July New Newsletter 2021
Transcript of July New Newsletter 2021
MONTHLY VOLUME XXXVIX PAGE 1-105 NO 07 JULY 2021
ICSI-NIRCNEWSLETTER
INSIGHT
NIRC-ICSI NEWSLETTER
bull NIRC-ICSI newsletter is generally published every month
bull Articles on subjects of interest to company secretaries are welcome
bull Views expressed by contributors are their own and the NIRC-ICSI does not accept any responsibility
bull The NIRC-ICSI is not in any way responsible for the result of any action taken on the basis of the advertisements
published in the newsletter
bull All rights reserved
bull No part of this newsletter may be reproduced or copied in any form by any means without the written
permission of the NIRC-ICSI
bull Soft copy of this issue of newsletter is also available on the website of the NIRC-ICSI
copy The Northern India Regional Council of the Institute of Company Secretaries of India
Published by CS Sonia Baijal Regional Director for and behalf of Northern India Regional Council of the Institute
of Company Secretaries of India 4 Prasad Nagar Institutional Area New Delhi - 110005 e-mail
niroicsiedu Phones 49343000 Published at NIRC - ICSI 4 Prasad Nagar Instl Area New Delhi
THE REGIONAL COUNCIL CHAIRMAN
CS VIMAL KUMAR GUPTA
VICE CHAIRMANCS SUSSHIL DAGA
SECRETARYCS DEVENDER SUHAG
TREASURERCS HIMANSHU HARBOLA
MEMBERS (IN ALPHABETICAL ORDER)CS AMIT GUPTA
CS BHUPESH GUPTA
CS GURVINDER SINGH SARIN
CS MONIKA KOHLI
CS SAURABH KALIA
CS SURESH PANDEY
CS SURYA KANT GUPTA
CS VINAY SHUKLA
EX-OFFICIO MEMBERSCS HITENDER MEHTA
CS MANISH GUPTA
CS NPS CHAWLA
CS RANJEET PANDEY
CS VINEET K CHAUDHARY
REGIONAL DIRECTORCS SONIA BAIJAL
Inside
- From the Chairman NIRC
- Glimpses
- Articles
- CSBF
CONTENT
FROM THECHAIRMAN
ICSI-NIRC Newsletter I July 2021 04
FROM THE CHAIRMAN
DearProfessionalColleagues
Greetings from ICSI-NIRC
I hope that all of you are safe and doing well in both personal and professional life NIRC is doing its bit in developing the
skill sets of both members and students by way of organizing various Master Classes Webinars training programs etc
NIRC is overwhelmed by the response of participants in its endeavors I request you keep supporting the events of NIRC
at Regional and Chapter level
The 40th Annual General Meeting of the members of the Institute of Company Secretaries of India (ICSI) in the Northern
Region forming part of Northern India Regional Council (NIRC) is scheduled to be held on Wednesday the 28th July
2021 at 1000 AM through online video conferencing
NIRC has announced another Virtual MSOP I am sure that participants are taking full advantage of learning while sitting
at the comfort of Home At the same time I wish that we may switch over to Physical mode as soon as possible NIRC will
be hosting 21st All India Essay Writing Competition We will share the details in due course
Friends it has been continuous endeavor of the NIRC to support all its stakeholders I take this opportunity to briely
highlight some of the major activities developments that have taken place during the month of Juneamp July 2021
thWebinaronOpportunitiesunderArbitrationon17 June2021thNIRC organized a Webinar on theme Opportunities under Arbitration on 17 June 2021 CS NPS Chawla Central
Council Member ICSI amp Associate Partner Vaish Associates was the Guest speaker during the webinar CS GS Sarin Past
Chairman NIRC-ICSI was the Program Director The webinar was attended by around 600 members The webinar was
part of PCS Day week long celebrations I wish to place on record my sincere thanks and gratitude to the Guest Speaker
for sparing his time amp sharing his words of wisdom with the participants
WebinaronOpportunitiesasRegisteredValueron18June2021
NIRC organized a Webinar on the theme Opportunities as Registered Valuer on 18th June 2021 CS (Dr) Ajay Garg
Corporate Valuer Counsel and Lawyer was the Guest speaker during the webinar CS GS Sarin Past Chairman NIRC-ICSI
was the Program Director The webinar was attended by around 600 members The webinar was part of PCS Day week
long celebrations I am thankful to CS (Dr) Ajay Garg ji for sparing his time amp sharing his rich experience with the
delegates present
ICSI-NIRC Newsletter I July 2021 05
FROM THE CHAIRMAN
WebinaronDiscussiononPrinciplesofGovernancefromIndianScriptureson19
June2021
NIRC organized a Webinar on the theme Discussion on Principles of Governance from Indian Scriptures on 19th June
2021 CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of
Accountants) was the Guest speaker CS Amit Gupta Regional Council Member NIRC-ICSI was the Program DirectorI am
thankful to CS (Dr) P V S Jagan Mohan Rao ji for sharing his knowledge and keeping the session interactive
FelicitationCeremonyOrganizedByNIRC-ICSIasPartofPCSDayCelebrationson19
June2021
With a view to commemorate PCS Day on 15th June NIRC of ICSI as part of PCS Day celebrations organized a Felicitation
Ceremony through online mode on 19th June 2021 to felicitate the following -
1 Company Secretaries who are in Practice for more than 25 years
2 Firms of Company Secretaries in Practice having minimum of 3 Partners as on date
3 Firms of Company Secretaries in Practice having minimum of 3 qualiied Company Secretaries on rolls (with CS
in) as on date
CelebrationsofInternationalDayofYoga2021
ICSI ICAI amp CMA jointly commemorated International Day of Yoga by organizing a Webinar on How to Rejuvenate from stCOVID Impact through Yoga on 21 June 2021 Swami Ramdevji International Yog Guru was the Chief Guest CA (Dr)
Girish Ahuja Tax Guru CS Nagendra D Rao President ICSI CA Nihar N Jambusaria President ICAI and CMA Biswarup
Basu President CMA were the Guest of Honour The Webinar was attended by around 45000 participants I am thankful
to all the dignitaries for sparing their time and encouraging the participants to do Yoga
4DaysonlineMasterClassonGST-NewOpportunities(21edition)
NIRC organized 4 Days Online Master Class on theme GST Opportunities from Tuesday 28th June 2021 to Saturday
03rd July 2021 The Master Class was to commemorate GST Day CS (Adv) Sumit Wadhwa Abbot Law Ofice was the
Guest Speaker on 28th June 2021 He spoke on the topic GST Fundamentals ndash Practical Overview CA Akshay Kumar
Jain Akshay Kumar Jain amp Co LLP was the Guest Speaker on topic Input Tax Credit and Returns on 30th June 2021 CS
Jagmohan Bansal Sr Advocate was the Guest Speaker on 2nd July 2021 He spoke on the topic Role of Professional And
Litigations in GST Arena and CS Sanjay Malhotra Practicing Company Secretary was the Guest Speaker on 3rd July
2021 His coverage included Time and Place of Supply - Relevance And Signiicance CS GS Sarin Chairman PCS
Committee and Past Chairman NIRC-ICSI was the Program Director The Master Class was attended by good number of
Participants I am thankful to all the speakers for sparing their valuable time and sharing their rich experience with the
members
nd4DaysonlineMasterClassonFEMA(22 edition)
NIRC organized 4 Days Online Master Class on theme FEMA from Monday 05th July 2021 to Thursday 08th July 2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells was Guest
Speaker He covered the topics which includes Foreign Direct Investments amp Overseas Direct Investments External
Commercial Borrowings (ECB) amp Imports Export amp Liberalised Remittance Scheme (LRS) Compounding under FEMA
amp Late Submission Fees etc The Master Class was attended by good number of Participants I am thankful to CS Atul
Mittal ji for sparing his valuable time on all four days of Master Class and sharing his words of wisdom with the
participants
ICSI-NIRC Newsletter I July 2021 06
FROM THE CHAIRMAN
WebinaronSEBI-LODRon9July2021
NIRC organized a Webinar on the theme SEBI-LODR on 9th July 2021 Ms Purna Devi Director Global Compliance amp
Reporting Entity Compliance and Governance EY was the Guest speaker CS Himanshu Harbola Treasurer NIRC-ICSI
was the Program Director I am thankful to the speaker for sparing her time and sharing of knowledge with the
participants
ICSIMegaPlacementDrive-I
ICSI Mega Placement Drive I of Northern Region is scheduled through Virtual mode for young members This provides
beneit to both recruiters and candidates as its convenient to interact without getting into the hassle of commuting and
still getting the insight of the Organizations and Candidates
StudentMonth
ICSI-NIRC celebrated the month of July 2021 as the Student Month starting with planting of sapling on 1st July 2021 ie
Van Mohatsav and subsequently various online activities were organized for students including Life Skills Sessions Soft
Skills Sessions PPT making Competition Samadhan Divas etc A good number of students participated in all the
activities
ManagementSkillsOrientationProgram(MSOP)
Valedictoryof321batchofMSOP
The Valedictory function of 321st Batch of MSOP held on 17th June 2021 CS Vijay Kumar Kaul Practicing Company
Secretary was the Chief Guest of the occasion We distributed the MSOP Completion certiicates and awards to the
participants
Inaugurationof322ⁿBatchofMSOP
We inaugurated 322nd Batch of MSOP through online mode on 29th June 2021
OnlineCareerAwarenessPrograms
NIRC organized various Online Career Awareness Programs for Students and Teachers of various Schools amp Colleges We
apprised the students and their parents about the Role of Company Secretary Company Secretary in Employment
Company Secretary in Practice and Eligibility Validity and Cut-off Dates for Registration in CS
I look forward to your valuable suggestions and feedback Feel free to interact with me at chairmannircicsiedu
Stay Safe Stay Healthy take care
With best regards
CSVimalGuptaChairmanNIRC-ICSI
Mob99833242829314324282
GLIMPSES
ICSI-NIRC Newsletter I July 2021 08
GLIMPSES
CelebrationsofInternationalDayofYoga2021
Swami Ramdev ji International Yog Guru CS Nagendra D Rao President ICSI CS Manish Gupta Central Council
Member ICSI CS Vimal Gupta Chairman NIRC-ICSI and CA (Dr) Girish Ahuja Tax Guru addressing the Participants
Screen View of session
ICSI-NIRC Newsletter I July 2021 09
GLIMPSES
WebinaronthethemeOpportunitiesunderArbitrationon17June2021
CS NPS Chawla Central Council Member ICSI amp Associate Partner Vaish Associates addressing the Participants Also
seen CS Vimal Gupta CS Devender Suhag Secretary NIRC-ICSI CS GS Sarin Past Chairman NIRC-ICSI and CS Sonia
Baijal Regional Director NIRC-ICSI
WebinaronthethemeOpportunitiesasRegisteredValueron18June2021
CS (Dr) Ajay Garg Corporate Valuer Counsel and Lawyer addressing the Participants Also seen CS Vimal Gupta and CS
GS Sarin
FelicitationCeremonyorganizedbyNIRC-ICSIaspartofPCSDaycelebrationson19June2021
CS Vimal Gupta CS Manish Gupta CS NPS Chawla CS Nesar Ahmad Past President ICSI CS Suresh Pandey Immediate
Past Chairman NIRC-ICSI CS GS Sarin CS Saurabh Kalia Regional Council Member NIRC-ICSI CS Monika Kohli Regional
Council Member NIRC-ICSI and CS Bhupesh Gupta Regional Council Member NIRC-ICSI addressing the Participants
ICSI-NIRC Newsletter I July 2021 10
GLIMPSES
FelicitationofmembersonPCSDay
WebinaronthethemeDiscussiononPrinciplesofGovernancefromIndianScriptureson19June2021
CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of Accountants)
addressing the Participants Also seen CS GS Sarin CS Suresh Pandey CS Amit Gupta Regional Council Member NIRC-
ICSI CS Saurabh Kalia and CS Sonia Baijal
WebinaronThemeSEBI-LODRon9July2021
Ms Purna Devi Director Global Compliance amp Reporting Entity Compliance and Governance EY addressing the
Participants Also seen CS Vimal Gupta CS Himanshu Harbola Treasurer NIRC-ICSI and CS Sonia Baijal
FelicitationofmembersonGSTDay
ICSI-NIRC Newsletter I July 2021 11
GLIMPSES
4DaysOnlineMasterClassonGSTOpportunities(21Edition)from28June2021to03July2021
Day129062021
CS (Adv) Sumit Wadhwa Abbot Law Ofice addressing the Participants Also seen CS Vimal Gupta and CS GS Sarin
Day230062021
CA Akshay Kumar Jain Akshay Kumar Jain amp Co LLP addressing the Participants Also seen CS GS Sarin
Day302072021
CS Jagmohan Bansal Sr Advocate addressing the Participants Also seen CS GS Sarin
Day403072021
CS Sanjay Malhotra Practicing Company Secretary addressing the Participants Also seen CS GS Sarin and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 12
GLIMPSES
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiUniversityofInformationTechnology
CS Nagendra D Rao President ICSI CS Sonal Jain Chairperson Ghaziabad Chapter of NIRC-ICSI CS Sakshi Mittal
Management Committee Member Ghaziabad Chapter of NIRC-ICSI and CS Arjunn Kr Tyagi Immediate Past Chairman
Ghaziabad Chapter of NIRC-ICSI addressing the Participants Also seen Dr Annu Behl Mehra Prof MUIT Dr Akhand
Pratap Singh Registrar MUIT Prof (Dr) KB Asthana Dean Maharishi Law School MUIT CS Awanish Srivastava Mr A
K Srivastava Joint Secretary ICSI CS Nitin Goel Mr Vinay Kumar Chapter Incharge Ghaziabad Chapter of NIRC-ICSI
along with other dignitaries
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiAggarwalCollegeBallabgarhFaridabadInstituteofManagementampTechnology
FaridabadampPtJLNGovtCollegeFaridabad
CS Vimal Gupta CS Arun Goel Chairman Faridabad Chapter of NIRC-ICSI CS Anmol Nakra Vice- Chairman Faridabad
Chapter of NIRC-ICSI Dr Krishan Kant Principal Aggarwal College Dr Rekha Sain Dr Manoj Shukla Aggarwal College
Prof (Dr) Ravi K Handa Director IMT College Dr Parul Khanna Vice- Principal IMT College Dr M K Gupta Principal
Pt JLN Govt College Ms Preeti Kapoor Asso Prof Pt JLN Govt College Ms Suman Iyer EO Faridabad Chapter of NIRC-
ICSI along with other dignitaries
ICSI-NIRC Newsletter I July 2021 13
GLIMPSES
stValedictoryFunctionndash321 MSOP
CS Vijay Kumar Kaul Practicing Company Secretary CS Vimal Gupta CS SusshilDaga Vice-Chairman NIRC-ICSI CS
Devender Suhag CS Himanshu Harbola CS Suresh Pandey CS GS Sarin and CS Surya Kant Gupta Regional Council
Member NIRC-ICSI addressing the Participants
ndInauguralFunctionndash322 MSOP
CS Vimal Gupta and CS Suresh Pandey addressing the Participants
4DaysOnlineMasterClassonFEMA(22ⁿEdition)from5July2021to8July2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells addressing the
Participants Also seen CS Vimal Gupta CS Devender Suhag and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 14
AGM
Notice is hereby given that the 40th Annual General Meeting of the members of the Institute of Company Secretaries of
India (ICSI) in the Northern Region forming part of Northern India Regional Council (NIRC) will be held on Wednesday
the 28th July 2021 at 1000 AM through online video conferencing at the link to transact the httpsbitly3qUlgZZ
following business(es)-
1 To receive consider and adopt Audited Balance Sheet as at 31st March 2021 the Income and Expenditure
account for the year ended on that date Report of the Regional Council and Auditors Report thereon
2 To appoint Ms Mukesh A Mittal amp Co Chartered Accountants Delhi as Statutory Auditors in place of retiring
Auditors Ms Mittal amp Mittal Associates Chartered Accountants to hold ofice from the conclusion of this Annual
General Meeting until conclusion of the next Annual General Meeting and to ix their remuneration
By order of The Northern India Regional Council of ICSI
Notice Of Annual General Meeting
(CSDEVENDERSUHAG)SecretaryNIRC-ICSIPlace New Delhi
Dated 13 July 2021
Note(s)
1 The members are requested to send their queries on inancial accounts andor functioning of NIRC through email
at niroicsiedu at least three (3) days in advance so that answers may be made available at the meeting
2 Members are requested to update the changes in their address(es) e-mail IDs contact details and other
particulars in their respective members account on ICSI portal for enabling NIRC to disseminate information
about activities and programs
3 In order to promote the Green Initiative the ICSI vide its letter dated 21102011 directed all its Regional Councils
to send the Annual Report to the members through electronic mode Accordingly NIRC is sending Annual Report
for the year 2020-21 through e-mail Members may also viewdownload Annual Report from the child portal of
NIRC ICSI (httpswwwicsiedunirohome)
4 Due to COVID-19 no physical copy of Annual Report shall be available for reference of the members
5 Web link to Join Annual General Meeting is (the link will be activated at 0940 AM on 28th httpsbitly3qUlgZZ
July 2021)
ICSI-NIRC Newsletter I July 2021 15
AGM
To
TheMembersofNIRCoftheICSI
REPORTONTHEAUDITOFTHEFINANCIALSTATEMENTS
Opinion
We have audited the accompanying standalone inancial statements of NORTHERNINDIAREGIONALCOUNCILOF
THEINSTITUTEOFCOMPANYSECRETARIESOFINDIANew Delhi which comprise the Balance Sheet as at 31st March
2021 and the statement of Income and Expenditure Cash Flow and a summary of the signiicant accounting policies and
other explanatory information
In our opinion and to the best of our information and according to the explanations given to us said Balance Sheet the
Income and Expenditure Account and Cash Flow Statement read together with the Schedule amp Notes thereon give a true
and fair view
1 In so far as it relates to the Balance Sheet of the State of Affairs of the NIRC of the ICSI as at 31st March 2021 and
2 In so far as it relates to the Income amp Expenditure account of the Excess of Income over the Expenditure of the
NIRC of the ICSI for the year ended on that date
3 In so far as it relates to the Cash Flow Statement of Cash Flow of the NIRC of the ICSI for the year ended on that
date
BasisforOpinion
We conducted our audit in accordance with the Standards on Auditing (SAs) generally accepted in India Our
responsibilities under those Standards are further described in the Auditors Responsibilities for the Audit of the
Financial Statements section of our report We are independent of the Entity in accordance with the Code of Ethics
issued by the Institute of Chartered Accountants of India together with the ethical requirements that are relevant to our
audit of the inancial statements and we have fulilled our other ethical responsibilities in accordance with these
requirements and the Code of Ethics We believe that the audit evidence we have obtained is suficient and appropriate
to provide a basis for our opinion
ResponsibilityoftheManagementfortheFinancialStatements
The NIRC of the ICSI are responsible for the preparation of these inancial statements that give a true and fair view of the
inancial position and inancial performance and cash low of NIRC of the ICSI in accordance with the accounting
principles generally accepted in India and formulated by the ICSI This responsibility also includes maintenance of
adequate accounting records in accordance with the applicable provisions for safeguarding the assets of the NIRC of the
ICSI and for preventing and detecting frauds and other irregularities selection and application of appropriate
accounting policies making judgments and estimates that are reasonable and prudent and design implementation and
maintenance of adequate internal inancial controls that were operating effectively for ensuring the accuracy and
completeness of the accounting records relevant to the preparation and presentation of the inancial statements that
give a true and fair view and are free from material misstatement whether due to fraud amp error
Independent auditorrsquos report
ICSI-NIRC Newsletter I July 2021 16
AGM
AuditorsResponsibilitiesfortheAuditoftheFinancialStatementsOur objectives are to obtain reasonable assurance about whether the inancial statements as a whole are free from
material misstatement whether due to fraud or error and to issue an auditors report that includes our opinion
Reasonable assurance is a high level of assurance but is not a guarantee that an audit conducted in accordance with SAs
will always detect a material misstatement when it exists Misstatements can arise from fraud or error and are
considered material if individually or in the aggregate they could reasonably be expected to inluence the economic
decisions of users taken on the basis of these inancial statements
As part of an audit in accordance with SAs we exercise professional judgment and maintain professional skepticism
throughout the audit We also
bull Identify and assess the risks of material misstatement of the inancial statements whether due to fraud or
error design and perform audit procedures responsive to those risks and obtain audit evidence that is
suficient and appropriate to provide a basis for our opinion The risk of not detecting a material misstatement
resulting from fraud is higher than for one resulting from error as fraud may involve collusion forgery
intentional omissions misrepresentations or the override of internal control
bull Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and
related disclosures made by management
bull Conclude on the appropriateness of managements use of the going concern basis of accounting and based on
the audit evidence obtained whether a material uncertainty exists related to events or conditions that may cast
signiicant doubt on the Entitys ability to continue as a going concern If we conclude that a material
uncertainty exists we are required to draw attention in our auditors report to the related disclosures in the
inancial statements or if such disclosures are inadequate to modify our opinion Our conclusions are based on
the audit evidence obtained up to the date of our auditors report However future events or conditions may
cause the Entity to cease to continue as a going concern
bull Evaluate the overall presentation structure and content of the inancial statements including the disclosures
and whether the inancial statements represent the underlying transactions and events in a manner that
achieves fair presentation
Furtherwereportthat a) We have obtained all the information and explanations which to the best of our knowledge and belief were
necessary for the purpose of our audit
b) In our opinion proper books of accounts as required by law amp ICSI have been kept by the Regional Council
so far as it appears from our examination of books amp records
c) The Balance Sheet the Income and Expenditure Account and Cash Flow Statement are in agreement with
the books of accounts presented before us
d) In our opinion Income and Expenditure Account Balance Sheet and Cash Flow Statement comply with the
accounting guidelines as adopted by the Institute
For MITTAL amp MITTAL ASSOCIATES
CHARTERED ACCOUNTANTS
Firm Regn No 014511N
Sd-
(CAMUKESHMITTAL)
Membership No 092534
Partner Place New Delhi
Date 01062021
UDIN 21092534AAAADH2668
ARTICLES
Introduction
A change always have positive and negative effects Same happened with this law called Goods and Service Tax BJP
Government was trying to introduce this concept since 2002 The committee for GST was formed in the year 1999 by our
Prime Minister Atal Bihari Vajpayee It was our Prime Minister who in the year 1999 understood that there shall be
single indirect tax system among the country to reduce the burden on the businessman But the approval from the
opposition took too long to implement Just like said earlier that changes always lead to discussions and disagreement st
GST was the idea of Mr Atal Bihari Vajpayee and came into force under the Modi Government on 01 July 2017 midnight
Along with opposition party (congress) businessmen common people shopkeepers etc were against the government
It was hard for them to accept GST
WhichcountryGSTModelAdoptedbyIndia
GST was irst adopted by France in the year 1954 with 4 tax slab rates (21 55 10 and 20) Amongst the tax
rates 20 is the standard rate applicable to most of the goods in France After France more than 140 countries adopted
GST model and some of the countries adopted Dual-GST model Canada is one of the country with dual GST model and
India adopted the same
Dual-GST It is referred where tax is collected by federal government and then distributed to respective states
WhyGSTwasimplementedinIndia
The main objective of GST implementation was to eliminate double taxation ie from manufacturing level to
consumption level Earlier VAT and sales tax was part of indirect tax and manufactures were liable for VAT and consumer
was liable for Sales tax due to which price of the product used to increase For the beneit of the nation GST came into
effect in the year 2017 despite of any reluctance to the changes
Earlier many were against the GST model but slowly and steadily they understood that with the introduction of GST the
pricing of the product has been made easy and cost of some products has been introduced With the introduction of GST
businesses are able to earn proit because of One Nation One Tax formula
Since the launch of GST government implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull 025 applied to cut and semi-polished stones
bull 5 on household necessities such as sugar spices tea and coffee
bull 12 on computers and processed food
bull 18 on toothpaste hair oil soap etc
bull 28 to luxury items such as cigarettes cars bike refrigerators etc
Goods andService TaxCS Yati Mittal ACS
csyatimittalgmailcom
ARTICLE
ICSI-NIRC Newsletter I July 2021 18
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TypesofGST
1 Central Goods and Service Tax (CGST) It is charged on the intra state supply of products and services
2 State Goods and Service Tax It is charged on the supply of products and services within the state
3 Integrated Goods and Service Tax It is charged on the inter state supply of products and services
4 Union Territory Goods and Service Tax It is charged on the supply of goods and services of Union Territories
HowtoavailGSTNumber
Under GST regime below persons are required to obtain GST IN number
1 Any businesses whose turnover exceeds Rs 40 Lakh in a inancial year for a normal category states and
Rs20 lakh for a special category states
2 Person registered under previous law (VAT Service Tax)
3 Registered business that has been transferred
4 Person making inter-state supplies
5 Non-resident taxable person
6 Agents of the supplier
7 Those paying tax under reverse charge mechanism
8 Person supplying online information and database access or retrieval
9 Person who supplies via e-commerce aggregator
Eligible persons are required to follow below mentioned steps to obtain GST IN number
1 Visit GST Portal
2 Click on Registration tab under Services tab and select NewRegistration
3 An application form will be opened which is divided in two parts ie Part A and B
4 Eligible persons are required to ill in the details so asked and submit the same
5 After submitting the required details ARN (Application reference number) will be sent to the registered
email id and mobile number for future reference
GSTFilingStructure
There are three types of GST taxpayer
Regular Taxpayers Composition TaxablePersons
Returns forSpeciic Transactions
ICSI-NIRC Newsletter I July 2021 19
ARTICLE
A RegularTaxpayers
Form GSTR-1 and GSTR-3B are to be iled by businesses and professionals registered with GST every month if their
annual turnover is exceeds Rs 5 crore Other taxpayer had an option to choose a quarterly return iling
From the quarter January 2021 even the businesses and professional whose turnover exceeds Rs 5 crore has an
option to opt for QRMP (Quarterly Return and Monthly Payment) Scheme where they can ile GSTR-1 and 3B
quarterly with monthly estimated GST payment
B CompositionTaxablePersons
A person registered under this scheme has to ile Form CMP-08 quarterly and Form GSTR-4 yearly by 30 April from
year 2019-2020 onwards Till FY 2018-19 persons registered under this scheme were liable to ile Form GSTR-4
quarterly and GSTR-9A annually
C ReturnsforSpeciicTransactions
Special transactions under GST have been deined with speciic GST returns such as
bull GSTR-5It is iled by non-resident foreign taxpayers who are registered with GST and carry their business in
thIndia It shall be iled by 20 of each month
bull GSTR-5A It is a summary return for reporting the outward taxable supplies and tax payable by Online
thInformation and Database Access or Retrieval Services (OIDAR) provider under GST It shall be iled by 20 of
each month
bull GSTR-6 It is iled by Input Service Provider This form carry the details of input tax credit received and
thdistributed It shall be iled by 13 of each month
bull GSTR-7It is iled by person who are liable to deduct TDS This form will contain details of TDS payable paid and
thclaimed It shall be iled by 10 of every month
bull GSTR-8Return iled by e-commerce operators registered under GST and who collects Tax at source (TCS) The
threturn shall be iled by 10 of every month
Conclusion
Persons businesses professionals registered GST has to ile the form as per the dates prescribed They will not be able to
ile any next return if any month quarter or year return is pending from their sides Moreover if there is any late iling
then interest and late fees are being calculated Following are the interest rates and penalties that are being levied on
late submission of forms
bull Interest 18 pa shall be calculated on the outstanding amount It shall be calculated on the net tax liability in
the ledger The interest shall be levied from the very next day of due date of actual date of form iling
bull As per CGST and SGST Rs 100- per day each late fees is levied which shall not exceed Rs 5000- No late fee is
prescribed under IGST
ICSI-NIRC Newsletter I July 2021 20
GST stands for Goods and Services Tax which became effective from July 1 2017 in India as one tax one nation It is an
Indirect tax which introduced to replacing a host of other Indirect taxes such as value added tax service tax purchase
tax excise duty and so on
GST is a destination-based tax levied on the consumption of goods and services across the nation thus rendering the
country one uniied common market
GST is a multi-stage tax system which is comprehensive in nature and applied on the sale of goods and services
throughout India
Aim The main aim of this taxation system is to curb the cascading effect of other indirect taxes
The goods and services tax (GST) is a value-added tax levied on most goods and services sold for domestic consumption
The GST is paid by consumers in addition of the sales price of the product but it is remitted to the government by the
businesses selling the goods and services
goods andservice tax (gst)
ARTICLE
ICSI-NIRC Newsletter I July 2021 21
CS Parul Jain ACS
csparulnishujain10121gmailcom
Destination-based tax vs Origin-based tax
A destination-based tax is one which is levied in the state where the goods or services are consumed and not where they
are produced On the other hand an origin-based tax is levied in the state where goods or services are produced (not
consumed) The views expressed are personal views of the author
and it should not be taken as views of the NIRC-ICSI
ARTICLE
GST is paid by the different businesses at different rates in the following manner
Manufacturer The manufacturer pays GST on the raw material that is purchased and the value that has been added to
make the product However the tax that has been paid by the manufacturer is reduced from the overall GST that must be
paid
Service Provider The service provider pays GST on the amount that is paid for the service provided and the value that
has been added to it
Retailer The retailer pays GST on the product that has been purchased from the distributor as well as the margin that
has been added However the tax that has been paid by the retailer can be reduced from the overall GST that must be
paid
Consumer GST must be paid on the product that has been purchased by the consumer
History of GST
On July 1st 2017 the Goods and Services Tax implemented in India But the process of implementing the new tax regime
commenced a long time ago In 2000 Atal Bihari Vajpayee then Prime Minister of India set up a committee to draft the
GST law
In 2006 Finance Minister proposed the introduction of GST from 1st April 2010 and in 2011 the Constitution
Amendment Bill passed to enable the introduction of the GST law In 2012 the Standing Committee started discussions
about GST and tabled its report on GST a year later In 2014 the new Finance Minister at the time Arun Jaitley
reintroduced the GST bill in Parliament and passed the bill in Lok Sabha in 2015 Yet the implementation of the law
delayed as it was not passed in Rajya Sabha
GST went live in 2016 and the amended model GST law passed in both the house The President of India also gave assent
In 2017 the passing of 4 supplementary GST Bills in Lok Sabha as well as the approval of the same by the Cabinet Rajya
Sabha then passed 4 supplementary GST Bills and the new tax regime implemented on 1st July 2017
Tax Laws Before the Implementation of GST
The Centre and the State used to collect tax separately Depending on the state the tax regimes were different
Even though import tax was levied on one individual the burden was levied on another individual In the cases of direct
tax the taxpayer must pay the tax
Prior to the introduction of GST direct and indirect taxes were present in India
Direct Taxes Refers to the taxes which are paid straight by an individual on whom it is imposed For instance Property
Tax Wealth Tax Gift tax and Income tax etc
Indirect Taxes Refers to the taxes which are charged as a burden reduction for others For instance Excise Duty Service
and Sales tax etc
India established a dual GST structure in 2017 which was the biggest reform in the countrys tax structure in decades
The main objective of incorporating the GST was to eliminate tax on tax or double taxation which cascades from the
manufacturing level to the consumption level
ICSI-NIRC Newsletter I July 2021 22
ARTICLE
India has since launching the GST on July 1 2017 implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull A rate of 025 applied to cut and semi-polished stones
bull A 5 tax on household necessities such as sugar spices tea and coffee
bull A 12 tax on computers and processed food
bull An 18 tax on hair oil toothpaste soap and industrial intermediaries
The inal bracket taxing goods at 28 applies to luxury products including refrigerators ceramic tiles cigarettes cars
and motorcycles
The previous system with no GST implies that tax is paid on the value of goods and margin at every stage of the
production process This would translate to a higher amount of total taxes paid which is carried down to the end
consumer in the form of higher costs for goods and services The implementation of the GST system in India is therefore
a measure that is used to reduce inlation in the long run as prices for goods will be lower
ICSI-NIRC Newsletter I July 2021 23
TaxRates Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
GST also gives a major push to domestic industries as they will be able to procure seamless input credit for capital goods
Make in India campaign is set to lourish after this reform
ARTICLE
TypesofGST
The four different types of GST are given below
ICSI-NIRC Newsletter I July 2021 24
Central Goods and Services Tax (CGST) CGST is charged on the intra state supply of products and services
Individuals who pay tax as per the reverse change mechanism Central goods and service tax is the amount which is
channelled to the central government of revenue department which is equal to SGST The speciic tax amount is for
remuneration for loss of the already existing excise duties which is supposed to be paid to the central government In
such a scenario of the regional sales the remaining 50 share of GST is sent to the CGST
StateGoodsandServicesTax (SGST) SGST like CGST is charged on the sale of products or services within a stateState
Goods and Service Tax is the integral part of tax which is transferred to the state government and state revenue
department This remunerates the loss of present Sales Tax and VAT to state government It is where the 50 share of
total tax imposed is transferred to the SGST tax
IntegratedGoodsandServicesTax (IGST) IGST is charged on inter-state transactions of products and servicesIGST
stands for the Integrated Goods and Services Tax which is imposed when the state-to-state sales and procurement is in
transition A speciic share is sent to the central government along with the partner state to which the goods and services
belong to The IGST is levied only when the two states procurement and sales take place
ARTICLE
RegistrationunderGST
It is mandatory for all Service providers buyers and sellers to register A business that makes a total income of Rs20
lakhs and more in a inancial year must be required to do GST registration It takes 2-6 working days to process
The below mentioned entities and individuals must register for Goods and Services Tax
middot E-commerce aggregators
middot Individuals who supply through e-commerce aggregators
middot Agents of input service distributors and suppliers
middot Non-Resident individuals who pay tax
middot Businesses that have a turnover that is more than the threshold limit
middot Individuals who have registered before the GST law was introduced
Any company that is eligible under GST must register itself in the GST portal created by the Government of India The
registered entities will get a unique registration number called GSTIN
A 15-digit distinctive code that is provided to every taxpayer is the GSTIN The GSTIN will be provided based on the state
you live at and the PAN Some of the main uses of GSTIN are mentioned below
w Loans can be availed with the help of the number
w Refunds can be claimed with the GSTIN
w The veriication process is easy with the help of the GSTIN
w Corrections can be made
The GST registration certiicate is issued in Form GST REG-06 The certiicate is not issued physically It is available in
digital format only A GST Certiicate is an oficial document that is issued by the concerned authorities for a business
that has been enrolled under the GST system GST Certiicate contains GSTIN Legal Name Trade Name Constitution of
Business Address Date of liability Period of Validity Types of Registration Particulars of Approving Authority
Signature Details of the Approving GST oficer and Date of issue of a certiicate
GST E-Way Bill
An electronic document that is generated to show proof of goods movement is the E-Way bill We can generate the bill
from the GST portal
BeneitsofGST
ICSI-NIRC Newsletter I July 2021 25
ARTICLE
The following are the advantages of goods and services tax in India
bull Regulation of the unorganised sector
bull E-commerce operators no longer suffer from differential treatment
bull Fewer complications
bull Composition scheme
bull Registration process and iling of returns are simple
bull Higher threshold
bull Elimination of the cascading tax effect
GoodsandServicesTaxNetwork
The GSTN is the Goods and Services Tax Network which is responsible for managing the IT system concerning the GST
Portal It is a non-proit non-government organization and is the database for the oficial GST Portal
The features of the GSTN can be listed as follows
bull Keeping the information of all the taxpayers safe and secure
bull Maintaining conidentiality of the taxpayers information
bull It is a trusted National Information Utility (NIU)
GSTN is responsible for handling
bull The invoices
bull The registrations
bull The payments and refunds (if any)
bull Different types of returns
GSTReturns
A GST Returns is a document that contains information about the income that a taxpayer must ile with the authorities
This information used to compute the taxpayers tax liability Under the Goods and Services Tax registered dealers must
ile their GST returns with details regarding their purchases sales input tax credit and output GST Businesses are
expected to ile 2 monthly returns as well as an annual return
Currently the GST is paid every month The GSTR-1 and GSTR-3B must be iled In the case of refunds the relevant forms
must be submitted as well GST payments can be made both online and ofline Once the payment has made a challan is
generated
TypesofGSTReturnsandDuedates
GSTR-1
GSTR-1 is the return to be furnished for reporting details of all outward supplies of goods and services made In other
words it contains the invoices and debit-credit notes raised on the sales transactions for a tax period GSTR-1 is to be
iled by all normal taxpayers who are registered under GST including casual taxable persons
ICSI-NIRC Newsletter I July 2021 26
ARTICLE
Monthlyby11thofeverysucceedingmonthif the business either has an annual aggregate turnover of more than Rs5
crore or has not opted into the QRMP scheme
Quarterlyby13thofthemonthfollowingeveryquarterif the business has opted into the QRMP scheme
GSTR-2A
GSTR-2A is a view-only dynamic GST return relevant for the recipient or buyer of goods and services It contains the
details of all inward supplies of goods and services ie purchases made from GST registered suppliers during a tax
period
GSTR-2B
GSTR-2B is again a view-only static GST return important for the recipient or buyer of goods and services
GSTR-2B provides action to be taken against every invoice reported such as to be reversed ineligible subject to reverse
charge
ICSI-NIRC Newsletter I July 2021 27
ARTICLE
GSTR-3B
GSTR-3B is a monthly self-declaration to be iled for furnishing summarised details of all outward supplies made input
tax credit claimed tax liability ascertained and taxes paid
GSTR-3B is to be iled by all normal taxpayers registered under GST The sales and input tax credit details must be
reconciled with GSTR-1 and GSTR-2B every tax period before iling GSTR-3B GST reconciliation is crucial to identify
mismatches in data that may lead to GST notices in future or suspension of GST registration as well
The iling frequency of GSTR-3B is currently as follows
thMonthly 20 of every following month for taxpayers with an aggregate turnover in the previous inancial year of more
than Rs5 crore or have been otherwise eligible but still opted out of the QRMP scheme
thQuarterly 24 of every following month of the quarter ended for the taxpayers with aggregate turnover is less than or
equal to Rs 5 crore eligible and remain opted into the QRMP scheme
ICSI-NIRC Newsletter I July 2021 28
GSTR-4
GSTR-4 is the annual return that was to be iled by the composition taxable persons under GST by 30th April of the year
following the relevant inancial year It has replaced the erstwhile GSTR-9A (annual return) from FY 2019-20 onwards
Prior to FY 2019-20 this return had to be iled on a quarterly basis Thereafter a simple challan in form CMP-08 iled by
18th of the month succeeding every quarter replaced it
ARTICLE
The composition scheme is a system in which taxpayers dealing with goods and having a turnover up to Rs15 crores can
opt into and pay taxes at a ixed rate on the turnover declared
GSTR-5
GSTR-5 is the return to be iled by non-resident foreign taxpayers who are registered under GST and carry out business
transactions in India
The return contains details of all outward supplies made inward supplies received creditdebit notes tax liability and
taxes paid
The GSTR-5 return is to be iled monthly by the 20th of each month under GSTIN that the taxpayer is registered in India
GSTR-5A
GSTR-5A refers to a summary return for reporting the outward taxable supplies and tax payable by Online Information
and Database Access or Retrieval Services (OIDAR) provider under GST
The due date to ile GSTR-5A is the 20th of every month
GSTR-6
GSTR-6 is a monthly return to be iled by an Input Service Distributor (ISD)
It will contain details of input tax credit received and distributed by the ISD It will further contain details of all
documents issued for the distribution of input credit and the manner of distribution
The due date to ile GSTR-6 is the 13th of every month
GSTR-7
GSTR-7 is a monthly return to be iled by persons required to deduct TDS (Tax deducted at source) under GST
This return will contain details of TDS deducted the TDS liability payable and paid and TDS refund claimed if any
The due date to ile GSTR-7 is the 10th of every month
GSTR-8
GSTR-8 is a monthly return to be iled by e-commerce operators registered under the GST who are required to collect tax
at source (TCS)
It contains details of all supplies made through the e-commerce platform and the TCS collected on the same
The GSTR-8 return is to be iled on a monthly basis by the 10th of every month
ICSI-NIRC Newsletter I July 2021 29
ARTICLE
GSTR-9
GSTR-9 is the annual return to be iled by taxpayers registered under GST It is due by 31st December of the year
following the relevant inancial year as per the GST law
It contains the details of all outward supplies madeinward supplies received during the relevant inancial year under
different tax heads ie CGST SGST amp IGST and a summary value of supplies reported under every HSN code along with
details of taxes payable and paid
It is a consolidation of all the monthly or quarterly returns (GSTR-1 GSTR-2A GSTR-3B) iled during that inancial year
GSTR-9 is required to be iled by all taxpayers registered under GST
However there are few exceptions such as taxpayers who have opted for the composition scheme casual taxable
persons input service distributors non-resident taxable persons and persons paying TDS under section 51 of the CGST
Act
GSTR-9C
GSTR-9C is the reconciliation statement to be iled by all taxpayers registered under GST whose turnover exceeds Rs2
crore in a inancial year as per the GST law
It must be certiied by a Chartered AccountantCost amp Management Accountant after conducting a thorough GST audit
of the books of accounts and comparing the igures with the GSTR-9
The deadline to ile this statement is the same as the due date prescribed for GSTR-9 ie 31st December of the year
following the relevant inancial year
GSTR-9C is to be iled for every GSTN hence one PAN can have multiple GSTR-9C forms being iled
GSTR-10
GSTR-10 is to be iled by a taxable person whose registration has been cancelled or surrendered This return is also
called a inal return and has to be iled within three months from the date of cancellation or cancellation order
whichever is earlier
GSTR-11
GSTR-11 is the return to be iled by persons who have been issued a Unique Identity Number (UIN) in order to get a
refund under GST for the goods and services purchased by them in India UIN is a classiication made for foreign
diplomatic missions and embassies not liable to tax in India for the purpose of getting a refund of taxes GSTR-11
contains details of inward supplies received and refund claimed
LateilingofGSTReturns
Return iling is mandatory under GST Even if there is no transaction you must ile a Nil return
You cannot ile a return if you do not ile the previous monthquarters return
Hence late iling of GST return will have a cascading effect leading to heavy ines and penalty
The late iling fee of the GSTR-1 is populated in the liability ledger of GSTR-3B iled immediately after such delay
ICSI-NIRC Newsletter I July 2021 30
ARTICLE
InterestandLatefeetobepaid
Interest is 18 per annum It has to be calculated by the taxpayer on the amount of outstanding tax to be paid It shall be
calculated on the net tax liability identiied in the ledger at the time of payment The time period will be from the next day
of iling due date till the actual date of payment
As per the CGST Act the late fee is Rs 100 per day per Act So it is Rs100 under CGST amp Rs 100 under SGST The total
shall be Rs 200day However there is a maximum levy of Rs 5000 There is no late fee separately prescribed under the
IGST Act Also for GSTR-1 and GSTR-3B the total late fee was reduced to Rs 50 day (Rs20 day for Nil iling)
Conclusion
The goods and services tax (GST) is a tax on goods and services sold domestically for consumption The tax is included in
the inal price and paid by consumers at point of sale and passed to the government by the seller The GST is a common
tax used by the majority of countries globally The GST is usually taxed as a single rate across a nation
Every year 1st of July is commemorated as the Financial Independence Day across the country whereupon the entire
MOP (Member of Parliament) took part in the Parliament house function The transformation of the GST jurisdiction
which was approved by +150 countries is not so easy to get done It was not just the complexities but also the confusions
were expected to pop up In a country like India there is a possibility of such complexities
ICSI-NIRC Newsletter I July 2021 31
GSTndashOneNationOneTax
GST an area of Vast Opportunities for the Professionals The Goods and Services Tax (GST) is a major taxation reform till
date implemented in India since independence which has replaced many indirect taxes in India such as the Excise duty
VAT services tax additional customs duty surcharges and Octroi etc The Goods and Service Tax Act was passed in the
thParliament on 29 March 2017 and came into effect on 1st July 2017The Parliament has enacted the Central Goods and
Services Tax Act 2017 (CGST Act) while the respective states have enacted their own law The Parliament has also
enacted the Union Territory Goods and Services Tax Act 2017 (UTGST Act) for taxation of intra-state supply within the
Union territories of the Country
GST is a tax which is levied on the supply of goods and services and the tax is levied at every point of sale GST Law in India
is a comprehensive multi-stage destination-based tax that is levied on every value addition GST laws have impacted
the life of the many professionals Enactment of GST Law in India is favorable for Tax Systems growth and prosperity of
our nation
NeedofGST
With the enactment implementation of GST Law new rules and amendments introduced in the taxation system The
Tax system has been improved and everything is required to do in the bracket of GST subsuming all the previously
applicable indirect taxes
ARTICLE
ICSI-NIRC Newsletter I July 2021 32
ldquocompany secretary asgst professionalrdquo
CS Lalit Rajput ACS
lalitrajput537gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TaxesunderGST
ICSI-NIRC Newsletter I July 2021 33
3MajorComponentsofGST
CGST SGST IGST
Ta x c o l l e c t e d b y t h e C e n t r a l
Government on an intra-state sale
Tax collected by the state government
on an intra-state sale
Ta x c o l l e c t e d b y t h e C e n t r a l
Government for an inter-state sale
Revenue - Shared equally between the Centre and the State Centre will share the IGST revenue
based on the destination of goods
GSTndashAnEmergingopportunityforCompanySecretaryProfessionals
ldquoOpportunitiesknockonlyonceatyourdoorrdquo-GSTisanopportunityforprofessionalslikeuswhich
providesanopportunitytoservelearnandearn
GST law is a consolidation of many indirect taxes laws amprules with the inputs rendered by the tax authorities GST
provides an opportunity to every professional including Company Secretaries (CS) Member of the ICSI to learn and
grow with the new Tax System Structure regardless of competition with experienced professionals of the ield as this
system is new and emerging for all
After the enactment of GST Law in the country the opportunities for professionals in the area of accounting services and
tax management have increased signiicantly and so the role of Professionals including Company Secretaries We
Company Secretaries can help businesses organizations to understand the necessary document needs which are
required to submit for GST registration and relevant GST compliance post registration with the concerned authority It is
our duty and responsibility as Governance Professionals to take interest in emerging opportunity provided by the
Finance Ministry new taxation system to understand fully and then advise concerned people organization accordingly
GST is a new career opportunity for us The requirement of GST experts professionals in the market is at peak due to
various economic reforms of the nation The newness of the GST concept and due to several changes came in this law
lucrative career opportunities have been creating in GST regime for GST professionals experts Due to the increased
emphasis in GST reforms the hiring intensity for GST professionals is at an overall high There has been a huge demand
for the GST talent experts in all the business verticals due to the criticality of the subject
ARTICLE
This is the right time to become a GST experts professional and take home hefty salary packages But since the level of
professional GST expertise required in the industry is high one has to be careful ampremain updated with all the latest
concepts of GST laws
GSTCoursepromotedbyICSI
As the demand of GST professionals has been increased in the industry The Institute of Company Secretaries of India
(ICSI) In order to give suficient practical knowledge of GST has come up with Certiicate course in GST Law which is an
advanced level course and shall test a candidates knowledge of various concepts of GST along with the transitional
issues The candidates successfully complete the Course are awarded a Certiicate by ICSI
This course enables members to understand the key areas of impact in their business prepare different scenarios for
the design and application of GST identify areas of adverse impact and prepare contingency measures examining legal
documentation for recovery of taxes on existing transactions etc
RoleofCompanySecretariesunderGSTRegime
Company Secretaries Members of ICSI are LawExpertsandComplianceMaster Under section 203 of the Companies
Act 2013 Company Secretary has been deined as KMPs ie Key Managerial Personnel means person who is in-
charge of maintaining the high standard of Corporate Governance by abiding laws and regulations in timely complied
manner In other countries Company Secretary is called as Corporate Secretary as he is responsible to take care of all the
compliances with statutory and regulatory requirements
Company Secretaries can play an important role in GST Regime Company Secretaries can act as a Consultant facilitator
and an advisor to the Corporates They can ensure smooth rollout of GST Law in India To minimize tax and smooth
implementation of GST the business would require restructuring their system and Company Secretary can render
required service to and ensure proper restructuring of business
ListofsomeactivitiesandComplianceMattersthatcanbeundertakenbyaCompanyundertheGST
Regime
1RegistrationofvariousBusinessformsundertheGSTLaws
As we all know that there is no professional certiication required to ile registration of any business form with the GST
Authorities Therefore a Company Secretary professional can also render registration services to the industry
2FilingofGSTReturnswiththeGSTAuthorities
To ile GST Returns whether monthly quarterly at GST Portal for all types of Business forms there is no professional
attestation certiication required Hence a Company Secretary professional with expertisein the GST matters can also
render registration services
3ConsultancytotheEntrepreneursandRestructuringtheirBusinessSystem
Being a Company Secretary we have been always considered as Corporate Law experts We dont need any Taxation
Degree to provide consultancy on the GST matters We can comprehensively interpret the law of GST and provide
complete guidance and advisory to the business entities
4Submissionofvariousreturnsinatimeboundmanner
We are responsible for the eficient and timely administration of the company and speciically ensuring statutory and
regulatory compliance We can guide in better compliance and governance and ensure that all activities undertaken to
achieve its aim are in compliance with legal ethical and regulatory requirements
ICSI-NIRC Newsletter I July 2021 34
ARTICLE
5E-waybillsrelatedissues
E-Way Bill is an Electronic Way bill for movement of goods to be generated on the e-Way Bill Portal and is mandatory for
a GST registered person transporting goods exceeding value of Rs 50000 (Single Invoicebilldelivery challan) We can
help the business entities persons registered under GST Law to generate the W-waybill on time
We can help and support business entities in Maintenance of appropriate registers and records of the organization as
required under GST Law regime
6Taxplanning
Tax planning is an important segment for every business We can help the industry owners entrepreneurs by Tax
planning services and helps in increasing availability of cash for investment business or personal needs We are
competent to understand the impact of laws changes modiications and its various alternatives and can be helpful in
proper tax planning under GST
7EnsureadequatestepsmeasureshasbeentakentopreventfromNon-Compliance
Procedural Compliance includes registration iling of returns payments of taxes assessment etc Since a Company
Secretary is already playing the role of a Compliance Oficer under various other laws he can assist in the same under
GST law also
8AmendmentsmodiicationsampClosureofBusiness
We can helps the registered person under GST Law to submit various applications for amendments or modiications
revocation and cancellation of GST Registration
Conclusion
Registration Amendments Closure Compliance Check requirements Audit and due diligence in the matters related to
GST Law in the Corporate Sectors needs a close watch and proper guidance and laws regulations should be followed by
the Company Secretaries Company Secretaries in Practice All the records and disclosures should be made properly
The Corporate Laws including GST becomes more tough and strict against Non ndash Compliances with respect to any
matter The dynamics of the boardroom are changing and chairmen and directors are realizing that they need specialist
skilled and technical knowledgeable person in this area and they are looking to company secretaries to provide this
expertiseWe are skilled expert professionals who understand legal inancial and compliance dimensions of business
entity comprehensively
ICSI-NIRC Newsletter I July 2021 35
GST is one of the biggest taxation reforms of independent India Its main object was to integrate State economies GST is
the most historic indirect tax reform and is implemented with the aim of enhancing the overall growth of the Nation
along with supporting the MakeInIndiainitiative It aims at creating a single uniied Indian market throughout the
Nation It is a comprehensive destination based indirect tax levy of goods as well as services at the national level
Its main objective is to consolidate multiple indirect tax levies into a single tax thus subsuming an array of tax levies
overcoming the limitations of previous indirect tax structure and creating eficiencies in tax administration
GST is a consumption-based tax which is levied on the basis of ldquoDestination principlerdquo The concept relates
to taxing the supply of goods or services at the point of consumption
It is a comprehensive tax regime covering both goods and services and is collected on value-added at each stage of the
supply chain Further GST paid on the procurement of goods and services can be set off against that payable on the
outward supply of goods or services In simple words Goods and Services Tax is a tax levied on goods and services
imposed at each point of supply GST is a national level tax based on value added principle just like State level VAT which
was levied as tax on sale of inter-state goods
The essence of GST is in removing the cascading effects ie tax on tax of both Central and State taxes by allowing setting-
off of taxes throughout the value chain right from the original producer and service
providers point up to the consumer level
GST is a major improvement over existing system of VAT and disjointed Service Tax ushering a collective gain for
industry trade and common consumers as well as for the Central Government and the State Governments at large
GST as a well-designed value added tax on all goods and services is the most elegant method to eliminate distortions
and to tax consumption
Time to time there had been many amendments in GST Act to remove hardness
In starting when GST came many small business men were thinking that this is a burden on them but time to time under
this act many sections were introduced for the ease of business
For example A composition scheme was introduced in this Act
This composition scheme is an option for speciied categories of small taxpayers to pay GST at a very low rate on the base
of turnover
Now this scheme can be opted by small business men whose turnover in preceding inancial year does not exceed Rs 15
Cr and in some speciied categories eg Arunachal Pradesh Uttarakhand Manipur Meghalaya Mizoram Nagaland
Tripura amp Sikkim this limit is Rs75 Lakh
All composition dealer who opts this scheme are not required to do much compliances and they have to ile quarterly
return in place of monthly return iling
ARTICLE
ICSI-NIRC Newsletter I July 2021 36
GST in IndiaCS Sarika Gupta ACS
cssarikaguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
Earlier this scheme was only for manufacturer trader and restaurant service providers
All manufacturer and traders who opt this scheme pay GST rate of 1 while all restaurant service providers pay GST
5 under this scheme
In spite of it anewsection10(2A)is also inserted which allows small service providers providing services other than
restaurant service to opt this scheme on presumption basis Only condition for this scheme is that aggregate turnover
should not exceed Rs 50 Lakh in the previous year In this scheme they have to pay GST 6 (CGST+ SGSTUTGST) on
irst supplies of services up to a value of Rs 50 lakhs made from the date of 1st April of current year
Wecanunderstandthissectionbyoneexample
A photographer Champak Lal has commenced photography service in Delhi from April this year His turnover for
various quarter is as follows
April- June Rs 20 Lakh July ndash Sept Rs 30 Lakh Oct ndash Dec Rs 20 Lakh
He takes registration when his turnover limit is crossed ie after the month of June when turnover limit exceeds Rs 20
Lakhs Now he can opt this scheme because in preceding year his turnover is nil ie below Rs 50 Lakhs
thFor payment of tax under this scheme turnover from 1st April to 30 June will be excluded as this time he did not take
registration in GST
He will pay GST 6 on next Rs 30 Lakh turnover of July to September quarter ie Rs 180000 under this scheme
By end of September month he crosses the eligibility Turnover limit of Rs 50 Lakhs of this scheme so he has to opt out
from this scheme and to adopt normal scheme While during the irst quarter April to June he was not registered in GST
but for eligibility of this scheme turnover of this quarter will also be counted in eligibility limit
Consequently Tax payable for quarter Oct- Dec will be 20 L18 ie Rs 360000 under normal scheme
In the same way earlier all traders and manufacturer who opt this composition scheme were not allowed to provide
services except restaurant services as well as all restaurant service providers also were not allowed to provide other
services except restaurant service
But now Secondprovisotosection10(1)allowsManufacturertraderandrestaurantserviceproviderstosupply
marginal services other than restaurant services along with Goods Restaurant service in CY of value not exceeding
10ofpreviousyearsturnoverorRs500000whichever is Higher
Wecanunderstandthisfromoneexample
Binod is engaged in supply of goods His aggregate turnover in preceding FY is 60 lakh Since his aggregate turnover in
the preceding FY does not exceed 15 crore he is eligible for composition scheme in current FY Further in current FY he
can supply services [other than restaurant services] up to a value of not exceeding
(a) 10 of Rs 60 lakhs ie Rs6 lakh or
Rs 5 lakhs whichever is igher
Thus time to time there are becoming many amendments in this Act for the ease of business In overall we can say GST
(GOODS AND SERVICE TAX) is a GoodandSimpleTax
ICSI-NIRC Newsletter I July 2021 37
GST is known as the Goods and Services Tax It is an indirect tax which has replaced many indirect taxes in India such as
the excise duty VAT services tax etc The Goods and Service Tax Act was passed in the Parliament on 29th March 2017
and came into effect on 1st July 2017
In other words GST is levied on the supply of goods and services Goods and Services Tax Law in India is a
comprehensivemulti-stagedestination-basedtaxthat is levied on everyvalueaddition GST is a single domestic
indirect tax law for the entire country
GSTAdvantages
middot GST is a transparent tax and also reduces the number of indirect taxes
middot GST will not be a cost to registered retailers therefore there will be no hidden taxes and the cost of doing business
will be lower
middot Beneit people as prices will come down which in turn will help companies as consumption will increase
middot There is no doubt that in the production and distribution of goods services are increasingly used or consumed
and vice versa
middot Separate taxes for goods and services which is the present taxation system requires division of transaction
values into value of goods and services for taxation leading to greater complications administration including
compliances costs
middot In the GST system when all the taxes are integrated it would make possible the taxation burden to be split
equitably between manufacturing and services
middot GST will be levied only at the inal destination of consumption based on the VAT principle and not at various
points (from manufacturing to retail outlets) This will help in removing economic distortions and bring about
development of a common national market
middot GST will also help to build a transparent and corruption-free tax administration
middot Presently a tax is levied on when a inished product moves out from a factory which is paid by the manufacturer
and it is again levied at the retail outlet when sold
middot GST is backed by the GSTN which is a fully integrated tax platform to deal with all aspects of GST
GSTDisadvantages
middot Some Economist says that GST in India would impact negatively on the real estate market It would add up to 8
percent to the cost of new homes and reduce demand by about 12 percent
middot Some Experts says that CGST (Central GST) SGST (State GST) are nothing but new names for Central
ExciseService Tax VAT and CST Hence there is no major reduction in the number of tax layers
ARTICLE
ICSI-NIRC Newsletter I July 2021 38
goods and servicestax (gst)
CS Jaspal Singh Dhanjal FCS
cspunjabpoweryahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
middot Some retail products currently have only a four percent tax on them After GST garments and clothes could
become more expensive
middot The aviation industry would be affected Service taxes on airfares currently range from six to nine percent With
GST this rate will surpass ifteen percent and effectively double the tax rate
middot Adoption and migration to the new GST system would involve teething troubles and learning for the entire
ecosystem
What are the components of GST
There are three taxes applicable under this system CGST SGST amp IGST
middot CGST It is the tax collected by the Central Government on an intra-state sale (eg a transaction happening
within Maharashtra)
middot SGST It is the tax collected by the state government on an intra-state sale (eg a transaction happening within
Maharashtra)
middot IGST It is a tax collected by the Central Government for an inter-state sale (eg Maharashtra to Tamil Nadu)
In most cases the tax structure under the new regime will be as follows
ICSI-NIRC Newsletter I July 2021 39
Transaction GSTRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central
ExciseService tax
Revenue will be shared equally between the
Centre and the State
Sale to another State IGST Central Sales Tax + Excise
Service Tax
There will only be one type of tax (central) in
case of inter-state sales The Centre will then
share the IGST revenue based on the destination
of goods
GSTRegistration
AggregateTurnover RegistrationRequired Applicability
EarlierLimitsndashForthesaleofGoodsProvidingServices
Exceeds Rs20 lakh Yes ndash For Normal Category States Up to 31st March 2019
Exceeds Rs10 lakh Yes ndash For Special Category States Up to 31st March 2019
NewLimitsndashForSaleofGoods
Exceeds Rs 40 lakh Yes ndash For Normal Category States From 1st April 2019
Exceeds Rs 20 lakh Yes ndash For Special Category States From 1st April 2019
NewLimitsndashForProvidingServices
There has been no change in the threshold limits for service providers Persons providing services need to register if
their aggregate turnover exceeds Rs 20 lakh (for normal category states) and Rs 10 lakh (for special category states)
ARTICLE
The process by which a taxpayer gets registered under Goods and Service Tax (GST) is GST registration Once the
registration process has been completed the Goods and Service Tax Identiication Number (GSTIN) is provided The 15-
digit GSTIN is provided by the Central Government and helps to determine whether a business is liable to pay GST
WhoiseligibletoregisterunderGST
GST Registration must be completed by the following individuals and businesses
1 Individuals who have registered under the tax services before the GST law came into effect
2 Non-Resident Taxable Person and Casual Taxable Person
3 Individuals who pay tax under the reverse charge mechanism
4 All e-commerce aggregators
5 Businesses that have a turnover that exceeds Rs40 lakh In the case of Uttarakhand Himachal Pradesh Jammu amp
Kashmir and North-Eastern states the turnover of the business should exceed Rs10 lakh
6 Input service distributors and agents of a supplier
7 Individuals who supply goods through an e-commerce aggregator
8 Individuals providing database access and online information from outside India to people who live in India
other than those who are registered taxable persons
TypesofGSTRegistration
Under the GST Act GST Registration can be of various types You must be aware of the different types of GST Registration
before selecting the appropriate one The different types of GST Registration are
NormalTaxpayer
Most businesses in India fall under this category You need not provide any deposit to become a normal taxpayer There is
also no expiry date for taxpayers who fall under this category
CasualTaxablePerson
Individuals who wish to set up a seasonal shop or stall can opt for this category You must deposit an advance amount
that is equal to the expected GST liability during the time the stall or seasonal shop is operational The duration of the
GST Registration under this category is 3 months and it can be extended or renewed
CompositionTaxpayer
Apply for this if you wish to obtain the GST Composition Scheme You will have to deposit a lat under this category The
Input tax credit cannot be obtained under this category
Non-ResidentTaxablePerson
If you live outside India but supply goods to individuals who stay in India opt for this type of GST Registration Similar to
the Casual Taxable Person type you must pay a deposit equal to the expected GST liability during the time the GST
registration is active The duration for this type of GST registration is usually 3 months but it can be extended or
renewed at the type of expiry
ICSI-NIRC Newsletter I July 2021 40
ARTICLE
DocumentsrequiredforGSTRegistration
Here are the documents required to complete GST Registration
1 PAN card
2 Aadhaar card
3 Business address proof
4 Bank account statement and cancelled cheque
5 Incorporation Certiicate or the business registration proof
6 Digital Signature
7 Directors or Promoters ID proof address proof and photograph
8 Letter of Authorisation or Board Resolution from Authorised Signatory
GSTRegistrationViaAuthenticationofAadhaar
New businesses can secure their GST registration with the help of the Aadhaar The process is simple and quick The new
process came into effect from 21 August 2020 The procedure to opt for Aadhaar authentication is mentioned below
1 When you apply for GST registration you will be provided with an option to choose Aadhaar authentication
2 Select YES The authentication link will be sent to the registered email ID and mobile number
3 Click on the authentication link
4 Enter the Aadhaar number and select Validate
5 Once the details have been matched an OTP will be sent to the registered mobile number and email ID
6 Enter the OTP to complete the process You will get the new GST registration within three working days
OnlineGSTRegistrationFees
In case you complete the GST Registration procedure online no fee will be levied Once the relevant documents have
been uploaded an Application Reference Number (ARN) will be sent via SMS and email to conirm the registration
PenaltyforNotRegisteringorLateRegisteringUnderGST
If you do not pay tax or pay a lesser amount than what is due the penalty that is levied is 10 of the due amount (in case
of genuine errors) However the minimum penalty is Rs10000
If you have not registered for GST and are deliberately trying to evade tax the penalty levied is 100 of the due tax
amount
BeneitsofGSTRegistration
The main beneits of GST registration are mentioned below
1 Big projects can be accepted from Multinational Corporations (MNCs)
2 Goods can be sold online
3 Goods can be sold across the country
4 GST registration acts as valid proof as it is a legal entity registration
5 Input tax credit can be availed when any goods or services are being purchased
6 With the help of a GSTIN a current bank account can be opened
7 The GSTIN helps in increasing the brand value of the business
ICSI-NIRC Newsletter I July 2021 41
ARTICLE
GSTRegistrationExemption
The below-mentioned individuals and entities are exempt from GST registration
1 Businesses that manufacture supplies that come under reverse charge
2 Activities that do not come under the supply of goods or services Examples of such activities are the sale of a
building or land funeral services and services provided by an employee
3 Businesses that make non-GST non-taxable supplies Examples are aviation turbine fuel electricity natural
gas high-speed diesel and petrol
4 Businesses that make exempt nil-rated supplies
5 Businesses that fall under the threshold exemption limit
6 Agriculturists
ICSI-NIRC Newsletter I July 2021 42
SrNo Period RsInCrore
1 May 2021 102709
2 April 2021 141384
3 March 2021 123902
4 Feb 2021 113143
5 January 2021 119843
Conclusion
The enforcement of GST has brought in a very transparent system to the country that is also corruption-free The
beneits are far-reaching and are not only business-friendly but consumer-friendly as well This system of taxation has
placed the country well in international trade The Indian market is far more stable now than it ever was With the
application of GST India is in a much better position in the international markets which has positively affected the
economy
GSTndashAhistoricalperspective
Taxes are the prime component of development of any country The revenue from taxation is applied to inance public
goods and services such as infrastructure sanitation transportation and all other amenities which are provided by the
Government to its citizens A tax is a none penal yet compulsory transfer of resources from the private to the public
sector levied on a basis of predetermined criteria and without reference to speciied beneit received
Taxes in India used to be levied by multiple agencies such as Central Government State Governments and some local
authorities such as municipalities There are two types of taxes which are levied in India vizDirect Tax which is levied
directly to an individuals income in the form of Income Tax and Indirect Tax that is paid indirectly by the inal consumer
of goods and services
The source of powers to legislate laws in India is the Constitution of India and the authority to levy a tax is derived from
the Constitution of India which allocates the power to levy various taxes between the Centre and the States Previously
the Centre had the powers to levy tax on the manufacture of goods (except alcoholic liquor for human consumption
opium narcotics etc) while the States had the powers to levy tax on the sale of goods In the case of inter-state sale the
Centre had the power to levy a tax (CST) but the tax was collected and retained entirely by the states As for services it
was the Centre that was empowered to levy service tax
In a nutshell the previous indirect tax regime can be looked at from the point of view of Central and State laws For the
Central Government Central Excise Customs and Service Tax were the three main components For the State
Governments Value Added Tax (VAT) and CST were major taxes along with octroi entertainment tax etc which were in
many cases administered by the local bodies
VATndashThefirststeptowardsIndirectTaxReform
stIntroduction of VAT from 1 April 2005 was considered to be a major step and important breakthrough in the sphere of
indirect tax reform in India Though VAT was a successful move there were certain short-comings in the structure of
VAT This was mainly due to the form of mosaic of taxes being levied on goods and services such as luxury tax
entertainment tax etc not subsumed in the VAT thereby marginalizing the beneits comprehensive tax credit
mechanism The forms of CENVAT and State VAT were remained ineficient in fully removing the cascading effect of
taxes Such taxes added to the cost of goods and services through ldquotax on taxrdquo which the inal consumer has to bear
Variable rates under Excise Duty coupled with multiple valuation systems and various exemptions challenged the VAT
system further A business establishment having ofices in different States was required to follow the laws of the
respective states
ARTICLE
ICSI-NIRC Newsletter I July 2021 43
GOODS AND SERVICES TAX (GST)Culmination of ldquoOne Nation
One Taxrdquo ConceptCS Piyush Jain ACS
jainpiyush692gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
ChallengesofVATsystem
CENVAT was conined to the manufacturing stage and did not extend to the distribution chain beyond the factory gate
Because of this CENVAT paid on goods could not be adjusted against State VAT payable on subsequent sale of goods
This was the position for CENVAT collected on domestically produced goods and that collected as additional duty of
Customs on imported goods Whereas input tax credit of CENVAT or additional duty of custom was available to service
providers paying service tax they were unable to neutralize the State VAT or other state taxes paid on their purchase of
goods State VAT was payable on the value of goods inclusive of CENVAT and thus the VAT liability of a dealer used to get
inlated by this component without beneit of set off Inter state sale of goods attracted CST levied by the Centre and
collected by states This was an origin based tax and could not be set off against VAT in many situations VAT dealers
were unable to set off Service Tax that they had paid on their procurement of taxable input services
GSTndashthemostsigniicantindirecttaxreforminIndia
In order to address the above challenges of VAT GST was thought upon deliberated and brought in as a signiicant
improvement in the indirect tax regime at national as well as state level GST is one of the signiicant taxation reforms in
India aiming to integrate state economics and boost overall growth by creating a single uniied Indian market to make
the economy stronger
GST is consumption or destination based tax levied on goods and services at national level based on ldquoDestination
Principlerdquo It covers both goods and services and be collected on value added at each stage of the supply chain GST paid
on the procurement of goods and services can be set off against that payable on supply of goods or services GSTs prime
aim is to consolidate multiple Indirect tax levies into a single tax thus subsuming an array of tax levies overcoming the
limitations of VAT and creating eficiencies in tax administration To put it straight GST is not simply VAT plus Service
Tax but a major improvement over existing system of VAT and disjointed Service Tax ushering in the possibility of a
collective gain for industries trade and common consumers as well as for the Central and State Governments
Major Acts subsumed under GST are Excise State VAT laws Service Tax Octroi Entry tax etc
GSTndashAFlashback
In July 2000 the Government of India had set up an empowered Committee of some of the State Finance Taxation
Ministers as members with the objectives of implementation of a uniform loor rate of sale tax by States and UTs phasing
out of Sales Tax based incentive scheme to decide milestones and methods of states to switch over to VAT and to monitor
reforms in the Central Sales Tax system existing in the CountryThe Honble Union Finance Minister in the Central budget
for the year 2007-08 announced that GST would be introduced with effect from 01042010 This was based on the
recommendations of The Kelkar Task Force on indirect taxes However the deadline of April 2010 could not be met
because of the intricacies involved in the GST regime including amendment to the Constitution to give concurrent taxing
powers to the Union and State Governments
A non-Government not for proit private limited company was incorporated in the name of Goods and Services Tax
Network (GSTN) as special purpose vehicle to provide IT infrastructure and services to all the stakeholders including
Governments for implementation of GST The Constitution Amendment Bill introduced in the Lok Sabha in December
2014 was passed in May 2015 which was referred to Select Committee of Rajya Sabha The Bill was passed in August
2016 The Bill was adopted by majority of State legislatures The Bill got the assent of Honble President of India on th8 September 2016 Subsequently in April 2017 four Bills were passed by the Parliament on GST to give effect to the
stproposed system of indirect taxation The Acts came into effect from 1 July 2017
ICSI-NIRC Newsletter I July 2021 44
ARTICLE
GST-RatesandReturns
There are three types of taxes applicable under the GST regime viz CGST collected by the Central Governments on intra-
state sale SGST collected by State Governments on intra-state sale and IGST collected by the Central Government for
inter state sale GST is divided into ive different tax slabs ndash 0 5 12 18 and 28 Petroleum products alcoholic
drinks and electricity are not taxed under GST and continued to be taxed separately by the State Governments as before
In addition a Cess over and above 28 is applied on few luxury items Pre-GST tax rate for most goods was about 265
Post GST most goods fall in 18 bracket of tax rate
The Central Government in July 2017 introduced three returns for GST ie
middot GSTR-1 related to outward supply
middot GSTR-2 related to inward supply
middot GSTR-3 consolidated return including details of GSTR-1 amp 2
With a view to simplify compliances the Government scrapped GSTR-2 and 3 and introduced GSTR-3B which contains
details of inward outward supplies As a result presently only 2 returns viz GSTR-1 and GSTR-3B are iled The returns th th
are to be iled on 10 20 of the following month of GST liability
Regular taxpayers with an annual turnover of upto Rs5 crore are given an option to either pay tax and ile both GSTR-1
and GSTR-3B returns on quarterly basis or to avail an Invoice Furnishing Facility (IFF) under QRMP Scheme ie ile
GSTR-3B on quarterly basis and pay tax and ile IFF every month Taxpayers with an annual turnover of more than Rs 5
crore have to mandatorily ile both returns and pay tax on monthly basis
Further every GST registered taxable person whose turnover during a inancial year exceeds Rs 2 crore has to ile GSTR-st9 till 31 December of the next Financial Year
E-invoicingunderGST
GST was a new concept to the citizens and even to the Government itself The idea behind the introduction of GST
became successful in subsuming various indirect taxes and ease of compliance burden but it also opened gates for new
kinds of frauds by inding loopholes in the system and misusing the opportunities extended by the Government to its
citizens for their economic prosperity Tax leakage and frauds using fake invoices became a taxing problem for the
Government to counter The concept of E-invoicing was introduced in 2020to put an end to such malpractices by
mandating authorisation of every invoice from the Government portal
Under E-invoicing all B2B and Export invoices need to be generated through the Government system ie the Invoice
Registration Portal (IRP) After uploading invoice on IRP an E-invoice is generated which containsa unique Invoice
Reference Number (IRN) and a digitally signed QR code Once an IRN is generated and invoice has been authenticated its
details are made available on the GST portal and EWB portal in real-time The E-invoice can be cancelled within 24 hrs of
generation
E-invoicing was initially applicable tothose businesses exceeding turnover of Rs 500 crore which wasscaled down to
Rs 100 crore within two months Presently from April 2021 it is mandatory for every business with a turnover of more
than Rs50 crores
Its implementation has beneited the Government in plugging the tax leakage It also bridges the gaps in reconciliation
of mismatch invoices faster availability of genuine Input Tax Credit and lesser possibility of intervention by tax
authorities
ICSI-NIRC Newsletter I July 2021 45
ARTICLE
ReverseChargeMechanism
Reverse charge means the liability to pay tax is on the recipient of goods or services instead of the supplier of such goods
or services in respect of notiied categories of supply of goods of services Normally the supplier of goods or services
pays the tax on supply In the case of reverse charge the receiver becomes liable to pay tax ie the chargeability gets
reversed The person who is receiving goods or services pays GST to the Government on behalf of the person who
provides such goods or services and in turn can claim Input Tax Credit if the goods or services received are not in
negative list
ElectronicWayBill
For intra-state interstate movement of goods e-way bill system has been introduced E-way bill is required to be
generated before the commencement of movement of goods only where the value of the consignment exceeds
Rs50000 The time period for the recipient to communicate his acceptance or rejection of the consignment would be
the validity period of the concerned e-way bill or 72 hours whichever is earlier E-way bill is valid for one day up to 100
km and additional one day for every 100 km or part thereafter Form GST EWB ndash 01 is an e-way bill form It contains ldquoPart
Ardquo ie details of goods and ldquoPart Brdquo ie details of vehicle Movement of goods from the place of consigner to the place of
transporter up to a distance of 50 km does not require illing of Part B of the e-way bill The Supplier has to generate Part
A of the e-way bill Implementation of the nation wide E-Way Bill mechanism under GST regime is being done by GSTN in
association with NIC on the portal viz hpsewaybillgstgovin
GSTndashaWorkinProgress
GST one of the steps towards digitisation proved to be a revolutionary tax system for India It has boosted the economy
of the Country by eliminating the drawbacks of the VAT System automation system of tax calculation and enabling
online payment of tax and iling returns which has resulted in the growth of the revenue collection of the Government
Transporting goods from one state to another has become a smoother affair with GST replacing a messy basket of
Central Municipal and State levies Though 4 years have passed since the introduction of the GST regime hiccups and
bottlenecks continue to crop up This could be narrowed down by simplifying rules and procedures GST still being a
work-in progress needs to go a long way to achieve the objective of ldquoOne Nation One Taxrdquo concept
RecognitionofCompanySecretaryunderGoodsandServiceTax
Company Secretaries as competent professionals in the area of Indirect Taxes can get hold of plethora of opportunities
under the Goods and Services Tax Company Secretaries could act as a crucial link to bridge the knowledge gap leading
to fair and voluntary compliance of law and rightful discharge of tax liability by assesses As the gamut of Indirect Tax
expands an ocean of opportunities are being unfolded in front of us The Act itself in Section 48 reads with Rule 83 of the
Central Goods and Services Tax Rules 2017 provides that any person who has passed the Final Examination of the
Institute of Company Secretaries of India (ICSI) is eligible for enrolment as a Goods amp Services Tax Practitioner Such a
person can apply in Form GST PCT-01 on the common portal either directly or through a Facilitation Centre notiied by
the Commissioner for enrolment for registration Further Under Section 116 of Central Goods amp Services Tax Act 2017
read with Rule 84 of the said Rules a Company Secretary is entitled to appear before an oficer appointed under this Act
or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act Apart from this
Company Secretories a responsible oficer in most of the companies get entrusted with responsibilities under GST
ambit and paves the way for strategic thinking for the business development They are well connected with all the
segments right from strategy marketing compliances administration and so on This diversiication of areas of
responsibility will open up more opportunities of career growth for Company Secretaries even to reach at the top
management level
ICSI-NIRC Newsletter I July 2021 46
Goods and Service Tax is an Indirect Tax which has replaced many indirect taxes in India such as the Excise Duty Vat th st
Services Tax etc The Goods and Service Tax was passed in the Parliament on 29 March 2017 and came into effect on 1
July 2017Goods and Service Tax is levied on the supply of Goods and services Goods and Services Tax Law in India is a
comprehensive multi-stage destination-based tax that is levied on everyvaluableadditionGST is a single domestic
indirect tax law for the entire nation The structure of indirect levy in India before the arrival of GST was
ARTICLE
ICSI-NIRC Newsletter I July 2021 47
GOODS AND SERVICES TAX (GST)what is gst in india
CS Ashvini Mohan Dhuri ACS
ashwinidhuri10gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
Under the GST Regime the tax is levied at every point of sale In the case of intra-state sales central GST and State GST are
charged All the inter-state sales are chargeable to the Integrated GST
AMulti-Stage
middot An item goes through multiple change of hands along its supply chain starting from Manufacture until the Final
sale to the customer like the following
- Purchase of raw materials
- Production or manufacture
- Warehousing of inished goods
- Selling to wholesalers
- Sale of the product to the retailers
- Selling to the end consumers
- The Goods and Services Tax is levied on each of these stages making it a Multi- Stage Tax
ARTICLE
BValueAddition(VA)
ICSI-NIRC Newsletter I July 2021 48
bull A manufacturer who makes biscuits buys lour sugar and other material The value of the inputs increases
when the sugar and lour are mixed and baked into biscuits
bull The manufacturer then sells these biscuits to the warehousing agent who packs large quantities of biscuits in
cartons and labels it This is another addition of value to the biscuits After this the warehousing agent sells it to
the retailer
bull The retailer packages the biscuits in smaller quantities and invests in the marketing of the biscuits thus
increasing its value GST is levied on these value additions ie The monetary value added at each stage to
achieve the inal sale to the end customer
CDestination-Based
Consider goods manufactured in Maharashtra and sold to the inal consumer in Karnataka Since the goods and Service
Tax is levied at the point of consumption the entire tax revenue will go to Karnataka and not Maharashtra
JourneyofGSTinIndia
The GST journey began in the year 2000 when a committee was set up to draft law It took 17 long years from then for the
law to come into existence In 2017 the GST Bill was passed in the Lok Sabha and Rajya Sabha On 1stJuly 2017 the GST
Law came into force
AdvancesofGST
bull Removal of Cascading effect
bull Higher Threshold for GST registration
bull Composition scheme for all small businesses
bull Simpler online facilities for GST compliance
bull Relatively lesser compliances under GST
bull Deined treatment for E-Commerce activities
bull Increased eficiency in logistics
bull Regulating the unorganized sectors
ComponentsofGST
bull CGST CGST is a tax levied on Intra State supplies of both goods and services by the Central Government and will be
governed by the CGST Act
bull SGST SGST is a tax levied on Intra State supplies of both goods and services by the State Government and will be
governed by the SGST Act
bull IGST IGST is a tax levied on all Inter-State supplies of goods andor services and will be governed by the IGST
ARTICLE
Illustration
Let us assume that a dealer in Gujarat had sold the goods to a dealer in Punjab worth Rs 50000 The tax rate is 18
comprising of only IGST Here the dealer has to charge IGST of Rs 9000 This revenue shall go to the Central Government
The same dealer of Gujarat sells goods to a consumer in Gujarat worth Rs 50000The GST rate on goods is 12 This rate
comprises CGST at 6 and SGST at 6The dealer has to collect Rs6000 as Goods and Service Tax Rs 3000 will go to the
Central Government and Rs3000 will go to the Gujarat Government since the sale is within the State
TaxLawsbeforeGST
In the earlier indirect tax regime there were many indirect taxes levied by both the state and the centre States mainly
collected taxes in the form of Value Added Tax (VAT) Every state had a different set of rules and regulations Inter-state
sale of goods was taxed by the centre CST (Central State Tax) was applicable in case of inter-state sale of goods The
indirect taxes such as the entertainment tax octroi and local tax were levied together by state and centre These led to a
lot of overlapping of taxes levied by both the state and the centre For example when goods were manufactured and sold
excise duty was charged by the centre Over and above the excise duty VAT was also charged by the state It led to a tax on
tax effect also known as the cascading effect of taxes The following is the list of indirect taxes in the pre-GST regime
middot Central Excise Duty
middot Duties of Excise
middot Additional Duties of Excise
middot Additional Duties of Customs
middot Special Additional Duty of Customs
middot Cess
middot State VAT
middot Central Sales Tax
middot Purchase Tax
middot Luxury Tax
middot Entertainment Tax
middot Entry Tax
middot Taxes on advertisements
middot Taxes on lotteries betting and gambling
CGST SGST and IGST have replaced all the above taxes
ICSI-NIRC Newsletter I July 2021 49
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST+ SGST VAT + Central
Excise Service Tax
Revenue to be shared equally between Centre and the
State
Sale to another State IGST Central Sales Tax +
excise Service Tax
There will be only one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
ARTICLE
HowhasGSThelpedinPriceReduction
During the pre-GST regime every purchaser including the inal consumer paid tax on tax This condition of tax on tax is
known as the cascading effect of taxesGST has removed the cascading effect Tax is calculated only on the value-addition
at each stage of the transfer of ownership The indirect tax system under GST will integrate the country with a uniform
tax rate It will improve the collection of taxes as well as boost the development of the Indian economy by removing the
indirect tax barriers between states
Illustration
Based on the above example of the biscuit manufacturer lets take some actual igures to see what happens to the cost of
goods and the taxes by comparing the earlier GST regimes
Taxcalculationsinearlierregime
ICSI-NIRC Newsletter I July 2021 50
Action Cost(Rs) Taxrateat10(Rs) InvoiceTotal(Rs)
Manufacturer 1000 100 1100
Warehouse adds a label and
repacks at Rs300
1400 140 1540
Retailer advertises at Rs 500 2040 204 2244
Total 1800 444 2244
The tax liability was passed on at every stage of the transaction and the inal liability comes to a rest with the customer
This condition is known as the cascading effect of taxes and the value of the item keeps increasing every time this
happens
Taxcalculationsincurrentregime
Action Cost(Rs) Taxrateat10(Rs)
Taxliabilitytobedeposited(Rs)
InvoiceTotal(Rs)
Manufacturer 1000 100 100 1100
Warehouse adds a label and
repacks at Rs300
1300 130 30 1430
Retailer advertises at Rs 500 1800 180 50 1980
Total 1800 180 1980
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
ARTICLE
WhataretheNewCompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
1E-WayBills
GST introduced a centralized system of waybills by the introduction of ldquoE-way billsrdquo This system was launched on 1st
April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of goods in a staggered
manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods transported
from the place of its origin to its destination on a common portal with ease Tax authorities are also beneited as this
system has reduced time at check -posts and helps reduce tax evasion
2E-invoicing
The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual aggregate turnover of
more than Rs500 crores in any preceding inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100 crores These businesses must obtain a
unique invoice reference number for every business-to-business invoice by uploading on the GSTNs invoice
registration portal The portal veriies the correctness and genuineness of the invoice Thereafter it authorizes using the
digital signature along with a QR code E-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to the GST portal and the e-way bill portal It
will therefore eliminate the requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way
bills too
3ChangeinRegistrationLimit
Increase in GST registration limit from Rs 20 lakhs up to Rs 40 lakhs for suppliers of goods Changes in the existing
composition scheme made by increasing the turnover limit to join the scheme up to Rs 15 crores tax payments to be
made quarterly and returns to be iled annually starting 1st April 2019
4Variousotheramendments
43rd GST Council meeting will take place on 28th May 2021 (Friday) at 11 AM via video conferencing and will be
chaired by Union FM Nirmala Sitharaman
middot Section 16 amended to allow taxpayers claim of input tax credit based on GSTR-2A and 2B Henceforth ITC on
invoices and debit notes may be availed only when the details of such invoice or debit note have been furnished
by the supplier in the statement of outward supplies and such details have been communicated to the recipient
of such invoice or debit note
middot Section 50 of the CGST Act is being amended to provide for a retrospective charge of interest on net cash liability
with effect from 1st July 2017
middot With respect to orders received on detention and seizure of goods and conveyance 25 of penalty needs to be
paid for making an application for appeals under section 107 of the CGST Act Date of applicability is yet to be
notiied
ICSI-NIRC Newsletter I July 2021 51
ARTICLE
middot GST audit requirement by speciic professionals such as CAs and CMAs has been removed from the GST law
Section 35 and 44 has been amended in this regard As per the amendment only GSTR-9 annual returns on a self-
certiication basis need to be iled on the GST portal by taxpayers completely removing the requirement for
GSTR-9C ie the reconciliation statement However the inancial year and date of applicability are yet to be
clariied by the government
middot Section 7 of the CGST Act was amended to include a new clause under the deinition of supply Activities or
transactions involving the supply of goods or services by any person other than an individual to its members or
constituents or vice-versa for cash deferred payment or other valuable consideration falls under supply and
will be liable to tax Earlier this supply would have been considered as only supply of goods under schedule II So
the scope is expanded now for levy
middot Seizure and coniscation of goods and conveyances in transit are now made a separate proceeding from the
recovery of tax from Section 74
middot Self-assessed tax referred to under section 75 of the CGST Act shall also cover the outward suppliessales as
reported in the GSTR-1 under Section 37 of the CGST Act but which has been missed out while reporting in the
GSTR-3B under Section 39
middot The provisional attachment shall remain valid for the entire period starting from the initiation of any proceeding
till the expiry of a period of one year from the date of order made there under
middot Section 129 is delinked from Section 130 Accordingly proceedings relating to detention seizure and release of
goods and conveyances in transit will be separate from the levy of penalty for the coniscation of goods and
conveyance
middot The Jurisdictional Commissioner can now call for information from any person relating to any matter dealt with
in connection with the Act under Section 151 together with section 168 Further section 152 is amended to
provide an opportunity of being heard before using information obtained under Sections 150 or 151 of the Act
middot The IGST Act was also amended in Section 16 that deines a zero-rated supply Three amendments were made ndash
(1) To state that supply to SEZ units developers will be zero-rated only if it is authorized operations (2) Only
notiied persons or supplies of goodsservices can avail the status of zero-rated when IGST is paid (3) Foreign
exchange remittance will be linked in case of export of goods with the refund
ICSI-NIRC Newsletter I July 2021 52
ThePerspectivest thOn 1 July 2021 our beloved and most controversial Goods and Service tax Act will be celebrating its 4 Birthday The 3
Major Motive for introducing GST were One nation One Tax Ease of compliances and Seamless Flow of credit to
eliminate the cascading effect of the Taxes In these 4 years GST has undergone more than 900 amendments through
Notiications Circulars and Press Release There has been Chronic Tinkering and twisting of the provisions and as a
result of that the provisions which are currently in force are completely different from the one which were introduced in
the beginning
WhatisGST
Goods and Services Tax is levied on the manufacturing and sales of goods and services across the country The tax is
charged at every stage of the manufacturing process GST is applicable for both the customer and the manufacturer It is a
destination-based tax This means that GST is to be collected at the point of consumption So if a product is
manufactured in Bihar and is sold in Bhopal the tax will be levied in Bhopal Moreover at every stage of the
manufacturing process where value is added to the product GST is collected
Introduced as one of the biggest economic reforms by the BJP-led Modi government the GST kicked off with the promise
to streamline taxation and compliance burden Experts also claimed that in many ways it has streamlined the process
ldquoBased on the one nation one tax ideology GST has helped in reducing the cascading effect of tax considerably Also
multiplicity of compliances under various indirect taxes has been reduced Hence introduction of GST in India has
brought in eficiencies in indirect tax compliance incidence and reduced the number of indirect tax authorities that a
taxpayer needed to interact with
EffectofGSTontheIndianeconomy
In a few months Goods and Services Tax law in India will celebrate its fourth birthday This could be a good time to raise
the question whether GST has been a success in India Responses to this question normally swing between two extremes
- the government and the tax department would say that GST has been an unqualiied success while the taxpayer who
has struggled to cope with the rapid changes in the law would say that GST has been a disaster As is normally the case
with such extremities the truth lies in the middle GST has its good points and its poor points with the latter winning
over the former Had the implementation been more smooth the poor points would have been overshadowed by the
good parts of GST
The introduction of GST has helped merge the taxes of the state and central governments This has helped remove the
cascading effect of multiple taxes Therefore the burden of taxes has reduced for companies and customers Not just this
taxpayers have increased in number and hence the tax revenues have also increased signiicantly Over the last year or
so two developments in GST should be considered to be huge positives
ARTICLE
ICSI-NIRC Newsletter I July 2021 53
GST ndash Impact Issuesand Suggestions
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS (Dr) S K Gupta FCS
cbstskguptagmailcom
ARTICLE
The concept of e-invoicing has been introduced in stages ndash this is a step that would ensure greater transparency in
supplier-receiver transactions which results in proper availment and utilization of input tax credit Simultaneously the
government appears to have announced a war to ight the menace of fake invoicing which was taking away a substantial
portion of GST revenues
The implementation of GST has signiicantly affected the Indian economy in the following ways
middot SimpliicationofthetaxstructureGST has simpliied the taxation system of the country As GST is a single tax
calculating taxes at the multiple stages of the supply chain has become easier Through this both customers and
manufacturers get a clear idea of the amount of tax they are charged and its basis Further hassles of handling tax
oficials and authorities can also be avoided
middot FosteringproductionAs per the Indian retail industry the total tax component is around 30 of the product
cost Due to the impact of GST the taxes have gone down So the end consumer has to pay lesser taxes The
reduced burden of taxes has enhanced the production and growth of the retail and other industries
middot SMEsupport Small and medium enterprises can now register under the Composition Scheme introduced by
GST Through this scheme they pay taxes according to their annual turnover Therefore businesses having an
annual turnover of Rs 15 crores only have to pay 1 GST Moreover other enterprises having a turnover of Rs
50 lakh are required to pay 6 as GST
middot EnhancedpanIndiaoperations Companies can now avoid taxation roadblocks such as toll plazas and check
posts Earlier these created problems including damage to unpreserved products while transporting them So
manufacturers had to keep buffer stock to make up for the damages These overhead costs of storing and
warehousing hampered their proit A single taxation system has reduced these problems They can now
transport their goods easily across India This has resulted in the improvement of their pan India operations
middot Increaseinexports GST has reduced the customs duty on exporting goods The cost of production in the local
markets has also decreased due to GST All these factors have increased the rate of exports in the country
Companies have become more competitive when it comes to expanding their businesses globally
middot Thegoods and services tax (GST)has ensured formalizationof the economy and improved mop-up
delivering seamless convergence under the one-nation one tax theme said industry champions unanimously
calling it an enabler of ease of doing business With uniformity of rates and elimination of multiple other indirect
taxes GST has cut out the cascading of levies widened the tax net and added to revenues
IssuesunderGST
middot Dificulty in claiming input tax credit and ever changing rules make compliance a cumbersome businessldquoInput
Tax Credit (ITC) is an area which has certain limitations that need to be addressed The GST regime sought to
have a seamless low of ITC however conditions for availing ITC being stringent many taxpayers lost out on ITC
middot Taxpayers are also complaining about the imposing an arbitrary monetary limit on availing input tax credit
through Rule 36(4) and mandating that a certain percentage of GST has to be paid in cash
middot The nationwide lockdown has intensiied the problem of revenue shortfall for states with the Centre not paying
up the dues on time Also with coffers drying up and with social and health spending going up states are growing
disenchanted with the system
middot The meetings of the GST Council are not as frequent as they were earlier if the recent incidents are anything to go
by and it often end up with disagreement ight and strong letters and statements
ICSI-NIRC Newsletter I July 2021 54
ARTICLE
middot The core theme of the one nation one tax slogan seems to be diluted with the introduction of state-level cesses
for example Kerala Flood cess at the rate of up to 1
middot Challenges for the exporters for smooth processing of GST refunds have been an area of concern while the
government has taken several initiatives for speedy processing of refunds the beneit is taking time to percolate
to corporates effectively
middot With the advent of GST various petitions seeking release of detained goods and hardships faced due to technical
glitches have been iled Moreover the constitutional validity of some of the GST provisions have been contested
before the courts It cannot be denied that AAR authorities have helped to clarify several controversial issues
However contradictory rulings on identical matters should be addressed soon
middot The announcement that a GST reconciliation statement need not be certiied by an auditor could have probably
waited for a couple of years more since the department would need some authentic database on what
components of the revenue statement would attract GST ndash a task best left to the auditor of the entity
middot We all know that in GST there will be the lot of litigations coming in near future and we all know the reason In
this 4 years GST has become more prone to litigation Even for simple revocation of cancellation of registration
after the prescribed days the taxpayer has to ile the appeal So we can presume the litigations that are going to
happen in near future
SuggestionsforimprovingeffectivenessofGST
middot There is an invariable need to put a halt on the changes in tax rates and decide the rate structure that is static for a
few years Adding on to that increasing the tax rates is not an ideal solution for grabbing more revenue especially
in the era of an economic slowdown In short there is a need for a simpliied tax structure of only three tax slabs
Either we need to merge 12 amp 18 or 5 amp 12 slabs into one
middot Some goods amp services like electricity real estate and petroleum are out of GST structure As they are out of GST
bracket the input tax credit beneits cannot be utilized by the segments involved in the process and so it is a loss
for them In addition these sectors are out of the indirect tax system at the mercy of state government Some
sectors such as oil and gas are demanding to be included in the GST Even experts suggest that the right way to
implement GST is to put all the sectors under the bracket of GST but it would take some time to implement the
required tweaks to the system
middot Exempt supplies must not form part of ldquoaggregate turnover‟ to determine threshold limit for taking registration
in GST It must be excluded from the Aggregate Turnover The threshold limit of 20 Lakhs more will be signiicant
for SMEMSME sector This will enable a small taxpayer having majorly exempt supplies with only a small
portion of taxable supplies to remain out of the net of GST
middot The current composition scheme is applicable only for manufacturers traders and restaurant service providers
In the GST amendments it has been proposed by the GST Council to enable registered manufacturers and
traders to opt for composition scheme us 10(1) of the CGST Act even if they supply services of value not
exceeding 10 of the turnover in the preceding FY in a StateUnion territory or Rs 5 lakhs whichever is higher
The beneit of composition scheme must be extended to other service providers by providing certain percentage
or ceiling for inter-state outward supplies of goods for the beneit of SMEMSME sector in true sense Presently
a person opting for composition scheme is not allowed to make any inter-state outward supply of goods which is
creating a bottle neck for small sector
ICSI-NIRC Newsletter I July 2021 55
ARTICLE
middot A suitable clariication is required with regard to the deinition of ldquoagent‟ under Section 2(5) (vii) of Section 24
of CGST Actas it covers only those persons who supply taxable goods on behalf of any other person ie
consignment agents Clarity on Compulsory Registration for ldquoagentsrdquo is only conined to consignment agents
Controversy whether the commission agents or brokers who merely facilitate a transaction between two parties
like procuring orders etc are also debarred from the beneit of threshold limits of registration ie Rs 20 Lac
middot As part of ICT the government should promote the usage of Point of Sales (PoS) machines which are closely
integrated with the Inventory Invoicing and GST Returns iling This will ease the reporting compliance as the
small traders are inding it dificult for tracking and maintaining inventory based on HSN codes Subsidy may be
given for procurement of such PoS machines so that it will increase the return iling ratio and also minimize the
digital transactions which has increased during the demonetization period but the same started falling and
reaching lower levels than the pre-demonetization period
middot IGST credit to be restricted only on import of raw materials - Manufacturers of India must be incentivized in
comparison to their position with traders of imported inished goods IGST credit on imports should be
restricted only to the manufacturer of imported raw materials Import of Finished goods must not be allowed
par beneit of credit of IGST to the trader of imported inished goods This will make the position of
manufacturers wiser and encouraging as compared to importers This will boost Make in India and promote
domestic manufacturers
middot Taking into consideration the rigorous procedure involved in Advance Ruling provisions iling of application on
behalf of association representing its members in a State may be permitted This will beneit small taxpayers not
being able to adopt this route for seeking certainty of their GST issues Such application can be accompanied
with list of all the members with their GSTIN on whom such ruling shall be applicable
middot If the MSME taxpayers pays the taxes promptly and also iles the returns in time there should be a certain
percentage of the amount of tax paid should be rewarded back This will prompt the taxpayers to be honest and
take the incentive This amount should be declared or given after the audit assessment so that undue beneit
will not be passed on the taxpayers Also region wise such taxpayers should be honored this will also motivate
others to pay taxes upfront
Conclusion
This is the third consecutive year India has made waves on the Doing Business ranking India improved on six of ten
parameters set by the World Bank as against eight last year becoming among top ten improvers for the second time in a
row This year alone India has moved up by a phenomenal 14 spots on the Doing Business Index a feat achieved by most
countries over a 20 year period Finance Minister Nirmala Sitharaman has spoken of the Governments keen interest in
improving rankings and keeping that goal in mind they are prepared to implement all sorts of reforms - especially under
GST and GST Compliance
ICSI-NIRC Newsletter I July 2021 56
stOn 1 July 2021 our beloved Goods and Service tax Act will be celebrating its 4th Birthday GST was introduced for 3
major purposes as One nation One tax ease of compliances and seamless low of credits to remove the cascading effects
of the taxes However in the last 4 years GST is reshaping itself by more than 900 amendments through Notiications
Circulars and Press release accordingly we can say it is changing day by day In this article author has discussed the topic
of ldquoE-way Bill under Goods and Services Tax (GST)rdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 57
E-way Bill under Goodsand Services Tax (GST)
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Sandeep Singh Chauhan ACS
sandy673711gmailcom
WhatisE-wayBill
E-way bill is an electronic permit or electronic generated document for movement of goods from one place to another
place which is to be generated on the E-way bill portal ie on wwwewaybillgstgovin
Earlier before the introduction of GST there was no concept of electronic way bill However the need to have check and
balances in the present has been felt necessary to discourage the parallel economy Introduction of E-way Bill in India
has been effected for inter-State movement of goods across the country from 1st April 2018 and on notiied dates by
respective State Government for intra state movements
WhenshouldE-wayBillbegenerated
If the value of goods of consignment is more than Rs 50000- except for certain speciied goods meant for Job work
goods meant for export with Customs seal from factory to Port airport ICD imported goods goods sent on approval
basis exhibition or fairs purposes removal for testing removal from factory to weighbridge for weighment of goods
and back to factory up to 20 kms inward supply from unregistered person SKD CKD Sales return For own use and
exempted goods
ARTICLE
ICSI-NIRC Newsletter I July 2021 58
Accordingly E-way Bill shall mandatorily generated on the common portal for all types of movements if the value of
goods exceeds more than Rs 50000- however E-way Bill needs to be generated mandatory even if the value of
