GST Update Vol 53 6th July 2018

Aliff FazelbhoySenior Partner, ALMT Legal, Advocates & Solicitors

A. CHANGES IN THE GST REGIME

Deferment of RCM and TDS and TCS provisions under GST
CBIC has issued notification no.12/2018 – central tax rate in order to defer the
provision of RCM in case of supplies received by a registered person from unregistered
suppliers by three months i.e. from 30th June, 2018 to 30th September, 2018. Further, the CBIC has
issued a press release in order to defer the provisions of TDS and TCS by three months i.e. from
30th June, 2018 to 30th September, 2018. Please refer to volume 52 for further details.

No e-way bill for intra-state movement of goods up to INR 1 lakh : Maharashtra Government

The Maharashtra state has notified that no e-way bill shall be required to be
generated for the intra-state movement of goods having value of up to INR 100,000 (INR 1 lakh)
in the state of Maharashtra on or after the 1st July, 2018.
‘GST Verify’ app
The CBIC has launched an android mobile app ‘GST Verify’ to protect the interest of all consumers.
It provides the details of the person/ company collecting GST. Every time a person shops / eats /
buys any product, he can check the bill and if GST is charged, the person can verify if the person
collecting GST is genuinely registered person or not, thereby saving the amount shown as GST from
fraudsters. This will help in verifying if the person collecting GST from the consumer is eligible
to collect it or not.
AAR Rulings

A brief summary of various AAR rulings are stated below
No advance ruling if same issue is pending before GST Council: Telangana AAR ruling

The applicant is a manufacturers of Extra Neutral Alcohol (ENA) and rectified spirits.
The applicant sought advance ruling to determine issues such as whether HSN Code 2207 covers both
“denatured ethyl alcohol and other spirits” (not fit for human consumption) and
“un-denatured alcohol”(fit for human consumption). On examination it was found that the issue
of “Taxation of Rectified Spirit/ ENA under GST” is one of the agenda points placed before GST
Council for deliberation in the 20th meeting of the GST Council held on 5th August, 2017. The
decision on the “applicability of GST on ENA” is pending before GST Council and even in the 27th
GST Council meeting held on 4th May, 2018 it was decided to defer the agenda point on the
“applicability of GST on ENA” to the next meeting. It was decided that advance ruling on the issues
raised in the application cannot be given at this juncture since the issue raised by the applicant is pending before GST Council for a
decision.

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