How loan and licensee units carry out their operations in GST regime

GST law does not have any special provision for loan and licensee units. Where the contract are in the nature of performance of job-work, these units can opt to follow the procedure laid down in section 143 of the CGST Act, 2017 i.e. the principal can send any inputs etc. to such units without payment of tax and  the principal can clear the goods from the premises of such units if the principal declares these units as his additional place of business or where such units are themselves registered under section 25 of CGST Act, 2017.

[FAQ 4: Drugs and Pharmaceuticals]

What is the procedure for movement of time expired medicines from the retail outlets to the manufacturer for destruction

  1. In such cases, the manufacturer may issue a credit note within the time specified in sub-section (2) of section 34 of the CGST Act, 2017 subject to
    the condition that the person returning the expired medicines reduces his ITC.
  2. Subsequently, when the time expired goods are destroyed, the manufacturer
    has to reverse his ITC on account of goods being destroyed.
  3. Where the goods are returned after the time limit specified in section 34(2) of the CGST Act, 2017, the registered person returning the goods shall issue a tax invoice, as it is a supply within the meaning of Section 7 of the CGST Act, 2017.

FAQ3: Drugs and Pharmaceuticals

Comments: But a retail outlet can not issue a tax invoice to wholesale under Drugs and Medicines Act.

Date of filing of Return for July 2017 for OIDAR Service from outside India to a non-taxable online recipient extended to 15-09-2017

Notification 25/2017-CT dated 28-08-2017.

As per Rule 64, Every registered person providing online  information and data base access or retrieval services from a place outside India to a person in India other than a registered person shall file return in FORM GSTR-5A on or before the twentieth day of the month succeeding the calendar month or part thereof.

Extension of Due date of filing of Return GSTR-6 by ISD for July and Aug 2017

Date for GST return GSTR-6  by ISD for July and August 2017 has been extended to

  • 8th September for July 2017
  • and to 23rd September for August 2017

[Notification 26/2017-CT  dated 28-08-2017]

Comments :

  1.  The above dates have been set just two days before due dates for GSTR-2.
  2. As per Rule 59(5) , The details of invoices furnished by an Input Service Distributor in his return in FORM GSTR-6 under rule 65 shall be made available to the recipient of credit in Part B of FORM GSTR 2A electronically through the common portal and the said recipient may include the same in FORM GSTR-2.
  3. GSTR-6 by ISD is required to be filed under Rule 65 by taking into consideration the information in GSTR-6A.  As per Rule 59(3), information submitted by supplier in GSTR-1 relating to ISD travels to ISD through GSTR-6A

CBEC Advisory on Drawback during 01-07-2017 to 30-09-2017

For a transition period of three months i.e. 1.7.2017 to 30.9.2017, composite rates of All Industry Rate (AIR) drawback are available to exporters.

I. These composite rates are subject to certain conditions during transition period that ensure that input credit /refund under GST and drawback of composite rates are not taken together for the export product. Continue reading “CBEC Advisory on Drawback during 01-07-2017 to 30-09-2017”

CBEC Advisory on GSTIN / PAN and Invoice information in Shipping Bill

1. Quoting GSTIN in Shipping bill is mandatory if the export product attracts GST for domestic clearance.

2. Quoting PAN (Permanent Account Number), which is authorized as Import Export code by DGFT, would suffice if the exporter exclusively deals with products which are either wholly exempt from GST or out of GST regime. Continue reading “CBEC Advisory on GSTIN / PAN and Invoice information in Shipping Bill”

CBEC Chairman asks to list out all GST related issues requiring intervention of CBEC:Letter dt 25/08/2017

Government of India,  Ministry of Finance,  Department of Revenue,  Central , Board of Excise & Customs,  North Block, New Delhi – 110 001
Tel. : +91-11-23092849, Fax : +91-11-23092890
E-mail : chmn-cbec@nic.in

DO.No.24/CH(EC)/2017

 Dated 25th August, 2017
“…………………………..I am aware that there are a few instances of procedural difficulties and system glitches hampering the transition process of GST. In this regard, I would like to request you to list out all such issues that needs Board’s intervention. You may like to go through my letter dated 23rd August, 2017 and do the needful urgently as per the indicated timelines………………………”