consignment of goods is less than Rs 50000 where ndash
1 Movement of goods in inter-state by principal to the Job-worker
2 Handicraft goods are transported from one State or Union territory to another State or Union territory by a
person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of
section 24 of the CGST Act
Here the term Consignment Value means value determined as per section 15 of the CGST Act as mentioned on the
invoice bill of supply or delivery challan as the case may be including the applicable tax thereon However such
consignment value shall exclude the value of exempted supply where the invoice is issued in respect of both exempt and
taxable supply of goods (ldquoNotiicationNo122018rdquo)
WhoshouldgenerateE-wayBill
The primary responsibility to generate E-way Bill shall be of the registered person who causes the movement of goods
ie the consignor or the consignee as the case may be However if such consignor or consignee doesnt generate the
EWB it may be generated by transporter as well if authorized by the registered person In case of supply of goods by an
unregistered person to registered person the liability to generate EWB is on the recipient
As per revised Rule 138 (2) under Notiication No 122018 it has been provided that E-way Bill shall be required to be
generated in case the goods are transported by consignor or consignee in his own vehicle or in a hired one or a public
conveyance by road In such case the registered person causing the movement of goods may raise the EWB after
furnishing the vehicle no in Part B of FORM GST EWB ndash 01 if the value of goods being transported is more than
Rs50000-
Railway has been exempted from generation and carrying of e-way bill with the condition that without the production of
e-way bill railways will not deliver the goods to the recipient But railways are required to carry invoice or delivery
challan etc
ARTICLE
ICSI-NIRC Newsletter I July 2021 59
WhenE-wayBillisnotrequiredtobegenerated
In the following cases E-way Bill is not required to be generated
(i) The goods being transported are speciied in Annexure under Rule 138(14) of the Central Goods and Services Tax
Rules2017
(ii) The goods are being transported by a non-motorized conveyance
(iii) The goods are being transported from the port airport air cargo complex and land Customs Station to Inland
Container Depot or Container Freight Station ( for clearance by Customs)
(iv) The movement of goods within areas notiied under clause (d) of sub-rule (14) of the Goods and Services Tax Rules
of the Concerned State
(v) Goods ( other than de-oiled Cake) speciied in the Schedule appended to Notiication No22017-CT(Rate) dated
the 28th June2017 ie goods exempted from GST
(vi) Alcoholic liquor for human consumption petroleum crude high speed diesel motor spirit (commonly known as
petrol) natural gas or aviation turbine fuel
(vii) Goods which have been declared as no supply in Schedule III of CGST Act2017
(viii) Where the goods are being transported under Customs bond from an inland container depot or a container freight
station to a Customs port airport air cargo complex and land Customs station or from one Customs station or Customs
port to another Customs station or Customs port or under Customs supervision or under Customs seal
(ix) Where the goods being transported are transit cargo from or to Nepal or Bhutan
(x) Where the goods being transported are exempt from tax under Notiication No 72017-CT(Rate) dated 28th
June2017 as amended from time to time and Notiication No 262017-CT(Rate) dated the 21st September2017 as
amended from time to time
(xi) Any movement of goods caused by defence formation under Ministry of defence as a consignor or consignee
(xii) Where the consignor of goods is the Central Government Government of any State or a local authority for transport
of goods by rail
(xiii) Where empty cargo containers are being transported and
(xiv) Where the goods are being transported upto a distance of twenty kilometers from the place of business of the
consignor to a weighbridge for weighment or from the weighbridge back to the place of business of the said consignor
subject to condition that the movement of goods is accompanied by a delivery challan issued in accordance with Rule 55
BlockingandUnblockingofE-wayBill
middot E-way bill generation is blocked for taxpayers who have not iled their returns for the previous two consecutive
monthsquarters
middot Thus if a taxpayer has not iled GSTR-3B for two or more consecutive months then heshe cannot generate e-
way bills to do dispatches and receive goods resulting in a standstill
middot Only when a taxpayer iles GSTR-3B the e-way bills will get unblocked on the next day
middot The system of e-way bill clocking was implemented from the 2nd of December 2019
ARTICLE
ICSI-NIRC Newsletter I July 2021 60
Forexample if a taxpayer has not iled his GSTR-3B for April 2021 and May 2021 then his GSTIN will get blocked in the
e-way bill portal from June The main intention of the government is to track down the non-ilers of GST returns and
make them compliant
WhatifE-wayisnotgenerated
If the suppliers or transporters are not generating the e-way bills the same will be considered as contravention of
statutory provisions of GST law
As per Section 122 (xiv) of the CGST Act 2019 a taxable person who transports any taxable goods without the cover of
speciied documents E-way bill shall be liable to pay a penalty of Rs 10000- or an amount equivalent to the tax
evaded
As per section 129 of CGST Act2017 where any person transports any goods or stores any goods while they are in
transit in contravention of the provisions of this Act or the rules made thereunder all such goods and conveyance used as
a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to
detention or seizure to recover applicable tax and penalty from the person transporting goods and the owner of the
goods
SomeoftheimportantjudicialpronouncementonE-wayBill
SNo CaseName IssueampSummary
1 Ms KB Enterprises Vs Asst
Commissioner State Taxes amp
Excise-2019(12) TMI 1089-
GSTAA-HP
Section 129 proceeding cannot be initiated for Minor mistake(s) in e-
way bill- The minor mistakes in Part-B of the e-way bill (error in one or
two digitscharacters of the vehicle number) will not invite detention
order and only penalty of Rs 1000- (CGST- Rs 500- amp SGST-Rs 500-)
will become due to payable
2 Godrej Consumer Products Ltd
Vs ACSTampE-Cum- GIBHP
G o d re j C o n s u m e r 1 1 - 0 2 -
2020HC-67
Typographic error in entering distance in E-way bill is minor
mistake-Due to a typographic error while generating E-way bill the
petitioner mentioned approx distance between Puducherry to Himachal
Pradesh as 20 Kilometers instead of 2000 Kilometers As a result a
validity of one day has been calculated by the E-way bill portal instead of
twenty days and the E-way bill subsequently got expired on the very next
day The consignment was intercepted on dated 15th Sep 2018 and
thereby a taxpenalty has been imposed under section 129 of
HPGSTCGST Act 2019 for contravention of Rule 138 However it was
held by the Honble HC that typographic error may be treated as a minor
one and in such case if the demand and penalty have been levied by the
proper oficer us 129 the same need to be refunded to the supplier
ARTICLE
ICSI-NIRC Newsletter I July 2021 61
3 Hindon Machinery Tools Vs
State of UP- 2019 (22) GSTL 4
(All)
ReleaseoftheseizedgoodsforwritingwrongTaxInvoiceNoonE-
way Bill- Incorrectly mentioning the number of tax invoices as tax
invoice number on E-way Bill- Prima facie there seems no discrepancy in
E-way Bill attracting seizure of goods Goods directed to be released
without insisting for a deposit of any amount and furnishing security as
GST already paid on goods
4 Daily Fresh Fruits India Private
Limited v Commissioner SGST
2020-VIL-115- KER
Detentionofgoodsonthegroundofwrongclassiicationofgoods-
The High Court quashed detention order on the ground that this was a
bona-ide case of dispute in the classiication of goods and directed
release of goods
5 Commercial Steel Company v
Assistant Commissioner of State
Tax 2020-VIL- 116-TEL
Goodscannotbedetainedjustbecausedriverhastakenadifferent
route-The High Court observed that vehicle was found at another place
does not automatically lead to any presumption that there was an
intention of evasion of tax
6 Kun Motor Co Pvt Ltd Versus
Assistant State Tax Oficer
Kerala State GST Department
Thiruvananthapuram- 2019
(21) GSTL 3 (Ker)
Incidence of Tax is on Supply andnot onnature of transport-A
person from Trivandrum goes to Pondicherry purchases a car and
entrusts it to the car dealer to transport it to Trivandrum On the way in
Kerala the oficials under the GST Act intercept the vehicle and detain
the goods for no e-way bill accompanies the consignment The High
Court held that detention of car was illegal
The 43rd GST council meeting was held on 28th May 2021 The GST Council has met after more than six months The
meetings were chaired by Finance Minister Smt Nirmala Sitharaman Union Minister of State for Finance and Corporate
Affairs Shri Anurag Thakur was also present at the meeting besides the Finance Ministers of the states and union
territories (UTs) and other senior oficers of both the Ministry of Finance and the States and UTs
rdImportantMeasurestakeninGSTinthe43 CouncilMeetingforfacilitationreliefto
taxpayers
1AnnualReturnrelatedmeasures
middot Amendment in section 35 and 44 of CGST Act 2017 has been made through Finance Act 2021 to provide for self-
certiication of reconciliation statement in FORM GSTR-9C instead of previous requirement of certiication of
such statement by a Chartered Accountant Cost Accountant The said amendment would be notiiedwith
effectfrom01082021
middot This amendment will be applicable for the Annual return for the FY2020-21
middot The formatof GSTR-9 and GSTR-9C forms for FY 2020-21 would be same as for FY 2019-20 except for some
minimal changes to give effect to the said amendment
middot Requirement of furnishing annual return in FORMGSTR-99A for FY 2020-21 has been continued to be
optional for the taxpayers with annual turnover uptoRs2crores
middot Requirement of furnishing reconciliation statement in FORMGSTR-9Cfor FY 2020-21 will also continue to be
waived for the taxpayers with annual turnover uptoRs5crores
2AmnestySchemetoproviderelieftotaxpayersregardinglatefeeforpendingreturns
middot To provide relief to the taxpayers especially smaller taxpayers from high amount of late fee on pending returns
a latefeeamnestyscheme has been brought out in respect of pending returns in FORMGSTR-3B for the tax
periods from July2017toApril2021
middot Latefeehasbeenreduced waived conditionally in respect of such pending returns in FORMGSTR3B for the
tax periods from July2017toApril2021as under -
a Late fee capped to a maximum of Rs500-(Rs 250- each for CGST amp SGST) per return for taxpayers who did
nothaveanytaxliabilityfor the said tax periods
b Late fee capped to a maximum of Rs1000-(Rs 500- each for CGST amp SGST) per return for other taxpayers
c The reduced rate of late fee would be conditional and apply only if GSTR-3B returns for these tax periods are
furnished during the period between01062021to31082021
ARTICLE
ICSI-NIRC Newsletter I July 2021 62
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
Goods andServices Tax
ARTICLE
ICSI-NIRC Newsletter I July 2021 63
3Rationalizationoflatefeeimposedundersection47oftheCGSTAct
Late fee structure under section 47 has been rationalized for prospective tax periods to give relief to smaller taxpayers
from burden of higher late fee by linking the maximum late fee with tax liability turnover of the taxpayer
middot The late fee for delay in furnishing of FORMGSTR-3BandFORMGSTR1 has been capped as below for tax
periods June 2021 QE June 2021 onward
middot Fortaxpayershavingniltaxliability in GSTR-3B or nil outward supplies in GSTR-1 the late fee has been
capped at Rs500perreturn
middot Forothertaxpayers
a) For taxpayers having Annual Aggregate Turnover (AATO) in preceding year upto Rs 15 crore late fee has
been capped to a maximum of Rs2000perreturn
b) For taxpayers having AATO in preceding year between Rs 15 crore to Rs 5 crore late fee has been capped to a
maximum of Rs5000perretrun
c) For taxpayers having AATO in preceding year above Rs 5 crores late fee has been capped to a maximum of Rs
10000perreturn
middot The late fee for delay in furnishing of FORM GSTR-4 by composition taxpayers has been capped to Rs 500 per
return if tax liability is nil in the return and Rs 2000 per return for others from FY 2021-22 onward
middot Late fee payable for delayed furnishing of FORM GSTR-7 has been reduced to Rs50- per day and has been
capped to a maximum of Rs 2000- per return for returns from the month of June 2021 onward
4Retrospectiveamendmentofsection50toprovideinterestpaymentonnetcashbasis
middot Section 112 of the Finance Act 2021 relating to retrospective amendment in section 50 of the CGST Act has been
brought into force from 01062021
middot Accordingly retrospective amendmenthas been made in Section 50of CGST Act 2017 with effect from
01072017 to provide for payment of interest on the delayed payment of tax on netcashbasis
middot This will facilitate the taxpayers and help in removing ambiguity and disputes regarding payment of interest on
gross tax basis or net cash basis
5COVIDReliefMeasuresinGSTth st st
Government has issued various notiications on 27 April 2021 1 May 2021 and 1 June 2021 providing a number of
relief measures for taxpayers in GST
sect ReductioninrateofinterestConcessional rates of interest in lieu of the normal rate of interest of 18 per
annum for delayed tax payments have been provided for the months of March April and May 2021
sect Waiverof late fee Late fee waived for speciied number of days in respect of returns in FORMGSTR-3B
furnished beyond the due date for tax periods March April and May 2021 due in the April May and June 2021
respectively
sect ExtensionofduedateofilingGSTR-1IFFGSTR-4andITC-04
sect Due date of iling FORMGSTR-1 and IFF for the month of April 2021 and May 2021 has been extended by 15
days
sect Due date of iling FORMGSTR-4 for FY 2020-21 has been extended from 30th April 2021 to 31st July 2021
sect Due date of furnishing FORMITC-04 for Jan-March 2021 quarter has been extended from 25th April 2021 to
30th June 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 64
sect Extensioninstatutorytimelimitsundersection168AoftheCGSTAct Time limit for completion of various
actions by any authority or by any person under the GST Act which falls during the period from 15th April 2021 to
th th29 June 2021 has been extended upto 30 June 2021 subject to some exceptions as speciied in the notiication
sect Otherrelaxations
bull RelaxationinaailmentofITC Rule 36(4) ie 105 cap on availment of ITC in FORMGSTR-3B to be applicable
on cumulativebasisfor period AprilMayandJune2021to be applied in the return for tax period June 2021
Otherwise rule 36(4) is applicable for each tax period
bull The iling of GSTR-3B and GSTR-1IFF by companiesusing electronic veriication code (EVC) instead of Digital
Signature Certiicate (DSC) has been enabled for the period from the 27042021to31082021
6Refundrelatedmeasures
bullFacilityforwithdrawaloftherefundclaims
bull A new form RFD-01W has been provided for iling application of withdrawal of a refund claim by
amendment in Rule 90 of CGST Rules
bull It will help the taxpayers who have iled the refund application by mistake or for wrong period or have
made any mistake omission in the refund claim to withdraw the refund application rather than to ile
appeal once the refund claim is rejected
bullExclusionoftimetakenforissuanceofdeiciencymemoforcalculatinglimitationperiodforilingafresh
refundapplicationafterremovingdeiciencies
bull Rule 90 of CGST Rules amended to exclude the time taken by tax oficer in issuing deiciency memo in
FORM RFD-03 for purpose of calculating time for iling fresh refund claim after removal of deiciencies
bull This will help taxpayers in iling such fresh refund claims after removing deiciencies without getting
time barred due to time taken for issuance of deiciencies by the tax oficers
7RelaxationsinprovisionsofblockingofE-waybills
bull Rule 138E of CGST Rules 2017 amended to provide for restriction on generation of e-way bill only in respect of
outwardmovementof goods of a registered person who has defaulted in furnishing returns for 2 months or 2
consecutive tax periods
bull Prior to this amendment the supplier was not able to generate e-way bill for supply of goods to the defaulting
recipient though there may not have been any default on the part of the supplier himself
bull Withthisamendmentissuanceofe-waybillbythecompliantsupplierwillnotbeblockedin respect of
supply made to recipient including a recipient who has defaulted in furnishing two consecutive returns This
wouldensurethatbusinessofcompliantsuppliersarenotadverselyaffected
ARTICLE
ICSI-NIRC Newsletter I July 2021 65
8FacilitiesonPortalforeasingtheprocessofilingofreturns
bull Auto-draftedstaticinputtaxcreditstatementinFORMGSTR-2B
bull This facility has been made available on the portal for monthly tax payers since August 2020
bull This facilitates the taxpayers in determining and self-assessing their available input tax credit and thus
substantially reducing time taken to ile their returns
bull Auto-populationofGSTR-3Breturn
bull GSTR-3B returns are being auto-populated since December 2020 for monthly return ilers from the
details given by the taxpayers in their FORM GSTR-1 and from the details given by their suppliers in their
FORM GSTR-1
bull An editing facility is also provided to the taxpayers enabling them to make the corrections
amendments in the auto-populated return if required
bull ThesefacilitieshasnowbeenmadeavailablefortaxpayersunderQRMPschemealso
9MeasuresrelatedtoE-Invoicing
bull E-invoicing facility has been introduced for B2B supplies wef 01102020 for the taxpayers having annual
aggregate turnover of Rs 500 crores or more in any of the preceding inancial years
bull The threshold limit for generating e-invoice has been brought down to Rs 100 crores wef 01012021 and to Rs
50 crores wef 01042021
bull FORM GSTR-1 of the taxpayer is being auto-populated on the portal from e-invoice data Besides Part-A of e-way
bill is also auto-populated from the e-invoice data This helps in reducing time and cost for iling of GSTR-01 and
for generation of e-way bills
Introduction
As the world has become a global village and technology is playing the role of disrupter the corporates governments
and regulators constantly need to embrace changes thrown by these disruptions to ensure that aspirations of all
stakeholders are realized for growth and sustenance
It is an undisputed fact that pace of technology is very fast and one technological development annexes another one or
overshadows the same in certain cases But disruptions take place certainly and these disruptions bring their own sets
of opportunities and challenges
Emergingtechlandscapes
The recent buzzwords of technology are Machine Learning (ML) Artiicial Intelligence (AI) Internet of the Things (IoT)
and Automation They lessen human intervention enhance transparency and provide data analytics of highest accuracy
and eficiency for fostering eficient decisions making The regulatory domain does not remain untouched from these
technological revolutions Several compliance processes have become automat able audit activities are becoming more
technology oriented data extraction is on real-time basis and high-quality information is available for overall good
Impactoftechnologyoncompliance
So for the profession of company secretaryship the important point is ldquowhat is impact of technologyrdquo on compliance
domain Paradigm shifts are evolving as the transformations take place Areas such as automation of board processes
audits trails process and operational eficiency quality and economy have newer dimensions due to reshape of
technology At the same time new opportunities and challenges are emerging Let us examine them briely
Opportunities
Compliance and tech learning Traditional modes of compliances are undergoing drastic changes and new tools and
apps are playing havoc It is required that a Company Secretary whether in practice or employment should be tech-savvy
though being tech-savvy does not mean to become technology expert Generic knowledge and usage of applications and
functions will sufice and there is no need to acquire hardcore programming and development knowledge
Basic understanding and usage of technological aspects involved in compliance work will help company secretaries
validate compliance tasks with reinforced transparency and eficiency Technology helps in tracking the trails be they
compliance trail audit trail or any other important business function
ARTICLE
ICSI-NIRC Newsletter I July 2021 66
Technology inCompliance
The Game ChangerCS Ajay Kumar Sharma ACS
csajaysharmayahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
More importantly Governments are becoming very strict about trails and they are instructing technology solution
providers to architect systems in such a way so that complete track of transactions right from its origination till its
relection in ultimate system including all edits is possible
An understanding of compatibility between business requirements and technology solutions will open plethora of
opportunities for Company Secretaries
The bar is already rising From computer literacy it is now tech literacy The ICSI has a major role to play for this initiative
taking into consideration requirements and growth of all stakeholders
Challenges
Prevention of frauds Though technology is providing sophisticated business solutions cases of frauds with the
involvement of technology are on the rise As the impact of transactions may be over several geographies there may be
penalties and prosecutions from multiple regulators Section 447 of the Companies Act 2013 is extremely tough on
corporate frauds Deeper penetration of technology in business systems along with tough regulatory requirements
makes it imperative on the part of compliance oficers to take extra precautions International compliances such
Sarbanes Oxley Act 2002 put additional responsibilities for US companies working across several jurisdictions
The irst mantra of compliance eficiency is Evaluate document and do it right irst time
Conclusion
To sum up technology being the game changer this is going to be the era of ldquolearn unlearn and re-learnrdquo to cope with
technological disruption Exposure to different facets of compliance in technological environment will result in positive
enrichment of all stakeholders Let global society be the biggest winner
ARTICLE
ICSI-NIRC Newsletter I July 2021 67
JourneyofGSTinIndia
We can say that introduction of GST is a roller coaster ride The GST journey began in the year 2000 when a committee
was set up to draft law The PM Atal Bihari Vajpayee formed an Empowered Committee (EC) to create a structure for GST
based on their experience in designing State VAT
In 2004 A task force concludes GST must be implemented to improve current tax structure
In 2006 Finance Minister proposes GST introduction from April 1 2010 In 2007 CST phased out and rates reduced
from 4 to 3
In 2008 The inance minister conirmed that considerable progress was being made in the preparation of the roadmap
for GST The targeted timeline for the implementation was conirmed to be 1 April 2010 EC inalises dual GST structure
to have separate levy legislation
In 2010 Project to computerise commercial taxes launched but following this the implementation of GST was pushed
by one year
In 2011 Govt put forth the Constitution Amendment Bill for the introduction of GST
In 2012 The Standing Committee starts discussion over the bill but the opposition party raise concern over the clause
279B that offers additional powers to the Centre over the GST dispute authority
In 2013 Standing Committee tables its reports on GST The panel approves the regulation with few amendments to the
provisions for the tax structure and the mechanism of resolution
In 2014 The inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in the parliament
In 2015 The GST Bill passed in Lok Sabha but not in Rajya Sabha
In 2016 The Finance Ministry published the draft model law to public for their opinions and views Also amended
Model GST law passed in Rajya Sabha also
In 2017 Four Supplementary Bills passed in Lok Sabha and approved in Parliament and by President
1 Central CST Bill
2 Integrated GST Bill
3 Union Territory GST Bill
4 GST (Compensation to States) Bill
GST Council inalizes the GST Rates and GST Rules and inally GST law came into force from 1 July 2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 68
GST - One Countryone market one tax
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Meenakshi ACS
agarwalmeenakshi75gmailcom
IntroductionofGST
GST (Goods and Services Tax) is a destination based tax on consumption of goods and services It is a destination based
Tax and proposed to be levied at all stages right from manufacture up to inal consumption with credit of taxes ie ITC
(Input Tax Credit) paid at previous stages available as setoff GST has a dual aspect with the Centre and States
simultaneously levying on a common tax base
There are three main components of GST which are
1 CGST (Central GST) Taxes collected under CGST will constitute the revenues of the Central Government
2 SGST (State GST) A collection of SGST is the revenue of the State Government
3 IGST (Integrated GST) Revenue collected under IGST is divided between Central and State Government as per the
rates speciied by the Government IGST is charged on transfer of goods and services from one state to another Import of
goods and services are also covered under IGST
Image showing subsumed of various Central and State Taxes into GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 69
Beneits of GST Registration in Business
One of the most important beneit of the move is the mitigation of double taxation or the elimination of the cascading
effect of taxation
1MitigatingCascadingeffectofTax By subsuming most of the Central and State taxes into a single tax and
by allowing a set-off of prior-stage taxes for the transactions across the entire value chain it would mitigate
the ill effects of cascading improve competitiveness and improve liquidity of the businesses
ARTICLE
ICSI-NIRC Newsletter I July 2021 70
2TechnologydrivenTax GST is largely technology driven It will reduce the human interface to a great extent and this
would lead to speedy decisions
3 FindBuoyancy inGovernmentRevenue GST is expected to bring buoyancy to the Government Revenue by
widening the tax base and improving the taxpayer compliance The reform is also expected to improve the countrys
ranking so far as the Ease of Doing Business Index is concerned It is also estimated to enhance GDP growth by 15 to
2
4LesserCompliancesandeasytofollow It simpliied the Indirect tax regime After introduction of GST all tax payer
services such as registrations returns payments etc would be available to the taxpayers onlinewhich would make
compliance easy and transparent
5UniformityofTaxRatesandTaxationprocess all tax payer services such as registrations returns payments etc
would be available to the taxpayers online which would make compliance easy and transparent
6HigherrevenuegenerationThe possibility of tax evasion is minimised completely with GST coming into action
Also GST is expected to decrease the cost of collection of tax revenues of the Governmentand will therefore lead to
Higher revenue eficiency
GSTRegistration
Under GST regime Businesses whose turnover exceeds the threshold limit (Table given below) require to register
under GST It becomes mandatory for some businesses to register mandatorily as heavy penalties will attract if business
is carry on without GST registration
GSTRegThresholdLimit
th On 10 January 2019 In 32 GST Council Meeting changes in limits of GST registration was proposed which was further
approved by CBIC and new threshold limit of GST Registration come into existence which helps to ease compliance
under GST An option was provided to States to opt for the new limits or continue the earlier ones Here is the table
showing earlier threshold limits new limits and the effective date of applicability-
AggregateTurnover RegistrationRequired Applicability
Earlier limits- For Goods amp Services
Exceeding Rs 20 Lakh Yes ndash For Normal Category States Up to March 31 2019
Exceeding Rs 10 Lakh Yes ndash For Special Category States Up to March 31 2019
New Limits- For Goods
Exceeding Rs 40 Lakh Yes ndash For Normal Category States From April 1 2019
Exceeding Rs 20 Lakh Yes ndash For Special Category States From April 1 2019
New Limits- For providing Services ndash No Change- same as earlier
ARTICLE
ICSI-NIRC Newsletter I July 2021 71
PersonsliableforGSTRegistration
ChecklistofdocumentsrequiredforGSTregistration
1 PAN of the applicant
2 Copy of Aadhaar card
3 Proof of business registration or incorporation certiicate
4 Identity of address proof of promotersdirectors with photographs
5 Bank account statement cancelled cheque showing name address and a few transactions
6 Digital Signature of authorised signatory
7 Authorisation letter or Board resolution for authorised signatory
ARTICLE
ICSI-NIRC Newsletter I July 2021 72
GSTRegistrationAadhaarVeriication
Notiication issued by CBIC (Central Board of Indirect Tax and Customs) on March 23 2020 for GST Aadhaar
authentication from April 1 2020 For ease of doing business GST registration with Aadhaar veriication required by
thnew taxpayers ndash GST Council approved in its 39 meeting All Indian citizens can take this facility except tax deductors
retrieval services and tax collectors Govt dept PSUs Local authority and statutory authority also excluded from
Aadhaar authentication Due to pandemic physical veriication is risky So its easy to get online GST Aadhaar
veriication
ProcessofGSTregistrationAadhaarveriication
Applicant need to submit Aadhaar number along with application for registration under GST and then e -verify the same
on GST Portal using authentication link which is sent to Mobile Number and E-mail ID linked to Aadhaar Enter the OTP
sent on mobile number and email id and get e- validated
In conclusion GST has been a revolutionary tax system for India Most noteworthy many experts hail it as one of the
biggest tax reforms GST certainly is beneicial for the entire population of India
ARTICLE
ICSI-NIRC Newsletter I July 2021 73
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Dhiraj Kheriwal ACS
dhirajkheriwal5gmailcom
Indias Economy -Challenges
after Covid-19
COVID-19 pandemic is a signiicant shock to economies all around the world Even the major economies like the USA
have been badly mauled with unemployment rising and a cut in economic growth The Pandemic has caused a shock for
the Indian economy as well Consumption manufacturing exports capital lows the legs on which the Indian economy
had been growing have all been impacted adversely
India came out of lockdown about 2 months back with restrictions still in many parts of the country There is no magic
quick ix or shortcut to stimulate and restart demand in an economy which is the most important key to economic
revival next to vaccine becoming available This will take time patience and continuous effort Amidst this uncertainty
what will be key to revival is how people come out of their homes how people restart their lives how will it impact
demand organically and availability of capital when businesses are ready to kick start production to service demand
Potentialgrowthhasslowed-
Indias potential growth may have slowed down by over one percentage point due to the longer-than-expected
disruption caused by COVID-19 and a modest policy response so far UBS Securities said in a report
ldquoWe estimate Indias potential growth to have slowed to 6 (from 71 YoY estimated in 2017) due to longer-than-
expected disruption caused by the pandemic balance-sheet concerns faced by economic agents (especially the inancial
sector and households)rdquo ldquoThis implies dificult economic challenges for many years to comerdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 74
It said the biggest challenge before India would be its ability to create ample employment opportunities for the rising
working-age population
ldquoWe believe India needs to grow by at least 8 YoY annually just to absorb incremental labour force with a focus on
mobilisation of resources towards manufacturing and exportsrdquo
Climatechange-
Climate change threatens Indias attempts to improve its citizens standard of living More than 600 million Indians face
a cute water shortages Bangalore and New Delhi are two of the 21 cities that could deplete their groundwater in 2020 In
July 2019 the city of Chennai ran out of groundwater Over 200000 people die from contaminated water By 2030 40
of the population will have no access to drinking water
Most of Indias rainwater falls during the four-month monsoon season It isnt captured eficiently Climate change will
increase looding from these monsoons
IncreaseinEmployment
ARTICLE
ICSI-NIRC Newsletter I July 2021 75
The depth of the slowdown in the current inancial year means that a rebound is inevitable but unemployment could
hamper the recovery process The issue of migrant workers will have an impact on the economic growth and availability
of quality workers in the post-COVID-19 world will be a challenge
India should be wary of the challenges in smooth recovery in labour markets While GDP in India was growing
employment remained stagnant and if this trend continues its another problem Without a boost in employment
households incomes will be under strain consumer sentiments will be low and the economic recovery will be sluggish
Predominanceofagriculture-
Less developed countries live mainly upon agriculture and extractive industries like mining isheries and forests
Predominance of agriculture is explained from the viewpoint of sectoral composition of national income and
occupational pattern
In India in 1950- 51 more than 55 pc of our GDP came from the agricultural sector or the so- called primary sector In
2007-08 however the contribution of this sector toward GDP came down to194 pc
Theightwillbeaboutincreasingeconomicactivity-
With the lockdown the economic activity came to a grinding halt in India from the end of March Domestic consumption
almost wiped out Pay cuts and layoffs combined with fear of spread led to lack of shopping and completely eroded
demand
While the non-discretionary spending on groceries and other essential items remained largely unscathed during the
lockdown the revival in consumption will be driven by discretionary as well as non-discretionary spending Despite the
Indian governments decision to remove most the demand scenario is expected to remain weak for most of the current
inancial year But it could make a comeback next year
And as the uncertainty surrounding income and jobs reduces economists believe that some people will be able to raise
their discretionary spending on non-essential goods during festive season and thereafter lowing into 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 76
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Abhishek Goyal FCS
abhishekcsajmergmailcom
TREATMENT OF GST ONRESTAURANT BUSINESS
Implications of GST on restaurant business makes an interesting study and is important from the point of view of GST
consulting and practicing service to be rendered by practicing Company Secretaries as GST provides a promising
practicing and consulting platform for Company Secretaries
Let us now discuss these implications in the form of questions and answers which would enable the reader to get an easy
understanding of the provisions of GST in this regard
Q1 Please explain place of supply provisions in case of restaurant business and its importance for such business
Ans As per sub section (4) of Section 12 of the IGST Act place of supply in case of restaurant business is determined on
performance basis In other words place of supply (POS) in case of restaurant service is considered on performance
basis Accordingly POS in case of restaurants shall be the place where such service was actually performed which is
usually the place where such restaurant is situated
POS is important for both goods and services as the taxable event in GST is supply of goods and services
Q2 Whether restaurant owners can avail composition scheme under GST
Ans Yes composition scheme is open to restaurant business owners
Q3 What is the effective rate of GST on restaurant business under composition scheme
Ans It is 5 subject to maximum turnover of Rs 15 crores
Q4 We are running a food joint located in a standalone building with takeaway as well as sitting facilities to our
customers We are registered under GST normal scheme Can we take beneit of ITC on purchases made by us in relation
to our outward services
Ans A restaurant or a food joint or an eatery located in a standalone building ie not being located inside any hotel inn
guest house or club is not eligible for availing ITC even if purchases made by it were in the course of and in furtherance of
its business Such restaurants shall charge GST 5 on their services without ITC
Q5 We are running a standalone restaurant We have purchased an oven and a chimney for the purpose of our
restaurant Can we avail ITC on it
Ans As already stated in answer to question no 3 no ITC is available to a standalone restaurant even if goods or services
are availed in the course of or in furtherance of business
Q6 Would your answer be different if we are located in a hotel
Ans If a restaurant is located inside a hotel inn guest house lodge or a club where room rent per day exceeds Rs 7500-
the restaurant can avail ITC however GST rate in that case will be 18 In other words such a restaurant will have to
charge GST at 18 which in the case mentioned in reply to question no 1 is 5
ARTICLE
ICSI-NIRC Newsletter I July 2021 77
Q7 Is there any difference in GST rate for AC and Non AC restaurants
Ans The different GST rates prescribed for AC and non AC restaurants have been done away with All restaurants
whether AC or non AC are subject to GST rate of 5 without ITC or 18 with ITC depending upon whether restaurant is
located in a standalone building or inside an hotel inn guest house club etc where room rent per day is above Rs 7500-
Q8 We are engaged in outdoor catering services what are the GST implications for us
Ans For outdoor catering services as of now the GST rate is 18 with ITC
Q9 A restaurant is located inside a three star hotel with room rent of more than Rs 7500- per day The restaurant is also
offering some sweets which may be ordered as a takeawayparcel or may be consumed on a table in the restaurant itself
What are the GST implications on both situations
Ans Sweets attract 5 GST so take away from the counter will attract 5 GST only Whereas if sweets are consumed on a
table in the restaurant itself then it will attract GST at 18 since restaurant is located inside a hotel with room tariff of Rs
7500- and above
Q10 We are a moving restaurant and are providing over the counter take away and parcel services to our customers
What is the GST rate to be charged
Ans In this case GST to be charged is 5 without ITC
Q11 We are running a school We have an in house canteen for the beneit of our staff and students What are the GST
implications on us in the two situations
(i) if we supply food and beverages to our staff and students ourselves
(ii) if we engaged a contractor for running the canteen and to provide food and beverages to our staff and students
Ans In the situation (i) GST is exempt
In situation (ii) GST to be charged is 5 In this case the contractor is liable to charge GST at 5
ARTICLE
ICSI-NIRC Newsletter I July 782021
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shubham Budhiraja ACS
shubhambudhiraja02gmailcom
PROVISIONAL ATTACHMENTUNDER GST amp DOCTRINE OF
PROPORTIONALITYThe GST Fraud case initiated against GM Power-tech for issuances of fake invoices to various companies including MS
Radha Krishnan (Appellant) The joint commissioner thereafter in exercise of its delegate powers issued Notice under
Section 83 for provisional attachment of bank account of appellant which was challenged by appellant before HC in Writ
petition which was dismissed due to availability of alternative remedy in GST Act The Supreme Court held that exercise
of power by Joint Commissioner under Section 83 provisional attachment was in violation to provisions of law and
against principles of Order 38 Rule 5 and without application of mind and thus Writ was maintainable Hence HC
committed error in law in refusing the Writ
(i) Whetherwritpetitionmaintainableagainstorderofprovisionalattachmentundergstact
yesiforderiswithoutapplicationofmindoragainstprincipleofnaturaljusticeorwithoutjurisdiction
(ii)Whetherorderofprovisionalattachmentcanbeusedtogetspeedyrecoveryofstaterevenueundergst
act
Noprovisionalattachmentisbasedonproportionalitydoctrine
WritPetitionunderArticle226ampExceptionToRuleOfAlternateRemedy
(I) AssistantCommissioner (CT)LTUKakinadaandothersvGlaxoSmithKlineConsumerHealthCare
LimitedAIR2020SC2819 There are certain exceptions to the ldquorule of alternate remedyrdquo include where
- The statutory authority has not acted in accordance with the provisions of the law or
- acted in deiance of the fundamental principles of judicial procedure or
- has resorted to invoke provisions which are repealed or
- Where an order has been passed in violation of the principles of natural justice
(II)WhirlpoolCorporationvRegistrarofTrademarksMumbai(1998)8SCC1 R u l e o f a l t e r n a t i v e
remedy not to operate as a bar in at least three contingencies namely where the writ petition has been iled for
the
- Enforcement of any of the Fundamental Rights or
- There has been a violation of the principle of natural justice or
- Order or proceedings are wholly without jurisdiction or
- The vires of an Act is challenged
Analysis
(I) The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of
fundamental rights but for any other purpose as well
(II) The High Court has the discretion not to entertain a writ petition One of the restrictions placed on the power of
the High Court is where an effective alternate remedy is available to the aggrieved person
(III) Exceptions to the rule of alternate remedy arise where
ARTICLE
ICSI-NIRC Newsletter I July 2021 79
(a) the writ petition has been iled for the enforcement of a fundamental right protected by Part III of the
Constitution
(b) there has been a violation of the principles of natural justice
(c) order or proceedings are wholly without jurisdiction
(d) the vires of a legislation is challenged
(IV) An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the
Constitution in an appropriate case though ordinarily a writ petition should not be entertained when an
eficacious alternate remedy is provided by law
(V) When a right is created by a statute which itself prescribes the remedy or procedure for enforcing the right
or liability resort must be had to that particular statutory remedy before invoking the discretionary remedy
under Article 226 of the Constitution This rule of exhaustion of statutory remedies is a rule of policy
convenience and discretion and
(VI) In cases where there are disputed questions of fact the High Court may decide to decline jurisdiction in a
writ petition However if the High Court is objectively of the view that the nature of the controversy requires
the exercise of its writ jurisdiction such a view would not readily be interfered with
AttachmentbeforeJudgmentampProvisionalAttachment
(I) RamanTechProcessEnggCoandAnrvSolankiTraders2008(1)RCR(Civil)195
(A) The power under Order 38 Rule 5 Civil Procedure Code is a drastic and extraordinary power Such
power should not be exercised mechanically or merely for the asking It should be used sparingly and
strictly in accordance with the Rule The purpose of Order 38 Rule 5 not to convert an unsecured debt
into a secured debt Any attempt by a plaintiff to utilize the provisions of Order 38 Rule 5 as a leverage for
coercing the defendant to settle the suit claim should be discouraged
(II)ValeriusIndustriesvUnionofIndia2019(30)GSTL15(Gujarat)
(A) The power under Section 83 of the Act for provisional attachment should be exercised only if there is
suficient material on record to justify the satisfaction that the assessee is about to dispose of wholly or
any part of hisher property with a view to thwarting the ultimate collection of demand and in order to
achieve the said objective the attachment should be of the properties and to that extent it is required to
achieve this objective
(B) The power under Section 83 of the Act should neither be used as a tool to harass the assessee nor should
it be used in a manner which may have an irreversible detrimental effect on the business of the assessee
(C) The attachment of bank account and trading assets should be resorted to only as a last resort or measure
The provisional attachment under Section 83 of the Act should not be equated with the attachment in
the course of the recovery proceedings
(III)JaiAmbeyFilamentPvtLtdvUnionofIndia2021(44)GSTL41(Gujarat)
(A) Subjective satisfaction as to the need for provisional attachment must be based on credible information
that the attachment is necessary
(B) The opinion cannot be formed based on ldquoimaginary grounds wishful thinking howsoever laudable that
may berdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 80
(IV)PatranSteelRollingMillvAssistantCommissionerofStateTaxUnit22019(20)GSTL732(Gujarat)
(A) Two instances in which provisional attachment would be apposite these being where the
- assessee is a ly by night operator and
- If the assessee will not be able to pay its dues after assessment
(V) ProexFashionPrivateLimitedvGovernmentofIndiaWP(C)11245of2020dated6January2021
Conditions for the invocation of Section 83 of the SGST Act
I Order should be passed by Commissioner
II Proceeding under Section 62 or 63 or 64 or 67 or 73 or 74 should be pending
III Commissioner must form an opinion
IV Order should be passed to protect interest of revenue
V It must be necessary to attach property
(VI)UFVIndiaGlobalEducationvUnionofIndia2020(43)GSTL472
Pendency of proceedings under the sections mentioned in Section 83 viz Sections 62 or 63 or 64 or 67 or 73
or 74 is the sine qua non for an order of provisional attachment to be issued under Section 83
(VII)KaishImpexPrivateLimitedvUnionofIndia(2020)6AIRBomR122
(A) Taxable account of the taxable person can be attached against whom the proceedings under the sections
are initiated Section 83 does not provide for an automatic extension to any other taxable person from an
inquiry speciically launched against a taxable person under these provisions
(B) The format of the order ie the form GST DRC-22 also speciies the particulars of a registered taxable
person and which proceedings have been launched against the aforesaid taxable person indicating a nexus
between the proceedings to be initiated against a taxable person and provisional attachment of bank
account of such taxable person
(V)VishwanathRealtorvStateofGujaratSpecialCivilNo7210of2015decidedon29April2015
(A) Satisfaction must be on some tangible material on objective facts with the Commissioner In a given case on
the basis of the past conduct of the dealer and on the basis of some reliable information that the dealer is
likely to defeat the claim of the Revenue in case any order is passed against the dealer under the VAT Act
andor the dealer is likely to sale his properties andor sale andor dispose of the properties and in case
after the conclusion of the assessmentreassessment proceedings if there is any tax liability the Revenue
may not be in a position to recover the amount thereafter in such a case only however on formation of
subjective satisfactionopinion the Commissioner may exercise the powers under Section 45 of the VAT
Act
ARTICLE
ICSI-NIRC Newsletter I July 2021 81
SECTION83ampITSCONDITIONS
(i) The power to order a provisional attachment is entrusted during the pendency of proceedings under any one of
six speciied provisions Sections 62 63 64 67 73 or 74 In other words it is when a proceeding under any of
these provisions is pending that a provisional attachment can be ordered
(ii) The power to order a provisional attachment has been vested by the legislature in the Commissioner
(iii) Before exercising the power the Commissioner must be ldquoof the opinion that forthepurpose of protecting the
interest of the government revenue it is necessarysotodordquo
(iv) The order for attachment must be in writing
(v) The provisional attachment which is contemplated is of any property including a bank account belonging to the
taxable person and
A provisional attachment under Section 83 is contemplated during the pendency of certain proceedings meaning
thereby that a inal demand or liability is yet to be crystallized An anticipatory attachment of this nature must
strictly conform to the requirements both substantive and procedural embodied in the statute and the rules The
exercise of unguided discretion cannot be permissible because it will leave citizens and their legitimate business
activities to the peril of arbitrary power Each of these ingredients must be strictly applied before a provisional
attachment on the property of an assesses can be levied The Commissioner must be alive to the fact that such
provisions are not intended to authorize Commissioners to make preemptive strikes on the property of the assessee
merely because property is available for being attached There must be a valid formation of the opinion that a
provisional attachment is necessary for the purpose of protecting the interest of the government revenue
PROPORTIONALITYampSECTION83
The expressions in Section 83 give regard to both the purpose and necessity of provisional attachment implicate the
doctrine of proportionality Proportionality mandates the existence of a proximate or live link between the need for the
attachment and the purpose which it is intended to secure It also postulates the maintenance of a proportion between
the nature and extent of the attachment and the purpose which is sought to be served by ordering it
Moreover the words embodied in Section 83(1) would leave no manner of doubt that while ordering a provisional
attachment the Commissioner must in the formation of the opinion act on the basis of tangible material on the basis of
which the formation of opinion is based in regard to the existence of the statutory requirement
CONCLUSION
(I) Order 38 Rule 5 CPC provides for provision of Attachment before Judgment
(II) Section 83 of CGST Act 2017 are on same principle provides for Provisional attachment of any property of
assesse by commissioner for protecting interest of Govt Revenue
(III) Section 83 is based on Proportionality doctrine ndash ldquo for the purpose of necessity to do sordquo
(IV) Provisional attachment is based on test of Tangible Material
(V) Under the provisions of Rule 159(5) the person whose property is attached is entitled to dual procedural
safeguards
ARTICLE
ICSI-NIRC Newsletter I July 2021 82
(a) An entitlement to submit objections on the ground that the property was or is not liable to attachment
and
(b) An opportunity of being heard
(VI) The Opinion to passes order for Provisional attachment has to be on basis of material on record and based
on proportionality doctrine
(VII) Mere for expediency in revenue recover is not a ground for which provisional attachment to be passed
(VIII) Provisional attachment is draconian in nature
(IX) Section 83 does not provide for an automatic extension to any other taxable person from an inquiry
speciically launched against a taxable person under these provisions
(X) Since power to provisional attachment is delegated to Joint commissioner under Section 5(3) hence there is
no appeal available to Appellate authority under Section 107(1) because joint commissioner is not
performing functions of commissioner but of delegate Hence Writ petition was maintainable
(XI) Even where alternative remedy is available writ can be maintainable where
(a) Matter involved is of Fundamental rights
(b) Matter involved is of Natural Justice non-application of mind
(c) Matter involved absence of jurisdiction excess of jurisdiction
chapters of nirc of icsibull Agra
bull Ajmer
bull Alwar
bull Amritsar
bull Bareilly
bull Bhilwara
bull Bikaner
bull Chandigarh
bull Dehradun
bull Faridabad
bull Ghaziabad
bull Gorakhpur
bull Gurugram
bull Jaipur
bull Jalandhar
bull Jammu
bull Jodhpur
bull Kanpur
bull Karnal
bull Kota
bull Luchnow
bull Ludhiana
bull Meerut
bull Modinagar
bull Noida
bull Panipat
bull Patiala
bull Prayagraj
bull Shimla
bull Srinagar
bull Udaipur
bull Varanasi
ARTICLE
ICSI-NIRC Newsletter I July 2021 83
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shikha Saxena ACS
shikhasaxena214gmailcom
Goods andService Tax
Introduction GST was introduced to replace multiple indirect taxes levied by State and Central Government GST is
Single domestic indirect tax law for the entire country So it is an indirect tax which replaced many indirect taxes in India
such as excise duty VAT Service tax etc
Features
1 Destination Based Tax
2 Multi stage
DestinationBasedTax
It means tax will be levied at the place where goods and services are consumed not at the origin So the state which
consume the goods and services will have right to collect GST
Example A good is manufactured in Rajasthan and sold in Gujrat then the Rajasthan Government will receive revenue
from taxing manufacturing and warehousing whereas Gujrat Government will receive the revenue of the inal sale
MultiStage
GST is levied on on value addition done on every stage
Example Once raw material has been bought value is added by manufacturer by means of making the raw material into
a product The warehousing is the next step where value is added which is then sold to retailers where the inal addition
of value is done At each step GST will be levied
DifferenceBetweenGSTandearlierTaxSystem
EarlierTaxSystem GST
Goods
Manufacture Sale Excise Duty VatSales Tax
In case of Service Service Tax levied
GoodsServices
Supply
GST
Central GST Integrated GST State GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 84
HowGSTisBeneicialascomparetoearliertaxstructure
1 Removing the cascading effect of Tax
2 Higher threshold for GST Registration
3 Composition Scheme for small business
4 Simpler online facilities for GST Compliance
5 Deined treatment for e-commerce activities
6 Regulating the unorganized sector
In simple terms it can be explained through example
EarlierSystem GSTSystem
Product sale from Rajasthan to Gujrat Price Rs 1000 Price Rs 1000
VAT 10 Rs 100 CGST 5 Rs 50
Total Cost Rs 1100 SGST 5 Rs 50
Total Cost Rs 1100
Product sale from Gujrat to Haryana Cost Price Rs 1100 Cost Price Rs 1100
Proit Rs 1000 Proit Rs 1000
Sell Price = Cost + Proit Sell Price = Cost + Proit
Sell Price Rs 2100 Sell Price Rs 2100
CST 10 Rs 210 IGST 10 Rs 110
Total Price Rs 2310 Total Price Rs 2210
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
In the end every time an individual is able to claims the input tax credit the sale price is reduced and the cost price for
the buyer is reduced because of lower tax liability The inal value of the product is therefore reduced from Rs2310 to Rs
2210 thus reducing the tax burden on the inal customer
BeforestudyinggointodeeperitisnecessarytounderstandthejourneyofGSTin
IndiaHistoryofGSTinIndia
ARTICLE
ICSI-NIRC Newsletter I July 2021 85
ComponentsofGST
CGST Central Goods and Service Tax
They are levied by the central government for intrastate movement of goods and services Intrastate means within one
state CGST revenues go to the central government
SGST State Goods and Services Tax
They are levied by the state government thats state indirect taxes It is the tax collected by the state government on an
intra-state sale
IGST Integrated Goods and Services Tax
It is a tax collected by the Central Government for an inter-state sale
Sale Within the State CGST + SGST Revenue will be shared equally between the centre and the State
Sale to another State IGST There will only be one type of tax (central) in case of inter state sale The centre
will then share the IGST revenue based on the destination of goods
Turnover(ForsaleofGoods)
Registration Effective
Exceeds Rs 20 Lakh Yes- For Normal Category States stEffective from 1 April 2019
Exceeds Rs 20 Lakh Yes- For Special Category States stEffective from 1 April 2019
ForProvidingServices
Persons providing services need to register if their aggregate turnover exceeds Rs 20 Lakh for normal category states
and Rs 10 Lakh for Special category states
Asperthenewamendmentanoptionwasgiventothestatestooptfornewlimitsor
continuetheearlierstatusquo
N o r m a l C a t e g o r y
StateUTforanewlimit
ofRs40Lakh
Kerala Chhattisgarh Jharkhand Delhi Bihar Maharashtra Andhra Pradesh Gujrat
Haryana Goa Punjab Uttar Pradesh Himachal Pradesh Karnataka Madhya Pradesh
Odisha Rajasthan Tamil Nadu West Bengal Lakshadweep Dadra and Nagar Haveli
Daman and Diu Andaman and Nicobar Island and Chandigarh
NormalCategorystatewhochoosestatusquo
Telangana
SpecialcategoryStateswhooptedfornewlimitofRs40Lakh
Jammu and Kashmir and Assam
SpecialCategoryStateswhooptedfornewlimitofRs20Lakh
Puducherry Meghalaya Mizoram Tripura Manipur Sikkim Nagaland Arunachal Pradesh Uttarakhand
ARTICLE
ICSI-NIRC Newsletter I July 2021 86
Section 24 of the Central Goods and Service Tax Act 2017 explains the Provisions of compulsory registration
Oslash The person engaged in the inter-state taxable supply of goods or services or both
Oslash A casual taxable person engaged in taxable supply
Oslash Persons liable to pay tax under reverse charge mechanism
Oslash A non-resident taxable person engaged in providing taxable supply
Oslash A person liable to pay tax under section 9 (5) of the Act
Oslash The person liable to deduct tax at source (TDS)
Oslash Input Service Distributor
Oslash E-commerce operator
Oslash Person supplying online information and database access or retrieval services from a place outside India to a
person in India other than a registered taxable person
SlabRates
There are around six slabs of rates as per latest council meeting of GST
Rates Particulars
5 Cream and yogurt paneer cashew nut raisins fruit and nuts and a few others Now for these products
25 goes to the state government and the rest 25 goes to the CGST Many household items are
covered in this section
12 Citrus fruits jams sausages 20l drinking water statues pots and jars geometry box cutlery railway
coaches printer ink wooden toys and more Here for every product 6 goes towards CGST and 6
goes towards SGST This section covers processed food to a great extent
18 Bindis chocolates fountain pens tripods soap toothpaste and industrial intermediate products are
therein this slab Here 9 goes towards SGST and 9 goes towards CGST The central goods and
services tax act 2017 has a full list of items
28 Cigarettes caffeinated beverages pan masala motor cars and motorcycles air conditioners
refrigerators etc Mainly luxury items are covered in this sector In this 14 goes towards SGST and
14 goes towards CGST
3 Coins gold silver platinum imitation jewellery etc are taxed at 3 Here 15 goes towards SGST
and 15 towards CGST
25 Precious stones are taxed at 025 where 0125 goes towards CGST and 0125 goes towards SGST
0 There are also some products that are taxed at 0 basically they are tax free
Mammals live swine live bovine mammals birds insects ish curd lassi buttermilk bananas
apples grapes human hair sanitary napkins among others
ARTICLE
ICSI-NIRC Newsletter I July 2021 87
The central GST Act 2017 has a full updated list of all items under all GST tax slabs
NewCompliancesUnderGST
E-WaysBills E-invoicing
M a n u f a c t u r e r s t r a d e r s a n d
transporters can generate e-way bills
for the goods transported from the
place of its origin to its destination on
a common portal with ease
Tax authorities are also beneited as
this system has reduced time at check
-posts and helps reduce tax evasion
It is applicable on whose turnover of more than Rs500 crore in any preceding
inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100
crore
These businesses must obtain a unique invoice reference number for every
business-to-business invoice by uploading on the GSTNs invoice registration
portal The portal veriies the correctness and genuineness of the invoice
Thereafter it authorises using the digital signature along with a QR code
e-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to
the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the
generation of e-way bills too
Penalty If a person commits any GST offenseSection 122 to 138 of the GST Act deines Offences and Penalties under
GST
They divide the offences into two categories
A Offences Attracting Fiscal Penalties
B Offences Attracting Prosecution
It is very dificult to wrap up the entire GST Act into one article but here is the brief of GST to understand it better and
work towards it For more details you can Study Central Goods and Services Act 2017 and also contact on the given mail
ID
ARTICLE
ICSI-NIRC Newsletter I July 2021 88
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS shashank kothiyal ACS
shashankkothiyal9gmailcom
GST A Boon forIndian Economy
Introduction
Whether it was uniformity of taxation and consequent free interior trade or possession of the jewel in the crown at the
root of prosperity of Britain is debatable nonetheless the words of father of modern economics on the beneits of
uniformity of system of taxation cannot be taken too lightly Before implementation of Goods and Service Tax (GST)
Indian taxation system was a farrago of central state and local area levies By subsuming more than a score of taxes
under GST road to a harmonized system of indirect tax has been paved making India an economic union
Genesis
Several countries have already established the Goods and Services Tax In Australia the system was introduced in 2000
to replace the Federal Wholesale Tax GST was implemented in New Zealand in 1986 A hidden Manufacturers Sales Tax
was replaced by GST in Canada in the year 1991 In Singapore GST was implemented in 1994 GST is a value-added tax in
Malaysia that came into effect in 2015
Introduction
ARTICLE
ICSI-NIRC Newsletter I July 2021 89
MonthYear JourneyofGST
2000 In India the idea of adopting GST was irst suggested by the Atal Bihari Vajpayee Government in 2000
The state inance ministers formed an Empowered Committee (EC) to create a structure for GST based
on their experience in designing State VAT Representatives from the Centre and states were requested
to examine various aspects of the GST proposal and create reports on the thresholds exemptions
taxation of inter-state supplies and taxation of services The committee was headed by Asim
Dasgupta the inance minister of West Bengal Dasgupta chaired the committee till 2011
2004 A task force that was headed by Vijay L Kelkar the advisor to the inance ministry indicated that the
existing tax structure had many issues that would be mitigated by the GST system
February2005
The inance minister P Chidambaram said that the medium-to-long term goal of the government was
to implement a uniform GST structure across the country covering the whole production-distribution
chain This was discussed in the budget session for the inancial year 2005-06
February2006
The inance minister set 1 April 2010 as the GST introduction date
November2006
Parthasarthy Shome the advisor to P Chidambaram mentioned that states will have to prepare and
make reforms for the upcoming GST regime
February2007
The 1 April 2010 deadline for GST implementation was retained in the union budget for 2007-08
February2008
At the union budget session for 2008-09 the inance minister conirmed that considerable progress
was being made in the preparation of the roadmap for GST The targeted timeline for the
implementation was conirmed to be 1 April 2010
July2009 Pranab Mukherjee the new inance minister of India announced the basic skeleton of the GST system
The 1 April 2010 deadline was being followed then as well
November2009
The EC that was headed by Asim Dasgupta put forth the First Discussion Paper (FDP) describing the
proposed GST regime The paper was expected to start a debate that would generate further inputs
from stakeholders
February2010
The government introduced the mission-mode project that laid the foundation for GST This project
with a budgetary outlay of Rs 1133 crore computerised commercial taxes in states Following this
the implementation of GST was pushed by one year
March2011 The government led by the Congress party puts forth the Constitution (115th Amendment) Bill for the
introduction of GST Following protest by the opposition party the Bill was sent to a standing
committee for a detailed examination
June2012 The standing committee starts discussion on the Bill Opposition parties raise concerns over the 279B
clause that offers additional powers to the Centre over the GST dispute authority
November2012
P Chidambaram and the inance ministers of states hold meetings and set the deadline for resolution
of issues as 31 December 2012
ARTICLE
ICSI-NIRC Newsletter I July 2021 90
February2013
The inance minister during the budget session announces that the government will provide Rs9000
crore as compensation to states He also appeals to the state inance ministers to work in association
with the government for the implementation of the indirect tax reform
August2013 The report created by the standing committee is submitted to the parliament The panel approves the
regulation with few amendments to the provisions for the tax structure and the mechanism of
resolution
October2013
The state of Gujarat opposes the Bill as it would have to bear a loss of Rs 14000 crore per annum
owing to the destination-based taxation rule
May2014 The Constitution Amendment Bill lapses This is the same year that Mr Narendra Modi was voted into
power at the Centre
December2014
Indias new inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in
the parliament The opposition demanded that the Bill be sent for discussion to the standing
committee
February2015
Mr Jaitley in his budget speech indicated that the government is looking to implement the GST system
by 1 April 2016
May2015 The Lok Sabha passes the Constitution Amendment Bill Jaitley also announced that petroleum would
be kept out of the ambit of GST for the time being
August2015 The Bill is not passed in the Rajya Sabha Jaitley mentions that the disruption had no speciic cause
March2016 Mr Jaitley says that he is in agreement with the Congresss demand for the GST rate not to be set above
18 But he is not inclined to ix the rate at 18 In the future if the Government in an unforeseen
emergency is required to raise the tax rate it would have to take the permission of the parliament So a
ixed rate of tax is ruled out
June2016 The Ministry of Finance releases the draft model law on GST to the public expecting suggestions and
views
August2016 The Congress-led opposition inally agrees to the Governments proposal on the four broad
amendments to the Bill The Bill was passed in the Rajya Sabha
September2016
The Honourable President of India gives his consent for the Constitution Amendment Bill to become
an Act
The GST Council also inalised on the GST rates and GST rules The Government declares that the GST Bill will be
applicable from1July2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 91
Pre-GSTIndirectTaxStructureinIndia
GSTLawfromaConstitutionalPerspective
A DeinitionofGST
ldquoGoods and services taxrdquo means any tax on supply of goods or services or both except taxes on the supply of the alcoholic
liquor for human consumption As per Article 366(12A)
GoodsandServicesTax(GST) is anindirecttax(orconsumptiontax) used in India on the supply of goods and
services It is a comprehensive multistage destination-based tax comprehensive because it has subsumed almost all
the indirect taxes except a few state taxes Multi-staged as it is the GST is imposed at every step in the production
process but is meant to be refunded to all parties in the various stages of production other than the inal consumer and
as a destination-based tax it is collected from point of consumption and not point of origin like previous taxes
B ConstitutionalAmendment
bull Bill passed by Rajya Sabha on 03082016 amp Lok Sabha on 08082016
bull Notiied as Constitution (101st Amendment ) Act 2016 on 08092016
bull Key Features
uuml Concurrent jurisdiction for levy amp collection of GST by the Centre amp the States ndash Article 246A
uuml Centre to levy amp collect IGST on supplies in the course of inter-State trade or commerce including imports ndash
Article 269A
uuml Compensation for loss of revenue to States for ive years on recommendation of GSTC ndash Clause 19
uuml GST on petroleum crude high speed diesel motor spirit (commonly known as petrol) natural gas amp aviation
turbine fuel to be levied from a later date on recommendations of GSTC
ARTICLE
ICSI-NIRC Newsletter I July 2021 92
BeneitsofGST-AdvantageandDisadvantage
Advantages Disadvantage
1 The most important beneit is the removal of cascading
effect ie removal of tax on tax
2 Starting from registration to iling returns and payment
of GST tax its an online procedure
3 Startups wont be running around tax ofices for various
registrations and procedures under excise service tax
and VAT
4 Higher threshold for registration
5 Composition scheme for small business The purpose is
to ease the burden of compliance which enables the
small businesses to focus more on business and less on
compliance
1 The GST structure has been marketed well to portray it
as a simple concept but in reality the understanding is
complicated and distortionary to fully exploit the
expected beneits
2 Multiple tax rates and many complexities will result into
tax disputes and lead to more corruption
3 High confusion regarding the product classiication and
multiple rates is a major concern
4 The food industry has criticized the levying of higher
rates on value-added manufactured goods and has
asked for a simpler regime
5 Items like (i) Alcohol (ii) Real Estate and (iii) Electricity
have been kept out of this regime defeating the purpose
of one tax
ComponentsofGST
GST would be levied on a common base by both the central and the state government simultaneously The dual GST can
be categorized into the following
middot CentralGST(CGST)- GST to be levied by the central government
middot StateGST(SGST)UnionTerritoryGST(UTGST)- GST to be levied by statesUnion Territories with legislature
IntegratedGST(IGST)- GST levied by central government on inter-state supply of goods and services to ensure that the
credit chain is not disrupted Apart from the applicable custom duties import of goods and services would be treated as
inter-state supplies and would therefore be subject to IGST
ARTICLE
ICSI-NIRC Newsletter I July 2021 93
GSTRates
At the time of GST implementation former Finance Minister the late Mr Arun Jaitley said that the government wanted to
keep the GST rates close to the original rates But there were differences in case of some items because of the changes in
the economy as well as customer preferences Some commodities were kept in the high tax bracket (18-28) but on
scrutinizing the list they found that these commodities should be considered as necessities and not luxuries This is why
the GST rates were revised for commodities such as notebooks exercise books
FewGSTRatesare
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central ExciseService tax
Revenue will be shared equally between the Centre and the State
Sale to another State IGST Central Sales Tax + ExciseService Tax
There will only be one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
TaxRate Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
CompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
uuml E-WayBills GST introduced a centralised system of waybills by the introduction of ldquoE-way billsrdquo This system was
launched on 1st April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of
goods in a staggered manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods
transported from the place of its origin to its destination on a common portal with ease Tax authorities are also
beneited as this system has reduced time at check -posts and helps reduce tax evasion
uuml E-invoicing The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual
aggregate turnover of more than Rs 500 crore in any preceding inancial years (from 2017-18) Further from 1st
January 2021 this system was extended to those with an annual aggregate turnover of more than Rs100 crore
These businesses must obtain a unique invoice reference number for every business-to-business invoice by
uploading on the GSTNs invoice registration portal The portal veriies the correctness and genuineness of the
invoice Thereafter it authorises using the digital signature along with a QR code
E-Invoicing allows interoperability of invoices and helps reduce data entry errors It is designed to pass the invoice
information directly from the IRP to the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way bills too
ARTICLE
ICSI-NIRC Newsletter I July 2021 94
GoodsampServicesTax(GST)Council
GST Council is a constitutional body for making recommendations to the Union and State Government on issues related
to Goods and Service Tax The GST Council is chaired by the Union Finance Minister and other members are the Union
State Minister of Revenue or Finance and Ministers in-charge of Finance or Taxation of all the States
The Union Cabinet in its meeting held on 12th September 2016 approved setting-up of GST Council and setting up its
Secretariat As per Article 279A of the amended Constitution the GST Council which will be a joint forum of the Centre
and the States shall consist of the following members -
i Chairperson ndash Union Finance Minister
ii Vice Chairperson - to be chosen amongst the Ministers of State Government
iii Members - MOS (Finance) and all Ministers of Finance Taxation of each State
uuml Quorum is 50 of total members
uuml Decision by 75 majority
uuml States - 23 weightage and Centre - 13 weightage
uuml Council to make recommendations on everything related to GST including laws rules and rates etc
Introduction
stWe are living in 21 Century ie in the age of social media With the handy use of social media the question comes
whether these instant messages ie Whatsapp Messages are of any legal relevance and admissible in Courts
Lately now courts have begun to admit instant messages and pictures sent on these platforms as evidence in both
Criminal as well as Civil matters
ArewhatsappChatsadmissibleasEvidence
In this present digital world electronic devices are used frequently especially for business transactions One of the most
common tool for communication is Whatsapp With digitization the Indian judiciary has also become more advanced
and techno-friendly The Parliament had enacted the Information and Technology Act 2000 to redeine the deinition of
electronic record undersection2(1)(t)of Information and Technology Act 2000With the help of mobile phones
people are daily expressing themselves which results in extensive collection of records that may become evidence in
legal matters
CurrentScenarioofIndianlegalSystem
Section 65(B) of Indian Evidence Act was introduced in Information Technology Act 2000 in order to consider
electronic communication viz Email Computer generated documents Whatsapp messages etc as valid evidence in the
Courts of law A 3-judge bench of the Honble Supreme Court of India has recently clariied and elaborated the law on
thadmissibility of digital evidence in judicial proceedings vide its judgment dated 14 July 2020 in the matter of Arjun
PanditraoKhotkarvKailashKushanraoGorantyalampOrs
It was held that certiicate under Section 65B (4) of the Evidence Act (ldquoActrdquo) is essential for admissibility of electronic
records stating that the same is to the best of his knowledge and belief These measures are taken by the court to ensure
the source and authenticity of the electronic record Electronic evidence can be easily tampered altered with hence
these safeguards prove to be very signiicant to ensure justice especially in the cases where the conclusion of the trial is
based on the electronic records
1 The Punjab and Haryana High Court has ruled that WhatsApp messages may be relied upon by investigating
agencies during a crime investigation but a certiicate Section 65B of the Indian Evidence Act is essential for the
same (RakeshKumarSinglavUnionofIndia)
ARTICLE
ICSI-NIRC Newsletter I July 2021 95
Whether Whatsapp Chats areAdmissible In Courts
CS Akshit Gupta FCS
csakguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
2 AnvarPVVersusPKBasheer2014In this case the Court has interpreted Section 22A 45A 59 65A and 65B
of the Evidence Act and held that secondary information in CDDVDPen Drive is not acceptable without a
certiicate us 65 B (4) of Evidence Act
RelevanceoftheBlueTickintheAdmissibilityofWhatsappChat
The Bombay High Court while hearing an application iled by the SBICardsandPaymentsServicesPvtLtd(the
claimant)againstaresidentRohitJadhav observed that the defaulter who was evading the bank had not only
received the notice in a PDF ile but also opened it and read its contents This means he knows about the notice of bank
and he cannot invalidate such notice on the grounds of sending the same through the digital mode
JusticeGautamPatelheld in the above mentioned case that ldquoFor the purpose of service of the notice I will accept this I
do so because the blue icon indicators clearly show that not only were the message and its attachment delivered to the
respondents number but that both were openedrdquo
Conclusion
Laws relating to admissibility of electronic evidence are still facing some issues There are various questions which are
arising relating to authorship of certiicate Since admissibility of electronic evidence in the court are still facing few
issues even after the twenty years of Information Technology Act came into force we expect some major developments
and amendments in regards of these loophole
ARTICLE
ICSI-NIRC Newsletter I July 2021 96
dkekch dh jkg bruh vklku Hkh ugha
lius lHkh ckdh gS tks ns[ks Fks dHkhA
tu iy Hkj dk esjh fQrjr esa ugha
lQyrk dh cqfukn eSa fy[k jgk gwiexcl vHkhAA
rkmez bd [okc thfor jguk pkfg
esjs kgj ls d ubZ kqvkr gksuh pkfgA
eafty feys k uk feys s vyx ckr gS
lPph dksfkk dks mldk buke feyuk pkfgAA
ARTICLE
ICSI-NIRC Newsletter I July 2021 97
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
हम कपनी सिचव ह िसफ हार नही ह
िहम िशला पर िलखा वो लख नही जो पल म िपघल जाय
िशला पर िलखा वो लख ह जो अिमट अर ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
अजन की गाडीव सा कलम ह हमारा
क की सदसन सा तज ह ान
कानन की धाराओ और अनछदो स नही ह हम अनजान
ा ण भगर लोभनो क वजह स हम िनरर ह
कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
हम वा ही नही ितवा भी हम ही ह
हम वो ह जो िनर सदा ही ह
हम तो ान क गगन म गगनचर पख ह
कानन क जगत म हम एक अिधकत हार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
dEiuh lfpoCS Prahalad Kumar ACS
email2prahaladgmailcom
ला हो उस ालन को जो सघष की ितमित थी
आज अपन हजनो को ा चहरा िदखाएग
ाग आाकारता का कशल नततव सीखन वाल
ा आज भड़ चलो म फसन की वजह स हम सार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
कपनी पजीकरण स िवलय तक का समथ ाता ह हम
आिथक मदी स उबारन क िलए जान जात ह हम
िविध का पण ह कवल अर नही ह हम
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 98
InitiativesofChapters
Noida
bull On the occasion of PCS Day 2021 Tuesday 15th June 2021 Noida Chapter organised a webinar on the topic
Talk on Future Ready PCS- Insights into Future Challengesrdquo from 0500 pm to 0630 pm During the webinar
Noida Chapter of NIRC felicitated 2 Practicing Company Secretaries having more than 25 years of practice
experience amp 2 PCS irms with three or more partners Appreciation certiicates were given to them and they
shared their experience and journey briely
bull Webinar held on Friday 18th June 2021 from 0500 pm to 0630 pm on the topic Producer Company
Governanceamp Compliance
bull Webinar held on Saturday 19th June 2021 from 1100 am to 1230 pm on the topic Practical tips for settlement
of legal disputes
bull Webinar on the Topic ldquoRole of Company Secretaries During Covid and Post Covid Periodrdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part -1)rdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part - II)rdquo
bull Noida Chapter of NIRC of the ICSI organized four days Online NCLT Workshop on 3rd 4th 10th amp 11th June
2021 from 0500 pm to 0700 pm
bull In view of International Yoga Day Noida Chapter of NIRC organized 4 Yoga Sessions on four consecutive
Saturdays from 29thMay 2021 till 19thJune 2021
Bareilly
bull On 5th June 2021 Bareilly Chapter organized a webinar on the theme A brief overview of Recent Amendments amp
Relaxations under Companies Act 2013
bull On 19th June 2021 during the PCS Week one more webinar was organized by Bareilly Chapter on the theme
Opportunities under Insolvency and Bankruptcy Code
bull On 29th June 2021 5th One Day Orientation Program during 2021 for CS Executive students was organized by
the Chapter through virtual mode
Meerut
bull Online Study Circle for students on the topic of Recent amendments in CSR on 12062021
bull PCS Day - webinar on the topic Opportunities under Insolvency amp Bankruptcy Code on 18062021
Modinagar
bull Modinagar Chapter celebrated GST Day 2021 on 05th July 2021
ICSI-NIRC Newsletter I July 2021 99
Faridabad
bull MoU signing ceremony with Pt J L N Govt College FBD - 23042021 in Presence of Chairman NIRC (Virtual)
bull MoU Signing Ceremony with Aggarwal College FBD --10062021 in Presence of Chairman NIRC (virtual)
bull MoU Signing ceremony with IMT College FBD - 23062021 in presence of Chairman NIRC (Virtual)
bull MoU Signed with hospitals -
1) SSB Multi Heart Specialty Hospital on 17042021
2) QRG Hospital w e f 23032021
bull Study Session on Recent Amendments in Companies Act 2013 on Saturday 10th April 2021 at Chapter premises
bull 2nd EDP Batch(15 days) - Classroom Mode wef 03042021 to 20042021
bull PCS Day Celebration on Tuesday 15th June 2021 by Faridabad Chapter
bull WEBINAR on FDI under FEMA on Saturday 19062021
Kota
bull Kota Chapter is celebrating Student month by organizing various activities for students in July 2021
Jaipur
bull PCS Day celebrations week ( Five Webinar )
bull International yoga Day Celebration
bull Workshop at yoga 01062021 to 30062021
bull Vaccination Drive with Fortis Hospital
bull Joint Webinar by Chapter of Rajasthan
bull Online CAP
Gorakhpur
bull Gorakhpur Chapter conducted webinar on Deposit amp Loan to Director on 24th May 2021 The Chief Guest of the
webinar was CS Nagendra D Rao President ICSI and the Guest of Honour was CS HimanshuHarbola Treasurer
NIRC of ICSI
bull Gorakhpur Chapter also conducted webinar on ICSI Auditing Standards on 7th June 2021 The Chief Guest of the
webinar was CS Devendra D Deshpande Vice President ICSI and the Guest of Honour was CS Vimal Gupta
Chairman NIRC of ICSI
bull On 11th June 2021 Gorakhpur Chapter conducted webinar on Dematerialisation E-Voting and Other Issuer
Services of NSDL The Chief Guest of the webinar was CS MamtaBinani Past President ICSI and the Guest of
Honour was CS SusshilDaga Vice Chairman NIRC of ICSI
bull On the occasion of PCS Day 2021 A Panel Discussion was organised by Gorakhpur Chapter on the topic
Opportunities for Company Secretaries in Developing Cities on 15th June 2021 The Special Guest of the
programme was CS Manish Gupta Council Member ICSI The Panel discussed about the various opportunities for
CS in small and developing cities in India
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 100
bull On 27th June 2021 Gorakhpur Chapter organized Blood Donation Camp in collaboration with ICAI Gorakhpur
and JCI Gorakhpur More than 70 persons donated their blood in the camp
bull The Chapter also celebrated Van Mahotsav on 01st July 2021 and GST Day on 05th July 2021 On The occasion of
GST Day celebration
Bhilwara
bull Bhilwara Chapter of NIRC of ICSI organised a webinar on the topic Health Care in COVID-19 on 1st June 2021 The
chief guest of the webinar was CS Vimal Gupta Chairman NIRC
bull On the occasion of PCS Day Celebration Bhilwara Chapter organised a webinar on 12th June 2021 on the topic
Recent Amendments in Companies Act amp MCA Version 30 On that occasion Bhilwara Chapter felicitate the PCS
Members who are practicing 15 years and more
bull Bhilwara Chapter also organised a Yoga session for Members and Students on 19th June 2021
Karnal
bull Following Webinars were organised by Karnal Chapter for Members
1 3rd May 2021 on the topic Unpacking the Nuances of Oppression and Mismanagement
2 29th May 2021 on the topic Interpersonal and Professional Skills for Company Secretaries
3 09th June 2021 on the topic Recent Amendments in Companies Act 2013rdquo
4 16th June 2021 on the topic Interpretation of Statutes for Company Secretaries
bull PCS Day was celebrated with a Webinar on 15th June 2021 on the Theme Opportunities for Company Secretaries
bull In addition to this a Non academic session for Members was organised on 28th June 2021
bull For Students 1 Five days EDP (ADP) and 6 PDPs were conducted online
Udaipur
bull Udaipur Chapter conducted Free Vaccination Drive for Members Students and their Family Members on
24062021
bull Udaipur Chapter organised three Webinar for members on 07062021 15062021 and 26062021
bull Udaipur Chapter organised Yoga Session through virtual mode for members and students on 27th June 2021
bull Udaipur chapter organised Career Awareness Programme for Students
Ghaziabad
bull Ghaziabad Chapter organized 05 days webinar series from 11th June 2021 to 16th June 2021 and invited Senior
faculties during the series CS Vineet Chaudhary Central Council Member The ICSI was Chief Guest on June 15 2021
bull Ghaziabad Chapter organized MOU Signing Ceremony for Academic Collaboration between the ICSI and Maharishi
University of Information Technology on Tuesday June 29 2021 at Maharishi Law School Maharishi University of
Information Technology Maharishi Nagar Sec 110 Noida Uttar Pradesh 201304 CS Nagendra D Rao Honble
President The ICSI graced the occasion with his benign presence
bull Ghaziabad Chapter of NIRC of ICSI conducted a webinar on the topic ldquoStay Positiverdquo with view of giving enthusiasm
and undeniable energy to all the members to express themselves their fears their positive thoughts everything amp
The need of the hour is Expression as well as Motivation on Saturday June 26 2021
bull Ghaziabad Chapter of NIRC of ICSI celebrated International Yoga Day
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 101
CSBF
COMPANYSECRETARIESBENEVOLENTFUND
MEMBERSENROLLEDREGIONWISEASLIFEMEMBERSOFTHECOMPANYSECRETARIESBENEVOLENTFUND
DURINGTHEPERIOD01032021TO30062021
REGION LMNO NAME MEMBNUMBER
NIRC
1 14821 MR GAURAV KUMAR MODI ACS - 64694
2 14830 MR ANKIT ANIL PARDESHI ACS - 62406
3 14831 MR SHAH NAWAZ ACS - 41049
4 14832 MS RICHA KHANDELWAL ACS - 47398
5 14838 MR AMRENDER KUMAR YADAV ACS - 41946
6 14839 MS RENU KATHURIA ACS - 34023
7 14844 MR SUMIT KUMAR SINGH ACS - 50243
8 14857 MR PARITOSH CHAUHAN ACS - 42603
9 14862 MS RIYA KHURANA ACS - 58282
10 14868 MS VRUSHALI RAJESHKUMAR DARJI ACS - 54675
11 14869 MR AMIT KUMAR MANGLA ACS - 32638
12 14870 MS KHUSHBOO BHATT ACS - 43508
13 14872 MR VIKASH GUPTA FCS - 9198
14 14876 MR ATUL KUMAR SINGH ACS - 38572
15 14880 MR ANSHUL JAIN ACS - 43863
16 14882 MR AMAN RATRA ACS - 55296
17 14888 MS CHAKSHOO MEHTA ACS - 42309
18 14892 MS DIVYA GAUR ACS - 47360
19 14897 MR ANKIT GOEL ACS - 52633
20 14902 MR SANDEEP KUMAR FCS - 9075
21 14907 MR SAURABH JAIN ACS - 45759
22 14908 MR MANISH KUMAR VERMA FCS - 10023
23 14909 MR HIMANSHU YADAV ACS - 44654
24 14912 MR ANKUR DUDANI ACS - 63498
25 14917 MR PANKAJ SHARMA ACS - 61152
26 14918 MS NAVITA GUPTA ACS - 51316
27 14919 MS ARSHDEEP KAUR JUDGE ACS - 33911
28 14923 MR KARM SAWHNEY ACS - 64986
ICSI-NIRC Newsletter I July 2021 102
CSBF
29 14926 MR LALIT KUMAR ACS - 49701
30 14930 MR DEVESH UPPAL ACS - 53648
31 14937 MS JASLEEN KAUR ACS - 55304
32 14941 MR DHRUV SHARMA FCS - 10760
33 14942 MR MOHD ZAFAR FCS - 9184
34 14944 MR CHANDRAKANT GUPTA ACS - 50829
35 14945 MR AKSHAY SACHAN ACS - 55246
36 14947 MR ARPIT KALANI ACS - 63919
37 14951 MR VIPUL JAIN ACS - 59021
38 14961 MR DHEERAJ ACS - 27493
39 14967 MR MAYANK ACS - 57784
40 14968 MR ASHU DHALL ACS - 50635
41 14971 MR PRINCE KUMAR FCS - 11000
42 14972 MR SUMIT GOYAL ACS - 54398
43 14974 MS DIVYA KHANNA ACS - 53941
44 14976 MS MONIKA GUPTA ACS - 59297
45 14979 MR MOHAMMAD KHALID ACS - 34335
46 14980 MR MUSTKEEM ACS - 56334
47 14982 MR SURESH KUMAR GUPTA FCS - 11059
48 14987 MS SONI PANDIYA ACS - 60696
49 14989 MR PRADEEP KUMAR ACS - 63052
50 14993 MR ANUPAM SRIVASTAVA ACS - 54503
51 15000 MR ROHIT SHRIVASTAVA ACS - 56732
52 15007 MR BHANU BHARGAVA ACS - 30370
53 15010 MS POOJA SINGH ACS - 39178
54 15012 MR NITESH KUMAR JHA ACS - 64377
55 15013 MR ASHWANI KUMAR ACS - 53574
56 15018 MR DEEPENDRA KUMAR MISHRA ACS - 63335
57 15024 SH PIYUSH AGARWAL ACS - 25165
58 15028 MR WASEEM ANWAR ACS ndash 39572
59 15029 SH VIKAS SETHI ACS - 17411
60 15037 MR SHOBHIT KUMAR KUSHWAHA ACS - 46660
61 15039 MR RAVI SHARMA ACS - 54818
62 15044 MR ANURAG PANDEY ACS - 50091
ICSI-NIRC Newsletter I July 2021 103
CSBF
63 15051 MS SHIVANGI SHARMA ACS - 59088
64 15053 MS DEEPTI JOSHI ACS - 51950
65 15058 MR JAGBIR SINGH FCS - 10983
66 15061 MR LOKESH SHARMA ACS - 50553
67 15062 MR KAMRAN SIDDIQUI ACS - 46943
68 15065 MS NEHA SRIVASTAVA ACS - 43927
69 15066 MS RUPALI SHARMA ACS - 37249
70 15070 MR SACHIN GUPTA ACS - 60203
71 15077 SH ASHISH MALKOTIA ACS - 17526
72 15078 MS NIDHI BHARDWAJ ACS - 56098
73 15080 SH ABHINAV RASTOGI ACS - 17692
74 15084 MR ASHISH MISRA ACS - 29368
75 15091 SH RATNESH PRASAD RUKHARIYAR FCS - 5833
76 15094 MR RAHUL CHOUDHARY ACS - 52647
77 15096 MR SHRAWAN KUMAR SHUKLA ACS - 53492
78 15099 MR SHIVAM GOEL ACS - 57386
79 15103 MR YOGESH MAHESHWARI ACS - 39675
80 15106 MS ANUJA JAIN ACS - 57084
81 15107 SH BANOJ KUMAR PRADHAN ACS - 15324
82 15116 MS REETIKA JHOTA ACS - 22130
83 15124 MS SANJANA CHHABRA ACS - 49167
84 15125 MR VAIBHAV SHUKLA FCS - 10556
85 15127 MS POOJA AGGARWAL ACS - 27524
86 15130 MR BHUPENDRA KAUSHIK FCS - 9884
87 15132 MS GAUTAMI GUPTA ACS - 57547
88 15138 MS SHINJINI MUKHERJEE ACS - 65425
89 15140 MS DEEPIKA SIDANA ACS - 55544
90 15141 MR ANMOL KAPOOR ACS - 57017
91 15142 MR KARAN SINGH ACS - 46641
92 15143 SH VIJAY KUMAR KAKKAR ACS - 25145
93 15144 MR NARENDER KUMAR ACS - 40175
94 15150 MS MANSI AWANA ACS - 36655
95 15154 MR AMIT KUMAR ACS - 61851
96 15155 MR AYUSH KUMAR JAIN ACS - 56424
97 15156 MS REKHA RANI NARANIWAL ACS - 38803
ICSI-NIRC Newsletter I July 2021 104
CSBF
98 15158 MS ANJALI GUPTA ACS - 20688
99 15164 MS NIDHI DANG FCS - 10548
100 15168 MR GYANESH KUMAR MISHRA ACS - 46816
101 15170 MS JASWANT KAUR ACS - 18106
102 15173 MS MEHAK GUPTA FCS - 10703
103 15175 MS SHILPI FCS - 11047
104 15177 MS SHEETAL NAHARIA FCS - 11193
105 15178 SH SURENDRA KUMAR SHARMA FCS - 5737
106 15180 MR ASHISH BANSAL ACS - 40217
107 15195 SH NARENDER KUMAR SHARMA FCS - 3189
108 15198 MS POOJA KUMARI ACS - 41504
109 15201 MS UPASNA THAKRAL ACS - 35559
110 15202 MS RENU ACS - 50393
111 15206 MR SWAPNIL AWASTHI ACS - 65802
112 15209 MS ANSHULA CHOUDHARY FCS - 10639
113 15220 MR ISHAN KHANNA ACS - 53517
114 15232 MS VIDHI KANSAL ACS - 24018
115 15233 MR NEERAJ KUMAR KHATRI ACS - 36858
116 15234 MR NIRBHAY ROCHWANI ACS - 44914
117 15235 MR SUMIT RAWAT ACS - 58125
118 15237 MS ARCHITA GUPTA ACS - 39294
119 15238 MS ANKITA GUPTA ACS - 27518
120 15239 SH SATISH KUMAR NIRANKAR FCS - 9605
121 15241 SH VIKASH JOSHI ACS - 19524
122 15245 MR VIKAS YADAV ACS - 43530
123 15250 MRS SHALU VARSHNEY ACS - 17344
124 15253 MS DEEPTI ARORA ACS - 31707
125 15254 MR MOHIT VARSHNEY ACS - 60762
126 15255 MS SHIKHA GOYAL ACS - 60381
127 15257 MS ANNU GUPTA ACS - 47525
128 15258 MR NITESH KUMAR YADAV ACS - 61297
129 15259 MR AAKARSHIT JAI ACS - 63632
130 15260 MS MEHAK MONGA ACS - 43728
131 15261 MR GAUTAM KHURANA ACS - 64072
132 15262 MR ISHAAN SHARMA ACS - 65147
133 15263 MS PALLAVI KAPOOR ACS - 64753
134 15264 MS MANISHA GUPTA ACS - 62708
135 15266 SH LALAN KUMAR SINGH FCS - 7837
136 15269 MR AKASH KANDOI ACS - 48651
137 15272 MR NISHANT PRITAM RAJ ACS - 64110
138 15273 MR INDRA JEET YADAV FCS - 10330
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-
NIRC-ICSI NEWSLETTER
bull NIRC-ICSI newsletter is generally published every month
bull Articles on subjects of interest to company secretaries are welcome
bull Views expressed by contributors are their own and the NIRC-ICSI does not accept any responsibility
bull The NIRC-ICSI is not in any way responsible for the result of any action taken on the basis of the advertisements
published in the newsletter
bull All rights reserved
bull No part of this newsletter may be reproduced or copied in any form by any means without the written
permission of the NIRC-ICSI
bull Soft copy of this issue of newsletter is also available on the website of the NIRC-ICSI
copy The Northern India Regional Council of the Institute of Company Secretaries of India
Published by CS Sonia Baijal Regional Director for and behalf of Northern India Regional Council of the Institute
of Company Secretaries of India 4 Prasad Nagar Institutional Area New Delhi - 110005 e-mail
niroicsiedu Phones 49343000 Published at NIRC - ICSI 4 Prasad Nagar Instl Area New Delhi
THE REGIONAL COUNCIL CHAIRMAN
CS VIMAL KUMAR GUPTA
VICE CHAIRMANCS SUSSHIL DAGA
SECRETARYCS DEVENDER SUHAG
TREASURERCS HIMANSHU HARBOLA
MEMBERS (IN ALPHABETICAL ORDER)CS AMIT GUPTA
CS BHUPESH GUPTA
CS GURVINDER SINGH SARIN
CS MONIKA KOHLI
CS SAURABH KALIA
CS SURESH PANDEY
CS SURYA KANT GUPTA
CS VINAY SHUKLA
EX-OFFICIO MEMBERSCS HITENDER MEHTA
CS MANISH GUPTA
CS NPS CHAWLA
CS RANJEET PANDEY
CS VINEET K CHAUDHARY
REGIONAL DIRECTORCS SONIA BAIJAL
Inside
- From the Chairman NIRC
- Glimpses
- Articles
- CSBF
CONTENT
FROM THECHAIRMAN
ICSI-NIRC Newsletter I July 2021 04
FROM THE CHAIRMAN
DearProfessionalColleagues
Greetings from ICSI-NIRC
I hope that all of you are safe and doing well in both personal and professional life NIRC is doing its bit in developing the
skill sets of both members and students by way of organizing various Master Classes Webinars training programs etc
NIRC is overwhelmed by the response of participants in its endeavors I request you keep supporting the events of NIRC
at Regional and Chapter level
The 40th Annual General Meeting of the members of the Institute of Company Secretaries of India (ICSI) in the Northern
Region forming part of Northern India Regional Council (NIRC) is scheduled to be held on Wednesday the 28th July
2021 at 1000 AM through online video conferencing
NIRC has announced another Virtual MSOP I am sure that participants are taking full advantage of learning while sitting
at the comfort of Home At the same time I wish that we may switch over to Physical mode as soon as possible NIRC will
be hosting 21st All India Essay Writing Competition We will share the details in due course
Friends it has been continuous endeavor of the NIRC to support all its stakeholders I take this opportunity to briely
highlight some of the major activities developments that have taken place during the month of Juneamp July 2021
thWebinaronOpportunitiesunderArbitrationon17 June2021thNIRC organized a Webinar on theme Opportunities under Arbitration on 17 June 2021 CS NPS Chawla Central
Council Member ICSI amp Associate Partner Vaish Associates was the Guest speaker during the webinar CS GS Sarin Past
Chairman NIRC-ICSI was the Program Director The webinar was attended by around 600 members The webinar was
part of PCS Day week long celebrations I wish to place on record my sincere thanks and gratitude to the Guest Speaker
for sparing his time amp sharing his words of wisdom with the participants
WebinaronOpportunitiesasRegisteredValueron18June2021
NIRC organized a Webinar on the theme Opportunities as Registered Valuer on 18th June 2021 CS (Dr) Ajay Garg
Corporate Valuer Counsel and Lawyer was the Guest speaker during the webinar CS GS Sarin Past Chairman NIRC-ICSI
was the Program Director The webinar was attended by around 600 members The webinar was part of PCS Day week
long celebrations I am thankful to CS (Dr) Ajay Garg ji for sparing his time amp sharing his rich experience with the
delegates present
ICSI-NIRC Newsletter I July 2021 05
FROM THE CHAIRMAN
WebinaronDiscussiononPrinciplesofGovernancefromIndianScriptureson19
June2021
NIRC organized a Webinar on the theme Discussion on Principles of Governance from Indian Scriptures on 19th June
2021 CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of
Accountants) was the Guest speaker CS Amit Gupta Regional Council Member NIRC-ICSI was the Program DirectorI am
thankful to CS (Dr) P V S Jagan Mohan Rao ji for sharing his knowledge and keeping the session interactive
FelicitationCeremonyOrganizedByNIRC-ICSIasPartofPCSDayCelebrationson19
June2021
With a view to commemorate PCS Day on 15th June NIRC of ICSI as part of PCS Day celebrations organized a Felicitation
Ceremony through online mode on 19th June 2021 to felicitate the following -
1 Company Secretaries who are in Practice for more than 25 years
2 Firms of Company Secretaries in Practice having minimum of 3 Partners as on date
3 Firms of Company Secretaries in Practice having minimum of 3 qualiied Company Secretaries on rolls (with CS
in) as on date
CelebrationsofInternationalDayofYoga2021
ICSI ICAI amp CMA jointly commemorated International Day of Yoga by organizing a Webinar on How to Rejuvenate from stCOVID Impact through Yoga on 21 June 2021 Swami Ramdevji International Yog Guru was the Chief Guest CA (Dr)
Girish Ahuja Tax Guru CS Nagendra D Rao President ICSI CA Nihar N Jambusaria President ICAI and CMA Biswarup
Basu President CMA were the Guest of Honour The Webinar was attended by around 45000 participants I am thankful
to all the dignitaries for sparing their time and encouraging the participants to do Yoga
4DaysonlineMasterClassonGST-NewOpportunities(21edition)
NIRC organized 4 Days Online Master Class on theme GST Opportunities from Tuesday 28th June 2021 to Saturday
03rd July 2021 The Master Class was to commemorate GST Day CS (Adv) Sumit Wadhwa Abbot Law Ofice was the
Guest Speaker on 28th June 2021 He spoke on the topic GST Fundamentals ndash Practical Overview CA Akshay Kumar
Jain Akshay Kumar Jain amp Co LLP was the Guest Speaker on topic Input Tax Credit and Returns on 30th June 2021 CS
Jagmohan Bansal Sr Advocate was the Guest Speaker on 2nd July 2021 He spoke on the topic Role of Professional And
Litigations in GST Arena and CS Sanjay Malhotra Practicing Company Secretary was the Guest Speaker on 3rd July
2021 His coverage included Time and Place of Supply - Relevance And Signiicance CS GS Sarin Chairman PCS
Committee and Past Chairman NIRC-ICSI was the Program Director The Master Class was attended by good number of
Participants I am thankful to all the speakers for sparing their valuable time and sharing their rich experience with the
members
nd4DaysonlineMasterClassonFEMA(22 edition)
NIRC organized 4 Days Online Master Class on theme FEMA from Monday 05th July 2021 to Thursday 08th July 2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells was Guest
Speaker He covered the topics which includes Foreign Direct Investments amp Overseas Direct Investments External
Commercial Borrowings (ECB) amp Imports Export amp Liberalised Remittance Scheme (LRS) Compounding under FEMA
amp Late Submission Fees etc The Master Class was attended by good number of Participants I am thankful to CS Atul
Mittal ji for sparing his valuable time on all four days of Master Class and sharing his words of wisdom with the
participants
ICSI-NIRC Newsletter I July 2021 06
FROM THE CHAIRMAN
WebinaronSEBI-LODRon9July2021
NIRC organized a Webinar on the theme SEBI-LODR on 9th July 2021 Ms Purna Devi Director Global Compliance amp
Reporting Entity Compliance and Governance EY was the Guest speaker CS Himanshu Harbola Treasurer NIRC-ICSI
was the Program Director I am thankful to the speaker for sparing her time and sharing of knowledge with the
participants
ICSIMegaPlacementDrive-I
ICSI Mega Placement Drive I of Northern Region is scheduled through Virtual mode for young members This provides
beneit to both recruiters and candidates as its convenient to interact without getting into the hassle of commuting and
still getting the insight of the Organizations and Candidates
StudentMonth
ICSI-NIRC celebrated the month of July 2021 as the Student Month starting with planting of sapling on 1st July 2021 ie
Van Mohatsav and subsequently various online activities were organized for students including Life Skills Sessions Soft
Skills Sessions PPT making Competition Samadhan Divas etc A good number of students participated in all the
activities
ManagementSkillsOrientationProgram(MSOP)
Valedictoryof321batchofMSOP
The Valedictory function of 321st Batch of MSOP held on 17th June 2021 CS Vijay Kumar Kaul Practicing Company
Secretary was the Chief Guest of the occasion We distributed the MSOP Completion certiicates and awards to the
participants
Inaugurationof322ⁿBatchofMSOP
We inaugurated 322nd Batch of MSOP through online mode on 29th June 2021
OnlineCareerAwarenessPrograms
NIRC organized various Online Career Awareness Programs for Students and Teachers of various Schools amp Colleges We
apprised the students and their parents about the Role of Company Secretary Company Secretary in Employment
Company Secretary in Practice and Eligibility Validity and Cut-off Dates for Registration in CS
I look forward to your valuable suggestions and feedback Feel free to interact with me at chairmannircicsiedu
Stay Safe Stay Healthy take care
With best regards
CSVimalGuptaChairmanNIRC-ICSI
Mob99833242829314324282
GLIMPSES
ICSI-NIRC Newsletter I July 2021 08
GLIMPSES
CelebrationsofInternationalDayofYoga2021
Swami Ramdev ji International Yog Guru CS Nagendra D Rao President ICSI CS Manish Gupta Central Council
Member ICSI CS Vimal Gupta Chairman NIRC-ICSI and CA (Dr) Girish Ahuja Tax Guru addressing the Participants
Screen View of session
ICSI-NIRC Newsletter I July 2021 09
GLIMPSES
WebinaronthethemeOpportunitiesunderArbitrationon17June2021
CS NPS Chawla Central Council Member ICSI amp Associate Partner Vaish Associates addressing the Participants Also
seen CS Vimal Gupta CS Devender Suhag Secretary NIRC-ICSI CS GS Sarin Past Chairman NIRC-ICSI and CS Sonia
Baijal Regional Director NIRC-ICSI
WebinaronthethemeOpportunitiesasRegisteredValueron18June2021
CS (Dr) Ajay Garg Corporate Valuer Counsel and Lawyer addressing the Participants Also seen CS Vimal Gupta and CS
GS Sarin
FelicitationCeremonyorganizedbyNIRC-ICSIaspartofPCSDaycelebrationson19June2021
CS Vimal Gupta CS Manish Gupta CS NPS Chawla CS Nesar Ahmad Past President ICSI CS Suresh Pandey Immediate
Past Chairman NIRC-ICSI CS GS Sarin CS Saurabh Kalia Regional Council Member NIRC-ICSI CS Monika Kohli Regional
Council Member NIRC-ICSI and CS Bhupesh Gupta Regional Council Member NIRC-ICSI addressing the Participants
ICSI-NIRC Newsletter I July 2021 10
GLIMPSES
FelicitationofmembersonPCSDay
WebinaronthethemeDiscussiononPrinciplesofGovernancefromIndianScriptureson19June2021
CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of Accountants)
addressing the Participants Also seen CS GS Sarin CS Suresh Pandey CS Amit Gupta Regional Council Member NIRC-
ICSI CS Saurabh Kalia and CS Sonia Baijal
WebinaronThemeSEBI-LODRon9July2021
Ms Purna Devi Director Global Compliance amp Reporting Entity Compliance and Governance EY addressing the
Participants Also seen CS Vimal Gupta CS Himanshu Harbola Treasurer NIRC-ICSI and CS Sonia Baijal
FelicitationofmembersonGSTDay
ICSI-NIRC Newsletter I July 2021 11
GLIMPSES
4DaysOnlineMasterClassonGSTOpportunities(21Edition)from28June2021to03July2021
Day129062021
CS (Adv) Sumit Wadhwa Abbot Law Ofice addressing the Participants Also seen CS Vimal Gupta and CS GS Sarin
Day230062021
CA Akshay Kumar Jain Akshay Kumar Jain amp Co LLP addressing the Participants Also seen CS GS Sarin
Day302072021
CS Jagmohan Bansal Sr Advocate addressing the Participants Also seen CS GS Sarin
Day403072021
CS Sanjay Malhotra Practicing Company Secretary addressing the Participants Also seen CS GS Sarin and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 12
GLIMPSES
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiUniversityofInformationTechnology
CS Nagendra D Rao President ICSI CS Sonal Jain Chairperson Ghaziabad Chapter of NIRC-ICSI CS Sakshi Mittal
Management Committee Member Ghaziabad Chapter of NIRC-ICSI and CS Arjunn Kr Tyagi Immediate Past Chairman
Ghaziabad Chapter of NIRC-ICSI addressing the Participants Also seen Dr Annu Behl Mehra Prof MUIT Dr Akhand
Pratap Singh Registrar MUIT Prof (Dr) KB Asthana Dean Maharishi Law School MUIT CS Awanish Srivastava Mr A
K Srivastava Joint Secretary ICSI CS Nitin Goel Mr Vinay Kumar Chapter Incharge Ghaziabad Chapter of NIRC-ICSI
along with other dignitaries
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiAggarwalCollegeBallabgarhFaridabadInstituteofManagementampTechnology
FaridabadampPtJLNGovtCollegeFaridabad
CS Vimal Gupta CS Arun Goel Chairman Faridabad Chapter of NIRC-ICSI CS Anmol Nakra Vice- Chairman Faridabad
Chapter of NIRC-ICSI Dr Krishan Kant Principal Aggarwal College Dr Rekha Sain Dr Manoj Shukla Aggarwal College
Prof (Dr) Ravi K Handa Director IMT College Dr Parul Khanna Vice- Principal IMT College Dr M K Gupta Principal
Pt JLN Govt College Ms Preeti Kapoor Asso Prof Pt JLN Govt College Ms Suman Iyer EO Faridabad Chapter of NIRC-
ICSI along with other dignitaries
ICSI-NIRC Newsletter I July 2021 13
GLIMPSES
stValedictoryFunctionndash321 MSOP
CS Vijay Kumar Kaul Practicing Company Secretary CS Vimal Gupta CS SusshilDaga Vice-Chairman NIRC-ICSI CS
Devender Suhag CS Himanshu Harbola CS Suresh Pandey CS GS Sarin and CS Surya Kant Gupta Regional Council
Member NIRC-ICSI addressing the Participants
ndInauguralFunctionndash322 MSOP
CS Vimal Gupta and CS Suresh Pandey addressing the Participants
4DaysOnlineMasterClassonFEMA(22ⁿEdition)from5July2021to8July2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells addressing the
Participants Also seen CS Vimal Gupta CS Devender Suhag and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 14
AGM
Notice is hereby given that the 40th Annual General Meeting of the members of the Institute of Company Secretaries of
India (ICSI) in the Northern Region forming part of Northern India Regional Council (NIRC) will be held on Wednesday
the 28th July 2021 at 1000 AM through online video conferencing at the link to transact the httpsbitly3qUlgZZ
following business(es)-
1 To receive consider and adopt Audited Balance Sheet as at 31st March 2021 the Income and Expenditure
account for the year ended on that date Report of the Regional Council and Auditors Report thereon
2 To appoint Ms Mukesh A Mittal amp Co Chartered Accountants Delhi as Statutory Auditors in place of retiring
Auditors Ms Mittal amp Mittal Associates Chartered Accountants to hold ofice from the conclusion of this Annual
General Meeting until conclusion of the next Annual General Meeting and to ix their remuneration
By order of The Northern India Regional Council of ICSI
Notice Of Annual General Meeting
(CSDEVENDERSUHAG)SecretaryNIRC-ICSIPlace New Delhi
Dated 13 July 2021
Note(s)
1 The members are requested to send their queries on inancial accounts andor functioning of NIRC through email
at niroicsiedu at least three (3) days in advance so that answers may be made available at the meeting
2 Members are requested to update the changes in their address(es) e-mail IDs contact details and other
particulars in their respective members account on ICSI portal for enabling NIRC to disseminate information
about activities and programs
3 In order to promote the Green Initiative the ICSI vide its letter dated 21102011 directed all its Regional Councils
to send the Annual Report to the members through electronic mode Accordingly NIRC is sending Annual Report
for the year 2020-21 through e-mail Members may also viewdownload Annual Report from the child portal of
NIRC ICSI (httpswwwicsiedunirohome)
4 Due to COVID-19 no physical copy of Annual Report shall be available for reference of the members
5 Web link to Join Annual General Meeting is (the link will be activated at 0940 AM on 28th httpsbitly3qUlgZZ
July 2021)
ICSI-NIRC Newsletter I July 2021 15
AGM
To
TheMembersofNIRCoftheICSI
REPORTONTHEAUDITOFTHEFINANCIALSTATEMENTS
Opinion
We have audited the accompanying standalone inancial statements of NORTHERNINDIAREGIONALCOUNCILOF
THEINSTITUTEOFCOMPANYSECRETARIESOFINDIANew Delhi which comprise the Balance Sheet as at 31st March
2021 and the statement of Income and Expenditure Cash Flow and a summary of the signiicant accounting policies and
other explanatory information
In our opinion and to the best of our information and according to the explanations given to us said Balance Sheet the
Income and Expenditure Account and Cash Flow Statement read together with the Schedule amp Notes thereon give a true
and fair view
1 In so far as it relates to the Balance Sheet of the State of Affairs of the NIRC of the ICSI as at 31st March 2021 and
2 In so far as it relates to the Income amp Expenditure account of the Excess of Income over the Expenditure of the
NIRC of the ICSI for the year ended on that date
3 In so far as it relates to the Cash Flow Statement of Cash Flow of the NIRC of the ICSI for the year ended on that
date
BasisforOpinion
We conducted our audit in accordance with the Standards on Auditing (SAs) generally accepted in India Our
responsibilities under those Standards are further described in the Auditors Responsibilities for the Audit of the
Financial Statements section of our report We are independent of the Entity in accordance with the Code of Ethics
issued by the Institute of Chartered Accountants of India together with the ethical requirements that are relevant to our
audit of the inancial statements and we have fulilled our other ethical responsibilities in accordance with these
requirements and the Code of Ethics We believe that the audit evidence we have obtained is suficient and appropriate
to provide a basis for our opinion
ResponsibilityoftheManagementfortheFinancialStatements
The NIRC of the ICSI are responsible for the preparation of these inancial statements that give a true and fair view of the
inancial position and inancial performance and cash low of NIRC of the ICSI in accordance with the accounting
principles generally accepted in India and formulated by the ICSI This responsibility also includes maintenance of
adequate accounting records in accordance with the applicable provisions for safeguarding the assets of the NIRC of the
ICSI and for preventing and detecting frauds and other irregularities selection and application of appropriate
accounting policies making judgments and estimates that are reasonable and prudent and design implementation and
maintenance of adequate internal inancial controls that were operating effectively for ensuring the accuracy and
completeness of the accounting records relevant to the preparation and presentation of the inancial statements that
give a true and fair view and are free from material misstatement whether due to fraud amp error
Independent auditorrsquos report
ICSI-NIRC Newsletter I July 2021 16
AGM
AuditorsResponsibilitiesfortheAuditoftheFinancialStatementsOur objectives are to obtain reasonable assurance about whether the inancial statements as a whole are free from
material misstatement whether due to fraud or error and to issue an auditors report that includes our opinion
Reasonable assurance is a high level of assurance but is not a guarantee that an audit conducted in accordance with SAs
will always detect a material misstatement when it exists Misstatements can arise from fraud or error and are
considered material if individually or in the aggregate they could reasonably be expected to inluence the economic
decisions of users taken on the basis of these inancial statements
As part of an audit in accordance with SAs we exercise professional judgment and maintain professional skepticism
throughout the audit We also
bull Identify and assess the risks of material misstatement of the inancial statements whether due to fraud or
error design and perform audit procedures responsive to those risks and obtain audit evidence that is
suficient and appropriate to provide a basis for our opinion The risk of not detecting a material misstatement
resulting from fraud is higher than for one resulting from error as fraud may involve collusion forgery
intentional omissions misrepresentations or the override of internal control
bull Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and
related disclosures made by management
bull Conclude on the appropriateness of managements use of the going concern basis of accounting and based on
the audit evidence obtained whether a material uncertainty exists related to events or conditions that may cast
signiicant doubt on the Entitys ability to continue as a going concern If we conclude that a material
uncertainty exists we are required to draw attention in our auditors report to the related disclosures in the
inancial statements or if such disclosures are inadequate to modify our opinion Our conclusions are based on
the audit evidence obtained up to the date of our auditors report However future events or conditions may
cause the Entity to cease to continue as a going concern
bull Evaluate the overall presentation structure and content of the inancial statements including the disclosures
and whether the inancial statements represent the underlying transactions and events in a manner that
achieves fair presentation
Furtherwereportthat a) We have obtained all the information and explanations which to the best of our knowledge and belief were
necessary for the purpose of our audit
b) In our opinion proper books of accounts as required by law amp ICSI have been kept by the Regional Council
so far as it appears from our examination of books amp records
c) The Balance Sheet the Income and Expenditure Account and Cash Flow Statement are in agreement with
the books of accounts presented before us
d) In our opinion Income and Expenditure Account Balance Sheet and Cash Flow Statement comply with the
accounting guidelines as adopted by the Institute
For MITTAL amp MITTAL ASSOCIATES
CHARTERED ACCOUNTANTS
Firm Regn No 014511N
Sd-
(CAMUKESHMITTAL)
Membership No 092534
Partner Place New Delhi
Date 01062021
UDIN 21092534AAAADH2668
ARTICLES
Introduction
A change always have positive and negative effects Same happened with this law called Goods and Service Tax BJP
Government was trying to introduce this concept since 2002 The committee for GST was formed in the year 1999 by our
Prime Minister Atal Bihari Vajpayee It was our Prime Minister who in the year 1999 understood that there shall be
single indirect tax system among the country to reduce the burden on the businessman But the approval from the
opposition took too long to implement Just like said earlier that changes always lead to discussions and disagreement st
GST was the idea of Mr Atal Bihari Vajpayee and came into force under the Modi Government on 01 July 2017 midnight
Along with opposition party (congress) businessmen common people shopkeepers etc were against the government
It was hard for them to accept GST
WhichcountryGSTModelAdoptedbyIndia
GST was irst adopted by France in the year 1954 with 4 tax slab rates (21 55 10 and 20) Amongst the tax
rates 20 is the standard rate applicable to most of the goods in France After France more than 140 countries adopted
GST model and some of the countries adopted Dual-GST model Canada is one of the country with dual GST model and
India adopted the same
Dual-GST It is referred where tax is collected by federal government and then distributed to respective states
WhyGSTwasimplementedinIndia
The main objective of GST implementation was to eliminate double taxation ie from manufacturing level to
consumption level Earlier VAT and sales tax was part of indirect tax and manufactures were liable for VAT and consumer
was liable for Sales tax due to which price of the product used to increase For the beneit of the nation GST came into
effect in the year 2017 despite of any reluctance to the changes
Earlier many were against the GST model but slowly and steadily they understood that with the introduction of GST the
pricing of the product has been made easy and cost of some products has been introduced With the introduction of GST
businesses are able to earn proit because of One Nation One Tax formula
Since the launch of GST government implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull 025 applied to cut and semi-polished stones
bull 5 on household necessities such as sugar spices tea and coffee
bull 12 on computers and processed food
bull 18 on toothpaste hair oil soap etc
bull 28 to luxury items such as cigarettes cars bike refrigerators etc
