In terms of the proviso to Section 140(3) of the CGST Act, 2017, the manufacturer is not eligible to avail deemed credit in respect of transitional stocks, for which duty paying document is not available. Such credit is not available in case of SGST except where VAT was payable on the basis of MRP.

Yes, but only in case of services notified under Sec. 9(5) of the CGST Act, 2017. In such cases tax shall be paid by the electronic commerce operator if such services are supplied through it and all the provisions of the Act shall apply to such electronic commerce operator as if he is the supplier liable to pay tax in relation to the supply of such services. A similar provision for inter-State supply is provided for in Sec. 5(5) of the IGST Act, 2017. (Refer to Notification No. 17/2017- Central Tax (Rate) and 14/2017- Integrated Tax (Rate) dated 28.06.2017).

Yes, supplies made to an SEZ unit or a SEZ developer are zero rated. The supplies made to an SEZ unit or a SEZ developer can be made in the same manner as supplies made for export:

  • either on payment of IGST under claim of refund;

           or under bond or LUT without payment of any IGST.

In case of movement of goods by the public transport, e-way bill shall be generated by the person who is causing movement of the goods, and in case of any verification , he can show e-way bill number to the proper officer.

It is the value of the goods declared in the invoice, bill of challan or delivery challan, as the case may be , issued in respect of the said consignment and also include Central Tax, State or Unoin Territory Tax, Integrated Tax and Cess Charged, if any. But , it will not include value of exempt supply of goods, where the invoice is issued in respect of both exempt and taxable supply. It will also not include value of freight charges for the movement charged by transporter.

Rule 138 (7) will be notified from a future date. Till the notification to that effect comes, transporters need not generate e-way bill for consignments having value less than Rs 50,000/- , even if the total value of the goods carried in a single conveyance is more than Rs 50,000/-.

1. Organic surface-active products or preparations or agents fall under heading 3401 or 3402. 
2. Soaps; organic surface active products and preparations for use and soaps, in form of bars, cakes, moulded pieces or shapes falling under heading 3401 [except 3401 30] attract 18% GST rate.
3. Other organic surface active products and preparations falling under sub-heading 3401 30 and organic surface active agents and preparations falling under heading 3402 attract 28% GST rate.

Raw jute has been kept at NIL rate of GST i.e. there would be no tax on raw jute. Therefore, as per Section 23 (1) (a) of the CGST Act, 2017 the suppliers dealing only in raw jute are not required to register. Jute mills are not required to pay tax under Reverse Charge Mechanism (RCM) as mentioned under Section 9(4) of the CGST Act, 2017 because both the goods have been kept at NIL rate of duty. Similarly, Raw Silk has also been kept at NIL rate of GST i.e. there would be no tax on raw silk. Therefore, the suppliers dealing only in raw silk are also not required to register.

Finaccle Club Answer Bank

You can also submit your Questions-Answers by sending to [email protected]