - which receives tax invoices towards the receipt of input services - issues a prescribed document for the purposes of distributing the credit of Input Tax to a supplier having the same Permanent Account Number.

41. Manner of distribution of credit by ISD (Sec 20)
CREDIT OF
Integrated Tax
Credit of SGST
Central Tax
As integrated tax or central tax or state tax
As central tax or integrated tax
As state tax or integrated tax
By way of issue of a document

42. ISD may distribute credit subject to the following conditions:
Distribute against a document with prescribed details
Shall not exceed amount of credit available for distribution
Credit attributable to the recipient shall be distributed only to that recipient
Credit of tax attributable to more than one recipient OR all recipient shall be distributed on PRO RATA basis of the turnover

43. Manner of recovery of credit distributed in excess: (sec 21)
Excess distribution of credit
Shall be recovered along with interest

44. REGISTRATION : SEC 24(viii)
ISD whether or not seperately registered under this Act REQUIRES COMPULSORY REGISTRATION

45. FURNISHING OF RETURNS:SEC 39(4)
Return shall be furnished for every calendar month or part thereof electronically
Within 13 days after the end of such month

46. TRANSITIONAL PROVISIONS SEC 140(7)
ITC on account of any services received prior to the appointed day by ISD
shall be eligible for distribution as credit even if the invoices relating to such services are received on or after the appointed day

47. Anti profiteering measure

48. REDUCTION IN TAX RATE (Sec.171)
ANY REDUCTION IN RATE OF TAX OR BENEFIT OF ITC
Shall pass to the recipient
By way of reduction in prices

49. Transitional Provision
Proviso of Section 140 (3) provide that
“ …..that the said taxable person shall pass on the benefit of such credit by way of reduced prices to the recipient …”

50. Examination by authority
The authority empowered by CG shall examine whether input tax credits availed or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him

51. REFUND OF TAX
SECTION 54

52. REFUND:(Section54)
TAX ,INTEREST
& ANY OTHER AMOUNT

53. BEFORE THE EXPIRY OF TWO YEARS FROM THE RELEVANT DATE
Any person may make an application
BEFORE THE EXPIRY OF TWO YEARS FROM THE RELEVANT DATE

54. Section54(2)
UNO CONSULATE OR EMBASSY and other notified class of persons may make an application before the expiry of 6months from the last day of quarter.

55. APPLICATION(FORM GST RFD-01)to be accompanied by:
Documentary evidence to establish that a refund is due,
Documentary evidence that the incidence of tax has not been passed on any other person with CA certificate if refund is >2 lakhs
Rule 2(m)
Declaration if the refund is below two lakh rupees,

56. REFUND OF UNUTILIZED ITC
REGISTERED PERSONS MAY CLAIM AT THE END OF TAX PERIOD

57. NO refund of unutilized ITC shall be allowed in cases other than:
ZERO rated supply
where the credit on account of rate of tax on inputs being higher than the rate of tax on output supply Except Nil rated or fully exempt supplies
No refund in case of export
-Of unutilized ITC- If goods exported are subjected to export duty
- if supplier avails duty drawback in respect of CGST or claim refund of IGST.

58. REFUND:
If the proper officer is satisfied that the whole or part of the amount claimed as refund is refundable,
He may make an order accordingly and the amount so determined shall be credited to the Consumer Welfare Fund

59. REFUND ON PROVISIONAL BASIS
The proper officer may , for claim of refund on account of zero rated supply of goods or services, allow refund on a provisional basis, 90% of the total amount so claimed. (SEC 54(6)) The order shall be issued within 60 days from the date of receipt of application. (SEC54(7))

60. Cases where refund amount shall be directly paid to the applicant: Sec:54(8)
refund of tax paid on zero-rated supplies of goods or services used in making such zero-rated supplies
refund of unutilised input tax credit under sub-section (3)
refund of tax paid on a supply which is not provided and for which invoice has not been issued
refund of tax in pursuance of section 77
the tax and interest if he had not passed on the incidence of such tax and interest to any other person
the tax or interest borne by such other class of applicants as the Government may, on the recommendations of the Council, by notification.

61. THANKS