Goods andService TaxCS Yati Mittal ACS
csyatimittalgmailcom
ARTICLE
ICSI-NIRC Newsletter I July 2021 18
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TypesofGST
1 Central Goods and Service Tax (CGST) It is charged on the intra state supply of products and services
2 State Goods and Service Tax It is charged on the supply of products and services within the state
3 Integrated Goods and Service Tax It is charged on the inter state supply of products and services
4 Union Territory Goods and Service Tax It is charged on the supply of goods and services of Union Territories
HowtoavailGSTNumber
Under GST regime below persons are required to obtain GST IN number
1 Any businesses whose turnover exceeds Rs 40 Lakh in a inancial year for a normal category states and
Rs20 lakh for a special category states
2 Person registered under previous law (VAT Service Tax)
3 Registered business that has been transferred
4 Person making inter-state supplies
5 Non-resident taxable person
6 Agents of the supplier
7 Those paying tax under reverse charge mechanism
8 Person supplying online information and database access or retrieval
9 Person who supplies via e-commerce aggregator
Eligible persons are required to follow below mentioned steps to obtain GST IN number
1 Visit GST Portal
2 Click on Registration tab under Services tab and select NewRegistration
3 An application form will be opened which is divided in two parts ie Part A and B
4 Eligible persons are required to ill in the details so asked and submit the same
5 After submitting the required details ARN (Application reference number) will be sent to the registered
email id and mobile number for future reference
GSTFilingStructure
There are three types of GST taxpayer
Regular Taxpayers Composition TaxablePersons
Returns forSpeciic Transactions
ICSI-NIRC Newsletter I July 2021 19
ARTICLE
A RegularTaxpayers
Form GSTR-1 and GSTR-3B are to be iled by businesses and professionals registered with GST every month if their
annual turnover is exceeds Rs 5 crore Other taxpayer had an option to choose a quarterly return iling
From the quarter January 2021 even the businesses and professional whose turnover exceeds Rs 5 crore has an
option to opt for QRMP (Quarterly Return and Monthly Payment) Scheme where they can ile GSTR-1 and 3B
quarterly with monthly estimated GST payment
B CompositionTaxablePersons
A person registered under this scheme has to ile Form CMP-08 quarterly and Form GSTR-4 yearly by 30 April from
year 2019-2020 onwards Till FY 2018-19 persons registered under this scheme were liable to ile Form GSTR-4
quarterly and GSTR-9A annually
C ReturnsforSpeciicTransactions
Special transactions under GST have been deined with speciic GST returns such as
bull GSTR-5It is iled by non-resident foreign taxpayers who are registered with GST and carry their business in
thIndia It shall be iled by 20 of each month
bull GSTR-5A It is a summary return for reporting the outward taxable supplies and tax payable by Online
thInformation and Database Access or Retrieval Services (OIDAR) provider under GST It shall be iled by 20 of
each month
bull GSTR-6 It is iled by Input Service Provider This form carry the details of input tax credit received and
thdistributed It shall be iled by 13 of each month
bull GSTR-7It is iled by person who are liable to deduct TDS This form will contain details of TDS payable paid and
thclaimed It shall be iled by 10 of every month
bull GSTR-8Return iled by e-commerce operators registered under GST and who collects Tax at source (TCS) The
threturn shall be iled by 10 of every month
Conclusion
Persons businesses professionals registered GST has to ile the form as per the dates prescribed They will not be able to
ile any next return if any month quarter or year return is pending from their sides Moreover if there is any late iling
then interest and late fees are being calculated Following are the interest rates and penalties that are being levied on
late submission of forms
bull Interest 18 pa shall be calculated on the outstanding amount It shall be calculated on the net tax liability in
the ledger The interest shall be levied from the very next day of due date of actual date of form iling
bull As per CGST and SGST Rs 100- per day each late fees is levied which shall not exceed Rs 5000- No late fee is
prescribed under IGST
ICSI-NIRC Newsletter I July 2021 20
GST stands for Goods and Services Tax which became effective from July 1 2017 in India as one tax one nation It is an
Indirect tax which introduced to replacing a host of other Indirect taxes such as value added tax service tax purchase
tax excise duty and so on
GST is a destination-based tax levied on the consumption of goods and services across the nation thus rendering the
country one uniied common market
GST is a multi-stage tax system which is comprehensive in nature and applied on the sale of goods and services
throughout India
Aim The main aim of this taxation system is to curb the cascading effect of other indirect taxes
The goods and services tax (GST) is a value-added tax levied on most goods and services sold for domestic consumption
The GST is paid by consumers in addition of the sales price of the product but it is remitted to the government by the
businesses selling the goods and services
goods andservice tax (gst)
ARTICLE
ICSI-NIRC Newsletter I July 2021 21
CS Parul Jain ACS
csparulnishujain10121gmailcom
Destination-based tax vs Origin-based tax
A destination-based tax is one which is levied in the state where the goods or services are consumed and not where they
are produced On the other hand an origin-based tax is levied in the state where goods or services are produced (not
consumed) The views expressed are personal views of the author
and it should not be taken as views of the NIRC-ICSI
ARTICLE
GST is paid by the different businesses at different rates in the following manner
Manufacturer The manufacturer pays GST on the raw material that is purchased and the value that has been added to
make the product However the tax that has been paid by the manufacturer is reduced from the overall GST that must be
paid
Service Provider The service provider pays GST on the amount that is paid for the service provided and the value that
has been added to it
Retailer The retailer pays GST on the product that has been purchased from the distributor as well as the margin that
has been added However the tax that has been paid by the retailer can be reduced from the overall GST that must be
paid
Consumer GST must be paid on the product that has been purchased by the consumer
History of GST
On July 1st 2017 the Goods and Services Tax implemented in India But the process of implementing the new tax regime
commenced a long time ago In 2000 Atal Bihari Vajpayee then Prime Minister of India set up a committee to draft the
GST law
In 2006 Finance Minister proposed the introduction of GST from 1st April 2010 and in 2011 the Constitution
Amendment Bill passed to enable the introduction of the GST law In 2012 the Standing Committee started discussions
about GST and tabled its report on GST a year later In 2014 the new Finance Minister at the time Arun Jaitley
reintroduced the GST bill in Parliament and passed the bill in Lok Sabha in 2015 Yet the implementation of the law
delayed as it was not passed in Rajya Sabha
GST went live in 2016 and the amended model GST law passed in both the house The President of India also gave assent
In 2017 the passing of 4 supplementary GST Bills in Lok Sabha as well as the approval of the same by the Cabinet Rajya
Sabha then passed 4 supplementary GST Bills and the new tax regime implemented on 1st July 2017
Tax Laws Before the Implementation of GST
The Centre and the State used to collect tax separately Depending on the state the tax regimes were different
Even though import tax was levied on one individual the burden was levied on another individual In the cases of direct
tax the taxpayer must pay the tax
Prior to the introduction of GST direct and indirect taxes were present in India
Direct Taxes Refers to the taxes which are paid straight by an individual on whom it is imposed For instance Property
Tax Wealth Tax Gift tax and Income tax etc
Indirect Taxes Refers to the taxes which are charged as a burden reduction for others For instance Excise Duty Service
and Sales tax etc
India established a dual GST structure in 2017 which was the biggest reform in the countrys tax structure in decades
The main objective of incorporating the GST was to eliminate tax on tax or double taxation which cascades from the
manufacturing level to the consumption level
ICSI-NIRC Newsletter I July 2021 22
ARTICLE
India has since launching the GST on July 1 2017 implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull A rate of 025 applied to cut and semi-polished stones
bull A 5 tax on household necessities such as sugar spices tea and coffee
bull A 12 tax on computers and processed food
bull An 18 tax on hair oil toothpaste soap and industrial intermediaries
The inal bracket taxing goods at 28 applies to luxury products including refrigerators ceramic tiles cigarettes cars
and motorcycles
The previous system with no GST implies that tax is paid on the value of goods and margin at every stage of the
production process This would translate to a higher amount of total taxes paid which is carried down to the end
consumer in the form of higher costs for goods and services The implementation of the GST system in India is therefore
a measure that is used to reduce inlation in the long run as prices for goods will be lower
ICSI-NIRC Newsletter I July 2021 23
TaxRates Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
GST also gives a major push to domestic industries as they will be able to procure seamless input credit for capital goods
Make in India campaign is set to lourish after this reform
ARTICLE
TypesofGST
The four different types of GST are given below
ICSI-NIRC Newsletter I July 2021 24
Central Goods and Services Tax (CGST) CGST is charged on the intra state supply of products and services
Individuals who pay tax as per the reverse change mechanism Central goods and service tax is the amount which is
channelled to the central government of revenue department which is equal to SGST The speciic tax amount is for
remuneration for loss of the already existing excise duties which is supposed to be paid to the central government In
such a scenario of the regional sales the remaining 50 share of GST is sent to the CGST
StateGoodsandServicesTax (SGST) SGST like CGST is charged on the sale of products or services within a stateState
Goods and Service Tax is the integral part of tax which is transferred to the state government and state revenue
department This remunerates the loss of present Sales Tax and VAT to state government It is where the 50 share of
total tax imposed is transferred to the SGST tax
IntegratedGoodsandServicesTax (IGST) IGST is charged on inter-state transactions of products and servicesIGST
stands for the Integrated Goods and Services Tax which is imposed when the state-to-state sales and procurement is in
transition A speciic share is sent to the central government along with the partner state to which the goods and services
belong to The IGST is levied only when the two states procurement and sales take place
ARTICLE
RegistrationunderGST
It is mandatory for all Service providers buyers and sellers to register A business that makes a total income of Rs20
lakhs and more in a inancial year must be required to do GST registration It takes 2-6 working days to process
The below mentioned entities and individuals must register for Goods and Services Tax
middot E-commerce aggregators
middot Individuals who supply through e-commerce aggregators
middot Agents of input service distributors and suppliers
middot Non-Resident individuals who pay tax
middot Businesses that have a turnover that is more than the threshold limit
middot Individuals who have registered before the GST law was introduced
Any company that is eligible under GST must register itself in the GST portal created by the Government of India The
registered entities will get a unique registration number called GSTIN
A 15-digit distinctive code that is provided to every taxpayer is the GSTIN The GSTIN will be provided based on the state
you live at and the PAN Some of the main uses of GSTIN are mentioned below
w Loans can be availed with the help of the number
w Refunds can be claimed with the GSTIN
w The veriication process is easy with the help of the GSTIN
w Corrections can be made
The GST registration certiicate is issued in Form GST REG-06 The certiicate is not issued physically It is available in
digital format only A GST Certiicate is an oficial document that is issued by the concerned authorities for a business
that has been enrolled under the GST system GST Certiicate contains GSTIN Legal Name Trade Name Constitution of
Business Address Date of liability Period of Validity Types of Registration Particulars of Approving Authority
Signature Details of the Approving GST oficer and Date of issue of a certiicate
GST E-Way Bill
An electronic document that is generated to show proof of goods movement is the E-Way bill We can generate the bill
from the GST portal
BeneitsofGST
ICSI-NIRC Newsletter I July 2021 25
ARTICLE
The following are the advantages of goods and services tax in India
bull Regulation of the unorganised sector
bull E-commerce operators no longer suffer from differential treatment
bull Fewer complications
bull Composition scheme
bull Registration process and iling of returns are simple
bull Higher threshold
bull Elimination of the cascading tax effect
GoodsandServicesTaxNetwork
The GSTN is the Goods and Services Tax Network which is responsible for managing the IT system concerning the GST
Portal It is a non-proit non-government organization and is the database for the oficial GST Portal
The features of the GSTN can be listed as follows
bull Keeping the information of all the taxpayers safe and secure
bull Maintaining conidentiality of the taxpayers information
bull It is a trusted National Information Utility (NIU)
GSTN is responsible for handling
bull The invoices
bull The registrations
bull The payments and refunds (if any)
bull Different types of returns
GSTReturns
A GST Returns is a document that contains information about the income that a taxpayer must ile with the authorities
This information used to compute the taxpayers tax liability Under the Goods and Services Tax registered dealers must
ile their GST returns with details regarding their purchases sales input tax credit and output GST Businesses are
expected to ile 2 monthly returns as well as an annual return
Currently the GST is paid every month The GSTR-1 and GSTR-3B must be iled In the case of refunds the relevant forms
must be submitted as well GST payments can be made both online and ofline Once the payment has made a challan is
generated
TypesofGSTReturnsandDuedates
GSTR-1
GSTR-1 is the return to be furnished for reporting details of all outward supplies of goods and services made In other
words it contains the invoices and debit-credit notes raised on the sales transactions for a tax period GSTR-1 is to be
iled by all normal taxpayers who are registered under GST including casual taxable persons
ICSI-NIRC Newsletter I July 2021 26
ARTICLE
Monthlyby11thofeverysucceedingmonthif the business either has an annual aggregate turnover of more than Rs5
crore or has not opted into the QRMP scheme
Quarterlyby13thofthemonthfollowingeveryquarterif the business has opted into the QRMP scheme
GSTR-2A
GSTR-2A is a view-only dynamic GST return relevant for the recipient or buyer of goods and services It contains the
details of all inward supplies of goods and services ie purchases made from GST registered suppliers during a tax
period
GSTR-2B
GSTR-2B is again a view-only static GST return important for the recipient or buyer of goods and services
GSTR-2B provides action to be taken against every invoice reported such as to be reversed ineligible subject to reverse
charge
ICSI-NIRC Newsletter I July 2021 27
ARTICLE
GSTR-3B
GSTR-3B is a monthly self-declaration to be iled for furnishing summarised details of all outward supplies made input
tax credit claimed tax liability ascertained and taxes paid
GSTR-3B is to be iled by all normal taxpayers registered under GST The sales and input tax credit details must be
reconciled with GSTR-1 and GSTR-2B every tax period before iling GSTR-3B GST reconciliation is crucial to identify
mismatches in data that may lead to GST notices in future or suspension of GST registration as well
The iling frequency of GSTR-3B is currently as follows
thMonthly 20 of every following month for taxpayers with an aggregate turnover in the previous inancial year of more
than Rs5 crore or have been otherwise eligible but still opted out of the QRMP scheme
thQuarterly 24 of every following month of the quarter ended for the taxpayers with aggregate turnover is less than or
equal to Rs 5 crore eligible and remain opted into the QRMP scheme
ICSI-NIRC Newsletter I July 2021 28
GSTR-4
GSTR-4 is the annual return that was to be iled by the composition taxable persons under GST by 30th April of the year
following the relevant inancial year It has replaced the erstwhile GSTR-9A (annual return) from FY 2019-20 onwards
Prior to FY 2019-20 this return had to be iled on a quarterly basis Thereafter a simple challan in form CMP-08 iled by
18th of the month succeeding every quarter replaced it
ARTICLE
The composition scheme is a system in which taxpayers dealing with goods and having a turnover up to Rs15 crores can
opt into and pay taxes at a ixed rate on the turnover declared
GSTR-5
GSTR-5 is the return to be iled by non-resident foreign taxpayers who are registered under GST and carry out business
transactions in India
The return contains details of all outward supplies made inward supplies received creditdebit notes tax liability and
taxes paid
The GSTR-5 return is to be iled monthly by the 20th of each month under GSTIN that the taxpayer is registered in India
GSTR-5A
GSTR-5A refers to a summary return for reporting the outward taxable supplies and tax payable by Online Information
and Database Access or Retrieval Services (OIDAR) provider under GST
The due date to ile GSTR-5A is the 20th of every month
GSTR-6
GSTR-6 is a monthly return to be iled by an Input Service Distributor (ISD)
It will contain details of input tax credit received and distributed by the ISD It will further contain details of all
documents issued for the distribution of input credit and the manner of distribution
The due date to ile GSTR-6 is the 13th of every month
GSTR-7
GSTR-7 is a monthly return to be iled by persons required to deduct TDS (Tax deducted at source) under GST
This return will contain details of TDS deducted the TDS liability payable and paid and TDS refund claimed if any
The due date to ile GSTR-7 is the 10th of every month
GSTR-8
GSTR-8 is a monthly return to be iled by e-commerce operators registered under the GST who are required to collect tax
at source (TCS)
It contains details of all supplies made through the e-commerce platform and the TCS collected on the same
The GSTR-8 return is to be iled on a monthly basis by the 10th of every month
ICSI-NIRC Newsletter I July 2021 29
ARTICLE
GSTR-9
GSTR-9 is the annual return to be iled by taxpayers registered under GST It is due by 31st December of the year
following the relevant inancial year as per the GST law
It contains the details of all outward supplies madeinward supplies received during the relevant inancial year under
different tax heads ie CGST SGST amp IGST and a summary value of supplies reported under every HSN code along with
details of taxes payable and paid
It is a consolidation of all the monthly or quarterly returns (GSTR-1 GSTR-2A GSTR-3B) iled during that inancial year
GSTR-9 is required to be iled by all taxpayers registered under GST
However there are few exceptions such as taxpayers who have opted for the composition scheme casual taxable
persons input service distributors non-resident taxable persons and persons paying TDS under section 51 of the CGST
Act
GSTR-9C
GSTR-9C is the reconciliation statement to be iled by all taxpayers registered under GST whose turnover exceeds Rs2
crore in a inancial year as per the GST law
It must be certiied by a Chartered AccountantCost amp Management Accountant after conducting a thorough GST audit
of the books of accounts and comparing the igures with the GSTR-9
The deadline to ile this statement is the same as the due date prescribed for GSTR-9 ie 31st December of the year
following the relevant inancial year
GSTR-9C is to be iled for every GSTN hence one PAN can have multiple GSTR-9C forms being iled
GSTR-10
GSTR-10 is to be iled by a taxable person whose registration has been cancelled or surrendered This return is also
called a inal return and has to be iled within three months from the date of cancellation or cancellation order
whichever is earlier
GSTR-11
GSTR-11 is the return to be iled by persons who have been issued a Unique Identity Number (UIN) in order to get a
refund under GST for the goods and services purchased by them in India UIN is a classiication made for foreign
diplomatic missions and embassies not liable to tax in India for the purpose of getting a refund of taxes GSTR-11
contains details of inward supplies received and refund claimed
LateilingofGSTReturns
Return iling is mandatory under GST Even if there is no transaction you must ile a Nil return
You cannot ile a return if you do not ile the previous monthquarters return
Hence late iling of GST return will have a cascading effect leading to heavy ines and penalty
The late iling fee of the GSTR-1 is populated in the liability ledger of GSTR-3B iled immediately after such delay
ICSI-NIRC Newsletter I July 2021 30
ARTICLE
InterestandLatefeetobepaid
Interest is 18 per annum It has to be calculated by the taxpayer on the amount of outstanding tax to be paid It shall be
calculated on the net tax liability identiied in the ledger at the time of payment The time period will be from the next day
of iling due date till the actual date of payment
As per the CGST Act the late fee is Rs 100 per day per Act So it is Rs100 under CGST amp Rs 100 under SGST The total
shall be Rs 200day However there is a maximum levy of Rs 5000 There is no late fee separately prescribed under the
IGST Act Also for GSTR-1 and GSTR-3B the total late fee was reduced to Rs 50 day (Rs20 day for Nil iling)
Conclusion
The goods and services tax (GST) is a tax on goods and services sold domestically for consumption The tax is included in
the inal price and paid by consumers at point of sale and passed to the government by the seller The GST is a common
tax used by the majority of countries globally The GST is usually taxed as a single rate across a nation
Every year 1st of July is commemorated as the Financial Independence Day across the country whereupon the entire
MOP (Member of Parliament) took part in the Parliament house function The transformation of the GST jurisdiction
which was approved by +150 countries is not so easy to get done It was not just the complexities but also the confusions
were expected to pop up In a country like India there is a possibility of such complexities
ICSI-NIRC Newsletter I July 2021 31
GSTndashOneNationOneTax
GST an area of Vast Opportunities for the Professionals The Goods and Services Tax (GST) is a major taxation reform till
date implemented in India since independence which has replaced many indirect taxes in India such as the Excise duty
VAT services tax additional customs duty surcharges and Octroi etc The Goods and Service Tax Act was passed in the
thParliament on 29 March 2017 and came into effect on 1st July 2017The Parliament has enacted the Central Goods and
Services Tax Act 2017 (CGST Act) while the respective states have enacted their own law The Parliament has also
enacted the Union Territory Goods and Services Tax Act 2017 (UTGST Act) for taxation of intra-state supply within the
Union territories of the Country
GST is a tax which is levied on the supply of goods and services and the tax is levied at every point of sale GST Law in India
is a comprehensive multi-stage destination-based tax that is levied on every value addition GST laws have impacted
the life of the many professionals Enactment of GST Law in India is favorable for Tax Systems growth and prosperity of
our nation
NeedofGST
With the enactment implementation of GST Law new rules and amendments introduced in the taxation system The
Tax system has been improved and everything is required to do in the bracket of GST subsuming all the previously
applicable indirect taxes
ARTICLE
ICSI-NIRC Newsletter I July 2021 32
ldquocompany secretary asgst professionalrdquo
CS Lalit Rajput ACS
lalitrajput537gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TaxesunderGST
ICSI-NIRC Newsletter I July 2021 33
3MajorComponentsofGST
CGST SGST IGST
Ta x c o l l e c t e d b y t h e C e n t r a l
Government on an intra-state sale
Tax collected by the state government
on an intra-state sale
Ta x c o l l e c t e d b y t h e C e n t r a l
Government for an inter-state sale
Revenue - Shared equally between the Centre and the State Centre will share the IGST revenue
based on the destination of goods
GSTndashAnEmergingopportunityforCompanySecretaryProfessionals
ldquoOpportunitiesknockonlyonceatyourdoorrdquo-GSTisanopportunityforprofessionalslikeuswhich
providesanopportunitytoservelearnandearn
GST law is a consolidation of many indirect taxes laws amprules with the inputs rendered by the tax authorities GST
provides an opportunity to every professional including Company Secretaries (CS) Member of the ICSI to learn and
grow with the new Tax System Structure regardless of competition with experienced professionals of the ield as this
system is new and emerging for all
After the enactment of GST Law in the country the opportunities for professionals in the area of accounting services and
tax management have increased signiicantly and so the role of Professionals including Company Secretaries We
Company Secretaries can help businesses organizations to understand the necessary document needs which are
required to submit for GST registration and relevant GST compliance post registration with the concerned authority It is
our duty and responsibility as Governance Professionals to take interest in emerging opportunity provided by the
Finance Ministry new taxation system to understand fully and then advise concerned people organization accordingly
GST is a new career opportunity for us The requirement of GST experts professionals in the market is at peak due to
various economic reforms of the nation The newness of the GST concept and due to several changes came in this law
lucrative career opportunities have been creating in GST regime for GST professionals experts Due to the increased
emphasis in GST reforms the hiring intensity for GST professionals is at an overall high There has been a huge demand
for the GST talent experts in all the business verticals due to the criticality of the subject
ARTICLE
This is the right time to become a GST experts professional and take home hefty salary packages But since the level of
professional GST expertise required in the industry is high one has to be careful ampremain updated with all the latest
concepts of GST laws
GSTCoursepromotedbyICSI
As the demand of GST professionals has been increased in the industry The Institute of Company Secretaries of India
(ICSI) In order to give suficient practical knowledge of GST has come up with Certiicate course in GST Law which is an
advanced level course and shall test a candidates knowledge of various concepts of GST along with the transitional
issues The candidates successfully complete the Course are awarded a Certiicate by ICSI
This course enables members to understand the key areas of impact in their business prepare different scenarios for
the design and application of GST identify areas of adverse impact and prepare contingency measures examining legal
documentation for recovery of taxes on existing transactions etc
RoleofCompanySecretariesunderGSTRegime
Company Secretaries Members of ICSI are LawExpertsandComplianceMaster Under section 203 of the Companies
Act 2013 Company Secretary has been deined as KMPs ie Key Managerial Personnel means person who is in-
charge of maintaining the high standard of Corporate Governance by abiding laws and regulations in timely complied
manner In other countries Company Secretary is called as Corporate Secretary as he is responsible to take care of all the
compliances with statutory and regulatory requirements
Company Secretaries can play an important role in GST Regime Company Secretaries can act as a Consultant facilitator
and an advisor to the Corporates They can ensure smooth rollout of GST Law in India To minimize tax and smooth
implementation of GST the business would require restructuring their system and Company Secretary can render
required service to and ensure proper restructuring of business
ListofsomeactivitiesandComplianceMattersthatcanbeundertakenbyaCompanyundertheGST
Regime
1RegistrationofvariousBusinessformsundertheGSTLaws
As we all know that there is no professional certiication required to ile registration of any business form with the GST
Authorities Therefore a Company Secretary professional can also render registration services to the industry
2FilingofGSTReturnswiththeGSTAuthorities
To ile GST Returns whether monthly quarterly at GST Portal for all types of Business forms there is no professional
attestation certiication required Hence a Company Secretary professional with expertisein the GST matters can also
render registration services
3ConsultancytotheEntrepreneursandRestructuringtheirBusinessSystem
Being a Company Secretary we have been always considered as Corporate Law experts We dont need any Taxation
Degree to provide consultancy on the GST matters We can comprehensively interpret the law of GST and provide
complete guidance and advisory to the business entities
4Submissionofvariousreturnsinatimeboundmanner
We are responsible for the eficient and timely administration of the company and speciically ensuring statutory and
regulatory compliance We can guide in better compliance and governance and ensure that all activities undertaken to
achieve its aim are in compliance with legal ethical and regulatory requirements
ICSI-NIRC Newsletter I July 2021 34
ARTICLE
5E-waybillsrelatedissues
E-Way Bill is an Electronic Way bill for movement of goods to be generated on the e-Way Bill Portal and is mandatory for
a GST registered person transporting goods exceeding value of Rs 50000 (Single Invoicebilldelivery challan) We can
help the business entities persons registered under GST Law to generate the W-waybill on time
We can help and support business entities in Maintenance of appropriate registers and records of the organization as
required under GST Law regime
6Taxplanning
Tax planning is an important segment for every business We can help the industry owners entrepreneurs by Tax
planning services and helps in increasing availability of cash for investment business or personal needs We are
competent to understand the impact of laws changes modiications and its various alternatives and can be helpful in
proper tax planning under GST
7EnsureadequatestepsmeasureshasbeentakentopreventfromNon-Compliance
Procedural Compliance includes registration iling of returns payments of taxes assessment etc Since a Company
Secretary is already playing the role of a Compliance Oficer under various other laws he can assist in the same under
GST law also
8AmendmentsmodiicationsampClosureofBusiness
We can helps the registered person under GST Law to submit various applications for amendments or modiications
revocation and cancellation of GST Registration
Conclusion
Registration Amendments Closure Compliance Check requirements Audit and due diligence in the matters related to
GST Law in the Corporate Sectors needs a close watch and proper guidance and laws regulations should be followed by
the Company Secretaries Company Secretaries in Practice All the records and disclosures should be made properly
The Corporate Laws including GST becomes more tough and strict against Non ndash Compliances with respect to any
matter The dynamics of the boardroom are changing and chairmen and directors are realizing that they need specialist
skilled and technical knowledgeable person in this area and they are looking to company secretaries to provide this
expertiseWe are skilled expert professionals who understand legal inancial and compliance dimensions of business
entity comprehensively
ICSI-NIRC Newsletter I July 2021 35
GST is one of the biggest taxation reforms of independent India Its main object was to integrate State economies GST is
the most historic indirect tax reform and is implemented with the aim of enhancing the overall growth of the Nation
along with supporting the MakeInIndiainitiative It aims at creating a single uniied Indian market throughout the
Nation It is a comprehensive destination based indirect tax levy of goods as well as services at the national level
Its main objective is to consolidate multiple indirect tax levies into a single tax thus subsuming an array of tax levies
overcoming the limitations of previous indirect tax structure and creating eficiencies in tax administration
GST is a consumption-based tax which is levied on the basis of ldquoDestination principlerdquo The concept relates
to taxing the supply of goods or services at the point of consumption
It is a comprehensive tax regime covering both goods and services and is collected on value-added at each stage of the
supply chain Further GST paid on the procurement of goods and services can be set off against that payable on the
outward supply of goods or services In simple words Goods and Services Tax is a tax levied on goods and services
imposed at each point of supply GST is a national level tax based on value added principle just like State level VAT which
was levied as tax on sale of inter-state goods
The essence of GST is in removing the cascading effects ie tax on tax of both Central and State taxes by allowing setting-
off of taxes throughout the value chain right from the original producer and service
providers point up to the consumer level
GST is a major improvement over existing system of VAT and disjointed Service Tax ushering a collective gain for
industry trade and common consumers as well as for the Central Government and the State Governments at large
GST as a well-designed value added tax on all goods and services is the most elegant method to eliminate distortions
and to tax consumption
Time to time there had been many amendments in GST Act to remove hardness
In starting when GST came many small business men were thinking that this is a burden on them but time to time under
this act many sections were introduced for the ease of business
For example A composition scheme was introduced in this Act
This composition scheme is an option for speciied categories of small taxpayers to pay GST at a very low rate on the base
of turnover
Now this scheme can be opted by small business men whose turnover in preceding inancial year does not exceed Rs 15
Cr and in some speciied categories eg Arunachal Pradesh Uttarakhand Manipur Meghalaya Mizoram Nagaland
Tripura amp Sikkim this limit is Rs75 Lakh
All composition dealer who opts this scheme are not required to do much compliances and they have to ile quarterly
return in place of monthly return iling
ARTICLE
ICSI-NIRC Newsletter I July 2021 36
GST in IndiaCS Sarika Gupta ACS
cssarikaguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
Earlier this scheme was only for manufacturer trader and restaurant service providers
All manufacturer and traders who opt this scheme pay GST rate of 1 while all restaurant service providers pay GST
5 under this scheme
In spite of it anewsection10(2A)is also inserted which allows small service providers providing services other than
restaurant service to opt this scheme on presumption basis Only condition for this scheme is that aggregate turnover
should not exceed Rs 50 Lakh in the previous year In this scheme they have to pay GST 6 (CGST+ SGSTUTGST) on
irst supplies of services up to a value of Rs 50 lakhs made from the date of 1st April of current year
Wecanunderstandthissectionbyoneexample
A photographer Champak Lal has commenced photography service in Delhi from April this year His turnover for
various quarter is as follows
April- June Rs 20 Lakh July ndash Sept Rs 30 Lakh Oct ndash Dec Rs 20 Lakh
He takes registration when his turnover limit is crossed ie after the month of June when turnover limit exceeds Rs 20
Lakhs Now he can opt this scheme because in preceding year his turnover is nil ie below Rs 50 Lakhs
thFor payment of tax under this scheme turnover from 1st April to 30 June will be excluded as this time he did not take
registration in GST
He will pay GST 6 on next Rs 30 Lakh turnover of July to September quarter ie Rs 180000 under this scheme
By end of September month he crosses the eligibility Turnover limit of Rs 50 Lakhs of this scheme so he has to opt out
from this scheme and to adopt normal scheme While during the irst quarter April to June he was not registered in GST
but for eligibility of this scheme turnover of this quarter will also be counted in eligibility limit
Consequently Tax payable for quarter Oct- Dec will be 20 L18 ie Rs 360000 under normal scheme
In the same way earlier all traders and manufacturer who opt this composition scheme were not allowed to provide
services except restaurant services as well as all restaurant service providers also were not allowed to provide other
services except restaurant service
But now Secondprovisotosection10(1)allowsManufacturertraderandrestaurantserviceproviderstosupply
marginal services other than restaurant services along with Goods Restaurant service in CY of value not exceeding
10ofpreviousyearsturnoverorRs500000whichever is Higher
Wecanunderstandthisfromoneexample
Binod is engaged in supply of goods His aggregate turnover in preceding FY is 60 lakh Since his aggregate turnover in
the preceding FY does not exceed 15 crore he is eligible for composition scheme in current FY Further in current FY he
can supply services [other than restaurant services] up to a value of not exceeding
(a) 10 of Rs 60 lakhs ie Rs6 lakh or
Rs 5 lakhs whichever is igher
Thus time to time there are becoming many amendments in this Act for the ease of business In overall we can say GST
(GOODS AND SERVICE TAX) is a GoodandSimpleTax
ICSI-NIRC Newsletter I July 2021 37
GST is known as the Goods and Services Tax It is an indirect tax which has replaced many indirect taxes in India such as
the excise duty VAT services tax etc The Goods and Service Tax Act was passed in the Parliament on 29th March 2017
and came into effect on 1st July 2017
In other words GST is levied on the supply of goods and services Goods and Services Tax Law in India is a
comprehensivemulti-stagedestination-basedtaxthat is levied on everyvalueaddition GST is a single domestic
indirect tax law for the entire country
GSTAdvantages
middot GST is a transparent tax and also reduces the number of indirect taxes
middot GST will not be a cost to registered retailers therefore there will be no hidden taxes and the cost of doing business
will be lower
middot Beneit people as prices will come down which in turn will help companies as consumption will increase
middot There is no doubt that in the production and distribution of goods services are increasingly used or consumed
and vice versa
middot Separate taxes for goods and services which is the present taxation system requires division of transaction
values into value of goods and services for taxation leading to greater complications administration including
compliances costs
middot In the GST system when all the taxes are integrated it would make possible the taxation burden to be split
equitably between manufacturing and services
middot GST will be levied only at the inal destination of consumption based on the VAT principle and not at various
points (from manufacturing to retail outlets) This will help in removing economic distortions and bring about
development of a common national market
middot GST will also help to build a transparent and corruption-free tax administration
middot Presently a tax is levied on when a inished product moves out from a factory which is paid by the manufacturer
and it is again levied at the retail outlet when sold
middot GST is backed by the GSTN which is a fully integrated tax platform to deal with all aspects of GST
GSTDisadvantages
middot Some Economist says that GST in India would impact negatively on the real estate market It would add up to 8
percent to the cost of new homes and reduce demand by about 12 percent
middot Some Experts says that CGST (Central GST) SGST (State GST) are nothing but new names for Central
ExciseService Tax VAT and CST Hence there is no major reduction in the number of tax layers
ARTICLE
ICSI-NIRC Newsletter I July 2021 38
goods and servicestax (gst)
CS Jaspal Singh Dhanjal FCS
cspunjabpoweryahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
middot Some retail products currently have only a four percent tax on them After GST garments and clothes could
become more expensive
middot The aviation industry would be affected Service taxes on airfares currently range from six to nine percent With
GST this rate will surpass ifteen percent and effectively double the tax rate
middot Adoption and migration to the new GST system would involve teething troubles and learning for the entire
ecosystem
What are the components of GST
There are three taxes applicable under this system CGST SGST amp IGST
middot CGST It is the tax collected by the Central Government on an intra-state sale (eg a transaction happening
within Maharashtra)
middot SGST It is the tax collected by the state government on an intra-state sale (eg a transaction happening within
Maharashtra)
middot IGST It is a tax collected by the Central Government for an inter-state sale (eg Maharashtra to Tamil Nadu)
In most cases the tax structure under the new regime will be as follows
ICSI-NIRC Newsletter I July 2021 39
Transaction GSTRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central
ExciseService tax
Revenue will be shared equally between the
Centre and the State
Sale to another State IGST Central Sales Tax + Excise
Service Tax
There will only be one type of tax (central) in
case of inter-state sales The Centre will then
share the IGST revenue based on the destination
of goods
GSTRegistration
AggregateTurnover RegistrationRequired Applicability
EarlierLimitsndashForthesaleofGoodsProvidingServices
Exceeds Rs20 lakh Yes ndash For Normal Category States Up to 31st March 2019
Exceeds Rs10 lakh Yes ndash For Special Category States Up to 31st March 2019
NewLimitsndashForSaleofGoods
Exceeds Rs 40 lakh Yes ndash For Normal Category States From 1st April 2019
Exceeds Rs 20 lakh Yes ndash For Special Category States From 1st April 2019
NewLimitsndashForProvidingServices
There has been no change in the threshold limits for service providers Persons providing services need to register if
their aggregate turnover exceeds Rs 20 lakh (for normal category states) and Rs 10 lakh (for special category states)
ARTICLE
The process by which a taxpayer gets registered under Goods and Service Tax (GST) is GST registration Once the
registration process has been completed the Goods and Service Tax Identiication Number (GSTIN) is provided The 15-
digit GSTIN is provided by the Central Government and helps to determine whether a business is liable to pay GST
WhoiseligibletoregisterunderGST
GST Registration must be completed by the following individuals and businesses
1 Individuals who have registered under the tax services before the GST law came into effect
2 Non-Resident Taxable Person and Casual Taxable Person
3 Individuals who pay tax under the reverse charge mechanism
4 All e-commerce aggregators
5 Businesses that have a turnover that exceeds Rs40 lakh In the case of Uttarakhand Himachal Pradesh Jammu amp
Kashmir and North-Eastern states the turnover of the business should exceed Rs10 lakh
6 Input service distributors and agents of a supplier
7 Individuals who supply goods through an e-commerce aggregator
8 Individuals providing database access and online information from outside India to people who live in India
other than those who are registered taxable persons
TypesofGSTRegistration
Under the GST Act GST Registration can be of various types You must be aware of the different types of GST Registration
before selecting the appropriate one The different types of GST Registration are
NormalTaxpayer
Most businesses in India fall under this category You need not provide any deposit to become a normal taxpayer There is
also no expiry date for taxpayers who fall under this category
CasualTaxablePerson
Individuals who wish to set up a seasonal shop or stall can opt for this category You must deposit an advance amount
that is equal to the expected GST liability during the time the stall or seasonal shop is operational The duration of the
GST Registration under this category is 3 months and it can be extended or renewed
CompositionTaxpayer
Apply for this if you wish to obtain the GST Composition Scheme You will have to deposit a lat under this category The
Input tax credit cannot be obtained under this category
Non-ResidentTaxablePerson
If you live outside India but supply goods to individuals who stay in India opt for this type of GST Registration Similar to
the Casual Taxable Person type you must pay a deposit equal to the expected GST liability during the time the GST
registration is active The duration for this type of GST registration is usually 3 months but it can be extended or
renewed at the type of expiry
ICSI-NIRC Newsletter I July 2021 40
ARTICLE
DocumentsrequiredforGSTRegistration
Here are the documents required to complete GST Registration
1 PAN card
2 Aadhaar card
3 Business address proof
4 Bank account statement and cancelled cheque
5 Incorporation Certiicate or the business registration proof
6 Digital Signature
7 Directors or Promoters ID proof address proof and photograph
8 Letter of Authorisation or Board Resolution from Authorised Signatory
GSTRegistrationViaAuthenticationofAadhaar
New businesses can secure their GST registration with the help of the Aadhaar The process is simple and quick The new
process came into effect from 21 August 2020 The procedure to opt for Aadhaar authentication is mentioned below
1 When you apply for GST registration you will be provided with an option to choose Aadhaar authentication
2 Select YES The authentication link will be sent to the registered email ID and mobile number
3 Click on the authentication link
4 Enter the Aadhaar number and select Validate
5 Once the details have been matched an OTP will be sent to the registered mobile number and email ID
6 Enter the OTP to complete the process You will get the new GST registration within three working days
OnlineGSTRegistrationFees
In case you complete the GST Registration procedure online no fee will be levied Once the relevant documents have
been uploaded an Application Reference Number (ARN) will be sent via SMS and email to conirm the registration
PenaltyforNotRegisteringorLateRegisteringUnderGST
If you do not pay tax or pay a lesser amount than what is due the penalty that is levied is 10 of the due amount (in case
of genuine errors) However the minimum penalty is Rs10000
If you have not registered for GST and are deliberately trying to evade tax the penalty levied is 100 of the due tax
amount
BeneitsofGSTRegistration
The main beneits of GST registration are mentioned below
1 Big projects can be accepted from Multinational Corporations (MNCs)
2 Goods can be sold online
3 Goods can be sold across the country
4 GST registration acts as valid proof as it is a legal entity registration
5 Input tax credit can be availed when any goods or services are being purchased
6 With the help of a GSTIN a current bank account can be opened
7 The GSTIN helps in increasing the brand value of the business
ICSI-NIRC Newsletter I July 2021 41
ARTICLE
GSTRegistrationExemption
The below-mentioned individuals and entities are exempt from GST registration
1 Businesses that manufacture supplies that come under reverse charge
2 Activities that do not come under the supply of goods or services Examples of such activities are the sale of a
building or land funeral services and services provided by an employee
3 Businesses that make non-GST non-taxable supplies Examples are aviation turbine fuel electricity natural
gas high-speed diesel and petrol
4 Businesses that make exempt nil-rated supplies
5 Businesses that fall under the threshold exemption limit
6 Agriculturists
ICSI-NIRC Newsletter I July 2021 42
SrNo Period RsInCrore
1 May 2021 102709
2 April 2021 141384
3 March 2021 123902
4 Feb 2021 113143
5 January 2021 119843
Conclusion
The enforcement of GST has brought in a very transparent system to the country that is also corruption-free The
beneits are far-reaching and are not only business-friendly but consumer-friendly as well This system of taxation has
placed the country well in international trade The Indian market is far more stable now than it ever was With the
application of GST India is in a much better position in the international markets which has positively affected the
economy
GSTndashAhistoricalperspective
Taxes are the prime component of development of any country The revenue from taxation is applied to inance public
goods and services such as infrastructure sanitation transportation and all other amenities which are provided by the
Government to its citizens A tax is a none penal yet compulsory transfer of resources from the private to the public
sector levied on a basis of predetermined criteria and without reference to speciied beneit received
Taxes in India used to be levied by multiple agencies such as Central Government State Governments and some local
authorities such as municipalities There are two types of taxes which are levied in India vizDirect Tax which is levied
directly to an individuals income in the form of Income Tax and Indirect Tax that is paid indirectly by the inal consumer
of goods and services
The source of powers to legislate laws in India is the Constitution of India and the authority to levy a tax is derived from
the Constitution of India which allocates the power to levy various taxes between the Centre and the States Previously
the Centre had the powers to levy tax on the manufacture of goods (except alcoholic liquor for human consumption
opium narcotics etc) while the States had the powers to levy tax on the sale of goods In the case of inter-state sale the
Centre had the power to levy a tax (CST) but the tax was collected and retained entirely by the states As for services it
was the Centre that was empowered to levy service tax
In a nutshell the previous indirect tax regime can be looked at from the point of view of Central and State laws For the
Central Government Central Excise Customs and Service Tax were the three main components For the State
Governments Value Added Tax (VAT) and CST were major taxes along with octroi entertainment tax etc which were in
many cases administered by the local bodies
VATndashThefirststeptowardsIndirectTaxReform
stIntroduction of VAT from 1 April 2005 was considered to be a major step and important breakthrough in the sphere of
indirect tax reform in India Though VAT was a successful move there were certain short-comings in the structure of
VAT This was mainly due to the form of mosaic of taxes being levied on goods and services such as luxury tax
entertainment tax etc not subsumed in the VAT thereby marginalizing the beneits comprehensive tax credit
mechanism The forms of CENVAT and State VAT were remained ineficient in fully removing the cascading effect of
taxes Such taxes added to the cost of goods and services through ldquotax on taxrdquo which the inal consumer has to bear
Variable rates under Excise Duty coupled with multiple valuation systems and various exemptions challenged the VAT
system further A business establishment having ofices in different States was required to follow the laws of the
respective states
ARTICLE
ICSI-NIRC Newsletter I July 2021 43
GOODS AND SERVICES TAX (GST)Culmination of ldquoOne Nation
One Taxrdquo ConceptCS Piyush Jain ACS
jainpiyush692gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
ChallengesofVATsystem
CENVAT was conined to the manufacturing stage and did not extend to the distribution chain beyond the factory gate
Because of this CENVAT paid on goods could not be adjusted against State VAT payable on subsequent sale of goods
This was the position for CENVAT collected on domestically produced goods and that collected as additional duty of
Customs on imported goods Whereas input tax credit of CENVAT or additional duty of custom was available to service
providers paying service tax they were unable to neutralize the State VAT or other state taxes paid on their purchase of
goods State VAT was payable on the value of goods inclusive of CENVAT and thus the VAT liability of a dealer used to get
inlated by this component without beneit of set off Inter state sale of goods attracted CST levied by the Centre and
collected by states This was an origin based tax and could not be set off against VAT in many situations VAT dealers
were unable to set off Service Tax that they had paid on their procurement of taxable input services
GSTndashthemostsigniicantindirecttaxreforminIndia
In order to address the above challenges of VAT GST was thought upon deliberated and brought in as a signiicant
improvement in the indirect tax regime at national as well as state level GST is one of the signiicant taxation reforms in
India aiming to integrate state economics and boost overall growth by creating a single uniied Indian market to make
the economy stronger
GST is consumption or destination based tax levied on goods and services at national level based on ldquoDestination
Principlerdquo It covers both goods and services and be collected on value added at each stage of the supply chain GST paid
on the procurement of goods and services can be set off against that payable on supply of goods or services GSTs prime
aim is to consolidate multiple Indirect tax levies into a single tax thus subsuming an array of tax levies overcoming the
limitations of VAT and creating eficiencies in tax administration To put it straight GST is not simply VAT plus Service
Tax but a major improvement over existing system of VAT and disjointed Service Tax ushering in the possibility of a
collective gain for industries trade and common consumers as well as for the Central and State Governments
Major Acts subsumed under GST are Excise State VAT laws Service Tax Octroi Entry tax etc
GSTndashAFlashback
In July 2000 the Government of India had set up an empowered Committee of some of the State Finance Taxation
Ministers as members with the objectives of implementation of a uniform loor rate of sale tax by States and UTs phasing
out of Sales Tax based incentive scheme to decide milestones and methods of states to switch over to VAT and to monitor
reforms in the Central Sales Tax system existing in the CountryThe Honble Union Finance Minister in the Central budget
for the year 2007-08 announced that GST would be introduced with effect from 01042010 This was based on the
recommendations of The Kelkar Task Force on indirect taxes However the deadline of April 2010 could not be met
because of the intricacies involved in the GST regime including amendment to the Constitution to give concurrent taxing
powers to the Union and State Governments
A non-Government not for proit private limited company was incorporated in the name of Goods and Services Tax
Network (GSTN) as special purpose vehicle to provide IT infrastructure and services to all the stakeholders including
Governments for implementation of GST The Constitution Amendment Bill introduced in the Lok Sabha in December
2014 was passed in May 2015 which was referred to Select Committee of Rajya Sabha The Bill was passed in August
2016 The Bill was adopted by majority of State legislatures The Bill got the assent of Honble President of India on th8 September 2016 Subsequently in April 2017 four Bills were passed by the Parliament on GST to give effect to the
stproposed system of indirect taxation The Acts came into effect from 1 July 2017
ICSI-NIRC Newsletter I July 2021 44
ARTICLE
GST-RatesandReturns
There are three types of taxes applicable under the GST regime viz CGST collected by the Central Governments on intra-
state sale SGST collected by State Governments on intra-state sale and IGST collected by the Central Government for
inter state sale GST is divided into ive different tax slabs ndash 0 5 12 18 and 28 Petroleum products alcoholic
drinks and electricity are not taxed under GST and continued to be taxed separately by the State Governments as before
In addition a Cess over and above 28 is applied on few luxury items Pre-GST tax rate for most goods was about 265
Post GST most goods fall in 18 bracket of tax rate
The Central Government in July 2017 introduced three returns for GST ie
middot GSTR-1 related to outward supply
middot GSTR-2 related to inward supply
middot GSTR-3 consolidated return including details of GSTR-1 amp 2
With a view to simplify compliances the Government scrapped GSTR-2 and 3 and introduced GSTR-3B which contains
details of inward outward supplies As a result presently only 2 returns viz GSTR-1 and GSTR-3B are iled The returns th th
are to be iled on 10 20 of the following month of GST liability
Regular taxpayers with an annual turnover of upto Rs5 crore are given an option to either pay tax and ile both GSTR-1
and GSTR-3B returns on quarterly basis or to avail an Invoice Furnishing Facility (IFF) under QRMP Scheme ie ile
GSTR-3B on quarterly basis and pay tax and ile IFF every month Taxpayers with an annual turnover of more than Rs 5
crore have to mandatorily ile both returns and pay tax on monthly basis
Further every GST registered taxable person whose turnover during a inancial year exceeds Rs 2 crore has to ile GSTR-st9 till 31 December of the next Financial Year
E-invoicingunderGST
GST was a new concept to the citizens and even to the Government itself The idea behind the introduction of GST
became successful in subsuming various indirect taxes and ease of compliance burden but it also opened gates for new
kinds of frauds by inding loopholes in the system and misusing the opportunities extended by the Government to its
citizens for their economic prosperity Tax leakage and frauds using fake invoices became a taxing problem for the
Government to counter The concept of E-invoicing was introduced in 2020to put an end to such malpractices by
mandating authorisation of every invoice from the Government portal
Under E-invoicing all B2B and Export invoices need to be generated through the Government system ie the Invoice
Registration Portal (IRP) After uploading invoice on IRP an E-invoice is generated which containsa unique Invoice
Reference Number (IRN) and a digitally signed QR code Once an IRN is generated and invoice has been authenticated its
details are made available on the GST portal and EWB portal in real-time The E-invoice can be cancelled within 24 hrs of
generation
E-invoicing was initially applicable tothose businesses exceeding turnover of Rs 500 crore which wasscaled down to
Rs 100 crore within two months Presently from April 2021 it is mandatory for every business with a turnover of more
than Rs50 crores
Its implementation has beneited the Government in plugging the tax leakage It also bridges the gaps in reconciliation
of mismatch invoices faster availability of genuine Input Tax Credit and lesser possibility of intervention by tax
authorities
ICSI-NIRC Newsletter I July 2021 45
ARTICLE
ReverseChargeMechanism
Reverse charge means the liability to pay tax is on the recipient of goods or services instead of the supplier of such goods
or services in respect of notiied categories of supply of goods of services Normally the supplier of goods or services
pays the tax on supply In the case of reverse charge the receiver becomes liable to pay tax ie the chargeability gets
reversed The person who is receiving goods or services pays GST to the Government on behalf of the person who
provides such goods or services and in turn can claim Input Tax Credit if the goods or services received are not in
negative list
ElectronicWayBill
For intra-state interstate movement of goods e-way bill system has been introduced E-way bill is required to be
generated before the commencement of movement of goods only where the value of the consignment exceeds
Rs50000 The time period for the recipient to communicate his acceptance or rejection of the consignment would be
the validity period of the concerned e-way bill or 72 hours whichever is earlier E-way bill is valid for one day up to 100
km and additional one day for every 100 km or part thereafter Form GST EWB ndash 01 is an e-way bill form It contains ldquoPart
Ardquo ie details of goods and ldquoPart Brdquo ie details of vehicle Movement of goods from the place of consigner to the place of
transporter up to a distance of 50 km does not require illing of Part B of the e-way bill The Supplier has to generate Part
A of the e-way bill Implementation of the nation wide E-Way Bill mechanism under GST regime is being done by GSTN in
association with NIC on the portal viz hpsewaybillgstgovin
GSTndashaWorkinProgress
GST one of the steps towards digitisation proved to be a revolutionary tax system for India It has boosted the economy
of the Country by eliminating the drawbacks of the VAT System automation system of tax calculation and enabling
online payment of tax and iling returns which has resulted in the growth of the revenue collection of the Government
Transporting goods from one state to another has become a smoother affair with GST replacing a messy basket of
Central Municipal and State levies Though 4 years have passed since the introduction of the GST regime hiccups and
bottlenecks continue to crop up This could be narrowed down by simplifying rules and procedures GST still being a
work-in progress needs to go a long way to achieve the objective of ldquoOne Nation One Taxrdquo concept
RecognitionofCompanySecretaryunderGoodsandServiceTax
Company Secretaries as competent professionals in the area of Indirect Taxes can get hold of plethora of opportunities
under the Goods and Services Tax Company Secretaries could act as a crucial link to bridge the knowledge gap leading
to fair and voluntary compliance of law and rightful discharge of tax liability by assesses As the gamut of Indirect Tax
expands an ocean of opportunities are being unfolded in front of us The Act itself in Section 48 reads with Rule 83 of the
Central Goods and Services Tax Rules 2017 provides that any person who has passed the Final Examination of the
Institute of Company Secretaries of India (ICSI) is eligible for enrolment as a Goods amp Services Tax Practitioner Such a
person can apply in Form GST PCT-01 on the common portal either directly or through a Facilitation Centre notiied by
the Commissioner for enrolment for registration Further Under Section 116 of Central Goods amp Services Tax Act 2017
read with Rule 84 of the said Rules a Company Secretary is entitled to appear before an oficer appointed under this Act
or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act Apart from this
Company Secretories a responsible oficer in most of the companies get entrusted with responsibilities under GST
ambit and paves the way for strategic thinking for the business development They are well connected with all the
segments right from strategy marketing compliances administration and so on This diversiication of areas of
responsibility will open up more opportunities of career growth for Company Secretaries even to reach at the top
management level
ICSI-NIRC Newsletter I July 2021 46
Goods and Service Tax is an Indirect Tax which has replaced many indirect taxes in India such as the Excise Duty Vat th st
Services Tax etc The Goods and Service Tax was passed in the Parliament on 29 March 2017 and came into effect on 1
July 2017Goods and Service Tax is levied on the supply of Goods and services Goods and Services Tax Law in India is a
comprehensive multi-stage destination-based tax that is levied on everyvaluableadditionGST is a single domestic
indirect tax law for the entire nation The structure of indirect levy in India before the arrival of GST was
ARTICLE
ICSI-NIRC Newsletter I July 2021 47
GOODS AND SERVICES TAX (GST)what is gst in india
CS Ashvini Mohan Dhuri ACS
ashwinidhuri10gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
Under the GST Regime the tax is levied at every point of sale In the case of intra-state sales central GST and State GST are
charged All the inter-state sales are chargeable to the Integrated GST
AMulti-Stage
middot An item goes through multiple change of hands along its supply chain starting from Manufacture until the Final
sale to the customer like the following
- Purchase of raw materials
- Production or manufacture
- Warehousing of inished goods
- Selling to wholesalers
- Sale of the product to the retailers
- Selling to the end consumers
- The Goods and Services Tax is levied on each of these stages making it a Multi- Stage Tax
ARTICLE
BValueAddition(VA)
ICSI-NIRC Newsletter I July 2021 48
bull A manufacturer who makes biscuits buys lour sugar and other material The value of the inputs increases
when the sugar and lour are mixed and baked into biscuits
bull The manufacturer then sells these biscuits to the warehousing agent who packs large quantities of biscuits in
cartons and labels it This is another addition of value to the biscuits After this the warehousing agent sells it to
the retailer
bull The retailer packages the biscuits in smaller quantities and invests in the marketing of the biscuits thus
increasing its value GST is levied on these value additions ie The monetary value added at each stage to
achieve the inal sale to the end customer
CDestination-Based
Consider goods manufactured in Maharashtra and sold to the inal consumer in Karnataka Since the goods and Service
Tax is levied at the point of consumption the entire tax revenue will go to Karnataka and not Maharashtra
JourneyofGSTinIndia
The GST journey began in the year 2000 when a committee was set up to draft law It took 17 long years from then for the
law to come into existence In 2017 the GST Bill was passed in the Lok Sabha and Rajya Sabha On 1stJuly 2017 the GST
Law came into force
AdvancesofGST
bull Removal of Cascading effect
bull Higher Threshold for GST registration
bull Composition scheme for all small businesses
bull Simpler online facilities for GST compliance
bull Relatively lesser compliances under GST
bull Deined treatment for E-Commerce activities
bull Increased eficiency in logistics
bull Regulating the unorganized sectors
ComponentsofGST
bull CGST CGST is a tax levied on Intra State supplies of both goods and services by the Central Government and will be
governed by the CGST Act
bull SGST SGST is a tax levied on Intra State supplies of both goods and services by the State Government and will be
governed by the SGST Act
bull IGST IGST is a tax levied on all Inter-State supplies of goods andor services and will be governed by the IGST
ARTICLE
Illustration
Let us assume that a dealer in Gujarat had sold the goods to a dealer in Punjab worth Rs 50000 The tax rate is 18
comprising of only IGST Here the dealer has to charge IGST of Rs 9000 This revenue shall go to the Central Government
The same dealer of Gujarat sells goods to a consumer in Gujarat worth Rs 50000The GST rate on goods is 12 This rate
comprises CGST at 6 and SGST at 6The dealer has to collect Rs6000 as Goods and Service Tax Rs 3000 will go to the
Central Government and Rs3000 will go to the Gujarat Government since the sale is within the State
TaxLawsbeforeGST
In the earlier indirect tax regime there were many indirect taxes levied by both the state and the centre States mainly
collected taxes in the form of Value Added Tax (VAT) Every state had a different set of rules and regulations Inter-state
sale of goods was taxed by the centre CST (Central State Tax) was applicable in case of inter-state sale of goods The
indirect taxes such as the entertainment tax octroi and local tax were levied together by state and centre These led to a
lot of overlapping of taxes levied by both the state and the centre For example when goods were manufactured and sold
excise duty was charged by the centre Over and above the excise duty VAT was also charged by the state It led to a tax on
tax effect also known as the cascading effect of taxes The following is the list of indirect taxes in the pre-GST regime
middot Central Excise Duty
middot Duties of Excise
middot Additional Duties of Excise
middot Additional Duties of Customs
middot Special Additional Duty of Customs
middot Cess
middot State VAT
middot Central Sales Tax
middot Purchase Tax
middot Luxury Tax
middot Entertainment Tax
middot Entry Tax
middot Taxes on advertisements
middot Taxes on lotteries betting and gambling
CGST SGST and IGST have replaced all the above taxes
ICSI-NIRC Newsletter I July 2021 49
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST+ SGST VAT + Central
Excise Service Tax
Revenue to be shared equally between Centre and the
State
Sale to another State IGST Central Sales Tax +
excise Service Tax
There will be only one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
ARTICLE
HowhasGSThelpedinPriceReduction
During the pre-GST regime every purchaser including the inal consumer paid tax on tax This condition of tax on tax is
known as the cascading effect of taxesGST has removed the cascading effect Tax is calculated only on the value-addition
at each stage of the transfer of ownership The indirect tax system under GST will integrate the country with a uniform
tax rate It will improve the collection of taxes as well as boost the development of the Indian economy by removing the
indirect tax barriers between states
Illustration
Based on the above example of the biscuit manufacturer lets take some actual igures to see what happens to the cost of
goods and the taxes by comparing the earlier GST regimes
Taxcalculationsinearlierregime
ICSI-NIRC Newsletter I July 2021 50
Action Cost(Rs) Taxrateat10(Rs) InvoiceTotal(Rs)
Manufacturer 1000 100 1100
Warehouse adds a label and
repacks at Rs300
1400 140 1540
Retailer advertises at Rs 500 2040 204 2244
Total 1800 444 2244
The tax liability was passed on at every stage of the transaction and the inal liability comes to a rest with the customer
This condition is known as the cascading effect of taxes and the value of the item keeps increasing every time this
happens
Taxcalculationsincurrentregime
Action Cost(Rs) Taxrateat10(Rs)
Taxliabilitytobedeposited(Rs)
InvoiceTotal(Rs)
Manufacturer 1000 100 100 1100
Warehouse adds a label and
repacks at Rs300
1300 130 30 1430
Retailer advertises at Rs 500 1800 180 50 1980
Total 1800 180 1980
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
ARTICLE
WhataretheNewCompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
1E-WayBills
GST introduced a centralized system of waybills by the introduction of ldquoE-way billsrdquo This system was launched on 1st
April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of goods in a staggered
manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods transported
from the place of its origin to its destination on a common portal with ease Tax authorities are also beneited as this
system has reduced time at check -posts and helps reduce tax evasion
2E-invoicing
The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual aggregate turnover of
more than Rs500 crores in any preceding inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100 crores These businesses must obtain a
unique invoice reference number for every business-to-business invoice by uploading on the GSTNs invoice
registration portal The portal veriies the correctness and genuineness of the invoice Thereafter it authorizes using the
digital signature along with a QR code E-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to the GST portal and the e-way bill portal It
will therefore eliminate the requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way
bills too
3ChangeinRegistrationLimit
Increase in GST registration limit from Rs 20 lakhs up to Rs 40 lakhs for suppliers of goods Changes in the existing
composition scheme made by increasing the turnover limit to join the scheme up to Rs 15 crores tax payments to be
made quarterly and returns to be iled annually starting 1st April 2019
4Variousotheramendments
43rd GST Council meeting will take place on 28th May 2021 (Friday) at 11 AM via video conferencing and will be
chaired by Union FM Nirmala Sitharaman
middot Section 16 amended to allow taxpayers claim of input tax credit based on GSTR-2A and 2B Henceforth ITC on
invoices and debit notes may be availed only when the details of such invoice or debit note have been furnished
by the supplier in the statement of outward supplies and such details have been communicated to the recipient
of such invoice or debit note
middot Section 50 of the CGST Act is being amended to provide for a retrospective charge of interest on net cash liability
with effect from 1st July 2017
middot With respect to orders received on detention and seizure of goods and conveyance 25 of penalty needs to be
paid for making an application for appeals under section 107 of the CGST Act Date of applicability is yet to be
notiied
ICSI-NIRC Newsletter I July 2021 51
ARTICLE
middot GST audit requirement by speciic professionals such as CAs and CMAs has been removed from the GST law
Section 35 and 44 has been amended in this regard As per the amendment only GSTR-9 annual returns on a self-
certiication basis need to be iled on the GST portal by taxpayers completely removing the requirement for
GSTR-9C ie the reconciliation statement However the inancial year and date of applicability are yet to be
clariied by the government
middot Section 7 of the CGST Act was amended to include a new clause under the deinition of supply Activities or
transactions involving the supply of goods or services by any person other than an individual to its members or
constituents or vice-versa for cash deferred payment or other valuable consideration falls under supply and
will be liable to tax Earlier this supply would have been considered as only supply of goods under schedule II So
the scope is expanded now for levy
middot Seizure and coniscation of goods and conveyances in transit are now made a separate proceeding from the
recovery of tax from Section 74
middot Self-assessed tax referred to under section 75 of the CGST Act shall also cover the outward suppliessales as
reported in the GSTR-1 under Section 37 of the CGST Act but which has been missed out while reporting in the
GSTR-3B under Section 39
middot The provisional attachment shall remain valid for the entire period starting from the initiation of any proceeding
till the expiry of a period of one year from the date of order made there under
middot Section 129 is delinked from Section 130 Accordingly proceedings relating to detention seizure and release of
goods and conveyances in transit will be separate from the levy of penalty for the coniscation of goods and
conveyance
middot The Jurisdictional Commissioner can now call for information from any person relating to any matter dealt with
in connection with the Act under Section 151 together with section 168 Further section 152 is amended to
provide an opportunity of being heard before using information obtained under Sections 150 or 151 of the Act
middot The IGST Act was also amended in Section 16 that deines a zero-rated supply Three amendments were made ndash
(1) To state that supply to SEZ units developers will be zero-rated only if it is authorized operations (2) Only
notiied persons or supplies of goodsservices can avail the status of zero-rated when IGST is paid (3) Foreign
exchange remittance will be linked in case of export of goods with the refund
ICSI-NIRC Newsletter I July 2021 52
ThePerspectivest thOn 1 July 2021 our beloved and most controversial Goods and Service tax Act will be celebrating its 4 Birthday The 3
Major Motive for introducing GST were One nation One Tax Ease of compliances and Seamless Flow of credit to
eliminate the cascading effect of the Taxes In these 4 years GST has undergone more than 900 amendments through
Notiications Circulars and Press Release There has been Chronic Tinkering and twisting of the provisions and as a
result of that the provisions which are currently in force are completely different from the one which were introduced in
the beginning
WhatisGST
Goods and Services Tax is levied on the manufacturing and sales of goods and services across the country The tax is
charged at every stage of the manufacturing process GST is applicable for both the customer and the manufacturer It is a
destination-based tax This means that GST is to be collected at the point of consumption So if a product is
manufactured in Bihar and is sold in Bhopal the tax will be levied in Bhopal Moreover at every stage of the
manufacturing process where value is added to the product GST is collected
Introduced as one of the biggest economic reforms by the BJP-led Modi government the GST kicked off with the promise
to streamline taxation and compliance burden Experts also claimed that in many ways it has streamlined the process
ldquoBased on the one nation one tax ideology GST has helped in reducing the cascading effect of tax considerably Also
multiplicity of compliances under various indirect taxes has been reduced Hence introduction of GST in India has
brought in eficiencies in indirect tax compliance incidence and reduced the number of indirect tax authorities that a
taxpayer needed to interact with
EffectofGSTontheIndianeconomy
In a few months Goods and Services Tax law in India will celebrate its fourth birthday This could be a good time to raise
the question whether GST has been a success in India Responses to this question normally swing between two extremes
- the government and the tax department would say that GST has been an unqualiied success while the taxpayer who
has struggled to cope with the rapid changes in the law would say that GST has been a disaster As is normally the case
with such extremities the truth lies in the middle GST has its good points and its poor points with the latter winning
over the former Had the implementation been more smooth the poor points would have been overshadowed by the
good parts of GST
The introduction of GST has helped merge the taxes of the state and central governments This has helped remove the
cascading effect of multiple taxes Therefore the burden of taxes has reduced for companies and customers Not just this
taxpayers have increased in number and hence the tax revenues have also increased signiicantly Over the last year or
so two developments in GST should be considered to be huge positives
ARTICLE
ICSI-NIRC Newsletter I July 2021 53
GST ndash Impact Issuesand Suggestions
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS (Dr) S K Gupta FCS
cbstskguptagmailcom
ARTICLE
The concept of e-invoicing has been introduced in stages ndash this is a step that would ensure greater transparency in
supplier-receiver transactions which results in proper availment and utilization of input tax credit Simultaneously the
government appears to have announced a war to ight the menace of fake invoicing which was taking away a substantial
portion of GST revenues
The implementation of GST has signiicantly affected the Indian economy in the following ways
middot SimpliicationofthetaxstructureGST has simpliied the taxation system of the country As GST is a single tax
calculating taxes at the multiple stages of the supply chain has become easier Through this both customers and
manufacturers get a clear idea of the amount of tax they are charged and its basis Further hassles of handling tax
oficials and authorities can also be avoided
middot FosteringproductionAs per the Indian retail industry the total tax component is around 30 of the product
cost Due to the impact of GST the taxes have gone down So the end consumer has to pay lesser taxes The
reduced burden of taxes has enhanced the production and growth of the retail and other industries
middot SMEsupport Small and medium enterprises can now register under the Composition Scheme introduced by
GST Through this scheme they pay taxes according to their annual turnover Therefore businesses having an
annual turnover of Rs 15 crores only have to pay 1 GST Moreover other enterprises having a turnover of Rs
50 lakh are required to pay 6 as GST
middot EnhancedpanIndiaoperations Companies can now avoid taxation roadblocks such as toll plazas and check
posts Earlier these created problems including damage to unpreserved products while transporting them So
manufacturers had to keep buffer stock to make up for the damages These overhead costs of storing and
warehousing hampered their proit A single taxation system has reduced these problems They can now
transport their goods easily across India This has resulted in the improvement of their pan India operations
middot Increaseinexports GST has reduced the customs duty on exporting goods The cost of production in the local
markets has also decreased due to GST All these factors have increased the rate of exports in the country
Companies have become more competitive when it comes to expanding their businesses globally
middot Thegoods and services tax (GST)has ensured formalizationof the economy and improved mop-up
delivering seamless convergence under the one-nation one tax theme said industry champions unanimously
calling it an enabler of ease of doing business With uniformity of rates and elimination of multiple other indirect
taxes GST has cut out the cascading of levies widened the tax net and added to revenues
IssuesunderGST
middot Dificulty in claiming input tax credit and ever changing rules make compliance a cumbersome businessldquoInput
Tax Credit (ITC) is an area which has certain limitations that need to be addressed The GST regime sought to
have a seamless low of ITC however conditions for availing ITC being stringent many taxpayers lost out on ITC
middot Taxpayers are also complaining about the imposing an arbitrary monetary limit on availing input tax credit
through Rule 36(4) and mandating that a certain percentage of GST has to be paid in cash
middot The nationwide lockdown has intensiied the problem of revenue shortfall for states with the Centre not paying
up the dues on time Also with coffers drying up and with social and health spending going up states are growing
disenchanted with the system
middot The meetings of the GST Council are not as frequent as they were earlier if the recent incidents are anything to go
by and it often end up with disagreement ight and strong letters and statements
ICSI-NIRC Newsletter I July 2021 54
ARTICLE
middot The core theme of the one nation one tax slogan seems to be diluted with the introduction of state-level cesses
for example Kerala Flood cess at the rate of up to 1
middot Challenges for the exporters for smooth processing of GST refunds have been an area of concern while the
government has taken several initiatives for speedy processing of refunds the beneit is taking time to percolate
to corporates effectively
middot With the advent of GST various petitions seeking release of detained goods and hardships faced due to technical
glitches have been iled Moreover the constitutional validity of some of the GST provisions have been contested
before the courts It cannot be denied that AAR authorities have helped to clarify several controversial issues
However contradictory rulings on identical matters should be addressed soon
middot The announcement that a GST reconciliation statement need not be certiied by an auditor could have probably
waited for a couple of years more since the department would need some authentic database on what
components of the revenue statement would attract GST ndash a task best left to the auditor of the entity
middot We all know that in GST there will be the lot of litigations coming in near future and we all know the reason In
this 4 years GST has become more prone to litigation Even for simple revocation of cancellation of registration
after the prescribed days the taxpayer has to ile the appeal So we can presume the litigations that are going to
happen in near future
SuggestionsforimprovingeffectivenessofGST
middot There is an invariable need to put a halt on the changes in tax rates and decide the rate structure that is static for a
few years Adding on to that increasing the tax rates is not an ideal solution for grabbing more revenue especially
in the era of an economic slowdown In short there is a need for a simpliied tax structure of only three tax slabs
Either we need to merge 12 amp 18 or 5 amp 12 slabs into one
middot Some goods amp services like electricity real estate and petroleum are out of GST structure As they are out of GST
bracket the input tax credit beneits cannot be utilized by the segments involved in the process and so it is a loss
for them In addition these sectors are out of the indirect tax system at the mercy of state government Some
sectors such as oil and gas are demanding to be included in the GST Even experts suggest that the right way to
implement GST is to put all the sectors under the bracket of GST but it would take some time to implement the
required tweaks to the system
middot Exempt supplies must not form part of ldquoaggregate turnover‟ to determine threshold limit for taking registration
in GST It must be excluded from the Aggregate Turnover The threshold limit of 20 Lakhs more will be signiicant
for SMEMSME sector This will enable a small taxpayer having majorly exempt supplies with only a small
portion of taxable supplies to remain out of the net of GST
middot The current composition scheme is applicable only for manufacturers traders and restaurant service providers
In the GST amendments it has been proposed by the GST Council to enable registered manufacturers and
traders to opt for composition scheme us 10(1) of the CGST Act even if they supply services of value not
exceeding 10 of the turnover in the preceding FY in a StateUnion territory or Rs 5 lakhs whichever is higher
The beneit of composition scheme must be extended to other service providers by providing certain percentage
or ceiling for inter-state outward supplies of goods for the beneit of SMEMSME sector in true sense Presently
a person opting for composition scheme is not allowed to make any inter-state outward supply of goods which is
creating a bottle neck for small sector
ICSI-NIRC Newsletter I July 2021 55
ARTICLE
middot A suitable clariication is required with regard to the deinition of ldquoagent‟ under Section 2(5) (vii) of Section 24
of CGST Actas it covers only those persons who supply taxable goods on behalf of any other person ie
consignment agents Clarity on Compulsory Registration for ldquoagentsrdquo is only conined to consignment agents
Controversy whether the commission agents or brokers who merely facilitate a transaction between two parties
like procuring orders etc are also debarred from the beneit of threshold limits of registration ie Rs 20 Lac
middot As part of ICT the government should promote the usage of Point of Sales (PoS) machines which are closely
integrated with the Inventory Invoicing and GST Returns iling This will ease the reporting compliance as the
small traders are inding it dificult for tracking and maintaining inventory based on HSN codes Subsidy may be
given for procurement of such PoS machines so that it will increase the return iling ratio and also minimize the
digital transactions which has increased during the demonetization period but the same started falling and
reaching lower levels than the pre-demonetization period
middot IGST credit to be restricted only on import of raw materials - Manufacturers of India must be incentivized in
comparison to their position with traders of imported inished goods IGST credit on imports should be
restricted only to the manufacturer of imported raw materials Import of Finished goods must not be allowed
par beneit of credit of IGST to the trader of imported inished goods This will make the position of
manufacturers wiser and encouraging as compared to importers This will boost Make in India and promote
domestic manufacturers
middot Taking into consideration the rigorous procedure involved in Advance Ruling provisions iling of application on
behalf of association representing its members in a State may be permitted This will beneit small taxpayers not
being able to adopt this route for seeking certainty of their GST issues Such application can be accompanied
with list of all the members with their GSTIN on whom such ruling shall be applicable
middot If the MSME taxpayers pays the taxes promptly and also iles the returns in time there should be a certain
percentage of the amount of tax paid should be rewarded back This will prompt the taxpayers to be honest and
take the incentive This amount should be declared or given after the audit assessment so that undue beneit
will not be passed on the taxpayers Also region wise such taxpayers should be honored this will also motivate
others to pay taxes upfront
Conclusion
This is the third consecutive year India has made waves on the Doing Business ranking India improved on six of ten
parameters set by the World Bank as against eight last year becoming among top ten improvers for the second time in a
row This year alone India has moved up by a phenomenal 14 spots on the Doing Business Index a feat achieved by most
countries over a 20 year period Finance Minister Nirmala Sitharaman has spoken of the Governments keen interest in
improving rankings and keeping that goal in mind they are prepared to implement all sorts of reforms - especially under
GST and GST Compliance
ICSI-NIRC Newsletter I July 2021 56
stOn 1 July 2021 our beloved Goods and Service tax Act will be celebrating its 4th Birthday GST was introduced for 3
major purposes as One nation One tax ease of compliances and seamless low of credits to remove the cascading effects
of the taxes However in the last 4 years GST is reshaping itself by more than 900 amendments through Notiications
Circulars and Press release accordingly we can say it is changing day by day In this article author has discussed the topic
of ldquoE-way Bill under Goods and Services Tax (GST)rdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 57
E-way Bill under Goodsand Services Tax (GST)
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Sandeep Singh Chauhan ACS
sandy673711gmailcom
WhatisE-wayBill
E-way bill is an electronic permit or electronic generated document for movement of goods from one place to another
place which is to be generated on the E-way bill portal ie on wwwewaybillgstgovin
Earlier before the introduction of GST there was no concept of electronic way bill However the need to have check and
balances in the present has been felt necessary to discourage the parallel economy Introduction of E-way Bill in India
has been effected for inter-State movement of goods across the country from 1st April 2018 and on notiied dates by
respective State Government for intra state movements
WhenshouldE-wayBillbegenerated
If the value of goods of consignment is more than Rs 50000- except for certain speciied goods meant for Job work
goods meant for export with Customs seal from factory to Port airport ICD imported goods goods sent on approval
basis exhibition or fairs purposes removal for testing removal from factory to weighbridge for weighment of goods
and back to factory up to 20 kms inward supply from unregistered person SKD CKD Sales return For own use and
exempted goods
ARTICLE
ICSI-NIRC Newsletter I July 2021 58
Accordingly E-way Bill shall mandatorily generated on the common portal for all types of movements if the value of
goods exceeds more than Rs 50000- however E-way Bill needs to be generated mandatory even if the value of
consignment of goods is less than Rs 50000 where ndash
1 Movement of goods in inter-state by principal to the Job-worker
2 Handicraft goods are transported from one State or Union territory to another State or Union territory by a
person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of
section 24 of the CGST Act
Here the term Consignment Value means value determined as per section 15 of the CGST Act as mentioned on the
invoice bill of supply or delivery challan as the case may be including the applicable tax thereon However such
consignment value shall exclude the value of exempted supply where the invoice is issued in respect of both exempt and
taxable supply of goods (ldquoNotiicationNo122018rdquo)
WhoshouldgenerateE-wayBill
The primary responsibility to generate E-way Bill shall be of the registered person who causes the movement of goods
ie the consignor or the consignee as the case may be However if such consignor or consignee doesnt generate the
EWB it may be generated by transporter as well if authorized by the registered person In case of supply of goods by an
unregistered person to registered person the liability to generate EWB is on the recipient
As per revised Rule 138 (2) under Notiication No 122018 it has been provided that E-way Bill shall be required to be
generated in case the goods are transported by consignor or consignee in his own vehicle or in a hired one or a public
conveyance by road In such case the registered person causing the movement of goods may raise the EWB after
furnishing the vehicle no in Part B of FORM GST EWB ndash 01 if the value of goods being transported is more than
Rs50000-
Railway has been exempted from generation and carrying of e-way bill with the condition that without the production of
e-way bill railways will not deliver the goods to the recipient But railways are required to carry invoice or delivery
challan etc
ARTICLE
ICSI-NIRC Newsletter I July 2021 59
WhenE-wayBillisnotrequiredtobegenerated
In the following cases E-way Bill is not required to be generated
(i) The goods being transported are speciied in Annexure under Rule 138(14) of the Central Goods and Services Tax
Rules2017
(ii) The goods are being transported by a non-motorized conveyance
(iii) The goods are being transported from the port airport air cargo complex and land Customs Station to Inland
Container Depot or Container Freight Station ( for clearance by Customs)
(iv) The movement of goods within areas notiied under clause (d) of sub-rule (14) of the Goods and Services Tax Rules
of the Concerned State
(v) Goods ( other than de-oiled Cake) speciied in the Schedule appended to Notiication No22017-CT(Rate) dated
the 28th June2017 ie goods exempted from GST
(vi) Alcoholic liquor for human consumption petroleum crude high speed diesel motor spirit (commonly known as
petrol) natural gas or aviation turbine fuel
(vii) Goods which have been declared as no supply in Schedule III of CGST Act2017
(viii) Where the goods are being transported under Customs bond from an inland container depot or a container freight
station to a Customs port airport air cargo complex and land Customs station or from one Customs station or Customs
port to another Customs station or Customs port or under Customs supervision or under Customs seal
(ix) Where the goods being transported are transit cargo from or to Nepal or Bhutan
(x) Where the goods being transported are exempt from tax under Notiication No 72017-CT(Rate) dated 28th
June2017 as amended from time to time and Notiication No 262017-CT(Rate) dated the 21st September2017 as
amended from time to time
(xi) Any movement of goods caused by defence formation under Ministry of defence as a consignor or consignee
(xii) Where the consignor of goods is the Central Government Government of any State or a local authority for transport
of goods by rail
(xiii) Where empty cargo containers are being transported and
(xiv) Where the goods are being transported upto a distance of twenty kilometers from the place of business of the
consignor to a weighbridge for weighment or from the weighbridge back to the place of business of the said consignor
subject to condition that the movement of goods is accompanied by a delivery challan issued in accordance with Rule 55
BlockingandUnblockingofE-wayBill
middot E-way bill generation is blocked for taxpayers who have not iled their returns for the previous two consecutive
monthsquarters
middot Thus if a taxpayer has not iled GSTR-3B for two or more consecutive months then heshe cannot generate e-
way bills to do dispatches and receive goods resulting in a standstill
middot Only when a taxpayer iles GSTR-3B the e-way bills will get unblocked on the next day
middot The system of e-way bill clocking was implemented from the 2nd of December 2019
ARTICLE
ICSI-NIRC Newsletter I July 2021 60
Forexample if a taxpayer has not iled his GSTR-3B for April 2021 and May 2021 then his GSTIN will get blocked in the
e-way bill portal from June The main intention of the government is to track down the non-ilers of GST returns and
make them compliant
WhatifE-wayisnotgenerated
If the suppliers or transporters are not generating the e-way bills the same will be considered as contravention of
statutory provisions of GST law
As per Section 122 (xiv) of the CGST Act 2019 a taxable person who transports any taxable goods without the cover of
speciied documents E-way bill shall be liable to pay a penalty of Rs 10000- or an amount equivalent to the tax
evaded
As per section 129 of CGST Act2017 where any person transports any goods or stores any goods while they are in
transit in contravention of the provisions of this Act or the rules made thereunder all such goods and conveyance used as
a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to
detention or seizure to recover applicable tax and penalty from the person transporting goods and the owner of the
goods
SomeoftheimportantjudicialpronouncementonE-wayBill
SNo CaseName IssueampSummary
1 Ms KB Enterprises Vs Asst
Commissioner State Taxes amp
Excise-2019(12) TMI 1089-
GSTAA-HP
Section 129 proceeding cannot be initiated for Minor mistake(s) in e-
way bill- The minor mistakes in Part-B of the e-way bill (error in one or
two digitscharacters of the vehicle number) will not invite detention
order and only penalty of Rs 1000- (CGST- Rs 500- amp SGST-Rs 500-)
will become due to payable
2 Godrej Consumer Products Ltd
Vs ACSTampE-Cum- GIBHP
G o d re j C o n s u m e r 1 1 - 0 2 -
2020HC-67
Typographic error in entering distance in E-way bill is minor
mistake-Due to a typographic error while generating E-way bill the
petitioner mentioned approx distance between Puducherry to Himachal
Pradesh as 20 Kilometers instead of 2000 Kilometers As a result a
validity of one day has been calculated by the E-way bill portal instead of
twenty days and the E-way bill subsequently got expired on the very next
day The consignment was intercepted on dated 15th Sep 2018 and
thereby a taxpenalty has been imposed under section 129 of
HPGSTCGST Act 2019 for contravention of Rule 138 However it was
held by the Honble HC that typographic error may be treated as a minor
one and in such case if the demand and penalty have been levied by the
proper oficer us 129 the same need to be refunded to the supplier
ARTICLE
ICSI-NIRC Newsletter I July 2021 61
3 Hindon Machinery Tools Vs
State of UP- 2019 (22) GSTL 4
(All)
ReleaseoftheseizedgoodsforwritingwrongTaxInvoiceNoonE-
way Bill- Incorrectly mentioning the number of tax invoices as tax
invoice number on E-way Bill- Prima facie there seems no discrepancy in
E-way Bill attracting seizure of goods Goods directed to be released
without insisting for a deposit of any amount and furnishing security as
GST already paid on goods
4 Daily Fresh Fruits India Private
Limited v Commissioner SGST
2020-VIL-115- KER
Detentionofgoodsonthegroundofwrongclassiicationofgoods-
The High Court quashed detention order on the ground that this was a
bona-ide case of dispute in the classiication of goods and directed
release of goods
5 Commercial Steel Company v
Assistant Commissioner of State
Tax 2020-VIL- 116-TEL
Goodscannotbedetainedjustbecausedriverhastakenadifferent
route-The High Court observed that vehicle was found at another place
does not automatically lead to any presumption that there was an
intention of evasion of tax
6 Kun Motor Co Pvt Ltd Versus
Assistant State Tax Oficer
Kerala State GST Department
Thiruvananthapuram- 2019
(21) GSTL 3 (Ker)
Incidence of Tax is on Supply andnot onnature of transport-A
person from Trivandrum goes to Pondicherry purchases a car and
entrusts it to the car dealer to transport it to Trivandrum On the way in
Kerala the oficials under the GST Act intercept the vehicle and detain
the goods for no e-way bill accompanies the consignment The High
Court held that detention of car was illegal
The 43rd GST council meeting was held on 28th May 2021 The GST Council has met after more than six months The
meetings were chaired by Finance Minister Smt Nirmala Sitharaman Union Minister of State for Finance and Corporate
Affairs Shri Anurag Thakur was also present at the meeting besides the Finance Ministers of the states and union
territories (UTs) and other senior oficers of both the Ministry of Finance and the States and UTs
rdImportantMeasurestakeninGSTinthe43 CouncilMeetingforfacilitationreliefto
taxpayers
1AnnualReturnrelatedmeasures
middot Amendment in section 35 and 44 of CGST Act 2017 has been made through Finance Act 2021 to provide for self-
certiication of reconciliation statement in FORM GSTR-9C instead of previous requirement of certiication of
such statement by a Chartered Accountant Cost Accountant The said amendment would be notiiedwith
effectfrom01082021
middot This amendment will be applicable for the Annual return for the FY2020-21
middot The formatof GSTR-9 and GSTR-9C forms for FY 2020-21 would be same as for FY 2019-20 except for some
minimal changes to give effect to the said amendment
middot Requirement of furnishing annual return in FORMGSTR-99A for FY 2020-21 has been continued to be
optional for the taxpayers with annual turnover uptoRs2crores
middot Requirement of furnishing reconciliation statement in FORMGSTR-9Cfor FY 2020-21 will also continue to be
waived for the taxpayers with annual turnover uptoRs5crores
2AmnestySchemetoproviderelieftotaxpayersregardinglatefeeforpendingreturns
middot To provide relief to the taxpayers especially smaller taxpayers from high amount of late fee on pending returns
a latefeeamnestyscheme has been brought out in respect of pending returns in FORMGSTR-3B for the tax
periods from July2017toApril2021
middot Latefeehasbeenreduced waived conditionally in respect of such pending returns in FORMGSTR3B for the
tax periods from July2017toApril2021as under -
a Late fee capped to a maximum of Rs500-(Rs 250- each for CGST amp SGST) per return for taxpayers who did
nothaveanytaxliabilityfor the said tax periods
b Late fee capped to a maximum of Rs1000-(Rs 500- each for CGST amp SGST) per return for other taxpayers
c The reduced rate of late fee would be conditional and apply only if GSTR-3B returns for these tax periods are
furnished during the period between01062021to31082021
ARTICLE
ICSI-NIRC Newsletter I July 2021 62
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
Goods andServices Tax
ARTICLE
ICSI-NIRC Newsletter I July 2021 63
3Rationalizationoflatefeeimposedundersection47oftheCGSTAct
Late fee structure under section 47 has been rationalized for prospective tax periods to give relief to smaller taxpayers
from burden of higher late fee by linking the maximum late fee with tax liability turnover of the taxpayer
middot The late fee for delay in furnishing of FORMGSTR-3BandFORMGSTR1 has been capped as below for tax
periods June 2021 QE June 2021 onward
middot Fortaxpayershavingniltaxliability in GSTR-3B or nil outward supplies in GSTR-1 the late fee has been
capped at Rs500perreturn
middot Forothertaxpayers
a) For taxpayers having Annual Aggregate Turnover (AATO) in preceding year upto Rs 15 crore late fee has
been capped to a maximum of Rs2000perreturn
b) For taxpayers having AATO in preceding year between Rs 15 crore to Rs 5 crore late fee has been capped to a
maximum of Rs5000perretrun
c) For taxpayers having AATO in preceding year above Rs 5 crores late fee has been capped to a maximum of Rs
10000perreturn
middot The late fee for delay in furnishing of FORM GSTR-4 by composition taxpayers has been capped to Rs 500 per
return if tax liability is nil in the return and Rs 2000 per return for others from FY 2021-22 onward
middot Late fee payable for delayed furnishing of FORM GSTR-7 has been reduced to Rs50- per day and has been
capped to a maximum of Rs 2000- per return for returns from the month of June 2021 onward
4Retrospectiveamendmentofsection50toprovideinterestpaymentonnetcashbasis
middot Section 112 of the Finance Act 2021 relating to retrospective amendment in section 50 of the CGST Act has been
brought into force from 01062021
middot Accordingly retrospective amendmenthas been made in Section 50of CGST Act 2017 with effect from
01072017 to provide for payment of interest on the delayed payment of tax on netcashbasis
middot This will facilitate the taxpayers and help in removing ambiguity and disputes regarding payment of interest on
gross tax basis or net cash basis
5COVIDReliefMeasuresinGSTth st st
Government has issued various notiications on 27 April 2021 1 May 2021 and 1 June 2021 providing a number of
relief measures for taxpayers in GST
sect ReductioninrateofinterestConcessional rates of interest in lieu of the normal rate of interest of 18 per
annum for delayed tax payments have been provided for the months of March April and May 2021
sect Waiverof late fee Late fee waived for speciied number of days in respect of returns in FORMGSTR-3B
furnished beyond the due date for tax periods March April and May 2021 due in the April May and June 2021
respectively
sect ExtensionofduedateofilingGSTR-1IFFGSTR-4andITC-04
sect Due date of iling FORMGSTR-1 and IFF for the month of April 2021 and May 2021 has been extended by 15
days
sect Due date of iling FORMGSTR-4 for FY 2020-21 has been extended from 30th April 2021 to 31st July 2021
sect Due date of furnishing FORMITC-04 for Jan-March 2021 quarter has been extended from 25th April 2021 to
30th June 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 64
sect Extensioninstatutorytimelimitsundersection168AoftheCGSTAct Time limit for completion of various
actions by any authority or by any person under the GST Act which falls during the period from 15th April 2021 to
th th29 June 2021 has been extended upto 30 June 2021 subject to some exceptions as speciied in the notiication
sect Otherrelaxations
bull RelaxationinaailmentofITC Rule 36(4) ie 105 cap on availment of ITC in FORMGSTR-3B to be applicable
on cumulativebasisfor period AprilMayandJune2021to be applied in the return for tax period June 2021
Otherwise rule 36(4) is applicable for each tax period
bull The iling of GSTR-3B and GSTR-1IFF by companiesusing electronic veriication code (EVC) instead of Digital
Signature Certiicate (DSC) has been enabled for the period from the 27042021to31082021
6Refundrelatedmeasures
bullFacilityforwithdrawaloftherefundclaims
bull A new form RFD-01W has been provided for iling application of withdrawal of a refund claim by
amendment in Rule 90 of CGST Rules
bull It will help the taxpayers who have iled the refund application by mistake or for wrong period or have
made any mistake omission in the refund claim to withdraw the refund application rather than to ile
appeal once the refund claim is rejected
bullExclusionoftimetakenforissuanceofdeiciencymemoforcalculatinglimitationperiodforilingafresh
refundapplicationafterremovingdeiciencies
bull Rule 90 of CGST Rules amended to exclude the time taken by tax oficer in issuing deiciency memo in
FORM RFD-03 for purpose of calculating time for iling fresh refund claim after removal of deiciencies
bull This will help taxpayers in iling such fresh refund claims after removing deiciencies without getting
time barred due to time taken for issuance of deiciencies by the tax oficers
7RelaxationsinprovisionsofblockingofE-waybills
bull Rule 138E of CGST Rules 2017 amended to provide for restriction on generation of e-way bill only in respect of
outwardmovementof goods of a registered person who has defaulted in furnishing returns for 2 months or 2
consecutive tax periods
bull Prior to this amendment the supplier was not able to generate e-way bill for supply of goods to the defaulting
recipient though there may not have been any default on the part of the supplier himself
bull Withthisamendmentissuanceofe-waybillbythecompliantsupplierwillnotbeblockedin respect of
supply made to recipient including a recipient who has defaulted in furnishing two consecutive returns This
wouldensurethatbusinessofcompliantsuppliersarenotadverselyaffected
ARTICLE
ICSI-NIRC Newsletter I July 2021 65
8FacilitiesonPortalforeasingtheprocessofilingofreturns
bull Auto-draftedstaticinputtaxcreditstatementinFORMGSTR-2B
bull This facility has been made available on the portal for monthly tax payers since August 2020
bull This facilitates the taxpayers in determining and self-assessing their available input tax credit and thus
substantially reducing time taken to ile their returns
bull Auto-populationofGSTR-3Breturn
bull GSTR-3B returns are being auto-populated since December 2020 for monthly return ilers from the
details given by the taxpayers in their FORM GSTR-1 and from the details given by their suppliers in their
FORM GSTR-1
bull An editing facility is also provided to the taxpayers enabling them to make the corrections
amendments in the auto-populated return if required
bull ThesefacilitieshasnowbeenmadeavailablefortaxpayersunderQRMPschemealso
9MeasuresrelatedtoE-Invoicing
bull E-invoicing facility has been introduced for B2B supplies wef 01102020 for the taxpayers having annual
aggregate turnover of Rs 500 crores or more in any of the preceding inancial years
bull The threshold limit for generating e-invoice has been brought down to Rs 100 crores wef 01012021 and to Rs
50 crores wef 01042021
bull FORM GSTR-1 of the taxpayer is being auto-populated on the portal from e-invoice data Besides Part-A of e-way
bill is also auto-populated from the e-invoice data This helps in reducing time and cost for iling of GSTR-01 and
for generation of e-way bills
Introduction
As the world has become a global village and technology is playing the role of disrupter the corporates governments
and regulators constantly need to embrace changes thrown by these disruptions to ensure that aspirations of all
stakeholders are realized for growth and sustenance
It is an undisputed fact that pace of technology is very fast and one technological development annexes another one or
overshadows the same in certain cases But disruptions take place certainly and these disruptions bring their own sets
of opportunities and challenges
Emergingtechlandscapes
The recent buzzwords of technology are Machine Learning (ML) Artiicial Intelligence (AI) Internet of the Things (IoT)
and Automation They lessen human intervention enhance transparency and provide data analytics of highest accuracy
and eficiency for fostering eficient decisions making The regulatory domain does not remain untouched from these
technological revolutions Several compliance processes have become automat able audit activities are becoming more
technology oriented data extraction is on real-time basis and high-quality information is available for overall good
Impactoftechnologyoncompliance
So for the profession of company secretaryship the important point is ldquowhat is impact of technologyrdquo on compliance
domain Paradigm shifts are evolving as the transformations take place Areas such as automation of board processes
audits trails process and operational eficiency quality and economy have newer dimensions due to reshape of
technology At the same time new opportunities and challenges are emerging Let us examine them briely
Opportunities
Compliance and tech learning Traditional modes of compliances are undergoing drastic changes and new tools and
apps are playing havoc It is required that a Company Secretary whether in practice or employment should be tech-savvy
though being tech-savvy does not mean to become technology expert Generic knowledge and usage of applications and
functions will sufice and there is no need to acquire hardcore programming and development knowledge
Basic understanding and usage of technological aspects involved in compliance work will help company secretaries
validate compliance tasks with reinforced transparency and eficiency Technology helps in tracking the trails be they
compliance trail audit trail or any other important business function
ARTICLE
ICSI-NIRC Newsletter I July 2021 66
Technology inCompliance
The Game ChangerCS Ajay Kumar Sharma ACS
csajaysharmayahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
More importantly Governments are becoming very strict about trails and they are instructing technology solution
providers to architect systems in such a way so that complete track of transactions right from its origination till its
relection in ultimate system including all edits is possible
An understanding of compatibility between business requirements and technology solutions will open plethora of
opportunities for Company Secretaries
The bar is already rising From computer literacy it is now tech literacy The ICSI has a major role to play for this initiative
taking into consideration requirements and growth of all stakeholders
Challenges
Prevention of frauds Though technology is providing sophisticated business solutions cases of frauds with the
involvement of technology are on the rise As the impact of transactions may be over several geographies there may be
penalties and prosecutions from multiple regulators Section 447 of the Companies Act 2013 is extremely tough on
corporate frauds Deeper penetration of technology in business systems along with tough regulatory requirements
makes it imperative on the part of compliance oficers to take extra precautions International compliances such
Sarbanes Oxley Act 2002 put additional responsibilities for US companies working across several jurisdictions
The irst mantra of compliance eficiency is Evaluate document and do it right irst time
Conclusion
To sum up technology being the game changer this is going to be the era of ldquolearn unlearn and re-learnrdquo to cope with
technological disruption Exposure to different facets of compliance in technological environment will result in positive
enrichment of all stakeholders Let global society be the biggest winner
ARTICLE
ICSI-NIRC Newsletter I July 2021 67
JourneyofGSTinIndia
We can say that introduction of GST is a roller coaster ride The GST journey began in the year 2000 when a committee
was set up to draft law The PM Atal Bihari Vajpayee formed an Empowered Committee (EC) to create a structure for GST
based on their experience in designing State VAT
In 2004 A task force concludes GST must be implemented to improve current tax structure
In 2006 Finance Minister proposes GST introduction from April 1 2010 In 2007 CST phased out and rates reduced
from 4 to 3
In 2008 The inance minister conirmed that considerable progress was being made in the preparation of the roadmap
for GST The targeted timeline for the implementation was conirmed to be 1 April 2010 EC inalises dual GST structure
to have separate levy legislation
In 2010 Project to computerise commercial taxes launched but following this the implementation of GST was pushed
by one year
In 2011 Govt put forth the Constitution Amendment Bill for the introduction of GST
In 2012 The Standing Committee starts discussion over the bill but the opposition party raise concern over the clause
279B that offers additional powers to the Centre over the GST dispute authority
In 2013 Standing Committee tables its reports on GST The panel approves the regulation with few amendments to the
provisions for the tax structure and the mechanism of resolution
In 2014 The inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in the parliament
In 2015 The GST Bill passed in Lok Sabha but not in Rajya Sabha
In 2016 The Finance Ministry published the draft model law to public for their opinions and views Also amended
Model GST law passed in Rajya Sabha also
In 2017 Four Supplementary Bills passed in Lok Sabha and approved in Parliament and by President
1 Central CST Bill
2 Integrated GST Bill
3 Union Territory GST Bill
4 GST (Compensation to States) Bill
GST Council inalizes the GST Rates and GST Rules and inally GST law came into force from 1 July 2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 68
GST - One Countryone market one tax
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Meenakshi ACS
agarwalmeenakshi75gmailcom
IntroductionofGST
GST (Goods and Services Tax) is a destination based tax on consumption of goods and services It is a destination based
Tax and proposed to be levied at all stages right from manufacture up to inal consumption with credit of taxes ie ITC
(Input Tax Credit) paid at previous stages available as setoff GST has a dual aspect with the Centre and States
simultaneously levying on a common tax base
There are three main components of GST which are
1 CGST (Central GST) Taxes collected under CGST will constitute the revenues of the Central Government
2 SGST (State GST) A collection of SGST is the revenue of the State Government
3 IGST (Integrated GST) Revenue collected under IGST is divided between Central and State Government as per the
rates speciied by the Government IGST is charged on transfer of goods and services from one state to another Import of
goods and services are also covered under IGST
Image showing subsumed of various Central and State Taxes into GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 69
Beneits of GST Registration in Business
One of the most important beneit of the move is the mitigation of double taxation or the elimination of the cascading
effect of taxation
1MitigatingCascadingeffectofTax By subsuming most of the Central and State taxes into a single tax and
by allowing a set-off of prior-stage taxes for the transactions across the entire value chain it would mitigate
the ill effects of cascading improve competitiveness and improve liquidity of the businesses
ARTICLE
ICSI-NIRC Newsletter I July 2021 70
2TechnologydrivenTax GST is largely technology driven It will reduce the human interface to a great extent and this
would lead to speedy decisions
3 FindBuoyancy inGovernmentRevenue GST is expected to bring buoyancy to the Government Revenue by
widening the tax base and improving the taxpayer compliance The reform is also expected to improve the countrys
ranking so far as the Ease of Doing Business Index is concerned It is also estimated to enhance GDP growth by 15 to
2
4LesserCompliancesandeasytofollow It simpliied the Indirect tax regime After introduction of GST all tax payer
services such as registrations returns payments etc would be available to the taxpayers onlinewhich would make
compliance easy and transparent
5UniformityofTaxRatesandTaxationprocess all tax payer services such as registrations returns payments etc
would be available to the taxpayers online which would make compliance easy and transparent
6HigherrevenuegenerationThe possibility of tax evasion is minimised completely with GST coming into action
Also GST is expected to decrease the cost of collection of tax revenues of the Governmentand will therefore lead to
Higher revenue eficiency
GSTRegistration
Under GST regime Businesses whose turnover exceeds the threshold limit (Table given below) require to register
under GST It becomes mandatory for some businesses to register mandatorily as heavy penalties will attract if business
is carry on without GST registration
GSTRegThresholdLimit
th On 10 January 2019 In 32 GST Council Meeting changes in limits of GST registration was proposed which was further
approved by CBIC and new threshold limit of GST Registration come into existence which helps to ease compliance
under GST An option was provided to States to opt for the new limits or continue the earlier ones Here is the table
showing earlier threshold limits new limits and the effective date of applicability-
AggregateTurnover RegistrationRequired Applicability
Earlier limits- For Goods amp Services
Exceeding Rs 20 Lakh Yes ndash For Normal Category States Up to March 31 2019
Exceeding Rs 10 Lakh Yes ndash For Special Category States Up to March 31 2019
New Limits- For Goods
Exceeding Rs 40 Lakh Yes ndash For Normal Category States From April 1 2019
Exceeding Rs 20 Lakh Yes ndash For Special Category States From April 1 2019
New Limits- For providing Services ndash No Change- same as earlier
ARTICLE
ICSI-NIRC Newsletter I July 2021 71
PersonsliableforGSTRegistration
ChecklistofdocumentsrequiredforGSTregistration
1 PAN of the applicant
2 Copy of Aadhaar card
3 Proof of business registration or incorporation certiicate
4 Identity of address proof of promotersdirectors with photographs
5 Bank account statement cancelled cheque showing name address and a few transactions
6 Digital Signature of authorised signatory
7 Authorisation letter or Board resolution for authorised signatory
ARTICLE
ICSI-NIRC Newsletter I July 2021 72
GSTRegistrationAadhaarVeriication
Notiication issued by CBIC (Central Board of Indirect Tax and Customs) on March 23 2020 for GST Aadhaar
authentication from April 1 2020 For ease of doing business GST registration with Aadhaar veriication required by
thnew taxpayers ndash GST Council approved in its 39 meeting All Indian citizens can take this facility except tax deductors
retrieval services and tax collectors Govt dept PSUs Local authority and statutory authority also excluded from
Aadhaar authentication Due to pandemic physical veriication is risky So its easy to get online GST Aadhaar
veriication
ProcessofGSTregistrationAadhaarveriication
Applicant need to submit Aadhaar number along with application for registration under GST and then e -verify the same
on GST Portal using authentication link which is sent to Mobile Number and E-mail ID linked to Aadhaar Enter the OTP
sent on mobile number and email id and get e- validated
In conclusion GST has been a revolutionary tax system for India Most noteworthy many experts hail it as one of the
biggest tax reforms GST certainly is beneicial for the entire population of India
ARTICLE
ICSI-NIRC Newsletter I July 2021 73
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Dhiraj Kheriwal ACS
dhirajkheriwal5gmailcom
Indias Economy -Challenges
after Covid-19
COVID-19 pandemic is a signiicant shock to economies all around the world Even the major economies like the USA
have been badly mauled with unemployment rising and a cut in economic growth The Pandemic has caused a shock for
the Indian economy as well Consumption manufacturing exports capital lows the legs on which the Indian economy
had been growing have all been impacted adversely
India came out of lockdown about 2 months back with restrictions still in many parts of the country There is no magic
quick ix or shortcut to stimulate and restart demand in an economy which is the most important key to economic
revival next to vaccine becoming available This will take time patience and continuous effort Amidst this uncertainty
what will be key to revival is how people come out of their homes how people restart their lives how will it impact
demand organically and availability of capital when businesses are ready to kick start production to service demand
Potentialgrowthhasslowed-
Indias potential growth may have slowed down by over one percentage point due to the longer-than-expected
disruption caused by COVID-19 and a modest policy response so far UBS Securities said in a report
ldquoWe estimate Indias potential growth to have slowed to 6 (from 71 YoY estimated in 2017) due to longer-than-
expected disruption caused by the pandemic balance-sheet concerns faced by economic agents (especially the inancial
sector and households)rdquo ldquoThis implies dificult economic challenges for many years to comerdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 74
It said the biggest challenge before India would be its ability to create ample employment opportunities for the rising
working-age population
ldquoWe believe India needs to grow by at least 8 YoY annually just to absorb incremental labour force with a focus on
mobilisation of resources towards manufacturing and exportsrdquo
Climatechange-
Climate change threatens Indias attempts to improve its citizens standard of living More than 600 million Indians face
a cute water shortages Bangalore and New Delhi are two of the 21 cities that could deplete their groundwater in 2020 In
July 2019 the city of Chennai ran out of groundwater Over 200000 people die from contaminated water By 2030 40
of the population will have no access to drinking water
Most of Indias rainwater falls during the four-month monsoon season It isnt captured eficiently Climate change will
increase looding from these monsoons
IncreaseinEmployment
ARTICLE
ICSI-NIRC Newsletter I July 2021 75
The depth of the slowdown in the current inancial year means that a rebound is inevitable but unemployment could
hamper the recovery process The issue of migrant workers will have an impact on the economic growth and availability
of quality workers in the post-COVID-19 world will be a challenge
India should be wary of the challenges in smooth recovery in labour markets While GDP in India was growing
employment remained stagnant and if this trend continues its another problem Without a boost in employment
households incomes will be under strain consumer sentiments will be low and the economic recovery will be sluggish
Predominanceofagriculture-
Less developed countries live mainly upon agriculture and extractive industries like mining isheries and forests
Predominance of agriculture is explained from the viewpoint of sectoral composition of national income and
occupational pattern
In India in 1950- 51 more than 55 pc of our GDP came from the agricultural sector or the so- called primary sector In
2007-08 however the contribution of this sector toward GDP came down to194 pc
Theightwillbeaboutincreasingeconomicactivity-
With the lockdown the economic activity came to a grinding halt in India from the end of March Domestic consumption
almost wiped out Pay cuts and layoffs combined with fear of spread led to lack of shopping and completely eroded
demand
While the non-discretionary spending on groceries and other essential items remained largely unscathed during the
lockdown the revival in consumption will be driven by discretionary as well as non-discretionary spending Despite the
Indian governments decision to remove most the demand scenario is expected to remain weak for most of the current
inancial year But it could make a comeback next year
And as the uncertainty surrounding income and jobs reduces economists believe that some people will be able to raise
their discretionary spending on non-essential goods during festive season and thereafter lowing into 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 76
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Abhishek Goyal FCS
abhishekcsajmergmailcom
TREATMENT OF GST ONRESTAURANT BUSINESS
Implications of GST on restaurant business makes an interesting study and is important from the point of view of GST
consulting and practicing service to be rendered by practicing Company Secretaries as GST provides a promising
practicing and consulting platform for Company Secretaries
Let us now discuss these implications in the form of questions and answers which would enable the reader to get an easy
understanding of the provisions of GST in this regard
Q1 Please explain place of supply provisions in case of restaurant business and its importance for such business
Ans As per sub section (4) of Section 12 of the IGST Act place of supply in case of restaurant business is determined on
performance basis In other words place of supply (POS) in case of restaurant service is considered on performance
basis Accordingly POS in case of restaurants shall be the place where such service was actually performed which is
usually the place where such restaurant is situated
POS is important for both goods and services as the taxable event in GST is supply of goods and services
Q2 Whether restaurant owners can avail composition scheme under GST
Ans Yes composition scheme is open to restaurant business owners
Q3 What is the effective rate of GST on restaurant business under composition scheme
Ans It is 5 subject to maximum turnover of Rs 15 crores
Q4 We are running a food joint located in a standalone building with takeaway as well as sitting facilities to our
customers We are registered under GST normal scheme Can we take beneit of ITC on purchases made by us in relation
to our outward services
Ans A restaurant or a food joint or an eatery located in a standalone building ie not being located inside any hotel inn
guest house or club is not eligible for availing ITC even if purchases made by it were in the course of and in furtherance of
its business Such restaurants shall charge GST 5 on their services without ITC
Q5 We are running a standalone restaurant We have purchased an oven and a chimney for the purpose of our
restaurant Can we avail ITC on it
Ans As already stated in answer to question no 3 no ITC is available to a standalone restaurant even if goods or services
are availed in the course of or in furtherance of business
Q6 Would your answer be different if we are located in a hotel
Ans If a restaurant is located inside a hotel inn guest house lodge or a club where room rent per day exceeds Rs 7500-
the restaurant can avail ITC however GST rate in that case will be 18 In other words such a restaurant will have to
charge GST at 18 which in the case mentioned in reply to question no 1 is 5
ARTICLE
ICSI-NIRC Newsletter I July 2021 77
Q7 Is there any difference in GST rate for AC and Non AC restaurants
Ans The different GST rates prescribed for AC and non AC restaurants have been done away with All restaurants
whether AC or non AC are subject to GST rate of 5 without ITC or 18 with ITC depending upon whether restaurant is
located in a standalone building or inside an hotel inn guest house club etc where room rent per day is above Rs 7500-
Q8 We are engaged in outdoor catering services what are the GST implications for us
Ans For outdoor catering services as of now the GST rate is 18 with ITC
Q9 A restaurant is located inside a three star hotel with room rent of more than Rs 7500- per day The restaurant is also
offering some sweets which may be ordered as a takeawayparcel or may be consumed on a table in the restaurant itself
What are the GST implications on both situations
Ans Sweets attract 5 GST so take away from the counter will attract 5 GST only Whereas if sweets are consumed on a
table in the restaurant itself then it will attract GST at 18 since restaurant is located inside a hotel with room tariff of Rs
7500- and above
Q10 We are a moving restaurant and are providing over the counter take away and parcel services to our customers
What is the GST rate to be charged
Ans In this case GST to be charged is 5 without ITC
Q11 We are running a school We have an in house canteen for the beneit of our staff and students What are the GST
implications on us in the two situations
(i) if we supply food and beverages to our staff and students ourselves
(ii) if we engaged a contractor for running the canteen and to provide food and beverages to our staff and students
Ans In the situation (i) GST is exempt
In situation (ii) GST to be charged is 5 In this case the contractor is liable to charge GST at 5
ARTICLE
ICSI-NIRC Newsletter I July 782021
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shubham Budhiraja ACS
shubhambudhiraja02gmailcom
PROVISIONAL ATTACHMENTUNDER GST amp DOCTRINE OF
PROPORTIONALITYThe GST Fraud case initiated against GM Power-tech for issuances of fake invoices to various companies including MS
Radha Krishnan (Appellant) The joint commissioner thereafter in exercise of its delegate powers issued Notice under
Section 83 for provisional attachment of bank account of appellant which was challenged by appellant before HC in Writ
petition which was dismissed due to availability of alternative remedy in GST Act The Supreme Court held that exercise
of power by Joint Commissioner under Section 83 provisional attachment was in violation to provisions of law and
against principles of Order 38 Rule 5 and without application of mind and thus Writ was maintainable Hence HC
committed error in law in refusing the Writ
(i) Whetherwritpetitionmaintainableagainstorderofprovisionalattachmentundergstact
yesiforderiswithoutapplicationofmindoragainstprincipleofnaturaljusticeorwithoutjurisdiction
(ii)Whetherorderofprovisionalattachmentcanbeusedtogetspeedyrecoveryofstaterevenueundergst
act
Noprovisionalattachmentisbasedonproportionalitydoctrine
WritPetitionunderArticle226ampExceptionToRuleOfAlternateRemedy
(I) AssistantCommissioner (CT)LTUKakinadaandothersvGlaxoSmithKlineConsumerHealthCare
LimitedAIR2020SC2819 There are certain exceptions to the ldquorule of alternate remedyrdquo include where
- The statutory authority has not acted in accordance with the provisions of the law or
- acted in deiance of the fundamental principles of judicial procedure or
- has resorted to invoke provisions which are repealed or
- Where an order has been passed in violation of the principles of natural justice
(II)WhirlpoolCorporationvRegistrarofTrademarksMumbai(1998)8SCC1 R u l e o f a l t e r n a t i v e
remedy not to operate as a bar in at least three contingencies namely where the writ petition has been iled for
the
- Enforcement of any of the Fundamental Rights or
- There has been a violation of the principle of natural justice or
- Order or proceedings are wholly without jurisdiction or
- The vires of an Act is challenged
Analysis
(I) The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of
fundamental rights but for any other purpose as well
(II) The High Court has the discretion not to entertain a writ petition One of the restrictions placed on the power of
the High Court is where an effective alternate remedy is available to the aggrieved person
(III) Exceptions to the rule of alternate remedy arise where
ARTICLE
ICSI-NIRC Newsletter I July 2021 79
(a) the writ petition has been iled for the enforcement of a fundamental right protected by Part III of the
Constitution
(b) there has been a violation of the principles of natural justice
(c) order or proceedings are wholly without jurisdiction
(d) the vires of a legislation is challenged
(IV) An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the
Constitution in an appropriate case though ordinarily a writ petition should not be entertained when an
eficacious alternate remedy is provided by law
(V) When a right is created by a statute which itself prescribes the remedy or procedure for enforcing the right
or liability resort must be had to that particular statutory remedy before invoking the discretionary remedy
under Article 226 of the Constitution This rule of exhaustion of statutory remedies is a rule of policy
convenience and discretion and
(VI) In cases where there are disputed questions of fact the High Court may decide to decline jurisdiction in a
writ petition However if the High Court is objectively of the view that the nature of the controversy requires
the exercise of its writ jurisdiction such a view would not readily be interfered with
AttachmentbeforeJudgmentampProvisionalAttachment
(I) RamanTechProcessEnggCoandAnrvSolankiTraders2008(1)RCR(Civil)195
(A) The power under Order 38 Rule 5 Civil Procedure Code is a drastic and extraordinary power Such
power should not be exercised mechanically or merely for the asking It should be used sparingly and
strictly in accordance with the Rule The purpose of Order 38 Rule 5 not to convert an unsecured debt
into a secured debt Any attempt by a plaintiff to utilize the provisions of Order 38 Rule 5 as a leverage for
coercing the defendant to settle the suit claim should be discouraged
(II)ValeriusIndustriesvUnionofIndia2019(30)GSTL15(Gujarat)
(A) The power under Section 83 of the Act for provisional attachment should be exercised only if there is
suficient material on record to justify the satisfaction that the assessee is about to dispose of wholly or
any part of hisher property with a view to thwarting the ultimate collection of demand and in order to
achieve the said objective the attachment should be of the properties and to that extent it is required to
achieve this objective
(B) The power under Section 83 of the Act should neither be used as a tool to harass the assessee nor should
it be used in a manner which may have an irreversible detrimental effect on the business of the assessee
(C) The attachment of bank account and trading assets should be resorted to only as a last resort or measure
The provisional attachment under Section 83 of the Act should not be equated with the attachment in
the course of the recovery proceedings
(III)JaiAmbeyFilamentPvtLtdvUnionofIndia2021(44)GSTL41(Gujarat)
(A) Subjective satisfaction as to the need for provisional attachment must be based on credible information
that the attachment is necessary
(B) The opinion cannot be formed based on ldquoimaginary grounds wishful thinking howsoever laudable that
may berdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 80
(IV)PatranSteelRollingMillvAssistantCommissionerofStateTaxUnit22019(20)GSTL732(Gujarat)
(A) Two instances in which provisional attachment would be apposite these being where the
- assessee is a ly by night operator and
- If the assessee will not be able to pay its dues after assessment
(V) ProexFashionPrivateLimitedvGovernmentofIndiaWP(C)11245of2020dated6January2021
Conditions for the invocation of Section 83 of the SGST Act
I Order should be passed by Commissioner
II Proceeding under Section 62 or 63 or 64 or 67 or 73 or 74 should be pending
III Commissioner must form an opinion
IV Order should be passed to protect interest of revenue
V It must be necessary to attach property
(VI)UFVIndiaGlobalEducationvUnionofIndia2020(43)GSTL472
Pendency of proceedings under the sections mentioned in Section 83 viz Sections 62 or 63 or 64 or 67 or 73
or 74 is the sine qua non for an order of provisional attachment to be issued under Section 83
(VII)KaishImpexPrivateLimitedvUnionofIndia(2020)6AIRBomR122
(A) Taxable account of the taxable person can be attached against whom the proceedings under the sections
are initiated Section 83 does not provide for an automatic extension to any other taxable person from an
inquiry speciically launched against a taxable person under these provisions
(B) The format of the order ie the form GST DRC-22 also speciies the particulars of a registered taxable
person and which proceedings have been launched against the aforesaid taxable person indicating a nexus
between the proceedings to be initiated against a taxable person and provisional attachment of bank
account of such taxable person
(V)VishwanathRealtorvStateofGujaratSpecialCivilNo7210of2015decidedon29April2015
(A) Satisfaction must be on some tangible material on objective facts with the Commissioner In a given case on
the basis of the past conduct of the dealer and on the basis of some reliable information that the dealer is
likely to defeat the claim of the Revenue in case any order is passed against the dealer under the VAT Act
andor the dealer is likely to sale his properties andor sale andor dispose of the properties and in case
after the conclusion of the assessmentreassessment proceedings if there is any tax liability the Revenue
may not be in a position to recover the amount thereafter in such a case only however on formation of
subjective satisfactionopinion the Commissioner may exercise the powers under Section 45 of the VAT
Act
ARTICLE
ICSI-NIRC Newsletter I July 2021 81
SECTION83ampITSCONDITIONS
(i) The power to order a provisional attachment is entrusted during the pendency of proceedings under any one of
six speciied provisions Sections 62 63 64 67 73 or 74 In other words it is when a proceeding under any of
these provisions is pending that a provisional attachment can be ordered
(ii) The power to order a provisional attachment has been vested by the legislature in the Commissioner
(iii) Before exercising the power the Commissioner must be ldquoof the opinion that forthepurpose of protecting the
interest of the government revenue it is necessarysotodordquo
(iv) The order for attachment must be in writing
(v) The provisional attachment which is contemplated is of any property including a bank account belonging to the
taxable person and
A provisional attachment under Section 83 is contemplated during the pendency of certain proceedings meaning
thereby that a inal demand or liability is yet to be crystallized An anticipatory attachment of this nature must
strictly conform to the requirements both substantive and procedural embodied in the statute and the rules The
exercise of unguided discretion cannot be permissible because it will leave citizens and their legitimate business
activities to the peril of arbitrary power Each of these ingredients must be strictly applied before a provisional
attachment on the property of an assesses can be levied The Commissioner must be alive to the fact that such
provisions are not intended to authorize Commissioners to make preemptive strikes on the property of the assessee
merely because property is available for being attached There must be a valid formation of the opinion that a
provisional attachment is necessary for the purpose of protecting the interest of the government revenue
PROPORTIONALITYampSECTION83
The expressions in Section 83 give regard to both the purpose and necessity of provisional attachment implicate the
doctrine of proportionality Proportionality mandates the existence of a proximate or live link between the need for the
attachment and the purpose which it is intended to secure It also postulates the maintenance of a proportion between
the nature and extent of the attachment and the purpose which is sought to be served by ordering it
Moreover the words embodied in Section 83(1) would leave no manner of doubt that while ordering a provisional
attachment the Commissioner must in the formation of the opinion act on the basis of tangible material on the basis of
which the formation of opinion is based in regard to the existence of the statutory requirement
CONCLUSION
(I) Order 38 Rule 5 CPC provides for provision of Attachment before Judgment
(II) Section 83 of CGST Act 2017 are on same principle provides for Provisional attachment of any property of
assesse by commissioner for protecting interest of Govt Revenue
(III) Section 83 is based on Proportionality doctrine ndash ldquo for the purpose of necessity to do sordquo
(IV) Provisional attachment is based on test of Tangible Material
(V) Under the provisions of Rule 159(5) the person whose property is attached is entitled to dual procedural
safeguards
ARTICLE
ICSI-NIRC Newsletter I July 2021 82
(a) An entitlement to submit objections on the ground that the property was or is not liable to attachment
and
(b) An opportunity of being heard
(VI) The Opinion to passes order for Provisional attachment has to be on basis of material on record and based
on proportionality doctrine
(VII) Mere for expediency in revenue recover is not a ground for which provisional attachment to be passed
(VIII) Provisional attachment is draconian in nature
(IX) Section 83 does not provide for an automatic extension to any other taxable person from an inquiry
speciically launched against a taxable person under these provisions
(X) Since power to provisional attachment is delegated to Joint commissioner under Section 5(3) hence there is
no appeal available to Appellate authority under Section 107(1) because joint commissioner is not
performing functions of commissioner but of delegate Hence Writ petition was maintainable
(XI) Even where alternative remedy is available writ can be maintainable where
(a) Matter involved is of Fundamental rights
(b) Matter involved is of Natural Justice non-application of mind
(c) Matter involved absence of jurisdiction excess of jurisdiction
chapters of nirc of icsibull Agra
bull Ajmer
bull Alwar
bull Amritsar
bull Bareilly
bull Bhilwara
bull Bikaner
bull Chandigarh
bull Dehradun
bull Faridabad
bull Ghaziabad
bull Gorakhpur
bull Gurugram
bull Jaipur
bull Jalandhar
bull Jammu
bull Jodhpur
bull Kanpur
bull Karnal
bull Kota
bull Luchnow
bull Ludhiana
bull Meerut
bull Modinagar
bull Noida
bull Panipat
bull Patiala
bull Prayagraj
bull Shimla
bull Srinagar
bull Udaipur
bull Varanasi
ARTICLE
ICSI-NIRC Newsletter I July 2021 83
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shikha Saxena ACS
shikhasaxena214gmailcom
Goods andService Tax
Introduction GST was introduced to replace multiple indirect taxes levied by State and Central Government GST is
Single domestic indirect tax law for the entire country So it is an indirect tax which replaced many indirect taxes in India
such as excise duty VAT Service tax etc
Features
1 Destination Based Tax
2 Multi stage
DestinationBasedTax
It means tax will be levied at the place where goods and services are consumed not at the origin So the state which
consume the goods and services will have right to collect GST
Example A good is manufactured in Rajasthan and sold in Gujrat then the Rajasthan Government will receive revenue
from taxing manufacturing and warehousing whereas Gujrat Government will receive the revenue of the inal sale
MultiStage
GST is levied on on value addition done on every stage
Example Once raw material has been bought value is added by manufacturer by means of making the raw material into
a product The warehousing is the next step where value is added which is then sold to retailers where the inal addition
of value is done At each step GST will be levied
DifferenceBetweenGSTandearlierTaxSystem
EarlierTaxSystem GST
Goods
Manufacture Sale Excise Duty VatSales Tax
In case of Service Service Tax levied
GoodsServices
Supply
GST
Central GST Integrated GST State GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 84
HowGSTisBeneicialascomparetoearliertaxstructure
1 Removing the cascading effect of Tax
2 Higher threshold for GST Registration
3 Composition Scheme for small business
4 Simpler online facilities for GST Compliance
5 Deined treatment for e-commerce activities
6 Regulating the unorganized sector
In simple terms it can be explained through example
EarlierSystem GSTSystem
Product sale from Rajasthan to Gujrat Price Rs 1000 Price Rs 1000
VAT 10 Rs 100 CGST 5 Rs 50
Total Cost Rs 1100 SGST 5 Rs 50
Total Cost Rs 1100
Product sale from Gujrat to Haryana Cost Price Rs 1100 Cost Price Rs 1100
Proit Rs 1000 Proit Rs 1000
Sell Price = Cost + Proit Sell Price = Cost + Proit
Sell Price Rs 2100 Sell Price Rs 2100
CST 10 Rs 210 IGST 10 Rs 110
Total Price Rs 2310 Total Price Rs 2210
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
In the end every time an individual is able to claims the input tax credit the sale price is reduced and the cost price for
the buyer is reduced because of lower tax liability The inal value of the product is therefore reduced from Rs2310 to Rs
2210 thus reducing the tax burden on the inal customer
BeforestudyinggointodeeperitisnecessarytounderstandthejourneyofGSTin
IndiaHistoryofGSTinIndia
ARTICLE
ICSI-NIRC Newsletter I July 2021 85
ComponentsofGST
CGST Central Goods and Service Tax
They are levied by the central government for intrastate movement of goods and services Intrastate means within one
state CGST revenues go to the central government
SGST State Goods and Services Tax
They are levied by the state government thats state indirect taxes It is the tax collected by the state government on an
intra-state sale
IGST Integrated Goods and Services Tax
It is a tax collected by the Central Government for an inter-state sale
Sale Within the State CGST + SGST Revenue will be shared equally between the centre and the State
Sale to another State IGST There will only be one type of tax (central) in case of inter state sale The centre
will then share the IGST revenue based on the destination of goods
Turnover(ForsaleofGoods)
Registration Effective
Exceeds Rs 20 Lakh Yes- For Normal Category States stEffective from 1 April 2019
Exceeds Rs 20 Lakh Yes- For Special Category States stEffective from 1 April 2019
ForProvidingServices
Persons providing services need to register if their aggregate turnover exceeds Rs 20 Lakh for normal category states
and Rs 10 Lakh for Special category states
Asperthenewamendmentanoptionwasgiventothestatestooptfornewlimitsor
continuetheearlierstatusquo
N o r m a l C a t e g o r y
StateUTforanewlimit
ofRs40Lakh
Kerala Chhattisgarh Jharkhand Delhi Bihar Maharashtra Andhra Pradesh Gujrat
Haryana Goa Punjab Uttar Pradesh Himachal Pradesh Karnataka Madhya Pradesh
Odisha Rajasthan Tamil Nadu West Bengal Lakshadweep Dadra and Nagar Haveli
Daman and Diu Andaman and Nicobar Island and Chandigarh
NormalCategorystatewhochoosestatusquo
Telangana
SpecialcategoryStateswhooptedfornewlimitofRs40Lakh
Jammu and Kashmir and Assam
SpecialCategoryStateswhooptedfornewlimitofRs20Lakh
Puducherry Meghalaya Mizoram Tripura Manipur Sikkim Nagaland Arunachal Pradesh Uttarakhand
ARTICLE
ICSI-NIRC Newsletter I July 2021 86
Section 24 of the Central Goods and Service Tax Act 2017 explains the Provisions of compulsory registration
Oslash The person engaged in the inter-state taxable supply of goods or services or both
Oslash A casual taxable person engaged in taxable supply
Oslash Persons liable to pay tax under reverse charge mechanism
Oslash A non-resident taxable person engaged in providing taxable supply
Oslash A person liable to pay tax under section 9 (5) of the Act
Oslash The person liable to deduct tax at source (TDS)
Oslash Input Service Distributor
Oslash E-commerce operator
Oslash Person supplying online information and database access or retrieval services from a place outside India to a
person in India other than a registered taxable person
SlabRates
There are around six slabs of rates as per latest council meeting of GST
Rates Particulars
5 Cream and yogurt paneer cashew nut raisins fruit and nuts and a few others Now for these products
25 goes to the state government and the rest 25 goes to the CGST Many household items are
covered in this section
12 Citrus fruits jams sausages 20l drinking water statues pots and jars geometry box cutlery railway
coaches printer ink wooden toys and more Here for every product 6 goes towards CGST and 6
goes towards SGST This section covers processed food to a great extent
18 Bindis chocolates fountain pens tripods soap toothpaste and industrial intermediate products are
therein this slab Here 9 goes towards SGST and 9 goes towards CGST The central goods and
services tax act 2017 has a full list of items
28 Cigarettes caffeinated beverages pan masala motor cars and motorcycles air conditioners
refrigerators etc Mainly luxury items are covered in this sector In this 14 goes towards SGST and
14 goes towards CGST
3 Coins gold silver platinum imitation jewellery etc are taxed at 3 Here 15 goes towards SGST
and 15 towards CGST
25 Precious stones are taxed at 025 where 0125 goes towards CGST and 0125 goes towards SGST
0 There are also some products that are taxed at 0 basically they are tax free
Mammals live swine live bovine mammals birds insects ish curd lassi buttermilk bananas
apples grapes human hair sanitary napkins among others
ARTICLE
ICSI-NIRC Newsletter I July 2021 87
The central GST Act 2017 has a full updated list of all items under all GST tax slabs
NewCompliancesUnderGST
E-WaysBills E-invoicing
M a n u f a c t u r e r s t r a d e r s a n d
transporters can generate e-way bills
for the goods transported from the
place of its origin to its destination on
a common portal with ease
Tax authorities are also beneited as
this system has reduced time at check
-posts and helps reduce tax evasion
It is applicable on whose turnover of more than Rs500 crore in any preceding
inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100
crore
These businesses must obtain a unique invoice reference number for every
business-to-business invoice by uploading on the GSTNs invoice registration
portal The portal veriies the correctness and genuineness of the invoice
Thereafter it authorises using the digital signature along with a QR code
e-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to
the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the
generation of e-way bills too
Penalty If a person commits any GST offenseSection 122 to 138 of the GST Act deines Offences and Penalties under
GST
They divide the offences into two categories
A Offences Attracting Fiscal Penalties
B Offences Attracting Prosecution
It is very dificult to wrap up the entire GST Act into one article but here is the brief of GST to understand it better and
work towards it For more details you can Study Central Goods and Services Act 2017 and also contact on the given mail
ID
ARTICLE
ICSI-NIRC Newsletter I July 2021 88
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS shashank kothiyal ACS
shashankkothiyal9gmailcom
GST A Boon forIndian Economy
Introduction
Whether it was uniformity of taxation and consequent free interior trade or possession of the jewel in the crown at the
root of prosperity of Britain is debatable nonetheless the words of father of modern economics on the beneits of
uniformity of system of taxation cannot be taken too lightly Before implementation of Goods and Service Tax (GST)
Indian taxation system was a farrago of central state and local area levies By subsuming more than a score of taxes
under GST road to a harmonized system of indirect tax has been paved making India an economic union
Genesis
Several countries have already established the Goods and Services Tax In Australia the system was introduced in 2000
to replace the Federal Wholesale Tax GST was implemented in New Zealand in 1986 A hidden Manufacturers Sales Tax
was replaced by GST in Canada in the year 1991 In Singapore GST was implemented in 1994 GST is a value-added tax in
Malaysia that came into effect in 2015
Introduction
ARTICLE
ICSI-NIRC Newsletter I July 2021 89
MonthYear JourneyofGST
2000 In India the idea of adopting GST was irst suggested by the Atal Bihari Vajpayee Government in 2000
The state inance ministers formed an Empowered Committee (EC) to create a structure for GST based
on their experience in designing State VAT Representatives from the Centre and states were requested
to examine various aspects of the GST proposal and create reports on the thresholds exemptions
taxation of inter-state supplies and taxation of services The committee was headed by Asim
Dasgupta the inance minister of West Bengal Dasgupta chaired the committee till 2011
2004 A task force that was headed by Vijay L Kelkar the advisor to the inance ministry indicated that the
existing tax structure had many issues that would be mitigated by the GST system
February2005
The inance minister P Chidambaram said that the medium-to-long term goal of the government was
to implement a uniform GST structure across the country covering the whole production-distribution
chain This was discussed in the budget session for the inancial year 2005-06
February2006
The inance minister set 1 April 2010 as the GST introduction date
November2006
Parthasarthy Shome the advisor to P Chidambaram mentioned that states will have to prepare and
make reforms for the upcoming GST regime
February2007
The 1 April 2010 deadline for GST implementation was retained in the union budget for 2007-08
February2008
At the union budget session for 2008-09 the inance minister conirmed that considerable progress
was being made in the preparation of the roadmap for GST The targeted timeline for the
implementation was conirmed to be 1 April 2010
July2009 Pranab Mukherjee the new inance minister of India announced the basic skeleton of the GST system
The 1 April 2010 deadline was being followed then as well
November2009
The EC that was headed by Asim Dasgupta put forth the First Discussion Paper (FDP) describing the
proposed GST regime The paper was expected to start a debate that would generate further inputs
from stakeholders
February2010
The government introduced the mission-mode project that laid the foundation for GST This project
with a budgetary outlay of Rs 1133 crore computerised commercial taxes in states Following this
the implementation of GST was pushed by one year
March2011 The government led by the Congress party puts forth the Constitution (115th Amendment) Bill for the
introduction of GST Following protest by the opposition party the Bill was sent to a standing
committee for a detailed examination
June2012 The standing committee starts discussion on the Bill Opposition parties raise concerns over the 279B
clause that offers additional powers to the Centre over the GST dispute authority
November2012
P Chidambaram and the inance ministers of states hold meetings and set the deadline for resolution
of issues as 31 December 2012
ARTICLE
ICSI-NIRC Newsletter I July 2021 90
February2013
The inance minister during the budget session announces that the government will provide Rs9000
crore as compensation to states He also appeals to the state inance ministers to work in association
with the government for the implementation of the indirect tax reform
August2013 The report created by the standing committee is submitted to the parliament The panel approves the
regulation with few amendments to the provisions for the tax structure and the mechanism of
resolution
October2013
The state of Gujarat opposes the Bill as it would have to bear a loss of Rs 14000 crore per annum
owing to the destination-based taxation rule
May2014 The Constitution Amendment Bill lapses This is the same year that Mr Narendra Modi was voted into
power at the Centre
December2014
Indias new inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in
the parliament The opposition demanded that the Bill be sent for discussion to the standing
committee
February2015
Mr Jaitley in his budget speech indicated that the government is looking to implement the GST system
by 1 April 2016
May2015 The Lok Sabha passes the Constitution Amendment Bill Jaitley also announced that petroleum would
be kept out of the ambit of GST for the time being
August2015 The Bill is not passed in the Rajya Sabha Jaitley mentions that the disruption had no speciic cause
March2016 Mr Jaitley says that he is in agreement with the Congresss demand for the GST rate not to be set above
18 But he is not inclined to ix the rate at 18 In the future if the Government in an unforeseen
emergency is required to raise the tax rate it would have to take the permission of the parliament So a
ixed rate of tax is ruled out
June2016 The Ministry of Finance releases the draft model law on GST to the public expecting suggestions and
views
August2016 The Congress-led opposition inally agrees to the Governments proposal on the four broad
amendments to the Bill The Bill was passed in the Rajya Sabha
September2016
The Honourable President of India gives his consent for the Constitution Amendment Bill to become
an Act
The GST Council also inalised on the GST rates and GST rules The Government declares that the GST Bill will be
applicable from1July2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 91
Pre-GSTIndirectTaxStructureinIndia
GSTLawfromaConstitutionalPerspective
A DeinitionofGST
ldquoGoods and services taxrdquo means any tax on supply of goods or services or both except taxes on the supply of the alcoholic
liquor for human consumption As per Article 366(12A)
GoodsandServicesTax(GST) is anindirecttax(orconsumptiontax) used in India on the supply of goods and
services It is a comprehensive multistage destination-based tax comprehensive because it has subsumed almost all
the indirect taxes except a few state taxes Multi-staged as it is the GST is imposed at every step in the production
process but is meant to be refunded to all parties in the various stages of production other than the inal consumer and
as a destination-based tax it is collected from point of consumption and not point of origin like previous taxes
B ConstitutionalAmendment
bull Bill passed by Rajya Sabha on 03082016 amp Lok Sabha on 08082016
bull Notiied as Constitution (101st Amendment ) Act 2016 on 08092016
bull Key Features
uuml Concurrent jurisdiction for levy amp collection of GST by the Centre amp the States ndash Article 246A
uuml Centre to levy amp collect IGST on supplies in the course of inter-State trade or commerce including imports ndash
Article 269A
uuml Compensation for loss of revenue to States for ive years on recommendation of GSTC ndash Clause 19
uuml GST on petroleum crude high speed diesel motor spirit (commonly known as petrol) natural gas amp aviation
turbine fuel to be levied from a later date on recommendations of GSTC
ARTICLE
ICSI-NIRC Newsletter I July 2021 92
BeneitsofGST-AdvantageandDisadvantage
Advantages Disadvantage
1 The most important beneit is the removal of cascading
effect ie removal of tax on tax
2 Starting from registration to iling returns and payment
of GST tax its an online procedure
3 Startups wont be running around tax ofices for various
registrations and procedures under excise service tax
and VAT
4 Higher threshold for registration
5 Composition scheme for small business The purpose is
to ease the burden of compliance which enables the
small businesses to focus more on business and less on
compliance
1 The GST structure has been marketed well to portray it
as a simple concept but in reality the understanding is
complicated and distortionary to fully exploit the
expected beneits
2 Multiple tax rates and many complexities will result into
tax disputes and lead to more corruption
3 High confusion regarding the product classiication and
multiple rates is a major concern
4 The food industry has criticized the levying of higher
rates on value-added manufactured goods and has
asked for a simpler regime
5 Items like (i) Alcohol (ii) Real Estate and (iii) Electricity
have been kept out of this regime defeating the purpose
of one tax
ComponentsofGST
GST would be levied on a common base by both the central and the state government simultaneously The dual GST can
be categorized into the following
middot CentralGST(CGST)- GST to be levied by the central government
middot StateGST(SGST)UnionTerritoryGST(UTGST)- GST to be levied by statesUnion Territories with legislature
IntegratedGST(IGST)- GST levied by central government on inter-state supply of goods and services to ensure that the
credit chain is not disrupted Apart from the applicable custom duties import of goods and services would be treated as
inter-state supplies and would therefore be subject to IGST
ARTICLE
ICSI-NIRC Newsletter I July 2021 93
GSTRates
At the time of GST implementation former Finance Minister the late Mr Arun Jaitley said that the government wanted to
keep the GST rates close to the original rates But there were differences in case of some items because of the changes in
the economy as well as customer preferences Some commodities were kept in the high tax bracket (18-28) but on
scrutinizing the list they found that these commodities should be considered as necessities and not luxuries This is why
the GST rates were revised for commodities such as notebooks exercise books
FewGSTRatesare
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central ExciseService tax
Revenue will be shared equally between the Centre and the State
Sale to another State IGST Central Sales Tax + ExciseService Tax
There will only be one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
TaxRate Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
CompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
uuml E-WayBills GST introduced a centralised system of waybills by the introduction of ldquoE-way billsrdquo This system was
launched on 1st April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of
goods in a staggered manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods
transported from the place of its origin to its destination on a common portal with ease Tax authorities are also
beneited as this system has reduced time at check -posts and helps reduce tax evasion
uuml E-invoicing The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual
aggregate turnover of more than Rs 500 crore in any preceding inancial years (from 2017-18) Further from 1st
January 2021 this system was extended to those with an annual aggregate turnover of more than Rs100 crore
These businesses must obtain a unique invoice reference number for every business-to-business invoice by
uploading on the GSTNs invoice registration portal The portal veriies the correctness and genuineness of the
invoice Thereafter it authorises using the digital signature along with a QR code
E-Invoicing allows interoperability of invoices and helps reduce data entry errors It is designed to pass the invoice
information directly from the IRP to the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way bills too
ARTICLE
ICSI-NIRC Newsletter I July 2021 94
GoodsampServicesTax(GST)Council
GST Council is a constitutional body for making recommendations to the Union and State Government on issues related
to Goods and Service Tax The GST Council is chaired by the Union Finance Minister and other members are the Union
State Minister of Revenue or Finance and Ministers in-charge of Finance or Taxation of all the States
The Union Cabinet in its meeting held on 12th September 2016 approved setting-up of GST Council and setting up its
Secretariat As per Article 279A of the amended Constitution the GST Council which will be a joint forum of the Centre
and the States shall consist of the following members -
i Chairperson ndash Union Finance Minister
ii Vice Chairperson - to be chosen amongst the Ministers of State Government
iii Members - MOS (Finance) and all Ministers of Finance Taxation of each State
uuml Quorum is 50 of total members
uuml Decision by 75 majority
uuml States - 23 weightage and Centre - 13 weightage
uuml Council to make recommendations on everything related to GST including laws rules and rates etc
Introduction
stWe are living in 21 Century ie in the age of social media With the handy use of social media the question comes
whether these instant messages ie Whatsapp Messages are of any legal relevance and admissible in Courts
Lately now courts have begun to admit instant messages and pictures sent on these platforms as evidence in both
Criminal as well as Civil matters
ArewhatsappChatsadmissibleasEvidence
In this present digital world electronic devices are used frequently especially for business transactions One of the most
common tool for communication is Whatsapp With digitization the Indian judiciary has also become more advanced
and techno-friendly The Parliament had enacted the Information and Technology Act 2000 to redeine the deinition of
electronic record undersection2(1)(t)of Information and Technology Act 2000With the help of mobile phones
people are daily expressing themselves which results in extensive collection of records that may become evidence in
legal matters
CurrentScenarioofIndianlegalSystem
Section 65(B) of Indian Evidence Act was introduced in Information Technology Act 2000 in order to consider
electronic communication viz Email Computer generated documents Whatsapp messages etc as valid evidence in the
Courts of law A 3-judge bench of the Honble Supreme Court of India has recently clariied and elaborated the law on
thadmissibility of digital evidence in judicial proceedings vide its judgment dated 14 July 2020 in the matter of Arjun
PanditraoKhotkarvKailashKushanraoGorantyalampOrs
It was held that certiicate under Section 65B (4) of the Evidence Act (ldquoActrdquo) is essential for admissibility of electronic
records stating that the same is to the best of his knowledge and belief These measures are taken by the court to ensure
the source and authenticity of the electronic record Electronic evidence can be easily tampered altered with hence
these safeguards prove to be very signiicant to ensure justice especially in the cases where the conclusion of the trial is
based on the electronic records
1 The Punjab and Haryana High Court has ruled that WhatsApp messages may be relied upon by investigating
agencies during a crime investigation but a certiicate Section 65B of the Indian Evidence Act is essential for the
same (RakeshKumarSinglavUnionofIndia)
ARTICLE
ICSI-NIRC Newsletter I July 2021 95
Whether Whatsapp Chats areAdmissible In Courts
CS Akshit Gupta FCS
csakguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
2 AnvarPVVersusPKBasheer2014In this case the Court has interpreted Section 22A 45A 59 65A and 65B
of the Evidence Act and held that secondary information in CDDVDPen Drive is not acceptable without a
certiicate us 65 B (4) of Evidence Act
RelevanceoftheBlueTickintheAdmissibilityofWhatsappChat
The Bombay High Court while hearing an application iled by the SBICardsandPaymentsServicesPvtLtd(the
claimant)againstaresidentRohitJadhav observed that the defaulter who was evading the bank had not only
received the notice in a PDF ile but also opened it and read its contents This means he knows about the notice of bank
and he cannot invalidate such notice on the grounds of sending the same through the digital mode
JusticeGautamPatelheld in the above mentioned case that ldquoFor the purpose of service of the notice I will accept this I
do so because the blue icon indicators clearly show that not only were the message and its attachment delivered to the
respondents number but that both were openedrdquo
Conclusion
Laws relating to admissibility of electronic evidence are still facing some issues There are various questions which are
arising relating to authorship of certiicate Since admissibility of electronic evidence in the court are still facing few
issues even after the twenty years of Information Technology Act came into force we expect some major developments
and amendments in regards of these loophole
ARTICLE
ICSI-NIRC Newsletter I July 2021 96
dkekch dh jkg bruh vklku Hkh ugha
lius lHkh ckdh gS tks ns[ks Fks dHkhA
tu iy Hkj dk esjh fQrjr esa ugha
lQyrk dh cqfukn eSa fy[k jgk gwiexcl vHkhAA
rkmez bd [okc thfor jguk pkfg
esjs kgj ls d ubZ kqvkr gksuh pkfgA
eafty feys k uk feys s vyx ckr gS
lPph dksfkk dks mldk buke feyuk pkfgAA
ARTICLE
ICSI-NIRC Newsletter I July 2021 97
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
हम कपनी सिचव ह िसफ हार नही ह
िहम िशला पर िलखा वो लख नही जो पल म िपघल जाय
िशला पर िलखा वो लख ह जो अिमट अर ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
अजन की गाडीव सा कलम ह हमारा
क की सदसन सा तज ह ान
कानन की धाराओ और अनछदो स नही ह हम अनजान
ा ण भगर लोभनो क वजह स हम िनरर ह
कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
हम वा ही नही ितवा भी हम ही ह
हम वो ह जो िनर सदा ही ह
हम तो ान क गगन म गगनचर पख ह
कानन क जगत म हम एक अिधकत हार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
dEiuh lfpoCS Prahalad Kumar ACS
email2prahaladgmailcom
ला हो उस ालन को जो सघष की ितमित थी
आज अपन हजनो को ा चहरा िदखाएग
ाग आाकारता का कशल नततव सीखन वाल
ा आज भड़ चलो म फसन की वजह स हम सार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
कपनी पजीकरण स िवलय तक का समथ ाता ह हम
आिथक मदी स उबारन क िलए जान जात ह हम
िविध का पण ह कवल अर नही ह हम
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 98
InitiativesofChapters
Noida
bull On the occasion of PCS Day 2021 Tuesday 15th June 2021 Noida Chapter organised a webinar on the topic
Talk on Future Ready PCS- Insights into Future Challengesrdquo from 0500 pm to 0630 pm During the webinar
Noida Chapter of NIRC felicitated 2 Practicing Company Secretaries having more than 25 years of practice
experience amp 2 PCS irms with three or more partners Appreciation certiicates were given to them and they
shared their experience and journey briely
bull Webinar held on Friday 18th June 2021 from 0500 pm to 0630 pm on the topic Producer Company
Governanceamp Compliance
bull Webinar held on Saturday 19th June 2021 from 1100 am to 1230 pm on the topic Practical tips for settlement
of legal disputes
bull Webinar on the Topic ldquoRole of Company Secretaries During Covid and Post Covid Periodrdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part -1)rdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part - II)rdquo
bull Noida Chapter of NIRC of the ICSI organized four days Online NCLT Workshop on 3rd 4th 10th amp 11th June
2021 from 0500 pm to 0700 pm
bull In view of International Yoga Day Noida Chapter of NIRC organized 4 Yoga Sessions on four consecutive
Saturdays from 29thMay 2021 till 19thJune 2021
Bareilly
bull On 5th June 2021 Bareilly Chapter organized a webinar on the theme A brief overview of Recent Amendments amp
Relaxations under Companies Act 2013
bull On 19th June 2021 during the PCS Week one more webinar was organized by Bareilly Chapter on the theme
Opportunities under Insolvency and Bankruptcy Code
bull On 29th June 2021 5th One Day Orientation Program during 2021 for CS Executive students was organized by
the Chapter through virtual mode
Meerut
bull Online Study Circle for students on the topic of Recent amendments in CSR on 12062021
bull PCS Day - webinar on the topic Opportunities under Insolvency amp Bankruptcy Code on 18062021
Modinagar
bull Modinagar Chapter celebrated GST Day 2021 on 05th July 2021
ICSI-NIRC Newsletter I July 2021 99
Faridabad
bull MoU signing ceremony with Pt J L N Govt College FBD - 23042021 in Presence of Chairman NIRC (Virtual)
bull MoU Signing Ceremony with Aggarwal College FBD --10062021 in Presence of Chairman NIRC (virtual)
bull MoU Signing ceremony with IMT College FBD - 23062021 in presence of Chairman NIRC (Virtual)
bull MoU Signed with hospitals -
1) SSB Multi Heart Specialty Hospital on 17042021
2) QRG Hospital w e f 23032021
bull Study Session on Recent Amendments in Companies Act 2013 on Saturday 10th April 2021 at Chapter premises
bull 2nd EDP Batch(15 days) - Classroom Mode wef 03042021 to 20042021
bull PCS Day Celebration on Tuesday 15th June 2021 by Faridabad Chapter
bull WEBINAR on FDI under FEMA on Saturday 19062021
Kota
bull Kota Chapter is celebrating Student month by organizing various activities for students in July 2021
Jaipur
bull PCS Day celebrations week ( Five Webinar )
bull International yoga Day Celebration
bull Workshop at yoga 01062021 to 30062021
bull Vaccination Drive with Fortis Hospital
bull Joint Webinar by Chapter of Rajasthan
bull Online CAP
Gorakhpur
bull Gorakhpur Chapter conducted webinar on Deposit amp Loan to Director on 24th May 2021 The Chief Guest of the
webinar was CS Nagendra D Rao President ICSI and the Guest of Honour was CS HimanshuHarbola Treasurer
NIRC of ICSI
bull Gorakhpur Chapter also conducted webinar on ICSI Auditing Standards on 7th June 2021 The Chief Guest of the
webinar was CS Devendra D Deshpande Vice President ICSI and the Guest of Honour was CS Vimal Gupta
Chairman NIRC of ICSI
bull On 11th June 2021 Gorakhpur Chapter conducted webinar on Dematerialisation E-Voting and Other Issuer
Services of NSDL The Chief Guest of the webinar was CS MamtaBinani Past President ICSI and the Guest of
Honour was CS SusshilDaga Vice Chairman NIRC of ICSI
bull On the occasion of PCS Day 2021 A Panel Discussion was organised by Gorakhpur Chapter on the topic
Opportunities for Company Secretaries in Developing Cities on 15th June 2021 The Special Guest of the
programme was CS Manish Gupta Council Member ICSI The Panel discussed about the various opportunities for
CS in small and developing cities in India
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 100
bull On 27th June 2021 Gorakhpur Chapter organized Blood Donation Camp in collaboration with ICAI Gorakhpur
and JCI Gorakhpur More than 70 persons donated their blood in the camp
bull The Chapter also celebrated Van Mahotsav on 01st July 2021 and GST Day on 05th July 2021 On The occasion of
GST Day celebration
Bhilwara
bull Bhilwara Chapter of NIRC of ICSI organised a webinar on the topic Health Care in COVID-19 on 1st June 2021 The
chief guest of the webinar was CS Vimal Gupta Chairman NIRC
bull On the occasion of PCS Day Celebration Bhilwara Chapter organised a webinar on 12th June 2021 on the topic
Recent Amendments in Companies Act amp MCA Version 30 On that occasion Bhilwara Chapter felicitate the PCS
Members who are practicing 15 years and more
bull Bhilwara Chapter also organised a Yoga session for Members and Students on 19th June 2021
Karnal
bull Following Webinars were organised by Karnal Chapter for Members
1 3rd May 2021 on the topic Unpacking the Nuances of Oppression and Mismanagement
2 29th May 2021 on the topic Interpersonal and Professional Skills for Company Secretaries
3 09th June 2021 on the topic Recent Amendments in Companies Act 2013rdquo
4 16th June 2021 on the topic Interpretation of Statutes for Company Secretaries
bull PCS Day was celebrated with a Webinar on 15th June 2021 on the Theme Opportunities for Company Secretaries
bull In addition to this a Non academic session for Members was organised on 28th June 2021
bull For Students 1 Five days EDP (ADP) and 6 PDPs were conducted online
Udaipur
bull Udaipur Chapter conducted Free Vaccination Drive for Members Students and their Family Members on
24062021
bull Udaipur Chapter organised three Webinar for members on 07062021 15062021 and 26062021
bull Udaipur Chapter organised Yoga Session through virtual mode for members and students on 27th June 2021
bull Udaipur chapter organised Career Awareness Programme for Students
Ghaziabad
bull Ghaziabad Chapter organized 05 days webinar series from 11th June 2021 to 16th June 2021 and invited Senior
faculties during the series CS Vineet Chaudhary Central Council Member The ICSI was Chief Guest on June 15 2021
bull Ghaziabad Chapter organized MOU Signing Ceremony for Academic Collaboration between the ICSI and Maharishi
University of Information Technology on Tuesday June 29 2021 at Maharishi Law School Maharishi University of
Information Technology Maharishi Nagar Sec 110 Noida Uttar Pradesh 201304 CS Nagendra D Rao Honble
President The ICSI graced the occasion with his benign presence
bull Ghaziabad Chapter of NIRC of ICSI conducted a webinar on the topic ldquoStay Positiverdquo with view of giving enthusiasm
and undeniable energy to all the members to express themselves their fears their positive thoughts everything amp
The need of the hour is Expression as well as Motivation on Saturday June 26 2021
bull Ghaziabad Chapter of NIRC of ICSI celebrated International Yoga Day
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 101
CSBF
COMPANYSECRETARIESBENEVOLENTFUND
MEMBERSENROLLEDREGIONWISEASLIFEMEMBERSOFTHECOMPANYSECRETARIESBENEVOLENTFUND
DURINGTHEPERIOD01032021TO30062021
REGION LMNO NAME MEMBNUMBER
NIRC
1 14821 MR GAURAV KUMAR MODI ACS - 64694
2 14830 MR ANKIT ANIL PARDESHI ACS - 62406
3 14831 MR SHAH NAWAZ ACS - 41049
4 14832 MS RICHA KHANDELWAL ACS - 47398
5 14838 MR AMRENDER KUMAR YADAV ACS - 41946
6 14839 MS RENU KATHURIA ACS - 34023
7 14844 MR SUMIT KUMAR SINGH ACS - 50243
8 14857 MR PARITOSH CHAUHAN ACS - 42603
9 14862 MS RIYA KHURANA ACS - 58282
10 14868 MS VRUSHALI RAJESHKUMAR DARJI ACS - 54675
11 14869 MR AMIT KUMAR MANGLA ACS - 32638
12 14870 MS KHUSHBOO BHATT ACS - 43508
13 14872 MR VIKASH GUPTA FCS - 9198
14 14876 MR ATUL KUMAR SINGH ACS - 38572
15 14880 MR ANSHUL JAIN ACS - 43863
16 14882 MR AMAN RATRA ACS - 55296
17 14888 MS CHAKSHOO MEHTA ACS - 42309
18 14892 MS DIVYA GAUR ACS - 47360
19 14897 MR ANKIT GOEL ACS - 52633
20 14902 MR SANDEEP KUMAR FCS - 9075
21 14907 MR SAURABH JAIN ACS - 45759
22 14908 MR MANISH KUMAR VERMA FCS - 10023
23 14909 MR HIMANSHU YADAV ACS - 44654
24 14912 MR ANKUR DUDANI ACS - 63498
25 14917 MR PANKAJ SHARMA ACS - 61152
26 14918 MS NAVITA GUPTA ACS - 51316
27 14919 MS ARSHDEEP KAUR JUDGE ACS - 33911
28 14923 MR KARM SAWHNEY ACS - 64986
ICSI-NIRC Newsletter I July 2021 102
CSBF
29 14926 MR LALIT KUMAR ACS - 49701
30 14930 MR DEVESH UPPAL ACS - 53648
31 14937 MS JASLEEN KAUR ACS - 55304
32 14941 MR DHRUV SHARMA FCS - 10760
33 14942 MR MOHD ZAFAR FCS - 9184
34 14944 MR CHANDRAKANT GUPTA ACS - 50829
35 14945 MR AKSHAY SACHAN ACS - 55246
36 14947 MR ARPIT KALANI ACS - 63919
37 14951 MR VIPUL JAIN ACS - 59021
38 14961 MR DHEERAJ ACS - 27493
39 14967 MR MAYANK ACS - 57784
40 14968 MR ASHU DHALL ACS - 50635
41 14971 MR PRINCE KUMAR FCS - 11000
42 14972 MR SUMIT GOYAL ACS - 54398
43 14974 MS DIVYA KHANNA ACS - 53941
44 14976 MS MONIKA GUPTA ACS - 59297
45 14979 MR MOHAMMAD KHALID ACS - 34335
46 14980 MR MUSTKEEM ACS - 56334
47 14982 MR SURESH KUMAR GUPTA FCS - 11059
48 14987 MS SONI PANDIYA ACS - 60696
49 14989 MR PRADEEP KUMAR ACS - 63052
50 14993 MR ANUPAM SRIVASTAVA ACS - 54503
51 15000 MR ROHIT SHRIVASTAVA ACS - 56732
52 15007 MR BHANU BHARGAVA ACS - 30370
53 15010 MS POOJA SINGH ACS - 39178
54 15012 MR NITESH KUMAR JHA ACS - 64377
55 15013 MR ASHWANI KUMAR ACS - 53574
56 15018 MR DEEPENDRA KUMAR MISHRA ACS - 63335
57 15024 SH PIYUSH AGARWAL ACS - 25165
58 15028 MR WASEEM ANWAR ACS ndash 39572
59 15029 SH VIKAS SETHI ACS - 17411
60 15037 MR SHOBHIT KUMAR KUSHWAHA ACS - 46660
61 15039 MR RAVI SHARMA ACS - 54818
62 15044 MR ANURAG PANDEY ACS - 50091
ICSI-NIRC Newsletter I July 2021 103
CSBF
63 15051 MS SHIVANGI SHARMA ACS - 59088
64 15053 MS DEEPTI JOSHI ACS - 51950
65 15058 MR JAGBIR SINGH FCS - 10983
66 15061 MR LOKESH SHARMA ACS - 50553
67 15062 MR KAMRAN SIDDIQUI ACS - 46943
68 15065 MS NEHA SRIVASTAVA ACS - 43927
69 15066 MS RUPALI SHARMA ACS - 37249
70 15070 MR SACHIN GUPTA ACS - 60203
71 15077 SH ASHISH MALKOTIA ACS - 17526
72 15078 MS NIDHI BHARDWAJ ACS - 56098
73 15080 SH ABHINAV RASTOGI ACS - 17692
74 15084 MR ASHISH MISRA ACS - 29368
75 15091 SH RATNESH PRASAD RUKHARIYAR FCS - 5833
76 15094 MR RAHUL CHOUDHARY ACS - 52647
77 15096 MR SHRAWAN KUMAR SHUKLA ACS - 53492
78 15099 MR SHIVAM GOEL ACS - 57386
79 15103 MR YOGESH MAHESHWARI ACS - 39675
80 15106 MS ANUJA JAIN ACS - 57084
81 15107 SH BANOJ KUMAR PRADHAN ACS - 15324
82 15116 MS REETIKA JHOTA ACS - 22130
83 15124 MS SANJANA CHHABRA ACS - 49167
84 15125 MR VAIBHAV SHUKLA FCS - 10556
85 15127 MS POOJA AGGARWAL ACS - 27524
86 15130 MR BHUPENDRA KAUSHIK FCS - 9884
87 15132 MS GAUTAMI GUPTA ACS - 57547
88 15138 MS SHINJINI MUKHERJEE ACS - 65425
89 15140 MS DEEPIKA SIDANA ACS - 55544
90 15141 MR ANMOL KAPOOR ACS - 57017
91 15142 MR KARAN SINGH ACS - 46641
92 15143 SH VIJAY KUMAR KAKKAR ACS - 25145
93 15144 MR NARENDER KUMAR ACS - 40175
94 15150 MS MANSI AWANA ACS - 36655
95 15154 MR AMIT KUMAR ACS - 61851
96 15155 MR AYUSH KUMAR JAIN ACS - 56424
97 15156 MS REKHA RANI NARANIWAL ACS - 38803
ICSI-NIRC Newsletter I July 2021 104
CSBF
98 15158 MS ANJALI GUPTA ACS - 20688
99 15164 MS NIDHI DANG FCS - 10548
100 15168 MR GYANESH KUMAR MISHRA ACS - 46816
101 15170 MS JASWANT KAUR ACS - 18106
102 15173 MS MEHAK GUPTA FCS - 10703
103 15175 MS SHILPI FCS - 11047
104 15177 MS SHEETAL NAHARIA FCS - 11193
105 15178 SH SURENDRA KUMAR SHARMA FCS - 5737
106 15180 MR ASHISH BANSAL ACS - 40217
107 15195 SH NARENDER KUMAR SHARMA FCS - 3189
108 15198 MS POOJA KUMARI ACS - 41504
109 15201 MS UPASNA THAKRAL ACS - 35559
110 15202 MS RENU ACS - 50393
111 15206 MR SWAPNIL AWASTHI ACS - 65802
112 15209 MS ANSHULA CHOUDHARY FCS - 10639
113 15220 MR ISHAN KHANNA ACS - 53517
114 15232 MS VIDHI KANSAL ACS - 24018
115 15233 MR NEERAJ KUMAR KHATRI ACS - 36858
116 15234 MR NIRBHAY ROCHWANI ACS - 44914
117 15235 MR SUMIT RAWAT ACS - 58125
118 15237 MS ARCHITA GUPTA ACS - 39294
119 15238 MS ANKITA GUPTA ACS - 27518
120 15239 SH SATISH KUMAR NIRANKAR FCS - 9605
121 15241 SH VIKASH JOSHI ACS - 19524
122 15245 MR VIKAS YADAV ACS - 43530
123 15250 MRS SHALU VARSHNEY ACS - 17344
124 15253 MS DEEPTI ARORA ACS - 31707
125 15254 MR MOHIT VARSHNEY ACS - 60762
126 15255 MS SHIKHA GOYAL ACS - 60381
127 15257 MS ANNU GUPTA ACS - 47525
128 15258 MR NITESH KUMAR YADAV ACS - 61297
129 15259 MR AAKARSHIT JAI ACS - 63632
130 15260 MS MEHAK MONGA ACS - 43728
131 15261 MR GAUTAM KHURANA ACS - 64072
132 15262 MR ISHAAN SHARMA ACS - 65147
133 15263 MS PALLAVI KAPOOR ACS - 64753
134 15264 MS MANISHA GUPTA ACS - 62708
135 15266 SH LALAN KUMAR SINGH FCS - 7837
136 15269 MR AKASH KANDOI ACS - 48651
137 15272 MR NISHANT PRITAM RAJ ACS - 64110
138 15273 MR INDRA JEET YADAV FCS - 10330
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-
FROM THECHAIRMAN
ICSI-NIRC Newsletter I July 2021 04
FROM THE CHAIRMAN
DearProfessionalColleagues
Greetings from ICSI-NIRC
I hope that all of you are safe and doing well in both personal and professional life NIRC is doing its bit in developing the
skill sets of both members and students by way of organizing various Master Classes Webinars training programs etc
NIRC is overwhelmed by the response of participants in its endeavors I request you keep supporting the events of NIRC
at Regional and Chapter level
The 40th Annual General Meeting of the members of the Institute of Company Secretaries of India (ICSI) in the Northern
Region forming part of Northern India Regional Council (NIRC) is scheduled to be held on Wednesday the 28th July
2021 at 1000 AM through online video conferencing
NIRC has announced another Virtual MSOP I am sure that participants are taking full advantage of learning while sitting
at the comfort of Home At the same time I wish that we may switch over to Physical mode as soon as possible NIRC will
be hosting 21st All India Essay Writing Competition We will share the details in due course
Friends it has been continuous endeavor of the NIRC to support all its stakeholders I take this opportunity to briely
highlight some of the major activities developments that have taken place during the month of Juneamp July 2021
thWebinaronOpportunitiesunderArbitrationon17 June2021thNIRC organized a Webinar on theme Opportunities under Arbitration on 17 June 2021 CS NPS Chawla Central
Council Member ICSI amp Associate Partner Vaish Associates was the Guest speaker during the webinar CS GS Sarin Past
Chairman NIRC-ICSI was the Program Director The webinar was attended by around 600 members The webinar was
part of PCS Day week long celebrations I wish to place on record my sincere thanks and gratitude to the Guest Speaker
for sparing his time amp sharing his words of wisdom with the participants
WebinaronOpportunitiesasRegisteredValueron18June2021
NIRC organized a Webinar on the theme Opportunities as Registered Valuer on 18th June 2021 CS (Dr) Ajay Garg
Corporate Valuer Counsel and Lawyer was the Guest speaker during the webinar CS GS Sarin Past Chairman NIRC-ICSI
was the Program Director The webinar was attended by around 600 members The webinar was part of PCS Day week
long celebrations I am thankful to CS (Dr) Ajay Garg ji for sparing his time amp sharing his rich experience with the
delegates present
ICSI-NIRC Newsletter I July 2021 05
FROM THE CHAIRMAN
WebinaronDiscussiononPrinciplesofGovernancefromIndianScriptureson19
June2021
NIRC organized a Webinar on the theme Discussion on Principles of Governance from Indian Scriptures on 19th June
2021 CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of
Accountants) was the Guest speaker CS Amit Gupta Regional Council Member NIRC-ICSI was the Program DirectorI am
thankful to CS (Dr) P V S Jagan Mohan Rao ji for sharing his knowledge and keeping the session interactive
FelicitationCeremonyOrganizedByNIRC-ICSIasPartofPCSDayCelebrationson19
June2021
With a view to commemorate PCS Day on 15th June NIRC of ICSI as part of PCS Day celebrations organized a Felicitation
Ceremony through online mode on 19th June 2021 to felicitate the following -
1 Company Secretaries who are in Practice for more than 25 years
2 Firms of Company Secretaries in Practice having minimum of 3 Partners as on date
3 Firms of Company Secretaries in Practice having minimum of 3 qualiied Company Secretaries on rolls (with CS
in) as on date
CelebrationsofInternationalDayofYoga2021
ICSI ICAI amp CMA jointly commemorated International Day of Yoga by organizing a Webinar on How to Rejuvenate from stCOVID Impact through Yoga on 21 June 2021 Swami Ramdevji International Yog Guru was the Chief Guest CA (Dr)
Girish Ahuja Tax Guru CS Nagendra D Rao President ICSI CA Nihar N Jambusaria President ICAI and CMA Biswarup
Basu President CMA were the Guest of Honour The Webinar was attended by around 45000 participants I am thankful
to all the dignitaries for sparing their time and encouraging the participants to do Yoga
4DaysonlineMasterClassonGST-NewOpportunities(21edition)
NIRC organized 4 Days Online Master Class on theme GST Opportunities from Tuesday 28th June 2021 to Saturday
03rd July 2021 The Master Class was to commemorate GST Day CS (Adv) Sumit Wadhwa Abbot Law Ofice was the
Guest Speaker on 28th June 2021 He spoke on the topic GST Fundamentals ndash Practical Overview CA Akshay Kumar
Jain Akshay Kumar Jain amp Co LLP was the Guest Speaker on topic Input Tax Credit and Returns on 30th June 2021 CS
Jagmohan Bansal Sr Advocate was the Guest Speaker on 2nd July 2021 He spoke on the topic Role of Professional And
Litigations in GST Arena and CS Sanjay Malhotra Practicing Company Secretary was the Guest Speaker on 3rd July
2021 His coverage included Time and Place of Supply - Relevance And Signiicance CS GS Sarin Chairman PCS
Committee and Past Chairman NIRC-ICSI was the Program Director The Master Class was attended by good number of
Participants I am thankful to all the speakers for sparing their valuable time and sharing their rich experience with the
members
nd4DaysonlineMasterClassonFEMA(22 edition)
NIRC organized 4 Days Online Master Class on theme FEMA from Monday 05th July 2021 to Thursday 08th July 2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells was Guest
Speaker He covered the topics which includes Foreign Direct Investments amp Overseas Direct Investments External
Commercial Borrowings (ECB) amp Imports Export amp Liberalised Remittance Scheme (LRS) Compounding under FEMA
amp Late Submission Fees etc The Master Class was attended by good number of Participants I am thankful to CS Atul
Mittal ji for sparing his valuable time on all four days of Master Class and sharing his words of wisdom with the
participants
ICSI-NIRC Newsletter I July 2021 06
FROM THE CHAIRMAN
WebinaronSEBI-LODRon9July2021
NIRC organized a Webinar on the theme SEBI-LODR on 9th July 2021 Ms Purna Devi Director Global Compliance amp
Reporting Entity Compliance and Governance EY was the Guest speaker CS Himanshu Harbola Treasurer NIRC-ICSI
was the Program Director I am thankful to the speaker for sparing her time and sharing of knowledge with the
participants
ICSIMegaPlacementDrive-I
ICSI Mega Placement Drive I of Northern Region is scheduled through Virtual mode for young members This provides
beneit to both recruiters and candidates as its convenient to interact without getting into the hassle of commuting and
still getting the insight of the Organizations and Candidates
StudentMonth
ICSI-NIRC celebrated the month of July 2021 as the Student Month starting with planting of sapling on 1st July 2021 ie
Van Mohatsav and subsequently various online activities were organized for students including Life Skills Sessions Soft
Skills Sessions PPT making Competition Samadhan Divas etc A good number of students participated in all the
activities
ManagementSkillsOrientationProgram(MSOP)
Valedictoryof321batchofMSOP
The Valedictory function of 321st Batch of MSOP held on 17th June 2021 CS Vijay Kumar Kaul Practicing Company
Secretary was the Chief Guest of the occasion We distributed the MSOP Completion certiicates and awards to the
participants
Inaugurationof322ⁿBatchofMSOP
We inaugurated 322nd Batch of MSOP through online mode on 29th June 2021
OnlineCareerAwarenessPrograms
NIRC organized various Online Career Awareness Programs for Students and Teachers of various Schools amp Colleges We
apprised the students and their parents about the Role of Company Secretary Company Secretary in Employment
Company Secretary in Practice and Eligibility Validity and Cut-off Dates for Registration in CS
I look forward to your valuable suggestions and feedback Feel free to interact with me at chairmannircicsiedu
Stay Safe Stay Healthy take care
With best regards
CSVimalGuptaChairmanNIRC-ICSI
Mob99833242829314324282
GLIMPSES
ICSI-NIRC Newsletter I July 2021 08
GLIMPSES
CelebrationsofInternationalDayofYoga2021
Swami Ramdev ji International Yog Guru CS Nagendra D Rao President ICSI CS Manish Gupta Central Council
Member ICSI CS Vimal Gupta Chairman NIRC-ICSI and CA (Dr) Girish Ahuja Tax Guru addressing the Participants
Screen View of session
ICSI-NIRC Newsletter I July 2021 09
GLIMPSES
WebinaronthethemeOpportunitiesunderArbitrationon17June2021
CS NPS Chawla Central Council Member ICSI amp Associate Partner Vaish Associates addressing the Participants Also
seen CS Vimal Gupta CS Devender Suhag Secretary NIRC-ICSI CS GS Sarin Past Chairman NIRC-ICSI and CS Sonia
Baijal Regional Director NIRC-ICSI
WebinaronthethemeOpportunitiesasRegisteredValueron18June2021
CS (Dr) Ajay Garg Corporate Valuer Counsel and Lawyer addressing the Participants Also seen CS Vimal Gupta and CS
GS Sarin
FelicitationCeremonyorganizedbyNIRC-ICSIaspartofPCSDaycelebrationson19June2021
CS Vimal Gupta CS Manish Gupta CS NPS Chawla CS Nesar Ahmad Past President ICSI CS Suresh Pandey Immediate
Past Chairman NIRC-ICSI CS GS Sarin CS Saurabh Kalia Regional Council Member NIRC-ICSI CS Monika Kohli Regional
Council Member NIRC-ICSI and CS Bhupesh Gupta Regional Council Member NIRC-ICSI addressing the Participants
ICSI-NIRC Newsletter I July 2021 10
GLIMPSES
FelicitationofmembersonPCSDay
WebinaronthethemeDiscussiononPrinciplesofGovernancefromIndianScriptureson19June2021
CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of Accountants)
addressing the Participants Also seen CS GS Sarin CS Suresh Pandey CS Amit Gupta Regional Council Member NIRC-
ICSI CS Saurabh Kalia and CS Sonia Baijal
WebinaronThemeSEBI-LODRon9July2021
Ms Purna Devi Director Global Compliance amp Reporting Entity Compliance and Governance EY addressing the
Participants Also seen CS Vimal Gupta CS Himanshu Harbola Treasurer NIRC-ICSI and CS Sonia Baijal
FelicitationofmembersonGSTDay
ICSI-NIRC Newsletter I July 2021 11
GLIMPSES
4DaysOnlineMasterClassonGSTOpportunities(21Edition)from28June2021to03July2021
Day129062021
CS (Adv) Sumit Wadhwa Abbot Law Ofice addressing the Participants Also seen CS Vimal Gupta and CS GS Sarin
Day230062021
CA Akshay Kumar Jain Akshay Kumar Jain amp Co LLP addressing the Participants Also seen CS GS Sarin
Day302072021
CS Jagmohan Bansal Sr Advocate addressing the Participants Also seen CS GS Sarin
Day403072021
CS Sanjay Malhotra Practicing Company Secretary addressing the Participants Also seen CS GS Sarin and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 12
GLIMPSES
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiUniversityofInformationTechnology
CS Nagendra D Rao President ICSI CS Sonal Jain Chairperson Ghaziabad Chapter of NIRC-ICSI CS Sakshi Mittal
Management Committee Member Ghaziabad Chapter of NIRC-ICSI and CS Arjunn Kr Tyagi Immediate Past Chairman
Ghaziabad Chapter of NIRC-ICSI addressing the Participants Also seen Dr Annu Behl Mehra Prof MUIT Dr Akhand
Pratap Singh Registrar MUIT Prof (Dr) KB Asthana Dean Maharishi Law School MUIT CS Awanish Srivastava Mr A
K Srivastava Joint Secretary ICSI CS Nitin Goel Mr Vinay Kumar Chapter Incharge Ghaziabad Chapter of NIRC-ICSI
along with other dignitaries
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiAggarwalCollegeBallabgarhFaridabadInstituteofManagementampTechnology
FaridabadampPtJLNGovtCollegeFaridabad
CS Vimal Gupta CS Arun Goel Chairman Faridabad Chapter of NIRC-ICSI CS Anmol Nakra Vice- Chairman Faridabad
Chapter of NIRC-ICSI Dr Krishan Kant Principal Aggarwal College Dr Rekha Sain Dr Manoj Shukla Aggarwal College
Prof (Dr) Ravi K Handa Director IMT College Dr Parul Khanna Vice- Principal IMT College Dr M K Gupta Principal
Pt JLN Govt College Ms Preeti Kapoor Asso Prof Pt JLN Govt College Ms Suman Iyer EO Faridabad Chapter of NIRC-
ICSI along with other dignitaries
ICSI-NIRC Newsletter I July 2021 13
GLIMPSES
stValedictoryFunctionndash321 MSOP
CS Vijay Kumar Kaul Practicing Company Secretary CS Vimal Gupta CS SusshilDaga Vice-Chairman NIRC-ICSI CS
Devender Suhag CS Himanshu Harbola CS Suresh Pandey CS GS Sarin and CS Surya Kant Gupta Regional Council
Member NIRC-ICSI addressing the Participants
ndInauguralFunctionndash322 MSOP
CS Vimal Gupta and CS Suresh Pandey addressing the Participants
4DaysOnlineMasterClassonFEMA(22ⁿEdition)from5July2021to8July2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells addressing the
Participants Also seen CS Vimal Gupta CS Devender Suhag and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 14
AGM
Notice is hereby given that the 40th Annual General Meeting of the members of the Institute of Company Secretaries of
India (ICSI) in the Northern Region forming part of Northern India Regional Council (NIRC) will be held on Wednesday
the 28th July 2021 at 1000 AM through online video conferencing at the link to transact the httpsbitly3qUlgZZ
following business(es)-
1 To receive consider and adopt Audited Balance Sheet as at 31st March 2021 the Income and Expenditure
account for the year ended on that date Report of the Regional Council and Auditors Report thereon
2 To appoint Ms Mukesh A Mittal amp Co Chartered Accountants Delhi as Statutory Auditors in place of retiring
Auditors Ms Mittal amp Mittal Associates Chartered Accountants to hold ofice from the conclusion of this Annual
General Meeting until conclusion of the next Annual General Meeting and to ix their remuneration
By order of The Northern India Regional Council of ICSI
Notice Of Annual General Meeting
(CSDEVENDERSUHAG)SecretaryNIRC-ICSIPlace New Delhi
Dated 13 July 2021
Note(s)
1 The members are requested to send their queries on inancial accounts andor functioning of NIRC through email
at niroicsiedu at least three (3) days in advance so that answers may be made available at the meeting
2 Members are requested to update the changes in their address(es) e-mail IDs contact details and other
particulars in their respective members account on ICSI portal for enabling NIRC to disseminate information
about activities and programs
3 In order to promote the Green Initiative the ICSI vide its letter dated 21102011 directed all its Regional Councils
to send the Annual Report to the members through electronic mode Accordingly NIRC is sending Annual Report
for the year 2020-21 through e-mail Members may also viewdownload Annual Report from the child portal of
NIRC ICSI (httpswwwicsiedunirohome)
4 Due to COVID-19 no physical copy of Annual Report shall be available for reference of the members
5 Web link to Join Annual General Meeting is (the link will be activated at 0940 AM on 28th httpsbitly3qUlgZZ
July 2021)
ICSI-NIRC Newsletter I July 2021 15
AGM
To
TheMembersofNIRCoftheICSI
REPORTONTHEAUDITOFTHEFINANCIALSTATEMENTS
Opinion
We have audited the accompanying standalone inancial statements of NORTHERNINDIAREGIONALCOUNCILOF
THEINSTITUTEOFCOMPANYSECRETARIESOFINDIANew Delhi which comprise the Balance Sheet as at 31st March
2021 and the statement of Income and Expenditure Cash Flow and a summary of the signiicant accounting policies and
other explanatory information
In our opinion and to the best of our information and according to the explanations given to us said Balance Sheet the
Income and Expenditure Account and Cash Flow Statement read together with the Schedule amp Notes thereon give a true
and fair view
1 In so far as it relates to the Balance Sheet of the State of Affairs of the NIRC of the ICSI as at 31st March 2021 and
2 In so far as it relates to the Income amp Expenditure account of the Excess of Income over the Expenditure of the
NIRC of the ICSI for the year ended on that date
3 In so far as it relates to the Cash Flow Statement of Cash Flow of the NIRC of the ICSI for the year ended on that
date
BasisforOpinion
We conducted our audit in accordance with the Standards on Auditing (SAs) generally accepted in India Our
responsibilities under those Standards are further described in the Auditors Responsibilities for the Audit of the
Financial Statements section of our report We are independent of the Entity in accordance with the Code of Ethics
issued by the Institute of Chartered Accountants of India together with the ethical requirements that are relevant to our
audit of the inancial statements and we have fulilled our other ethical responsibilities in accordance with these
requirements and the Code of Ethics We believe that the audit evidence we have obtained is suficient and appropriate
to provide a basis for our opinion
ResponsibilityoftheManagementfortheFinancialStatements
The NIRC of the ICSI are responsible for the preparation of these inancial statements that give a true and fair view of the
inancial position and inancial performance and cash low of NIRC of the ICSI in accordance with the accounting
principles generally accepted in India and formulated by the ICSI This responsibility also includes maintenance of
adequate accounting records in accordance with the applicable provisions for safeguarding the assets of the NIRC of the
ICSI and for preventing and detecting frauds and other irregularities selection and application of appropriate
accounting policies making judgments and estimates that are reasonable and prudent and design implementation and
maintenance of adequate internal inancial controls that were operating effectively for ensuring the accuracy and
completeness of the accounting records relevant to the preparation and presentation of the inancial statements that
give a true and fair view and are free from material misstatement whether due to fraud amp error
Independent auditorrsquos report
ICSI-NIRC Newsletter I July 2021 16
AGM
AuditorsResponsibilitiesfortheAuditoftheFinancialStatementsOur objectives are to obtain reasonable assurance about whether the inancial statements as a whole are free from
material misstatement whether due to fraud or error and to issue an auditors report that includes our opinion
Reasonable assurance is a high level of assurance but is not a guarantee that an audit conducted in accordance with SAs
will always detect a material misstatement when it exists Misstatements can arise from fraud or error and are
considered material if individually or in the aggregate they could reasonably be expected to inluence the economic
decisions of users taken on the basis of these inancial statements
As part of an audit in accordance with SAs we exercise professional judgment and maintain professional skepticism
throughout the audit We also
bull Identify and assess the risks of material misstatement of the inancial statements whether due to fraud or
error design and perform audit procedures responsive to those risks and obtain audit evidence that is
suficient and appropriate to provide a basis for our opinion The risk of not detecting a material misstatement
resulting from fraud is higher than for one resulting from error as fraud may involve collusion forgery
intentional omissions misrepresentations or the override of internal control
bull Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and
related disclosures made by management
bull Conclude on the appropriateness of managements use of the going concern basis of accounting and based on
the audit evidence obtained whether a material uncertainty exists related to events or conditions that may cast
signiicant doubt on the Entitys ability to continue as a going concern If we conclude that a material
uncertainty exists we are required to draw attention in our auditors report to the related disclosures in the
inancial statements or if such disclosures are inadequate to modify our opinion Our conclusions are based on
the audit evidence obtained up to the date of our auditors report However future events or conditions may
cause the Entity to cease to continue as a going concern
bull Evaluate the overall presentation structure and content of the inancial statements including the disclosures
and whether the inancial statements represent the underlying transactions and events in a manner that
achieves fair presentation
Furtherwereportthat a) We have obtained all the information and explanations which to the best of our knowledge and belief were
necessary for the purpose of our audit
b) In our opinion proper books of accounts as required by law amp ICSI have been kept by the Regional Council
so far as it appears from our examination of books amp records
c) The Balance Sheet the Income and Expenditure Account and Cash Flow Statement are in agreement with
the books of accounts presented before us
d) In our opinion Income and Expenditure Account Balance Sheet and Cash Flow Statement comply with the
accounting guidelines as adopted by the Institute
For MITTAL amp MITTAL ASSOCIATES
CHARTERED ACCOUNTANTS
Firm Regn No 014511N
Sd-
(CAMUKESHMITTAL)
Membership No 092534
Partner Place New Delhi
Date 01062021
UDIN 21092534AAAADH2668
ARTICLES
Introduction
A change always have positive and negative effects Same happened with this law called Goods and Service Tax BJP
Government was trying to introduce this concept since 2002 The committee for GST was formed in the year 1999 by our
Prime Minister Atal Bihari Vajpayee It was our Prime Minister who in the year 1999 understood that there shall be
single indirect tax system among the country to reduce the burden on the businessman But the approval from the
opposition took too long to implement Just like said earlier that changes always lead to discussions and disagreement st
GST was the idea of Mr Atal Bihari Vajpayee and came into force under the Modi Government on 01 July 2017 midnight
Along with opposition party (congress) businessmen common people shopkeepers etc were against the government
It was hard for them to accept GST
WhichcountryGSTModelAdoptedbyIndia
GST was irst adopted by France in the year 1954 with 4 tax slab rates (21 55 10 and 20) Amongst the tax
rates 20 is the standard rate applicable to most of the goods in France After France more than 140 countries adopted
GST model and some of the countries adopted Dual-GST model Canada is one of the country with dual GST model and
India adopted the same
Dual-GST It is referred where tax is collected by federal government and then distributed to respective states
WhyGSTwasimplementedinIndia
The main objective of GST implementation was to eliminate double taxation ie from manufacturing level to
consumption level Earlier VAT and sales tax was part of indirect tax and manufactures were liable for VAT and consumer
was liable for Sales tax due to which price of the product used to increase For the beneit of the nation GST came into
effect in the year 2017 despite of any reluctance to the changes
Earlier many were against the GST model but slowly and steadily they understood that with the introduction of GST the
pricing of the product has been made easy and cost of some products has been introduced With the introduction of GST
businesses are able to earn proit because of One Nation One Tax formula
Since the launch of GST government implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull 025 applied to cut and semi-polished stones
bull 5 on household necessities such as sugar spices tea and coffee
bull 12 on computers and processed food
bull 18 on toothpaste hair oil soap etc
bull 28 to luxury items such as cigarettes cars bike refrigerators etc
Goods andService TaxCS Yati Mittal ACS
csyatimittalgmailcom
ARTICLE
ICSI-NIRC Newsletter I July 2021 18
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TypesofGST
1 Central Goods and Service Tax (CGST) It is charged on the intra state supply of products and services
2 State Goods and Service Tax It is charged on the supply of products and services within the state
3 Integrated Goods and Service Tax It is charged on the inter state supply of products and services
4 Union Territory Goods and Service Tax It is charged on the supply of goods and services of Union Territories
HowtoavailGSTNumber
Under GST regime below persons are required to obtain GST IN number
1 Any businesses whose turnover exceeds Rs 40 Lakh in a inancial year for a normal category states and
Rs20 lakh for a special category states
2 Person registered under previous law (VAT Service Tax)
3 Registered business that has been transferred
4 Person making inter-state supplies
5 Non-resident taxable person
6 Agents of the supplier
7 Those paying tax under reverse charge mechanism
8 Person supplying online information and database access or retrieval
9 Person who supplies via e-commerce aggregator
Eligible persons are required to follow below mentioned steps to obtain GST IN number
1 Visit GST Portal
2 Click on Registration tab under Services tab and select NewRegistration
3 An application form will be opened which is divided in two parts ie Part A and B
4 Eligible persons are required to ill in the details so asked and submit the same
5 After submitting the required details ARN (Application reference number) will be sent to the registered
email id and mobile number for future reference
GSTFilingStructure
There are three types of GST taxpayer
Regular Taxpayers Composition TaxablePersons
Returns forSpeciic Transactions
ICSI-NIRC Newsletter I July 2021 19
ARTICLE
A RegularTaxpayers
Form GSTR-1 and GSTR-3B are to be iled by businesses and professionals registered with GST every month if their
annual turnover is exceeds Rs 5 crore Other taxpayer had an option to choose a quarterly return iling
From the quarter January 2021 even the businesses and professional whose turnover exceeds Rs 5 crore has an
option to opt for QRMP (Quarterly Return and Monthly Payment) Scheme where they can ile GSTR-1 and 3B
quarterly with monthly estimated GST payment
B CompositionTaxablePersons
A person registered under this scheme has to ile Form CMP-08 quarterly and Form GSTR-4 yearly by 30 April from
year 2019-2020 onwards Till FY 2018-19 persons registered under this scheme were liable to ile Form GSTR-4
quarterly and GSTR-9A annually
C ReturnsforSpeciicTransactions
Special transactions under GST have been deined with speciic GST returns such as
bull GSTR-5It is iled by non-resident foreign taxpayers who are registered with GST and carry their business in
thIndia It shall be iled by 20 of each month
bull GSTR-5A It is a summary return for reporting the outward taxable supplies and tax payable by Online
thInformation and Database Access or Retrieval Services (OIDAR) provider under GST It shall be iled by 20 of
each month
bull GSTR-6 It is iled by Input Service Provider This form carry the details of input tax credit received and
thdistributed It shall be iled by 13 of each month
bull GSTR-7It is iled by person who are liable to deduct TDS This form will contain details of TDS payable paid and
thclaimed It shall be iled by 10 of every month
bull GSTR-8Return iled by e-commerce operators registered under GST and who collects Tax at source (TCS) The
threturn shall be iled by 10 of every month
Conclusion
Persons businesses professionals registered GST has to ile the form as per the dates prescribed They will not be able to
ile any next return if any month quarter or year return is pending from their sides Moreover if there is any late iling
then interest and late fees are being calculated Following are the interest rates and penalties that are being levied on
late submission of forms
bull Interest 18 pa shall be calculated on the outstanding amount It shall be calculated on the net tax liability in
the ledger The interest shall be levied from the very next day of due date of actual date of form iling
bull As per CGST and SGST Rs 100- per day each late fees is levied which shall not exceed Rs 5000- No late fee is
prescribed under IGST
ICSI-NIRC Newsletter I July 2021 20
GST stands for Goods and Services Tax which became effective from July 1 2017 in India as one tax one nation It is an
Indirect tax which introduced to replacing a host of other Indirect taxes such as value added tax service tax purchase
tax excise duty and so on
GST is a destination-based tax levied on the consumption of goods and services across the nation thus rendering the
country one uniied common market
GST is a multi-stage tax system which is comprehensive in nature and applied on the sale of goods and services
throughout India
Aim The main aim of this taxation system is to curb the cascading effect of other indirect taxes
The goods and services tax (GST) is a value-added tax levied on most goods and services sold for domestic consumption
The GST is paid by consumers in addition of the sales price of the product but it is remitted to the government by the
businesses selling the goods and services
goods andservice tax (gst)
ARTICLE
ICSI-NIRC Newsletter I July 2021 21
CS Parul Jain ACS
csparulnishujain10121gmailcom
Destination-based tax vs Origin-based tax
A destination-based tax is one which is levied in the state where the goods or services are consumed and not where they
are produced On the other hand an origin-based tax is levied in the state where goods or services are produced (not
consumed) The views expressed are personal views of the author
and it should not be taken as views of the NIRC-ICSI
ARTICLE
GST is paid by the different businesses at different rates in the following manner
Manufacturer The manufacturer pays GST on the raw material that is purchased and the value that has been added to
make the product However the tax that has been paid by the manufacturer is reduced from the overall GST that must be
paid
Service Provider The service provider pays GST on the amount that is paid for the service provided and the value that
has been added to it
Retailer The retailer pays GST on the product that has been purchased from the distributor as well as the margin that
has been added However the tax that has been paid by the retailer can be reduced from the overall GST that must be
paid
Consumer GST must be paid on the product that has been purchased by the consumer
History of GST
On July 1st 2017 the Goods and Services Tax implemented in India But the process of implementing the new tax regime
commenced a long time ago In 2000 Atal Bihari Vajpayee then Prime Minister of India set up a committee to draft the
GST law
In 2006 Finance Minister proposed the introduction of GST from 1st April 2010 and in 2011 the Constitution
Amendment Bill passed to enable the introduction of the GST law In 2012 the Standing Committee started discussions
about GST and tabled its report on GST a year later In 2014 the new Finance Minister at the time Arun Jaitley
reintroduced the GST bill in Parliament and passed the bill in Lok Sabha in 2015 Yet the implementation of the law
delayed as it was not passed in Rajya Sabha
GST went live in 2016 and the amended model GST law passed in both the house The President of India also gave assent
In 2017 the passing of 4 supplementary GST Bills in Lok Sabha as well as the approval of the same by the Cabinet Rajya
Sabha then passed 4 supplementary GST Bills and the new tax regime implemented on 1st July 2017
Tax Laws Before the Implementation of GST
The Centre and the State used to collect tax separately Depending on the state the tax regimes were different
Even though import tax was levied on one individual the burden was levied on another individual In the cases of direct
tax the taxpayer must pay the tax
Prior to the introduction of GST direct and indirect taxes were present in India
Direct Taxes Refers to the taxes which are paid straight by an individual on whom it is imposed For instance Property
Tax Wealth Tax Gift tax and Income tax etc
Indirect Taxes Refers to the taxes which are charged as a burden reduction for others For instance Excise Duty Service
and Sales tax etc
India established a dual GST structure in 2017 which was the biggest reform in the countrys tax structure in decades
The main objective of incorporating the GST was to eliminate tax on tax or double taxation which cascades from the
manufacturing level to the consumption level
ICSI-NIRC Newsletter I July 2021 22
ARTICLE
India has since launching the GST on July 1 2017 implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull A rate of 025 applied to cut and semi-polished stones
bull A 5 tax on household necessities such as sugar spices tea and coffee
bull A 12 tax on computers and processed food
bull An 18 tax on hair oil toothpaste soap and industrial intermediaries
The inal bracket taxing goods at 28 applies to luxury products including refrigerators ceramic tiles cigarettes cars
and motorcycles
The previous system with no GST implies that tax is paid on the value of goods and margin at every stage of the
production process This would translate to a higher amount of total taxes paid which is carried down to the end
consumer in the form of higher costs for goods and services The implementation of the GST system in India is therefore
a measure that is used to reduce inlation in the long run as prices for goods will be lower
ICSI-NIRC Newsletter I July 2021 23
TaxRates Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
GST also gives a major push to domestic industries as they will be able to procure seamless input credit for capital goods
Make in India campaign is set to lourish after this reform
ARTICLE
TypesofGST
The four different types of GST are given below
ICSI-NIRC Newsletter I July 2021 24
Central Goods and Services Tax (CGST) CGST is charged on the intra state supply of products and services
Individuals who pay tax as per the reverse change mechanism Central goods and service tax is the amount which is
channelled to the central government of revenue department which is equal to SGST The speciic tax amount is for
remuneration for loss of the already existing excise duties which is supposed to be paid to the central government In
such a scenario of the regional sales the remaining 50 share of GST is sent to the CGST
StateGoodsandServicesTax (SGST) SGST like CGST is charged on the sale of products or services within a stateState
Goods and Service Tax is the integral part of tax which is transferred to the state government and state revenue
department This remunerates the loss of present Sales Tax and VAT to state government It is where the 50 share of
total tax imposed is transferred to the SGST tax
IntegratedGoodsandServicesTax (IGST) IGST is charged on inter-state transactions of products and servicesIGST
stands for the Integrated Goods and Services Tax which is imposed when the state-to-state sales and procurement is in
transition A speciic share is sent to the central government along with the partner state to which the goods and services
belong to The IGST is levied only when the two states procurement and sales take place
ARTICLE
RegistrationunderGST
It is mandatory for all Service providers buyers and sellers to register A business that makes a total income of Rs20
lakhs and more in a inancial year must be required to do GST registration It takes 2-6 working days to process
The below mentioned entities and individuals must register for Goods and Services Tax
middot E-commerce aggregators
middot Individuals who supply through e-commerce aggregators
middot Agents of input service distributors and suppliers
middot Non-Resident individuals who pay tax
middot Businesses that have a turnover that is more than the threshold limit
middot Individuals who have registered before the GST law was introduced
Any company that is eligible under GST must register itself in the GST portal created by the Government of India The
registered entities will get a unique registration number called GSTIN
A 15-digit distinctive code that is provided to every taxpayer is the GSTIN The GSTIN will be provided based on the state
you live at and the PAN Some of the main uses of GSTIN are mentioned below
w Loans can be availed with the help of the number
w Refunds can be claimed with the GSTIN
w The veriication process is easy with the help of the GSTIN
w Corrections can be made
The GST registration certiicate is issued in Form GST REG-06 The certiicate is not issued physically It is available in
digital format only A GST Certiicate is an oficial document that is issued by the concerned authorities for a business
that has been enrolled under the GST system GST Certiicate contains GSTIN Legal Name Trade Name Constitution of
Business Address Date of liability Period of Validity Types of Registration Particulars of Approving Authority
Signature Details of the Approving GST oficer and Date of issue of a certiicate
GST E-Way Bill
An electronic document that is generated to show proof of goods movement is the E-Way bill We can generate the bill
from the GST portal
BeneitsofGST
ICSI-NIRC Newsletter I July 2021 25
ARTICLE
The following are the advantages of goods and services tax in India
bull Regulation of the unorganised sector
bull E-commerce operators no longer suffer from differential treatment
bull Fewer complications
bull Composition scheme
bull Registration process and iling of returns are simple
bull Higher threshold
bull Elimination of the cascading tax effect
GoodsandServicesTaxNetwork
The GSTN is the Goods and Services Tax Network which is responsible for managing the IT system concerning the GST
Portal It is a non-proit non-government organization and is the database for the oficial GST Portal
The features of the GSTN can be listed as follows
bull Keeping the information of all the taxpayers safe and secure
bull Maintaining conidentiality of the taxpayers information
bull It is a trusted National Information Utility (NIU)
GSTN is responsible for handling
bull The invoices
bull The registrations
bull The payments and refunds (if any)
bull Different types of returns
GSTReturns
A GST Returns is a document that contains information about the income that a taxpayer must ile with the authorities
This information used to compute the taxpayers tax liability Under the Goods and Services Tax registered dealers must
ile their GST returns with details regarding their purchases sales input tax credit and output GST Businesses are
expected to ile 2 monthly returns as well as an annual return
Currently the GST is paid every month The GSTR-1 and GSTR-3B must be iled In the case of refunds the relevant forms
must be submitted as well GST payments can be made both online and ofline Once the payment has made a challan is
generated
TypesofGSTReturnsandDuedates
GSTR-1
GSTR-1 is the return to be furnished for reporting details of all outward supplies of goods and services made In other
words it contains the invoices and debit-credit notes raised on the sales transactions for a tax period GSTR-1 is to be
iled by all normal taxpayers who are registered under GST including casual taxable persons
ICSI-NIRC Newsletter I July 2021 26
ARTICLE
Monthlyby11thofeverysucceedingmonthif the business either has an annual aggregate turnover of more than Rs5
crore or has not opted into the QRMP scheme
Quarterlyby13thofthemonthfollowingeveryquarterif the business has opted into the QRMP scheme
GSTR-2A
GSTR-2A is a view-only dynamic GST return relevant for the recipient or buyer of goods and services It contains the
details of all inward supplies of goods and services ie purchases made from GST registered suppliers during a tax
period
GSTR-2B
GSTR-2B is again a view-only static GST return important for the recipient or buyer of goods and services
GSTR-2B provides action to be taken against every invoice reported such as to be reversed ineligible subject to reverse
charge
ICSI-NIRC Newsletter I July 2021 27
ARTICLE
GSTR-3B
GSTR-3B is a monthly self-declaration to be iled for furnishing summarised details of all outward supplies made input
tax credit claimed tax liability ascertained and taxes paid
GSTR-3B is to be iled by all normal taxpayers registered under GST The sales and input tax credit details must be
reconciled with GSTR-1 and GSTR-2B every tax period before iling GSTR-3B GST reconciliation is crucial to identify
mismatches in data that may lead to GST notices in future or suspension of GST registration as well
The iling frequency of GSTR-3B is currently as follows
thMonthly 20 of every following month for taxpayers with an aggregate turnover in the previous inancial year of more
than Rs5 crore or have been otherwise eligible but still opted out of the QRMP scheme
thQuarterly 24 of every following month of the quarter ended for the taxpayers with aggregate turnover is less than or
equal to Rs 5 crore eligible and remain opted into the QRMP scheme
ICSI-NIRC Newsletter I July 2021 28
GSTR-4
GSTR-4 is the annual return that was to be iled by the composition taxable persons under GST by 30th April of the year
following the relevant inancial year It has replaced the erstwhile GSTR-9A (annual return) from FY 2019-20 onwards
Prior to FY 2019-20 this return had to be iled on a quarterly basis Thereafter a simple challan in form CMP-08 iled by
18th of the month succeeding every quarter replaced it
ARTICLE
The composition scheme is a system in which taxpayers dealing with goods and having a turnover up to Rs15 crores can
opt into and pay taxes at a ixed rate on the turnover declared
GSTR-5
GSTR-5 is the return to be iled by non-resident foreign taxpayers who are registered under GST and carry out business
transactions in India
The return contains details of all outward supplies made inward supplies received creditdebit notes tax liability and
taxes paid
The GSTR-5 return is to be iled monthly by the 20th of each month under GSTIN that the taxpayer is registered in India
GSTR-5A
GSTR-5A refers to a summary return for reporting the outward taxable supplies and tax payable by Online Information
and Database Access or Retrieval Services (OIDAR) provider under GST
The due date to ile GSTR-5A is the 20th of every month
GSTR-6
GSTR-6 is a monthly return to be iled by an Input Service Distributor (ISD)
It will contain details of input tax credit received and distributed by the ISD It will further contain details of all
documents issued for the distribution of input credit and the manner of distribution
The due date to ile GSTR-6 is the 13th of every month
GSTR-7
GSTR-7 is a monthly return to be iled by persons required to deduct TDS (Tax deducted at source) under GST
This return will contain details of TDS deducted the TDS liability payable and paid and TDS refund claimed if any
The due date to ile GSTR-7 is the 10th of every month
GSTR-8
GSTR-8 is a monthly return to be iled by e-commerce operators registered under the GST who are required to collect tax
at source (TCS)
It contains details of all supplies made through the e-commerce platform and the TCS collected on the same
The GSTR-8 return is to be iled on a monthly basis by the 10th of every month
ICSI-NIRC Newsletter I July 2021 29
ARTICLE
GSTR-9
GSTR-9 is the annual return to be iled by taxpayers registered under GST It is due by 31st December of the year
following the relevant inancial year as per the GST law
It contains the details of all outward supplies madeinward supplies received during the relevant inancial year under
different tax heads ie CGST SGST amp IGST and a summary value of supplies reported under every HSN code along with
details of taxes payable and paid
It is a consolidation of all the monthly or quarterly returns (GSTR-1 GSTR-2A GSTR-3B) iled during that inancial year
GSTR-9 is required to be iled by all taxpayers registered under GST
However there are few exceptions such as taxpayers who have opted for the composition scheme casual taxable
persons input service distributors non-resident taxable persons and persons paying TDS under section 51 of the CGST
Act
GSTR-9C
GSTR-9C is the reconciliation statement to be iled by all taxpayers registered under GST whose turnover exceeds Rs2
crore in a inancial year as per the GST law
It must be certiied by a Chartered AccountantCost amp Management Accountant after conducting a thorough GST audit
of the books of accounts and comparing the igures with the GSTR-9
The deadline to ile this statement is the same as the due date prescribed for GSTR-9 ie 31st December of the year
following the relevant inancial year
GSTR-9C is to be iled for every GSTN hence one PAN can have multiple GSTR-9C forms being iled
GSTR-10
GSTR-10 is to be iled by a taxable person whose registration has been cancelled or surrendered This return is also
called a inal return and has to be iled within three months from the date of cancellation or cancellation order
whichever is earlier
GSTR-11
GSTR-11 is the return to be iled by persons who have been issued a Unique Identity Number (UIN) in order to get a
refund under GST for the goods and services purchased by them in India UIN is a classiication made for foreign
diplomatic missions and embassies not liable to tax in India for the purpose of getting a refund of taxes GSTR-11
contains details of inward supplies received and refund claimed
LateilingofGSTReturns
Return iling is mandatory under GST Even if there is no transaction you must ile a Nil return
You cannot ile a return if you do not ile the previous monthquarters return
Hence late iling of GST return will have a cascading effect leading to heavy ines and penalty
The late iling fee of the GSTR-1 is populated in the liability ledger of GSTR-3B iled immediately after such delay
ICSI-NIRC Newsletter I July 2021 30
ARTICLE
InterestandLatefeetobepaid
Interest is 18 per annum It has to be calculated by the taxpayer on the amount of outstanding tax to be paid It shall be
calculated on the net tax liability identiied in the ledger at the time of payment The time period will be from the next day
of iling due date till the actual date of payment
As per the CGST Act the late fee is Rs 100 per day per Act So it is Rs100 under CGST amp Rs 100 under SGST The total
shall be Rs 200day However there is a maximum levy of Rs 5000 There is no late fee separately prescribed under the
IGST Act Also for GSTR-1 and GSTR-3B the total late fee was reduced to Rs 50 day (Rs20 day for Nil iling)
Conclusion
The goods and services tax (GST) is a tax on goods and services sold domestically for consumption The tax is included in
the inal price and paid by consumers at point of sale and passed to the government by the seller The GST is a common
tax used by the majority of countries globally The GST is usually taxed as a single rate across a nation
Every year 1st of July is commemorated as the Financial Independence Day across the country whereupon the entire
MOP (Member of Parliament) took part in the Parliament house function The transformation of the GST jurisdiction
which was approved by +150 countries is not so easy to get done It was not just the complexities but also the confusions
were expected to pop up In a country like India there is a possibility of such complexities
ICSI-NIRC Newsletter I July 2021 31
GSTndashOneNationOneTax
GST an area of Vast Opportunities for the Professionals The Goods and Services Tax (GST) is a major taxation reform till
date implemented in India since independence which has replaced many indirect taxes in India such as the Excise duty
VAT services tax additional customs duty surcharges and Octroi etc The Goods and Service Tax Act was passed in the
thParliament on 29 March 2017 and came into effect on 1st July 2017The Parliament has enacted the Central Goods and
Services Tax Act 2017 (CGST Act) while the respective states have enacted their own law The Parliament has also
enacted the Union Territory Goods and Services Tax Act 2017 (UTGST Act) for taxation of intra-state supply within the
Union territories of the Country
GST is a tax which is levied on the supply of goods and services and the tax is levied at every point of sale GST Law in India
is a comprehensive multi-stage destination-based tax that is levied on every value addition GST laws have impacted
the life of the many professionals Enactment of GST Law in India is favorable for Tax Systems growth and prosperity of
our nation
NeedofGST
With the enactment implementation of GST Law new rules and amendments introduced in the taxation system The
Tax system has been improved and everything is required to do in the bracket of GST subsuming all the previously
applicable indirect taxes
ARTICLE
ICSI-NIRC Newsletter I July 2021 32
ldquocompany secretary asgst professionalrdquo
CS Lalit Rajput ACS
lalitrajput537gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TaxesunderGST
ICSI-NIRC Newsletter I July 2021 33
3MajorComponentsofGST
CGST SGST IGST
Ta x c o l l e c t e d b y t h e C e n t r a l
Government on an intra-state sale
Tax collected by the state government
on an intra-state sale
Ta x c o l l e c t e d b y t h e C e n t r a l
Government for an inter-state sale
Revenue - Shared equally between the Centre and the State Centre will share the IGST revenue
based on the destination of goods
GSTndashAnEmergingopportunityforCompanySecretaryProfessionals
ldquoOpportunitiesknockonlyonceatyourdoorrdquo-GSTisanopportunityforprofessionalslikeuswhich
providesanopportunitytoservelearnandearn
GST law is a consolidation of many indirect taxes laws amprules with the inputs rendered by the tax authorities GST
provides an opportunity to every professional including Company Secretaries (CS) Member of the ICSI to learn and
grow with the new Tax System Structure regardless of competition with experienced professionals of the ield as this
system is new and emerging for all
After the enactment of GST Law in the country the opportunities for professionals in the area of accounting services and
tax management have increased signiicantly and so the role of Professionals including Company Secretaries We
Company Secretaries can help businesses organizations to understand the necessary document needs which are
required to submit for GST registration and relevant GST compliance post registration with the concerned authority It is
our duty and responsibility as Governance Professionals to take interest in emerging opportunity provided by the
Finance Ministry new taxation system to understand fully and then advise concerned people organization accordingly
GST is a new career opportunity for us The requirement of GST experts professionals in the market is at peak due to
various economic reforms of the nation The newness of the GST concept and due to several changes came in this law
lucrative career opportunities have been creating in GST regime for GST professionals experts Due to the increased
emphasis in GST reforms the hiring intensity for GST professionals is at an overall high There has been a huge demand
for the GST talent experts in all the business verticals due to the criticality of the subject
ARTICLE
This is the right time to become a GST experts professional and take home hefty salary packages But since the level of
professional GST expertise required in the industry is high one has to be careful ampremain updated with all the latest
concepts of GST laws
GSTCoursepromotedbyICSI
As the demand of GST professionals has been increased in the industry The Institute of Company Secretaries of India
(ICSI) In order to give suficient practical knowledge of GST has come up with Certiicate course in GST Law which is an
advanced level course and shall test a candidates knowledge of various concepts of GST along with the transitional
issues The candidates successfully complete the Course are awarded a Certiicate by ICSI
This course enables members to understand the key areas of impact in their business prepare different scenarios for
the design and application of GST identify areas of adverse impact and prepare contingency measures examining legal
documentation for recovery of taxes on existing transactions etc
RoleofCompanySecretariesunderGSTRegime
Company Secretaries Members of ICSI are LawExpertsandComplianceMaster Under section 203 of the Companies
Act 2013 Company Secretary has been deined as KMPs ie Key Managerial Personnel means person who is in-
charge of maintaining the high standard of Corporate Governance by abiding laws and regulations in timely complied
manner In other countries Company Secretary is called as Corporate Secretary as he is responsible to take care of all the
compliances with statutory and regulatory requirements
Company Secretaries can play an important role in GST Regime Company Secretaries can act as a Consultant facilitator
and an advisor to the Corporates They can ensure smooth rollout of GST Law in India To minimize tax and smooth
implementation of GST the business would require restructuring their system and Company Secretary can render
required service to and ensure proper restructuring of business
ListofsomeactivitiesandComplianceMattersthatcanbeundertakenbyaCompanyundertheGST
Regime
1RegistrationofvariousBusinessformsundertheGSTLaws
As we all know that there is no professional certiication required to ile registration of any business form with the GST
Authorities Therefore a Company Secretary professional can also render registration services to the industry
2FilingofGSTReturnswiththeGSTAuthorities
To ile GST Returns whether monthly quarterly at GST Portal for all types of Business forms there is no professional
attestation certiication required Hence a Company Secretary professional with expertisein the GST matters can also
render registration services
3ConsultancytotheEntrepreneursandRestructuringtheirBusinessSystem
Being a Company Secretary we have been always considered as Corporate Law experts We dont need any Taxation
Degree to provide consultancy on the GST matters We can comprehensively interpret the law of GST and provide
complete guidance and advisory to the business entities
4Submissionofvariousreturnsinatimeboundmanner
We are responsible for the eficient and timely administration of the company and speciically ensuring statutory and
regulatory compliance We can guide in better compliance and governance and ensure that all activities undertaken to
achieve its aim are in compliance with legal ethical and regulatory requirements
ICSI-NIRC Newsletter I July 2021 34
ARTICLE
5E-waybillsrelatedissues
E-Way Bill is an Electronic Way bill for movement of goods to be generated on the e-Way Bill Portal and is mandatory for
a GST registered person transporting goods exceeding value of Rs 50000 (Single Invoicebilldelivery challan) We can
help the business entities persons registered under GST Law to generate the W-waybill on time
We can help and support business entities in Maintenance of appropriate registers and records of the organization as
required under GST Law regime
6Taxplanning
Tax planning is an important segment for every business We can help the industry owners entrepreneurs by Tax
planning services and helps in increasing availability of cash for investment business or personal needs We are
competent to understand the impact of laws changes modiications and its various alternatives and can be helpful in
proper tax planning under GST
7EnsureadequatestepsmeasureshasbeentakentopreventfromNon-Compliance
Procedural Compliance includes registration iling of returns payments of taxes assessment etc Since a Company
Secretary is already playing the role of a Compliance Oficer under various other laws he can assist in the same under
GST law also
8AmendmentsmodiicationsampClosureofBusiness
We can helps the registered person under GST Law to submit various applications for amendments or modiications
revocation and cancellation of GST Registration
Conclusion
Registration Amendments Closure Compliance Check requirements Audit and due diligence in the matters related to
GST Law in the Corporate Sectors needs a close watch and proper guidance and laws regulations should be followed by
the Company Secretaries Company Secretaries in Practice All the records and disclosures should be made properly
The Corporate Laws including GST becomes more tough and strict against Non ndash Compliances with respect to any
matter The dynamics of the boardroom are changing and chairmen and directors are realizing that they need specialist
skilled and technical knowledgeable person in this area and they are looking to company secretaries to provide this
expertiseWe are skilled expert professionals who understand legal inancial and compliance dimensions of business
entity comprehensively
ICSI-NIRC Newsletter I July 2021 35
GST is one of the biggest taxation reforms of independent India Its main object was to integrate State economies GST is
the most historic indirect tax reform and is implemented with the aim of enhancing the overall growth of the Nation
along with supporting the MakeInIndiainitiative It aims at creating a single uniied Indian market throughout the
Nation It is a comprehensive destination based indirect tax levy of goods as well as services at the national level
Its main objective is to consolidate multiple indirect tax levies into a single tax thus subsuming an array of tax levies
overcoming the limitations of previous indirect tax structure and creating eficiencies in tax administration
GST is a consumption-based tax which is levied on the basis of ldquoDestination principlerdquo The concept relates
to taxing the supply of goods or services at the point of consumption
It is a comprehensive tax regime covering both goods and services and is collected on value-added at each stage of the
supply chain Further GST paid on the procurement of goods and services can be set off against that payable on the
outward supply of goods or services In simple words Goods and Services Tax is a tax levied on goods and services
imposed at each point of supply GST is a national level tax based on value added principle just like State level VAT which
was levied as tax on sale of inter-state goods
The essence of GST is in removing the cascading effects ie tax on tax of both Central and State taxes by allowing setting-
off of taxes throughout the value chain right from the original producer and service
providers point up to the consumer level
GST is a major improvement over existing system of VAT and disjointed Service Tax ushering a collective gain for
industry trade and common consumers as well as for the Central Government and the State Governments at large
GST as a well-designed value added tax on all goods and services is the most elegant method to eliminate distortions
and to tax consumption
Time to time there had been many amendments in GST Act to remove hardness
In starting when GST came many small business men were thinking that this is a burden on them but time to time under
this act many sections were introduced for the ease of business
For example A composition scheme was introduced in this Act
This composition scheme is an option for speciied categories of small taxpayers to pay GST at a very low rate on the base
of turnover
Now this scheme can be opted by small business men whose turnover in preceding inancial year does not exceed Rs 15
Cr and in some speciied categories eg Arunachal Pradesh Uttarakhand Manipur Meghalaya Mizoram Nagaland
Tripura amp Sikkim this limit is Rs75 Lakh
All composition dealer who opts this scheme are not required to do much compliances and they have to ile quarterly
return in place of monthly return iling
ARTICLE
ICSI-NIRC Newsletter I July 2021 36
GST in IndiaCS Sarika Gupta ACS
cssarikaguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
Earlier this scheme was only for manufacturer trader and restaurant service providers
All manufacturer and traders who opt this scheme pay GST rate of 1 while all restaurant service providers pay GST
5 under this scheme
In spite of it anewsection10(2A)is also inserted which allows small service providers providing services other than
restaurant service to opt this scheme on presumption basis Only condition for this scheme is that aggregate turnover
should not exceed Rs 50 Lakh in the previous year In this scheme they have to pay GST 6 (CGST+ SGSTUTGST) on
irst supplies of services up to a value of Rs 50 lakhs made from the date of 1st April of current year
Wecanunderstandthissectionbyoneexample
A photographer Champak Lal has commenced photography service in Delhi from April this year His turnover for
various quarter is as follows
April- June Rs 20 Lakh July ndash Sept Rs 30 Lakh Oct ndash Dec Rs 20 Lakh
He takes registration when his turnover limit is crossed ie after the month of June when turnover limit exceeds Rs 20
Lakhs Now he can opt this scheme because in preceding year his turnover is nil ie below Rs 50 Lakhs
thFor payment of tax under this scheme turnover from 1st April to 30 June will be excluded as this time he did not take
registration in GST
He will pay GST 6 on next Rs 30 Lakh turnover of July to September quarter ie Rs 180000 under this scheme
By end of September month he crosses the eligibility Turnover limit of Rs 50 Lakhs of this scheme so he has to opt out
from this scheme and to adopt normal scheme While during the irst quarter April to June he was not registered in GST
but for eligibility of this scheme turnover of this quarter will also be counted in eligibility limit
Consequently Tax payable for quarter Oct- Dec will be 20 L18 ie Rs 360000 under normal scheme
In the same way earlier all traders and manufacturer who opt this composition scheme were not allowed to provide
services except restaurant services as well as all restaurant service providers also were not allowed to provide other
services except restaurant service
But now Secondprovisotosection10(1)allowsManufacturertraderandrestaurantserviceproviderstosupply
marginal services other than restaurant services along with Goods Restaurant service in CY of value not exceeding
10ofpreviousyearsturnoverorRs500000whichever is Higher
Wecanunderstandthisfromoneexample
Binod is engaged in supply of goods His aggregate turnover in preceding FY is 60 lakh Since his aggregate turnover in
the preceding FY does not exceed 15 crore he is eligible for composition scheme in current FY Further in current FY he
can supply services [other than restaurant services] up to a value of not exceeding
(a) 10 of Rs 60 lakhs ie Rs6 lakh or
Rs 5 lakhs whichever is igher
Thus time to time there are becoming many amendments in this Act for the ease of business In overall we can say GST
(GOODS AND SERVICE TAX) is a GoodandSimpleTax
ICSI-NIRC Newsletter I July 2021 37
GST is known as the Goods and Services Tax It is an indirect tax which has replaced many indirect taxes in India such as
the excise duty VAT services tax etc The Goods and Service Tax Act was passed in the Parliament on 29th March 2017
and came into effect on 1st July 2017
In other words GST is levied on the supply of goods and services Goods and Services Tax Law in India is a
comprehensivemulti-stagedestination-basedtaxthat is levied on everyvalueaddition GST is a single domestic
indirect tax law for the entire country
GSTAdvantages
middot GST is a transparent tax and also reduces the number of indirect taxes
middot GST will not be a cost to registered retailers therefore there will be no hidden taxes and the cost of doing business
will be lower
middot Beneit people as prices will come down which in turn will help companies as consumption will increase
middot There is no doubt that in the production and distribution of goods services are increasingly used or consumed
and vice versa
middot Separate taxes for goods and services which is the present taxation system requires division of transaction
values into value of goods and services for taxation leading to greater complications administration including
compliances costs
middot In the GST system when all the taxes are integrated it would make possible the taxation burden to be split
equitably between manufacturing and services
middot GST will be levied only at the inal destination of consumption based on the VAT principle and not at various
points (from manufacturing to retail outlets) This will help in removing economic distortions and bring about
development of a common national market
middot GST will also help to build a transparent and corruption-free tax administration
middot Presently a tax is levied on when a inished product moves out from a factory which is paid by the manufacturer
and it is again levied at the retail outlet when sold
middot GST is backed by the GSTN which is a fully integrated tax platform to deal with all aspects of GST
GSTDisadvantages
middot Some Economist says that GST in India would impact negatively on the real estate market It would add up to 8
percent to the cost of new homes and reduce demand by about 12 percent
middot Some Experts says that CGST (Central GST) SGST (State GST) are nothing but new names for Central
ExciseService Tax VAT and CST Hence there is no major reduction in the number of tax layers
ARTICLE
ICSI-NIRC Newsletter I July 2021 38
goods and servicestax (gst)
CS Jaspal Singh Dhanjal FCS
cspunjabpoweryahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
middot Some retail products currently have only a four percent tax on them After GST garments and clothes could
become more expensive
middot The aviation industry would be affected Service taxes on airfares currently range from six to nine percent With
GST this rate will surpass ifteen percent and effectively double the tax rate
middot Adoption and migration to the new GST system would involve teething troubles and learning for the entire
ecosystem
What are the components of GST
There are three taxes applicable under this system CGST SGST amp IGST
middot CGST It is the tax collected by the Central Government on an intra-state sale (eg a transaction happening
within Maharashtra)
middot SGST It is the tax collected by the state government on an intra-state sale (eg a transaction happening within
Maharashtra)
middot IGST It is a tax collected by the Central Government for an inter-state sale (eg Maharashtra to Tamil Nadu)
In most cases the tax structure under the new regime will be as follows
ICSI-NIRC Newsletter I July 2021 39
Transaction GSTRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central
ExciseService tax
Revenue will be shared equally between the
Centre and the State
Sale to another State IGST Central Sales Tax + Excise
Service Tax
There will only be one type of tax (central) in
case of inter-state sales The Centre will then
share the IGST revenue based on the destination
of goods
GSTRegistration
AggregateTurnover RegistrationRequired Applicability
EarlierLimitsndashForthesaleofGoodsProvidingServices
Exceeds Rs20 lakh Yes ndash For Normal Category States Up to 31st March 2019
Exceeds Rs10 lakh Yes ndash For Special Category States Up to 31st March 2019
NewLimitsndashForSaleofGoods
Exceeds Rs 40 lakh Yes ndash For Normal Category States From 1st April 2019
Exceeds Rs 20 lakh Yes ndash For Special Category States From 1st April 2019
NewLimitsndashForProvidingServices
There has been no change in the threshold limits for service providers Persons providing services need to register if
their aggregate turnover exceeds Rs 20 lakh (for normal category states) and Rs 10 lakh (for special category states)
ARTICLE
The process by which a taxpayer gets registered under Goods and Service Tax (GST) is GST registration Once the
registration process has been completed the Goods and Service Tax Identiication Number (GSTIN) is provided The 15-
digit GSTIN is provided by the Central Government and helps to determine whether a business is liable to pay GST
WhoiseligibletoregisterunderGST
GST Registration must be completed by the following individuals and businesses
1 Individuals who have registered under the tax services before the GST law came into effect
2 Non-Resident Taxable Person and Casual Taxable Person
3 Individuals who pay tax under the reverse charge mechanism
4 All e-commerce aggregators
5 Businesses that have a turnover that exceeds Rs40 lakh In the case of Uttarakhand Himachal Pradesh Jammu amp
Kashmir and North-Eastern states the turnover of the business should exceed Rs10 lakh
6 Input service distributors and agents of a supplier
7 Individuals who supply goods through an e-commerce aggregator
8 Individuals providing database access and online information from outside India to people who live in India
other than those who are registered taxable persons
TypesofGSTRegistration
Under the GST Act GST Registration can be of various types You must be aware of the different types of GST Registration
before selecting the appropriate one The different types of GST Registration are
NormalTaxpayer
Most businesses in India fall under this category You need not provide any deposit to become a normal taxpayer There is
also no expiry date for taxpayers who fall under this category
CasualTaxablePerson
Individuals who wish to set up a seasonal shop or stall can opt for this category You must deposit an advance amount
that is equal to the expected GST liability during the time the stall or seasonal shop is operational The duration of the
GST Registration under this category is 3 months and it can be extended or renewed
CompositionTaxpayer
Apply for this if you wish to obtain the GST Composition Scheme You will have to deposit a lat under this category The
Input tax credit cannot be obtained under this category
Non-ResidentTaxablePerson
If you live outside India but supply goods to individuals who stay in India opt for this type of GST Registration Similar to
the Casual Taxable Person type you must pay a deposit equal to the expected GST liability during the time the GST
registration is active The duration for this type of GST registration is usually 3 months but it can be extended or
renewed at the type of expiry
ICSI-NIRC Newsletter I July 2021 40
ARTICLE
DocumentsrequiredforGSTRegistration
Here are the documents required to complete GST Registration
1 PAN card
2 Aadhaar card
3 Business address proof
4 Bank account statement and cancelled cheque
5 Incorporation Certiicate or the business registration proof
6 Digital Signature
7 Directors or Promoters ID proof address proof and photograph
8 Letter of Authorisation or Board Resolution from Authorised Signatory
GSTRegistrationViaAuthenticationofAadhaar
New businesses can secure their GST registration with the help of the Aadhaar The process is simple and quick The new
process came into effect from 21 August 2020 The procedure to opt for Aadhaar authentication is mentioned below
1 When you apply for GST registration you will be provided with an option to choose Aadhaar authentication
2 Select YES The authentication link will be sent to the registered email ID and mobile number
3 Click on the authentication link
4 Enter the Aadhaar number and select Validate
5 Once the details have been matched an OTP will be sent to the registered mobile number and email ID
6 Enter the OTP to complete the process You will get the new GST registration within three working days
OnlineGSTRegistrationFees
In case you complete the GST Registration procedure online no fee will be levied Once the relevant documents have
been uploaded an Application Reference Number (ARN) will be sent via SMS and email to conirm the registration
PenaltyforNotRegisteringorLateRegisteringUnderGST
If you do not pay tax or pay a lesser amount than what is due the penalty that is levied is 10 of the due amount (in case
of genuine errors) However the minimum penalty is Rs10000
If you have not registered for GST and are deliberately trying to evade tax the penalty levied is 100 of the due tax
amount
BeneitsofGSTRegistration
The main beneits of GST registration are mentioned below
1 Big projects can be accepted from Multinational Corporations (MNCs)
2 Goods can be sold online
3 Goods can be sold across the country
4 GST registration acts as valid proof as it is a legal entity registration
5 Input tax credit can be availed when any goods or services are being purchased
6 With the help of a GSTIN a current bank account can be opened
7 The GSTIN helps in increasing the brand value of the business
ICSI-NIRC Newsletter I July 2021 41
ARTICLE
GSTRegistrationExemption
The below-mentioned individuals and entities are exempt from GST registration
1 Businesses that manufacture supplies that come under reverse charge
2 Activities that do not come under the supply of goods or services Examples of such activities are the sale of a
building or land funeral services and services provided by an employee
3 Businesses that make non-GST non-taxable supplies Examples are aviation turbine fuel electricity natural
gas high-speed diesel and petrol
4 Businesses that make exempt nil-rated supplies
5 Businesses that fall under the threshold exemption limit
6 Agriculturists
ICSI-NIRC Newsletter I July 2021 42
SrNo Period RsInCrore
1 May 2021 102709
2 April 2021 141384
3 March 2021 123902
4 Feb 2021 113143
5 January 2021 119843
Conclusion
The enforcement of GST has brought in a very transparent system to the country that is also corruption-free The
beneits are far-reaching and are not only business-friendly but consumer-friendly as well This system of taxation has
placed the country well in international trade The Indian market is far more stable now than it ever was With the
application of GST India is in a much better position in the international markets which has positively affected the
economy
GSTndashAhistoricalperspective
Taxes are the prime component of development of any country The revenue from taxation is applied to inance public
goods and services such as infrastructure sanitation transportation and all other amenities which are provided by the
Government to its citizens A tax is a none penal yet compulsory transfer of resources from the private to the public
sector levied on a basis of predetermined criteria and without reference to speciied beneit received
Taxes in India used to be levied by multiple agencies such as Central Government State Governments and some local
authorities such as municipalities There are two types of taxes which are levied in India vizDirect Tax which is levied
directly to an individuals income in the form of Income Tax and Indirect Tax that is paid indirectly by the inal consumer
of goods and services
The source of powers to legislate laws in India is the Constitution of India and the authority to levy a tax is derived from
the Constitution of India which allocates the power to levy various taxes between the Centre and the States Previously
the Centre had the powers to levy tax on the manufacture of goods (except alcoholic liquor for human consumption
opium narcotics etc) while the States had the powers to levy tax on the sale of goods In the case of inter-state sale the
Centre had the power to levy a tax (CST) but the tax was collected and retained entirely by the states As for services it
was the Centre that was empowered to levy service tax
In a nutshell the previous indirect tax regime can be looked at from the point of view of Central and State laws For the
Central Government Central Excise Customs and Service Tax were the three main components For the State
Governments Value Added Tax (VAT) and CST were major taxes along with octroi entertainment tax etc which were in
many cases administered by the local bodies
VATndashThefirststeptowardsIndirectTaxReform
stIntroduction of VAT from 1 April 2005 was considered to be a major step and important breakthrough in the sphere of
indirect tax reform in India Though VAT was a successful move there were certain short-comings in the structure of
VAT This was mainly due to the form of mosaic of taxes being levied on goods and services such as luxury tax
entertainment tax etc not subsumed in the VAT thereby marginalizing the beneits comprehensive tax credit
mechanism The forms of CENVAT and State VAT were remained ineficient in fully removing the cascading effect of
taxes Such taxes added to the cost of goods and services through ldquotax on taxrdquo which the inal consumer has to bear
Variable rates under Excise Duty coupled with multiple valuation systems and various exemptions challenged the VAT
system further A business establishment having ofices in different States was required to follow the laws of the
respective states
ARTICLE
ICSI-NIRC Newsletter I July 2021 43
GOODS AND SERVICES TAX (GST)Culmination of ldquoOne Nation
One Taxrdquo ConceptCS Piyush Jain ACS
jainpiyush692gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
ChallengesofVATsystem
CENVAT was conined to the manufacturing stage and did not extend to the distribution chain beyond the factory gate
Because of this CENVAT paid on goods could not be adjusted against State VAT payable on subsequent sale of goods
This was the position for CENVAT collected on domestically produced goods and that collected as additional duty of
Customs on imported goods Whereas input tax credit of CENVAT or additional duty of custom was available to service
providers paying service tax they were unable to neutralize the State VAT or other state taxes paid on their purchase of
goods State VAT was payable on the value of goods inclusive of CENVAT and thus the VAT liability of a dealer used to get
inlated by this component without beneit of set off Inter state sale of goods attracted CST levied by the Centre and
collected by states This was an origin based tax and could not be set off against VAT in many situations VAT dealers
were unable to set off Service Tax that they had paid on their procurement of taxable input services
GSTndashthemostsigniicantindirecttaxreforminIndia
In order to address the above challenges of VAT GST was thought upon deliberated and brought in as a signiicant
improvement in the indirect tax regime at national as well as state level GST is one of the signiicant taxation reforms in
India aiming to integrate state economics and boost overall growth by creating a single uniied Indian market to make
the economy stronger
GST is consumption or destination based tax levied on goods and services at national level based on ldquoDestination
Principlerdquo It covers both goods and services and be collected on value added at each stage of the supply chain GST paid
on the procurement of goods and services can be set off against that payable on supply of goods or services GSTs prime
aim is to consolidate multiple Indirect tax levies into a single tax thus subsuming an array of tax levies overcoming the
limitations of VAT and creating eficiencies in tax administration To put it straight GST is not simply VAT plus Service
Tax but a major improvement over existing system of VAT and disjointed Service Tax ushering in the possibility of a
collective gain for industries trade and common consumers as well as for the Central and State Governments
Major Acts subsumed under GST are Excise State VAT laws Service Tax Octroi Entry tax etc
GSTndashAFlashback
In July 2000 the Government of India had set up an empowered Committee of some of the State Finance Taxation
Ministers as members with the objectives of implementation of a uniform loor rate of sale tax by States and UTs phasing
out of Sales Tax based incentive scheme to decide milestones and methods of states to switch over to VAT and to monitor
reforms in the Central Sales Tax system existing in the CountryThe Honble Union Finance Minister in the Central budget
for the year 2007-08 announced that GST would be introduced with effect from 01042010 This was based on the
recommendations of The Kelkar Task Force on indirect taxes However the deadline of April 2010 could not be met
because of the intricacies involved in the GST regime including amendment to the Constitution to give concurrent taxing
powers to the Union and State Governments
A non-Government not for proit private limited company was incorporated in the name of Goods and Services Tax
Network (GSTN) as special purpose vehicle to provide IT infrastructure and services to all the stakeholders including
Governments for implementation of GST The Constitution Amendment Bill introduced in the Lok Sabha in December
2014 was passed in May 2015 which was referred to Select Committee of Rajya Sabha The Bill was passed in August
2016 The Bill was adopted by majority of State legislatures The Bill got the assent of Honble President of India on th8 September 2016 Subsequently in April 2017 four Bills were passed by the Parliament on GST to give effect to the
stproposed system of indirect taxation The Acts came into effect from 1 July 2017
ICSI-NIRC Newsletter I July 2021 44
ARTICLE
GST-RatesandReturns
There are three types of taxes applicable under the GST regime viz CGST collected by the Central Governments on intra-
state sale SGST collected by State Governments on intra-state sale and IGST collected by the Central Government for
inter state sale GST is divided into ive different tax slabs ndash 0 5 12 18 and 28 Petroleum products alcoholic
drinks and electricity are not taxed under GST and continued to be taxed separately by the State Governments as before
In addition a Cess over and above 28 is applied on few luxury items Pre-GST tax rate for most goods was about 265
Post GST most goods fall in 18 bracket of tax rate
The Central Government in July 2017 introduced three returns for GST ie
middot GSTR-1 related to outward supply
middot GSTR-2 related to inward supply
middot GSTR-3 consolidated return including details of GSTR-1 amp 2
With a view to simplify compliances the Government scrapped GSTR-2 and 3 and introduced GSTR-3B which contains
details of inward outward supplies As a result presently only 2 returns viz GSTR-1 and GSTR-3B are iled The returns th th
are to be iled on 10 20 of the following month of GST liability
Regular taxpayers with an annual turnover of upto Rs5 crore are given an option to either pay tax and ile both GSTR-1
and GSTR-3B returns on quarterly basis or to avail an Invoice Furnishing Facility (IFF) under QRMP Scheme ie ile
GSTR-3B on quarterly basis and pay tax and ile IFF every month Taxpayers with an annual turnover of more than Rs 5
crore have to mandatorily ile both returns and pay tax on monthly basis
Further every GST registered taxable person whose turnover during a inancial year exceeds Rs 2 crore has to ile GSTR-st9 till 31 December of the next Financial Year
E-invoicingunderGST
GST was a new concept to the citizens and even to the Government itself The idea behind the introduction of GST
became successful in subsuming various indirect taxes and ease of compliance burden but it also opened gates for new
kinds of frauds by inding loopholes in the system and misusing the opportunities extended by the Government to its
citizens for their economic prosperity Tax leakage and frauds using fake invoices became a taxing problem for the
Government to counter The concept of E-invoicing was introduced in 2020to put an end to such malpractices by
mandating authorisation of every invoice from the Government portal
Under E-invoicing all B2B and Export invoices need to be generated through the Government system ie the Invoice
Registration Portal (IRP) After uploading invoice on IRP an E-invoice is generated which containsa unique Invoice
Reference Number (IRN) and a digitally signed QR code Once an IRN is generated and invoice has been authenticated its
details are made available on the GST portal and EWB portal in real-time The E-invoice can be cancelled within 24 hrs of
generation
E-invoicing was initially applicable tothose businesses exceeding turnover of Rs 500 crore which wasscaled down to
Rs 100 crore within two months Presently from April 2021 it is mandatory for every business with a turnover of more
than Rs50 crores
Its implementation has beneited the Government in plugging the tax leakage It also bridges the gaps in reconciliation
of mismatch invoices faster availability of genuine Input Tax Credit and lesser possibility of intervention by tax
authorities
ICSI-NIRC Newsletter I July 2021 45
ARTICLE
ReverseChargeMechanism
Reverse charge means the liability to pay tax is on the recipient of goods or services instead of the supplier of such goods
or services in respect of notiied categories of supply of goods of services Normally the supplier of goods or services
pays the tax on supply In the case of reverse charge the receiver becomes liable to pay tax ie the chargeability gets
reversed The person who is receiving goods or services pays GST to the Government on behalf of the person who
provides such goods or services and in turn can claim Input Tax Credit if the goods or services received are not in
negative list
ElectronicWayBill
For intra-state interstate movement of goods e-way bill system has been introduced E-way bill is required to be
generated before the commencement of movement of goods only where the value of the consignment exceeds
Rs50000 The time period for the recipient to communicate his acceptance or rejection of the consignment would be
the validity period of the concerned e-way bill or 72 hours whichever is earlier E-way bill is valid for one day up to 100
km and additional one day for every 100 km or part thereafter Form GST EWB ndash 01 is an e-way bill form It contains ldquoPart
Ardquo ie details of goods and ldquoPart Brdquo ie details of vehicle Movement of goods from the place of consigner to the place of
transporter up to a distance of 50 km does not require illing of Part B of the e-way bill The Supplier has to generate Part
A of the e-way bill Implementation of the nation wide E-Way Bill mechanism under GST regime is being done by GSTN in
association with NIC on the portal viz hpsewaybillgstgovin
GSTndashaWorkinProgress
GST one of the steps towards digitisation proved to be a revolutionary tax system for India It has boosted the economy
of the Country by eliminating the drawbacks of the VAT System automation system of tax calculation and enabling
online payment of tax and iling returns which has resulted in the growth of the revenue collection of the Government
Transporting goods from one state to another has become a smoother affair with GST replacing a messy basket of
Central Municipal and State levies Though 4 years have passed since the introduction of the GST regime hiccups and
bottlenecks continue to crop up This could be narrowed down by simplifying rules and procedures GST still being a
work-in progress needs to go a long way to achieve the objective of ldquoOne Nation One Taxrdquo concept
RecognitionofCompanySecretaryunderGoodsandServiceTax
Company Secretaries as competent professionals in the area of Indirect Taxes can get hold of plethora of opportunities
under the Goods and Services Tax Company Secretaries could act as a crucial link to bridge the knowledge gap leading
to fair and voluntary compliance of law and rightful discharge of tax liability by assesses As the gamut of Indirect Tax
expands an ocean of opportunities are being unfolded in front of us The Act itself in Section 48 reads with Rule 83 of the
Central Goods and Services Tax Rules 2017 provides that any person who has passed the Final Examination of the
Institute of Company Secretaries of India (ICSI) is eligible for enrolment as a Goods amp Services Tax Practitioner Such a
person can apply in Form GST PCT-01 on the common portal either directly or through a Facilitation Centre notiied by
the Commissioner for enrolment for registration Further Under Section 116 of Central Goods amp Services Tax Act 2017
read with Rule 84 of the said Rules a Company Secretary is entitled to appear before an oficer appointed under this Act
or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act Apart from this
Company Secretories a responsible oficer in most of the companies get entrusted with responsibilities under GST
ambit and paves the way for strategic thinking for the business development They are well connected with all the
segments right from strategy marketing compliances administration and so on This diversiication of areas of
responsibility will open up more opportunities of career growth for Company Secretaries even to reach at the top
management level
ICSI-NIRC Newsletter I July 2021 46
Goods and Service Tax is an Indirect Tax which has replaced many indirect taxes in India such as the Excise Duty Vat th st
Services Tax etc The Goods and Service Tax was passed in the Parliament on 29 March 2017 and came into effect on 1
July 2017Goods and Service Tax is levied on the supply of Goods and services Goods and Services Tax Law in India is a
comprehensive multi-stage destination-based tax that is levied on everyvaluableadditionGST is a single domestic
indirect tax law for the entire nation The structure of indirect levy in India before the arrival of GST was
ARTICLE
ICSI-NIRC Newsletter I July 2021 47
GOODS AND SERVICES TAX (GST)what is gst in india
CS Ashvini Mohan Dhuri ACS
ashwinidhuri10gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
Under the GST Regime the tax is levied at every point of sale In the case of intra-state sales central GST and State GST are
charged All the inter-state sales are chargeable to the Integrated GST
AMulti-Stage
middot An item goes through multiple change of hands along its supply chain starting from Manufacture until the Final
sale to the customer like the following
- Purchase of raw materials
- Production or manufacture
- Warehousing of inished goods
- Selling to wholesalers
- Sale of the product to the retailers
- Selling to the end consumers
- The Goods and Services Tax is levied on each of these stages making it a Multi- Stage Tax
ARTICLE
BValueAddition(VA)
ICSI-NIRC Newsletter I July 2021 48
bull A manufacturer who makes biscuits buys lour sugar and other material The value of the inputs increases
when the sugar and lour are mixed and baked into biscuits
bull The manufacturer then sells these biscuits to the warehousing agent who packs large quantities of biscuits in
cartons and labels it This is another addition of value to the biscuits After this the warehousing agent sells it to
the retailer
bull The retailer packages the biscuits in smaller quantities and invests in the marketing of the biscuits thus
increasing its value GST is levied on these value additions ie The monetary value added at each stage to
achieve the inal sale to the end customer
CDestination-Based
Consider goods manufactured in Maharashtra and sold to the inal consumer in Karnataka Since the goods and Service
Tax is levied at the point of consumption the entire tax revenue will go to Karnataka and not Maharashtra
JourneyofGSTinIndia
The GST journey began in the year 2000 when a committee was set up to draft law It took 17 long years from then for the
law to come into existence In 2017 the GST Bill was passed in the Lok Sabha and Rajya Sabha On 1stJuly 2017 the GST
Law came into force
AdvancesofGST
bull Removal of Cascading effect
bull Higher Threshold for GST registration
bull Composition scheme for all small businesses
bull Simpler online facilities for GST compliance
bull Relatively lesser compliances under GST
bull Deined treatment for E-Commerce activities
bull Increased eficiency in logistics
bull Regulating the unorganized sectors
ComponentsofGST
bull CGST CGST is a tax levied on Intra State supplies of both goods and services by the Central Government and will be
governed by the CGST Act
bull SGST SGST is a tax levied on Intra State supplies of both goods and services by the State Government and will be
governed by the SGST Act
bull IGST IGST is a tax levied on all Inter-State supplies of goods andor services and will be governed by the IGST
ARTICLE
Illustration
Let us assume that a dealer in Gujarat had sold the goods to a dealer in Punjab worth Rs 50000 The tax rate is 18
comprising of only IGST Here the dealer has to charge IGST of Rs 9000 This revenue shall go to the Central Government
The same dealer of Gujarat sells goods to a consumer in Gujarat worth Rs 50000The GST rate on goods is 12 This rate
comprises CGST at 6 and SGST at 6The dealer has to collect Rs6000 as Goods and Service Tax Rs 3000 will go to the
Central Government and Rs3000 will go to the Gujarat Government since the sale is within the State
TaxLawsbeforeGST
In the earlier indirect tax regime there were many indirect taxes levied by both the state and the centre States mainly
collected taxes in the form of Value Added Tax (VAT) Every state had a different set of rules and regulations Inter-state
sale of goods was taxed by the centre CST (Central State Tax) was applicable in case of inter-state sale of goods The
indirect taxes such as the entertainment tax octroi and local tax were levied together by state and centre These led to a
lot of overlapping of taxes levied by both the state and the centre For example when goods were manufactured and sold
excise duty was charged by the centre Over and above the excise duty VAT was also charged by the state It led to a tax on
tax effect also known as the cascading effect of taxes The following is the list of indirect taxes in the pre-GST regime
middot Central Excise Duty
middot Duties of Excise
middot Additional Duties of Excise
middot Additional Duties of Customs
middot Special Additional Duty of Customs
middot Cess
middot State VAT
middot Central Sales Tax
middot Purchase Tax
middot Luxury Tax
middot Entertainment Tax
middot Entry Tax
middot Taxes on advertisements
middot Taxes on lotteries betting and gambling
CGST SGST and IGST have replaced all the above taxes
ICSI-NIRC Newsletter I July 2021 49
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST+ SGST VAT + Central
Excise Service Tax
Revenue to be shared equally between Centre and the
State
Sale to another State IGST Central Sales Tax +
excise Service Tax
There will be only one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
ARTICLE
HowhasGSThelpedinPriceReduction
During the pre-GST regime every purchaser including the inal consumer paid tax on tax This condition of tax on tax is
known as the cascading effect of taxesGST has removed the cascading effect Tax is calculated only on the value-addition
at each stage of the transfer of ownership The indirect tax system under GST will integrate the country with a uniform
tax rate It will improve the collection of taxes as well as boost the development of the Indian economy by removing the
indirect tax barriers between states
Illustration
Based on the above example of the biscuit manufacturer lets take some actual igures to see what happens to the cost of
goods and the taxes by comparing the earlier GST regimes
Taxcalculationsinearlierregime
ICSI-NIRC Newsletter I July 2021 50
Action Cost(Rs) Taxrateat10(Rs) InvoiceTotal(Rs)
Manufacturer 1000 100 1100
Warehouse adds a label and
repacks at Rs300
1400 140 1540
Retailer advertises at Rs 500 2040 204 2244
Total 1800 444 2244
The tax liability was passed on at every stage of the transaction and the inal liability comes to a rest with the customer
This condition is known as the cascading effect of taxes and the value of the item keeps increasing every time this
happens
Taxcalculationsincurrentregime
Action Cost(Rs) Taxrateat10(Rs)
Taxliabilitytobedeposited(Rs)
InvoiceTotal(Rs)
Manufacturer 1000 100 100 1100
Warehouse adds a label and
repacks at Rs300
1300 130 30 1430
Retailer advertises at Rs 500 1800 180 50 1980
Total 1800 180 1980
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
ARTICLE
WhataretheNewCompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
1E-WayBills
GST introduced a centralized system of waybills by the introduction of ldquoE-way billsrdquo This system was launched on 1st
April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of goods in a staggered
manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods transported
from the place of its origin to its destination on a common portal with ease Tax authorities are also beneited as this
system has reduced time at check -posts and helps reduce tax evasion
2E-invoicing
The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual aggregate turnover of
more than Rs500 crores in any preceding inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100 crores These businesses must obtain a
unique invoice reference number for every business-to-business invoice by uploading on the GSTNs invoice
registration portal The portal veriies the correctness and genuineness of the invoice Thereafter it authorizes using the
digital signature along with a QR code E-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to the GST portal and the e-way bill portal It
will therefore eliminate the requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way
bills too
3ChangeinRegistrationLimit
Increase in GST registration limit from Rs 20 lakhs up to Rs 40 lakhs for suppliers of goods Changes in the existing
composition scheme made by increasing the turnover limit to join the scheme up to Rs 15 crores tax payments to be
made quarterly and returns to be iled annually starting 1st April 2019
4Variousotheramendments
43rd GST Council meeting will take place on 28th May 2021 (Friday) at 11 AM via video conferencing and will be
chaired by Union FM Nirmala Sitharaman
middot Section 16 amended to allow taxpayers claim of input tax credit based on GSTR-2A and 2B Henceforth ITC on
invoices and debit notes may be availed only when the details of such invoice or debit note have been furnished
by the supplier in the statement of outward supplies and such details have been communicated to the recipient
of such invoice or debit note
middot Section 50 of the CGST Act is being amended to provide for a retrospective charge of interest on net cash liability
with effect from 1st July 2017
middot With respect to orders received on detention and seizure of goods and conveyance 25 of penalty needs to be
paid for making an application for appeals under section 107 of the CGST Act Date of applicability is yet to be
notiied
ICSI-NIRC Newsletter I July 2021 51
ARTICLE
middot GST audit requirement by speciic professionals such as CAs and CMAs has been removed from the GST law
Section 35 and 44 has been amended in this regard As per the amendment only GSTR-9 annual returns on a self-
certiication basis need to be iled on the GST portal by taxpayers completely removing the requirement for
GSTR-9C ie the reconciliation statement However the inancial year and date of applicability are yet to be
clariied by the government
middot Section 7 of the CGST Act was amended to include a new clause under the deinition of supply Activities or
transactions involving the supply of goods or services by any person other than an individual to its members or
constituents or vice-versa for cash deferred payment or other valuable consideration falls under supply and
will be liable to tax Earlier this supply would have been considered as only supply of goods under schedule II So
the scope is expanded now for levy
middot Seizure and coniscation of goods and conveyances in transit are now made a separate proceeding from the
recovery of tax from Section 74
middot Self-assessed tax referred to under section 75 of the CGST Act shall also cover the outward suppliessales as
reported in the GSTR-1 under Section 37 of the CGST Act but which has been missed out while reporting in the
GSTR-3B under Section 39
middot The provisional attachment shall remain valid for the entire period starting from the initiation of any proceeding
till the expiry of a period of one year from the date of order made there under
middot Section 129 is delinked from Section 130 Accordingly proceedings relating to detention seizure and release of
goods and conveyances in transit will be separate from the levy of penalty for the coniscation of goods and
conveyance
middot The Jurisdictional Commissioner can now call for information from any person relating to any matter dealt with
in connection with the Act under Section 151 together with section 168 Further section 152 is amended to
provide an opportunity of being heard before using information obtained under Sections 150 or 151 of the Act
middot The IGST Act was also amended in Section 16 that deines a zero-rated supply Three amendments were made ndash
(1) To state that supply to SEZ units developers will be zero-rated only if it is authorized operations (2) Only
notiied persons or supplies of goodsservices can avail the status of zero-rated when IGST is paid (3) Foreign
exchange remittance will be linked in case of export of goods with the refund
ICSI-NIRC Newsletter I July 2021 52
ThePerspectivest thOn 1 July 2021 our beloved and most controversial Goods and Service tax Act will be celebrating its 4 Birthday The 3
Major Motive for introducing GST were One nation One Tax Ease of compliances and Seamless Flow of credit to
eliminate the cascading effect of the Taxes In these 4 years GST has undergone more than 900 amendments through
Notiications Circulars and Press Release There has been Chronic Tinkering and twisting of the provisions and as a
result of that the provisions which are currently in force are completely different from the one which were introduced in
the beginning
WhatisGST
Goods and Services Tax is levied on the manufacturing and sales of goods and services across the country The tax is
charged at every stage of the manufacturing process GST is applicable for both the customer and the manufacturer It is a
destination-based tax This means that GST is to be collected at the point of consumption So if a product is
manufactured in Bihar and is sold in Bhopal the tax will be levied in Bhopal Moreover at every stage of the
manufacturing process where value is added to the product GST is collected
Introduced as one of the biggest economic reforms by the BJP-led Modi government the GST kicked off with the promise
to streamline taxation and compliance burden Experts also claimed that in many ways it has streamlined the process
ldquoBased on the one nation one tax ideology GST has helped in reducing the cascading effect of tax considerably Also
multiplicity of compliances under various indirect taxes has been reduced Hence introduction of GST in India has
brought in eficiencies in indirect tax compliance incidence and reduced the number of indirect tax authorities that a
taxpayer needed to interact with
EffectofGSTontheIndianeconomy
In a few months Goods and Services Tax law in India will celebrate its fourth birthday This could be a good time to raise
the question whether GST has been a success in India Responses to this question normally swing between two extremes
- the government and the tax department would say that GST has been an unqualiied success while the taxpayer who
has struggled to cope with the rapid changes in the law would say that GST has been a disaster As is normally the case
with such extremities the truth lies in the middle GST has its good points and its poor points with the latter winning
over the former Had the implementation been more smooth the poor points would have been overshadowed by the
good parts of GST
The introduction of GST has helped merge the taxes of the state and central governments This has helped remove the
cascading effect of multiple taxes Therefore the burden of taxes has reduced for companies and customers Not just this
taxpayers have increased in number and hence the tax revenues have also increased signiicantly Over the last year or
so two developments in GST should be considered to be huge positives
ARTICLE
ICSI-NIRC Newsletter I July 2021 53
GST ndash Impact Issuesand Suggestions
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS (Dr) S K Gupta FCS
cbstskguptagmailcom
ARTICLE
The concept of e-invoicing has been introduced in stages ndash this is a step that would ensure greater transparency in
supplier-receiver transactions which results in proper availment and utilization of input tax credit Simultaneously the
government appears to have announced a war to ight the menace of fake invoicing which was taking away a substantial
portion of GST revenues
The implementation of GST has signiicantly affected the Indian economy in the following ways
middot SimpliicationofthetaxstructureGST has simpliied the taxation system of the country As GST is a single tax
calculating taxes at the multiple stages of the supply chain has become easier Through this both customers and
manufacturers get a clear idea of the amount of tax they are charged and its basis Further hassles of handling tax
oficials and authorities can also be avoided
middot FosteringproductionAs per the Indian retail industry the total tax component is around 30 of the product
cost Due to the impact of GST the taxes have gone down So the end consumer has to pay lesser taxes The
reduced burden of taxes has enhanced the production and growth of the retail and other industries
middot SMEsupport Small and medium enterprises can now register under the Composition Scheme introduced by
GST Through this scheme they pay taxes according to their annual turnover Therefore businesses having an
annual turnover of Rs 15 crores only have to pay 1 GST Moreover other enterprises having a turnover of Rs
50 lakh are required to pay 6 as GST
middot EnhancedpanIndiaoperations Companies can now avoid taxation roadblocks such as toll plazas and check
posts Earlier these created problems including damage to unpreserved products while transporting them So
manufacturers had to keep buffer stock to make up for the damages These overhead costs of storing and
warehousing hampered their proit A single taxation system has reduced these problems They can now
transport their goods easily across India This has resulted in the improvement of their pan India operations
middot Increaseinexports GST has reduced the customs duty on exporting goods The cost of production in the local
markets has also decreased due to GST All these factors have increased the rate of exports in the country
Companies have become more competitive when it comes to expanding their businesses globally
middot Thegoods and services tax (GST)has ensured formalizationof the economy and improved mop-up
delivering seamless convergence under the one-nation one tax theme said industry champions unanimously
calling it an enabler of ease of doing business With uniformity of rates and elimination of multiple other indirect
taxes GST has cut out the cascading of levies widened the tax net and added to revenues
IssuesunderGST
middot Dificulty in claiming input tax credit and ever changing rules make compliance a cumbersome businessldquoInput
Tax Credit (ITC) is an area which has certain limitations that need to be addressed The GST regime sought to
have a seamless low of ITC however conditions for availing ITC being stringent many taxpayers lost out on ITC
middot Taxpayers are also complaining about the imposing an arbitrary monetary limit on availing input tax credit
through Rule 36(4) and mandating that a certain percentage of GST has to be paid in cash
middot The nationwide lockdown has intensiied the problem of revenue shortfall for states with the Centre not paying
up the dues on time Also with coffers drying up and with social and health spending going up states are growing
disenchanted with the system
middot The meetings of the GST Council are not as frequent as they were earlier if the recent incidents are anything to go
by and it often end up with disagreement ight and strong letters and statements
ICSI-NIRC Newsletter I July 2021 54
ARTICLE
middot The core theme of the one nation one tax slogan seems to be diluted with the introduction of state-level cesses
for example Kerala Flood cess at the rate of up to 1
middot Challenges for the exporters for smooth processing of GST refunds have been an area of concern while the
government has taken several initiatives for speedy processing of refunds the beneit is taking time to percolate
to corporates effectively
middot With the advent of GST various petitions seeking release of detained goods and hardships faced due to technical
glitches have been iled Moreover the constitutional validity of some of the GST provisions have been contested
before the courts It cannot be denied that AAR authorities have helped to clarify several controversial issues
However contradictory rulings on identical matters should be addressed soon
middot The announcement that a GST reconciliation statement need not be certiied by an auditor could have probably
waited for a couple of years more since the department would need some authentic database on what
components of the revenue statement would attract GST ndash a task best left to the auditor of the entity
middot We all know that in GST there will be the lot of litigations coming in near future and we all know the reason In
this 4 years GST has become more prone to litigation Even for simple revocation of cancellation of registration
after the prescribed days the taxpayer has to ile the appeal So we can presume the litigations that are going to
happen in near future
SuggestionsforimprovingeffectivenessofGST
middot There is an invariable need to put a halt on the changes in tax rates and decide the rate structure that is static for a
few years Adding on to that increasing the tax rates is not an ideal solution for grabbing more revenue especially
in the era of an economic slowdown In short there is a need for a simpliied tax structure of only three tax slabs
Either we need to merge 12 amp 18 or 5 amp 12 slabs into one
middot Some goods amp services like electricity real estate and petroleum are out of GST structure As they are out of GST
bracket the input tax credit beneits cannot be utilized by the segments involved in the process and so it is a loss
for them In addition these sectors are out of the indirect tax system at the mercy of state government Some
sectors such as oil and gas are demanding to be included in the GST Even experts suggest that the right way to
implement GST is to put all the sectors under the bracket of GST but it would take some time to implement the
required tweaks to the system
middot Exempt supplies must not form part of ldquoaggregate turnover‟ to determine threshold limit for taking registration
in GST It must be excluded from the Aggregate Turnover The threshold limit of 20 Lakhs more will be signiicant
for SMEMSME sector This will enable a small taxpayer having majorly exempt supplies with only a small
portion of taxable supplies to remain out of the net of GST
middot The current composition scheme is applicable only for manufacturers traders and restaurant service providers
In the GST amendments it has been proposed by the GST Council to enable registered manufacturers and
traders to opt for composition scheme us 10(1) of the CGST Act even if they supply services of value not
exceeding 10 of the turnover in the preceding FY in a StateUnion territory or Rs 5 lakhs whichever is higher
The beneit of composition scheme must be extended to other service providers by providing certain percentage
or ceiling for inter-state outward supplies of goods for the beneit of SMEMSME sector in true sense Presently
a person opting for composition scheme is not allowed to make any inter-state outward supply of goods which is
creating a bottle neck for small sector
ICSI-NIRC Newsletter I July 2021 55
ARTICLE
middot A suitable clariication is required with regard to the deinition of ldquoagent‟ under Section 2(5) (vii) of Section 24
of CGST Actas it covers only those persons who supply taxable goods on behalf of any other person ie
consignment agents Clarity on Compulsory Registration for ldquoagentsrdquo is only conined to consignment agents
Controversy whether the commission agents or brokers who merely facilitate a transaction between two parties
like procuring orders etc are also debarred from the beneit of threshold limits of registration ie Rs 20 Lac
middot As part of ICT the government should promote the usage of Point of Sales (PoS) machines which are closely
integrated with the Inventory Invoicing and GST Returns iling This will ease the reporting compliance as the
small traders are inding it dificult for tracking and maintaining inventory based on HSN codes Subsidy may be
given for procurement of such PoS machines so that it will increase the return iling ratio and also minimize the
digital transactions which has increased during the demonetization period but the same started falling and
reaching lower levels than the pre-demonetization period
middot IGST credit to be restricted only on import of raw materials - Manufacturers of India must be incentivized in
comparison to their position with traders of imported inished goods IGST credit on imports should be
restricted only to the manufacturer of imported raw materials Import of Finished goods must not be allowed
par beneit of credit of IGST to the trader of imported inished goods This will make the position of
manufacturers wiser and encouraging as compared to importers This will boost Make in India and promote
domestic manufacturers
middot Taking into consideration the rigorous procedure involved in Advance Ruling provisions iling of application on
behalf of association representing its members in a State may be permitted This will beneit small taxpayers not
being able to adopt this route for seeking certainty of their GST issues Such application can be accompanied
with list of all the members with their GSTIN on whom such ruling shall be applicable
middot If the MSME taxpayers pays the taxes promptly and also iles the returns in time there should be a certain
percentage of the amount of tax paid should be rewarded back This will prompt the taxpayers to be honest and
take the incentive This amount should be declared or given after the audit assessment so that undue beneit
will not be passed on the taxpayers Also region wise such taxpayers should be honored this will also motivate
others to pay taxes upfront
Conclusion
This is the third consecutive year India has made waves on the Doing Business ranking India improved on six of ten
parameters set by the World Bank as against eight last year becoming among top ten improvers for the second time in a
row This year alone India has moved up by a phenomenal 14 spots on the Doing Business Index a feat achieved by most
countries over a 20 year period Finance Minister Nirmala Sitharaman has spoken of the Governments keen interest in
improving rankings and keeping that goal in mind they are prepared to implement all sorts of reforms - especially under
GST and GST Compliance
ICSI-NIRC Newsletter I July 2021 56
stOn 1 July 2021 our beloved Goods and Service tax Act will be celebrating its 4th Birthday GST was introduced for 3
major purposes as One nation One tax ease of compliances and seamless low of credits to remove the cascading effects
of the taxes However in the last 4 years GST is reshaping itself by more than 900 amendments through Notiications
Circulars and Press release accordingly we can say it is changing day by day In this article author has discussed the topic
of ldquoE-way Bill under Goods and Services Tax (GST)rdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 57
E-way Bill under Goodsand Services Tax (GST)
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Sandeep Singh Chauhan ACS
sandy673711gmailcom
WhatisE-wayBill
E-way bill is an electronic permit or electronic generated document for movement of goods from one place to another
place which is to be generated on the E-way bill portal ie on wwwewaybillgstgovin
Earlier before the introduction of GST there was no concept of electronic way bill However the need to have check and
balances in the present has been felt necessary to discourage the parallel economy Introduction of E-way Bill in India
has been effected for inter-State movement of goods across the country from 1st April 2018 and on notiied dates by
respective State Government for intra state movements
WhenshouldE-wayBillbegenerated
If the value of goods of consignment is more than Rs 50000- except for certain speciied goods meant for Job work
goods meant for export with Customs seal from factory to Port airport ICD imported goods goods sent on approval
basis exhibition or fairs purposes removal for testing removal from factory to weighbridge for weighment of goods
and back to factory up to 20 kms inward supply from unregistered person SKD CKD Sales return For own use and
exempted goods
ARTICLE
ICSI-NIRC Newsletter I July 2021 58
Accordingly E-way Bill shall mandatorily generated on the common portal for all types of movements if the value of
goods exceeds more than Rs 50000- however E-way Bill needs to be generated mandatory even if the value of
consignment of goods is less than Rs 50000 where ndash
1 Movement of goods in inter-state by principal to the Job-worker
2 Handicraft goods are transported from one State or Union territory to another State or Union territory by a
person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of
section 24 of the CGST Act
Here the term Consignment Value means value determined as per section 15 of the CGST Act as mentioned on the
invoice bill of supply or delivery challan as the case may be including the applicable tax thereon However such
consignment value shall exclude the value of exempted supply where the invoice is issued in respect of both exempt and
taxable supply of goods (ldquoNotiicationNo122018rdquo)
WhoshouldgenerateE-wayBill
The primary responsibility to generate E-way Bill shall be of the registered person who causes the movement of goods
ie the consignor or the consignee as the case may be However if such consignor or consignee doesnt generate the
EWB it may be generated by transporter as well if authorized by the registered person In case of supply of goods by an
unregistered person to registered person the liability to generate EWB is on the recipient
As per revised Rule 138 (2) under Notiication No 122018 it has been provided that E-way Bill shall be required to be
generated in case the goods are transported by consignor or consignee in his own vehicle or in a hired one or a public
conveyance by road In such case the registered person causing the movement of goods may raise the EWB after
furnishing the vehicle no in Part B of FORM GST EWB ndash 01 if the value of goods being transported is more than
Rs50000-
Railway has been exempted from generation and carrying of e-way bill with the condition that without the production of
e-way bill railways will not deliver the goods to the recipient But railways are required to carry invoice or delivery
challan etc
ARTICLE
ICSI-NIRC Newsletter I July 2021 59
WhenE-wayBillisnotrequiredtobegenerated
In the following cases E-way Bill is not required to be generated
(i) The goods being transported are speciied in Annexure under Rule 138(14) of the Central Goods and Services Tax
Rules2017
(ii) The goods are being transported by a non-motorized conveyance
(iii) The goods are being transported from the port airport air cargo complex and land Customs Station to Inland
Container Depot or Container Freight Station ( for clearance by Customs)
(iv) The movement of goods within areas notiied under clause (d) of sub-rule (14) of the Goods and Services Tax Rules
of the Concerned State
(v) Goods ( other than de-oiled Cake) speciied in the Schedule appended to Notiication No22017-CT(Rate) dated
the 28th June2017 ie goods exempted from GST
(vi) Alcoholic liquor for human consumption petroleum crude high speed diesel motor spirit (commonly known as
petrol) natural gas or aviation turbine fuel
(vii) Goods which have been declared as no supply in Schedule III of CGST Act2017
(viii) Where the goods are being transported under Customs bond from an inland container depot or a container freight
station to a Customs port airport air cargo complex and land Customs station or from one Customs station or Customs
port to another Customs station or Customs port or under Customs supervision or under Customs seal
(ix) Where the goods being transported are transit cargo from or to Nepal or Bhutan
(x) Where the goods being transported are exempt from tax under Notiication No 72017-CT(Rate) dated 28th
June2017 as amended from time to time and Notiication No 262017-CT(Rate) dated the 21st September2017 as
amended from time to time
(xi) Any movement of goods caused by defence formation under Ministry of defence as a consignor or consignee
(xii) Where the consignor of goods is the Central Government Government of any State or a local authority for transport
of goods by rail
(xiii) Where empty cargo containers are being transported and
(xiv) Where the goods are being transported upto a distance of twenty kilometers from the place of business of the
consignor to a weighbridge for weighment or from the weighbridge back to the place of business of the said consignor
subject to condition that the movement of goods is accompanied by a delivery challan issued in accordance with Rule 55
BlockingandUnblockingofE-wayBill
middot E-way bill generation is blocked for taxpayers who have not iled their returns for the previous two consecutive
monthsquarters
middot Thus if a taxpayer has not iled GSTR-3B for two or more consecutive months then heshe cannot generate e-
way bills to do dispatches and receive goods resulting in a standstill
middot Only when a taxpayer iles GSTR-3B the e-way bills will get unblocked on the next day
middot The system of e-way bill clocking was implemented from the 2nd of December 2019
ARTICLE
ICSI-NIRC Newsletter I July 2021 60
Forexample if a taxpayer has not iled his GSTR-3B for April 2021 and May 2021 then his GSTIN will get blocked in the
e-way bill portal from June The main intention of the government is to track down the non-ilers of GST returns and
make them compliant
WhatifE-wayisnotgenerated
If the suppliers or transporters are not generating the e-way bills the same will be considered as contravention of
statutory provisions of GST law
As per Section 122 (xiv) of the CGST Act 2019 a taxable person who transports any taxable goods without the cover of
speciied documents E-way bill shall be liable to pay a penalty of Rs 10000- or an amount equivalent to the tax
evaded
As per section 129 of CGST Act2017 where any person transports any goods or stores any goods while they are in
transit in contravention of the provisions of this Act or the rules made thereunder all such goods and conveyance used as
a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to
detention or seizure to recover applicable tax and penalty from the person transporting goods and the owner of the
goods
SomeoftheimportantjudicialpronouncementonE-wayBill
SNo CaseName IssueampSummary
1 Ms KB Enterprises Vs Asst
Commissioner State Taxes amp
Excise-2019(12) TMI 1089-
GSTAA-HP
Section 129 proceeding cannot be initiated for Minor mistake(s) in e-
way bill- The minor mistakes in Part-B of the e-way bill (error in one or
two digitscharacters of the vehicle number) will not invite detention
order and only penalty of Rs 1000- (CGST- Rs 500- amp SGST-Rs 500-)
will become due to payable
2 Godrej Consumer Products Ltd
Vs ACSTampE-Cum- GIBHP
G o d re j C o n s u m e r 1 1 - 0 2 -
2020HC-67
Typographic error in entering distance in E-way bill is minor
mistake-Due to a typographic error while generating E-way bill the
petitioner mentioned approx distance between Puducherry to Himachal
Pradesh as 20 Kilometers instead of 2000 Kilometers As a result a
validity of one day has been calculated by the E-way bill portal instead of
twenty days and the E-way bill subsequently got expired on the very next
day The consignment was intercepted on dated 15th Sep 2018 and
thereby a taxpenalty has been imposed under section 129 of
HPGSTCGST Act 2019 for contravention of Rule 138 However it was
held by the Honble HC that typographic error may be treated as a minor
one and in such case if the demand and penalty have been levied by the
proper oficer us 129 the same need to be refunded to the supplier
ARTICLE
ICSI-NIRC Newsletter I July 2021 61
3 Hindon Machinery Tools Vs
State of UP- 2019 (22) GSTL 4
(All)
ReleaseoftheseizedgoodsforwritingwrongTaxInvoiceNoonE-
way Bill- Incorrectly mentioning the number of tax invoices as tax
invoice number on E-way Bill- Prima facie there seems no discrepancy in
E-way Bill attracting seizure of goods Goods directed to be released
without insisting for a deposit of any amount and furnishing security as
GST already paid on goods
4 Daily Fresh Fruits India Private
Limited v Commissioner SGST
2020-VIL-115- KER
Detentionofgoodsonthegroundofwrongclassiicationofgoods-
The High Court quashed detention order on the ground that this was a
bona-ide case of dispute in the classiication of goods and directed
release of goods
5 Commercial Steel Company v
Assistant Commissioner of State
Tax 2020-VIL- 116-TEL
Goodscannotbedetainedjustbecausedriverhastakenadifferent
route-The High Court observed that vehicle was found at another place
does not automatically lead to any presumption that there was an
intention of evasion of tax
6 Kun Motor Co Pvt Ltd Versus
Assistant State Tax Oficer
Kerala State GST Department
Thiruvananthapuram- 2019
(21) GSTL 3 (Ker)
Incidence of Tax is on Supply andnot onnature of transport-A
person from Trivandrum goes to Pondicherry purchases a car and
entrusts it to the car dealer to transport it to Trivandrum On the way in
Kerala the oficials under the GST Act intercept the vehicle and detain
the goods for no e-way bill accompanies the consignment The High
Court held that detention of car was illegal
The 43rd GST council meeting was held on 28th May 2021 The GST Council has met after more than six months The
meetings were chaired by Finance Minister Smt Nirmala Sitharaman Union Minister of State for Finance and Corporate
Affairs Shri Anurag Thakur was also present at the meeting besides the Finance Ministers of the states and union
territories (UTs) and other senior oficers of both the Ministry of Finance and the States and UTs
rdImportantMeasurestakeninGSTinthe43 CouncilMeetingforfacilitationreliefto
taxpayers
1AnnualReturnrelatedmeasures
middot Amendment in section 35 and 44 of CGST Act 2017 has been made through Finance Act 2021 to provide for self-
certiication of reconciliation statement in FORM GSTR-9C instead of previous requirement of certiication of
such statement by a Chartered Accountant Cost Accountant The said amendment would be notiiedwith
effectfrom01082021
middot This amendment will be applicable for the Annual return for the FY2020-21
middot The formatof GSTR-9 and GSTR-9C forms for FY 2020-21 would be same as for FY 2019-20 except for some
minimal changes to give effect to the said amendment
middot Requirement of furnishing annual return in FORMGSTR-99A for FY 2020-21 has been continued to be
optional for the taxpayers with annual turnover uptoRs2crores
middot Requirement of furnishing reconciliation statement in FORMGSTR-9Cfor FY 2020-21 will also continue to be
waived for the taxpayers with annual turnover uptoRs5crores
2AmnestySchemetoproviderelieftotaxpayersregardinglatefeeforpendingreturns
middot To provide relief to the taxpayers especially smaller taxpayers from high amount of late fee on pending returns
a latefeeamnestyscheme has been brought out in respect of pending returns in FORMGSTR-3B for the tax
periods from July2017toApril2021
middot Latefeehasbeenreduced waived conditionally in respect of such pending returns in FORMGSTR3B for the
tax periods from July2017toApril2021as under -
a Late fee capped to a maximum of Rs500-(Rs 250- each for CGST amp SGST) per return for taxpayers who did
nothaveanytaxliabilityfor the said tax periods
b Late fee capped to a maximum of Rs1000-(Rs 500- each for CGST amp SGST) per return for other taxpayers
c The reduced rate of late fee would be conditional and apply only if GSTR-3B returns for these tax periods are
furnished during the period between01062021to31082021
ARTICLE
ICSI-NIRC Newsletter I July 2021 62
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
Goods andServices Tax
ARTICLE
ICSI-NIRC Newsletter I July 2021 63
3Rationalizationoflatefeeimposedundersection47oftheCGSTAct
Late fee structure under section 47 has been rationalized for prospective tax periods to give relief to smaller taxpayers
from burden of higher late fee by linking the maximum late fee with tax liability turnover of the taxpayer
middot The late fee for delay in furnishing of FORMGSTR-3BandFORMGSTR1 has been capped as below for tax
periods June 2021 QE June 2021 onward
middot Fortaxpayershavingniltaxliability in GSTR-3B or nil outward supplies in GSTR-1 the late fee has been
capped at Rs500perreturn
middot Forothertaxpayers
a) For taxpayers having Annual Aggregate Turnover (AATO) in preceding year upto Rs 15 crore late fee has
been capped to a maximum of Rs2000perreturn
b) For taxpayers having AATO in preceding year between Rs 15 crore to Rs 5 crore late fee has been capped to a
maximum of Rs5000perretrun
c) For taxpayers having AATO in preceding year above Rs 5 crores late fee has been capped to a maximum of Rs
10000perreturn
middot The late fee for delay in furnishing of FORM GSTR-4 by composition taxpayers has been capped to Rs 500 per
return if tax liability is nil in the return and Rs 2000 per return for others from FY 2021-22 onward
middot Late fee payable for delayed furnishing of FORM GSTR-7 has been reduced to Rs50- per day and has been
capped to a maximum of Rs 2000- per return for returns from the month of June 2021 onward
4Retrospectiveamendmentofsection50toprovideinterestpaymentonnetcashbasis
middot Section 112 of the Finance Act 2021 relating to retrospective amendment in section 50 of the CGST Act has been
brought into force from 01062021
middot Accordingly retrospective amendmenthas been made in Section 50of CGST Act 2017 with effect from
01072017 to provide for payment of interest on the delayed payment of tax on netcashbasis
middot This will facilitate the taxpayers and help in removing ambiguity and disputes regarding payment of interest on
gross tax basis or net cash basis
5COVIDReliefMeasuresinGSTth st st
Government has issued various notiications on 27 April 2021 1 May 2021 and 1 June 2021 providing a number of
relief measures for taxpayers in GST
sect ReductioninrateofinterestConcessional rates of interest in lieu of the normal rate of interest of 18 per
annum for delayed tax payments have been provided for the months of March April and May 2021
sect Waiverof late fee Late fee waived for speciied number of days in respect of returns in FORMGSTR-3B
furnished beyond the due date for tax periods March April and May 2021 due in the April May and June 2021
respectively
sect ExtensionofduedateofilingGSTR-1IFFGSTR-4andITC-04
sect Due date of iling FORMGSTR-1 and IFF for the month of April 2021 and May 2021 has been extended by 15
days
sect Due date of iling FORMGSTR-4 for FY 2020-21 has been extended from 30th April 2021 to 31st July 2021
sect Due date of furnishing FORMITC-04 for Jan-March 2021 quarter has been extended from 25th April 2021 to
30th June 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 64
sect Extensioninstatutorytimelimitsundersection168AoftheCGSTAct Time limit for completion of various
actions by any authority or by any person under the GST Act which falls during the period from 15th April 2021 to
th th29 June 2021 has been extended upto 30 June 2021 subject to some exceptions as speciied in the notiication
sect Otherrelaxations
bull RelaxationinaailmentofITC Rule 36(4) ie 105 cap on availment of ITC in FORMGSTR-3B to be applicable
on cumulativebasisfor period AprilMayandJune2021to be applied in the return for tax period June 2021
Otherwise rule 36(4) is applicable for each tax period
bull The iling of GSTR-3B and GSTR-1IFF by companiesusing electronic veriication code (EVC) instead of Digital
Signature Certiicate (DSC) has been enabled for the period from the 27042021to31082021
6Refundrelatedmeasures
bullFacilityforwithdrawaloftherefundclaims
bull A new form RFD-01W has been provided for iling application of withdrawal of a refund claim by
amendment in Rule 90 of CGST Rules
bull It will help the taxpayers who have iled the refund application by mistake or for wrong period or have
made any mistake omission in the refund claim to withdraw the refund application rather than to ile
appeal once the refund claim is rejected
bullExclusionoftimetakenforissuanceofdeiciencymemoforcalculatinglimitationperiodforilingafresh
refundapplicationafterremovingdeiciencies
bull Rule 90 of CGST Rules amended to exclude the time taken by tax oficer in issuing deiciency memo in
FORM RFD-03 for purpose of calculating time for iling fresh refund claim after removal of deiciencies
bull This will help taxpayers in iling such fresh refund claims after removing deiciencies without getting
time barred due to time taken for issuance of deiciencies by the tax oficers
7RelaxationsinprovisionsofblockingofE-waybills
bull Rule 138E of CGST Rules 2017 amended to provide for restriction on generation of e-way bill only in respect of
outwardmovementof goods of a registered person who has defaulted in furnishing returns for 2 months or 2
consecutive tax periods
bull Prior to this amendment the supplier was not able to generate e-way bill for supply of goods to the defaulting
recipient though there may not have been any default on the part of the supplier himself
bull Withthisamendmentissuanceofe-waybillbythecompliantsupplierwillnotbeblockedin respect of
supply made to recipient including a recipient who has defaulted in furnishing two consecutive returns This
wouldensurethatbusinessofcompliantsuppliersarenotadverselyaffected
ARTICLE
ICSI-NIRC Newsletter I July 2021 65
8FacilitiesonPortalforeasingtheprocessofilingofreturns
bull Auto-draftedstaticinputtaxcreditstatementinFORMGSTR-2B
bull This facility has been made available on the portal for monthly tax payers since August 2020
bull This facilitates the taxpayers in determining and self-assessing their available input tax credit and thus
substantially reducing time taken to ile their returns
bull Auto-populationofGSTR-3Breturn
bull GSTR-3B returns are being auto-populated since December 2020 for monthly return ilers from the
details given by the taxpayers in their FORM GSTR-1 and from the details given by their suppliers in their
FORM GSTR-1
bull An editing facility is also provided to the taxpayers enabling them to make the corrections
amendments in the auto-populated return if required
bull ThesefacilitieshasnowbeenmadeavailablefortaxpayersunderQRMPschemealso
9MeasuresrelatedtoE-Invoicing
bull E-invoicing facility has been introduced for B2B supplies wef 01102020 for the taxpayers having annual
aggregate turnover of Rs 500 crores or more in any of the preceding inancial years
bull The threshold limit for generating e-invoice has been brought down to Rs 100 crores wef 01012021 and to Rs
50 crores wef 01042021
bull FORM GSTR-1 of the taxpayer is being auto-populated on the portal from e-invoice data Besides Part-A of e-way
bill is also auto-populated from the e-invoice data This helps in reducing time and cost for iling of GSTR-01 and
for generation of e-way bills
Introduction
As the world has become a global village and technology is playing the role of disrupter the corporates governments
and regulators constantly need to embrace changes thrown by these disruptions to ensure that aspirations of all
stakeholders are realized for growth and sustenance
It is an undisputed fact that pace of technology is very fast and one technological development annexes another one or
overshadows the same in certain cases But disruptions take place certainly and these disruptions bring their own sets
of opportunities and challenges
Emergingtechlandscapes
The recent buzzwords of technology are Machine Learning (ML) Artiicial Intelligence (AI) Internet of the Things (IoT)
and Automation They lessen human intervention enhance transparency and provide data analytics of highest accuracy
and eficiency for fostering eficient decisions making The regulatory domain does not remain untouched from these
technological revolutions Several compliance processes have become automat able audit activities are becoming more
technology oriented data extraction is on real-time basis and high-quality information is available for overall good
Impactoftechnologyoncompliance
So for the profession of company secretaryship the important point is ldquowhat is impact of technologyrdquo on compliance
domain Paradigm shifts are evolving as the transformations take place Areas such as automation of board processes
audits trails process and operational eficiency quality and economy have newer dimensions due to reshape of
technology At the same time new opportunities and challenges are emerging Let us examine them briely
Opportunities
Compliance and tech learning Traditional modes of compliances are undergoing drastic changes and new tools and
apps are playing havoc It is required that a Company Secretary whether in practice or employment should be tech-savvy
though being tech-savvy does not mean to become technology expert Generic knowledge and usage of applications and
functions will sufice and there is no need to acquire hardcore programming and development knowledge
Basic understanding and usage of technological aspects involved in compliance work will help company secretaries
validate compliance tasks with reinforced transparency and eficiency Technology helps in tracking the trails be they
compliance trail audit trail or any other important business function
ARTICLE
ICSI-NIRC Newsletter I July 2021 66
Technology inCompliance
The Game ChangerCS Ajay Kumar Sharma ACS
csajaysharmayahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
More importantly Governments are becoming very strict about trails and they are instructing technology solution
providers to architect systems in such a way so that complete track of transactions right from its origination till its
relection in ultimate system including all edits is possible
An understanding of compatibility between business requirements and technology solutions will open plethora of
opportunities for Company Secretaries
The bar is already rising From computer literacy it is now tech literacy The ICSI has a major role to play for this initiative
taking into consideration requirements and growth of all stakeholders
Challenges
Prevention of frauds Though technology is providing sophisticated business solutions cases of frauds with the
involvement of technology are on the rise As the impact of transactions may be over several geographies there may be
penalties and prosecutions from multiple regulators Section 447 of the Companies Act 2013 is extremely tough on
corporate frauds Deeper penetration of technology in business systems along with tough regulatory requirements
makes it imperative on the part of compliance oficers to take extra precautions International compliances such
Sarbanes Oxley Act 2002 put additional responsibilities for US companies working across several jurisdictions
The irst mantra of compliance eficiency is Evaluate document and do it right irst time
Conclusion
To sum up technology being the game changer this is going to be the era of ldquolearn unlearn and re-learnrdquo to cope with
technological disruption Exposure to different facets of compliance in technological environment will result in positive
enrichment of all stakeholders Let global society be the biggest winner
ARTICLE
ICSI-NIRC Newsletter I July 2021 67
JourneyofGSTinIndia
We can say that introduction of GST is a roller coaster ride The GST journey began in the year 2000 when a committee
was set up to draft law The PM Atal Bihari Vajpayee formed an Empowered Committee (EC) to create a structure for GST
based on their experience in designing State VAT
In 2004 A task force concludes GST must be implemented to improve current tax structure
In 2006 Finance Minister proposes GST introduction from April 1 2010 In 2007 CST phased out and rates reduced
from 4 to 3
In 2008 The inance minister conirmed that considerable progress was being made in the preparation of the roadmap
for GST The targeted timeline for the implementation was conirmed to be 1 April 2010 EC inalises dual GST structure
to have separate levy legislation
In 2010 Project to computerise commercial taxes launched but following this the implementation of GST was pushed
by one year
In 2011 Govt put forth the Constitution Amendment Bill for the introduction of GST
In 2012 The Standing Committee starts discussion over the bill but the opposition party raise concern over the clause
279B that offers additional powers to the Centre over the GST dispute authority
In 2013 Standing Committee tables its reports on GST The panel approves the regulation with few amendments to the
provisions for the tax structure and the mechanism of resolution
In 2014 The inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in the parliament
In 2015 The GST Bill passed in Lok Sabha but not in Rajya Sabha
In 2016 The Finance Ministry published the draft model law to public for their opinions and views Also amended
Model GST law passed in Rajya Sabha also
In 2017 Four Supplementary Bills passed in Lok Sabha and approved in Parliament and by President
1 Central CST Bill
2 Integrated GST Bill
3 Union Territory GST Bill
4 GST (Compensation to States) Bill
GST Council inalizes the GST Rates and GST Rules and inally GST law came into force from 1 July 2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 68
GST - One Countryone market one tax
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Meenakshi ACS
agarwalmeenakshi75gmailcom
IntroductionofGST
GST (Goods and Services Tax) is a destination based tax on consumption of goods and services It is a destination based
Tax and proposed to be levied at all stages right from manufacture up to inal consumption with credit of taxes ie ITC
(Input Tax Credit) paid at previous stages available as setoff GST has a dual aspect with the Centre and States
simultaneously levying on a common tax base
There are three main components of GST which are
1 CGST (Central GST) Taxes collected under CGST will constitute the revenues of the Central Government
2 SGST (State GST) A collection of SGST is the revenue of the State Government
3 IGST (Integrated GST) Revenue collected under IGST is divided between Central and State Government as per the
rates speciied by the Government IGST is charged on transfer of goods and services from one state to another Import of
goods and services are also covered under IGST
Image showing subsumed of various Central and State Taxes into GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 69
Beneits of GST Registration in Business
One of the most important beneit of the move is the mitigation of double taxation or the elimination of the cascading
effect of taxation
1MitigatingCascadingeffectofTax By subsuming most of the Central and State taxes into a single tax and
by allowing a set-off of prior-stage taxes for the transactions across the entire value chain it would mitigate
the ill effects of cascading improve competitiveness and improve liquidity of the businesses
ARTICLE
ICSI-NIRC Newsletter I July 2021 70
2TechnologydrivenTax GST is largely technology driven It will reduce the human interface to a great extent and this
would lead to speedy decisions
3 FindBuoyancy inGovernmentRevenue GST is expected to bring buoyancy to the Government Revenue by
widening the tax base and improving the taxpayer compliance The reform is also expected to improve the countrys
ranking so far as the Ease of Doing Business Index is concerned It is also estimated to enhance GDP growth by 15 to
2
4LesserCompliancesandeasytofollow It simpliied the Indirect tax regime After introduction of GST all tax payer
services such as registrations returns payments etc would be available to the taxpayers onlinewhich would make
compliance easy and transparent
5UniformityofTaxRatesandTaxationprocess all tax payer services such as registrations returns payments etc
would be available to the taxpayers online which would make compliance easy and transparent
6HigherrevenuegenerationThe possibility of tax evasion is minimised completely with GST coming into action
Also GST is expected to decrease the cost of collection of tax revenues of the Governmentand will therefore lead to
Higher revenue eficiency
GSTRegistration
Under GST regime Businesses whose turnover exceeds the threshold limit (Table given below) require to register
under GST It becomes mandatory for some businesses to register mandatorily as heavy penalties will attract if business
is carry on without GST registration
GSTRegThresholdLimit
th On 10 January 2019 In 32 GST Council Meeting changes in limits of GST registration was proposed which was further
approved by CBIC and new threshold limit of GST Registration come into existence which helps to ease compliance
under GST An option was provided to States to opt for the new limits or continue the earlier ones Here is the table
showing earlier threshold limits new limits and the effective date of applicability-
AggregateTurnover RegistrationRequired Applicability
Earlier limits- For Goods amp Services
Exceeding Rs 20 Lakh Yes ndash For Normal Category States Up to March 31 2019
Exceeding Rs 10 Lakh Yes ndash For Special Category States Up to March 31 2019
New Limits- For Goods
Exceeding Rs 40 Lakh Yes ndash For Normal Category States From April 1 2019
Exceeding Rs 20 Lakh Yes ndash For Special Category States From April 1 2019
New Limits- For providing Services ndash No Change- same as earlier
ARTICLE
ICSI-NIRC Newsletter I July 2021 71
PersonsliableforGSTRegistration
ChecklistofdocumentsrequiredforGSTregistration
1 PAN of the applicant
2 Copy of Aadhaar card
3 Proof of business registration or incorporation certiicate
4 Identity of address proof of promotersdirectors with photographs
5 Bank account statement cancelled cheque showing name address and a few transactions
6 Digital Signature of authorised signatory
7 Authorisation letter or Board resolution for authorised signatory
ARTICLE
ICSI-NIRC Newsletter I July 2021 72
GSTRegistrationAadhaarVeriication
Notiication issued by CBIC (Central Board of Indirect Tax and Customs) on March 23 2020 for GST Aadhaar
authentication from April 1 2020 For ease of doing business GST registration with Aadhaar veriication required by
thnew taxpayers ndash GST Council approved in its 39 meeting All Indian citizens can take this facility except tax deductors
retrieval services and tax collectors Govt dept PSUs Local authority and statutory authority also excluded from
Aadhaar authentication Due to pandemic physical veriication is risky So its easy to get online GST Aadhaar
veriication
ProcessofGSTregistrationAadhaarveriication
Applicant need to submit Aadhaar number along with application for registration under GST and then e -verify the same
on GST Portal using authentication link which is sent to Mobile Number and E-mail ID linked to Aadhaar Enter the OTP
sent on mobile number and email id and get e- validated
In conclusion GST has been a revolutionary tax system for India Most noteworthy many experts hail it as one of the
biggest tax reforms GST certainly is beneicial for the entire population of India
ARTICLE
ICSI-NIRC Newsletter I July 2021 73
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Dhiraj Kheriwal ACS
dhirajkheriwal5gmailcom
Indias Economy -Challenges
after Covid-19
COVID-19 pandemic is a signiicant shock to economies all around the world Even the major economies like the USA
have been badly mauled with unemployment rising and a cut in economic growth The Pandemic has caused a shock for
the Indian economy as well Consumption manufacturing exports capital lows the legs on which the Indian economy
had been growing have all been impacted adversely
India came out of lockdown about 2 months back with restrictions still in many parts of the country There is no magic
quick ix or shortcut to stimulate and restart demand in an economy which is the most important key to economic
revival next to vaccine becoming available This will take time patience and continuous effort Amidst this uncertainty
what will be key to revival is how people come out of their homes how people restart their lives how will it impact
demand organically and availability of capital when businesses are ready to kick start production to service demand
Potentialgrowthhasslowed-
Indias potential growth may have slowed down by over one percentage point due to the longer-than-expected
disruption caused by COVID-19 and a modest policy response so far UBS Securities said in a report
ldquoWe estimate Indias potential growth to have slowed to 6 (from 71 YoY estimated in 2017) due to longer-than-
expected disruption caused by the pandemic balance-sheet concerns faced by economic agents (especially the inancial
sector and households)rdquo ldquoThis implies dificult economic challenges for many years to comerdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 74
It said the biggest challenge before India would be its ability to create ample employment opportunities for the rising
working-age population
ldquoWe believe India needs to grow by at least 8 YoY annually just to absorb incremental labour force with a focus on
mobilisation of resources towards manufacturing and exportsrdquo
Climatechange-
Climate change threatens Indias attempts to improve its citizens standard of living More than 600 million Indians face
a cute water shortages Bangalore and New Delhi are two of the 21 cities that could deplete their groundwater in 2020 In
July 2019 the city of Chennai ran out of groundwater Over 200000 people die from contaminated water By 2030 40
of the population will have no access to drinking water
Most of Indias rainwater falls during the four-month monsoon season It isnt captured eficiently Climate change will
increase looding from these monsoons
IncreaseinEmployment
ARTICLE
ICSI-NIRC Newsletter I July 2021 75
The depth of the slowdown in the current inancial year means that a rebound is inevitable but unemployment could
hamper the recovery process The issue of migrant workers will have an impact on the economic growth and availability
of quality workers in the post-COVID-19 world will be a challenge
India should be wary of the challenges in smooth recovery in labour markets While GDP in India was growing
employment remained stagnant and if this trend continues its another problem Without a boost in employment
households incomes will be under strain consumer sentiments will be low and the economic recovery will be sluggish
Predominanceofagriculture-
Less developed countries live mainly upon agriculture and extractive industries like mining isheries and forests
Predominance of agriculture is explained from the viewpoint of sectoral composition of national income and
occupational pattern
In India in 1950- 51 more than 55 pc of our GDP came from the agricultural sector or the so- called primary sector In
2007-08 however the contribution of this sector toward GDP came down to194 pc
Theightwillbeaboutincreasingeconomicactivity-
With the lockdown the economic activity came to a grinding halt in India from the end of March Domestic consumption
almost wiped out Pay cuts and layoffs combined with fear of spread led to lack of shopping and completely eroded
demand
While the non-discretionary spending on groceries and other essential items remained largely unscathed during the
lockdown the revival in consumption will be driven by discretionary as well as non-discretionary spending Despite the
Indian governments decision to remove most the demand scenario is expected to remain weak for most of the current
inancial year But it could make a comeback next year
And as the uncertainty surrounding income and jobs reduces economists believe that some people will be able to raise
their discretionary spending on non-essential goods during festive season and thereafter lowing into 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 76
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Abhishek Goyal FCS
abhishekcsajmergmailcom
TREATMENT OF GST ONRESTAURANT BUSINESS
Implications of GST on restaurant business makes an interesting study and is important from the point of view of GST
consulting and practicing service to be rendered by practicing Company Secretaries as GST provides a promising
practicing and consulting platform for Company Secretaries
Let us now discuss these implications in the form of questions and answers which would enable the reader to get an easy
understanding of the provisions of GST in this regard
Q1 Please explain place of supply provisions in case of restaurant business and its importance for such business
Ans As per sub section (4) of Section 12 of the IGST Act place of supply in case of restaurant business is determined on
performance basis In other words place of supply (POS) in case of restaurant service is considered on performance
basis Accordingly POS in case of restaurants shall be the place where such service was actually performed which is
usually the place where such restaurant is situated
POS is important for both goods and services as the taxable event in GST is supply of goods and services
Q2 Whether restaurant owners can avail composition scheme under GST
Ans Yes composition scheme is open to restaurant business owners
Q3 What is the effective rate of GST on restaurant business under composition scheme
Ans It is 5 subject to maximum turnover of Rs 15 crores
Q4 We are running a food joint located in a standalone building with takeaway as well as sitting facilities to our
customers We are registered under GST normal scheme Can we take beneit of ITC on purchases made by us in relation
to our outward services
Ans A restaurant or a food joint or an eatery located in a standalone building ie not being located inside any hotel inn
guest house or club is not eligible for availing ITC even if purchases made by it were in the course of and in furtherance of
its business Such restaurants shall charge GST 5 on their services without ITC
Q5 We are running a standalone restaurant We have purchased an oven and a chimney for the purpose of our
restaurant Can we avail ITC on it
Ans As already stated in answer to question no 3 no ITC is available to a standalone restaurant even if goods or services
are availed in the course of or in furtherance of business
Q6 Would your answer be different if we are located in a hotel
Ans If a restaurant is located inside a hotel inn guest house lodge or a club where room rent per day exceeds Rs 7500-
the restaurant can avail ITC however GST rate in that case will be 18 In other words such a restaurant will have to
charge GST at 18 which in the case mentioned in reply to question no 1 is 5
ARTICLE
ICSI-NIRC Newsletter I July 2021 77
Q7 Is there any difference in GST rate for AC and Non AC restaurants
Ans The different GST rates prescribed for AC and non AC restaurants have been done away with All restaurants
whether AC or non AC are subject to GST rate of 5 without ITC or 18 with ITC depending upon whether restaurant is
located in a standalone building or inside an hotel inn guest house club etc where room rent per day is above Rs 7500-
Q8 We are engaged in outdoor catering services what are the GST implications for us
Ans For outdoor catering services as of now the GST rate is 18 with ITC
Q9 A restaurant is located inside a three star hotel with room rent of more than Rs 7500- per day The restaurant is also
offering some sweets which may be ordered as a takeawayparcel or may be consumed on a table in the restaurant itself
What are the GST implications on both situations
Ans Sweets attract 5 GST so take away from the counter will attract 5 GST only Whereas if sweets are consumed on a
table in the restaurant itself then it will attract GST at 18 since restaurant is located inside a hotel with room tariff of Rs
7500- and above
Q10 We are a moving restaurant and are providing over the counter take away and parcel services to our customers
What is the GST rate to be charged
Ans In this case GST to be charged is 5 without ITC
Q11 We are running a school We have an in house canteen for the beneit of our staff and students What are the GST
implications on us in the two situations
(i) if we supply food and beverages to our staff and students ourselves
(ii) if we engaged a contractor for running the canteen and to provide food and beverages to our staff and students
Ans In the situation (i) GST is exempt
In situation (ii) GST to be charged is 5 In this case the contractor is liable to charge GST at 5
ARTICLE
ICSI-NIRC Newsletter I July 782021
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shubham Budhiraja ACS
shubhambudhiraja02gmailcom
PROVISIONAL ATTACHMENTUNDER GST amp DOCTRINE OF
PROPORTIONALITYThe GST Fraud case initiated against GM Power-tech for issuances of fake invoices to various companies including MS
Radha Krishnan (Appellant) The joint commissioner thereafter in exercise of its delegate powers issued Notice under
Section 83 for provisional attachment of bank account of appellant which was challenged by appellant before HC in Writ
petition which was dismissed due to availability of alternative remedy in GST Act The Supreme Court held that exercise
of power by Joint Commissioner under Section 83 provisional attachment was in violation to provisions of law and
against principles of Order 38 Rule 5 and without application of mind and thus Writ was maintainable Hence HC
committed error in law in refusing the Writ
(i) Whetherwritpetitionmaintainableagainstorderofprovisionalattachmentundergstact
yesiforderiswithoutapplicationofmindoragainstprincipleofnaturaljusticeorwithoutjurisdiction
(ii)Whetherorderofprovisionalattachmentcanbeusedtogetspeedyrecoveryofstaterevenueundergst
act
Noprovisionalattachmentisbasedonproportionalitydoctrine
WritPetitionunderArticle226ampExceptionToRuleOfAlternateRemedy
(I) AssistantCommissioner (CT)LTUKakinadaandothersvGlaxoSmithKlineConsumerHealthCare
LimitedAIR2020SC2819 There are certain exceptions to the ldquorule of alternate remedyrdquo include where
- The statutory authority has not acted in accordance with the provisions of the law or
- acted in deiance of the fundamental principles of judicial procedure or
- has resorted to invoke provisions which are repealed or
- Where an order has been passed in violation of the principles of natural justice
(II)WhirlpoolCorporationvRegistrarofTrademarksMumbai(1998)8SCC1 R u l e o f a l t e r n a t i v e
remedy not to operate as a bar in at least three contingencies namely where the writ petition has been iled for
the
- Enforcement of any of the Fundamental Rights or
- There has been a violation of the principle of natural justice or
- Order or proceedings are wholly without jurisdiction or
- The vires of an Act is challenged
Analysis
(I) The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of
fundamental rights but for any other purpose as well
(II) The High Court has the discretion not to entertain a writ petition One of the restrictions placed on the power of
the High Court is where an effective alternate remedy is available to the aggrieved person
(III) Exceptions to the rule of alternate remedy arise where
ARTICLE
ICSI-NIRC Newsletter I July 2021 79
(a) the writ petition has been iled for the enforcement of a fundamental right protected by Part III of the
Constitution
(b) there has been a violation of the principles of natural justice
(c) order or proceedings are wholly without jurisdiction
(d) the vires of a legislation is challenged
(IV) An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the
Constitution in an appropriate case though ordinarily a writ petition should not be entertained when an
eficacious alternate remedy is provided by law
(V) When a right is created by a statute which itself prescribes the remedy or procedure for enforcing the right
or liability resort must be had to that particular statutory remedy before invoking the discretionary remedy
under Article 226 of the Constitution This rule of exhaustion of statutory remedies is a rule of policy
convenience and discretion and
(VI) In cases where there are disputed questions of fact the High Court may decide to decline jurisdiction in a
writ petition However if the High Court is objectively of the view that the nature of the controversy requires
the exercise of its writ jurisdiction such a view would not readily be interfered with
AttachmentbeforeJudgmentampProvisionalAttachment
(I) RamanTechProcessEnggCoandAnrvSolankiTraders2008(1)RCR(Civil)195
(A) The power under Order 38 Rule 5 Civil Procedure Code is a drastic and extraordinary power Such
power should not be exercised mechanically or merely for the asking It should be used sparingly and
strictly in accordance with the Rule The purpose of Order 38 Rule 5 not to convert an unsecured debt
into a secured debt Any attempt by a plaintiff to utilize the provisions of Order 38 Rule 5 as a leverage for
coercing the defendant to settle the suit claim should be discouraged
(II)ValeriusIndustriesvUnionofIndia2019(30)GSTL15(Gujarat)
(A) The power under Section 83 of the Act for provisional attachment should be exercised only if there is
suficient material on record to justify the satisfaction that the assessee is about to dispose of wholly or
any part of hisher property with a view to thwarting the ultimate collection of demand and in order to
achieve the said objective the attachment should be of the properties and to that extent it is required to
achieve this objective
(B) The power under Section 83 of the Act should neither be used as a tool to harass the assessee nor should
it be used in a manner which may have an irreversible detrimental effect on the business of the assessee
(C) The attachment of bank account and trading assets should be resorted to only as a last resort or measure
The provisional attachment under Section 83 of the Act should not be equated with the attachment in
the course of the recovery proceedings
(III)JaiAmbeyFilamentPvtLtdvUnionofIndia2021(44)GSTL41(Gujarat)
(A) Subjective satisfaction as to the need for provisional attachment must be based on credible information
that the attachment is necessary
(B) The opinion cannot be formed based on ldquoimaginary grounds wishful thinking howsoever laudable that
may berdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 80
(IV)PatranSteelRollingMillvAssistantCommissionerofStateTaxUnit22019(20)GSTL732(Gujarat)
(A) Two instances in which provisional attachment would be apposite these being where the
- assessee is a ly by night operator and
- If the assessee will not be able to pay its dues after assessment
(V) ProexFashionPrivateLimitedvGovernmentofIndiaWP(C)11245of2020dated6January2021
Conditions for the invocation of Section 83 of the SGST Act
I Order should be passed by Commissioner
II Proceeding under Section 62 or 63 or 64 or 67 or 73 or 74 should be pending
III Commissioner must form an opinion
IV Order should be passed to protect interest of revenue
V It must be necessary to attach property
(VI)UFVIndiaGlobalEducationvUnionofIndia2020(43)GSTL472
Pendency of proceedings under the sections mentioned in Section 83 viz Sections 62 or 63 or 64 or 67 or 73
or 74 is the sine qua non for an order of provisional attachment to be issued under Section 83
(VII)KaishImpexPrivateLimitedvUnionofIndia(2020)6AIRBomR122
(A) Taxable account of the taxable person can be attached against whom the proceedings under the sections
are initiated Section 83 does not provide for an automatic extension to any other taxable person from an
inquiry speciically launched against a taxable person under these provisions
(B) The format of the order ie the form GST DRC-22 also speciies the particulars of a registered taxable
person and which proceedings have been launched against the aforesaid taxable person indicating a nexus
between the proceedings to be initiated against a taxable person and provisional attachment of bank
account of such taxable person
(V)VishwanathRealtorvStateofGujaratSpecialCivilNo7210of2015decidedon29April2015
(A) Satisfaction must be on some tangible material on objective facts with the Commissioner In a given case on
the basis of the past conduct of the dealer and on the basis of some reliable information that the dealer is
likely to defeat the claim of the Revenue in case any order is passed against the dealer under the VAT Act
andor the dealer is likely to sale his properties andor sale andor dispose of the properties and in case
after the conclusion of the assessmentreassessment proceedings if there is any tax liability the Revenue
may not be in a position to recover the amount thereafter in such a case only however on formation of
subjective satisfactionopinion the Commissioner may exercise the powers under Section 45 of the VAT
Act
ARTICLE
ICSI-NIRC Newsletter I July 2021 81
SECTION83ampITSCONDITIONS
(i) The power to order a provisional attachment is entrusted during the pendency of proceedings under any one of
six speciied provisions Sections 62 63 64 67 73 or 74 In other words it is when a proceeding under any of
these provisions is pending that a provisional attachment can be ordered
(ii) The power to order a provisional attachment has been vested by the legislature in the Commissioner
(iii) Before exercising the power the Commissioner must be ldquoof the opinion that forthepurpose of protecting the
interest of the government revenue it is necessarysotodordquo
(iv) The order for attachment must be in writing
(v) The provisional attachment which is contemplated is of any property including a bank account belonging to the
taxable person and
A provisional attachment under Section 83 is contemplated during the pendency of certain proceedings meaning
thereby that a inal demand or liability is yet to be crystallized An anticipatory attachment of this nature must
strictly conform to the requirements both substantive and procedural embodied in the statute and the rules The
exercise of unguided discretion cannot be permissible because it will leave citizens and their legitimate business
activities to the peril of arbitrary power Each of these ingredients must be strictly applied before a provisional
attachment on the property of an assesses can be levied The Commissioner must be alive to the fact that such
provisions are not intended to authorize Commissioners to make preemptive strikes on the property of the assessee
merely because property is available for being attached There must be a valid formation of the opinion that a
provisional attachment is necessary for the purpose of protecting the interest of the government revenue
PROPORTIONALITYampSECTION83
The expressions in Section 83 give regard to both the purpose and necessity of provisional attachment implicate the
doctrine of proportionality Proportionality mandates the existence of a proximate or live link between the need for the
attachment and the purpose which it is intended to secure It also postulates the maintenance of a proportion between
the nature and extent of the attachment and the purpose which is sought to be served by ordering it
Moreover the words embodied in Section 83(1) would leave no manner of doubt that while ordering a provisional
attachment the Commissioner must in the formation of the opinion act on the basis of tangible material on the basis of
which the formation of opinion is based in regard to the existence of the statutory requirement
CONCLUSION
(I) Order 38 Rule 5 CPC provides for provision of Attachment before Judgment
(II) Section 83 of CGST Act 2017 are on same principle provides for Provisional attachment of any property of
assesse by commissioner for protecting interest of Govt Revenue
(III) Section 83 is based on Proportionality doctrine ndash ldquo for the purpose of necessity to do sordquo
(IV) Provisional attachment is based on test of Tangible Material
(V) Under the provisions of Rule 159(5) the person whose property is attached is entitled to dual procedural
safeguards
ARTICLE
ICSI-NIRC Newsletter I July 2021 82
(a) An entitlement to submit objections on the ground that the property was or is not liable to attachment
and
(b) An opportunity of being heard
(VI) The Opinion to passes order for Provisional attachment has to be on basis of material on record and based
on proportionality doctrine
(VII) Mere for expediency in revenue recover is not a ground for which provisional attachment to be passed
(VIII) Provisional attachment is draconian in nature
(IX) Section 83 does not provide for an automatic extension to any other taxable person from an inquiry
speciically launched against a taxable person under these provisions
(X) Since power to provisional attachment is delegated to Joint commissioner under Section 5(3) hence there is
no appeal available to Appellate authority under Section 107(1) because joint commissioner is not
performing functions of commissioner but of delegate Hence Writ petition was maintainable
(XI) Even where alternative remedy is available writ can be maintainable where
(a) Matter involved is of Fundamental rights
(b) Matter involved is of Natural Justice non-application of mind
(c) Matter involved absence of jurisdiction excess of jurisdiction
chapters of nirc of icsibull Agra
bull Ajmer
bull Alwar
bull Amritsar
bull Bareilly
bull Bhilwara
bull Bikaner
bull Chandigarh
bull Dehradun
bull Faridabad
bull Ghaziabad
bull Gorakhpur
bull Gurugram
bull Jaipur
bull Jalandhar
bull Jammu
bull Jodhpur
bull Kanpur
bull Karnal
bull Kota
bull Luchnow
bull Ludhiana
bull Meerut
bull Modinagar
bull Noida
bull Panipat
bull Patiala
bull Prayagraj
bull Shimla
bull Srinagar
bull Udaipur
bull Varanasi
ARTICLE
ICSI-NIRC Newsletter I July 2021 83
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shikha Saxena ACS
shikhasaxena214gmailcom
Goods andService Tax
Introduction GST was introduced to replace multiple indirect taxes levied by State and Central Government GST is
Single domestic indirect tax law for the entire country So it is an indirect tax which replaced many indirect taxes in India
such as excise duty VAT Service tax etc
Features
1 Destination Based Tax
2 Multi stage
DestinationBasedTax
It means tax will be levied at the place where goods and services are consumed not at the origin So the state which
consume the goods and services will have right to collect GST
Example A good is manufactured in Rajasthan and sold in Gujrat then the Rajasthan Government will receive revenue
from taxing manufacturing and warehousing whereas Gujrat Government will receive the revenue of the inal sale
MultiStage
GST is levied on on value addition done on every stage
Example Once raw material has been bought value is added by manufacturer by means of making the raw material into
a product The warehousing is the next step where value is added which is then sold to retailers where the inal addition
of value is done At each step GST will be levied
DifferenceBetweenGSTandearlierTaxSystem
EarlierTaxSystem GST
Goods
Manufacture Sale Excise Duty VatSales Tax
In case of Service Service Tax levied
GoodsServices
Supply
GST
Central GST Integrated GST State GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 84
HowGSTisBeneicialascomparetoearliertaxstructure
1 Removing the cascading effect of Tax
2 Higher threshold for GST Registration
3 Composition Scheme for small business
4 Simpler online facilities for GST Compliance
5 Deined treatment for e-commerce activities
6 Regulating the unorganized sector
In simple terms it can be explained through example
EarlierSystem GSTSystem
Product sale from Rajasthan to Gujrat Price Rs 1000 Price Rs 1000
VAT 10 Rs 100 CGST 5 Rs 50
Total Cost Rs 1100 SGST 5 Rs 50
Total Cost Rs 1100
Product sale from Gujrat to Haryana Cost Price Rs 1100 Cost Price Rs 1100
Proit Rs 1000 Proit Rs 1000
Sell Price = Cost + Proit Sell Price = Cost + Proit
Sell Price Rs 2100 Sell Price Rs 2100
CST 10 Rs 210 IGST 10 Rs 110
Total Price Rs 2310 Total Price Rs 2210
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
In the end every time an individual is able to claims the input tax credit the sale price is reduced and the cost price for
the buyer is reduced because of lower tax liability The inal value of the product is therefore reduced from Rs2310 to Rs
2210 thus reducing the tax burden on the inal customer
BeforestudyinggointodeeperitisnecessarytounderstandthejourneyofGSTin
IndiaHistoryofGSTinIndia
ARTICLE
ICSI-NIRC Newsletter I July 2021 85
ComponentsofGST
CGST Central Goods and Service Tax
They are levied by the central government for intrastate movement of goods and services Intrastate means within one
state CGST revenues go to the central government
SGST State Goods and Services Tax
They are levied by the state government thats state indirect taxes It is the tax collected by the state government on an
intra-state sale
IGST Integrated Goods and Services Tax
It is a tax collected by the Central Government for an inter-state sale
Sale Within the State CGST + SGST Revenue will be shared equally between the centre and the State
Sale to another State IGST There will only be one type of tax (central) in case of inter state sale The centre
will then share the IGST revenue based on the destination of goods
Turnover(ForsaleofGoods)
Registration Effective
Exceeds Rs 20 Lakh Yes- For Normal Category States stEffective from 1 April 2019
Exceeds Rs 20 Lakh Yes- For Special Category States stEffective from 1 April 2019
ForProvidingServices
Persons providing services need to register if their aggregate turnover exceeds Rs 20 Lakh for normal category states
and Rs 10 Lakh for Special category states
Asperthenewamendmentanoptionwasgiventothestatestooptfornewlimitsor
continuetheearlierstatusquo
N o r m a l C a t e g o r y
StateUTforanewlimit
ofRs40Lakh
Kerala Chhattisgarh Jharkhand Delhi Bihar Maharashtra Andhra Pradesh Gujrat
Haryana Goa Punjab Uttar Pradesh Himachal Pradesh Karnataka Madhya Pradesh
Odisha Rajasthan Tamil Nadu West Bengal Lakshadweep Dadra and Nagar Haveli
Daman and Diu Andaman and Nicobar Island and Chandigarh
NormalCategorystatewhochoosestatusquo
Telangana
SpecialcategoryStateswhooptedfornewlimitofRs40Lakh
Jammu and Kashmir and Assam
SpecialCategoryStateswhooptedfornewlimitofRs20Lakh
Puducherry Meghalaya Mizoram Tripura Manipur Sikkim Nagaland Arunachal Pradesh Uttarakhand
ARTICLE
ICSI-NIRC Newsletter I July 2021 86
Section 24 of the Central Goods and Service Tax Act 2017 explains the Provisions of compulsory registration
Oslash The person engaged in the inter-state taxable supply of goods or services or both
Oslash A casual taxable person engaged in taxable supply
Oslash Persons liable to pay tax under reverse charge mechanism
Oslash A non-resident taxable person engaged in providing taxable supply
Oslash A person liable to pay tax under section 9 (5) of the Act
Oslash The person liable to deduct tax at source (TDS)
Oslash Input Service Distributor
Oslash E-commerce operator
Oslash Person supplying online information and database access or retrieval services from a place outside India to a
person in India other than a registered taxable person
SlabRates
There are around six slabs of rates as per latest council meeting of GST
Rates Particulars
5 Cream and yogurt paneer cashew nut raisins fruit and nuts and a few others Now for these products
25 goes to the state government and the rest 25 goes to the CGST Many household items are
covered in this section
12 Citrus fruits jams sausages 20l drinking water statues pots and jars geometry box cutlery railway
coaches printer ink wooden toys and more Here for every product 6 goes towards CGST and 6
goes towards SGST This section covers processed food to a great extent
18 Bindis chocolates fountain pens tripods soap toothpaste and industrial intermediate products are
therein this slab Here 9 goes towards SGST and 9 goes towards CGST The central goods and
services tax act 2017 has a full list of items
28 Cigarettes caffeinated beverages pan masala motor cars and motorcycles air conditioners
refrigerators etc Mainly luxury items are covered in this sector In this 14 goes towards SGST and
14 goes towards CGST
3 Coins gold silver platinum imitation jewellery etc are taxed at 3 Here 15 goes towards SGST
and 15 towards CGST
25 Precious stones are taxed at 025 where 0125 goes towards CGST and 0125 goes towards SGST
0 There are also some products that are taxed at 0 basically they are tax free
Mammals live swine live bovine mammals birds insects ish curd lassi buttermilk bananas
apples grapes human hair sanitary napkins among others
ARTICLE
ICSI-NIRC Newsletter I July 2021 87
The central GST Act 2017 has a full updated list of all items under all GST tax slabs
NewCompliancesUnderGST
E-WaysBills E-invoicing
M a n u f a c t u r e r s t r a d e r s a n d
transporters can generate e-way bills
for the goods transported from the
place of its origin to its destination on
a common portal with ease
Tax authorities are also beneited as
this system has reduced time at check
-posts and helps reduce tax evasion
It is applicable on whose turnover of more than Rs500 crore in any preceding
inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100
crore
These businesses must obtain a unique invoice reference number for every
business-to-business invoice by uploading on the GSTNs invoice registration
portal The portal veriies the correctness and genuineness of the invoice
Thereafter it authorises using the digital signature along with a QR code
e-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to
the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the
generation of e-way bills too
Penalty If a person commits any GST offenseSection 122 to 138 of the GST Act deines Offences and Penalties under
GST
They divide the offences into two categories
A Offences Attracting Fiscal Penalties
B Offences Attracting Prosecution
It is very dificult to wrap up the entire GST Act into one article but here is the brief of GST to understand it better and
work towards it For more details you can Study Central Goods and Services Act 2017 and also contact on the given mail
ID
ARTICLE
ICSI-NIRC Newsletter I July 2021 88
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS shashank kothiyal ACS
shashankkothiyal9gmailcom
GST A Boon forIndian Economy
Introduction
Whether it was uniformity of taxation and consequent free interior trade or possession of the jewel in the crown at the
root of prosperity of Britain is debatable nonetheless the words of father of modern economics on the beneits of
uniformity of system of taxation cannot be taken too lightly Before implementation of Goods and Service Tax (GST)
Indian taxation system was a farrago of central state and local area levies By subsuming more than a score of taxes
under GST road to a harmonized system of indirect tax has been paved making India an economic union
Genesis
Several countries have already established the Goods and Services Tax In Australia the system was introduced in 2000
to replace the Federal Wholesale Tax GST was implemented in New Zealand in 1986 A hidden Manufacturers Sales Tax
was replaced by GST in Canada in the year 1991 In Singapore GST was implemented in 1994 GST is a value-added tax in
Malaysia that came into effect in 2015
Introduction
ARTICLE
ICSI-NIRC Newsletter I July 2021 89
MonthYear JourneyofGST
2000 In India the idea of adopting GST was irst suggested by the Atal Bihari Vajpayee Government in 2000
The state inance ministers formed an Empowered Committee (EC) to create a structure for GST based
on their experience in designing State VAT Representatives from the Centre and states were requested
to examine various aspects of the GST proposal and create reports on the thresholds exemptions
taxation of inter-state supplies and taxation of services The committee was headed by Asim
Dasgupta the inance minister of West Bengal Dasgupta chaired the committee till 2011
2004 A task force that was headed by Vijay L Kelkar the advisor to the inance ministry indicated that the
existing tax structure had many issues that would be mitigated by the GST system
February2005
The inance minister P Chidambaram said that the medium-to-long term goal of the government was
to implement a uniform GST structure across the country covering the whole production-distribution
chain This was discussed in the budget session for the inancial year 2005-06
February2006
The inance minister set 1 April 2010 as the GST introduction date
November2006
Parthasarthy Shome the advisor to P Chidambaram mentioned that states will have to prepare and
make reforms for the upcoming GST regime
February2007
The 1 April 2010 deadline for GST implementation was retained in the union budget for 2007-08
February2008
At the union budget session for 2008-09 the inance minister conirmed that considerable progress
was being made in the preparation of the roadmap for GST The targeted timeline for the
implementation was conirmed to be 1 April 2010
July2009 Pranab Mukherjee the new inance minister of India announced the basic skeleton of the GST system
The 1 April 2010 deadline was being followed then as well
November2009
The EC that was headed by Asim Dasgupta put forth the First Discussion Paper (FDP) describing the
proposed GST regime The paper was expected to start a debate that would generate further inputs
from stakeholders
February2010
The government introduced the mission-mode project that laid the foundation for GST This project
with a budgetary outlay of Rs 1133 crore computerised commercial taxes in states Following this
the implementation of GST was pushed by one year
March2011 The government led by the Congress party puts forth the Constitution (115th Amendment) Bill for the
introduction of GST Following protest by the opposition party the Bill was sent to a standing
committee for a detailed examination
June2012 The standing committee starts discussion on the Bill Opposition parties raise concerns over the 279B
clause that offers additional powers to the Centre over the GST dispute authority
November2012
P Chidambaram and the inance ministers of states hold meetings and set the deadline for resolution
of issues as 31 December 2012
ARTICLE
ICSI-NIRC Newsletter I July 2021 90
February2013
The inance minister during the budget session announces that the government will provide Rs9000
crore as compensation to states He also appeals to the state inance ministers to work in association
with the government for the implementation of the indirect tax reform
August2013 The report created by the standing committee is submitted to the parliament The panel approves the
regulation with few amendments to the provisions for the tax structure and the mechanism of
resolution
October2013
The state of Gujarat opposes the Bill as it would have to bear a loss of Rs 14000 crore per annum
owing to the destination-based taxation rule
May2014 The Constitution Amendment Bill lapses This is the same year that Mr Narendra Modi was voted into
power at the Centre
December2014
Indias new inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in
the parliament The opposition demanded that the Bill be sent for discussion to the standing
committee
February2015
Mr Jaitley in his budget speech indicated that the government is looking to implement the GST system
by 1 April 2016
May2015 The Lok Sabha passes the Constitution Amendment Bill Jaitley also announced that petroleum would
be kept out of the ambit of GST for the time being
August2015 The Bill is not passed in the Rajya Sabha Jaitley mentions that the disruption had no speciic cause
March2016 Mr Jaitley says that he is in agreement with the Congresss demand for the GST rate not to be set above
18 But he is not inclined to ix the rate at 18 In the future if the Government in an unforeseen
emergency is required to raise the tax rate it would have to take the permission of the parliament So a
ixed rate of tax is ruled out
June2016 The Ministry of Finance releases the draft model law on GST to the public expecting suggestions and
views
August2016 The Congress-led opposition inally agrees to the Governments proposal on the four broad
amendments to the Bill The Bill was passed in the Rajya Sabha
September2016
The Honourable President of India gives his consent for the Constitution Amendment Bill to become
an Act
The GST Council also inalised on the GST rates and GST rules The Government declares that the GST Bill will be
applicable from1July2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 91
Pre-GSTIndirectTaxStructureinIndia
GSTLawfromaConstitutionalPerspective
A DeinitionofGST
ldquoGoods and services taxrdquo means any tax on supply of goods or services or both except taxes on the supply of the alcoholic
liquor for human consumption As per Article 366(12A)
GoodsandServicesTax(GST) is anindirecttax(orconsumptiontax) used in India on the supply of goods and
services It is a comprehensive multistage destination-based tax comprehensive because it has subsumed almost all
the indirect taxes except a few state taxes Multi-staged as it is the GST is imposed at every step in the production
process but is meant to be refunded to all parties in the various stages of production other than the inal consumer and
as a destination-based tax it is collected from point of consumption and not point of origin like previous taxes
B ConstitutionalAmendment
bull Bill passed by Rajya Sabha on 03082016 amp Lok Sabha on 08082016
bull Notiied as Constitution (101st Amendment ) Act 2016 on 08092016
bull Key Features
uuml Concurrent jurisdiction for levy amp collection of GST by the Centre amp the States ndash Article 246A
uuml Centre to levy amp collect IGST on supplies in the course of inter-State trade or commerce including imports ndash
Article 269A
uuml Compensation for loss of revenue to States for ive years on recommendation of GSTC ndash Clause 19
uuml GST on petroleum crude high speed diesel motor spirit (commonly known as petrol) natural gas amp aviation
turbine fuel to be levied from a later date on recommendations of GSTC
ARTICLE
ICSI-NIRC Newsletter I July 2021 92
BeneitsofGST-AdvantageandDisadvantage
Advantages Disadvantage
1 The most important beneit is the removal of cascading
effect ie removal of tax on tax
2 Starting from registration to iling returns and payment
of GST tax its an online procedure
3 Startups wont be running around tax ofices for various
registrations and procedures under excise service tax
and VAT
4 Higher threshold for registration
5 Composition scheme for small business The purpose is
to ease the burden of compliance which enables the
small businesses to focus more on business and less on
compliance
1 The GST structure has been marketed well to portray it
as a simple concept but in reality the understanding is
complicated and distortionary to fully exploit the
expected beneits
2 Multiple tax rates and many complexities will result into
tax disputes and lead to more corruption
3 High confusion regarding the product classiication and
multiple rates is a major concern
4 The food industry has criticized the levying of higher
rates on value-added manufactured goods and has
asked for a simpler regime
5 Items like (i) Alcohol (ii) Real Estate and (iii) Electricity
have been kept out of this regime defeating the purpose
of one tax
ComponentsofGST
GST would be levied on a common base by both the central and the state government simultaneously The dual GST can
be categorized into the following
middot CentralGST(CGST)- GST to be levied by the central government
middot StateGST(SGST)UnionTerritoryGST(UTGST)- GST to be levied by statesUnion Territories with legislature
IntegratedGST(IGST)- GST levied by central government on inter-state supply of goods and services to ensure that the
credit chain is not disrupted Apart from the applicable custom duties import of goods and services would be treated as
inter-state supplies and would therefore be subject to IGST
ARTICLE
ICSI-NIRC Newsletter I July 2021 93
GSTRates
At the time of GST implementation former Finance Minister the late Mr Arun Jaitley said that the government wanted to
keep the GST rates close to the original rates But there were differences in case of some items because of the changes in
the economy as well as customer preferences Some commodities were kept in the high tax bracket (18-28) but on
scrutinizing the list they found that these commodities should be considered as necessities and not luxuries This is why
the GST rates were revised for commodities such as notebooks exercise books
FewGSTRatesare
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central ExciseService tax
Revenue will be shared equally between the Centre and the State
Sale to another State IGST Central Sales Tax + ExciseService Tax
There will only be one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
TaxRate Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
CompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
uuml E-WayBills GST introduced a centralised system of waybills by the introduction of ldquoE-way billsrdquo This system was
launched on 1st April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of
goods in a staggered manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods
transported from the place of its origin to its destination on a common portal with ease Tax authorities are also
beneited as this system has reduced time at check -posts and helps reduce tax evasion
uuml E-invoicing The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual
aggregate turnover of more than Rs 500 crore in any preceding inancial years (from 2017-18) Further from 1st
January 2021 this system was extended to those with an annual aggregate turnover of more than Rs100 crore
These businesses must obtain a unique invoice reference number for every business-to-business invoice by
uploading on the GSTNs invoice registration portal The portal veriies the correctness and genuineness of the
invoice Thereafter it authorises using the digital signature along with a QR code
E-Invoicing allows interoperability of invoices and helps reduce data entry errors It is designed to pass the invoice
information directly from the IRP to the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way bills too
ARTICLE
ICSI-NIRC Newsletter I July 2021 94
GoodsampServicesTax(GST)Council
GST Council is a constitutional body for making recommendations to the Union and State Government on issues related
to Goods and Service Tax The GST Council is chaired by the Union Finance Minister and other members are the Union
State Minister of Revenue or Finance and Ministers in-charge of Finance or Taxation of all the States
The Union Cabinet in its meeting held on 12th September 2016 approved setting-up of GST Council and setting up its
Secretariat As per Article 279A of the amended Constitution the GST Council which will be a joint forum of the Centre
and the States shall consist of the following members -
i Chairperson ndash Union Finance Minister
ii Vice Chairperson - to be chosen amongst the Ministers of State Government
iii Members - MOS (Finance) and all Ministers of Finance Taxation of each State
uuml Quorum is 50 of total members
uuml Decision by 75 majority
uuml States - 23 weightage and Centre - 13 weightage
uuml Council to make recommendations on everything related to GST including laws rules and rates etc
Introduction
stWe are living in 21 Century ie in the age of social media With the handy use of social media the question comes
whether these instant messages ie Whatsapp Messages are of any legal relevance and admissible in Courts
Lately now courts have begun to admit instant messages and pictures sent on these platforms as evidence in both
Criminal as well as Civil matters
ArewhatsappChatsadmissibleasEvidence
In this present digital world electronic devices are used frequently especially for business transactions One of the most
common tool for communication is Whatsapp With digitization the Indian judiciary has also become more advanced
and techno-friendly The Parliament had enacted the Information and Technology Act 2000 to redeine the deinition of
electronic record undersection2(1)(t)of Information and Technology Act 2000With the help of mobile phones
people are daily expressing themselves which results in extensive collection of records that may become evidence in
legal matters
CurrentScenarioofIndianlegalSystem
Section 65(B) of Indian Evidence Act was introduced in Information Technology Act 2000 in order to consider
electronic communication viz Email Computer generated documents Whatsapp messages etc as valid evidence in the
Courts of law A 3-judge bench of the Honble Supreme Court of India has recently clariied and elaborated the law on
thadmissibility of digital evidence in judicial proceedings vide its judgment dated 14 July 2020 in the matter of Arjun
PanditraoKhotkarvKailashKushanraoGorantyalampOrs
It was held that certiicate under Section 65B (4) of the Evidence Act (ldquoActrdquo) is essential for admissibility of electronic
records stating that the same is to the best of his knowledge and belief These measures are taken by the court to ensure
the source and authenticity of the electronic record Electronic evidence can be easily tampered altered with hence
these safeguards prove to be very signiicant to ensure justice especially in the cases where the conclusion of the trial is
based on the electronic records
1 The Punjab and Haryana High Court has ruled that WhatsApp messages may be relied upon by investigating
agencies during a crime investigation but a certiicate Section 65B of the Indian Evidence Act is essential for the
same (RakeshKumarSinglavUnionofIndia)
ARTICLE
ICSI-NIRC Newsletter I July 2021 95
Whether Whatsapp Chats areAdmissible In Courts
CS Akshit Gupta FCS
csakguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
2 AnvarPVVersusPKBasheer2014In this case the Court has interpreted Section 22A 45A 59 65A and 65B
of the Evidence Act and held that secondary information in CDDVDPen Drive is not acceptable without a
certiicate us 65 B (4) of Evidence Act
RelevanceoftheBlueTickintheAdmissibilityofWhatsappChat
The Bombay High Court while hearing an application iled by the SBICardsandPaymentsServicesPvtLtd(the
claimant)againstaresidentRohitJadhav observed that the defaulter who was evading the bank had not only
received the notice in a PDF ile but also opened it and read its contents This means he knows about the notice of bank
and he cannot invalidate such notice on the grounds of sending the same through the digital mode
JusticeGautamPatelheld in the above mentioned case that ldquoFor the purpose of service of the notice I will accept this I
do so because the blue icon indicators clearly show that not only were the message and its attachment delivered to the
respondents number but that both were openedrdquo
Conclusion
Laws relating to admissibility of electronic evidence are still facing some issues There are various questions which are
arising relating to authorship of certiicate Since admissibility of electronic evidence in the court are still facing few
issues even after the twenty years of Information Technology Act came into force we expect some major developments
and amendments in regards of these loophole
ARTICLE
ICSI-NIRC Newsletter I July 2021 96
dkekch dh jkg bruh vklku Hkh ugha
lius lHkh ckdh gS tks ns[ks Fks dHkhA
tu iy Hkj dk esjh fQrjr esa ugha
lQyrk dh cqfukn eSa fy[k jgk gwiexcl vHkhAA
rkmez bd [okc thfor jguk pkfg
esjs kgj ls d ubZ kqvkr gksuh pkfgA
eafty feys k uk feys s vyx ckr gS
lPph dksfkk dks mldk buke feyuk pkfgAA
ARTICLE
ICSI-NIRC Newsletter I July 2021 97
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
हम कपनी सिचव ह िसफ हार नही ह
िहम िशला पर िलखा वो लख नही जो पल म िपघल जाय
िशला पर िलखा वो लख ह जो अिमट अर ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
अजन की गाडीव सा कलम ह हमारा
क की सदसन सा तज ह ान
कानन की धाराओ और अनछदो स नही ह हम अनजान
ा ण भगर लोभनो क वजह स हम िनरर ह
कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
हम वा ही नही ितवा भी हम ही ह
हम वो ह जो िनर सदा ही ह
हम तो ान क गगन म गगनचर पख ह
कानन क जगत म हम एक अिधकत हार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
dEiuh lfpoCS Prahalad Kumar ACS
email2prahaladgmailcom
ला हो उस ालन को जो सघष की ितमित थी
आज अपन हजनो को ा चहरा िदखाएग
ाग आाकारता का कशल नततव सीखन वाल
ा आज भड़ चलो म फसन की वजह स हम सार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
कपनी पजीकरण स िवलय तक का समथ ाता ह हम
आिथक मदी स उबारन क िलए जान जात ह हम
िविध का पण ह कवल अर नही ह हम
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 98
InitiativesofChapters
Noida
bull On the occasion of PCS Day 2021 Tuesday 15th June 2021 Noida Chapter organised a webinar on the topic
Talk on Future Ready PCS- Insights into Future Challengesrdquo from 0500 pm to 0630 pm During the webinar
Noida Chapter of NIRC felicitated 2 Practicing Company Secretaries having more than 25 years of practice
experience amp 2 PCS irms with three or more partners Appreciation certiicates were given to them and they
shared their experience and journey briely
bull Webinar held on Friday 18th June 2021 from 0500 pm to 0630 pm on the topic Producer Company
Governanceamp Compliance
bull Webinar held on Saturday 19th June 2021 from 1100 am to 1230 pm on the topic Practical tips for settlement
of legal disputes
bull Webinar on the Topic ldquoRole of Company Secretaries During Covid and Post Covid Periodrdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part -1)rdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part - II)rdquo
bull Noida Chapter of NIRC of the ICSI organized four days Online NCLT Workshop on 3rd 4th 10th amp 11th June
2021 from 0500 pm to 0700 pm
bull In view of International Yoga Day Noida Chapter of NIRC organized 4 Yoga Sessions on four consecutive
Saturdays from 29thMay 2021 till 19thJune 2021
Bareilly
bull On 5th June 2021 Bareilly Chapter organized a webinar on the theme A brief overview of Recent Amendments amp
Relaxations under Companies Act 2013
bull On 19th June 2021 during the PCS Week one more webinar was organized by Bareilly Chapter on the theme
Opportunities under Insolvency and Bankruptcy Code
bull On 29th June 2021 5th One Day Orientation Program during 2021 for CS Executive students was organized by
the Chapter through virtual mode
Meerut
bull Online Study Circle for students on the topic of Recent amendments in CSR on 12062021
bull PCS Day - webinar on the topic Opportunities under Insolvency amp Bankruptcy Code on 18062021
Modinagar
bull Modinagar Chapter celebrated GST Day 2021 on 05th July 2021
ICSI-NIRC Newsletter I July 2021 99
Faridabad
bull MoU signing ceremony with Pt J L N Govt College FBD - 23042021 in Presence of Chairman NIRC (Virtual)
bull MoU Signing Ceremony with Aggarwal College FBD --10062021 in Presence of Chairman NIRC (virtual)
bull MoU Signing ceremony with IMT College FBD - 23062021 in presence of Chairman NIRC (Virtual)
bull MoU Signed with hospitals -
1) SSB Multi Heart Specialty Hospital on 17042021
2) QRG Hospital w e f 23032021
bull Study Session on Recent Amendments in Companies Act 2013 on Saturday 10th April 2021 at Chapter premises
bull 2nd EDP Batch(15 days) - Classroom Mode wef 03042021 to 20042021
bull PCS Day Celebration on Tuesday 15th June 2021 by Faridabad Chapter
bull WEBINAR on FDI under FEMA on Saturday 19062021
Kota
bull Kota Chapter is celebrating Student month by organizing various activities for students in July 2021
Jaipur
bull PCS Day celebrations week ( Five Webinar )
bull International yoga Day Celebration
bull Workshop at yoga 01062021 to 30062021
bull Vaccination Drive with Fortis Hospital
bull Joint Webinar by Chapter of Rajasthan
bull Online CAP
Gorakhpur
bull Gorakhpur Chapter conducted webinar on Deposit amp Loan to Director on 24th May 2021 The Chief Guest of the
webinar was CS Nagendra D Rao President ICSI and the Guest of Honour was CS HimanshuHarbola Treasurer
NIRC of ICSI
bull Gorakhpur Chapter also conducted webinar on ICSI Auditing Standards on 7th June 2021 The Chief Guest of the
webinar was CS Devendra D Deshpande Vice President ICSI and the Guest of Honour was CS Vimal Gupta
Chairman NIRC of ICSI
bull On 11th June 2021 Gorakhpur Chapter conducted webinar on Dematerialisation E-Voting and Other Issuer
Services of NSDL The Chief Guest of the webinar was CS MamtaBinani Past President ICSI and the Guest of
Honour was CS SusshilDaga Vice Chairman NIRC of ICSI
bull On the occasion of PCS Day 2021 A Panel Discussion was organised by Gorakhpur Chapter on the topic
Opportunities for Company Secretaries in Developing Cities on 15th June 2021 The Special Guest of the
programme was CS Manish Gupta Council Member ICSI The Panel discussed about the various opportunities for
CS in small and developing cities in India
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 100
bull On 27th June 2021 Gorakhpur Chapter organized Blood Donation Camp in collaboration with ICAI Gorakhpur
and JCI Gorakhpur More than 70 persons donated their blood in the camp
bull The Chapter also celebrated Van Mahotsav on 01st July 2021 and GST Day on 05th July 2021 On The occasion of
GST Day celebration
Bhilwara
bull Bhilwara Chapter of NIRC of ICSI organised a webinar on the topic Health Care in COVID-19 on 1st June 2021 The
chief guest of the webinar was CS Vimal Gupta Chairman NIRC
bull On the occasion of PCS Day Celebration Bhilwara Chapter organised a webinar on 12th June 2021 on the topic
Recent Amendments in Companies Act amp MCA Version 30 On that occasion Bhilwara Chapter felicitate the PCS
Members who are practicing 15 years and more
bull Bhilwara Chapter also organised a Yoga session for Members and Students on 19th June 2021
Karnal
bull Following Webinars were organised by Karnal Chapter for Members
1 3rd May 2021 on the topic Unpacking the Nuances of Oppression and Mismanagement
2 29th May 2021 on the topic Interpersonal and Professional Skills for Company Secretaries
3 09th June 2021 on the topic Recent Amendments in Companies Act 2013rdquo
4 16th June 2021 on the topic Interpretation of Statutes for Company Secretaries
bull PCS Day was celebrated with a Webinar on 15th June 2021 on the Theme Opportunities for Company Secretaries
bull In addition to this a Non academic session for Members was organised on 28th June 2021
bull For Students 1 Five days EDP (ADP) and 6 PDPs were conducted online
Udaipur
bull Udaipur Chapter conducted Free Vaccination Drive for Members Students and their Family Members on
24062021
bull Udaipur Chapter organised three Webinar for members on 07062021 15062021 and 26062021
bull Udaipur Chapter organised Yoga Session through virtual mode for members and students on 27th June 2021
bull Udaipur chapter organised Career Awareness Programme for Students
Ghaziabad
bull Ghaziabad Chapter organized 05 days webinar series from 11th June 2021 to 16th June 2021 and invited Senior
faculties during the series CS Vineet Chaudhary Central Council Member The ICSI was Chief Guest on June 15 2021
bull Ghaziabad Chapter organized MOU Signing Ceremony for Academic Collaboration between the ICSI and Maharishi
University of Information Technology on Tuesday June 29 2021 at Maharishi Law School Maharishi University of
Information Technology Maharishi Nagar Sec 110 Noida Uttar Pradesh 201304 CS Nagendra D Rao Honble
President The ICSI graced the occasion with his benign presence
bull Ghaziabad Chapter of NIRC of ICSI conducted a webinar on the topic ldquoStay Positiverdquo with view of giving enthusiasm
and undeniable energy to all the members to express themselves their fears their positive thoughts everything amp
The need of the hour is Expression as well as Motivation on Saturday June 26 2021
bull Ghaziabad Chapter of NIRC of ICSI celebrated International Yoga Day
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 101
CSBF
COMPANYSECRETARIESBENEVOLENTFUND
MEMBERSENROLLEDREGIONWISEASLIFEMEMBERSOFTHECOMPANYSECRETARIESBENEVOLENTFUND
DURINGTHEPERIOD01032021TO30062021
REGION LMNO NAME MEMBNUMBER
NIRC
1 14821 MR GAURAV KUMAR MODI ACS - 64694
2 14830 MR ANKIT ANIL PARDESHI ACS - 62406
3 14831 MR SHAH NAWAZ ACS - 41049
4 14832 MS RICHA KHANDELWAL ACS - 47398
5 14838 MR AMRENDER KUMAR YADAV ACS - 41946
6 14839 MS RENU KATHURIA ACS - 34023
7 14844 MR SUMIT KUMAR SINGH ACS - 50243
8 14857 MR PARITOSH CHAUHAN ACS - 42603
9 14862 MS RIYA KHURANA ACS - 58282
10 14868 MS VRUSHALI RAJESHKUMAR DARJI ACS - 54675
11 14869 MR AMIT KUMAR MANGLA ACS - 32638
12 14870 MS KHUSHBOO BHATT ACS - 43508
13 14872 MR VIKASH GUPTA FCS - 9198
14 14876 MR ATUL KUMAR SINGH ACS - 38572
15 14880 MR ANSHUL JAIN ACS - 43863
16 14882 MR AMAN RATRA ACS - 55296
17 14888 MS CHAKSHOO MEHTA ACS - 42309
18 14892 MS DIVYA GAUR ACS - 47360
19 14897 MR ANKIT GOEL ACS - 52633
20 14902 MR SANDEEP KUMAR FCS - 9075
21 14907 MR SAURABH JAIN ACS - 45759
22 14908 MR MANISH KUMAR VERMA FCS - 10023
23 14909 MR HIMANSHU YADAV ACS - 44654
24 14912 MR ANKUR DUDANI ACS - 63498
25 14917 MR PANKAJ SHARMA ACS - 61152
26 14918 MS NAVITA GUPTA ACS - 51316
27 14919 MS ARSHDEEP KAUR JUDGE ACS - 33911
28 14923 MR KARM SAWHNEY ACS - 64986
ICSI-NIRC Newsletter I July 2021 102
CSBF
29 14926 MR LALIT KUMAR ACS - 49701
30 14930 MR DEVESH UPPAL ACS - 53648
31 14937 MS JASLEEN KAUR ACS - 55304
32 14941 MR DHRUV SHARMA FCS - 10760
33 14942 MR MOHD ZAFAR FCS - 9184
34 14944 MR CHANDRAKANT GUPTA ACS - 50829
35 14945 MR AKSHAY SACHAN ACS - 55246
36 14947 MR ARPIT KALANI ACS - 63919
37 14951 MR VIPUL JAIN ACS - 59021
38 14961 MR DHEERAJ ACS - 27493
39 14967 MR MAYANK ACS - 57784
40 14968 MR ASHU DHALL ACS - 50635
41 14971 MR PRINCE KUMAR FCS - 11000
42 14972 MR SUMIT GOYAL ACS - 54398
43 14974 MS DIVYA KHANNA ACS - 53941
44 14976 MS MONIKA GUPTA ACS - 59297
45 14979 MR MOHAMMAD KHALID ACS - 34335
46 14980 MR MUSTKEEM ACS - 56334
47 14982 MR SURESH KUMAR GUPTA FCS - 11059
48 14987 MS SONI PANDIYA ACS - 60696
49 14989 MR PRADEEP KUMAR ACS - 63052
50 14993 MR ANUPAM SRIVASTAVA ACS - 54503
51 15000 MR ROHIT SHRIVASTAVA ACS - 56732
52 15007 MR BHANU BHARGAVA ACS - 30370
53 15010 MS POOJA SINGH ACS - 39178
54 15012 MR NITESH KUMAR JHA ACS - 64377
55 15013 MR ASHWANI KUMAR ACS - 53574
56 15018 MR DEEPENDRA KUMAR MISHRA ACS - 63335
57 15024 SH PIYUSH AGARWAL ACS - 25165
58 15028 MR WASEEM ANWAR ACS ndash 39572
59 15029 SH VIKAS SETHI ACS - 17411
60 15037 MR SHOBHIT KUMAR KUSHWAHA ACS - 46660
61 15039 MR RAVI SHARMA ACS - 54818
62 15044 MR ANURAG PANDEY ACS - 50091
ICSI-NIRC Newsletter I July 2021 103
CSBF
63 15051 MS SHIVANGI SHARMA ACS - 59088
64 15053 MS DEEPTI JOSHI ACS - 51950
65 15058 MR JAGBIR SINGH FCS - 10983
66 15061 MR LOKESH SHARMA ACS - 50553
67 15062 MR KAMRAN SIDDIQUI ACS - 46943
68 15065 MS NEHA SRIVASTAVA ACS - 43927
69 15066 MS RUPALI SHARMA ACS - 37249
70 15070 MR SACHIN GUPTA ACS - 60203
71 15077 SH ASHISH MALKOTIA ACS - 17526
72 15078 MS NIDHI BHARDWAJ ACS - 56098
73 15080 SH ABHINAV RASTOGI ACS - 17692
74 15084 MR ASHISH MISRA ACS - 29368
75 15091 SH RATNESH PRASAD RUKHARIYAR FCS - 5833
76 15094 MR RAHUL CHOUDHARY ACS - 52647
77 15096 MR SHRAWAN KUMAR SHUKLA ACS - 53492
78 15099 MR SHIVAM GOEL ACS - 57386
79 15103 MR YOGESH MAHESHWARI ACS - 39675
80 15106 MS ANUJA JAIN ACS - 57084
81 15107 SH BANOJ KUMAR PRADHAN ACS - 15324
82 15116 MS REETIKA JHOTA ACS - 22130
83 15124 MS SANJANA CHHABRA ACS - 49167
84 15125 MR VAIBHAV SHUKLA FCS - 10556
85 15127 MS POOJA AGGARWAL ACS - 27524
86 15130 MR BHUPENDRA KAUSHIK FCS - 9884
87 15132 MS GAUTAMI GUPTA ACS - 57547
88 15138 MS SHINJINI MUKHERJEE ACS - 65425
89 15140 MS DEEPIKA SIDANA ACS - 55544
90 15141 MR ANMOL KAPOOR ACS - 57017
91 15142 MR KARAN SINGH ACS - 46641
92 15143 SH VIJAY KUMAR KAKKAR ACS - 25145
93 15144 MR NARENDER KUMAR ACS - 40175
94 15150 MS MANSI AWANA ACS - 36655
95 15154 MR AMIT KUMAR ACS - 61851
96 15155 MR AYUSH KUMAR JAIN ACS - 56424
97 15156 MS REKHA RANI NARANIWAL ACS - 38803
ICSI-NIRC Newsletter I July 2021 104
CSBF
98 15158 MS ANJALI GUPTA ACS - 20688
99 15164 MS NIDHI DANG FCS - 10548
100 15168 MR GYANESH KUMAR MISHRA ACS - 46816
101 15170 MS JASWANT KAUR ACS - 18106
102 15173 MS MEHAK GUPTA FCS - 10703
103 15175 MS SHILPI FCS - 11047
104 15177 MS SHEETAL NAHARIA FCS - 11193
105 15178 SH SURENDRA KUMAR SHARMA FCS - 5737
106 15180 MR ASHISH BANSAL ACS - 40217
107 15195 SH NARENDER KUMAR SHARMA FCS - 3189
108 15198 MS POOJA KUMARI ACS - 41504
109 15201 MS UPASNA THAKRAL ACS - 35559
110 15202 MS RENU ACS - 50393
111 15206 MR SWAPNIL AWASTHI ACS - 65802
112 15209 MS ANSHULA CHOUDHARY FCS - 10639
113 15220 MR ISHAN KHANNA ACS - 53517
114 15232 MS VIDHI KANSAL ACS - 24018
115 15233 MR NEERAJ KUMAR KHATRI ACS - 36858
116 15234 MR NIRBHAY ROCHWANI ACS - 44914
117 15235 MR SUMIT RAWAT ACS - 58125
118 15237 MS ARCHITA GUPTA ACS - 39294
119 15238 MS ANKITA GUPTA ACS - 27518
120 15239 SH SATISH KUMAR NIRANKAR FCS - 9605
121 15241 SH VIKASH JOSHI ACS - 19524
122 15245 MR VIKAS YADAV ACS - 43530
123 15250 MRS SHALU VARSHNEY ACS - 17344
124 15253 MS DEEPTI ARORA ACS - 31707
125 15254 MR MOHIT VARSHNEY ACS - 60762
126 15255 MS SHIKHA GOYAL ACS - 60381
127 15257 MS ANNU GUPTA ACS - 47525
128 15258 MR NITESH KUMAR YADAV ACS - 61297
129 15259 MR AAKARSHIT JAI ACS - 63632
130 15260 MS MEHAK MONGA ACS - 43728
131 15261 MR GAUTAM KHURANA ACS - 64072
132 15262 MR ISHAAN SHARMA ACS - 65147
133 15263 MS PALLAVI KAPOOR ACS - 64753
134 15264 MS MANISHA GUPTA ACS - 62708
135 15266 SH LALAN KUMAR SINGH FCS - 7837
136 15269 MR AKASH KANDOI ACS - 48651
137 15272 MR NISHANT PRITAM RAJ ACS - 64110
138 15273 MR INDRA JEET YADAV FCS - 10330
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ICSI-NIRC Newsletter I July 2021 04
FROM THE CHAIRMAN
DearProfessionalColleagues
Greetings from ICSI-NIRC
I hope that all of you are safe and doing well in both personal and professional life NIRC is doing its bit in developing the
skill sets of both members and students by way of organizing various Master Classes Webinars training programs etc
NIRC is overwhelmed by the response of participants in its endeavors I request you keep supporting the events of NIRC
at Regional and Chapter level
The 40th Annual General Meeting of the members of the Institute of Company Secretaries of India (ICSI) in the Northern
Region forming part of Northern India Regional Council (NIRC) is scheduled to be held on Wednesday the 28th July
2021 at 1000 AM through online video conferencing
NIRC has announced another Virtual MSOP I am sure that participants are taking full advantage of learning while sitting
at the comfort of Home At the same time I wish that we may switch over to Physical mode as soon as possible NIRC will
be hosting 21st All India Essay Writing Competition We will share the details in due course
Friends it has been continuous endeavor of the NIRC to support all its stakeholders I take this opportunity to briely
highlight some of the major activities developments that have taken place during the month of Juneamp July 2021
thWebinaronOpportunitiesunderArbitrationon17 June2021thNIRC organized a Webinar on theme Opportunities under Arbitration on 17 June 2021 CS NPS Chawla Central
Council Member ICSI amp Associate Partner Vaish Associates was the Guest speaker during the webinar CS GS Sarin Past
Chairman NIRC-ICSI was the Program Director The webinar was attended by around 600 members The webinar was
part of PCS Day week long celebrations I wish to place on record my sincere thanks and gratitude to the Guest Speaker
for sparing his time amp sharing his words of wisdom with the participants
WebinaronOpportunitiesasRegisteredValueron18June2021
NIRC organized a Webinar on the theme Opportunities as Registered Valuer on 18th June 2021 CS (Dr) Ajay Garg
Corporate Valuer Counsel and Lawyer was the Guest speaker during the webinar CS GS Sarin Past Chairman NIRC-ICSI
was the Program Director The webinar was attended by around 600 members The webinar was part of PCS Day week
long celebrations I am thankful to CS (Dr) Ajay Garg ji for sparing his time amp sharing his rich experience with the
delegates present
ICSI-NIRC Newsletter I July 2021 05
FROM THE CHAIRMAN
WebinaronDiscussiononPrinciplesofGovernancefromIndianScriptureson19
June2021
NIRC organized a Webinar on the theme Discussion on Principles of Governance from Indian Scriptures on 19th June
2021 CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of
Accountants) was the Guest speaker CS Amit Gupta Regional Council Member NIRC-ICSI was the Program DirectorI am
thankful to CS (Dr) P V S Jagan Mohan Rao ji for sharing his knowledge and keeping the session interactive
FelicitationCeremonyOrganizedByNIRC-ICSIasPartofPCSDayCelebrationson19
June2021
With a view to commemorate PCS Day on 15th June NIRC of ICSI as part of PCS Day celebrations organized a Felicitation
Ceremony through online mode on 19th June 2021 to felicitate the following -
1 Company Secretaries who are in Practice for more than 25 years
2 Firms of Company Secretaries in Practice having minimum of 3 Partners as on date
3 Firms of Company Secretaries in Practice having minimum of 3 qualiied Company Secretaries on rolls (with CS
in) as on date
CelebrationsofInternationalDayofYoga2021
ICSI ICAI amp CMA jointly commemorated International Day of Yoga by organizing a Webinar on How to Rejuvenate from stCOVID Impact through Yoga on 21 June 2021 Swami Ramdevji International Yog Guru was the Chief Guest CA (Dr)
Girish Ahuja Tax Guru CS Nagendra D Rao President ICSI CA Nihar N Jambusaria President ICAI and CMA Biswarup
Basu President CMA were the Guest of Honour The Webinar was attended by around 45000 participants I am thankful
to all the dignitaries for sparing their time and encouraging the participants to do Yoga
4DaysonlineMasterClassonGST-NewOpportunities(21edition)
NIRC organized 4 Days Online Master Class on theme GST Opportunities from Tuesday 28th June 2021 to Saturday
03rd July 2021 The Master Class was to commemorate GST Day CS (Adv) Sumit Wadhwa Abbot Law Ofice was the
Guest Speaker on 28th June 2021 He spoke on the topic GST Fundamentals ndash Practical Overview CA Akshay Kumar
Jain Akshay Kumar Jain amp Co LLP was the Guest Speaker on topic Input Tax Credit and Returns on 30th June 2021 CS
Jagmohan Bansal Sr Advocate was the Guest Speaker on 2nd July 2021 He spoke on the topic Role of Professional And
Litigations in GST Arena and CS Sanjay Malhotra Practicing Company Secretary was the Guest Speaker on 3rd July
2021 His coverage included Time and Place of Supply - Relevance And Signiicance CS GS Sarin Chairman PCS
Committee and Past Chairman NIRC-ICSI was the Program Director The Master Class was attended by good number of
Participants I am thankful to all the speakers for sparing their valuable time and sharing their rich experience with the
members
nd4DaysonlineMasterClassonFEMA(22 edition)
NIRC organized 4 Days Online Master Class on theme FEMA from Monday 05th July 2021 to Thursday 08th July 2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells was Guest
Speaker He covered the topics which includes Foreign Direct Investments amp Overseas Direct Investments External
Commercial Borrowings (ECB) amp Imports Export amp Liberalised Remittance Scheme (LRS) Compounding under FEMA
amp Late Submission Fees etc The Master Class was attended by good number of Participants I am thankful to CS Atul
Mittal ji for sparing his valuable time on all four days of Master Class and sharing his words of wisdom with the
participants
ICSI-NIRC Newsletter I July 2021 06
FROM THE CHAIRMAN
WebinaronSEBI-LODRon9July2021
NIRC organized a Webinar on the theme SEBI-LODR on 9th July 2021 Ms Purna Devi Director Global Compliance amp
Reporting Entity Compliance and Governance EY was the Guest speaker CS Himanshu Harbola Treasurer NIRC-ICSI
was the Program Director I am thankful to the speaker for sparing her time and sharing of knowledge with the
participants
ICSIMegaPlacementDrive-I
ICSI Mega Placement Drive I of Northern Region is scheduled through Virtual mode for young members This provides
beneit to both recruiters and candidates as its convenient to interact without getting into the hassle of commuting and
still getting the insight of the Organizations and Candidates
StudentMonth
ICSI-NIRC celebrated the month of July 2021 as the Student Month starting with planting of sapling on 1st July 2021 ie
Van Mohatsav and subsequently various online activities were organized for students including Life Skills Sessions Soft
Skills Sessions PPT making Competition Samadhan Divas etc A good number of students participated in all the
activities
ManagementSkillsOrientationProgram(MSOP)
Valedictoryof321batchofMSOP
The Valedictory function of 321st Batch of MSOP held on 17th June 2021 CS Vijay Kumar Kaul Practicing Company
Secretary was the Chief Guest of the occasion We distributed the MSOP Completion certiicates and awards to the
participants
Inaugurationof322ⁿBatchofMSOP
We inaugurated 322nd Batch of MSOP through online mode on 29th June 2021
OnlineCareerAwarenessPrograms
NIRC organized various Online Career Awareness Programs for Students and Teachers of various Schools amp Colleges We
apprised the students and their parents about the Role of Company Secretary Company Secretary in Employment
Company Secretary in Practice and Eligibility Validity and Cut-off Dates for Registration in CS
I look forward to your valuable suggestions and feedback Feel free to interact with me at chairmannircicsiedu
Stay Safe Stay Healthy take care
With best regards
CSVimalGuptaChairmanNIRC-ICSI
Mob99833242829314324282
GLIMPSES
ICSI-NIRC Newsletter I July 2021 08
GLIMPSES
CelebrationsofInternationalDayofYoga2021
Swami Ramdev ji International Yog Guru CS Nagendra D Rao President ICSI CS Manish Gupta Central Council
Member ICSI CS Vimal Gupta Chairman NIRC-ICSI and CA (Dr) Girish Ahuja Tax Guru addressing the Participants
Screen View of session
ICSI-NIRC Newsletter I July 2021 09
GLIMPSES
WebinaronthethemeOpportunitiesunderArbitrationon17June2021
CS NPS Chawla Central Council Member ICSI amp Associate Partner Vaish Associates addressing the Participants Also
seen CS Vimal Gupta CS Devender Suhag Secretary NIRC-ICSI CS GS Sarin Past Chairman NIRC-ICSI and CS Sonia
Baijal Regional Director NIRC-ICSI
WebinaronthethemeOpportunitiesasRegisteredValueron18June2021
CS (Dr) Ajay Garg Corporate Valuer Counsel and Lawyer addressing the Participants Also seen CS Vimal Gupta and CS
GS Sarin
FelicitationCeremonyorganizedbyNIRC-ICSIaspartofPCSDaycelebrationson19June2021
CS Vimal Gupta CS Manish Gupta CS NPS Chawla CS Nesar Ahmad Past President ICSI CS Suresh Pandey Immediate
Past Chairman NIRC-ICSI CS GS Sarin CS Saurabh Kalia Regional Council Member NIRC-ICSI CS Monika Kohli Regional
Council Member NIRC-ICSI and CS Bhupesh Gupta Regional Council Member NIRC-ICSI addressing the Participants
ICSI-NIRC Newsletter I July 2021 10
GLIMPSES
FelicitationofmembersonPCSDay
WebinaronthethemeDiscussiononPrinciplesofGovernancefromIndianScriptureson19June2021
CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of Accountants)
addressing the Participants Also seen CS GS Sarin CS Suresh Pandey CS Amit Gupta Regional Council Member NIRC-
ICSI CS Saurabh Kalia and CS Sonia Baijal
WebinaronThemeSEBI-LODRon9July2021
Ms Purna Devi Director Global Compliance amp Reporting Entity Compliance and Governance EY addressing the
Participants Also seen CS Vimal Gupta CS Himanshu Harbola Treasurer NIRC-ICSI and CS Sonia Baijal
FelicitationofmembersonGSTDay
ICSI-NIRC Newsletter I July 2021 11
GLIMPSES
4DaysOnlineMasterClassonGSTOpportunities(21Edition)from28June2021to03July2021
Day129062021
CS (Adv) Sumit Wadhwa Abbot Law Ofice addressing the Participants Also seen CS Vimal Gupta and CS GS Sarin
Day230062021
CA Akshay Kumar Jain Akshay Kumar Jain amp Co LLP addressing the Participants Also seen CS GS Sarin
Day302072021
CS Jagmohan Bansal Sr Advocate addressing the Participants Also seen CS GS Sarin
Day403072021
CS Sanjay Malhotra Practicing Company Secretary addressing the Participants Also seen CS GS Sarin and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 12
GLIMPSES
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiUniversityofInformationTechnology
CS Nagendra D Rao President ICSI CS Sonal Jain Chairperson Ghaziabad Chapter of NIRC-ICSI CS Sakshi Mittal
Management Committee Member Ghaziabad Chapter of NIRC-ICSI and CS Arjunn Kr Tyagi Immediate Past Chairman
Ghaziabad Chapter of NIRC-ICSI addressing the Participants Also seen Dr Annu Behl Mehra Prof MUIT Dr Akhand
Pratap Singh Registrar MUIT Prof (Dr) KB Asthana Dean Maharishi Law School MUIT CS Awanish Srivastava Mr A
K Srivastava Joint Secretary ICSI CS Nitin Goel Mr Vinay Kumar Chapter Incharge Ghaziabad Chapter of NIRC-ICSI
along with other dignitaries
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiAggarwalCollegeBallabgarhFaridabadInstituteofManagementampTechnology
FaridabadampPtJLNGovtCollegeFaridabad
CS Vimal Gupta CS Arun Goel Chairman Faridabad Chapter of NIRC-ICSI CS Anmol Nakra Vice- Chairman Faridabad
Chapter of NIRC-ICSI Dr Krishan Kant Principal Aggarwal College Dr Rekha Sain Dr Manoj Shukla Aggarwal College
Prof (Dr) Ravi K Handa Director IMT College Dr Parul Khanna Vice- Principal IMT College Dr M K Gupta Principal
Pt JLN Govt College Ms Preeti Kapoor Asso Prof Pt JLN Govt College Ms Suman Iyer EO Faridabad Chapter of NIRC-
ICSI along with other dignitaries
ICSI-NIRC Newsletter I July 2021 13
GLIMPSES
stValedictoryFunctionndash321 MSOP
CS Vijay Kumar Kaul Practicing Company Secretary CS Vimal Gupta CS SusshilDaga Vice-Chairman NIRC-ICSI CS
Devender Suhag CS Himanshu Harbola CS Suresh Pandey CS GS Sarin and CS Surya Kant Gupta Regional Council
Member NIRC-ICSI addressing the Participants
ndInauguralFunctionndash322 MSOP
CS Vimal Gupta and CS Suresh Pandey addressing the Participants
4DaysOnlineMasterClassonFEMA(22ⁿEdition)from5July2021to8July2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells addressing the
Participants Also seen CS Vimal Gupta CS Devender Suhag and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 14
AGM
Notice is hereby given that the 40th Annual General Meeting of the members of the Institute of Company Secretaries of
India (ICSI) in the Northern Region forming part of Northern India Regional Council (NIRC) will be held on Wednesday
the 28th July 2021 at 1000 AM through online video conferencing at the link to transact the httpsbitly3qUlgZZ
following business(es)-
1 To receive consider and adopt Audited Balance Sheet as at 31st March 2021 the Income and Expenditure
account for the year ended on that date Report of the Regional Council and Auditors Report thereon
2 To appoint Ms Mukesh A Mittal amp Co Chartered Accountants Delhi as Statutory Auditors in place of retiring
Auditors Ms Mittal amp Mittal Associates Chartered Accountants to hold ofice from the conclusion of this Annual
General Meeting until conclusion of the next Annual General Meeting and to ix their remuneration
By order of The Northern India Regional Council of ICSI
Notice Of Annual General Meeting
(CSDEVENDERSUHAG)SecretaryNIRC-ICSIPlace New Delhi
Dated 13 July 2021
Note(s)
1 The members are requested to send their queries on inancial accounts andor functioning of NIRC through email
at niroicsiedu at least three (3) days in advance so that answers may be made available at the meeting
2 Members are requested to update the changes in their address(es) e-mail IDs contact details and other
particulars in their respective members account on ICSI portal for enabling NIRC to disseminate information
about activities and programs
3 In order to promote the Green Initiative the ICSI vide its letter dated 21102011 directed all its Regional Councils
to send the Annual Report to the members through electronic mode Accordingly NIRC is sending Annual Report
for the year 2020-21 through e-mail Members may also viewdownload Annual Report from the child portal of
NIRC ICSI (httpswwwicsiedunirohome)
4 Due to COVID-19 no physical copy of Annual Report shall be available for reference of the members
5 Web link to Join Annual General Meeting is (the link will be activated at 0940 AM on 28th httpsbitly3qUlgZZ
July 2021)
ICSI-NIRC Newsletter I July 2021 15
AGM
To
TheMembersofNIRCoftheICSI
REPORTONTHEAUDITOFTHEFINANCIALSTATEMENTS
Opinion
We have audited the accompanying standalone inancial statements of NORTHERNINDIAREGIONALCOUNCILOF
THEINSTITUTEOFCOMPANYSECRETARIESOFINDIANew Delhi which comprise the Balance Sheet as at 31st March
2021 and the statement of Income and Expenditure Cash Flow and a summary of the signiicant accounting policies and
other explanatory information
In our opinion and to the best of our information and according to the explanations given to us said Balance Sheet the
Income and Expenditure Account and Cash Flow Statement read together with the Schedule amp Notes thereon give a true
and fair view
1 In so far as it relates to the Balance Sheet of the State of Affairs of the NIRC of the ICSI as at 31st March 2021 and
2 In so far as it relates to the Income amp Expenditure account of the Excess of Income over the Expenditure of the
NIRC of the ICSI for the year ended on that date
3 In so far as it relates to the Cash Flow Statement of Cash Flow of the NIRC of the ICSI for the year ended on that
date
BasisforOpinion
We conducted our audit in accordance with the Standards on Auditing (SAs) generally accepted in India Our
responsibilities under those Standards are further described in the Auditors Responsibilities for the Audit of the
Financial Statements section of our report We are independent of the Entity in accordance with the Code of Ethics
issued by the Institute of Chartered Accountants of India together with the ethical requirements that are relevant to our
audit of the inancial statements and we have fulilled our other ethical responsibilities in accordance with these
requirements and the Code of Ethics We believe that the audit evidence we have obtained is suficient and appropriate
to provide a basis for our opinion
ResponsibilityoftheManagementfortheFinancialStatements
The NIRC of the ICSI are responsible for the preparation of these inancial statements that give a true and fair view of the
inancial position and inancial performance and cash low of NIRC of the ICSI in accordance with the accounting
principles generally accepted in India and formulated by the ICSI This responsibility also includes maintenance of
adequate accounting records in accordance with the applicable provisions for safeguarding the assets of the NIRC of the
ICSI and for preventing and detecting frauds and other irregularities selection and application of appropriate
accounting policies making judgments and estimates that are reasonable and prudent and design implementation and
maintenance of adequate internal inancial controls that were operating effectively for ensuring the accuracy and
completeness of the accounting records relevant to the preparation and presentation of the inancial statements that
give a true and fair view and are free from material misstatement whether due to fraud amp error
Independent auditorrsquos report
ICSI-NIRC Newsletter I July 2021 16
AGM
AuditorsResponsibilitiesfortheAuditoftheFinancialStatementsOur objectives are to obtain reasonable assurance about whether the inancial statements as a whole are free from
material misstatement whether due to fraud or error and to issue an auditors report that includes our opinion
Reasonable assurance is a high level of assurance but is not a guarantee that an audit conducted in accordance with SAs
will always detect a material misstatement when it exists Misstatements can arise from fraud or error and are
considered material if individually or in the aggregate they could reasonably be expected to inluence the economic
decisions of users taken on the basis of these inancial statements
As part of an audit in accordance with SAs we exercise professional judgment and maintain professional skepticism
throughout the audit We also
bull Identify and assess the risks of material misstatement of the inancial statements whether due to fraud or
error design and perform audit procedures responsive to those risks and obtain audit evidence that is
suficient and appropriate to provide a basis for our opinion The risk of not detecting a material misstatement
resulting from fraud is higher than for one resulting from error as fraud may involve collusion forgery
intentional omissions misrepresentations or the override of internal control
bull Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and
related disclosures made by management
bull Conclude on the appropriateness of managements use of the going concern basis of accounting and based on
the audit evidence obtained whether a material uncertainty exists related to events or conditions that may cast
signiicant doubt on the Entitys ability to continue as a going concern If we conclude that a material
uncertainty exists we are required to draw attention in our auditors report to the related disclosures in the
inancial statements or if such disclosures are inadequate to modify our opinion Our conclusions are based on
the audit evidence obtained up to the date of our auditors report However future events or conditions may
cause the Entity to cease to continue as a going concern
bull Evaluate the overall presentation structure and content of the inancial statements including the disclosures
and whether the inancial statements represent the underlying transactions and events in a manner that
achieves fair presentation
Furtherwereportthat a) We have obtained all the information and explanations which to the best of our knowledge and belief were
necessary for the purpose of our audit
b) In our opinion proper books of accounts as required by law amp ICSI have been kept by the Regional Council
so far as it appears from our examination of books amp records
c) The Balance Sheet the Income and Expenditure Account and Cash Flow Statement are in agreement with
the books of accounts presented before us
d) In our opinion Income and Expenditure Account Balance Sheet and Cash Flow Statement comply with the
accounting guidelines as adopted by the Institute
For MITTAL amp MITTAL ASSOCIATES
CHARTERED ACCOUNTANTS
Firm Regn No 014511N
Sd-
(CAMUKESHMITTAL)
Membership No 092534
Partner Place New Delhi
Date 01062021
UDIN 21092534AAAADH2668
ARTICLES
Introduction
A change always have positive and negative effects Same happened with this law called Goods and Service Tax BJP
Government was trying to introduce this concept since 2002 The committee for GST was formed in the year 1999 by our
Prime Minister Atal Bihari Vajpayee It was our Prime Minister who in the year 1999 understood that there shall be
single indirect tax system among the country to reduce the burden on the businessman But the approval from the
opposition took too long to implement Just like said earlier that changes always lead to discussions and disagreement st
GST was the idea of Mr Atal Bihari Vajpayee and came into force under the Modi Government on 01 July 2017 midnight
Along with opposition party (congress) businessmen common people shopkeepers etc were against the government
It was hard for them to accept GST
WhichcountryGSTModelAdoptedbyIndia
GST was irst adopted by France in the year 1954 with 4 tax slab rates (21 55 10 and 20) Amongst the tax
rates 20 is the standard rate applicable to most of the goods in France After France more than 140 countries adopted
GST model and some of the countries adopted Dual-GST model Canada is one of the country with dual GST model and
India adopted the same
Dual-GST It is referred where tax is collected by federal government and then distributed to respective states
WhyGSTwasimplementedinIndia
The main objective of GST implementation was to eliminate double taxation ie from manufacturing level to
consumption level Earlier VAT and sales tax was part of indirect tax and manufactures were liable for VAT and consumer
was liable for Sales tax due to which price of the product used to increase For the beneit of the nation GST came into
effect in the year 2017 despite of any reluctance to the changes
Earlier many were against the GST model but slowly and steadily they understood that with the introduction of GST the
pricing of the product has been made easy and cost of some products has been introduced With the introduction of GST
businesses are able to earn proit because of One Nation One Tax formula
Since the launch of GST government implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull 025 applied to cut and semi-polished stones
bull 5 on household necessities such as sugar spices tea and coffee
bull 12 on computers and processed food
bull 18 on toothpaste hair oil soap etc
bull 28 to luxury items such as cigarettes cars bike refrigerators etc
Goods andService TaxCS Yati Mittal ACS
csyatimittalgmailcom
ARTICLE
ICSI-NIRC Newsletter I July 2021 18
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TypesofGST
1 Central Goods and Service Tax (CGST) It is charged on the intra state supply of products and services
2 State Goods and Service Tax It is charged on the supply of products and services within the state
3 Integrated Goods and Service Tax It is charged on the inter state supply of products and services
4 Union Territory Goods and Service Tax It is charged on the supply of goods and services of Union Territories
HowtoavailGSTNumber
Under GST regime below persons are required to obtain GST IN number
1 Any businesses whose turnover exceeds Rs 40 Lakh in a inancial year for a normal category states and
Rs20 lakh for a special category states
2 Person registered under previous law (VAT Service Tax)
3 Registered business that has been transferred
4 Person making inter-state supplies
5 Non-resident taxable person
6 Agents of the supplier
7 Those paying tax under reverse charge mechanism
8 Person supplying online information and database access or retrieval
9 Person who supplies via e-commerce aggregator
Eligible persons are required to follow below mentioned steps to obtain GST IN number
1 Visit GST Portal
2 Click on Registration tab under Services tab and select NewRegistration
3 An application form will be opened which is divided in two parts ie Part A and B
4 Eligible persons are required to ill in the details so asked and submit the same
5 After submitting the required details ARN (Application reference number) will be sent to the registered
email id and mobile number for future reference
GSTFilingStructure
There are three types of GST taxpayer
Regular Taxpayers Composition TaxablePersons
Returns forSpeciic Transactions
ICSI-NIRC Newsletter I July 2021 19
ARTICLE
A RegularTaxpayers
Form GSTR-1 and GSTR-3B are to be iled by businesses and professionals registered with GST every month if their
annual turnover is exceeds Rs 5 crore Other taxpayer had an option to choose a quarterly return iling
From the quarter January 2021 even the businesses and professional whose turnover exceeds Rs 5 crore has an
option to opt for QRMP (Quarterly Return and Monthly Payment) Scheme where they can ile GSTR-1 and 3B
quarterly with monthly estimated GST payment
B CompositionTaxablePersons
A person registered under this scheme has to ile Form CMP-08 quarterly and Form GSTR-4 yearly by 30 April from
year 2019-2020 onwards Till FY 2018-19 persons registered under this scheme were liable to ile Form GSTR-4
quarterly and GSTR-9A annually
C ReturnsforSpeciicTransactions
Special transactions under GST have been deined with speciic GST returns such as
bull GSTR-5It is iled by non-resident foreign taxpayers who are registered with GST and carry their business in
thIndia It shall be iled by 20 of each month
bull GSTR-5A It is a summary return for reporting the outward taxable supplies and tax payable by Online
thInformation and Database Access or Retrieval Services (OIDAR) provider under GST It shall be iled by 20 of
each month
bull GSTR-6 It is iled by Input Service Provider This form carry the details of input tax credit received and
thdistributed It shall be iled by 13 of each month
bull GSTR-7It is iled by person who are liable to deduct TDS This form will contain details of TDS payable paid and
thclaimed It shall be iled by 10 of every month
bull GSTR-8Return iled by e-commerce operators registered under GST and who collects Tax at source (TCS) The
threturn shall be iled by 10 of every month
Conclusion
Persons businesses professionals registered GST has to ile the form as per the dates prescribed They will not be able to
ile any next return if any month quarter or year return is pending from their sides Moreover if there is any late iling
then interest and late fees are being calculated Following are the interest rates and penalties that are being levied on
late submission of forms
bull Interest 18 pa shall be calculated on the outstanding amount It shall be calculated on the net tax liability in
the ledger The interest shall be levied from the very next day of due date of actual date of form iling
bull As per CGST and SGST Rs 100- per day each late fees is levied which shall not exceed Rs 5000- No late fee is
prescribed under IGST
ICSI-NIRC Newsletter I July 2021 20
GST stands for Goods and Services Tax which became effective from July 1 2017 in India as one tax one nation It is an
Indirect tax which introduced to replacing a host of other Indirect taxes such as value added tax service tax purchase
tax excise duty and so on
GST is a destination-based tax levied on the consumption of goods and services across the nation thus rendering the
country one uniied common market
GST is a multi-stage tax system which is comprehensive in nature and applied on the sale of goods and services
throughout India
Aim The main aim of this taxation system is to curb the cascading effect of other indirect taxes
The goods and services tax (GST) is a value-added tax levied on most goods and services sold for domestic consumption
The GST is paid by consumers in addition of the sales price of the product but it is remitted to the government by the
businesses selling the goods and services
goods andservice tax (gst)
ARTICLE
ICSI-NIRC Newsletter I July 2021 21
CS Parul Jain ACS
csparulnishujain10121gmailcom
Destination-based tax vs Origin-based tax
A destination-based tax is one which is levied in the state where the goods or services are consumed and not where they
are produced On the other hand an origin-based tax is levied in the state where goods or services are produced (not
consumed) The views expressed are personal views of the author
and it should not be taken as views of the NIRC-ICSI
ARTICLE
GST is paid by the different businesses at different rates in the following manner
Manufacturer The manufacturer pays GST on the raw material that is purchased and the value that has been added to
make the product However the tax that has been paid by the manufacturer is reduced from the overall GST that must be
paid
Service Provider The service provider pays GST on the amount that is paid for the service provided and the value that
has been added to it
Retailer The retailer pays GST on the product that has been purchased from the distributor as well as the margin that
has been added However the tax that has been paid by the retailer can be reduced from the overall GST that must be
paid
Consumer GST must be paid on the product that has been purchased by the consumer
History of GST
On July 1st 2017 the Goods and Services Tax implemented in India But the process of implementing the new tax regime
commenced a long time ago In 2000 Atal Bihari Vajpayee then Prime Minister of India set up a committee to draft the
GST law
In 2006 Finance Minister proposed the introduction of GST from 1st April 2010 and in 2011 the Constitution
Amendment Bill passed to enable the introduction of the GST law In 2012 the Standing Committee started discussions
about GST and tabled its report on GST a year later In 2014 the new Finance Minister at the time Arun Jaitley
reintroduced the GST bill in Parliament and passed the bill in Lok Sabha in 2015 Yet the implementation of the law
delayed as it was not passed in Rajya Sabha
GST went live in 2016 and the amended model GST law passed in both the house The President of India also gave assent
In 2017 the passing of 4 supplementary GST Bills in Lok Sabha as well as the approval of the same by the Cabinet Rajya
Sabha then passed 4 supplementary GST Bills and the new tax regime implemented on 1st July 2017
Tax Laws Before the Implementation of GST
The Centre and the State used to collect tax separately Depending on the state the tax regimes were different
Even though import tax was levied on one individual the burden was levied on another individual In the cases of direct
tax the taxpayer must pay the tax
Prior to the introduction of GST direct and indirect taxes were present in India
Direct Taxes Refers to the taxes which are paid straight by an individual on whom it is imposed For instance Property
Tax Wealth Tax Gift tax and Income tax etc
Indirect Taxes Refers to the taxes which are charged as a burden reduction for others For instance Excise Duty Service
and Sales tax etc
India established a dual GST structure in 2017 which was the biggest reform in the countrys tax structure in decades
The main objective of incorporating the GST was to eliminate tax on tax or double taxation which cascades from the
manufacturing level to the consumption level
ICSI-NIRC Newsletter I July 2021 22
ARTICLE
India has since launching the GST on July 1 2017 implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull A rate of 025 applied to cut and semi-polished stones
bull A 5 tax on household necessities such as sugar spices tea and coffee
bull A 12 tax on computers and processed food
bull An 18 tax on hair oil toothpaste soap and industrial intermediaries
The inal bracket taxing goods at 28 applies to luxury products including refrigerators ceramic tiles cigarettes cars
and motorcycles
The previous system with no GST implies that tax is paid on the value of goods and margin at every stage of the
production process This would translate to a higher amount of total taxes paid which is carried down to the end
consumer in the form of higher costs for goods and services The implementation of the GST system in India is therefore
a measure that is used to reduce inlation in the long run as prices for goods will be lower
ICSI-NIRC Newsletter I July 2021 23
TaxRates Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
GST also gives a major push to domestic industries as they will be able to procure seamless input credit for capital goods
Make in India campaign is set to lourish after this reform
ARTICLE
TypesofGST
The four different types of GST are given below
ICSI-NIRC Newsletter I July 2021 24
Central Goods and Services Tax (CGST) CGST is charged on the intra state supply of products and services
Individuals who pay tax as per the reverse change mechanism Central goods and service tax is the amount which is
channelled to the central government of revenue department which is equal to SGST The speciic tax amount is for
remuneration for loss of the already existing excise duties which is supposed to be paid to the central government In
such a scenario of the regional sales the remaining 50 share of GST is sent to the CGST
StateGoodsandServicesTax (SGST) SGST like CGST is charged on the sale of products or services within a stateState
Goods and Service Tax is the integral part of tax which is transferred to the state government and state revenue
department This remunerates the loss of present Sales Tax and VAT to state government It is where the 50 share of
total tax imposed is transferred to the SGST tax
IntegratedGoodsandServicesTax (IGST) IGST is charged on inter-state transactions of products and servicesIGST
stands for the Integrated Goods and Services Tax which is imposed when the state-to-state sales and procurement is in
transition A speciic share is sent to the central government along with the partner state to which the goods and services
belong to The IGST is levied only when the two states procurement and sales take place
ARTICLE
RegistrationunderGST
It is mandatory for all Service providers buyers and sellers to register A business that makes a total income of Rs20
lakhs and more in a inancial year must be required to do GST registration It takes 2-6 working days to process
The below mentioned entities and individuals must register for Goods and Services Tax
middot E-commerce aggregators
middot Individuals who supply through e-commerce aggregators
middot Agents of input service distributors and suppliers
middot Non-Resident individuals who pay tax
middot Businesses that have a turnover that is more than the threshold limit
middot Individuals who have registered before the GST law was introduced
Any company that is eligible under GST must register itself in the GST portal created by the Government of India The
registered entities will get a unique registration number called GSTIN
A 15-digit distinctive code that is provided to every taxpayer is the GSTIN The GSTIN will be provided based on the state
you live at and the PAN Some of the main uses of GSTIN are mentioned below
w Loans can be availed with the help of the number
w Refunds can be claimed with the GSTIN
w The veriication process is easy with the help of the GSTIN
w Corrections can be made
The GST registration certiicate is issued in Form GST REG-06 The certiicate is not issued physically It is available in
digital format only A GST Certiicate is an oficial document that is issued by the concerned authorities for a business
that has been enrolled under the GST system GST Certiicate contains GSTIN Legal Name Trade Name Constitution of
Business Address Date of liability Period of Validity Types of Registration Particulars of Approving Authority
Signature Details of the Approving GST oficer and Date of issue of a certiicate
GST E-Way Bill
An electronic document that is generated to show proof of goods movement is the E-Way bill We can generate the bill
from the GST portal
BeneitsofGST
ICSI-NIRC Newsletter I July 2021 25
ARTICLE
The following are the advantages of goods and services tax in India
bull Regulation of the unorganised sector
bull E-commerce operators no longer suffer from differential treatment
bull Fewer complications
bull Composition scheme
bull Registration process and iling of returns are simple
bull Higher threshold
bull Elimination of the cascading tax effect
GoodsandServicesTaxNetwork
The GSTN is the Goods and Services Tax Network which is responsible for managing the IT system concerning the GST
Portal It is a non-proit non-government organization and is the database for the oficial GST Portal
The features of the GSTN can be listed as follows
bull Keeping the information of all the taxpayers safe and secure
bull Maintaining conidentiality of the taxpayers information
bull It is a trusted National Information Utility (NIU)
GSTN is responsible for handling
bull The invoices
bull The registrations
bull The payments and refunds (if any)
bull Different types of returns
GSTReturns
A GST Returns is a document that contains information about the income that a taxpayer must ile with the authorities
This information used to compute the taxpayers tax liability Under the Goods and Services Tax registered dealers must
ile their GST returns with details regarding their purchases sales input tax credit and output GST Businesses are
expected to ile 2 monthly returns as well as an annual return
Currently the GST is paid every month The GSTR-1 and GSTR-3B must be iled In the case of refunds the relevant forms
must be submitted as well GST payments can be made both online and ofline Once the payment has made a challan is
generated
TypesofGSTReturnsandDuedates
GSTR-1
GSTR-1 is the return to be furnished for reporting details of all outward supplies of goods and services made In other
words it contains the invoices and debit-credit notes raised on the sales transactions for a tax period GSTR-1 is to be
iled by all normal taxpayers who are registered under GST including casual taxable persons
ICSI-NIRC Newsletter I July 2021 26
ARTICLE
Monthlyby11thofeverysucceedingmonthif the business either has an annual aggregate turnover of more than Rs5
crore or has not opted into the QRMP scheme
Quarterlyby13thofthemonthfollowingeveryquarterif the business has opted into the QRMP scheme
GSTR-2A
GSTR-2A is a view-only dynamic GST return relevant for the recipient or buyer of goods and services It contains the
details of all inward supplies of goods and services ie purchases made from GST registered suppliers during a tax
period
GSTR-2B
GSTR-2B is again a view-only static GST return important for the recipient or buyer of goods and services
GSTR-2B provides action to be taken against every invoice reported such as to be reversed ineligible subject to reverse
charge
ICSI-NIRC Newsletter I July 2021 27
ARTICLE
GSTR-3B
GSTR-3B is a monthly self-declaration to be iled for furnishing summarised details of all outward supplies made input
tax credit claimed tax liability ascertained and taxes paid
GSTR-3B is to be iled by all normal taxpayers registered under GST The sales and input tax credit details must be
reconciled with GSTR-1 and GSTR-2B every tax period before iling GSTR-3B GST reconciliation is crucial to identify
mismatches in data that may lead to GST notices in future or suspension of GST registration as well
The iling frequency of GSTR-3B is currently as follows
thMonthly 20 of every following month for taxpayers with an aggregate turnover in the previous inancial year of more
than Rs5 crore or have been otherwise eligible but still opted out of the QRMP scheme
thQuarterly 24 of every following month of the quarter ended for the taxpayers with aggregate turnover is less than or
equal to Rs 5 crore eligible and remain opted into the QRMP scheme
ICSI-NIRC Newsletter I July 2021 28
GSTR-4
GSTR-4 is the annual return that was to be iled by the composition taxable persons under GST by 30th April of the year
following the relevant inancial year It has replaced the erstwhile GSTR-9A (annual return) from FY 2019-20 onwards
Prior to FY 2019-20 this return had to be iled on a quarterly basis Thereafter a simple challan in form CMP-08 iled by
18th of the month succeeding every quarter replaced it
ARTICLE
The composition scheme is a system in which taxpayers dealing with goods and having a turnover up to Rs15 crores can
opt into and pay taxes at a ixed rate on the turnover declared
GSTR-5
GSTR-5 is the return to be iled by non-resident foreign taxpayers who are registered under GST and carry out business
transactions in India
The return contains details of all outward supplies made inward supplies received creditdebit notes tax liability and
taxes paid
The GSTR-5 return is to be iled monthly by the 20th of each month under GSTIN that the taxpayer is registered in India
GSTR-5A
GSTR-5A refers to a summary return for reporting the outward taxable supplies and tax payable by Online Information
and Database Access or Retrieval Services (OIDAR) provider under GST
The due date to ile GSTR-5A is the 20th of every month
GSTR-6
GSTR-6 is a monthly return to be iled by an Input Service Distributor (ISD)
It will contain details of input tax credit received and distributed by the ISD It will further contain details of all
documents issued for the distribution of input credit and the manner of distribution
The due date to ile GSTR-6 is the 13th of every month
GSTR-7
GSTR-7 is a monthly return to be iled by persons required to deduct TDS (Tax deducted at source) under GST
This return will contain details of TDS deducted the TDS liability payable and paid and TDS refund claimed if any
The due date to ile GSTR-7 is the 10th of every month
GSTR-8
GSTR-8 is a monthly return to be iled by e-commerce operators registered under the GST who are required to collect tax
at source (TCS)
It contains details of all supplies made through the e-commerce platform and the TCS collected on the same
The GSTR-8 return is to be iled on a monthly basis by the 10th of every month
ICSI-NIRC Newsletter I July 2021 29
ARTICLE
GSTR-9
GSTR-9 is the annual return to be iled by taxpayers registered under GST It is due by 31st December of the year
following the relevant inancial year as per the GST law
It contains the details of all outward supplies madeinward supplies received during the relevant inancial year under
different tax heads ie CGST SGST amp IGST and a summary value of supplies reported under every HSN code along with
details of taxes payable and paid
It is a consolidation of all the monthly or quarterly returns (GSTR-1 GSTR-2A GSTR-3B) iled during that inancial year
GSTR-9 is required to be iled by all taxpayers registered under GST
However there are few exceptions such as taxpayers who have opted for the composition scheme casual taxable
persons input service distributors non-resident taxable persons and persons paying TDS under section 51 of the CGST
Act
GSTR-9C
GSTR-9C is the reconciliation statement to be iled by all taxpayers registered under GST whose turnover exceeds Rs2
crore in a inancial year as per the GST law
It must be certiied by a Chartered AccountantCost amp Management Accountant after conducting a thorough GST audit
of the books of accounts and comparing the igures with the GSTR-9
The deadline to ile this statement is the same as the due date prescribed for GSTR-9 ie 31st December of the year
following the relevant inancial year
GSTR-9C is to be iled for every GSTN hence one PAN can have multiple GSTR-9C forms being iled
GSTR-10
GSTR-10 is to be iled by a taxable person whose registration has been cancelled or surrendered This return is also
called a inal return and has to be iled within three months from the date of cancellation or cancellation order
whichever is earlier
GSTR-11
GSTR-11 is the return to be iled by persons who have been issued a Unique Identity Number (UIN) in order to get a
refund under GST for the goods and services purchased by them in India UIN is a classiication made for foreign
diplomatic missions and embassies not liable to tax in India for the purpose of getting a refund of taxes GSTR-11
contains details of inward supplies received and refund claimed
LateilingofGSTReturns
Return iling is mandatory under GST Even if there is no transaction you must ile a Nil return
You cannot ile a return if you do not ile the previous monthquarters return
Hence late iling of GST return will have a cascading effect leading to heavy ines and penalty
The late iling fee of the GSTR-1 is populated in the liability ledger of GSTR-3B iled immediately after such delay
ICSI-NIRC Newsletter I July 2021 30
ARTICLE
InterestandLatefeetobepaid
Interest is 18 per annum It has to be calculated by the taxpayer on the amount of outstanding tax to be paid It shall be
calculated on the net tax liability identiied in the ledger at the time of payment The time period will be from the next day
of iling due date till the actual date of payment
As per the CGST Act the late fee is Rs 100 per day per Act So it is Rs100 under CGST amp Rs 100 under SGST The total
shall be Rs 200day However there is a maximum levy of Rs 5000 There is no late fee separately prescribed under the
IGST Act Also for GSTR-1 and GSTR-3B the total late fee was reduced to Rs 50 day (Rs20 day for Nil iling)
Conclusion
The goods and services tax (GST) is a tax on goods and services sold domestically for consumption The tax is included in
the inal price and paid by consumers at point of sale and passed to the government by the seller The GST is a common
tax used by the majority of countries globally The GST is usually taxed as a single rate across a nation
Every year 1st of July is commemorated as the Financial Independence Day across the country whereupon the entire
MOP (Member of Parliament) took part in the Parliament house function The transformation of the GST jurisdiction
which was approved by +150 countries is not so easy to get done It was not just the complexities but also the confusions
were expected to pop up In a country like India there is a possibility of such complexities
ICSI-NIRC Newsletter I July 2021 31
GSTndashOneNationOneTax
GST an area of Vast Opportunities for the Professionals The Goods and Services Tax (GST) is a major taxation reform till
date implemented in India since independence which has replaced many indirect taxes in India such as the Excise duty
VAT services tax additional customs duty surcharges and Octroi etc The Goods and Service Tax Act was passed in the
thParliament on 29 March 2017 and came into effect on 1st July 2017The Parliament has enacted the Central Goods and
Services Tax Act 2017 (CGST Act) while the respective states have enacted their own law The Parliament has also
enacted the Union Territory Goods and Services Tax Act 2017 (UTGST Act) for taxation of intra-state supply within the
Union territories of the Country
GST is a tax which is levied on the supply of goods and services and the tax is levied at every point of sale GST Law in India
is a comprehensive multi-stage destination-based tax that is levied on every value addition GST laws have impacted
the life of the many professionals Enactment of GST Law in India is favorable for Tax Systems growth and prosperity of
our nation
NeedofGST
With the enactment implementation of GST Law new rules and amendments introduced in the taxation system The
Tax system has been improved and everything is required to do in the bracket of GST subsuming all the previously
applicable indirect taxes
ARTICLE
ICSI-NIRC Newsletter I July 2021 32
ldquocompany secretary asgst professionalrdquo
CS Lalit Rajput ACS
lalitrajput537gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TaxesunderGST
ICSI-NIRC Newsletter I July 2021 33
3MajorComponentsofGST
CGST SGST IGST
Ta x c o l l e c t e d b y t h e C e n t r a l
Government on an intra-state sale
Tax collected by the state government
on an intra-state sale
Ta x c o l l e c t e d b y t h e C e n t r a l
Government for an inter-state sale
Revenue - Shared equally between the Centre and the State Centre will share the IGST revenue
based on the destination of goods
GSTndashAnEmergingopportunityforCompanySecretaryProfessionals
ldquoOpportunitiesknockonlyonceatyourdoorrdquo-GSTisanopportunityforprofessionalslikeuswhich
providesanopportunitytoservelearnandearn
GST law is a consolidation of many indirect taxes laws amprules with the inputs rendered by the tax authorities GST
provides an opportunity to every professional including Company Secretaries (CS) Member of the ICSI to learn and
grow with the new Tax System Structure regardless of competition with experienced professionals of the ield as this
system is new and emerging for all
After the enactment of GST Law in the country the opportunities for professionals in the area of accounting services and
tax management have increased signiicantly and so the role of Professionals including Company Secretaries We
Company Secretaries can help businesses organizations to understand the necessary document needs which are
required to submit for GST registration and relevant GST compliance post registration with the concerned authority It is
our duty and responsibility as Governance Professionals to take interest in emerging opportunity provided by the
Finance Ministry new taxation system to understand fully and then advise concerned people organization accordingly
GST is a new career opportunity for us The requirement of GST experts professionals in the market is at peak due to
various economic reforms of the nation The newness of the GST concept and due to several changes came in this law
lucrative career opportunities have been creating in GST regime for GST professionals experts Due to the increased
emphasis in GST reforms the hiring intensity for GST professionals is at an overall high There has been a huge demand
for the GST talent experts in all the business verticals due to the criticality of the subject
ARTICLE
This is the right time to become a GST experts professional and take home hefty salary packages But since the level of
professional GST expertise required in the industry is high one has to be careful ampremain updated with all the latest
concepts of GST laws
GSTCoursepromotedbyICSI
As the demand of GST professionals has been increased in the industry The Institute of Company Secretaries of India
(ICSI) In order to give suficient practical knowledge of GST has come up with Certiicate course in GST Law which is an
advanced level course and shall test a candidates knowledge of various concepts of GST along with the transitional
issues The candidates successfully complete the Course are awarded a Certiicate by ICSI
This course enables members to understand the key areas of impact in their business prepare different scenarios for
the design and application of GST identify areas of adverse impact and prepare contingency measures examining legal
documentation for recovery of taxes on existing transactions etc
RoleofCompanySecretariesunderGSTRegime
Company Secretaries Members of ICSI are LawExpertsandComplianceMaster Under section 203 of the Companies
Act 2013 Company Secretary has been deined as KMPs ie Key Managerial Personnel means person who is in-
charge of maintaining the high standard of Corporate Governance by abiding laws and regulations in timely complied
manner In other countries Company Secretary is called as Corporate Secretary as he is responsible to take care of all the
compliances with statutory and regulatory requirements
Company Secretaries can play an important role in GST Regime Company Secretaries can act as a Consultant facilitator
and an advisor to the Corporates They can ensure smooth rollout of GST Law in India To minimize tax and smooth
implementation of GST the business would require restructuring their system and Company Secretary can render
required service to and ensure proper restructuring of business
ListofsomeactivitiesandComplianceMattersthatcanbeundertakenbyaCompanyundertheGST
Regime
1RegistrationofvariousBusinessformsundertheGSTLaws
As we all know that there is no professional certiication required to ile registration of any business form with the GST
Authorities Therefore a Company Secretary professional can also render registration services to the industry
2FilingofGSTReturnswiththeGSTAuthorities
To ile GST Returns whether monthly quarterly at GST Portal for all types of Business forms there is no professional
attestation certiication required Hence a Company Secretary professional with expertisein the GST matters can also
render registration services
3ConsultancytotheEntrepreneursandRestructuringtheirBusinessSystem
Being a Company Secretary we have been always considered as Corporate Law experts We dont need any Taxation
Degree to provide consultancy on the GST matters We can comprehensively interpret the law of GST and provide
complete guidance and advisory to the business entities
4Submissionofvariousreturnsinatimeboundmanner
We are responsible for the eficient and timely administration of the company and speciically ensuring statutory and
regulatory compliance We can guide in better compliance and governance and ensure that all activities undertaken to
achieve its aim are in compliance with legal ethical and regulatory requirements
ICSI-NIRC Newsletter I July 2021 34
ARTICLE
5E-waybillsrelatedissues
E-Way Bill is an Electronic Way bill for movement of goods to be generated on the e-Way Bill Portal and is mandatory for
a GST registered person transporting goods exceeding value of Rs 50000 (Single Invoicebilldelivery challan) We can
help the business entities persons registered under GST Law to generate the W-waybill on time
We can help and support business entities in Maintenance of appropriate registers and records of the organization as
required under GST Law regime
6Taxplanning
Tax planning is an important segment for every business We can help the industry owners entrepreneurs by Tax
planning services and helps in increasing availability of cash for investment business or personal needs We are
competent to understand the impact of laws changes modiications and its various alternatives and can be helpful in
proper tax planning under GST
7EnsureadequatestepsmeasureshasbeentakentopreventfromNon-Compliance
Procedural Compliance includes registration iling of returns payments of taxes assessment etc Since a Company
Secretary is already playing the role of a Compliance Oficer under various other laws he can assist in the same under
GST law also
8AmendmentsmodiicationsampClosureofBusiness
We can helps the registered person under GST Law to submit various applications for amendments or modiications
revocation and cancellation of GST Registration
Conclusion
Registration Amendments Closure Compliance Check requirements Audit and due diligence in the matters related to
GST Law in the Corporate Sectors needs a close watch and proper guidance and laws regulations should be followed by
the Company Secretaries Company Secretaries in Practice All the records and disclosures should be made properly
The Corporate Laws including GST becomes more tough and strict against Non ndash Compliances with respect to any
matter The dynamics of the boardroom are changing and chairmen and directors are realizing that they need specialist
skilled and technical knowledgeable person in this area and they are looking to company secretaries to provide this
expertiseWe are skilled expert professionals who understand legal inancial and compliance dimensions of business
entity comprehensively
ICSI-NIRC Newsletter I July 2021 35
GST is one of the biggest taxation reforms of independent India Its main object was to integrate State economies GST is
the most historic indirect tax reform and is implemented with the aim of enhancing the overall growth of the Nation
along with supporting the MakeInIndiainitiative It aims at creating a single uniied Indian market throughout the
Nation It is a comprehensive destination based indirect tax levy of goods as well as services at the national level
Its main objective is to consolidate multiple indirect tax levies into a single tax thus subsuming an array of tax levies
overcoming the limitations of previous indirect tax structure and creating eficiencies in tax administration
GST is a consumption-based tax which is levied on the basis of ldquoDestination principlerdquo The concept relates
to taxing the supply of goods or services at the point of consumption
It is a comprehensive tax regime covering both goods and services and is collected on value-added at each stage of the
supply chain Further GST paid on the procurement of goods and services can be set off against that payable on the
outward supply of goods or services In simple words Goods and Services Tax is a tax levied on goods and services
imposed at each point of supply GST is a national level tax based on value added principle just like State level VAT which
was levied as tax on sale of inter-state goods
The essence of GST is in removing the cascading effects ie tax on tax of both Central and State taxes by allowing setting-
off of taxes throughout the value chain right from the original producer and service
providers point up to the consumer level
GST is a major improvement over existing system of VAT and disjointed Service Tax ushering a collective gain for
industry trade and common consumers as well as for the Central Government and the State Governments at large
GST as a well-designed value added tax on all goods and services is the most elegant method to eliminate distortions
and to tax consumption
Time to time there had been many amendments in GST Act to remove hardness
In starting when GST came many small business men were thinking that this is a burden on them but time to time under
this act many sections were introduced for the ease of business
For example A composition scheme was introduced in this Act
This composition scheme is an option for speciied categories of small taxpayers to pay GST at a very low rate on the base
of turnover
Now this scheme can be opted by small business men whose turnover in preceding inancial year does not exceed Rs 15
Cr and in some speciied categories eg Arunachal Pradesh Uttarakhand Manipur Meghalaya Mizoram Nagaland
Tripura amp Sikkim this limit is Rs75 Lakh
All composition dealer who opts this scheme are not required to do much compliances and they have to ile quarterly
return in place of monthly return iling
ARTICLE
ICSI-NIRC Newsletter I July 2021 36
GST in IndiaCS Sarika Gupta ACS
cssarikaguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
Earlier this scheme was only for manufacturer trader and restaurant service providers
All manufacturer and traders who opt this scheme pay GST rate of 1 while all restaurant service providers pay GST
5 under this scheme
In spite of it anewsection10(2A)is also inserted which allows small service providers providing services other than
restaurant service to opt this scheme on presumption basis Only condition for this scheme is that aggregate turnover
should not exceed Rs 50 Lakh in the previous year In this scheme they have to pay GST 6 (CGST+ SGSTUTGST) on
irst supplies of services up to a value of Rs 50 lakhs made from the date of 1st April of current year
Wecanunderstandthissectionbyoneexample
A photographer Champak Lal has commenced photography service in Delhi from April this year His turnover for
various quarter is as follows
April- June Rs 20 Lakh July ndash Sept Rs 30 Lakh Oct ndash Dec Rs 20 Lakh
He takes registration when his turnover limit is crossed ie after the month of June when turnover limit exceeds Rs 20
Lakhs Now he can opt this scheme because in preceding year his turnover is nil ie below Rs 50 Lakhs
thFor payment of tax under this scheme turnover from 1st April to 30 June will be excluded as this time he did not take
registration in GST
He will pay GST 6 on next Rs 30 Lakh turnover of July to September quarter ie Rs 180000 under this scheme
By end of September month he crosses the eligibility Turnover limit of Rs 50 Lakhs of this scheme so he has to opt out
from this scheme and to adopt normal scheme While during the irst quarter April to June he was not registered in GST
but for eligibility of this scheme turnover of this quarter will also be counted in eligibility limit
Consequently Tax payable for quarter Oct- Dec will be 20 L18 ie Rs 360000 under normal scheme
In the same way earlier all traders and manufacturer who opt this composition scheme were not allowed to provide
services except restaurant services as well as all restaurant service providers also were not allowed to provide other
services except restaurant service
But now Secondprovisotosection10(1)allowsManufacturertraderandrestaurantserviceproviderstosupply
marginal services other than restaurant services along with Goods Restaurant service in CY of value not exceeding
10ofpreviousyearsturnoverorRs500000whichever is Higher
Wecanunderstandthisfromoneexample
Binod is engaged in supply of goods His aggregate turnover in preceding FY is 60 lakh Since his aggregate turnover in
the preceding FY does not exceed 15 crore he is eligible for composition scheme in current FY Further in current FY he
can supply services [other than restaurant services] up to a value of not exceeding
(a) 10 of Rs 60 lakhs ie Rs6 lakh or
Rs 5 lakhs whichever is igher
Thus time to time there are becoming many amendments in this Act for the ease of business In overall we can say GST
(GOODS AND SERVICE TAX) is a GoodandSimpleTax
ICSI-NIRC Newsletter I July 2021 37
GST is known as the Goods and Services Tax It is an indirect tax which has replaced many indirect taxes in India such as
the excise duty VAT services tax etc The Goods and Service Tax Act was passed in the Parliament on 29th March 2017
and came into effect on 1st July 2017
In other words GST is levied on the supply of goods and services Goods and Services Tax Law in India is a
comprehensivemulti-stagedestination-basedtaxthat is levied on everyvalueaddition GST is a single domestic
indirect tax law for the entire country
GSTAdvantages
middot GST is a transparent tax and also reduces the number of indirect taxes
middot GST will not be a cost to registered retailers therefore there will be no hidden taxes and the cost of doing business
will be lower
middot Beneit people as prices will come down which in turn will help companies as consumption will increase
middot There is no doubt that in the production and distribution of goods services are increasingly used or consumed
and vice versa
middot Separate taxes for goods and services which is the present taxation system requires division of transaction
values into value of goods and services for taxation leading to greater complications administration including
compliances costs
middot In the GST system when all the taxes are integrated it would make possible the taxation burden to be split
equitably between manufacturing and services
middot GST will be levied only at the inal destination of consumption based on the VAT principle and not at various
points (from manufacturing to retail outlets) This will help in removing economic distortions and bring about
development of a common national market
middot GST will also help to build a transparent and corruption-free tax administration
middot Presently a tax is levied on when a inished product moves out from a factory which is paid by the manufacturer
and it is again levied at the retail outlet when sold
middot GST is backed by the GSTN which is a fully integrated tax platform to deal with all aspects of GST
GSTDisadvantages
middot Some Economist says that GST in India would impact negatively on the real estate market It would add up to 8
percent to the cost of new homes and reduce demand by about 12 percent
middot Some Experts says that CGST (Central GST) SGST (State GST) are nothing but new names for Central
ExciseService Tax VAT and CST Hence there is no major reduction in the number of tax layers
ARTICLE
ICSI-NIRC Newsletter I July 2021 38
goods and servicestax (gst)
CS Jaspal Singh Dhanjal FCS
cspunjabpoweryahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
middot Some retail products currently have only a four percent tax on them After GST garments and clothes could
become more expensive
middot The aviation industry would be affected Service taxes on airfares currently range from six to nine percent With
GST this rate will surpass ifteen percent and effectively double the tax rate
middot Adoption and migration to the new GST system would involve teething troubles and learning for the entire
ecosystem
What are the components of GST
There are three taxes applicable under this system CGST SGST amp IGST
middot CGST It is the tax collected by the Central Government on an intra-state sale (eg a transaction happening
within Maharashtra)
middot SGST It is the tax collected by the state government on an intra-state sale (eg a transaction happening within
Maharashtra)
middot IGST It is a tax collected by the Central Government for an inter-state sale (eg Maharashtra to Tamil Nadu)
In most cases the tax structure under the new regime will be as follows
ICSI-NIRC Newsletter I July 2021 39
Transaction GSTRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central
ExciseService tax
Revenue will be shared equally between the
Centre and the State
Sale to another State IGST Central Sales Tax + Excise
Service Tax
There will only be one type of tax (central) in
case of inter-state sales The Centre will then
share the IGST revenue based on the destination
of goods
GSTRegistration
AggregateTurnover RegistrationRequired Applicability
EarlierLimitsndashForthesaleofGoodsProvidingServices
Exceeds Rs20 lakh Yes ndash For Normal Category States Up to 31st March 2019
Exceeds Rs10 lakh Yes ndash For Special Category States Up to 31st March 2019
NewLimitsndashForSaleofGoods
Exceeds Rs 40 lakh Yes ndash For Normal Category States From 1st April 2019
Exceeds Rs 20 lakh Yes ndash For Special Category States From 1st April 2019
NewLimitsndashForProvidingServices
There has been no change in the threshold limits for service providers Persons providing services need to register if
their aggregate turnover exceeds Rs 20 lakh (for normal category states) and Rs 10 lakh (for special category states)
ARTICLE
The process by which a taxpayer gets registered under Goods and Service Tax (GST) is GST registration Once the
registration process has been completed the Goods and Service Tax Identiication Number (GSTIN) is provided The 15-
digit GSTIN is provided by the Central Government and helps to determine whether a business is liable to pay GST
WhoiseligibletoregisterunderGST
GST Registration must be completed by the following individuals and businesses
1 Individuals who have registered under the tax services before the GST law came into effect
2 Non-Resident Taxable Person and Casual Taxable Person
3 Individuals who pay tax under the reverse charge mechanism
4 All e-commerce aggregators
5 Businesses that have a turnover that exceeds Rs40 lakh In the case of Uttarakhand Himachal Pradesh Jammu amp
Kashmir and North-Eastern states the turnover of the business should exceed Rs10 lakh
6 Input service distributors and agents of a supplier
7 Individuals who supply goods through an e-commerce aggregator
8 Individuals providing database access and online information from outside India to people who live in India
other than those who are registered taxable persons
TypesofGSTRegistration
Under the GST Act GST Registration can be of various types You must be aware of the different types of GST Registration
before selecting the appropriate one The different types of GST Registration are
NormalTaxpayer
Most businesses in India fall under this category You need not provide any deposit to become a normal taxpayer There is
also no expiry date for taxpayers who fall under this category
CasualTaxablePerson
Individuals who wish to set up a seasonal shop or stall can opt for this category You must deposit an advance amount
that is equal to the expected GST liability during the time the stall or seasonal shop is operational The duration of the
GST Registration under this category is 3 months and it can be extended or renewed
CompositionTaxpayer
Apply for this if you wish to obtain the GST Composition Scheme You will have to deposit a lat under this category The
Input tax credit cannot be obtained under this category
Non-ResidentTaxablePerson
If you live outside India but supply goods to individuals who stay in India opt for this type of GST Registration Similar to
the Casual Taxable Person type you must pay a deposit equal to the expected GST liability during the time the GST
registration is active The duration for this type of GST registration is usually 3 months but it can be extended or
renewed at the type of expiry
ICSI-NIRC Newsletter I July 2021 40
ARTICLE
DocumentsrequiredforGSTRegistration
Here are the documents required to complete GST Registration
1 PAN card
2 Aadhaar card
3 Business address proof
4 Bank account statement and cancelled cheque
5 Incorporation Certiicate or the business registration proof
6 Digital Signature
7 Directors or Promoters ID proof address proof and photograph
8 Letter of Authorisation or Board Resolution from Authorised Signatory
GSTRegistrationViaAuthenticationofAadhaar
New businesses can secure their GST registration with the help of the Aadhaar The process is simple and quick The new
process came into effect from 21 August 2020 The procedure to opt for Aadhaar authentication is mentioned below
1 When you apply for GST registration you will be provided with an option to choose Aadhaar authentication
2 Select YES The authentication link will be sent to the registered email ID and mobile number
3 Click on the authentication link
4 Enter the Aadhaar number and select Validate
5 Once the details have been matched an OTP will be sent to the registered mobile number and email ID
6 Enter the OTP to complete the process You will get the new GST registration within three working days
OnlineGSTRegistrationFees
In case you complete the GST Registration procedure online no fee will be levied Once the relevant documents have
been uploaded an Application Reference Number (ARN) will be sent via SMS and email to conirm the registration
PenaltyforNotRegisteringorLateRegisteringUnderGST
If you do not pay tax or pay a lesser amount than what is due the penalty that is levied is 10 of the due amount (in case
of genuine errors) However the minimum penalty is Rs10000
If you have not registered for GST and are deliberately trying to evade tax the penalty levied is 100 of the due tax
amount
BeneitsofGSTRegistration
The main beneits of GST registration are mentioned below
1 Big projects can be accepted from Multinational Corporations (MNCs)
2 Goods can be sold online
3 Goods can be sold across the country
4 GST registration acts as valid proof as it is a legal entity registration
5 Input tax credit can be availed when any goods or services are being purchased
6 With the help of a GSTIN a current bank account can be opened
7 The GSTIN helps in increasing the brand value of the business
ICSI-NIRC Newsletter I July 2021 41
ARTICLE
GSTRegistrationExemption
The below-mentioned individuals and entities are exempt from GST registration
1 Businesses that manufacture supplies that come under reverse charge
2 Activities that do not come under the supply of goods or services Examples of such activities are the sale of a
building or land funeral services and services provided by an employee
3 Businesses that make non-GST non-taxable supplies Examples are aviation turbine fuel electricity natural
gas high-speed diesel and petrol
4 Businesses that make exempt nil-rated supplies
5 Businesses that fall under the threshold exemption limit
6 Agriculturists
ICSI-NIRC Newsletter I July 2021 42
SrNo Period RsInCrore
1 May 2021 102709
2 April 2021 141384
3 March 2021 123902
4 Feb 2021 113143
5 January 2021 119843
Conclusion
The enforcement of GST has brought in a very transparent system to the country that is also corruption-free The
beneits are far-reaching and are not only business-friendly but consumer-friendly as well This system of taxation has
placed the country well in international trade The Indian market is far more stable now than it ever was With the
application of GST India is in a much better position in the international markets which has positively affected the
economy
GSTndashAhistoricalperspective
Taxes are the prime component of development of any country The revenue from taxation is applied to inance public
goods and services such as infrastructure sanitation transportation and all other amenities which are provided by the
Government to its citizens A tax is a none penal yet compulsory transfer of resources from the private to the public
sector levied on a basis of predetermined criteria and without reference to speciied beneit received
Taxes in India used to be levied by multiple agencies such as Central Government State Governments and some local
authorities such as municipalities There are two types of taxes which are levied in India vizDirect Tax which is levied
directly to an individuals income in the form of Income Tax and Indirect Tax that is paid indirectly by the inal consumer
of goods and services
The source of powers to legislate laws in India is the Constitution of India and the authority to levy a tax is derived from
the Constitution of India which allocates the power to levy various taxes between the Centre and the States Previously
the Centre had the powers to levy tax on the manufacture of goods (except alcoholic liquor for human consumption
opium narcotics etc) while the States had the powers to levy tax on the sale of goods In the case of inter-state sale the
Centre had the power to levy a tax (CST) but the tax was collected and retained entirely by the states As for services it
was the Centre that was empowered to levy service tax
In a nutshell the previous indirect tax regime can be looked at from the point of view of Central and State laws For the
Central Government Central Excise Customs and Service Tax were the three main components For the State
Governments Value Added Tax (VAT) and CST were major taxes along with octroi entertainment tax etc which were in
many cases administered by the local bodies
VATndashThefirststeptowardsIndirectTaxReform
stIntroduction of VAT from 1 April 2005 was considered to be a major step and important breakthrough in the sphere of
indirect tax reform in India Though VAT was a successful move there were certain short-comings in the structure of
VAT This was mainly due to the form of mosaic of taxes being levied on goods and services such as luxury tax
entertainment tax etc not subsumed in the VAT thereby marginalizing the beneits comprehensive tax credit
mechanism The forms of CENVAT and State VAT were remained ineficient in fully removing the cascading effect of
taxes Such taxes added to the cost of goods and services through ldquotax on taxrdquo which the inal consumer has to bear
Variable rates under Excise Duty coupled with multiple valuation systems and various exemptions challenged the VAT
system further A business establishment having ofices in different States was required to follow the laws of the
respective states
ARTICLE
ICSI-NIRC Newsletter I July 2021 43
GOODS AND SERVICES TAX (GST)Culmination of ldquoOne Nation
One Taxrdquo ConceptCS Piyush Jain ACS
jainpiyush692gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
ChallengesofVATsystem
CENVAT was conined to the manufacturing stage and did not extend to the distribution chain beyond the factory gate
Because of this CENVAT paid on goods could not be adjusted against State VAT payable on subsequent sale of goods
This was the position for CENVAT collected on domestically produced goods and that collected as additional duty of
Customs on imported goods Whereas input tax credit of CENVAT or additional duty of custom was available to service
providers paying service tax they were unable to neutralize the State VAT or other state taxes paid on their purchase of
goods State VAT was payable on the value of goods inclusive of CENVAT and thus the VAT liability of a dealer used to get
inlated by this component without beneit of set off Inter state sale of goods attracted CST levied by the Centre and
collected by states This was an origin based tax and could not be set off against VAT in many situations VAT dealers
were unable to set off Service Tax that they had paid on their procurement of taxable input services
GSTndashthemostsigniicantindirecttaxreforminIndia
In order to address the above challenges of VAT GST was thought upon deliberated and brought in as a signiicant
improvement in the indirect tax regime at national as well as state level GST is one of the signiicant taxation reforms in
India aiming to integrate state economics and boost overall growth by creating a single uniied Indian market to make
the economy stronger
GST is consumption or destination based tax levied on goods and services at national level based on ldquoDestination
Principlerdquo It covers both goods and services and be collected on value added at each stage of the supply chain GST paid
on the procurement of goods and services can be set off against that payable on supply of goods or services GSTs prime
aim is to consolidate multiple Indirect tax levies into a single tax thus subsuming an array of tax levies overcoming the
limitations of VAT and creating eficiencies in tax administration To put it straight GST is not simply VAT plus Service
Tax but a major improvement over existing system of VAT and disjointed Service Tax ushering in the possibility of a
collective gain for industries trade and common consumers as well as for the Central and State Governments
Major Acts subsumed under GST are Excise State VAT laws Service Tax Octroi Entry tax etc
GSTndashAFlashback
In July 2000 the Government of India had set up an empowered Committee of some of the State Finance Taxation
Ministers as members with the objectives of implementation of a uniform loor rate of sale tax by States and UTs phasing
out of Sales Tax based incentive scheme to decide milestones and methods of states to switch over to VAT and to monitor
reforms in the Central Sales Tax system existing in the CountryThe Honble Union Finance Minister in the Central budget
for the year 2007-08 announced that GST would be introduced with effect from 01042010 This was based on the
recommendations of The Kelkar Task Force on indirect taxes However the deadline of April 2010 could not be met
because of the intricacies involved in the GST regime including amendment to the Constitution to give concurrent taxing
powers to the Union and State Governments
A non-Government not for proit private limited company was incorporated in the name of Goods and Services Tax
Network (GSTN) as special purpose vehicle to provide IT infrastructure and services to all the stakeholders including
Governments for implementation of GST The Constitution Amendment Bill introduced in the Lok Sabha in December
2014 was passed in May 2015 which was referred to Select Committee of Rajya Sabha The Bill was passed in August
2016 The Bill was adopted by majority of State legislatures The Bill got the assent of Honble President of India on th8 September 2016 Subsequently in April 2017 four Bills were passed by the Parliament on GST to give effect to the
stproposed system of indirect taxation The Acts came into effect from 1 July 2017
ICSI-NIRC Newsletter I July 2021 44
ARTICLE
GST-RatesandReturns
There are three types of taxes applicable under the GST regime viz CGST collected by the Central Governments on intra-
state sale SGST collected by State Governments on intra-state sale and IGST collected by the Central Government for
inter state sale GST is divided into ive different tax slabs ndash 0 5 12 18 and 28 Petroleum products alcoholic
drinks and electricity are not taxed under GST and continued to be taxed separately by the State Governments as before
In addition a Cess over and above 28 is applied on few luxury items Pre-GST tax rate for most goods was about 265
Post GST most goods fall in 18 bracket of tax rate
The Central Government in July 2017 introduced three returns for GST ie
middot GSTR-1 related to outward supply
middot GSTR-2 related to inward supply
middot GSTR-3 consolidated return including details of GSTR-1 amp 2
With a view to simplify compliances the Government scrapped GSTR-2 and 3 and introduced GSTR-3B which contains
details of inward outward supplies As a result presently only 2 returns viz GSTR-1 and GSTR-3B are iled The returns th th
are to be iled on 10 20 of the following month of GST liability
Regular taxpayers with an annual turnover of upto Rs5 crore are given an option to either pay tax and ile both GSTR-1
and GSTR-3B returns on quarterly basis or to avail an Invoice Furnishing Facility (IFF) under QRMP Scheme ie ile
GSTR-3B on quarterly basis and pay tax and ile IFF every month Taxpayers with an annual turnover of more than Rs 5
crore have to mandatorily ile both returns and pay tax on monthly basis
Further every GST registered taxable person whose turnover during a inancial year exceeds Rs 2 crore has to ile GSTR-st9 till 31 December of the next Financial Year
E-invoicingunderGST
GST was a new concept to the citizens and even to the Government itself The idea behind the introduction of GST
became successful in subsuming various indirect taxes and ease of compliance burden but it also opened gates for new
kinds of frauds by inding loopholes in the system and misusing the opportunities extended by the Government to its
citizens for their economic prosperity Tax leakage and frauds using fake invoices became a taxing problem for the
Government to counter The concept of E-invoicing was introduced in 2020to put an end to such malpractices by
mandating authorisation of every invoice from the Government portal
Under E-invoicing all B2B and Export invoices need to be generated through the Government system ie the Invoice
Registration Portal (IRP) After uploading invoice on IRP an E-invoice is generated which containsa unique Invoice
Reference Number (IRN) and a digitally signed QR code Once an IRN is generated and invoice has been authenticated its
details are made available on the GST portal and EWB portal in real-time The E-invoice can be cancelled within 24 hrs of
generation
E-invoicing was initially applicable tothose businesses exceeding turnover of Rs 500 crore which wasscaled down to
Rs 100 crore within two months Presently from April 2021 it is mandatory for every business with a turnover of more
than Rs50 crores
Its implementation has beneited the Government in plugging the tax leakage It also bridges the gaps in reconciliation
of mismatch invoices faster availability of genuine Input Tax Credit and lesser possibility of intervention by tax
authorities
ICSI-NIRC Newsletter I July 2021 45
ARTICLE
ReverseChargeMechanism
Reverse charge means the liability to pay tax is on the recipient of goods or services instead of the supplier of such goods
or services in respect of notiied categories of supply of goods of services Normally the supplier of goods or services
pays the tax on supply In the case of reverse charge the receiver becomes liable to pay tax ie the chargeability gets
reversed The person who is receiving goods or services pays GST to the Government on behalf of the person who
provides such goods or services and in turn can claim Input Tax Credit if the goods or services received are not in
negative list
ElectronicWayBill
For intra-state interstate movement of goods e-way bill system has been introduced E-way bill is required to be
generated before the commencement of movement of goods only where the value of the consignment exceeds
Rs50000 The time period for the recipient to communicate his acceptance or rejection of the consignment would be
the validity period of the concerned e-way bill or 72 hours whichever is earlier E-way bill is valid for one day up to 100
km and additional one day for every 100 km or part thereafter Form GST EWB ndash 01 is an e-way bill form It contains ldquoPart
Ardquo ie details of goods and ldquoPart Brdquo ie details of vehicle Movement of goods from the place of consigner to the place of
transporter up to a distance of 50 km does not require illing of Part B of the e-way bill The Supplier has to generate Part
A of the e-way bill Implementation of the nation wide E-Way Bill mechanism under GST regime is being done by GSTN in
association with NIC on the portal viz hpsewaybillgstgovin
GSTndashaWorkinProgress
GST one of the steps towards digitisation proved to be a revolutionary tax system for India It has boosted the economy
of the Country by eliminating the drawbacks of the VAT System automation system of tax calculation and enabling
online payment of tax and iling returns which has resulted in the growth of the revenue collection of the Government
Transporting goods from one state to another has become a smoother affair with GST replacing a messy basket of
Central Municipal and State levies Though 4 years have passed since the introduction of the GST regime hiccups and
bottlenecks continue to crop up This could be narrowed down by simplifying rules and procedures GST still being a
work-in progress needs to go a long way to achieve the objective of ldquoOne Nation One Taxrdquo concept
RecognitionofCompanySecretaryunderGoodsandServiceTax
Company Secretaries as competent professionals in the area of Indirect Taxes can get hold of plethora of opportunities
under the Goods and Services Tax Company Secretaries could act as a crucial link to bridge the knowledge gap leading
to fair and voluntary compliance of law and rightful discharge of tax liability by assesses As the gamut of Indirect Tax
expands an ocean of opportunities are being unfolded in front of us The Act itself in Section 48 reads with Rule 83 of the
Central Goods and Services Tax Rules 2017 provides that any person who has passed the Final Examination of the
Institute of Company Secretaries of India (ICSI) is eligible for enrolment as a Goods amp Services Tax Practitioner Such a
person can apply in Form GST PCT-01 on the common portal either directly or through a Facilitation Centre notiied by
the Commissioner for enrolment for registration Further Under Section 116 of Central Goods amp Services Tax Act 2017
read with Rule 84 of the said Rules a Company Secretary is entitled to appear before an oficer appointed under this Act
or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act Apart from this
Company Secretories a responsible oficer in most of the companies get entrusted with responsibilities under GST
ambit and paves the way for strategic thinking for the business development They are well connected with all the
segments right from strategy marketing compliances administration and so on This diversiication of areas of
responsibility will open up more opportunities of career growth for Company Secretaries even to reach at the top
management level
ICSI-NIRC Newsletter I July 2021 46
Goods and Service Tax is an Indirect Tax which has replaced many indirect taxes in India such as the Excise Duty Vat th st
Services Tax etc The Goods and Service Tax was passed in the Parliament on 29 March 2017 and came into effect on 1
July 2017Goods and Service Tax is levied on the supply of Goods and services Goods and Services Tax Law in India is a
comprehensive multi-stage destination-based tax that is levied on everyvaluableadditionGST is a single domestic
indirect tax law for the entire nation The structure of indirect levy in India before the arrival of GST was
ARTICLE
ICSI-NIRC Newsletter I July 2021 47
GOODS AND SERVICES TAX (GST)what is gst in india
CS Ashvini Mohan Dhuri ACS
ashwinidhuri10gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
Under the GST Regime the tax is levied at every point of sale In the case of intra-state sales central GST and State GST are
charged All the inter-state sales are chargeable to the Integrated GST
AMulti-Stage
middot An item goes through multiple change of hands along its supply chain starting from Manufacture until the Final
sale to the customer like the following
- Purchase of raw materials
- Production or manufacture
- Warehousing of inished goods
- Selling to wholesalers
- Sale of the product to the retailers
- Selling to the end consumers
- The Goods and Services Tax is levied on each of these stages making it a Multi- Stage Tax
ARTICLE
BValueAddition(VA)
ICSI-NIRC Newsletter I July 2021 48
bull A manufacturer who makes biscuits buys lour sugar and other material The value of the inputs increases
when the sugar and lour are mixed and baked into biscuits
bull The manufacturer then sells these biscuits to the warehousing agent who packs large quantities of biscuits in
cartons and labels it This is another addition of value to the biscuits After this the warehousing agent sells it to
the retailer
bull The retailer packages the biscuits in smaller quantities and invests in the marketing of the biscuits thus
increasing its value GST is levied on these value additions ie The monetary value added at each stage to
achieve the inal sale to the end customer
CDestination-Based
Consider goods manufactured in Maharashtra and sold to the inal consumer in Karnataka Since the goods and Service
Tax is levied at the point of consumption the entire tax revenue will go to Karnataka and not Maharashtra
JourneyofGSTinIndia
The GST journey began in the year 2000 when a committee was set up to draft law It took 17 long years from then for the
law to come into existence In 2017 the GST Bill was passed in the Lok Sabha and Rajya Sabha On 1stJuly 2017 the GST
Law came into force
AdvancesofGST
bull Removal of Cascading effect
bull Higher Threshold for GST registration
bull Composition scheme for all small businesses
bull Simpler online facilities for GST compliance
bull Relatively lesser compliances under GST
bull Deined treatment for E-Commerce activities
bull Increased eficiency in logistics
bull Regulating the unorganized sectors
ComponentsofGST
bull CGST CGST is a tax levied on Intra State supplies of both goods and services by the Central Government and will be
governed by the CGST Act
bull SGST SGST is a tax levied on Intra State supplies of both goods and services by the State Government and will be
governed by the SGST Act
bull IGST IGST is a tax levied on all Inter-State supplies of goods andor services and will be governed by the IGST
ARTICLE
Illustration
Let us assume that a dealer in Gujarat had sold the goods to a dealer in Punjab worth Rs 50000 The tax rate is 18
comprising of only IGST Here the dealer has to charge IGST of Rs 9000 This revenue shall go to the Central Government
The same dealer of Gujarat sells goods to a consumer in Gujarat worth Rs 50000The GST rate on goods is 12 This rate
comprises CGST at 6 and SGST at 6The dealer has to collect Rs6000 as Goods and Service Tax Rs 3000 will go to the
Central Government and Rs3000 will go to the Gujarat Government since the sale is within the State
TaxLawsbeforeGST
In the earlier indirect tax regime there were many indirect taxes levied by both the state and the centre States mainly
collected taxes in the form of Value Added Tax (VAT) Every state had a different set of rules and regulations Inter-state
sale of goods was taxed by the centre CST (Central State Tax) was applicable in case of inter-state sale of goods The
indirect taxes such as the entertainment tax octroi and local tax were levied together by state and centre These led to a
lot of overlapping of taxes levied by both the state and the centre For example when goods were manufactured and sold
excise duty was charged by the centre Over and above the excise duty VAT was also charged by the state It led to a tax on
tax effect also known as the cascading effect of taxes The following is the list of indirect taxes in the pre-GST regime
middot Central Excise Duty
middot Duties of Excise
middot Additional Duties of Excise
middot Additional Duties of Customs
middot Special Additional Duty of Customs
middot Cess
middot State VAT
middot Central Sales Tax
middot Purchase Tax
middot Luxury Tax
middot Entertainment Tax
middot Entry Tax
middot Taxes on advertisements
middot Taxes on lotteries betting and gambling
CGST SGST and IGST have replaced all the above taxes
ICSI-NIRC Newsletter I July 2021 49
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST+ SGST VAT + Central
Excise Service Tax
Revenue to be shared equally between Centre and the
State
Sale to another State IGST Central Sales Tax +
excise Service Tax
There will be only one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
ARTICLE
HowhasGSThelpedinPriceReduction
During the pre-GST regime every purchaser including the inal consumer paid tax on tax This condition of tax on tax is
known as the cascading effect of taxesGST has removed the cascading effect Tax is calculated only on the value-addition
at each stage of the transfer of ownership The indirect tax system under GST will integrate the country with a uniform
tax rate It will improve the collection of taxes as well as boost the development of the Indian economy by removing the
indirect tax barriers between states
Illustration
Based on the above example of the biscuit manufacturer lets take some actual igures to see what happens to the cost of
goods and the taxes by comparing the earlier GST regimes
Taxcalculationsinearlierregime
ICSI-NIRC Newsletter I July 2021 50
Action Cost(Rs) Taxrateat10(Rs) InvoiceTotal(Rs)
Manufacturer 1000 100 1100
Warehouse adds a label and
repacks at Rs300
1400 140 1540
Retailer advertises at Rs 500 2040 204 2244
Total 1800 444 2244
The tax liability was passed on at every stage of the transaction and the inal liability comes to a rest with the customer
This condition is known as the cascading effect of taxes and the value of the item keeps increasing every time this
happens
Taxcalculationsincurrentregime
Action Cost(Rs) Taxrateat10(Rs)
Taxliabilitytobedeposited(Rs)
InvoiceTotal(Rs)
Manufacturer 1000 100 100 1100
Warehouse adds a label and
repacks at Rs300
1300 130 30 1430
Retailer advertises at Rs 500 1800 180 50 1980
Total 1800 180 1980
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
ARTICLE
WhataretheNewCompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
1E-WayBills
GST introduced a centralized system of waybills by the introduction of ldquoE-way billsrdquo This system was launched on 1st
April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of goods in a staggered
manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods transported
from the place of its origin to its destination on a common portal with ease Tax authorities are also beneited as this
system has reduced time at check -posts and helps reduce tax evasion
2E-invoicing
The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual aggregate turnover of
more than Rs500 crores in any preceding inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100 crores These businesses must obtain a
unique invoice reference number for every business-to-business invoice by uploading on the GSTNs invoice
registration portal The portal veriies the correctness and genuineness of the invoice Thereafter it authorizes using the
digital signature along with a QR code E-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to the GST portal and the e-way bill portal It
will therefore eliminate the requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way
bills too
3ChangeinRegistrationLimit
Increase in GST registration limit from Rs 20 lakhs up to Rs 40 lakhs for suppliers of goods Changes in the existing
composition scheme made by increasing the turnover limit to join the scheme up to Rs 15 crores tax payments to be
made quarterly and returns to be iled annually starting 1st April 2019
4Variousotheramendments
43rd GST Council meeting will take place on 28th May 2021 (Friday) at 11 AM via video conferencing and will be
chaired by Union FM Nirmala Sitharaman
middot Section 16 amended to allow taxpayers claim of input tax credit based on GSTR-2A and 2B Henceforth ITC on
invoices and debit notes may be availed only when the details of such invoice or debit note have been furnished
by the supplier in the statement of outward supplies and such details have been communicated to the recipient
of such invoice or debit note
middot Section 50 of the CGST Act is being amended to provide for a retrospective charge of interest on net cash liability
with effect from 1st July 2017
middot With respect to orders received on detention and seizure of goods and conveyance 25 of penalty needs to be
paid for making an application for appeals under section 107 of the CGST Act Date of applicability is yet to be
notiied
ICSI-NIRC Newsletter I July 2021 51
ARTICLE
middot GST audit requirement by speciic professionals such as CAs and CMAs has been removed from the GST law
Section 35 and 44 has been amended in this regard As per the amendment only GSTR-9 annual returns on a self-
certiication basis need to be iled on the GST portal by taxpayers completely removing the requirement for
GSTR-9C ie the reconciliation statement However the inancial year and date of applicability are yet to be
clariied by the government
middot Section 7 of the CGST Act was amended to include a new clause under the deinition of supply Activities or
transactions involving the supply of goods or services by any person other than an individual to its members or
constituents or vice-versa for cash deferred payment or other valuable consideration falls under supply and
will be liable to tax Earlier this supply would have been considered as only supply of goods under schedule II So
the scope is expanded now for levy
middot Seizure and coniscation of goods and conveyances in transit are now made a separate proceeding from the
recovery of tax from Section 74
middot Self-assessed tax referred to under section 75 of the CGST Act shall also cover the outward suppliessales as
reported in the GSTR-1 under Section 37 of the CGST Act but which has been missed out while reporting in the
GSTR-3B under Section 39
middot The provisional attachment shall remain valid for the entire period starting from the initiation of any proceeding
till the expiry of a period of one year from the date of order made there under
middot Section 129 is delinked from Section 130 Accordingly proceedings relating to detention seizure and release of
goods and conveyances in transit will be separate from the levy of penalty for the coniscation of goods and
conveyance
middot The Jurisdictional Commissioner can now call for information from any person relating to any matter dealt with
in connection with the Act under Section 151 together with section 168 Further section 152 is amended to
provide an opportunity of being heard before using information obtained under Sections 150 or 151 of the Act
middot The IGST Act was also amended in Section 16 that deines a zero-rated supply Three amendments were made ndash
(1) To state that supply to SEZ units developers will be zero-rated only if it is authorized operations (2) Only
notiied persons or supplies of goodsservices can avail the status of zero-rated when IGST is paid (3) Foreign
exchange remittance will be linked in case of export of goods with the refund
ICSI-NIRC Newsletter I July 2021 52
ThePerspectivest thOn 1 July 2021 our beloved and most controversial Goods and Service tax Act will be celebrating its 4 Birthday The 3
Major Motive for introducing GST were One nation One Tax Ease of compliances and Seamless Flow of credit to
eliminate the cascading effect of the Taxes In these 4 years GST has undergone more than 900 amendments through
Notiications Circulars and Press Release There has been Chronic Tinkering and twisting of the provisions and as a
result of that the provisions which are currently in force are completely different from the one which were introduced in
the beginning
WhatisGST
Goods and Services Tax is levied on the manufacturing and sales of goods and services across the country The tax is
charged at every stage of the manufacturing process GST is applicable for both the customer and the manufacturer It is a
destination-based tax This means that GST is to be collected at the point of consumption So if a product is
manufactured in Bihar and is sold in Bhopal the tax will be levied in Bhopal Moreover at every stage of the
manufacturing process where value is added to the product GST is collected
Introduced as one of the biggest economic reforms by the BJP-led Modi government the GST kicked off with the promise
to streamline taxation and compliance burden Experts also claimed that in many ways it has streamlined the process
ldquoBased on the one nation one tax ideology GST has helped in reducing the cascading effect of tax considerably Also
multiplicity of compliances under various indirect taxes has been reduced Hence introduction of GST in India has
brought in eficiencies in indirect tax compliance incidence and reduced the number of indirect tax authorities that a
taxpayer needed to interact with
EffectofGSTontheIndianeconomy
In a few months Goods and Services Tax law in India will celebrate its fourth birthday This could be a good time to raise
the question whether GST has been a success in India Responses to this question normally swing between two extremes
- the government and the tax department would say that GST has been an unqualiied success while the taxpayer who
has struggled to cope with the rapid changes in the law would say that GST has been a disaster As is normally the case
with such extremities the truth lies in the middle GST has its good points and its poor points with the latter winning
over the former Had the implementation been more smooth the poor points would have been overshadowed by the
good parts of GST
The introduction of GST has helped merge the taxes of the state and central governments This has helped remove the
cascading effect of multiple taxes Therefore the burden of taxes has reduced for companies and customers Not just this
taxpayers have increased in number and hence the tax revenues have also increased signiicantly Over the last year or
so two developments in GST should be considered to be huge positives
ARTICLE
ICSI-NIRC Newsletter I July 2021 53
GST ndash Impact Issuesand Suggestions
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS (Dr) S K Gupta FCS
cbstskguptagmailcom
ARTICLE
The concept of e-invoicing has been introduced in stages ndash this is a step that would ensure greater transparency in
supplier-receiver transactions which results in proper availment and utilization of input tax credit Simultaneously the
government appears to have announced a war to ight the menace of fake invoicing which was taking away a substantial
portion of GST revenues
The implementation of GST has signiicantly affected the Indian economy in the following ways
middot SimpliicationofthetaxstructureGST has simpliied the taxation system of the country As GST is a single tax
calculating taxes at the multiple stages of the supply chain has become easier Through this both customers and
manufacturers get a clear idea of the amount of tax they are charged and its basis Further hassles of handling tax
oficials and authorities can also be avoided
middot FosteringproductionAs per the Indian retail industry the total tax component is around 30 of the product
cost Due to the impact of GST the taxes have gone down So the end consumer has to pay lesser taxes The
reduced burden of taxes has enhanced the production and growth of the retail and other industries
middot SMEsupport Small and medium enterprises can now register under the Composition Scheme introduced by
GST Through this scheme they pay taxes according to their annual turnover Therefore businesses having an
annual turnover of Rs 15 crores only have to pay 1 GST Moreover other enterprises having a turnover of Rs
50 lakh are required to pay 6 as GST
middot EnhancedpanIndiaoperations Companies can now avoid taxation roadblocks such as toll plazas and check
posts Earlier these created problems including damage to unpreserved products while transporting them So
manufacturers had to keep buffer stock to make up for the damages These overhead costs of storing and
warehousing hampered their proit A single taxation system has reduced these problems They can now
transport their goods easily across India This has resulted in the improvement of their pan India operations
middot Increaseinexports GST has reduced the customs duty on exporting goods The cost of production in the local
markets has also decreased due to GST All these factors have increased the rate of exports in the country
Companies have become more competitive when it comes to expanding their businesses globally
middot Thegoods and services tax (GST)has ensured formalizationof the economy and improved mop-up
delivering seamless convergence under the one-nation one tax theme said industry champions unanimously
calling it an enabler of ease of doing business With uniformity of rates and elimination of multiple other indirect
taxes GST has cut out the cascading of levies widened the tax net and added to revenues
IssuesunderGST
middot Dificulty in claiming input tax credit and ever changing rules make compliance a cumbersome businessldquoInput
Tax Credit (ITC) is an area which has certain limitations that need to be addressed The GST regime sought to
have a seamless low of ITC however conditions for availing ITC being stringent many taxpayers lost out on ITC
middot Taxpayers are also complaining about the imposing an arbitrary monetary limit on availing input tax credit
through Rule 36(4) and mandating that a certain percentage of GST has to be paid in cash
middot The nationwide lockdown has intensiied the problem of revenue shortfall for states with the Centre not paying
up the dues on time Also with coffers drying up and with social and health spending going up states are growing
disenchanted with the system
middot The meetings of the GST Council are not as frequent as they were earlier if the recent incidents are anything to go
by and it often end up with disagreement ight and strong letters and statements
ICSI-NIRC Newsletter I July 2021 54
ARTICLE
middot The core theme of the one nation one tax slogan seems to be diluted with the introduction of state-level cesses
for example Kerala Flood cess at the rate of up to 1
middot Challenges for the exporters for smooth processing of GST refunds have been an area of concern while the
government has taken several initiatives for speedy processing of refunds the beneit is taking time to percolate
to corporates effectively
middot With the advent of GST various petitions seeking release of detained goods and hardships faced due to technical
glitches have been iled Moreover the constitutional validity of some of the GST provisions have been contested
before the courts It cannot be denied that AAR authorities have helped to clarify several controversial issues
However contradictory rulings on identical matters should be addressed soon
middot The announcement that a GST reconciliation statement need not be certiied by an auditor could have probably
waited for a couple of years more since the department would need some authentic database on what
components of the revenue statement would attract GST ndash a task best left to the auditor of the entity
middot We all know that in GST there will be the lot of litigations coming in near future and we all know the reason In
this 4 years GST has become more prone to litigation Even for simple revocation of cancellation of registration
after the prescribed days the taxpayer has to ile the appeal So we can presume the litigations that are going to
happen in near future
SuggestionsforimprovingeffectivenessofGST
middot There is an invariable need to put a halt on the changes in tax rates and decide the rate structure that is static for a
few years Adding on to that increasing the tax rates is not an ideal solution for grabbing more revenue especially
in the era of an economic slowdown In short there is a need for a simpliied tax structure of only three tax slabs
Either we need to merge 12 amp 18 or 5 amp 12 slabs into one
middot Some goods amp services like electricity real estate and petroleum are out of GST structure As they are out of GST
bracket the input tax credit beneits cannot be utilized by the segments involved in the process and so it is a loss
for them In addition these sectors are out of the indirect tax system at the mercy of state government Some
sectors such as oil and gas are demanding to be included in the GST Even experts suggest that the right way to
implement GST is to put all the sectors under the bracket of GST but it would take some time to implement the
required tweaks to the system
middot Exempt supplies must not form part of ldquoaggregate turnover‟ to determine threshold limit for taking registration
in GST It must be excluded from the Aggregate Turnover The threshold limit of 20 Lakhs more will be signiicant
for SMEMSME sector This will enable a small taxpayer having majorly exempt supplies with only a small
portion of taxable supplies to remain out of the net of GST
middot The current composition scheme is applicable only for manufacturers traders and restaurant service providers
In the GST amendments it has been proposed by the GST Council to enable registered manufacturers and
traders to opt for composition scheme us 10(1) of the CGST Act even if they supply services of value not
exceeding 10 of the turnover in the preceding FY in a StateUnion territory or Rs 5 lakhs whichever is higher
The beneit of composition scheme must be extended to other service providers by providing certain percentage
or ceiling for inter-state outward supplies of goods for the beneit of SMEMSME sector in true sense Presently
a person opting for composition scheme is not allowed to make any inter-state outward supply of goods which is
creating a bottle neck for small sector
ICSI-NIRC Newsletter I July 2021 55
ARTICLE
middot A suitable clariication is required with regard to the deinition of ldquoagent‟ under Section 2(5) (vii) of Section 24
of CGST Actas it covers only those persons who supply taxable goods on behalf of any other person ie
consignment agents Clarity on Compulsory Registration for ldquoagentsrdquo is only conined to consignment agents
Controversy whether the commission agents or brokers who merely facilitate a transaction between two parties
like procuring orders etc are also debarred from the beneit of threshold limits of registration ie Rs 20 Lac
middot As part of ICT the government should promote the usage of Point of Sales (PoS) machines which are closely
integrated with the Inventory Invoicing and GST Returns iling This will ease the reporting compliance as the
small traders are inding it dificult for tracking and maintaining inventory based on HSN codes Subsidy may be
given for procurement of such PoS machines so that it will increase the return iling ratio and also minimize the
digital transactions which has increased during the demonetization period but the same started falling and
reaching lower levels than the pre-demonetization period
middot IGST credit to be restricted only on import of raw materials - Manufacturers of India must be incentivized in
comparison to their position with traders of imported inished goods IGST credit on imports should be
restricted only to the manufacturer of imported raw materials Import of Finished goods must not be allowed
par beneit of credit of IGST to the trader of imported inished goods This will make the position of
manufacturers wiser and encouraging as compared to importers This will boost Make in India and promote
domestic manufacturers
middot Taking into consideration the rigorous procedure involved in Advance Ruling provisions iling of application on
behalf of association representing its members in a State may be permitted This will beneit small taxpayers not
being able to adopt this route for seeking certainty of their GST issues Such application can be accompanied
with list of all the members with their GSTIN on whom such ruling shall be applicable
middot If the MSME taxpayers pays the taxes promptly and also iles the returns in time there should be a certain
percentage of the amount of tax paid should be rewarded back This will prompt the taxpayers to be honest and
take the incentive This amount should be declared or given after the audit assessment so that undue beneit
will not be passed on the taxpayers Also region wise such taxpayers should be honored this will also motivate
others to pay taxes upfront
Conclusion
This is the third consecutive year India has made waves on the Doing Business ranking India improved on six of ten
parameters set by the World Bank as against eight last year becoming among top ten improvers for the second time in a
row This year alone India has moved up by a phenomenal 14 spots on the Doing Business Index a feat achieved by most
countries over a 20 year period Finance Minister Nirmala Sitharaman has spoken of the Governments keen interest in
improving rankings and keeping that goal in mind they are prepared to implement all sorts of reforms - especially under
GST and GST Compliance
ICSI-NIRC Newsletter I July 2021 56
stOn 1 July 2021 our beloved Goods and Service tax Act will be celebrating its 4th Birthday GST was introduced for 3
major purposes as One nation One tax ease of compliances and seamless low of credits to remove the cascading effects
of the taxes However in the last 4 years GST is reshaping itself by more than 900 amendments through Notiications
Circulars and Press release accordingly we can say it is changing day by day In this article author has discussed the topic
of ldquoE-way Bill under Goods and Services Tax (GST)rdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 57
E-way Bill under Goodsand Services Tax (GST)
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Sandeep Singh Chauhan ACS
sandy673711gmailcom
WhatisE-wayBill
E-way bill is an electronic permit or electronic generated document for movement of goods from one place to another
place which is to be generated on the E-way bill portal ie on wwwewaybillgstgovin
Earlier before the introduction of GST there was no concept of electronic way bill However the need to have check and
balances in the present has been felt necessary to discourage the parallel economy Introduction of E-way Bill in India
has been effected for inter-State movement of goods across the country from 1st April 2018 and on notiied dates by
respective State Government for intra state movements
WhenshouldE-wayBillbegenerated
If the value of goods of consignment is more than Rs 50000- except for certain speciied goods meant for Job work
goods meant for export with Customs seal from factory to Port airport ICD imported goods goods sent on approval
basis exhibition or fairs purposes removal for testing removal from factory to weighbridge for weighment of goods
and back to factory up to 20 kms inward supply from unregistered person SKD CKD Sales return For own use and
exempted goods
ARTICLE
ICSI-NIRC Newsletter I July 2021 58
Accordingly E-way Bill shall mandatorily generated on the common portal for all types of movements if the value of
goods exceeds more than Rs 50000- however E-way Bill needs to be generated mandatory even if the value of
consignment of goods is less than Rs 50000 where ndash
1 Movement of goods in inter-state by principal to the Job-worker
2 Handicraft goods are transported from one State or Union territory to another State or Union territory by a
person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of
section 24 of the CGST Act
Here the term Consignment Value means value determined as per section 15 of the CGST Act as mentioned on the
invoice bill of supply or delivery challan as the case may be including the applicable tax thereon However such
consignment value shall exclude the value of exempted supply where the invoice is issued in respect of both exempt and
taxable supply of goods (ldquoNotiicationNo122018rdquo)
WhoshouldgenerateE-wayBill
The primary responsibility to generate E-way Bill shall be of the registered person who causes the movement of goods
ie the consignor or the consignee as the case may be However if such consignor or consignee doesnt generate the
EWB it may be generated by transporter as well if authorized by the registered person In case of supply of goods by an
unregistered person to registered person the liability to generate EWB is on the recipient
As per revised Rule 138 (2) under Notiication No 122018 it has been provided that E-way Bill shall be required to be
generated in case the goods are transported by consignor or consignee in his own vehicle or in a hired one or a public
conveyance by road In such case the registered person causing the movement of goods may raise the EWB after
furnishing the vehicle no in Part B of FORM GST EWB ndash 01 if the value of goods being transported is more than
Rs50000-
Railway has been exempted from generation and carrying of e-way bill with the condition that without the production of
e-way bill railways will not deliver the goods to the recipient But railways are required to carry invoice or delivery
challan etc
ARTICLE
ICSI-NIRC Newsletter I July 2021 59
WhenE-wayBillisnotrequiredtobegenerated
In the following cases E-way Bill is not required to be generated
(i) The goods being transported are speciied in Annexure under Rule 138(14) of the Central Goods and Services Tax
Rules2017
(ii) The goods are being transported by a non-motorized conveyance
(iii) The goods are being transported from the port airport air cargo complex and land Customs Station to Inland
Container Depot or Container Freight Station ( for clearance by Customs)
(iv) The movement of goods within areas notiied under clause (d) of sub-rule (14) of the Goods and Services Tax Rules
of the Concerned State
(v) Goods ( other than de-oiled Cake) speciied in the Schedule appended to Notiication No22017-CT(Rate) dated
the 28th June2017 ie goods exempted from GST
(vi) Alcoholic liquor for human consumption petroleum crude high speed diesel motor spirit (commonly known as
petrol) natural gas or aviation turbine fuel
(vii) Goods which have been declared as no supply in Schedule III of CGST Act2017
(viii) Where the goods are being transported under Customs bond from an inland container depot or a container freight
station to a Customs port airport air cargo complex and land Customs station or from one Customs station or Customs
port to another Customs station or Customs port or under Customs supervision or under Customs seal
(ix) Where the goods being transported are transit cargo from or to Nepal or Bhutan
(x) Where the goods being transported are exempt from tax under Notiication No 72017-CT(Rate) dated 28th
June2017 as amended from time to time and Notiication No 262017-CT(Rate) dated the 21st September2017 as
amended from time to time
(xi) Any movement of goods caused by defence formation under Ministry of defence as a consignor or consignee
(xii) Where the consignor of goods is the Central Government Government of any State or a local authority for transport
of goods by rail
(xiii) Where empty cargo containers are being transported and
(xiv) Where the goods are being transported upto a distance of twenty kilometers from the place of business of the
consignor to a weighbridge for weighment or from the weighbridge back to the place of business of the said consignor
subject to condition that the movement of goods is accompanied by a delivery challan issued in accordance with Rule 55
BlockingandUnblockingofE-wayBill
middot E-way bill generation is blocked for taxpayers who have not iled their returns for the previous two consecutive
monthsquarters
middot Thus if a taxpayer has not iled GSTR-3B for two or more consecutive months then heshe cannot generate e-
way bills to do dispatches and receive goods resulting in a standstill
middot Only when a taxpayer iles GSTR-3B the e-way bills will get unblocked on the next day
middot The system of e-way bill clocking was implemented from the 2nd of December 2019
ARTICLE
ICSI-NIRC Newsletter I July 2021 60
Forexample if a taxpayer has not iled his GSTR-3B for April 2021 and May 2021 then his GSTIN will get blocked in the
e-way bill portal from June The main intention of the government is to track down the non-ilers of GST returns and
make them compliant
WhatifE-wayisnotgenerated
If the suppliers or transporters are not generating the e-way bills the same will be considered as contravention of
statutory provisions of GST law
As per Section 122 (xiv) of the CGST Act 2019 a taxable person who transports any taxable goods without the cover of
speciied documents E-way bill shall be liable to pay a penalty of Rs 10000- or an amount equivalent to the tax
evaded
As per section 129 of CGST Act2017 where any person transports any goods or stores any goods while they are in
transit in contravention of the provisions of this Act or the rules made thereunder all such goods and conveyance used as
a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to
detention or seizure to recover applicable tax and penalty from the person transporting goods and the owner of the
goods
SomeoftheimportantjudicialpronouncementonE-wayBill
SNo CaseName IssueampSummary
1 Ms KB Enterprises Vs Asst
Commissioner State Taxes amp
Excise-2019(12) TMI 1089-
GSTAA-HP
Section 129 proceeding cannot be initiated for Minor mistake(s) in e-
way bill- The minor mistakes in Part-B of the e-way bill (error in one or
two digitscharacters of the vehicle number) will not invite detention
order and only penalty of Rs 1000- (CGST- Rs 500- amp SGST-Rs 500-)
will become due to payable
2 Godrej Consumer Products Ltd
Vs ACSTampE-Cum- GIBHP
G o d re j C o n s u m e r 1 1 - 0 2 -
2020HC-67
Typographic error in entering distance in E-way bill is minor
mistake-Due to a typographic error while generating E-way bill the
petitioner mentioned approx distance between Puducherry to Himachal
Pradesh as 20 Kilometers instead of 2000 Kilometers As a result a
validity of one day has been calculated by the E-way bill portal instead of
twenty days and the E-way bill subsequently got expired on the very next
day The consignment was intercepted on dated 15th Sep 2018 and
thereby a taxpenalty has been imposed under section 129 of
HPGSTCGST Act 2019 for contravention of Rule 138 However it was
held by the Honble HC that typographic error may be treated as a minor
one and in such case if the demand and penalty have been levied by the
proper oficer us 129 the same need to be refunded to the supplier
ARTICLE
ICSI-NIRC Newsletter I July 2021 61
3 Hindon Machinery Tools Vs
State of UP- 2019 (22) GSTL 4
(All)
ReleaseoftheseizedgoodsforwritingwrongTaxInvoiceNoonE-
way Bill- Incorrectly mentioning the number of tax invoices as tax
invoice number on E-way Bill- Prima facie there seems no discrepancy in
E-way Bill attracting seizure of goods Goods directed to be released
without insisting for a deposit of any amount and furnishing security as
GST already paid on goods
4 Daily Fresh Fruits India Private
Limited v Commissioner SGST
2020-VIL-115- KER
Detentionofgoodsonthegroundofwrongclassiicationofgoods-
The High Court quashed detention order on the ground that this was a
bona-ide case of dispute in the classiication of goods and directed
release of goods
5 Commercial Steel Company v
Assistant Commissioner of State
Tax 2020-VIL- 116-TEL
Goodscannotbedetainedjustbecausedriverhastakenadifferent
route-The High Court observed that vehicle was found at another place
does not automatically lead to any presumption that there was an
intention of evasion of tax
6 Kun Motor Co Pvt Ltd Versus
Assistant State Tax Oficer
Kerala State GST Department
Thiruvananthapuram- 2019
(21) GSTL 3 (Ker)
Incidence of Tax is on Supply andnot onnature of transport-A
person from Trivandrum goes to Pondicherry purchases a car and
entrusts it to the car dealer to transport it to Trivandrum On the way in
Kerala the oficials under the GST Act intercept the vehicle and detain
the goods for no e-way bill accompanies the consignment The High
Court held that detention of car was illegal
The 43rd GST council meeting was held on 28th May 2021 The GST Council has met after more than six months The
meetings were chaired by Finance Minister Smt Nirmala Sitharaman Union Minister of State for Finance and Corporate
Affairs Shri Anurag Thakur was also present at the meeting besides the Finance Ministers of the states and union
territories (UTs) and other senior oficers of both the Ministry of Finance and the States and UTs
rdImportantMeasurestakeninGSTinthe43 CouncilMeetingforfacilitationreliefto
taxpayers
1AnnualReturnrelatedmeasures
middot Amendment in section 35 and 44 of CGST Act 2017 has been made through Finance Act 2021 to provide for self-
certiication of reconciliation statement in FORM GSTR-9C instead of previous requirement of certiication of
such statement by a Chartered Accountant Cost Accountant The said amendment would be notiiedwith
effectfrom01082021
middot This amendment will be applicable for the Annual return for the FY2020-21
middot The formatof GSTR-9 and GSTR-9C forms for FY 2020-21 would be same as for FY 2019-20 except for some
minimal changes to give effect to the said amendment
middot Requirement of furnishing annual return in FORMGSTR-99A for FY 2020-21 has been continued to be
optional for the taxpayers with annual turnover uptoRs2crores
middot Requirement of furnishing reconciliation statement in FORMGSTR-9Cfor FY 2020-21 will also continue to be
waived for the taxpayers with annual turnover uptoRs5crores
2AmnestySchemetoproviderelieftotaxpayersregardinglatefeeforpendingreturns
middot To provide relief to the taxpayers especially smaller taxpayers from high amount of late fee on pending returns
a latefeeamnestyscheme has been brought out in respect of pending returns in FORMGSTR-3B for the tax
periods from July2017toApril2021
middot Latefeehasbeenreduced waived conditionally in respect of such pending returns in FORMGSTR3B for the
tax periods from July2017toApril2021as under -
a Late fee capped to a maximum of Rs500-(Rs 250- each for CGST amp SGST) per return for taxpayers who did
nothaveanytaxliabilityfor the said tax periods
b Late fee capped to a maximum of Rs1000-(Rs 500- each for CGST amp SGST) per return for other taxpayers
c The reduced rate of late fee would be conditional and apply only if GSTR-3B returns for these tax periods are
furnished during the period between01062021to31082021
ARTICLE
ICSI-NIRC Newsletter I July 2021 62
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
Goods andServices Tax
ARTICLE
ICSI-NIRC Newsletter I July 2021 63
3Rationalizationoflatefeeimposedundersection47oftheCGSTAct
Late fee structure under section 47 has been rationalized for prospective tax periods to give relief to smaller taxpayers
from burden of higher late fee by linking the maximum late fee with tax liability turnover of the taxpayer
middot The late fee for delay in furnishing of FORMGSTR-3BandFORMGSTR1 has been capped as below for tax
periods June 2021 QE June 2021 onward
middot Fortaxpayershavingniltaxliability in GSTR-3B or nil outward supplies in GSTR-1 the late fee has been
capped at Rs500perreturn
middot Forothertaxpayers
a) For taxpayers having Annual Aggregate Turnover (AATO) in preceding year upto Rs 15 crore late fee has
been capped to a maximum of Rs2000perreturn
b) For taxpayers having AATO in preceding year between Rs 15 crore to Rs 5 crore late fee has been capped to a
maximum of Rs5000perretrun
c) For taxpayers having AATO in preceding year above Rs 5 crores late fee has been capped to a maximum of Rs
10000perreturn
middot The late fee for delay in furnishing of FORM GSTR-4 by composition taxpayers has been capped to Rs 500 per
return if tax liability is nil in the return and Rs 2000 per return for others from FY 2021-22 onward
middot Late fee payable for delayed furnishing of FORM GSTR-7 has been reduced to Rs50- per day and has been
capped to a maximum of Rs 2000- per return for returns from the month of June 2021 onward
4Retrospectiveamendmentofsection50toprovideinterestpaymentonnetcashbasis
middot Section 112 of the Finance Act 2021 relating to retrospective amendment in section 50 of the CGST Act has been
brought into force from 01062021
middot Accordingly retrospective amendmenthas been made in Section 50of CGST Act 2017 with effect from
01072017 to provide for payment of interest on the delayed payment of tax on netcashbasis
middot This will facilitate the taxpayers and help in removing ambiguity and disputes regarding payment of interest on
gross tax basis or net cash basis
5COVIDReliefMeasuresinGSTth st st
Government has issued various notiications on 27 April 2021 1 May 2021 and 1 June 2021 providing a number of
relief measures for taxpayers in GST
sect ReductioninrateofinterestConcessional rates of interest in lieu of the normal rate of interest of 18 per
annum for delayed tax payments have been provided for the months of March April and May 2021
sect Waiverof late fee Late fee waived for speciied number of days in respect of returns in FORMGSTR-3B
furnished beyond the due date for tax periods March April and May 2021 due in the April May and June 2021
respectively
sect ExtensionofduedateofilingGSTR-1IFFGSTR-4andITC-04
sect Due date of iling FORMGSTR-1 and IFF for the month of April 2021 and May 2021 has been extended by 15
days
sect Due date of iling FORMGSTR-4 for FY 2020-21 has been extended from 30th April 2021 to 31st July 2021
sect Due date of furnishing FORMITC-04 for Jan-March 2021 quarter has been extended from 25th April 2021 to
30th June 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 64
sect Extensioninstatutorytimelimitsundersection168AoftheCGSTAct Time limit for completion of various
actions by any authority or by any person under the GST Act which falls during the period from 15th April 2021 to
th th29 June 2021 has been extended upto 30 June 2021 subject to some exceptions as speciied in the notiication
sect Otherrelaxations
bull RelaxationinaailmentofITC Rule 36(4) ie 105 cap on availment of ITC in FORMGSTR-3B to be applicable
on cumulativebasisfor period AprilMayandJune2021to be applied in the return for tax period June 2021
Otherwise rule 36(4) is applicable for each tax period
bull The iling of GSTR-3B and GSTR-1IFF by companiesusing electronic veriication code (EVC) instead of Digital
Signature Certiicate (DSC) has been enabled for the period from the 27042021to31082021
6Refundrelatedmeasures
bullFacilityforwithdrawaloftherefundclaims
bull A new form RFD-01W has been provided for iling application of withdrawal of a refund claim by
amendment in Rule 90 of CGST Rules
bull It will help the taxpayers who have iled the refund application by mistake or for wrong period or have
made any mistake omission in the refund claim to withdraw the refund application rather than to ile
appeal once the refund claim is rejected
bullExclusionoftimetakenforissuanceofdeiciencymemoforcalculatinglimitationperiodforilingafresh
refundapplicationafterremovingdeiciencies
bull Rule 90 of CGST Rules amended to exclude the time taken by tax oficer in issuing deiciency memo in
FORM RFD-03 for purpose of calculating time for iling fresh refund claim after removal of deiciencies
bull This will help taxpayers in iling such fresh refund claims after removing deiciencies without getting
time barred due to time taken for issuance of deiciencies by the tax oficers
7RelaxationsinprovisionsofblockingofE-waybills
bull Rule 138E of CGST Rules 2017 amended to provide for restriction on generation of e-way bill only in respect of
outwardmovementof goods of a registered person who has defaulted in furnishing returns for 2 months or 2
consecutive tax periods
bull Prior to this amendment the supplier was not able to generate e-way bill for supply of goods to the defaulting
recipient though there may not have been any default on the part of the supplier himself
bull Withthisamendmentissuanceofe-waybillbythecompliantsupplierwillnotbeblockedin respect of
supply made to recipient including a recipient who has defaulted in furnishing two consecutive returns This
wouldensurethatbusinessofcompliantsuppliersarenotadverselyaffected
ARTICLE
ICSI-NIRC Newsletter I July 2021 65
8FacilitiesonPortalforeasingtheprocessofilingofreturns
bull Auto-draftedstaticinputtaxcreditstatementinFORMGSTR-2B
bull This facility has been made available on the portal for monthly tax payers since August 2020
bull This facilitates the taxpayers in determining and self-assessing their available input tax credit and thus
substantially reducing time taken to ile their returns
bull Auto-populationofGSTR-3Breturn
bull GSTR-3B returns are being auto-populated since December 2020 for monthly return ilers from the
details given by the taxpayers in their FORM GSTR-1 and from the details given by their suppliers in their
FORM GSTR-1
bull An editing facility is also provided to the taxpayers enabling them to make the corrections
amendments in the auto-populated return if required
bull ThesefacilitieshasnowbeenmadeavailablefortaxpayersunderQRMPschemealso
9MeasuresrelatedtoE-Invoicing
bull E-invoicing facility has been introduced for B2B supplies wef 01102020 for the taxpayers having annual
aggregate turnover of Rs 500 crores or more in any of the preceding inancial years
bull The threshold limit for generating e-invoice has been brought down to Rs 100 crores wef 01012021 and to Rs
50 crores wef 01042021
bull FORM GSTR-1 of the taxpayer is being auto-populated on the portal from e-invoice data Besides Part-A of e-way
bill is also auto-populated from the e-invoice data This helps in reducing time and cost for iling of GSTR-01 and
for generation of e-way bills
Introduction
As the world has become a global village and technology is playing the role of disrupter the corporates governments
and regulators constantly need to embrace changes thrown by these disruptions to ensure that aspirations of all
stakeholders are realized for growth and sustenance
It is an undisputed fact that pace of technology is very fast and one technological development annexes another one or
overshadows the same in certain cases But disruptions take place certainly and these disruptions bring their own sets
of opportunities and challenges
Emergingtechlandscapes
The recent buzzwords of technology are Machine Learning (ML) Artiicial Intelligence (AI) Internet of the Things (IoT)
and Automation They lessen human intervention enhance transparency and provide data analytics of highest accuracy
and eficiency for fostering eficient decisions making The regulatory domain does not remain untouched from these
technological revolutions Several compliance processes have become automat able audit activities are becoming more
technology oriented data extraction is on real-time basis and high-quality information is available for overall good
Impactoftechnologyoncompliance
So for the profession of company secretaryship the important point is ldquowhat is impact of technologyrdquo on compliance
domain Paradigm shifts are evolving as the transformations take place Areas such as automation of board processes
audits trails process and operational eficiency quality and economy have newer dimensions due to reshape of
technology At the same time new opportunities and challenges are emerging Let us examine them briely
Opportunities
Compliance and tech learning Traditional modes of compliances are undergoing drastic changes and new tools and
apps are playing havoc It is required that a Company Secretary whether in practice or employment should be tech-savvy
though being tech-savvy does not mean to become technology expert Generic knowledge and usage of applications and
functions will sufice and there is no need to acquire hardcore programming and development knowledge
Basic understanding and usage of technological aspects involved in compliance work will help company secretaries
validate compliance tasks with reinforced transparency and eficiency Technology helps in tracking the trails be they
compliance trail audit trail or any other important business function
ARTICLE
ICSI-NIRC Newsletter I July 2021 66
Technology inCompliance
The Game ChangerCS Ajay Kumar Sharma ACS
csajaysharmayahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
More importantly Governments are becoming very strict about trails and they are instructing technology solution
providers to architect systems in such a way so that complete track of transactions right from its origination till its
relection in ultimate system including all edits is possible
An understanding of compatibility between business requirements and technology solutions will open plethora of
opportunities for Company Secretaries
The bar is already rising From computer literacy it is now tech literacy The ICSI has a major role to play for this initiative
taking into consideration requirements and growth of all stakeholders
Challenges
Prevention of frauds Though technology is providing sophisticated business solutions cases of frauds with the
involvement of technology are on the rise As the impact of transactions may be over several geographies there may be
penalties and prosecutions from multiple regulators Section 447 of the Companies Act 2013 is extremely tough on
corporate frauds Deeper penetration of technology in business systems along with tough regulatory requirements
makes it imperative on the part of compliance oficers to take extra precautions International compliances such
Sarbanes Oxley Act 2002 put additional responsibilities for US companies working across several jurisdictions
The irst mantra of compliance eficiency is Evaluate document and do it right irst time
Conclusion
To sum up technology being the game changer this is going to be the era of ldquolearn unlearn and re-learnrdquo to cope with
technological disruption Exposure to different facets of compliance in technological environment will result in positive
enrichment of all stakeholders Let global society be the biggest winner
ARTICLE
ICSI-NIRC Newsletter I July 2021 67
JourneyofGSTinIndia
We can say that introduction of GST is a roller coaster ride The GST journey began in the year 2000 when a committee
was set up to draft law The PM Atal Bihari Vajpayee formed an Empowered Committee (EC) to create a structure for GST
based on their experience in designing State VAT
In 2004 A task force concludes GST must be implemented to improve current tax structure
In 2006 Finance Minister proposes GST introduction from April 1 2010 In 2007 CST phased out and rates reduced
from 4 to 3
In 2008 The inance minister conirmed that considerable progress was being made in the preparation of the roadmap
for GST The targeted timeline for the implementation was conirmed to be 1 April 2010 EC inalises dual GST structure
to have separate levy legislation
In 2010 Project to computerise commercial taxes launched but following this the implementation of GST was pushed
by one year
In 2011 Govt put forth the Constitution Amendment Bill for the introduction of GST
In 2012 The Standing Committee starts discussion over the bill but the opposition party raise concern over the clause
279B that offers additional powers to the Centre over the GST dispute authority
In 2013 Standing Committee tables its reports on GST The panel approves the regulation with few amendments to the
provisions for the tax structure and the mechanism of resolution
In 2014 The inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in the parliament
In 2015 The GST Bill passed in Lok Sabha but not in Rajya Sabha
In 2016 The Finance Ministry published the draft model law to public for their opinions and views Also amended
Model GST law passed in Rajya Sabha also
In 2017 Four Supplementary Bills passed in Lok Sabha and approved in Parliament and by President
1 Central CST Bill
2 Integrated GST Bill
3 Union Territory GST Bill
4 GST (Compensation to States) Bill
GST Council inalizes the GST Rates and GST Rules and inally GST law came into force from 1 July 2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 68
GST - One Countryone market one tax
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Meenakshi ACS
agarwalmeenakshi75gmailcom
IntroductionofGST
GST (Goods and Services Tax) is a destination based tax on consumption of goods and services It is a destination based
Tax and proposed to be levied at all stages right from manufacture up to inal consumption with credit of taxes ie ITC
(Input Tax Credit) paid at previous stages available as setoff GST has a dual aspect with the Centre and States
simultaneously levying on a common tax base
There are three main components of GST which are
1 CGST (Central GST) Taxes collected under CGST will constitute the revenues of the Central Government
2 SGST (State GST) A collection of SGST is the revenue of the State Government
3 IGST (Integrated GST) Revenue collected under IGST is divided between Central and State Government as per the
rates speciied by the Government IGST is charged on transfer of goods and services from one state to another Import of
goods and services are also covered under IGST
Image showing subsumed of various Central and State Taxes into GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 69
Beneits of GST Registration in Business
One of the most important beneit of the move is the mitigation of double taxation or the elimination of the cascading
effect of taxation
1MitigatingCascadingeffectofTax By subsuming most of the Central and State taxes into a single tax and
by allowing a set-off of prior-stage taxes for the transactions across the entire value chain it would mitigate
the ill effects of cascading improve competitiveness and improve liquidity of the businesses
ARTICLE
ICSI-NIRC Newsletter I July 2021 70
2TechnologydrivenTax GST is largely technology driven It will reduce the human interface to a great extent and this
would lead to speedy decisions
3 FindBuoyancy inGovernmentRevenue GST is expected to bring buoyancy to the Government Revenue by
widening the tax base and improving the taxpayer compliance The reform is also expected to improve the countrys
ranking so far as the Ease of Doing Business Index is concerned It is also estimated to enhance GDP growth by 15 to
2
4LesserCompliancesandeasytofollow It simpliied the Indirect tax regime After introduction of GST all tax payer
services such as registrations returns payments etc would be available to the taxpayers onlinewhich would make
compliance easy and transparent
5UniformityofTaxRatesandTaxationprocess all tax payer services such as registrations returns payments etc
would be available to the taxpayers online which would make compliance easy and transparent
6HigherrevenuegenerationThe possibility of tax evasion is minimised completely with GST coming into action
Also GST is expected to decrease the cost of collection of tax revenues of the Governmentand will therefore lead to
Higher revenue eficiency
GSTRegistration
Under GST regime Businesses whose turnover exceeds the threshold limit (Table given below) require to register
under GST It becomes mandatory for some businesses to register mandatorily as heavy penalties will attract if business
is carry on without GST registration
GSTRegThresholdLimit
th On 10 January 2019 In 32 GST Council Meeting changes in limits of GST registration was proposed which was further
approved by CBIC and new threshold limit of GST Registration come into existence which helps to ease compliance
under GST An option was provided to States to opt for the new limits or continue the earlier ones Here is the table
showing earlier threshold limits new limits and the effective date of applicability-
AggregateTurnover RegistrationRequired Applicability
Earlier limits- For Goods amp Services
Exceeding Rs 20 Lakh Yes ndash For Normal Category States Up to March 31 2019
Exceeding Rs 10 Lakh Yes ndash For Special Category States Up to March 31 2019
New Limits- For Goods
Exceeding Rs 40 Lakh Yes ndash For Normal Category States From April 1 2019
Exceeding Rs 20 Lakh Yes ndash For Special Category States From April 1 2019
New Limits- For providing Services ndash No Change- same as earlier
ARTICLE
ICSI-NIRC Newsletter I July 2021 71
PersonsliableforGSTRegistration
ChecklistofdocumentsrequiredforGSTregistration
1 PAN of the applicant
2 Copy of Aadhaar card
3 Proof of business registration or incorporation certiicate
4 Identity of address proof of promotersdirectors with photographs
5 Bank account statement cancelled cheque showing name address and a few transactions
6 Digital Signature of authorised signatory
7 Authorisation letter or Board resolution for authorised signatory
ARTICLE
ICSI-NIRC Newsletter I July 2021 72
GSTRegistrationAadhaarVeriication
Notiication issued by CBIC (Central Board of Indirect Tax and Customs) on March 23 2020 for GST Aadhaar
authentication from April 1 2020 For ease of doing business GST registration with Aadhaar veriication required by
thnew taxpayers ndash GST Council approved in its 39 meeting All Indian citizens can take this facility except tax deductors
retrieval services and tax collectors Govt dept PSUs Local authority and statutory authority also excluded from
Aadhaar authentication Due to pandemic physical veriication is risky So its easy to get online GST Aadhaar
veriication
ProcessofGSTregistrationAadhaarveriication
Applicant need to submit Aadhaar number along with application for registration under GST and then e -verify the same
on GST Portal using authentication link which is sent to Mobile Number and E-mail ID linked to Aadhaar Enter the OTP
sent on mobile number and email id and get e- validated
In conclusion GST has been a revolutionary tax system for India Most noteworthy many experts hail it as one of the
biggest tax reforms GST certainly is beneicial for the entire population of India
ARTICLE
ICSI-NIRC Newsletter I July 2021 73
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Dhiraj Kheriwal ACS
dhirajkheriwal5gmailcom
Indias Economy -Challenges
after Covid-19
COVID-19 pandemic is a signiicant shock to economies all around the world Even the major economies like the USA
have been badly mauled with unemployment rising and a cut in economic growth The Pandemic has caused a shock for
the Indian economy as well Consumption manufacturing exports capital lows the legs on which the Indian economy
had been growing have all been impacted adversely
India came out of lockdown about 2 months back with restrictions still in many parts of the country There is no magic
quick ix or shortcut to stimulate and restart demand in an economy which is the most important key to economic
revival next to vaccine becoming available This will take time patience and continuous effort Amidst this uncertainty
what will be key to revival is how people come out of their homes how people restart their lives how will it impact
demand organically and availability of capital when businesses are ready to kick start production to service demand
Potentialgrowthhasslowed-
Indias potential growth may have slowed down by over one percentage point due to the longer-than-expected
disruption caused by COVID-19 and a modest policy response so far UBS Securities said in a report
ldquoWe estimate Indias potential growth to have slowed to 6 (from 71 YoY estimated in 2017) due to longer-than-
expected disruption caused by the pandemic balance-sheet concerns faced by economic agents (especially the inancial
sector and households)rdquo ldquoThis implies dificult economic challenges for many years to comerdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 74
It said the biggest challenge before India would be its ability to create ample employment opportunities for the rising
working-age population
ldquoWe believe India needs to grow by at least 8 YoY annually just to absorb incremental labour force with a focus on
mobilisation of resources towards manufacturing and exportsrdquo
Climatechange-
Climate change threatens Indias attempts to improve its citizens standard of living More than 600 million Indians face
a cute water shortages Bangalore and New Delhi are two of the 21 cities that could deplete their groundwater in 2020 In
July 2019 the city of Chennai ran out of groundwater Over 200000 people die from contaminated water By 2030 40
of the population will have no access to drinking water
Most of Indias rainwater falls during the four-month monsoon season It isnt captured eficiently Climate change will
increase looding from these monsoons
IncreaseinEmployment
ARTICLE
ICSI-NIRC Newsletter I July 2021 75
The depth of the slowdown in the current inancial year means that a rebound is inevitable but unemployment could
hamper the recovery process The issue of migrant workers will have an impact on the economic growth and availability
of quality workers in the post-COVID-19 world will be a challenge
India should be wary of the challenges in smooth recovery in labour markets While GDP in India was growing
employment remained stagnant and if this trend continues its another problem Without a boost in employment
households incomes will be under strain consumer sentiments will be low and the economic recovery will be sluggish
Predominanceofagriculture-
Less developed countries live mainly upon agriculture and extractive industries like mining isheries and forests
Predominance of agriculture is explained from the viewpoint of sectoral composition of national income and
occupational pattern
In India in 1950- 51 more than 55 pc of our GDP came from the agricultural sector or the so- called primary sector In
2007-08 however the contribution of this sector toward GDP came down to194 pc
Theightwillbeaboutincreasingeconomicactivity-
With the lockdown the economic activity came to a grinding halt in India from the end of March Domestic consumption
almost wiped out Pay cuts and layoffs combined with fear of spread led to lack of shopping and completely eroded
demand
While the non-discretionary spending on groceries and other essential items remained largely unscathed during the
lockdown the revival in consumption will be driven by discretionary as well as non-discretionary spending Despite the
Indian governments decision to remove most the demand scenario is expected to remain weak for most of the current
inancial year But it could make a comeback next year
And as the uncertainty surrounding income and jobs reduces economists believe that some people will be able to raise
their discretionary spending on non-essential goods during festive season and thereafter lowing into 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 76
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Abhishek Goyal FCS
abhishekcsajmergmailcom
TREATMENT OF GST ONRESTAURANT BUSINESS
Implications of GST on restaurant business makes an interesting study and is important from the point of view of GST
consulting and practicing service to be rendered by practicing Company Secretaries as GST provides a promising
practicing and consulting platform for Company Secretaries
Let us now discuss these implications in the form of questions and answers which would enable the reader to get an easy
understanding of the provisions of GST in this regard
Q1 Please explain place of supply provisions in case of restaurant business and its importance for such business
Ans As per sub section (4) of Section 12 of the IGST Act place of supply in case of restaurant business is determined on
performance basis In other words place of supply (POS) in case of restaurant service is considered on performance
basis Accordingly POS in case of restaurants shall be the place where such service was actually performed which is
usually the place where such restaurant is situated
POS is important for both goods and services as the taxable event in GST is supply of goods and services
Q2 Whether restaurant owners can avail composition scheme under GST
Ans Yes composition scheme is open to restaurant business owners
Q3 What is the effective rate of GST on restaurant business under composition scheme
Ans It is 5 subject to maximum turnover of Rs 15 crores
Q4 We are running a food joint located in a standalone building with takeaway as well as sitting facilities to our
customers We are registered under GST normal scheme Can we take beneit of ITC on purchases made by us in relation
to our outward services
Ans A restaurant or a food joint or an eatery located in a standalone building ie not being located inside any hotel inn
guest house or club is not eligible for availing ITC even if purchases made by it were in the course of and in furtherance of
its business Such restaurants shall charge GST 5 on their services without ITC
Q5 We are running a standalone restaurant We have purchased an oven and a chimney for the purpose of our
restaurant Can we avail ITC on it
Ans As already stated in answer to question no 3 no ITC is available to a standalone restaurant even if goods or services
are availed in the course of or in furtherance of business
Q6 Would your answer be different if we are located in a hotel
Ans If a restaurant is located inside a hotel inn guest house lodge or a club where room rent per day exceeds Rs 7500-
the restaurant can avail ITC however GST rate in that case will be 18 In other words such a restaurant will have to
charge GST at 18 which in the case mentioned in reply to question no 1 is 5
ARTICLE
ICSI-NIRC Newsletter I July 2021 77
Q7 Is there any difference in GST rate for AC and Non AC restaurants
Ans The different GST rates prescribed for AC and non AC restaurants have been done away with All restaurants
whether AC or non AC are subject to GST rate of 5 without ITC or 18 with ITC depending upon whether restaurant is
located in a standalone building or inside an hotel inn guest house club etc where room rent per day is above Rs 7500-
Q8 We are engaged in outdoor catering services what are the GST implications for us
Ans For outdoor catering services as of now the GST rate is 18 with ITC
Q9 A restaurant is located inside a three star hotel with room rent of more than Rs 7500- per day The restaurant is also
offering some sweets which may be ordered as a takeawayparcel or may be consumed on a table in the restaurant itself
What are the GST implications on both situations
Ans Sweets attract 5 GST so take away from the counter will attract 5 GST only Whereas if sweets are consumed on a
table in the restaurant itself then it will attract GST at 18 since restaurant is located inside a hotel with room tariff of Rs
7500- and above
Q10 We are a moving restaurant and are providing over the counter take away and parcel services to our customers
What is the GST rate to be charged
Ans In this case GST to be charged is 5 without ITC
Q11 We are running a school We have an in house canteen for the beneit of our staff and students What are the GST
implications on us in the two situations
(i) if we supply food and beverages to our staff and students ourselves
(ii) if we engaged a contractor for running the canteen and to provide food and beverages to our staff and students
Ans In the situation (i) GST is exempt
In situation (ii) GST to be charged is 5 In this case the contractor is liable to charge GST at 5
ARTICLE
ICSI-NIRC Newsletter I July 782021
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shubham Budhiraja ACS
shubhambudhiraja02gmailcom
PROVISIONAL ATTACHMENTUNDER GST amp DOCTRINE OF
PROPORTIONALITYThe GST Fraud case initiated against GM Power-tech for issuances of fake invoices to various companies including MS
Radha Krishnan (Appellant) The joint commissioner thereafter in exercise of its delegate powers issued Notice under
Section 83 for provisional attachment of bank account of appellant which was challenged by appellant before HC in Writ
petition which was dismissed due to availability of alternative remedy in GST Act The Supreme Court held that exercise
of power by Joint Commissioner under Section 83 provisional attachment was in violation to provisions of law and
against principles of Order 38 Rule 5 and without application of mind and thus Writ was maintainable Hence HC
committed error in law in refusing the Writ
(i) Whetherwritpetitionmaintainableagainstorderofprovisionalattachmentundergstact
yesiforderiswithoutapplicationofmindoragainstprincipleofnaturaljusticeorwithoutjurisdiction
(ii)Whetherorderofprovisionalattachmentcanbeusedtogetspeedyrecoveryofstaterevenueundergst
act
Noprovisionalattachmentisbasedonproportionalitydoctrine
WritPetitionunderArticle226ampExceptionToRuleOfAlternateRemedy
(I) AssistantCommissioner (CT)LTUKakinadaandothersvGlaxoSmithKlineConsumerHealthCare
LimitedAIR2020SC2819 There are certain exceptions to the ldquorule of alternate remedyrdquo include where
- The statutory authority has not acted in accordance with the provisions of the law or
- acted in deiance of the fundamental principles of judicial procedure or
- has resorted to invoke provisions which are repealed or
- Where an order has been passed in violation of the principles of natural justice
(II)WhirlpoolCorporationvRegistrarofTrademarksMumbai(1998)8SCC1 R u l e o f a l t e r n a t i v e
remedy not to operate as a bar in at least three contingencies namely where the writ petition has been iled for
the
- Enforcement of any of the Fundamental Rights or
- There has been a violation of the principle of natural justice or
- Order or proceedings are wholly without jurisdiction or
- The vires of an Act is challenged
Analysis
(I) The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of
fundamental rights but for any other purpose as well
(II) The High Court has the discretion not to entertain a writ petition One of the restrictions placed on the power of
the High Court is where an effective alternate remedy is available to the aggrieved person
(III) Exceptions to the rule of alternate remedy arise where
ARTICLE
ICSI-NIRC Newsletter I July 2021 79
(a) the writ petition has been iled for the enforcement of a fundamental right protected by Part III of the
Constitution
(b) there has been a violation of the principles of natural justice
(c) order or proceedings are wholly without jurisdiction
(d) the vires of a legislation is challenged
(IV) An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the
Constitution in an appropriate case though ordinarily a writ petition should not be entertained when an
eficacious alternate remedy is provided by law
(V) When a right is created by a statute which itself prescribes the remedy or procedure for enforcing the right
or liability resort must be had to that particular statutory remedy before invoking the discretionary remedy
under Article 226 of the Constitution This rule of exhaustion of statutory remedies is a rule of policy
convenience and discretion and
(VI) In cases where there are disputed questions of fact the High Court may decide to decline jurisdiction in a
writ petition However if the High Court is objectively of the view that the nature of the controversy requires
the exercise of its writ jurisdiction such a view would not readily be interfered with
AttachmentbeforeJudgmentampProvisionalAttachment
(I) RamanTechProcessEnggCoandAnrvSolankiTraders2008(1)RCR(Civil)195
(A) The power under Order 38 Rule 5 Civil Procedure Code is a drastic and extraordinary power Such
power should not be exercised mechanically or merely for the asking It should be used sparingly and
strictly in accordance with the Rule The purpose of Order 38 Rule 5 not to convert an unsecured debt
into a secured debt Any attempt by a plaintiff to utilize the provisions of Order 38 Rule 5 as a leverage for
coercing the defendant to settle the suit claim should be discouraged
(II)ValeriusIndustriesvUnionofIndia2019(30)GSTL15(Gujarat)
(A) The power under Section 83 of the Act for provisional attachment should be exercised only if there is
suficient material on record to justify the satisfaction that the assessee is about to dispose of wholly or
any part of hisher property with a view to thwarting the ultimate collection of demand and in order to
achieve the said objective the attachment should be of the properties and to that extent it is required to
achieve this objective
(B) The power under Section 83 of the Act should neither be used as a tool to harass the assessee nor should
it be used in a manner which may have an irreversible detrimental effect on the business of the assessee
(C) The attachment of bank account and trading assets should be resorted to only as a last resort or measure
The provisional attachment under Section 83 of the Act should not be equated with the attachment in
the course of the recovery proceedings
(III)JaiAmbeyFilamentPvtLtdvUnionofIndia2021(44)GSTL41(Gujarat)
(A) Subjective satisfaction as to the need for provisional attachment must be based on credible information
that the attachment is necessary
(B) The opinion cannot be formed based on ldquoimaginary grounds wishful thinking howsoever laudable that
may berdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 80
(IV)PatranSteelRollingMillvAssistantCommissionerofStateTaxUnit22019(20)GSTL732(Gujarat)
(A) Two instances in which provisional attachment would be apposite these being where the
- assessee is a ly by night operator and
- If the assessee will not be able to pay its dues after assessment
(V) ProexFashionPrivateLimitedvGovernmentofIndiaWP(C)11245of2020dated6January2021
Conditions for the invocation of Section 83 of the SGST Act
I Order should be passed by Commissioner
II Proceeding under Section 62 or 63 or 64 or 67 or 73 or 74 should be pending
III Commissioner must form an opinion
IV Order should be passed to protect interest of revenue
V It must be necessary to attach property
(VI)UFVIndiaGlobalEducationvUnionofIndia2020(43)GSTL472
Pendency of proceedings under the sections mentioned in Section 83 viz Sections 62 or 63 or 64 or 67 or 73
or 74 is the sine qua non for an order of provisional attachment to be issued under Section 83
(VII)KaishImpexPrivateLimitedvUnionofIndia(2020)6AIRBomR122
(A) Taxable account of the taxable person can be attached against whom the proceedings under the sections
are initiated Section 83 does not provide for an automatic extension to any other taxable person from an
inquiry speciically launched against a taxable person under these provisions
(B) The format of the order ie the form GST DRC-22 also speciies the particulars of a registered taxable
person and which proceedings have been launched against the aforesaid taxable person indicating a nexus
between the proceedings to be initiated against a taxable person and provisional attachment of bank
account of such taxable person
(V)VishwanathRealtorvStateofGujaratSpecialCivilNo7210of2015decidedon29April2015
(A) Satisfaction must be on some tangible material on objective facts with the Commissioner In a given case on
the basis of the past conduct of the dealer and on the basis of some reliable information that the dealer is
likely to defeat the claim of the Revenue in case any order is passed against the dealer under the VAT Act
andor the dealer is likely to sale his properties andor sale andor dispose of the properties and in case
after the conclusion of the assessmentreassessment proceedings if there is any tax liability the Revenue
may not be in a position to recover the amount thereafter in such a case only however on formation of
subjective satisfactionopinion the Commissioner may exercise the powers under Section 45 of the VAT
Act
ARTICLE
ICSI-NIRC Newsletter I July 2021 81
SECTION83ampITSCONDITIONS
(i) The power to order a provisional attachment is entrusted during the pendency of proceedings under any one of
six speciied provisions Sections 62 63 64 67 73 or 74 In other words it is when a proceeding under any of
these provisions is pending that a provisional attachment can be ordered
(ii) The power to order a provisional attachment has been vested by the legislature in the Commissioner
(iii) Before exercising the power the Commissioner must be ldquoof the opinion that forthepurpose of protecting the
interest of the government revenue it is necessarysotodordquo
(iv) The order for attachment must be in writing
(v) The provisional attachment which is contemplated is of any property including a bank account belonging to the
taxable person and
A provisional attachment under Section 83 is contemplated during the pendency of certain proceedings meaning
thereby that a inal demand or liability is yet to be crystallized An anticipatory attachment of this nature must
strictly conform to the requirements both substantive and procedural embodied in the statute and the rules The
exercise of unguided discretion cannot be permissible because it will leave citizens and their legitimate business
activities to the peril of arbitrary power Each of these ingredients must be strictly applied before a provisional
attachment on the property of an assesses can be levied The Commissioner must be alive to the fact that such
provisions are not intended to authorize Commissioners to make preemptive strikes on the property of the assessee
merely because property is available for being attached There must be a valid formation of the opinion that a
provisional attachment is necessary for the purpose of protecting the interest of the government revenue
PROPORTIONALITYampSECTION83
The expressions in Section 83 give regard to both the purpose and necessity of provisional attachment implicate the
doctrine of proportionality Proportionality mandates the existence of a proximate or live link between the need for the
attachment and the purpose which it is intended to secure It also postulates the maintenance of a proportion between
the nature and extent of the attachment and the purpose which is sought to be served by ordering it
Moreover the words embodied in Section 83(1) would leave no manner of doubt that while ordering a provisional
attachment the Commissioner must in the formation of the opinion act on the basis of tangible material on the basis of
which the formation of opinion is based in regard to the existence of the statutory requirement
CONCLUSION
(I) Order 38 Rule 5 CPC provides for provision of Attachment before Judgment
(II) Section 83 of CGST Act 2017 are on same principle provides for Provisional attachment of any property of
assesse by commissioner for protecting interest of Govt Revenue
(III) Section 83 is based on Proportionality doctrine ndash ldquo for the purpose of necessity to do sordquo
(IV) Provisional attachment is based on test of Tangible Material
(V) Under the provisions of Rule 159(5) the person whose property is attached is entitled to dual procedural
safeguards
ARTICLE
ICSI-NIRC Newsletter I July 2021 82
(a) An entitlement to submit objections on the ground that the property was or is not liable to attachment
and
(b) An opportunity of being heard
(VI) The Opinion to passes order for Provisional attachment has to be on basis of material on record and based
on proportionality doctrine
(VII) Mere for expediency in revenue recover is not a ground for which provisional attachment to be passed
(VIII) Provisional attachment is draconian in nature
(IX) Section 83 does not provide for an automatic extension to any other taxable person from an inquiry
speciically launched against a taxable person under these provisions
(X) Since power to provisional attachment is delegated to Joint commissioner under Section 5(3) hence there is
no appeal available to Appellate authority under Section 107(1) because joint commissioner is not
performing functions of commissioner but of delegate Hence Writ petition was maintainable
(XI) Even where alternative remedy is available writ can be maintainable where
(a) Matter involved is of Fundamental rights
(b) Matter involved is of Natural Justice non-application of mind
(c) Matter involved absence of jurisdiction excess of jurisdiction
chapters of nirc of icsibull Agra
bull Ajmer
bull Alwar
bull Amritsar
bull Bareilly
bull Bhilwara
bull Bikaner
bull Chandigarh
bull Dehradun
bull Faridabad
bull Ghaziabad
bull Gorakhpur
bull Gurugram
bull Jaipur
bull Jalandhar
bull Jammu
bull Jodhpur
bull Kanpur
bull Karnal
bull Kota
bull Luchnow
bull Ludhiana
bull Meerut
bull Modinagar
bull Noida
bull Panipat
bull Patiala
bull Prayagraj
bull Shimla
bull Srinagar
bull Udaipur
bull Varanasi
ARTICLE
ICSI-NIRC Newsletter I July 2021 83
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shikha Saxena ACS
shikhasaxena214gmailcom
Goods andService Tax
Introduction GST was introduced to replace multiple indirect taxes levied by State and Central Government GST is
Single domestic indirect tax law for the entire country So it is an indirect tax which replaced many indirect taxes in India
such as excise duty VAT Service tax etc
Features
1 Destination Based Tax
2 Multi stage
DestinationBasedTax
It means tax will be levied at the place where goods and services are consumed not at the origin So the state which
consume the goods and services will have right to collect GST
Example A good is manufactured in Rajasthan and sold in Gujrat then the Rajasthan Government will receive revenue
from taxing manufacturing and warehousing whereas Gujrat Government will receive the revenue of the inal sale
MultiStage
GST is levied on on value addition done on every stage
Example Once raw material has been bought value is added by manufacturer by means of making the raw material into
a product The warehousing is the next step where value is added which is then sold to retailers where the inal addition
of value is done At each step GST will be levied
DifferenceBetweenGSTandearlierTaxSystem
EarlierTaxSystem GST
Goods
Manufacture Sale Excise Duty VatSales Tax
In case of Service Service Tax levied
GoodsServices
Supply
GST
Central GST Integrated GST State GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 84
HowGSTisBeneicialascomparetoearliertaxstructure
1 Removing the cascading effect of Tax
2 Higher threshold for GST Registration
3 Composition Scheme for small business
4 Simpler online facilities for GST Compliance
5 Deined treatment for e-commerce activities
6 Regulating the unorganized sector
In simple terms it can be explained through example
EarlierSystem GSTSystem
Product sale from Rajasthan to Gujrat Price Rs 1000 Price Rs 1000
VAT 10 Rs 100 CGST 5 Rs 50
Total Cost Rs 1100 SGST 5 Rs 50
Total Cost Rs 1100
Product sale from Gujrat to Haryana Cost Price Rs 1100 Cost Price Rs 1100
Proit Rs 1000 Proit Rs 1000
Sell Price = Cost + Proit Sell Price = Cost + Proit
Sell Price Rs 2100 Sell Price Rs 2100
CST 10 Rs 210 IGST 10 Rs 110
Total Price Rs 2310 Total Price Rs 2210
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
In the end every time an individual is able to claims the input tax credit the sale price is reduced and the cost price for
the buyer is reduced because of lower tax liability The inal value of the product is therefore reduced from Rs2310 to Rs
2210 thus reducing the tax burden on the inal customer
BeforestudyinggointodeeperitisnecessarytounderstandthejourneyofGSTin
IndiaHistoryofGSTinIndia
ARTICLE
ICSI-NIRC Newsletter I July 2021 85
ComponentsofGST
CGST Central Goods and Service Tax
They are levied by the central government for intrastate movement of goods and services Intrastate means within one
state CGST revenues go to the central government
SGST State Goods and Services Tax
They are levied by the state government thats state indirect taxes It is the tax collected by the state government on an
intra-state sale
IGST Integrated Goods and Services Tax
It is a tax collected by the Central Government for an inter-state sale
Sale Within the State CGST + SGST Revenue will be shared equally between the centre and the State
Sale to another State IGST There will only be one type of tax (central) in case of inter state sale The centre
will then share the IGST revenue based on the destination of goods
Turnover(ForsaleofGoods)
Registration Effective
Exceeds Rs 20 Lakh Yes- For Normal Category States stEffective from 1 April 2019
Exceeds Rs 20 Lakh Yes- For Special Category States stEffective from 1 April 2019
ForProvidingServices
Persons providing services need to register if their aggregate turnover exceeds Rs 20 Lakh for normal category states
and Rs 10 Lakh for Special category states
Asperthenewamendmentanoptionwasgiventothestatestooptfornewlimitsor
continuetheearlierstatusquo
N o r m a l C a t e g o r y
StateUTforanewlimit
ofRs40Lakh
Kerala Chhattisgarh Jharkhand Delhi Bihar Maharashtra Andhra Pradesh Gujrat
Haryana Goa Punjab Uttar Pradesh Himachal Pradesh Karnataka Madhya Pradesh
Odisha Rajasthan Tamil Nadu West Bengal Lakshadweep Dadra and Nagar Haveli
Daman and Diu Andaman and Nicobar Island and Chandigarh
NormalCategorystatewhochoosestatusquo
Telangana
SpecialcategoryStateswhooptedfornewlimitofRs40Lakh
Jammu and Kashmir and Assam
SpecialCategoryStateswhooptedfornewlimitofRs20Lakh
Puducherry Meghalaya Mizoram Tripura Manipur Sikkim Nagaland Arunachal Pradesh Uttarakhand
ARTICLE
ICSI-NIRC Newsletter I July 2021 86
Section 24 of the Central Goods and Service Tax Act 2017 explains the Provisions of compulsory registration
Oslash The person engaged in the inter-state taxable supply of goods or services or both
Oslash A casual taxable person engaged in taxable supply
Oslash Persons liable to pay tax under reverse charge mechanism
Oslash A non-resident taxable person engaged in providing taxable supply
Oslash A person liable to pay tax under section 9 (5) of the Act
Oslash The person liable to deduct tax at source (TDS)
Oslash Input Service Distributor
Oslash E-commerce operator
Oslash Person supplying online information and database access or retrieval services from a place outside India to a
person in India other than a registered taxable person
SlabRates
There are around six slabs of rates as per latest council meeting of GST
Rates Particulars
5 Cream and yogurt paneer cashew nut raisins fruit and nuts and a few others Now for these products
25 goes to the state government and the rest 25 goes to the CGST Many household items are
covered in this section
12 Citrus fruits jams sausages 20l drinking water statues pots and jars geometry box cutlery railway
coaches printer ink wooden toys and more Here for every product 6 goes towards CGST and 6
goes towards SGST This section covers processed food to a great extent
18 Bindis chocolates fountain pens tripods soap toothpaste and industrial intermediate products are
therein this slab Here 9 goes towards SGST and 9 goes towards CGST The central goods and
services tax act 2017 has a full list of items
28 Cigarettes caffeinated beverages pan masala motor cars and motorcycles air conditioners
refrigerators etc Mainly luxury items are covered in this sector In this 14 goes towards SGST and
14 goes towards CGST
3 Coins gold silver platinum imitation jewellery etc are taxed at 3 Here 15 goes towards SGST
and 15 towards CGST
25 Precious stones are taxed at 025 where 0125 goes towards CGST and 0125 goes towards SGST
0 There are also some products that are taxed at 0 basically they are tax free
Mammals live swine live bovine mammals birds insects ish curd lassi buttermilk bananas
apples grapes human hair sanitary napkins among others
ARTICLE
ICSI-NIRC Newsletter I July 2021 87
The central GST Act 2017 has a full updated list of all items under all GST tax slabs
NewCompliancesUnderGST
E-WaysBills E-invoicing
M a n u f a c t u r e r s t r a d e r s a n d
transporters can generate e-way bills
for the goods transported from the
place of its origin to its destination on
a common portal with ease
Tax authorities are also beneited as
this system has reduced time at check
-posts and helps reduce tax evasion
It is applicable on whose turnover of more than Rs500 crore in any preceding
inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100
crore
These businesses must obtain a unique invoice reference number for every
business-to-business invoice by uploading on the GSTNs invoice registration
portal The portal veriies the correctness and genuineness of the invoice
Thereafter it authorises using the digital signature along with a QR code
e-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to
the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the
generation of e-way bills too
Penalty If a person commits any GST offenseSection 122 to 138 of the GST Act deines Offences and Penalties under
GST
They divide the offences into two categories
A Offences Attracting Fiscal Penalties
B Offences Attracting Prosecution
It is very dificult to wrap up the entire GST Act into one article but here is the brief of GST to understand it better and
work towards it For more details you can Study Central Goods and Services Act 2017 and also contact on the given mail
ID
ARTICLE
ICSI-NIRC Newsletter I July 2021 88
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS shashank kothiyal ACS
shashankkothiyal9gmailcom
GST A Boon forIndian Economy
Introduction
Whether it was uniformity of taxation and consequent free interior trade or possession of the jewel in the crown at the
root of prosperity of Britain is debatable nonetheless the words of father of modern economics on the beneits of
uniformity of system of taxation cannot be taken too lightly Before implementation of Goods and Service Tax (GST)
Indian taxation system was a farrago of central state and local area levies By subsuming more than a score of taxes
under GST road to a harmonized system of indirect tax has been paved making India an economic union
Genesis
Several countries have already established the Goods and Services Tax In Australia the system was introduced in 2000
to replace the Federal Wholesale Tax GST was implemented in New Zealand in 1986 A hidden Manufacturers Sales Tax
was replaced by GST in Canada in the year 1991 In Singapore GST was implemented in 1994 GST is a value-added tax in
Malaysia that came into effect in 2015
Introduction
ARTICLE
ICSI-NIRC Newsletter I July 2021 89
MonthYear JourneyofGST
2000 In India the idea of adopting GST was irst suggested by the Atal Bihari Vajpayee Government in 2000
The state inance ministers formed an Empowered Committee (EC) to create a structure for GST based
on their experience in designing State VAT Representatives from the Centre and states were requested
to examine various aspects of the GST proposal and create reports on the thresholds exemptions
taxation of inter-state supplies and taxation of services The committee was headed by Asim
Dasgupta the inance minister of West Bengal Dasgupta chaired the committee till 2011
2004 A task force that was headed by Vijay L Kelkar the advisor to the inance ministry indicated that the
existing tax structure had many issues that would be mitigated by the GST system
February2005
The inance minister P Chidambaram said that the medium-to-long term goal of the government was
to implement a uniform GST structure across the country covering the whole production-distribution
chain This was discussed in the budget session for the inancial year 2005-06
February2006
The inance minister set 1 April 2010 as the GST introduction date
November2006
Parthasarthy Shome the advisor to P Chidambaram mentioned that states will have to prepare and
make reforms for the upcoming GST regime
February2007
The 1 April 2010 deadline for GST implementation was retained in the union budget for 2007-08
February2008
At the union budget session for 2008-09 the inance minister conirmed that considerable progress
was being made in the preparation of the roadmap for GST The targeted timeline for the
implementation was conirmed to be 1 April 2010
July2009 Pranab Mukherjee the new inance minister of India announced the basic skeleton of the GST system
The 1 April 2010 deadline was being followed then as well
November2009
The EC that was headed by Asim Dasgupta put forth the First Discussion Paper (FDP) describing the
proposed GST regime The paper was expected to start a debate that would generate further inputs
from stakeholders
February2010
The government introduced the mission-mode project that laid the foundation for GST This project
with a budgetary outlay of Rs 1133 crore computerised commercial taxes in states Following this
the implementation of GST was pushed by one year
March2011 The government led by the Congress party puts forth the Constitution (115th Amendment) Bill for the
introduction of GST Following protest by the opposition party the Bill was sent to a standing
committee for a detailed examination
June2012 The standing committee starts discussion on the Bill Opposition parties raise concerns over the 279B
clause that offers additional powers to the Centre over the GST dispute authority
November2012
P Chidambaram and the inance ministers of states hold meetings and set the deadline for resolution
of issues as 31 December 2012
ARTICLE
ICSI-NIRC Newsletter I July 2021 90
February2013
The inance minister during the budget session announces that the government will provide Rs9000
crore as compensation to states He also appeals to the state inance ministers to work in association
with the government for the implementation of the indirect tax reform
August2013 The report created by the standing committee is submitted to the parliament The panel approves the
regulation with few amendments to the provisions for the tax structure and the mechanism of
resolution
October2013
The state of Gujarat opposes the Bill as it would have to bear a loss of Rs 14000 crore per annum
owing to the destination-based taxation rule
May2014 The Constitution Amendment Bill lapses This is the same year that Mr Narendra Modi was voted into
power at the Centre
December2014
Indias new inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in
the parliament The opposition demanded that the Bill be sent for discussion to the standing
committee
February2015
Mr Jaitley in his budget speech indicated that the government is looking to implement the GST system
by 1 April 2016
May2015 The Lok Sabha passes the Constitution Amendment Bill Jaitley also announced that petroleum would
be kept out of the ambit of GST for the time being
August2015 The Bill is not passed in the Rajya Sabha Jaitley mentions that the disruption had no speciic cause
March2016 Mr Jaitley says that he is in agreement with the Congresss demand for the GST rate not to be set above
18 But he is not inclined to ix the rate at 18 In the future if the Government in an unforeseen
emergency is required to raise the tax rate it would have to take the permission of the parliament So a
ixed rate of tax is ruled out
June2016 The Ministry of Finance releases the draft model law on GST to the public expecting suggestions and
views
August2016 The Congress-led opposition inally agrees to the Governments proposal on the four broad
amendments to the Bill The Bill was passed in the Rajya Sabha
September2016
The Honourable President of India gives his consent for the Constitution Amendment Bill to become
an Act
The GST Council also inalised on the GST rates and GST rules The Government declares that the GST Bill will be
applicable from1July2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 91
Pre-GSTIndirectTaxStructureinIndia
GSTLawfromaConstitutionalPerspective
A DeinitionofGST
ldquoGoods and services taxrdquo means any tax on supply of goods or services or both except taxes on the supply of the alcoholic
liquor for human consumption As per Article 366(12A)
GoodsandServicesTax(GST) is anindirecttax(orconsumptiontax) used in India on the supply of goods and
services It is a comprehensive multistage destination-based tax comprehensive because it has subsumed almost all
the indirect taxes except a few state taxes Multi-staged as it is the GST is imposed at every step in the production
process but is meant to be refunded to all parties in the various stages of production other than the inal consumer and
as a destination-based tax it is collected from point of consumption and not point of origin like previous taxes
B ConstitutionalAmendment
bull Bill passed by Rajya Sabha on 03082016 amp Lok Sabha on 08082016
bull Notiied as Constitution (101st Amendment ) Act 2016 on 08092016
bull Key Features
uuml Concurrent jurisdiction for levy amp collection of GST by the Centre amp the States ndash Article 246A
uuml Centre to levy amp collect IGST on supplies in the course of inter-State trade or commerce including imports ndash
Article 269A
uuml Compensation for loss of revenue to States for ive years on recommendation of GSTC ndash Clause 19
uuml GST on petroleum crude high speed diesel motor spirit (commonly known as petrol) natural gas amp aviation
turbine fuel to be levied from a later date on recommendations of GSTC
ARTICLE
ICSI-NIRC Newsletter I July 2021 92
BeneitsofGST-AdvantageandDisadvantage
Advantages Disadvantage
1 The most important beneit is the removal of cascading
effect ie removal of tax on tax
2 Starting from registration to iling returns and payment
of GST tax its an online procedure
3 Startups wont be running around tax ofices for various
registrations and procedures under excise service tax
and VAT
4 Higher threshold for registration
5 Composition scheme for small business The purpose is
to ease the burden of compliance which enables the
small businesses to focus more on business and less on
compliance
1 The GST structure has been marketed well to portray it
as a simple concept but in reality the understanding is
complicated and distortionary to fully exploit the
expected beneits
2 Multiple tax rates and many complexities will result into
tax disputes and lead to more corruption
3 High confusion regarding the product classiication and
multiple rates is a major concern
4 The food industry has criticized the levying of higher
rates on value-added manufactured goods and has
asked for a simpler regime
5 Items like (i) Alcohol (ii) Real Estate and (iii) Electricity
have been kept out of this regime defeating the purpose
of one tax
ComponentsofGST
GST would be levied on a common base by both the central and the state government simultaneously The dual GST can
be categorized into the following
middot CentralGST(CGST)- GST to be levied by the central government
middot StateGST(SGST)UnionTerritoryGST(UTGST)- GST to be levied by statesUnion Territories with legislature
IntegratedGST(IGST)- GST levied by central government on inter-state supply of goods and services to ensure that the
credit chain is not disrupted Apart from the applicable custom duties import of goods and services would be treated as
inter-state supplies and would therefore be subject to IGST
ARTICLE
ICSI-NIRC Newsletter I July 2021 93
GSTRates
At the time of GST implementation former Finance Minister the late Mr Arun Jaitley said that the government wanted to
keep the GST rates close to the original rates But there were differences in case of some items because of the changes in
the economy as well as customer preferences Some commodities were kept in the high tax bracket (18-28) but on
scrutinizing the list they found that these commodities should be considered as necessities and not luxuries This is why
the GST rates were revised for commodities such as notebooks exercise books
FewGSTRatesare
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central ExciseService tax
Revenue will be shared equally between the Centre and the State
Sale to another State IGST Central Sales Tax + ExciseService Tax
There will only be one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
TaxRate Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
CompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
uuml E-WayBills GST introduced a centralised system of waybills by the introduction of ldquoE-way billsrdquo This system was
launched on 1st April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of
goods in a staggered manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods
transported from the place of its origin to its destination on a common portal with ease Tax authorities are also
beneited as this system has reduced time at check -posts and helps reduce tax evasion
uuml E-invoicing The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual
aggregate turnover of more than Rs 500 crore in any preceding inancial years (from 2017-18) Further from 1st
January 2021 this system was extended to those with an annual aggregate turnover of more than Rs100 crore
These businesses must obtain a unique invoice reference number for every business-to-business invoice by
uploading on the GSTNs invoice registration portal The portal veriies the correctness and genuineness of the
invoice Thereafter it authorises using the digital signature along with a QR code
E-Invoicing allows interoperability of invoices and helps reduce data entry errors It is designed to pass the invoice
information directly from the IRP to the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way bills too
ARTICLE
ICSI-NIRC Newsletter I July 2021 94
GoodsampServicesTax(GST)Council
GST Council is a constitutional body for making recommendations to the Union and State Government on issues related
to Goods and Service Tax The GST Council is chaired by the Union Finance Minister and other members are the Union
State Minister of Revenue or Finance and Ministers in-charge of Finance or Taxation of all the States
The Union Cabinet in its meeting held on 12th September 2016 approved setting-up of GST Council and setting up its
Secretariat As per Article 279A of the amended Constitution the GST Council which will be a joint forum of the Centre
and the States shall consist of the following members -
i Chairperson ndash Union Finance Minister
ii Vice Chairperson - to be chosen amongst the Ministers of State Government
iii Members - MOS (Finance) and all Ministers of Finance Taxation of each State
uuml Quorum is 50 of total members
uuml Decision by 75 majority
uuml States - 23 weightage and Centre - 13 weightage
uuml Council to make recommendations on everything related to GST including laws rules and rates etc
Introduction
stWe are living in 21 Century ie in the age of social media With the handy use of social media the question comes
whether these instant messages ie Whatsapp Messages are of any legal relevance and admissible in Courts
Lately now courts have begun to admit instant messages and pictures sent on these platforms as evidence in both
Criminal as well as Civil matters
ArewhatsappChatsadmissibleasEvidence
In this present digital world electronic devices are used frequently especially for business transactions One of the most
common tool for communication is Whatsapp With digitization the Indian judiciary has also become more advanced
and techno-friendly The Parliament had enacted the Information and Technology Act 2000 to redeine the deinition of
electronic record undersection2(1)(t)of Information and Technology Act 2000With the help of mobile phones
people are daily expressing themselves which results in extensive collection of records that may become evidence in
legal matters
CurrentScenarioofIndianlegalSystem
Section 65(B) of Indian Evidence Act was introduced in Information Technology Act 2000 in order to consider
electronic communication viz Email Computer generated documents Whatsapp messages etc as valid evidence in the
Courts of law A 3-judge bench of the Honble Supreme Court of India has recently clariied and elaborated the law on
thadmissibility of digital evidence in judicial proceedings vide its judgment dated 14 July 2020 in the matter of Arjun
PanditraoKhotkarvKailashKushanraoGorantyalampOrs
It was held that certiicate under Section 65B (4) of the Evidence Act (ldquoActrdquo) is essential for admissibility of electronic
records stating that the same is to the best of his knowledge and belief These measures are taken by the court to ensure
the source and authenticity of the electronic record Electronic evidence can be easily tampered altered with hence
these safeguards prove to be very signiicant to ensure justice especially in the cases where the conclusion of the trial is
based on the electronic records
1 The Punjab and Haryana High Court has ruled that WhatsApp messages may be relied upon by investigating
agencies during a crime investigation but a certiicate Section 65B of the Indian Evidence Act is essential for the
same (RakeshKumarSinglavUnionofIndia)
ARTICLE
ICSI-NIRC Newsletter I July 2021 95
Whether Whatsapp Chats areAdmissible In Courts
CS Akshit Gupta FCS
csakguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
2 AnvarPVVersusPKBasheer2014In this case the Court has interpreted Section 22A 45A 59 65A and 65B
of the Evidence Act and held that secondary information in CDDVDPen Drive is not acceptable without a
certiicate us 65 B (4) of Evidence Act
RelevanceoftheBlueTickintheAdmissibilityofWhatsappChat
The Bombay High Court while hearing an application iled by the SBICardsandPaymentsServicesPvtLtd(the
claimant)againstaresidentRohitJadhav observed that the defaulter who was evading the bank had not only
received the notice in a PDF ile but also opened it and read its contents This means he knows about the notice of bank
and he cannot invalidate such notice on the grounds of sending the same through the digital mode
JusticeGautamPatelheld in the above mentioned case that ldquoFor the purpose of service of the notice I will accept this I
do so because the blue icon indicators clearly show that not only were the message and its attachment delivered to the
respondents number but that both were openedrdquo
Conclusion
Laws relating to admissibility of electronic evidence are still facing some issues There are various questions which are
arising relating to authorship of certiicate Since admissibility of electronic evidence in the court are still facing few
issues even after the twenty years of Information Technology Act came into force we expect some major developments
and amendments in regards of these loophole
ARTICLE
ICSI-NIRC Newsletter I July 2021 96
dkekch dh jkg bruh vklku Hkh ugha
lius lHkh ckdh gS tks ns[ks Fks dHkhA
tu iy Hkj dk esjh fQrjr esa ugha
lQyrk dh cqfukn eSa fy[k jgk gwiexcl vHkhAA
rkmez bd [okc thfor jguk pkfg
esjs kgj ls d ubZ kqvkr gksuh pkfgA
eafty feys k uk feys s vyx ckr gS
lPph dksfkk dks mldk buke feyuk pkfgAA
ARTICLE
ICSI-NIRC Newsletter I July 2021 97
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
हम कपनी सिचव ह िसफ हार नही ह
िहम िशला पर िलखा वो लख नही जो पल म िपघल जाय
िशला पर िलखा वो लख ह जो अिमट अर ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
अजन की गाडीव सा कलम ह हमारा
क की सदसन सा तज ह ान
कानन की धाराओ और अनछदो स नही ह हम अनजान
ा ण भगर लोभनो क वजह स हम िनरर ह
कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
हम वा ही नही ितवा भी हम ही ह
हम वो ह जो िनर सदा ही ह
हम तो ान क गगन म गगनचर पख ह
कानन क जगत म हम एक अिधकत हार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
dEiuh lfpoCS Prahalad Kumar ACS
email2prahaladgmailcom
ला हो उस ालन को जो सघष की ितमित थी
आज अपन हजनो को ा चहरा िदखाएग
ाग आाकारता का कशल नततव सीखन वाल
ा आज भड़ चलो म फसन की वजह स हम सार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
कपनी पजीकरण स िवलय तक का समथ ाता ह हम
आिथक मदी स उबारन क िलए जान जात ह हम
िविध का पण ह कवल अर नही ह हम
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 98
InitiativesofChapters
Noida
bull On the occasion of PCS Day 2021 Tuesday 15th June 2021 Noida Chapter organised a webinar on the topic
Talk on Future Ready PCS- Insights into Future Challengesrdquo from 0500 pm to 0630 pm During the webinar
Noida Chapter of NIRC felicitated 2 Practicing Company Secretaries having more than 25 years of practice
experience amp 2 PCS irms with three or more partners Appreciation certiicates were given to them and they
shared their experience and journey briely
bull Webinar held on Friday 18th June 2021 from 0500 pm to 0630 pm on the topic Producer Company
Governanceamp Compliance
bull Webinar held on Saturday 19th June 2021 from 1100 am to 1230 pm on the topic Practical tips for settlement
of legal disputes
bull Webinar on the Topic ldquoRole of Company Secretaries During Covid and Post Covid Periodrdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part -1)rdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part - II)rdquo
bull Noida Chapter of NIRC of the ICSI organized four days Online NCLT Workshop on 3rd 4th 10th amp 11th June
2021 from 0500 pm to 0700 pm
bull In view of International Yoga Day Noida Chapter of NIRC organized 4 Yoga Sessions on four consecutive
Saturdays from 29thMay 2021 till 19thJune 2021
Bareilly
bull On 5th June 2021 Bareilly Chapter organized a webinar on the theme A brief overview of Recent Amendments amp
Relaxations under Companies Act 2013
bull On 19th June 2021 during the PCS Week one more webinar was organized by Bareilly Chapter on the theme
Opportunities under Insolvency and Bankruptcy Code
bull On 29th June 2021 5th One Day Orientation Program during 2021 for CS Executive students was organized by
the Chapter through virtual mode
Meerut
bull Online Study Circle for students on the topic of Recent amendments in CSR on 12062021
bull PCS Day - webinar on the topic Opportunities under Insolvency amp Bankruptcy Code on 18062021
Modinagar
bull Modinagar Chapter celebrated GST Day 2021 on 05th July 2021
ICSI-NIRC Newsletter I July 2021 99
Faridabad
bull MoU signing ceremony with Pt J L N Govt College FBD - 23042021 in Presence of Chairman NIRC (Virtual)
bull MoU Signing Ceremony with Aggarwal College FBD --10062021 in Presence of Chairman NIRC (virtual)
bull MoU Signing ceremony with IMT College FBD - 23062021 in presence of Chairman NIRC (Virtual)
bull MoU Signed with hospitals -
1) SSB Multi Heart Specialty Hospital on 17042021
2) QRG Hospital w e f 23032021
bull Study Session on Recent Amendments in Companies Act 2013 on Saturday 10th April 2021 at Chapter premises
bull 2nd EDP Batch(15 days) - Classroom Mode wef 03042021 to 20042021
bull PCS Day Celebration on Tuesday 15th June 2021 by Faridabad Chapter
bull WEBINAR on FDI under FEMA on Saturday 19062021
Kota
bull Kota Chapter is celebrating Student month by organizing various activities for students in July 2021
Jaipur
bull PCS Day celebrations week ( Five Webinar )
bull International yoga Day Celebration
bull Workshop at yoga 01062021 to 30062021
bull Vaccination Drive with Fortis Hospital
bull Joint Webinar by Chapter of Rajasthan
bull Online CAP
Gorakhpur
bull Gorakhpur Chapter conducted webinar on Deposit amp Loan to Director on 24th May 2021 The Chief Guest of the
webinar was CS Nagendra D Rao President ICSI and the Guest of Honour was CS HimanshuHarbola Treasurer
NIRC of ICSI
bull Gorakhpur Chapter also conducted webinar on ICSI Auditing Standards on 7th June 2021 The Chief Guest of the
webinar was CS Devendra D Deshpande Vice President ICSI and the Guest of Honour was CS Vimal Gupta
Chairman NIRC of ICSI
bull On 11th June 2021 Gorakhpur Chapter conducted webinar on Dematerialisation E-Voting and Other Issuer
Services of NSDL The Chief Guest of the webinar was CS MamtaBinani Past President ICSI and the Guest of
Honour was CS SusshilDaga Vice Chairman NIRC of ICSI
bull On the occasion of PCS Day 2021 A Panel Discussion was organised by Gorakhpur Chapter on the topic
Opportunities for Company Secretaries in Developing Cities on 15th June 2021 The Special Guest of the
programme was CS Manish Gupta Council Member ICSI The Panel discussed about the various opportunities for
CS in small and developing cities in India
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 100
bull On 27th June 2021 Gorakhpur Chapter organized Blood Donation Camp in collaboration with ICAI Gorakhpur
and JCI Gorakhpur More than 70 persons donated their blood in the camp
bull The Chapter also celebrated Van Mahotsav on 01st July 2021 and GST Day on 05th July 2021 On The occasion of
GST Day celebration
Bhilwara
bull Bhilwara Chapter of NIRC of ICSI organised a webinar on the topic Health Care in COVID-19 on 1st June 2021 The
chief guest of the webinar was CS Vimal Gupta Chairman NIRC
bull On the occasion of PCS Day Celebration Bhilwara Chapter organised a webinar on 12th June 2021 on the topic
Recent Amendments in Companies Act amp MCA Version 30 On that occasion Bhilwara Chapter felicitate the PCS
Members who are practicing 15 years and more
bull Bhilwara Chapter also organised a Yoga session for Members and Students on 19th June 2021
Karnal
bull Following Webinars were organised by Karnal Chapter for Members
1 3rd May 2021 on the topic Unpacking the Nuances of Oppression and Mismanagement
2 29th May 2021 on the topic Interpersonal and Professional Skills for Company Secretaries
3 09th June 2021 on the topic Recent Amendments in Companies Act 2013rdquo
4 16th June 2021 on the topic Interpretation of Statutes for Company Secretaries
bull PCS Day was celebrated with a Webinar on 15th June 2021 on the Theme Opportunities for Company Secretaries
bull In addition to this a Non academic session for Members was organised on 28th June 2021
bull For Students 1 Five days EDP (ADP) and 6 PDPs were conducted online
Udaipur
bull Udaipur Chapter conducted Free Vaccination Drive for Members Students and their Family Members on
24062021
bull Udaipur Chapter organised three Webinar for members on 07062021 15062021 and 26062021
bull Udaipur Chapter organised Yoga Session through virtual mode for members and students on 27th June 2021
bull Udaipur chapter organised Career Awareness Programme for Students
Ghaziabad
bull Ghaziabad Chapter organized 05 days webinar series from 11th June 2021 to 16th June 2021 and invited Senior
faculties during the series CS Vineet Chaudhary Central Council Member The ICSI was Chief Guest on June 15 2021
bull Ghaziabad Chapter organized MOU Signing Ceremony for Academic Collaboration between the ICSI and Maharishi
University of Information Technology on Tuesday June 29 2021 at Maharishi Law School Maharishi University of
Information Technology Maharishi Nagar Sec 110 Noida Uttar Pradesh 201304 CS Nagendra D Rao Honble
President The ICSI graced the occasion with his benign presence
bull Ghaziabad Chapter of NIRC of ICSI conducted a webinar on the topic ldquoStay Positiverdquo with view of giving enthusiasm
and undeniable energy to all the members to express themselves their fears their positive thoughts everything amp
The need of the hour is Expression as well as Motivation on Saturday June 26 2021
bull Ghaziabad Chapter of NIRC of ICSI celebrated International Yoga Day
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 101
CSBF
COMPANYSECRETARIESBENEVOLENTFUND
MEMBERSENROLLEDREGIONWISEASLIFEMEMBERSOFTHECOMPANYSECRETARIESBENEVOLENTFUND
DURINGTHEPERIOD01032021TO30062021
REGION LMNO NAME MEMBNUMBER
NIRC
1 14821 MR GAURAV KUMAR MODI ACS - 64694
2 14830 MR ANKIT ANIL PARDESHI ACS - 62406
3 14831 MR SHAH NAWAZ ACS - 41049
4 14832 MS RICHA KHANDELWAL ACS - 47398
5 14838 MR AMRENDER KUMAR YADAV ACS - 41946
6 14839 MS RENU KATHURIA ACS - 34023
7 14844 MR SUMIT KUMAR SINGH ACS - 50243
8 14857 MR PARITOSH CHAUHAN ACS - 42603
9 14862 MS RIYA KHURANA ACS - 58282
10 14868 MS VRUSHALI RAJESHKUMAR DARJI ACS - 54675
11 14869 MR AMIT KUMAR MANGLA ACS - 32638
12 14870 MS KHUSHBOO BHATT ACS - 43508
13 14872 MR VIKASH GUPTA FCS - 9198
14 14876 MR ATUL KUMAR SINGH ACS - 38572
15 14880 MR ANSHUL JAIN ACS - 43863
16 14882 MR AMAN RATRA ACS - 55296
17 14888 MS CHAKSHOO MEHTA ACS - 42309
18 14892 MS DIVYA GAUR ACS - 47360
19 14897 MR ANKIT GOEL ACS - 52633
20 14902 MR SANDEEP KUMAR FCS - 9075
21 14907 MR SAURABH JAIN ACS - 45759
22 14908 MR MANISH KUMAR VERMA FCS - 10023
23 14909 MR HIMANSHU YADAV ACS - 44654
24 14912 MR ANKUR DUDANI ACS - 63498
25 14917 MR PANKAJ SHARMA ACS - 61152
26 14918 MS NAVITA GUPTA ACS - 51316
27 14919 MS ARSHDEEP KAUR JUDGE ACS - 33911
28 14923 MR KARM SAWHNEY ACS - 64986
ICSI-NIRC Newsletter I July 2021 102
CSBF
29 14926 MR LALIT KUMAR ACS - 49701
30 14930 MR DEVESH UPPAL ACS - 53648
31 14937 MS JASLEEN KAUR ACS - 55304
32 14941 MR DHRUV SHARMA FCS - 10760
33 14942 MR MOHD ZAFAR FCS - 9184
34 14944 MR CHANDRAKANT GUPTA ACS - 50829
35 14945 MR AKSHAY SACHAN ACS - 55246
36 14947 MR ARPIT KALANI ACS - 63919
37 14951 MR VIPUL JAIN ACS - 59021
38 14961 MR DHEERAJ ACS - 27493
39 14967 MR MAYANK ACS - 57784
40 14968 MR ASHU DHALL ACS - 50635
41 14971 MR PRINCE KUMAR FCS - 11000
42 14972 MR SUMIT GOYAL ACS - 54398
43 14974 MS DIVYA KHANNA ACS - 53941
44 14976 MS MONIKA GUPTA ACS - 59297
45 14979 MR MOHAMMAD KHALID ACS - 34335
46 14980 MR MUSTKEEM ACS - 56334
47 14982 MR SURESH KUMAR GUPTA FCS - 11059
48 14987 MS SONI PANDIYA ACS - 60696
49 14989 MR PRADEEP KUMAR ACS - 63052
50 14993 MR ANUPAM SRIVASTAVA ACS - 54503
51 15000 MR ROHIT SHRIVASTAVA ACS - 56732
52 15007 MR BHANU BHARGAVA ACS - 30370
53 15010 MS POOJA SINGH ACS - 39178
54 15012 MR NITESH KUMAR JHA ACS - 64377
55 15013 MR ASHWANI KUMAR ACS - 53574
56 15018 MR DEEPENDRA KUMAR MISHRA ACS - 63335
57 15024 SH PIYUSH AGARWAL ACS - 25165
58 15028 MR WASEEM ANWAR ACS ndash 39572
59 15029 SH VIKAS SETHI ACS - 17411
60 15037 MR SHOBHIT KUMAR KUSHWAHA ACS - 46660
61 15039 MR RAVI SHARMA ACS - 54818
62 15044 MR ANURAG PANDEY ACS - 50091
ICSI-NIRC Newsletter I July 2021 103
CSBF
63 15051 MS SHIVANGI SHARMA ACS - 59088
64 15053 MS DEEPTI JOSHI ACS - 51950
65 15058 MR JAGBIR SINGH FCS - 10983
66 15061 MR LOKESH SHARMA ACS - 50553
67 15062 MR KAMRAN SIDDIQUI ACS - 46943
68 15065 MS NEHA SRIVASTAVA ACS - 43927
69 15066 MS RUPALI SHARMA ACS - 37249
70 15070 MR SACHIN GUPTA ACS - 60203
71 15077 SH ASHISH MALKOTIA ACS - 17526
72 15078 MS NIDHI BHARDWAJ ACS - 56098
73 15080 SH ABHINAV RASTOGI ACS - 17692
74 15084 MR ASHISH MISRA ACS - 29368
75 15091 SH RATNESH PRASAD RUKHARIYAR FCS - 5833
76 15094 MR RAHUL CHOUDHARY ACS - 52647
77 15096 MR SHRAWAN KUMAR SHUKLA ACS - 53492
78 15099 MR SHIVAM GOEL ACS - 57386
79 15103 MR YOGESH MAHESHWARI ACS - 39675
80 15106 MS ANUJA JAIN ACS - 57084
81 15107 SH BANOJ KUMAR PRADHAN ACS - 15324
82 15116 MS REETIKA JHOTA ACS - 22130
83 15124 MS SANJANA CHHABRA ACS - 49167
84 15125 MR VAIBHAV SHUKLA FCS - 10556
85 15127 MS POOJA AGGARWAL ACS - 27524
86 15130 MR BHUPENDRA KAUSHIK FCS - 9884
87 15132 MS GAUTAMI GUPTA ACS - 57547
88 15138 MS SHINJINI MUKHERJEE ACS - 65425
89 15140 MS DEEPIKA SIDANA ACS - 55544
90 15141 MR ANMOL KAPOOR ACS - 57017
91 15142 MR KARAN SINGH ACS - 46641
92 15143 SH VIJAY KUMAR KAKKAR ACS - 25145
93 15144 MR NARENDER KUMAR ACS - 40175
94 15150 MS MANSI AWANA ACS - 36655
95 15154 MR AMIT KUMAR ACS - 61851
96 15155 MR AYUSH KUMAR JAIN ACS - 56424
97 15156 MS REKHA RANI NARANIWAL ACS - 38803
ICSI-NIRC Newsletter I July 2021 104
CSBF
98 15158 MS ANJALI GUPTA ACS - 20688
99 15164 MS NIDHI DANG FCS - 10548
100 15168 MR GYANESH KUMAR MISHRA ACS - 46816
101 15170 MS JASWANT KAUR ACS - 18106
102 15173 MS MEHAK GUPTA FCS - 10703
103 15175 MS SHILPI FCS - 11047
104 15177 MS SHEETAL NAHARIA FCS - 11193
105 15178 SH SURENDRA KUMAR SHARMA FCS - 5737
106 15180 MR ASHISH BANSAL ACS - 40217
107 15195 SH NARENDER KUMAR SHARMA FCS - 3189
108 15198 MS POOJA KUMARI ACS - 41504
109 15201 MS UPASNA THAKRAL ACS - 35559
110 15202 MS RENU ACS - 50393
111 15206 MR SWAPNIL AWASTHI ACS - 65802
112 15209 MS ANSHULA CHOUDHARY FCS - 10639
113 15220 MR ISHAN KHANNA ACS - 53517
114 15232 MS VIDHI KANSAL ACS - 24018
115 15233 MR NEERAJ KUMAR KHATRI ACS - 36858
116 15234 MR NIRBHAY ROCHWANI ACS - 44914
117 15235 MR SUMIT RAWAT ACS - 58125
118 15237 MS ARCHITA GUPTA ACS - 39294
119 15238 MS ANKITA GUPTA ACS - 27518
120 15239 SH SATISH KUMAR NIRANKAR FCS - 9605
121 15241 SH VIKASH JOSHI ACS - 19524
122 15245 MR VIKAS YADAV ACS - 43530
123 15250 MRS SHALU VARSHNEY ACS - 17344
124 15253 MS DEEPTI ARORA ACS - 31707
125 15254 MR MOHIT VARSHNEY ACS - 60762
126 15255 MS SHIKHA GOYAL ACS - 60381
127 15257 MS ANNU GUPTA ACS - 47525
128 15258 MR NITESH KUMAR YADAV ACS - 61297
129 15259 MR AAKARSHIT JAI ACS - 63632
130 15260 MS MEHAK MONGA ACS - 43728
131 15261 MR GAUTAM KHURANA ACS - 64072
132 15262 MR ISHAAN SHARMA ACS - 65147
133 15263 MS PALLAVI KAPOOR ACS - 64753
134 15264 MS MANISHA GUPTA ACS - 62708
135 15266 SH LALAN KUMAR SINGH FCS - 7837
136 15269 MR AKASH KANDOI ACS - 48651
137 15272 MR NISHANT PRITAM RAJ ACS - 64110
138 15273 MR INDRA JEET YADAV FCS - 10330
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-
ICSI-NIRC Newsletter I July 2021 05
FROM THE CHAIRMAN
WebinaronDiscussiononPrinciplesofGovernancefromIndianScriptureson19
June2021
NIRC organized a Webinar on the theme Discussion on Principles of Governance from Indian Scriptures on 19th June
2021 CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of
Accountants) was the Guest speaker CS Amit Gupta Regional Council Member NIRC-ICSI was the Program DirectorI am
thankful to CS (Dr) P V S Jagan Mohan Rao ji for sharing his knowledge and keeping the session interactive
FelicitationCeremonyOrganizedByNIRC-ICSIasPartofPCSDayCelebrationson19
June2021
With a view to commemorate PCS Day on 15th June NIRC of ICSI as part of PCS Day celebrations organized a Felicitation
Ceremony through online mode on 19th June 2021 to felicitate the following -
1 Company Secretaries who are in Practice for more than 25 years
2 Firms of Company Secretaries in Practice having minimum of 3 Partners as on date
3 Firms of Company Secretaries in Practice having minimum of 3 qualiied Company Secretaries on rolls (with CS
in) as on date
CelebrationsofInternationalDayofYoga2021
ICSI ICAI amp CMA jointly commemorated International Day of Yoga by organizing a Webinar on How to Rejuvenate from stCOVID Impact through Yoga on 21 June 2021 Swami Ramdevji International Yog Guru was the Chief Guest CA (Dr)
Girish Ahuja Tax Guru CS Nagendra D Rao President ICSI CA Nihar N Jambusaria President ICAI and CMA Biswarup
Basu President CMA were the Guest of Honour The Webinar was attended by around 45000 participants I am thankful
to all the dignitaries for sparing their time and encouraging the participants to do Yoga
4DaysonlineMasterClassonGST-NewOpportunities(21edition)
NIRC organized 4 Days Online Master Class on theme GST Opportunities from Tuesday 28th June 2021 to Saturday
03rd July 2021 The Master Class was to commemorate GST Day CS (Adv) Sumit Wadhwa Abbot Law Ofice was the
Guest Speaker on 28th June 2021 He spoke on the topic GST Fundamentals ndash Practical Overview CA Akshay Kumar
Jain Akshay Kumar Jain amp Co LLP was the Guest Speaker on topic Input Tax Credit and Returns on 30th June 2021 CS
Jagmohan Bansal Sr Advocate was the Guest Speaker on 2nd July 2021 He spoke on the topic Role of Professional And
Litigations in GST Arena and CS Sanjay Malhotra Practicing Company Secretary was the Guest Speaker on 3rd July
2021 His coverage included Time and Place of Supply - Relevance And Signiicance CS GS Sarin Chairman PCS
Committee and Past Chairman NIRC-ICSI was the Program Director The Master Class was attended by good number of
Participants I am thankful to all the speakers for sparing their valuable time and sharing their rich experience with the
members
nd4DaysonlineMasterClassonFEMA(22 edition)
NIRC organized 4 Days Online Master Class on theme FEMA from Monday 05th July 2021 to Thursday 08th July 2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells was Guest
Speaker He covered the topics which includes Foreign Direct Investments amp Overseas Direct Investments External
Commercial Borrowings (ECB) amp Imports Export amp Liberalised Remittance Scheme (LRS) Compounding under FEMA
amp Late Submission Fees etc The Master Class was attended by good number of Participants I am thankful to CS Atul
Mittal ji for sparing his valuable time on all four days of Master Class and sharing his words of wisdom with the
participants
ICSI-NIRC Newsletter I July 2021 06
FROM THE CHAIRMAN
WebinaronSEBI-LODRon9July2021
NIRC organized a Webinar on the theme SEBI-LODR on 9th July 2021 Ms Purna Devi Director Global Compliance amp
Reporting Entity Compliance and Governance EY was the Guest speaker CS Himanshu Harbola Treasurer NIRC-ICSI
was the Program Director I am thankful to the speaker for sparing her time and sharing of knowledge with the
participants
ICSIMegaPlacementDrive-I
ICSI Mega Placement Drive I of Northern Region is scheduled through Virtual mode for young members This provides
beneit to both recruiters and candidates as its convenient to interact without getting into the hassle of commuting and
still getting the insight of the Organizations and Candidates
StudentMonth
ICSI-NIRC celebrated the month of July 2021 as the Student Month starting with planting of sapling on 1st July 2021 ie
Van Mohatsav and subsequently various online activities were organized for students including Life Skills Sessions Soft
Skills Sessions PPT making Competition Samadhan Divas etc A good number of students participated in all the
activities
ManagementSkillsOrientationProgram(MSOP)
Valedictoryof321batchofMSOP
The Valedictory function of 321st Batch of MSOP held on 17th June 2021 CS Vijay Kumar Kaul Practicing Company
Secretary was the Chief Guest of the occasion We distributed the MSOP Completion certiicates and awards to the
participants
Inaugurationof322ⁿBatchofMSOP
We inaugurated 322nd Batch of MSOP through online mode on 29th June 2021
OnlineCareerAwarenessPrograms
NIRC organized various Online Career Awareness Programs for Students and Teachers of various Schools amp Colleges We
apprised the students and their parents about the Role of Company Secretary Company Secretary in Employment
Company Secretary in Practice and Eligibility Validity and Cut-off Dates for Registration in CS
I look forward to your valuable suggestions and feedback Feel free to interact with me at chairmannircicsiedu
Stay Safe Stay Healthy take care
With best regards
CSVimalGuptaChairmanNIRC-ICSI
Mob99833242829314324282
GLIMPSES
ICSI-NIRC Newsletter I July 2021 08
GLIMPSES
CelebrationsofInternationalDayofYoga2021
Swami Ramdev ji International Yog Guru CS Nagendra D Rao President ICSI CS Manish Gupta Central Council
Member ICSI CS Vimal Gupta Chairman NIRC-ICSI and CA (Dr) Girish Ahuja Tax Guru addressing the Participants
Screen View of session
ICSI-NIRC Newsletter I July 2021 09
GLIMPSES
WebinaronthethemeOpportunitiesunderArbitrationon17June2021
CS NPS Chawla Central Council Member ICSI amp Associate Partner Vaish Associates addressing the Participants Also
seen CS Vimal Gupta CS Devender Suhag Secretary NIRC-ICSI CS GS Sarin Past Chairman NIRC-ICSI and CS Sonia
Baijal Regional Director NIRC-ICSI
WebinaronthethemeOpportunitiesasRegisteredValueron18June2021
CS (Dr) Ajay Garg Corporate Valuer Counsel and Lawyer addressing the Participants Also seen CS Vimal Gupta and CS
GS Sarin
FelicitationCeremonyorganizedbyNIRC-ICSIaspartofPCSDaycelebrationson19June2021
CS Vimal Gupta CS Manish Gupta CS NPS Chawla CS Nesar Ahmad Past President ICSI CS Suresh Pandey Immediate
Past Chairman NIRC-ICSI CS GS Sarin CS Saurabh Kalia Regional Council Member NIRC-ICSI CS Monika Kohli Regional
Council Member NIRC-ICSI and CS Bhupesh Gupta Regional Council Member NIRC-ICSI addressing the Participants
ICSI-NIRC Newsletter I July 2021 10
GLIMPSES
FelicitationofmembersonPCSDay
WebinaronthethemeDiscussiononPrinciplesofGovernancefromIndianScriptureson19June2021
CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of Accountants)
addressing the Participants Also seen CS GS Sarin CS Suresh Pandey CS Amit Gupta Regional Council Member NIRC-
ICSI CS Saurabh Kalia and CS Sonia Baijal
WebinaronThemeSEBI-LODRon9July2021
Ms Purna Devi Director Global Compliance amp Reporting Entity Compliance and Governance EY addressing the
Participants Also seen CS Vimal Gupta CS Himanshu Harbola Treasurer NIRC-ICSI and CS Sonia Baijal
FelicitationofmembersonGSTDay
ICSI-NIRC Newsletter I July 2021 11
GLIMPSES
4DaysOnlineMasterClassonGSTOpportunities(21Edition)from28June2021to03July2021
Day129062021
CS (Adv) Sumit Wadhwa Abbot Law Ofice addressing the Participants Also seen CS Vimal Gupta and CS GS Sarin
Day230062021
CA Akshay Kumar Jain Akshay Kumar Jain amp Co LLP addressing the Participants Also seen CS GS Sarin
Day302072021
CS Jagmohan Bansal Sr Advocate addressing the Participants Also seen CS GS Sarin
Day403072021
CS Sanjay Malhotra Practicing Company Secretary addressing the Participants Also seen CS GS Sarin and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 12
GLIMPSES
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiUniversityofInformationTechnology
CS Nagendra D Rao President ICSI CS Sonal Jain Chairperson Ghaziabad Chapter of NIRC-ICSI CS Sakshi Mittal
Management Committee Member Ghaziabad Chapter of NIRC-ICSI and CS Arjunn Kr Tyagi Immediate Past Chairman
Ghaziabad Chapter of NIRC-ICSI addressing the Participants Also seen Dr Annu Behl Mehra Prof MUIT Dr Akhand
Pratap Singh Registrar MUIT Prof (Dr) KB Asthana Dean Maharishi Law School MUIT CS Awanish Srivastava Mr A
K Srivastava Joint Secretary ICSI CS Nitin Goel Mr Vinay Kumar Chapter Incharge Ghaziabad Chapter of NIRC-ICSI
along with other dignitaries
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiAggarwalCollegeBallabgarhFaridabadInstituteofManagementampTechnology
FaridabadampPtJLNGovtCollegeFaridabad
CS Vimal Gupta CS Arun Goel Chairman Faridabad Chapter of NIRC-ICSI CS Anmol Nakra Vice- Chairman Faridabad
Chapter of NIRC-ICSI Dr Krishan Kant Principal Aggarwal College Dr Rekha Sain Dr Manoj Shukla Aggarwal College
Prof (Dr) Ravi K Handa Director IMT College Dr Parul Khanna Vice- Principal IMT College Dr M K Gupta Principal
Pt JLN Govt College Ms Preeti Kapoor Asso Prof Pt JLN Govt College Ms Suman Iyer EO Faridabad Chapter of NIRC-
ICSI along with other dignitaries
ICSI-NIRC Newsletter I July 2021 13
GLIMPSES
stValedictoryFunctionndash321 MSOP
CS Vijay Kumar Kaul Practicing Company Secretary CS Vimal Gupta CS SusshilDaga Vice-Chairman NIRC-ICSI CS
Devender Suhag CS Himanshu Harbola CS Suresh Pandey CS GS Sarin and CS Surya Kant Gupta Regional Council
Member NIRC-ICSI addressing the Participants
ndInauguralFunctionndash322 MSOP
CS Vimal Gupta and CS Suresh Pandey addressing the Participants
4DaysOnlineMasterClassonFEMA(22ⁿEdition)from5July2021to8July2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells addressing the
Participants Also seen CS Vimal Gupta CS Devender Suhag and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 14
AGM
Notice is hereby given that the 40th Annual General Meeting of the members of the Institute of Company Secretaries of
India (ICSI) in the Northern Region forming part of Northern India Regional Council (NIRC) will be held on Wednesday
the 28th July 2021 at 1000 AM through online video conferencing at the link to transact the httpsbitly3qUlgZZ
following business(es)-
1 To receive consider and adopt Audited Balance Sheet as at 31st March 2021 the Income and Expenditure
account for the year ended on that date Report of the Regional Council and Auditors Report thereon
2 To appoint Ms Mukesh A Mittal amp Co Chartered Accountants Delhi as Statutory Auditors in place of retiring
Auditors Ms Mittal amp Mittal Associates Chartered Accountants to hold ofice from the conclusion of this Annual
General Meeting until conclusion of the next Annual General Meeting and to ix their remuneration
By order of The Northern India Regional Council of ICSI
Notice Of Annual General Meeting
(CSDEVENDERSUHAG)SecretaryNIRC-ICSIPlace New Delhi
Dated 13 July 2021
Note(s)
1 The members are requested to send their queries on inancial accounts andor functioning of NIRC through email
at niroicsiedu at least three (3) days in advance so that answers may be made available at the meeting
2 Members are requested to update the changes in their address(es) e-mail IDs contact details and other
particulars in their respective members account on ICSI portal for enabling NIRC to disseminate information
about activities and programs
3 In order to promote the Green Initiative the ICSI vide its letter dated 21102011 directed all its Regional Councils
to send the Annual Report to the members through electronic mode Accordingly NIRC is sending Annual Report
for the year 2020-21 through e-mail Members may also viewdownload Annual Report from the child portal of
NIRC ICSI (httpswwwicsiedunirohome)
4 Due to COVID-19 no physical copy of Annual Report shall be available for reference of the members
5 Web link to Join Annual General Meeting is (the link will be activated at 0940 AM on 28th httpsbitly3qUlgZZ
July 2021)
ICSI-NIRC Newsletter I July 2021 15
AGM
To
TheMembersofNIRCoftheICSI
REPORTONTHEAUDITOFTHEFINANCIALSTATEMENTS
Opinion
We have audited the accompanying standalone inancial statements of NORTHERNINDIAREGIONALCOUNCILOF
THEINSTITUTEOFCOMPANYSECRETARIESOFINDIANew Delhi which comprise the Balance Sheet as at 31st March
2021 and the statement of Income and Expenditure Cash Flow and a summary of the signiicant accounting policies and
other explanatory information
In our opinion and to the best of our information and according to the explanations given to us said Balance Sheet the
Income and Expenditure Account and Cash Flow Statement read together with the Schedule amp Notes thereon give a true
and fair view
1 In so far as it relates to the Balance Sheet of the State of Affairs of the NIRC of the ICSI as at 31st March 2021 and
2 In so far as it relates to the Income amp Expenditure account of the Excess of Income over the Expenditure of the
NIRC of the ICSI for the year ended on that date
3 In so far as it relates to the Cash Flow Statement of Cash Flow of the NIRC of the ICSI for the year ended on that
date
BasisforOpinion
We conducted our audit in accordance with the Standards on Auditing (SAs) generally accepted in India Our
responsibilities under those Standards are further described in the Auditors Responsibilities for the Audit of the
Financial Statements section of our report We are independent of the Entity in accordance with the Code of Ethics
issued by the Institute of Chartered Accountants of India together with the ethical requirements that are relevant to our
audit of the inancial statements and we have fulilled our other ethical responsibilities in accordance with these
requirements and the Code of Ethics We believe that the audit evidence we have obtained is suficient and appropriate
to provide a basis for our opinion
ResponsibilityoftheManagementfortheFinancialStatements
The NIRC of the ICSI are responsible for the preparation of these inancial statements that give a true and fair view of the
inancial position and inancial performance and cash low of NIRC of the ICSI in accordance with the accounting
principles generally accepted in India and formulated by the ICSI This responsibility also includes maintenance of
adequate accounting records in accordance with the applicable provisions for safeguarding the assets of the NIRC of the
ICSI and for preventing and detecting frauds and other irregularities selection and application of appropriate
accounting policies making judgments and estimates that are reasonable and prudent and design implementation and
maintenance of adequate internal inancial controls that were operating effectively for ensuring the accuracy and
completeness of the accounting records relevant to the preparation and presentation of the inancial statements that
give a true and fair view and are free from material misstatement whether due to fraud amp error
Independent auditorrsquos report
ICSI-NIRC Newsletter I July 2021 16
AGM
AuditorsResponsibilitiesfortheAuditoftheFinancialStatementsOur objectives are to obtain reasonable assurance about whether the inancial statements as a whole are free from
material misstatement whether due to fraud or error and to issue an auditors report that includes our opinion
Reasonable assurance is a high level of assurance but is not a guarantee that an audit conducted in accordance with SAs
will always detect a material misstatement when it exists Misstatements can arise from fraud or error and are
considered material if individually or in the aggregate they could reasonably be expected to inluence the economic
decisions of users taken on the basis of these inancial statements
As part of an audit in accordance with SAs we exercise professional judgment and maintain professional skepticism
throughout the audit We also
bull Identify and assess the risks of material misstatement of the inancial statements whether due to fraud or
error design and perform audit procedures responsive to those risks and obtain audit evidence that is
suficient and appropriate to provide a basis for our opinion The risk of not detecting a material misstatement
resulting from fraud is higher than for one resulting from error as fraud may involve collusion forgery
intentional omissions misrepresentations or the override of internal control
bull Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and
related disclosures made by management
bull Conclude on the appropriateness of managements use of the going concern basis of accounting and based on
the audit evidence obtained whether a material uncertainty exists related to events or conditions that may cast
signiicant doubt on the Entitys ability to continue as a going concern If we conclude that a material
uncertainty exists we are required to draw attention in our auditors report to the related disclosures in the
inancial statements or if such disclosures are inadequate to modify our opinion Our conclusions are based on
the audit evidence obtained up to the date of our auditors report However future events or conditions may
cause the Entity to cease to continue as a going concern
bull Evaluate the overall presentation structure and content of the inancial statements including the disclosures
and whether the inancial statements represent the underlying transactions and events in a manner that
achieves fair presentation
Furtherwereportthat a) We have obtained all the information and explanations which to the best of our knowledge and belief were
necessary for the purpose of our audit
b) In our opinion proper books of accounts as required by law amp ICSI have been kept by the Regional Council
so far as it appears from our examination of books amp records
c) The Balance Sheet the Income and Expenditure Account and Cash Flow Statement are in agreement with
the books of accounts presented before us
d) In our opinion Income and Expenditure Account Balance Sheet and Cash Flow Statement comply with the
accounting guidelines as adopted by the Institute
For MITTAL amp MITTAL ASSOCIATES
CHARTERED ACCOUNTANTS
Firm Regn No 014511N
Sd-
(CAMUKESHMITTAL)
Membership No 092534
Partner Place New Delhi
Date 01062021
UDIN 21092534AAAADH2668
ARTICLES
Introduction
A change always have positive and negative effects Same happened with this law called Goods and Service Tax BJP
Government was trying to introduce this concept since 2002 The committee for GST was formed in the year 1999 by our
Prime Minister Atal Bihari Vajpayee It was our Prime Minister who in the year 1999 understood that there shall be
single indirect tax system among the country to reduce the burden on the businessman But the approval from the
opposition took too long to implement Just like said earlier that changes always lead to discussions and disagreement st
GST was the idea of Mr Atal Bihari Vajpayee and came into force under the Modi Government on 01 July 2017 midnight
Along with opposition party (congress) businessmen common people shopkeepers etc were against the government
It was hard for them to accept GST
WhichcountryGSTModelAdoptedbyIndia
GST was irst adopted by France in the year 1954 with 4 tax slab rates (21 55 10 and 20) Amongst the tax
rates 20 is the standard rate applicable to most of the goods in France After France more than 140 countries adopted
GST model and some of the countries adopted Dual-GST model Canada is one of the country with dual GST model and
India adopted the same
Dual-GST It is referred where tax is collected by federal government and then distributed to respective states
WhyGSTwasimplementedinIndia
The main objective of GST implementation was to eliminate double taxation ie from manufacturing level to
consumption level Earlier VAT and sales tax was part of indirect tax and manufactures were liable for VAT and consumer
was liable for Sales tax due to which price of the product used to increase For the beneit of the nation GST came into
effect in the year 2017 despite of any reluctance to the changes
Earlier many were against the GST model but slowly and steadily they understood that with the introduction of GST the
pricing of the product has been made easy and cost of some products has been introduced With the introduction of GST
businesses are able to earn proit because of One Nation One Tax formula
Since the launch of GST government implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull 025 applied to cut and semi-polished stones
bull 5 on household necessities such as sugar spices tea and coffee
bull 12 on computers and processed food
bull 18 on toothpaste hair oil soap etc
bull 28 to luxury items such as cigarettes cars bike refrigerators etc
Goods andService TaxCS Yati Mittal ACS
csyatimittalgmailcom
ARTICLE
ICSI-NIRC Newsletter I July 2021 18
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TypesofGST
1 Central Goods and Service Tax (CGST) It is charged on the intra state supply of products and services
2 State Goods and Service Tax It is charged on the supply of products and services within the state
3 Integrated Goods and Service Tax It is charged on the inter state supply of products and services
4 Union Territory Goods and Service Tax It is charged on the supply of goods and services of Union Territories
HowtoavailGSTNumber
Under GST regime below persons are required to obtain GST IN number
1 Any businesses whose turnover exceeds Rs 40 Lakh in a inancial year for a normal category states and
Rs20 lakh for a special category states
2 Person registered under previous law (VAT Service Tax)
3 Registered business that has been transferred
4 Person making inter-state supplies
5 Non-resident taxable person
6 Agents of the supplier
7 Those paying tax under reverse charge mechanism
8 Person supplying online information and database access or retrieval
9 Person who supplies via e-commerce aggregator
Eligible persons are required to follow below mentioned steps to obtain GST IN number
1 Visit GST Portal
2 Click on Registration tab under Services tab and select NewRegistration
3 An application form will be opened which is divided in two parts ie Part A and B
4 Eligible persons are required to ill in the details so asked and submit the same
5 After submitting the required details ARN (Application reference number) will be sent to the registered
email id and mobile number for future reference
GSTFilingStructure
There are three types of GST taxpayer
Regular Taxpayers Composition TaxablePersons
Returns forSpeciic Transactions
ICSI-NIRC Newsletter I July 2021 19
ARTICLE
A RegularTaxpayers
Form GSTR-1 and GSTR-3B are to be iled by businesses and professionals registered with GST every month if their
annual turnover is exceeds Rs 5 crore Other taxpayer had an option to choose a quarterly return iling
From the quarter January 2021 even the businesses and professional whose turnover exceeds Rs 5 crore has an
option to opt for QRMP (Quarterly Return and Monthly Payment) Scheme where they can ile GSTR-1 and 3B
quarterly with monthly estimated GST payment
B CompositionTaxablePersons
A person registered under this scheme has to ile Form CMP-08 quarterly and Form GSTR-4 yearly by 30 April from
year 2019-2020 onwards Till FY 2018-19 persons registered under this scheme were liable to ile Form GSTR-4
quarterly and GSTR-9A annually
C ReturnsforSpeciicTransactions
Special transactions under GST have been deined with speciic GST returns such as
bull GSTR-5It is iled by non-resident foreign taxpayers who are registered with GST and carry their business in
thIndia It shall be iled by 20 of each month
bull GSTR-5A It is a summary return for reporting the outward taxable supplies and tax payable by Online
thInformation and Database Access or Retrieval Services (OIDAR) provider under GST It shall be iled by 20 of
each month
bull GSTR-6 It is iled by Input Service Provider This form carry the details of input tax credit received and
thdistributed It shall be iled by 13 of each month
bull GSTR-7It is iled by person who are liable to deduct TDS This form will contain details of TDS payable paid and
thclaimed It shall be iled by 10 of every month
bull GSTR-8Return iled by e-commerce operators registered under GST and who collects Tax at source (TCS) The
threturn shall be iled by 10 of every month
Conclusion
Persons businesses professionals registered GST has to ile the form as per the dates prescribed They will not be able to
ile any next return if any month quarter or year return is pending from their sides Moreover if there is any late iling
then interest and late fees are being calculated Following are the interest rates and penalties that are being levied on
late submission of forms
bull Interest 18 pa shall be calculated on the outstanding amount It shall be calculated on the net tax liability in
the ledger The interest shall be levied from the very next day of due date of actual date of form iling
bull As per CGST and SGST Rs 100- per day each late fees is levied which shall not exceed Rs 5000- No late fee is
prescribed under IGST
ICSI-NIRC Newsletter I July 2021 20
GST stands for Goods and Services Tax which became effective from July 1 2017 in India as one tax one nation It is an
Indirect tax which introduced to replacing a host of other Indirect taxes such as value added tax service tax purchase
tax excise duty and so on
GST is a destination-based tax levied on the consumption of goods and services across the nation thus rendering the
country one uniied common market
GST is a multi-stage tax system which is comprehensive in nature and applied on the sale of goods and services
throughout India
Aim The main aim of this taxation system is to curb the cascading effect of other indirect taxes
The goods and services tax (GST) is a value-added tax levied on most goods and services sold for domestic consumption
The GST is paid by consumers in addition of the sales price of the product but it is remitted to the government by the
businesses selling the goods and services
goods andservice tax (gst)
ARTICLE
ICSI-NIRC Newsletter I July 2021 21
CS Parul Jain ACS
csparulnishujain10121gmailcom
Destination-based tax vs Origin-based tax
A destination-based tax is one which is levied in the state where the goods or services are consumed and not where they
are produced On the other hand an origin-based tax is levied in the state where goods or services are produced (not
consumed) The views expressed are personal views of the author
and it should not be taken as views of the NIRC-ICSI
ARTICLE
GST is paid by the different businesses at different rates in the following manner
Manufacturer The manufacturer pays GST on the raw material that is purchased and the value that has been added to
make the product However the tax that has been paid by the manufacturer is reduced from the overall GST that must be
paid
Service Provider The service provider pays GST on the amount that is paid for the service provided and the value that
has been added to it
Retailer The retailer pays GST on the product that has been purchased from the distributor as well as the margin that
has been added However the tax that has been paid by the retailer can be reduced from the overall GST that must be
paid
Consumer GST must be paid on the product that has been purchased by the consumer
History of GST
On July 1st 2017 the Goods and Services Tax implemented in India But the process of implementing the new tax regime
commenced a long time ago In 2000 Atal Bihari Vajpayee then Prime Minister of India set up a committee to draft the
GST law
In 2006 Finance Minister proposed the introduction of GST from 1st April 2010 and in 2011 the Constitution
Amendment Bill passed to enable the introduction of the GST law In 2012 the Standing Committee started discussions
about GST and tabled its report on GST a year later In 2014 the new Finance Minister at the time Arun Jaitley
reintroduced the GST bill in Parliament and passed the bill in Lok Sabha in 2015 Yet the implementation of the law
delayed as it was not passed in Rajya Sabha
GST went live in 2016 and the amended model GST law passed in both the house The President of India also gave assent
In 2017 the passing of 4 supplementary GST Bills in Lok Sabha as well as the approval of the same by the Cabinet Rajya
Sabha then passed 4 supplementary GST Bills and the new tax regime implemented on 1st July 2017
Tax Laws Before the Implementation of GST
The Centre and the State used to collect tax separately Depending on the state the tax regimes were different
Even though import tax was levied on one individual the burden was levied on another individual In the cases of direct
tax the taxpayer must pay the tax
Prior to the introduction of GST direct and indirect taxes were present in India
Direct Taxes Refers to the taxes which are paid straight by an individual on whom it is imposed For instance Property
Tax Wealth Tax Gift tax and Income tax etc
Indirect Taxes Refers to the taxes which are charged as a burden reduction for others For instance Excise Duty Service
and Sales tax etc
India established a dual GST structure in 2017 which was the biggest reform in the countrys tax structure in decades
The main objective of incorporating the GST was to eliminate tax on tax or double taxation which cascades from the
manufacturing level to the consumption level
ICSI-NIRC Newsletter I July 2021 22
ARTICLE
India has since launching the GST on July 1 2017 implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull A rate of 025 applied to cut and semi-polished stones
bull A 5 tax on household necessities such as sugar spices tea and coffee
bull A 12 tax on computers and processed food
bull An 18 tax on hair oil toothpaste soap and industrial intermediaries
The inal bracket taxing goods at 28 applies to luxury products including refrigerators ceramic tiles cigarettes cars
and motorcycles
The previous system with no GST implies that tax is paid on the value of goods and margin at every stage of the
production process This would translate to a higher amount of total taxes paid which is carried down to the end
consumer in the form of higher costs for goods and services The implementation of the GST system in India is therefore
a measure that is used to reduce inlation in the long run as prices for goods will be lower
ICSI-NIRC Newsletter I July 2021 23
TaxRates Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
GST also gives a major push to domestic industries as they will be able to procure seamless input credit for capital goods
Make in India campaign is set to lourish after this reform
ARTICLE
TypesofGST
The four different types of GST are given below
ICSI-NIRC Newsletter I July 2021 24
Central Goods and Services Tax (CGST) CGST is charged on the intra state supply of products and services
Individuals who pay tax as per the reverse change mechanism Central goods and service tax is the amount which is
channelled to the central government of revenue department which is equal to SGST The speciic tax amount is for
remuneration for loss of the already existing excise duties which is supposed to be paid to the central government In
such a scenario of the regional sales the remaining 50 share of GST is sent to the CGST
StateGoodsandServicesTax (SGST) SGST like CGST is charged on the sale of products or services within a stateState
Goods and Service Tax is the integral part of tax which is transferred to the state government and state revenue
department This remunerates the loss of present Sales Tax and VAT to state government It is where the 50 share of
total tax imposed is transferred to the SGST tax
IntegratedGoodsandServicesTax (IGST) IGST is charged on inter-state transactions of products and servicesIGST
stands for the Integrated Goods and Services Tax which is imposed when the state-to-state sales and procurement is in
transition A speciic share is sent to the central government along with the partner state to which the goods and services
belong to The IGST is levied only when the two states procurement and sales take place
ARTICLE
RegistrationunderGST
It is mandatory for all Service providers buyers and sellers to register A business that makes a total income of Rs20
lakhs and more in a inancial year must be required to do GST registration It takes 2-6 working days to process
The below mentioned entities and individuals must register for Goods and Services Tax
middot E-commerce aggregators
middot Individuals who supply through e-commerce aggregators
middot Agents of input service distributors and suppliers
middot Non-Resident individuals who pay tax
middot Businesses that have a turnover that is more than the threshold limit
middot Individuals who have registered before the GST law was introduced
Any company that is eligible under GST must register itself in the GST portal created by the Government of India The
registered entities will get a unique registration number called GSTIN
A 15-digit distinctive code that is provided to every taxpayer is the GSTIN The GSTIN will be provided based on the state
you live at and the PAN Some of the main uses of GSTIN are mentioned below
w Loans can be availed with the help of the number
w Refunds can be claimed with the GSTIN
w The veriication process is easy with the help of the GSTIN
w Corrections can be made
The GST registration certiicate is issued in Form GST REG-06 The certiicate is not issued physically It is available in
digital format only A GST Certiicate is an oficial document that is issued by the concerned authorities for a business
that has been enrolled under the GST system GST Certiicate contains GSTIN Legal Name Trade Name Constitution of
Business Address Date of liability Period of Validity Types of Registration Particulars of Approving Authority
Signature Details of the Approving GST oficer and Date of issue of a certiicate
GST E-Way Bill
An electronic document that is generated to show proof of goods movement is the E-Way bill We can generate the bill
from the GST portal
BeneitsofGST
ICSI-NIRC Newsletter I July 2021 25
ARTICLE
The following are the advantages of goods and services tax in India
bull Regulation of the unorganised sector
bull E-commerce operators no longer suffer from differential treatment
bull Fewer complications
bull Composition scheme
bull Registration process and iling of returns are simple
bull Higher threshold
bull Elimination of the cascading tax effect
GoodsandServicesTaxNetwork
The GSTN is the Goods and Services Tax Network which is responsible for managing the IT system concerning the GST
Portal It is a non-proit non-government organization and is the database for the oficial GST Portal
The features of the GSTN can be listed as follows
bull Keeping the information of all the taxpayers safe and secure
bull Maintaining conidentiality of the taxpayers information
bull It is a trusted National Information Utility (NIU)
GSTN is responsible for handling
bull The invoices
bull The registrations
bull The payments and refunds (if any)
bull Different types of returns
GSTReturns
A GST Returns is a document that contains information about the income that a taxpayer must ile with the authorities
This information used to compute the taxpayers tax liability Under the Goods and Services Tax registered dealers must
ile their GST returns with details regarding their purchases sales input tax credit and output GST Businesses are
expected to ile 2 monthly returns as well as an annual return
Currently the GST is paid every month The GSTR-1 and GSTR-3B must be iled In the case of refunds the relevant forms
must be submitted as well GST payments can be made both online and ofline Once the payment has made a challan is
generated
TypesofGSTReturnsandDuedates
GSTR-1
GSTR-1 is the return to be furnished for reporting details of all outward supplies of goods and services made In other
words it contains the invoices and debit-credit notes raised on the sales transactions for a tax period GSTR-1 is to be
iled by all normal taxpayers who are registered under GST including casual taxable persons
ICSI-NIRC Newsletter I July 2021 26
ARTICLE
Monthlyby11thofeverysucceedingmonthif the business either has an annual aggregate turnover of more than Rs5
crore or has not opted into the QRMP scheme
Quarterlyby13thofthemonthfollowingeveryquarterif the business has opted into the QRMP scheme
GSTR-2A
GSTR-2A is a view-only dynamic GST return relevant for the recipient or buyer of goods and services It contains the
details of all inward supplies of goods and services ie purchases made from GST registered suppliers during a tax
period
GSTR-2B
GSTR-2B is again a view-only static GST return important for the recipient or buyer of goods and services
GSTR-2B provides action to be taken against every invoice reported such as to be reversed ineligible subject to reverse
charge
ICSI-NIRC Newsletter I July 2021 27
ARTICLE
GSTR-3B
GSTR-3B is a monthly self-declaration to be iled for furnishing summarised details of all outward supplies made input
tax credit claimed tax liability ascertained and taxes paid
GSTR-3B is to be iled by all normal taxpayers registered under GST The sales and input tax credit details must be
reconciled with GSTR-1 and GSTR-2B every tax period before iling GSTR-3B GST reconciliation is crucial to identify
mismatches in data that may lead to GST notices in future or suspension of GST registration as well
The iling frequency of GSTR-3B is currently as follows
thMonthly 20 of every following month for taxpayers with an aggregate turnover in the previous inancial year of more
than Rs5 crore or have been otherwise eligible but still opted out of the QRMP scheme
thQuarterly 24 of every following month of the quarter ended for the taxpayers with aggregate turnover is less than or
equal to Rs 5 crore eligible and remain opted into the QRMP scheme
ICSI-NIRC Newsletter I July 2021 28
GSTR-4
GSTR-4 is the annual return that was to be iled by the composition taxable persons under GST by 30th April of the year
following the relevant inancial year It has replaced the erstwhile GSTR-9A (annual return) from FY 2019-20 onwards
Prior to FY 2019-20 this return had to be iled on a quarterly basis Thereafter a simple challan in form CMP-08 iled by
18th of the month succeeding every quarter replaced it
ARTICLE
The composition scheme is a system in which taxpayers dealing with goods and having a turnover up to Rs15 crores can
opt into and pay taxes at a ixed rate on the turnover declared
GSTR-5
GSTR-5 is the return to be iled by non-resident foreign taxpayers who are registered under GST and carry out business
transactions in India
The return contains details of all outward supplies made inward supplies received creditdebit notes tax liability and
taxes paid
The GSTR-5 return is to be iled monthly by the 20th of each month under GSTIN that the taxpayer is registered in India
GSTR-5A
GSTR-5A refers to a summary return for reporting the outward taxable supplies and tax payable by Online Information
and Database Access or Retrieval Services (OIDAR) provider under GST
The due date to ile GSTR-5A is the 20th of every month
GSTR-6
GSTR-6 is a monthly return to be iled by an Input Service Distributor (ISD)
It will contain details of input tax credit received and distributed by the ISD It will further contain details of all
documents issued for the distribution of input credit and the manner of distribution
The due date to ile GSTR-6 is the 13th of every month
GSTR-7
GSTR-7 is a monthly return to be iled by persons required to deduct TDS (Tax deducted at source) under GST
This return will contain details of TDS deducted the TDS liability payable and paid and TDS refund claimed if any
The due date to ile GSTR-7 is the 10th of every month
GSTR-8
GSTR-8 is a monthly return to be iled by e-commerce operators registered under the GST who are required to collect tax
at source (TCS)
It contains details of all supplies made through the e-commerce platform and the TCS collected on the same
The GSTR-8 return is to be iled on a monthly basis by the 10th of every month
ICSI-NIRC Newsletter I July 2021 29
ARTICLE
GSTR-9
GSTR-9 is the annual return to be iled by taxpayers registered under GST It is due by 31st December of the year
following the relevant inancial year as per the GST law
It contains the details of all outward supplies madeinward supplies received during the relevant inancial year under
different tax heads ie CGST SGST amp IGST and a summary value of supplies reported under every HSN code along with
details of taxes payable and paid
It is a consolidation of all the monthly or quarterly returns (GSTR-1 GSTR-2A GSTR-3B) iled during that inancial year
GSTR-9 is required to be iled by all taxpayers registered under GST
However there are few exceptions such as taxpayers who have opted for the composition scheme casual taxable
persons input service distributors non-resident taxable persons and persons paying TDS under section 51 of the CGST
Act
GSTR-9C
GSTR-9C is the reconciliation statement to be iled by all taxpayers registered under GST whose turnover exceeds Rs2
crore in a inancial year as per the GST law
It must be certiied by a Chartered AccountantCost amp Management Accountant after conducting a thorough GST audit
of the books of accounts and comparing the igures with the GSTR-9
The deadline to ile this statement is the same as the due date prescribed for GSTR-9 ie 31st December of the year
following the relevant inancial year
GSTR-9C is to be iled for every GSTN hence one PAN can have multiple GSTR-9C forms being iled
GSTR-10
GSTR-10 is to be iled by a taxable person whose registration has been cancelled or surrendered This return is also
called a inal return and has to be iled within three months from the date of cancellation or cancellation order
whichever is earlier
GSTR-11
GSTR-11 is the return to be iled by persons who have been issued a Unique Identity Number (UIN) in order to get a
refund under GST for the goods and services purchased by them in India UIN is a classiication made for foreign
diplomatic missions and embassies not liable to tax in India for the purpose of getting a refund of taxes GSTR-11
contains details of inward supplies received and refund claimed
LateilingofGSTReturns
Return iling is mandatory under GST Even if there is no transaction you must ile a Nil return
You cannot ile a return if you do not ile the previous monthquarters return
Hence late iling of GST return will have a cascading effect leading to heavy ines and penalty
The late iling fee of the GSTR-1 is populated in the liability ledger of GSTR-3B iled immediately after such delay
ICSI-NIRC Newsletter I July 2021 30
ARTICLE
InterestandLatefeetobepaid
Interest is 18 per annum It has to be calculated by the taxpayer on the amount of outstanding tax to be paid It shall be
calculated on the net tax liability identiied in the ledger at the time of payment The time period will be from the next day
of iling due date till the actual date of payment
As per the CGST Act the late fee is Rs 100 per day per Act So it is Rs100 under CGST amp Rs 100 under SGST The total
shall be Rs 200day However there is a maximum levy of Rs 5000 There is no late fee separately prescribed under the
IGST Act Also for GSTR-1 and GSTR-3B the total late fee was reduced to Rs 50 day (Rs20 day for Nil iling)
Conclusion
The goods and services tax (GST) is a tax on goods and services sold domestically for consumption The tax is included in
the inal price and paid by consumers at point of sale and passed to the government by the seller The GST is a common
tax used by the majority of countries globally The GST is usually taxed as a single rate across a nation
Every year 1st of July is commemorated as the Financial Independence Day across the country whereupon the entire
MOP (Member of Parliament) took part in the Parliament house function The transformation of the GST jurisdiction
which was approved by +150 countries is not so easy to get done It was not just the complexities but also the confusions
were expected to pop up In a country like India there is a possibility of such complexities
ICSI-NIRC Newsletter I July 2021 31
GSTndashOneNationOneTax
GST an area of Vast Opportunities for the Professionals The Goods and Services Tax (GST) is a major taxation reform till
date implemented in India since independence which has replaced many indirect taxes in India such as the Excise duty
VAT services tax additional customs duty surcharges and Octroi etc The Goods and Service Tax Act was passed in the
thParliament on 29 March 2017 and came into effect on 1st July 2017The Parliament has enacted the Central Goods and
Services Tax Act 2017 (CGST Act) while the respective states have enacted their own law The Parliament has also
enacted the Union Territory Goods and Services Tax Act 2017 (UTGST Act) for taxation of intra-state supply within the
Union territories of the Country
GST is a tax which is levied on the supply of goods and services and the tax is levied at every point of sale GST Law in India
is a comprehensive multi-stage destination-based tax that is levied on every value addition GST laws have impacted
the life of the many professionals Enactment of GST Law in India is favorable for Tax Systems growth and prosperity of
our nation
NeedofGST
With the enactment implementation of GST Law new rules and amendments introduced in the taxation system The
Tax system has been improved and everything is required to do in the bracket of GST subsuming all the previously
applicable indirect taxes
ARTICLE
ICSI-NIRC Newsletter I July 2021 32
ldquocompany secretary asgst professionalrdquo
CS Lalit Rajput ACS
lalitrajput537gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TaxesunderGST
ICSI-NIRC Newsletter I July 2021 33
3MajorComponentsofGST
CGST SGST IGST
Ta x c o l l e c t e d b y t h e C e n t r a l
Government on an intra-state sale
Tax collected by the state government
on an intra-state sale
Ta x c o l l e c t e d b y t h e C e n t r a l
Government for an inter-state sale
Revenue - Shared equally between the Centre and the State Centre will share the IGST revenue
based on the destination of goods
GSTndashAnEmergingopportunityforCompanySecretaryProfessionals
ldquoOpportunitiesknockonlyonceatyourdoorrdquo-GSTisanopportunityforprofessionalslikeuswhich
providesanopportunitytoservelearnandearn
GST law is a consolidation of many indirect taxes laws amprules with the inputs rendered by the tax authorities GST
provides an opportunity to every professional including Company Secretaries (CS) Member of the ICSI to learn and
grow with the new Tax System Structure regardless of competition with experienced professionals of the ield as this
system is new and emerging for all
After the enactment of GST Law in the country the opportunities for professionals in the area of accounting services and
tax management have increased signiicantly and so the role of Professionals including Company Secretaries We
Company Secretaries can help businesses organizations to understand the necessary document needs which are
required to submit for GST registration and relevant GST compliance post registration with the concerned authority It is
our duty and responsibility as Governance Professionals to take interest in emerging opportunity provided by the
Finance Ministry new taxation system to understand fully and then advise concerned people organization accordingly
GST is a new career opportunity for us The requirement of GST experts professionals in the market is at peak due to
various economic reforms of the nation The newness of the GST concept and due to several changes came in this law
lucrative career opportunities have been creating in GST regime for GST professionals experts Due to the increased
emphasis in GST reforms the hiring intensity for GST professionals is at an overall high There has been a huge demand
for the GST talent experts in all the business verticals due to the criticality of the subject
ARTICLE
This is the right time to become a GST experts professional and take home hefty salary packages But since the level of
professional GST expertise required in the industry is high one has to be careful ampremain updated with all the latest
concepts of GST laws
GSTCoursepromotedbyICSI
As the demand of GST professionals has been increased in the industry The Institute of Company Secretaries of India
(ICSI) In order to give suficient practical knowledge of GST has come up with Certiicate course in GST Law which is an
advanced level course and shall test a candidates knowledge of various concepts of GST along with the transitional
issues The candidates successfully complete the Course are awarded a Certiicate by ICSI
This course enables members to understand the key areas of impact in their business prepare different scenarios for
the design and application of GST identify areas of adverse impact and prepare contingency measures examining legal
documentation for recovery of taxes on existing transactions etc
RoleofCompanySecretariesunderGSTRegime
Company Secretaries Members of ICSI are LawExpertsandComplianceMaster Under section 203 of the Companies
Act 2013 Company Secretary has been deined as KMPs ie Key Managerial Personnel means person who is in-
charge of maintaining the high standard of Corporate Governance by abiding laws and regulations in timely complied
manner In other countries Company Secretary is called as Corporate Secretary as he is responsible to take care of all the
compliances with statutory and regulatory requirements
Company Secretaries can play an important role in GST Regime Company Secretaries can act as a Consultant facilitator
and an advisor to the Corporates They can ensure smooth rollout of GST Law in India To minimize tax and smooth
implementation of GST the business would require restructuring their system and Company Secretary can render
required service to and ensure proper restructuring of business
ListofsomeactivitiesandComplianceMattersthatcanbeundertakenbyaCompanyundertheGST
Regime
1RegistrationofvariousBusinessformsundertheGSTLaws
As we all know that there is no professional certiication required to ile registration of any business form with the GST
Authorities Therefore a Company Secretary professional can also render registration services to the industry
2FilingofGSTReturnswiththeGSTAuthorities
To ile GST Returns whether monthly quarterly at GST Portal for all types of Business forms there is no professional
attestation certiication required Hence a Company Secretary professional with expertisein the GST matters can also
render registration services
3ConsultancytotheEntrepreneursandRestructuringtheirBusinessSystem
Being a Company Secretary we have been always considered as Corporate Law experts We dont need any Taxation
Degree to provide consultancy on the GST matters We can comprehensively interpret the law of GST and provide
complete guidance and advisory to the business entities
4Submissionofvariousreturnsinatimeboundmanner
We are responsible for the eficient and timely administration of the company and speciically ensuring statutory and
regulatory compliance We can guide in better compliance and governance and ensure that all activities undertaken to
achieve its aim are in compliance with legal ethical and regulatory requirements
ICSI-NIRC Newsletter I July 2021 34
ARTICLE
5E-waybillsrelatedissues
E-Way Bill is an Electronic Way bill for movement of goods to be generated on the e-Way Bill Portal and is mandatory for
a GST registered person transporting goods exceeding value of Rs 50000 (Single Invoicebilldelivery challan) We can
help the business entities persons registered under GST Law to generate the W-waybill on time
We can help and support business entities in Maintenance of appropriate registers and records of the organization as
required under GST Law regime
6Taxplanning
Tax planning is an important segment for every business We can help the industry owners entrepreneurs by Tax
planning services and helps in increasing availability of cash for investment business or personal needs We are
competent to understand the impact of laws changes modiications and its various alternatives and can be helpful in
proper tax planning under GST
7EnsureadequatestepsmeasureshasbeentakentopreventfromNon-Compliance
Procedural Compliance includes registration iling of returns payments of taxes assessment etc Since a Company
Secretary is already playing the role of a Compliance Oficer under various other laws he can assist in the same under
GST law also
8AmendmentsmodiicationsampClosureofBusiness
We can helps the registered person under GST Law to submit various applications for amendments or modiications
revocation and cancellation of GST Registration
Conclusion
Registration Amendments Closure Compliance Check requirements Audit and due diligence in the matters related to
GST Law in the Corporate Sectors needs a close watch and proper guidance and laws regulations should be followed by
the Company Secretaries Company Secretaries in Practice All the records and disclosures should be made properly
The Corporate Laws including GST becomes more tough and strict against Non ndash Compliances with respect to any
matter The dynamics of the boardroom are changing and chairmen and directors are realizing that they need specialist
skilled and technical knowledgeable person in this area and they are looking to company secretaries to provide this
expertiseWe are skilled expert professionals who understand legal inancial and compliance dimensions of business
entity comprehensively
ICSI-NIRC Newsletter I July 2021 35
GST is one of the biggest taxation reforms of independent India Its main object was to integrate State economies GST is
the most historic indirect tax reform and is implemented with the aim of enhancing the overall growth of the Nation
along with supporting the MakeInIndiainitiative It aims at creating a single uniied Indian market throughout the
Nation It is a comprehensive destination based indirect tax levy of goods as well as services at the national level
Its main objective is to consolidate multiple indirect tax levies into a single tax thus subsuming an array of tax levies
overcoming the limitations of previous indirect tax structure and creating eficiencies in tax administration
GST is a consumption-based tax which is levied on the basis of ldquoDestination principlerdquo The concept relates
to taxing the supply of goods or services at the point of consumption
It is a comprehensive tax regime covering both goods and services and is collected on value-added at each stage of the
supply chain Further GST paid on the procurement of goods and services can be set off against that payable on the
outward supply of goods or services In simple words Goods and Services Tax is a tax levied on goods and services
imposed at each point of supply GST is a national level tax based on value added principle just like State level VAT which
was levied as tax on sale of inter-state goods
The essence of GST is in removing the cascading effects ie tax on tax of both Central and State taxes by allowing setting-
off of taxes throughout the value chain right from the original producer and service
providers point up to the consumer level
GST is a major improvement over existing system of VAT and disjointed Service Tax ushering a collective gain for
industry trade and common consumers as well as for the Central Government and the State Governments at large
GST as a well-designed value added tax on all goods and services is the most elegant method to eliminate distortions
and to tax consumption
Time to time there had been many amendments in GST Act to remove hardness
In starting when GST came many small business men were thinking that this is a burden on them but time to time under
this act many sections were introduced for the ease of business
For example A composition scheme was introduced in this Act
This composition scheme is an option for speciied categories of small taxpayers to pay GST at a very low rate on the base
of turnover
Now this scheme can be opted by small business men whose turnover in preceding inancial year does not exceed Rs 15
Cr and in some speciied categories eg Arunachal Pradesh Uttarakhand Manipur Meghalaya Mizoram Nagaland
Tripura amp Sikkim this limit is Rs75 Lakh
All composition dealer who opts this scheme are not required to do much compliances and they have to ile quarterly
return in place of monthly return iling
ARTICLE
ICSI-NIRC Newsletter I July 2021 36
GST in IndiaCS Sarika Gupta ACS
cssarikaguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
Earlier this scheme was only for manufacturer trader and restaurant service providers
All manufacturer and traders who opt this scheme pay GST rate of 1 while all restaurant service providers pay GST
5 under this scheme
In spite of it anewsection10(2A)is also inserted which allows small service providers providing services other than
restaurant service to opt this scheme on presumption basis Only condition for this scheme is that aggregate turnover
should not exceed Rs 50 Lakh in the previous year In this scheme they have to pay GST 6 (CGST+ SGSTUTGST) on
irst supplies of services up to a value of Rs 50 lakhs made from the date of 1st April of current year
Wecanunderstandthissectionbyoneexample
A photographer Champak Lal has commenced photography service in Delhi from April this year His turnover for
various quarter is as follows
April- June Rs 20 Lakh July ndash Sept Rs 30 Lakh Oct ndash Dec Rs 20 Lakh
He takes registration when his turnover limit is crossed ie after the month of June when turnover limit exceeds Rs 20
Lakhs Now he can opt this scheme because in preceding year his turnover is nil ie below Rs 50 Lakhs
thFor payment of tax under this scheme turnover from 1st April to 30 June will be excluded as this time he did not take
registration in GST
He will pay GST 6 on next Rs 30 Lakh turnover of July to September quarter ie Rs 180000 under this scheme
By end of September month he crosses the eligibility Turnover limit of Rs 50 Lakhs of this scheme so he has to opt out
from this scheme and to adopt normal scheme While during the irst quarter April to June he was not registered in GST
but for eligibility of this scheme turnover of this quarter will also be counted in eligibility limit
Consequently Tax payable for quarter Oct- Dec will be 20 L18 ie Rs 360000 under normal scheme
In the same way earlier all traders and manufacturer who opt this composition scheme were not allowed to provide
services except restaurant services as well as all restaurant service providers also were not allowed to provide other
services except restaurant service
But now Secondprovisotosection10(1)allowsManufacturertraderandrestaurantserviceproviderstosupply
marginal services other than restaurant services along with Goods Restaurant service in CY of value not exceeding
10ofpreviousyearsturnoverorRs500000whichever is Higher
Wecanunderstandthisfromoneexample
Binod is engaged in supply of goods His aggregate turnover in preceding FY is 60 lakh Since his aggregate turnover in
the preceding FY does not exceed 15 crore he is eligible for composition scheme in current FY Further in current FY he
can supply services [other than restaurant services] up to a value of not exceeding
(a) 10 of Rs 60 lakhs ie Rs6 lakh or
Rs 5 lakhs whichever is igher
Thus time to time there are becoming many amendments in this Act for the ease of business In overall we can say GST
(GOODS AND SERVICE TAX) is a GoodandSimpleTax
ICSI-NIRC Newsletter I July 2021 37
GST is known as the Goods and Services Tax It is an indirect tax which has replaced many indirect taxes in India such as
the excise duty VAT services tax etc The Goods and Service Tax Act was passed in the Parliament on 29th March 2017
and came into effect on 1st July 2017
In other words GST is levied on the supply of goods and services Goods and Services Tax Law in India is a
comprehensivemulti-stagedestination-basedtaxthat is levied on everyvalueaddition GST is a single domestic
indirect tax law for the entire country
GSTAdvantages
middot GST is a transparent tax and also reduces the number of indirect taxes
middot GST will not be a cost to registered retailers therefore there will be no hidden taxes and the cost of doing business
will be lower
middot Beneit people as prices will come down which in turn will help companies as consumption will increase
middot There is no doubt that in the production and distribution of goods services are increasingly used or consumed
and vice versa
middot Separate taxes for goods and services which is the present taxation system requires division of transaction
values into value of goods and services for taxation leading to greater complications administration including
compliances costs
middot In the GST system when all the taxes are integrated it would make possible the taxation burden to be split
equitably between manufacturing and services
middot GST will be levied only at the inal destination of consumption based on the VAT principle and not at various
points (from manufacturing to retail outlets) This will help in removing economic distortions and bring about
development of a common national market
middot GST will also help to build a transparent and corruption-free tax administration
middot Presently a tax is levied on when a inished product moves out from a factory which is paid by the manufacturer
and it is again levied at the retail outlet when sold
middot GST is backed by the GSTN which is a fully integrated tax platform to deal with all aspects of GST
GSTDisadvantages
middot Some Economist says that GST in India would impact negatively on the real estate market It would add up to 8
percent to the cost of new homes and reduce demand by about 12 percent
middot Some Experts says that CGST (Central GST) SGST (State GST) are nothing but new names for Central
ExciseService Tax VAT and CST Hence there is no major reduction in the number of tax layers
ARTICLE
ICSI-NIRC Newsletter I July 2021 38
goods and servicestax (gst)
CS Jaspal Singh Dhanjal FCS
cspunjabpoweryahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
middot Some retail products currently have only a four percent tax on them After GST garments and clothes could
become more expensive
middot The aviation industry would be affected Service taxes on airfares currently range from six to nine percent With
GST this rate will surpass ifteen percent and effectively double the tax rate
middot Adoption and migration to the new GST system would involve teething troubles and learning for the entire
ecosystem
What are the components of GST
There are three taxes applicable under this system CGST SGST amp IGST
middot CGST It is the tax collected by the Central Government on an intra-state sale (eg a transaction happening
within Maharashtra)
middot SGST It is the tax collected by the state government on an intra-state sale (eg a transaction happening within
Maharashtra)
middot IGST It is a tax collected by the Central Government for an inter-state sale (eg Maharashtra to Tamil Nadu)
In most cases the tax structure under the new regime will be as follows
ICSI-NIRC Newsletter I July 2021 39
Transaction GSTRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central
ExciseService tax
Revenue will be shared equally between the
Centre and the State
Sale to another State IGST Central Sales Tax + Excise
Service Tax
There will only be one type of tax (central) in
case of inter-state sales The Centre will then
share the IGST revenue based on the destination
of goods
GSTRegistration
AggregateTurnover RegistrationRequired Applicability
EarlierLimitsndashForthesaleofGoodsProvidingServices
Exceeds Rs20 lakh Yes ndash For Normal Category States Up to 31st March 2019
Exceeds Rs10 lakh Yes ndash For Special Category States Up to 31st March 2019
NewLimitsndashForSaleofGoods
Exceeds Rs 40 lakh Yes ndash For Normal Category States From 1st April 2019
Exceeds Rs 20 lakh Yes ndash For Special Category States From 1st April 2019
NewLimitsndashForProvidingServices
There has been no change in the threshold limits for service providers Persons providing services need to register if
their aggregate turnover exceeds Rs 20 lakh (for normal category states) and Rs 10 lakh (for special category states)
ARTICLE
The process by which a taxpayer gets registered under Goods and Service Tax (GST) is GST registration Once the
registration process has been completed the Goods and Service Tax Identiication Number (GSTIN) is provided The 15-
digit GSTIN is provided by the Central Government and helps to determine whether a business is liable to pay GST
WhoiseligibletoregisterunderGST
GST Registration must be completed by the following individuals and businesses
1 Individuals who have registered under the tax services before the GST law came into effect
2 Non-Resident Taxable Person and Casual Taxable Person
3 Individuals who pay tax under the reverse charge mechanism
4 All e-commerce aggregators
5 Businesses that have a turnover that exceeds Rs40 lakh In the case of Uttarakhand Himachal Pradesh Jammu amp
Kashmir and North-Eastern states the turnover of the business should exceed Rs10 lakh
6 Input service distributors and agents of a supplier
7 Individuals who supply goods through an e-commerce aggregator
8 Individuals providing database access and online information from outside India to people who live in India
other than those who are registered taxable persons
TypesofGSTRegistration
Under the GST Act GST Registration can be of various types You must be aware of the different types of GST Registration
before selecting the appropriate one The different types of GST Registration are
NormalTaxpayer
Most businesses in India fall under this category You need not provide any deposit to become a normal taxpayer There is
also no expiry date for taxpayers who fall under this category
CasualTaxablePerson
Individuals who wish to set up a seasonal shop or stall can opt for this category You must deposit an advance amount
that is equal to the expected GST liability during the time the stall or seasonal shop is operational The duration of the
GST Registration under this category is 3 months and it can be extended or renewed
CompositionTaxpayer
Apply for this if you wish to obtain the GST Composition Scheme You will have to deposit a lat under this category The
Input tax credit cannot be obtained under this category
Non-ResidentTaxablePerson
If you live outside India but supply goods to individuals who stay in India opt for this type of GST Registration Similar to
the Casual Taxable Person type you must pay a deposit equal to the expected GST liability during the time the GST
registration is active The duration for this type of GST registration is usually 3 months but it can be extended or
renewed at the type of expiry
ICSI-NIRC Newsletter I July 2021 40
ARTICLE
DocumentsrequiredforGSTRegistration
Here are the documents required to complete GST Registration
1 PAN card
2 Aadhaar card
3 Business address proof
4 Bank account statement and cancelled cheque
5 Incorporation Certiicate or the business registration proof
6 Digital Signature
7 Directors or Promoters ID proof address proof and photograph
8 Letter of Authorisation or Board Resolution from Authorised Signatory
GSTRegistrationViaAuthenticationofAadhaar
New businesses can secure their GST registration with the help of the Aadhaar The process is simple and quick The new
process came into effect from 21 August 2020 The procedure to opt for Aadhaar authentication is mentioned below
1 When you apply for GST registration you will be provided with an option to choose Aadhaar authentication
2 Select YES The authentication link will be sent to the registered email ID and mobile number
3 Click on the authentication link
4 Enter the Aadhaar number and select Validate
5 Once the details have been matched an OTP will be sent to the registered mobile number and email ID
6 Enter the OTP to complete the process You will get the new GST registration within three working days
OnlineGSTRegistrationFees
In case you complete the GST Registration procedure online no fee will be levied Once the relevant documents have
been uploaded an Application Reference Number (ARN) will be sent via SMS and email to conirm the registration
PenaltyforNotRegisteringorLateRegisteringUnderGST
If you do not pay tax or pay a lesser amount than what is due the penalty that is levied is 10 of the due amount (in case
of genuine errors) However the minimum penalty is Rs10000
If you have not registered for GST and are deliberately trying to evade tax the penalty levied is 100 of the due tax
amount
BeneitsofGSTRegistration
The main beneits of GST registration are mentioned below
1 Big projects can be accepted from Multinational Corporations (MNCs)
2 Goods can be sold online
3 Goods can be sold across the country
4 GST registration acts as valid proof as it is a legal entity registration
5 Input tax credit can be availed when any goods or services are being purchased
6 With the help of a GSTIN a current bank account can be opened
7 The GSTIN helps in increasing the brand value of the business
ICSI-NIRC Newsletter I July 2021 41
ARTICLE
GSTRegistrationExemption
The below-mentioned individuals and entities are exempt from GST registration
1 Businesses that manufacture supplies that come under reverse charge
2 Activities that do not come under the supply of goods or services Examples of such activities are the sale of a
building or land funeral services and services provided by an employee
3 Businesses that make non-GST non-taxable supplies Examples are aviation turbine fuel electricity natural
gas high-speed diesel and petrol
4 Businesses that make exempt nil-rated supplies
5 Businesses that fall under the threshold exemption limit
6 Agriculturists
ICSI-NIRC Newsletter I July 2021 42
SrNo Period RsInCrore
1 May 2021 102709
2 April 2021 141384
3 March 2021 123902
4 Feb 2021 113143
5 January 2021 119843
Conclusion
The enforcement of GST has brought in a very transparent system to the country that is also corruption-free The
beneits are far-reaching and are not only business-friendly but consumer-friendly as well This system of taxation has
placed the country well in international trade The Indian market is far more stable now than it ever was With the
application of GST India is in a much better position in the international markets which has positively affected the
economy
GSTndashAhistoricalperspective
Taxes are the prime component of development of any country The revenue from taxation is applied to inance public
goods and services such as infrastructure sanitation transportation and all other amenities which are provided by the
Government to its citizens A tax is a none penal yet compulsory transfer of resources from the private to the public
sector levied on a basis of predetermined criteria and without reference to speciied beneit received
Taxes in India used to be levied by multiple agencies such as Central Government State Governments and some local
authorities such as municipalities There are two types of taxes which are levied in India vizDirect Tax which is levied
directly to an individuals income in the form of Income Tax and Indirect Tax that is paid indirectly by the inal consumer
of goods and services
The source of powers to legislate laws in India is the Constitution of India and the authority to levy a tax is derived from
the Constitution of India which allocates the power to levy various taxes between the Centre and the States Previously
the Centre had the powers to levy tax on the manufacture of goods (except alcoholic liquor for human consumption
opium narcotics etc) while the States had the powers to levy tax on the sale of goods In the case of inter-state sale the
Centre had the power to levy a tax (CST) but the tax was collected and retained entirely by the states As for services it
was the Centre that was empowered to levy service tax
In a nutshell the previous indirect tax regime can be looked at from the point of view of Central and State laws For the
Central Government Central Excise Customs and Service Tax were the three main components For the State
Governments Value Added Tax (VAT) and CST were major taxes along with octroi entertainment tax etc which were in
many cases administered by the local bodies
VATndashThefirststeptowardsIndirectTaxReform
stIntroduction of VAT from 1 April 2005 was considered to be a major step and important breakthrough in the sphere of
indirect tax reform in India Though VAT was a successful move there were certain short-comings in the structure of
VAT This was mainly due to the form of mosaic of taxes being levied on goods and services such as luxury tax
entertainment tax etc not subsumed in the VAT thereby marginalizing the beneits comprehensive tax credit
mechanism The forms of CENVAT and State VAT were remained ineficient in fully removing the cascading effect of
taxes Such taxes added to the cost of goods and services through ldquotax on taxrdquo which the inal consumer has to bear
Variable rates under Excise Duty coupled with multiple valuation systems and various exemptions challenged the VAT
system further A business establishment having ofices in different States was required to follow the laws of the
respective states
ARTICLE
ICSI-NIRC Newsletter I July 2021 43
GOODS AND SERVICES TAX (GST)Culmination of ldquoOne Nation
One Taxrdquo ConceptCS Piyush Jain ACS
jainpiyush692gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
ChallengesofVATsystem
CENVAT was conined to the manufacturing stage and did not extend to the distribution chain beyond the factory gate
Because of this CENVAT paid on goods could not be adjusted against State VAT payable on subsequent sale of goods
This was the position for CENVAT collected on domestically produced goods and that collected as additional duty of
Customs on imported goods Whereas input tax credit of CENVAT or additional duty of custom was available to service
providers paying service tax they were unable to neutralize the State VAT or other state taxes paid on their purchase of
goods State VAT was payable on the value of goods inclusive of CENVAT and thus the VAT liability of a dealer used to get
inlated by this component without beneit of set off Inter state sale of goods attracted CST levied by the Centre and
collected by states This was an origin based tax and could not be set off against VAT in many situations VAT dealers
were unable to set off Service Tax that they had paid on their procurement of taxable input services
GSTndashthemostsigniicantindirecttaxreforminIndia
In order to address the above challenges of VAT GST was thought upon deliberated and brought in as a signiicant
improvement in the indirect tax regime at national as well as state level GST is one of the signiicant taxation reforms in
India aiming to integrate state economics and boost overall growth by creating a single uniied Indian market to make
the economy stronger
GST is consumption or destination based tax levied on goods and services at national level based on ldquoDestination
Principlerdquo It covers both goods and services and be collected on value added at each stage of the supply chain GST paid
on the procurement of goods and services can be set off against that payable on supply of goods or services GSTs prime
aim is to consolidate multiple Indirect tax levies into a single tax thus subsuming an array of tax levies overcoming the
limitations of VAT and creating eficiencies in tax administration To put it straight GST is not simply VAT plus Service
Tax but a major improvement over existing system of VAT and disjointed Service Tax ushering in the possibility of a
collective gain for industries trade and common consumers as well as for the Central and State Governments
Major Acts subsumed under GST are Excise State VAT laws Service Tax Octroi Entry tax etc
GSTndashAFlashback
In July 2000 the Government of India had set up an empowered Committee of some of the State Finance Taxation
Ministers as members with the objectives of implementation of a uniform loor rate of sale tax by States and UTs phasing
out of Sales Tax based incentive scheme to decide milestones and methods of states to switch over to VAT and to monitor
reforms in the Central Sales Tax system existing in the CountryThe Honble Union Finance Minister in the Central budget
for the year 2007-08 announced that GST would be introduced with effect from 01042010 This was based on the
recommendations of The Kelkar Task Force on indirect taxes However the deadline of April 2010 could not be met
because of the intricacies involved in the GST regime including amendment to the Constitution to give concurrent taxing
powers to the Union and State Governments
A non-Government not for proit private limited company was incorporated in the name of Goods and Services Tax
Network (GSTN) as special purpose vehicle to provide IT infrastructure and services to all the stakeholders including
Governments for implementation of GST The Constitution Amendment Bill introduced in the Lok Sabha in December
2014 was passed in May 2015 which was referred to Select Committee of Rajya Sabha The Bill was passed in August
2016 The Bill was adopted by majority of State legislatures The Bill got the assent of Honble President of India on th8 September 2016 Subsequently in April 2017 four Bills were passed by the Parliament on GST to give effect to the
stproposed system of indirect taxation The Acts came into effect from 1 July 2017
ICSI-NIRC Newsletter I July 2021 44
ARTICLE
GST-RatesandReturns
There are three types of taxes applicable under the GST regime viz CGST collected by the Central Governments on intra-
state sale SGST collected by State Governments on intra-state sale and IGST collected by the Central Government for
inter state sale GST is divided into ive different tax slabs ndash 0 5 12 18 and 28 Petroleum products alcoholic
drinks and electricity are not taxed under GST and continued to be taxed separately by the State Governments as before
In addition a Cess over and above 28 is applied on few luxury items Pre-GST tax rate for most goods was about 265
Post GST most goods fall in 18 bracket of tax rate
The Central Government in July 2017 introduced three returns for GST ie
middot GSTR-1 related to outward supply
middot GSTR-2 related to inward supply
middot GSTR-3 consolidated return including details of GSTR-1 amp 2
With a view to simplify compliances the Government scrapped GSTR-2 and 3 and introduced GSTR-3B which contains
details of inward outward supplies As a result presently only 2 returns viz GSTR-1 and GSTR-3B are iled The returns th th
are to be iled on 10 20 of the following month of GST liability
Regular taxpayers with an annual turnover of upto Rs5 crore are given an option to either pay tax and ile both GSTR-1
and GSTR-3B returns on quarterly basis or to avail an Invoice Furnishing Facility (IFF) under QRMP Scheme ie ile
GSTR-3B on quarterly basis and pay tax and ile IFF every month Taxpayers with an annual turnover of more than Rs 5
crore have to mandatorily ile both returns and pay tax on monthly basis
Further every GST registered taxable person whose turnover during a inancial year exceeds Rs 2 crore has to ile GSTR-st9 till 31 December of the next Financial Year
E-invoicingunderGST
GST was a new concept to the citizens and even to the Government itself The idea behind the introduction of GST
became successful in subsuming various indirect taxes and ease of compliance burden but it also opened gates for new
kinds of frauds by inding loopholes in the system and misusing the opportunities extended by the Government to its
citizens for their economic prosperity Tax leakage and frauds using fake invoices became a taxing problem for the
Government to counter The concept of E-invoicing was introduced in 2020to put an end to such malpractices by
mandating authorisation of every invoice from the Government portal
Under E-invoicing all B2B and Export invoices need to be generated through the Government system ie the Invoice
Registration Portal (IRP) After uploading invoice on IRP an E-invoice is generated which containsa unique Invoice
Reference Number (IRN) and a digitally signed QR code Once an IRN is generated and invoice has been authenticated its
details are made available on the GST portal and EWB portal in real-time The E-invoice can be cancelled within 24 hrs of
generation
E-invoicing was initially applicable tothose businesses exceeding turnover of Rs 500 crore which wasscaled down to
Rs 100 crore within two months Presently from April 2021 it is mandatory for every business with a turnover of more
than Rs50 crores
Its implementation has beneited the Government in plugging the tax leakage It also bridges the gaps in reconciliation
of mismatch invoices faster availability of genuine Input Tax Credit and lesser possibility of intervention by tax
authorities
ICSI-NIRC Newsletter I July 2021 45
ARTICLE
ReverseChargeMechanism
Reverse charge means the liability to pay tax is on the recipient of goods or services instead of the supplier of such goods
or services in respect of notiied categories of supply of goods of services Normally the supplier of goods or services
pays the tax on supply In the case of reverse charge the receiver becomes liable to pay tax ie the chargeability gets
reversed The person who is receiving goods or services pays GST to the Government on behalf of the person who
provides such goods or services and in turn can claim Input Tax Credit if the goods or services received are not in
negative list
ElectronicWayBill
For intra-state interstate movement of goods e-way bill system has been introduced E-way bill is required to be
generated before the commencement of movement of goods only where the value of the consignment exceeds
Rs50000 The time period for the recipient to communicate his acceptance or rejection of the consignment would be
the validity period of the concerned e-way bill or 72 hours whichever is earlier E-way bill is valid for one day up to 100
km and additional one day for every 100 km or part thereafter Form GST EWB ndash 01 is an e-way bill form It contains ldquoPart
Ardquo ie details of goods and ldquoPart Brdquo ie details of vehicle Movement of goods from the place of consigner to the place of
transporter up to a distance of 50 km does not require illing of Part B of the e-way bill The Supplier has to generate Part
A of the e-way bill Implementation of the nation wide E-Way Bill mechanism under GST regime is being done by GSTN in
association with NIC on the portal viz hpsewaybillgstgovin
GSTndashaWorkinProgress
GST one of the steps towards digitisation proved to be a revolutionary tax system for India It has boosted the economy
of the Country by eliminating the drawbacks of the VAT System automation system of tax calculation and enabling
online payment of tax and iling returns which has resulted in the growth of the revenue collection of the Government
Transporting goods from one state to another has become a smoother affair with GST replacing a messy basket of
Central Municipal and State levies Though 4 years have passed since the introduction of the GST regime hiccups and
bottlenecks continue to crop up This could be narrowed down by simplifying rules and procedures GST still being a
work-in progress needs to go a long way to achieve the objective of ldquoOne Nation One Taxrdquo concept
RecognitionofCompanySecretaryunderGoodsandServiceTax
Company Secretaries as competent professionals in the area of Indirect Taxes can get hold of plethora of opportunities
under the Goods and Services Tax Company Secretaries could act as a crucial link to bridge the knowledge gap leading
to fair and voluntary compliance of law and rightful discharge of tax liability by assesses As the gamut of Indirect Tax
expands an ocean of opportunities are being unfolded in front of us The Act itself in Section 48 reads with Rule 83 of the
Central Goods and Services Tax Rules 2017 provides that any person who has passed the Final Examination of the
Institute of Company Secretaries of India (ICSI) is eligible for enrolment as a Goods amp Services Tax Practitioner Such a
person can apply in Form GST PCT-01 on the common portal either directly or through a Facilitation Centre notiied by
the Commissioner for enrolment for registration Further Under Section 116 of Central Goods amp Services Tax Act 2017
read with Rule 84 of the said Rules a Company Secretary is entitled to appear before an oficer appointed under this Act
or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act Apart from this
Company Secretories a responsible oficer in most of the companies get entrusted with responsibilities under GST
ambit and paves the way for strategic thinking for the business development They are well connected with all the
segments right from strategy marketing compliances administration and so on This diversiication of areas of
responsibility will open up more opportunities of career growth for Company Secretaries even to reach at the top
management level
ICSI-NIRC Newsletter I July 2021 46
Goods and Service Tax is an Indirect Tax which has replaced many indirect taxes in India such as the Excise Duty Vat th st
Services Tax etc The Goods and Service Tax was passed in the Parliament on 29 March 2017 and came into effect on 1
July 2017Goods and Service Tax is levied on the supply of Goods and services Goods and Services Tax Law in India is a
comprehensive multi-stage destination-based tax that is levied on everyvaluableadditionGST is a single domestic
indirect tax law for the entire nation The structure of indirect levy in India before the arrival of GST was
ARTICLE
ICSI-NIRC Newsletter I July 2021 47
GOODS AND SERVICES TAX (GST)what is gst in india
CS Ashvini Mohan Dhuri ACS
ashwinidhuri10gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
Under the GST Regime the tax is levied at every point of sale In the case of intra-state sales central GST and State GST are
charged All the inter-state sales are chargeable to the Integrated GST
AMulti-Stage
middot An item goes through multiple change of hands along its supply chain starting from Manufacture until the Final
sale to the customer like the following
- Purchase of raw materials
- Production or manufacture
- Warehousing of inished goods
- Selling to wholesalers
- Sale of the product to the retailers
- Selling to the end consumers
- The Goods and Services Tax is levied on each of these stages making it a Multi- Stage Tax
ARTICLE
BValueAddition(VA)
ICSI-NIRC Newsletter I July 2021 48
bull A manufacturer who makes biscuits buys lour sugar and other material The value of the inputs increases
when the sugar and lour are mixed and baked into biscuits
bull The manufacturer then sells these biscuits to the warehousing agent who packs large quantities of biscuits in
cartons and labels it This is another addition of value to the biscuits After this the warehousing agent sells it to
the retailer
bull The retailer packages the biscuits in smaller quantities and invests in the marketing of the biscuits thus
increasing its value GST is levied on these value additions ie The monetary value added at each stage to
achieve the inal sale to the end customer
CDestination-Based
Consider goods manufactured in Maharashtra and sold to the inal consumer in Karnataka Since the goods and Service
Tax is levied at the point of consumption the entire tax revenue will go to Karnataka and not Maharashtra
JourneyofGSTinIndia
The GST journey began in the year 2000 when a committee was set up to draft law It took 17 long years from then for the
law to come into existence In 2017 the GST Bill was passed in the Lok Sabha and Rajya Sabha On 1stJuly 2017 the GST
Law came into force
AdvancesofGST
bull Removal of Cascading effect
bull Higher Threshold for GST registration
bull Composition scheme for all small businesses
bull Simpler online facilities for GST compliance
bull Relatively lesser compliances under GST
bull Deined treatment for E-Commerce activities
bull Increased eficiency in logistics
bull Regulating the unorganized sectors
ComponentsofGST
bull CGST CGST is a tax levied on Intra State supplies of both goods and services by the Central Government and will be
governed by the CGST Act
bull SGST SGST is a tax levied on Intra State supplies of both goods and services by the State Government and will be
governed by the SGST Act
bull IGST IGST is a tax levied on all Inter-State supplies of goods andor services and will be governed by the IGST
ARTICLE
Illustration
Let us assume that a dealer in Gujarat had sold the goods to a dealer in Punjab worth Rs 50000 The tax rate is 18
comprising of only IGST Here the dealer has to charge IGST of Rs 9000 This revenue shall go to the Central Government
The same dealer of Gujarat sells goods to a consumer in Gujarat worth Rs 50000The GST rate on goods is 12 This rate
comprises CGST at 6 and SGST at 6The dealer has to collect Rs6000 as Goods and Service Tax Rs 3000 will go to the
Central Government and Rs3000 will go to the Gujarat Government since the sale is within the State
TaxLawsbeforeGST
In the earlier indirect tax regime there were many indirect taxes levied by both the state and the centre States mainly
collected taxes in the form of Value Added Tax (VAT) Every state had a different set of rules and regulations Inter-state
sale of goods was taxed by the centre CST (Central State Tax) was applicable in case of inter-state sale of goods The
indirect taxes such as the entertainment tax octroi and local tax were levied together by state and centre These led to a
lot of overlapping of taxes levied by both the state and the centre For example when goods were manufactured and sold
excise duty was charged by the centre Over and above the excise duty VAT was also charged by the state It led to a tax on
tax effect also known as the cascading effect of taxes The following is the list of indirect taxes in the pre-GST regime
middot Central Excise Duty
middot Duties of Excise
middot Additional Duties of Excise
middot Additional Duties of Customs
middot Special Additional Duty of Customs
middot Cess
middot State VAT
middot Central Sales Tax
middot Purchase Tax
middot Luxury Tax
middot Entertainment Tax
middot Entry Tax
middot Taxes on advertisements
middot Taxes on lotteries betting and gambling
CGST SGST and IGST have replaced all the above taxes
ICSI-NIRC Newsletter I July 2021 49
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST+ SGST VAT + Central
Excise Service Tax
Revenue to be shared equally between Centre and the
State
Sale to another State IGST Central Sales Tax +
excise Service Tax
There will be only one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
ARTICLE
HowhasGSThelpedinPriceReduction
During the pre-GST regime every purchaser including the inal consumer paid tax on tax This condition of tax on tax is
known as the cascading effect of taxesGST has removed the cascading effect Tax is calculated only on the value-addition
at each stage of the transfer of ownership The indirect tax system under GST will integrate the country with a uniform
tax rate It will improve the collection of taxes as well as boost the development of the Indian economy by removing the
indirect tax barriers between states
Illustration
Based on the above example of the biscuit manufacturer lets take some actual igures to see what happens to the cost of
goods and the taxes by comparing the earlier GST regimes
Taxcalculationsinearlierregime
ICSI-NIRC Newsletter I July 2021 50
Action Cost(Rs) Taxrateat10(Rs) InvoiceTotal(Rs)
Manufacturer 1000 100 1100
Warehouse adds a label and
repacks at Rs300
1400 140 1540
Retailer advertises at Rs 500 2040 204 2244
Total 1800 444 2244
The tax liability was passed on at every stage of the transaction and the inal liability comes to a rest with the customer
This condition is known as the cascading effect of taxes and the value of the item keeps increasing every time this
happens
Taxcalculationsincurrentregime
Action Cost(Rs) Taxrateat10(Rs)
Taxliabilitytobedeposited(Rs)
InvoiceTotal(Rs)
Manufacturer 1000 100 100 1100
Warehouse adds a label and
repacks at Rs300
1300 130 30 1430
Retailer advertises at Rs 500 1800 180 50 1980
Total 1800 180 1980
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
ARTICLE
WhataretheNewCompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
1E-WayBills
GST introduced a centralized system of waybills by the introduction of ldquoE-way billsrdquo This system was launched on 1st
April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of goods in a staggered
manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods transported
from the place of its origin to its destination on a common portal with ease Tax authorities are also beneited as this
system has reduced time at check -posts and helps reduce tax evasion
2E-invoicing
The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual aggregate turnover of
more than Rs500 crores in any preceding inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100 crores These businesses must obtain a
unique invoice reference number for every business-to-business invoice by uploading on the GSTNs invoice
registration portal The portal veriies the correctness and genuineness of the invoice Thereafter it authorizes using the
digital signature along with a QR code E-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to the GST portal and the e-way bill portal It
will therefore eliminate the requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way
bills too
3ChangeinRegistrationLimit
Increase in GST registration limit from Rs 20 lakhs up to Rs 40 lakhs for suppliers of goods Changes in the existing
composition scheme made by increasing the turnover limit to join the scheme up to Rs 15 crores tax payments to be
made quarterly and returns to be iled annually starting 1st April 2019
4Variousotheramendments
43rd GST Council meeting will take place on 28th May 2021 (Friday) at 11 AM via video conferencing and will be
chaired by Union FM Nirmala Sitharaman
middot Section 16 amended to allow taxpayers claim of input tax credit based on GSTR-2A and 2B Henceforth ITC on
invoices and debit notes may be availed only when the details of such invoice or debit note have been furnished
by the supplier in the statement of outward supplies and such details have been communicated to the recipient
of such invoice or debit note
middot Section 50 of the CGST Act is being amended to provide for a retrospective charge of interest on net cash liability
with effect from 1st July 2017
middot With respect to orders received on detention and seizure of goods and conveyance 25 of penalty needs to be
paid for making an application for appeals under section 107 of the CGST Act Date of applicability is yet to be
notiied
ICSI-NIRC Newsletter I July 2021 51
ARTICLE
middot GST audit requirement by speciic professionals such as CAs and CMAs has been removed from the GST law
Section 35 and 44 has been amended in this regard As per the amendment only GSTR-9 annual returns on a self-
certiication basis need to be iled on the GST portal by taxpayers completely removing the requirement for
GSTR-9C ie the reconciliation statement However the inancial year and date of applicability are yet to be
clariied by the government
middot Section 7 of the CGST Act was amended to include a new clause under the deinition of supply Activities or
transactions involving the supply of goods or services by any person other than an individual to its members or
constituents or vice-versa for cash deferred payment or other valuable consideration falls under supply and
will be liable to tax Earlier this supply would have been considered as only supply of goods under schedule II So
the scope is expanded now for levy
middot Seizure and coniscation of goods and conveyances in transit are now made a separate proceeding from the
recovery of tax from Section 74
middot Self-assessed tax referred to under section 75 of the CGST Act shall also cover the outward suppliessales as
reported in the GSTR-1 under Section 37 of the CGST Act but which has been missed out while reporting in the
GSTR-3B under Section 39
middot The provisional attachment shall remain valid for the entire period starting from the initiation of any proceeding
till the expiry of a period of one year from the date of order made there under
middot Section 129 is delinked from Section 130 Accordingly proceedings relating to detention seizure and release of
goods and conveyances in transit will be separate from the levy of penalty for the coniscation of goods and
conveyance
middot The Jurisdictional Commissioner can now call for information from any person relating to any matter dealt with
in connection with the Act under Section 151 together with section 168 Further section 152 is amended to
provide an opportunity of being heard before using information obtained under Sections 150 or 151 of the Act
middot The IGST Act was also amended in Section 16 that deines a zero-rated supply Three amendments were made ndash
(1) To state that supply to SEZ units developers will be zero-rated only if it is authorized operations (2) Only
notiied persons or supplies of goodsservices can avail the status of zero-rated when IGST is paid (3) Foreign
exchange remittance will be linked in case of export of goods with the refund
ICSI-NIRC Newsletter I July 2021 52
ThePerspectivest thOn 1 July 2021 our beloved and most controversial Goods and Service tax Act will be celebrating its 4 Birthday The 3
Major Motive for introducing GST were One nation One Tax Ease of compliances and Seamless Flow of credit to
eliminate the cascading effect of the Taxes In these 4 years GST has undergone more than 900 amendments through
Notiications Circulars and Press Release There has been Chronic Tinkering and twisting of the provisions and as a
result of that the provisions which are currently in force are completely different from the one which were introduced in
the beginning
WhatisGST
Goods and Services Tax is levied on the manufacturing and sales of goods and services across the country The tax is
charged at every stage of the manufacturing process GST is applicable for both the customer and the manufacturer It is a
destination-based tax This means that GST is to be collected at the point of consumption So if a product is
manufactured in Bihar and is sold in Bhopal the tax will be levied in Bhopal Moreover at every stage of the
manufacturing process where value is added to the product GST is collected
Introduced as one of the biggest economic reforms by the BJP-led Modi government the GST kicked off with the promise
to streamline taxation and compliance burden Experts also claimed that in many ways it has streamlined the process
ldquoBased on the one nation one tax ideology GST has helped in reducing the cascading effect of tax considerably Also
multiplicity of compliances under various indirect taxes has been reduced Hence introduction of GST in India has
brought in eficiencies in indirect tax compliance incidence and reduced the number of indirect tax authorities that a
taxpayer needed to interact with
EffectofGSTontheIndianeconomy
In a few months Goods and Services Tax law in India will celebrate its fourth birthday This could be a good time to raise
the question whether GST has been a success in India Responses to this question normally swing between two extremes
- the government and the tax department would say that GST has been an unqualiied success while the taxpayer who
has struggled to cope with the rapid changes in the law would say that GST has been a disaster As is normally the case
with such extremities the truth lies in the middle GST has its good points and its poor points with the latter winning
over the former Had the implementation been more smooth the poor points would have been overshadowed by the
good parts of GST
The introduction of GST has helped merge the taxes of the state and central governments This has helped remove the
cascading effect of multiple taxes Therefore the burden of taxes has reduced for companies and customers Not just this
taxpayers have increased in number and hence the tax revenues have also increased signiicantly Over the last year or
so two developments in GST should be considered to be huge positives
ARTICLE
ICSI-NIRC Newsletter I July 2021 53
GST ndash Impact Issuesand Suggestions
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS (Dr) S K Gupta FCS
cbstskguptagmailcom
ARTICLE
The concept of e-invoicing has been introduced in stages ndash this is a step that would ensure greater transparency in
supplier-receiver transactions which results in proper availment and utilization of input tax credit Simultaneously the
government appears to have announced a war to ight the menace of fake invoicing which was taking away a substantial
portion of GST revenues
The implementation of GST has signiicantly affected the Indian economy in the following ways
middot SimpliicationofthetaxstructureGST has simpliied the taxation system of the country As GST is a single tax
calculating taxes at the multiple stages of the supply chain has become easier Through this both customers and
manufacturers get a clear idea of the amount of tax they are charged and its basis Further hassles of handling tax
oficials and authorities can also be avoided
middot FosteringproductionAs per the Indian retail industry the total tax component is around 30 of the product
cost Due to the impact of GST the taxes have gone down So the end consumer has to pay lesser taxes The
reduced burden of taxes has enhanced the production and growth of the retail and other industries
middot SMEsupport Small and medium enterprises can now register under the Composition Scheme introduced by
GST Through this scheme they pay taxes according to their annual turnover Therefore businesses having an
annual turnover of Rs 15 crores only have to pay 1 GST Moreover other enterprises having a turnover of Rs
50 lakh are required to pay 6 as GST
middot EnhancedpanIndiaoperations Companies can now avoid taxation roadblocks such as toll plazas and check
posts Earlier these created problems including damage to unpreserved products while transporting them So
manufacturers had to keep buffer stock to make up for the damages These overhead costs of storing and
warehousing hampered their proit A single taxation system has reduced these problems They can now
transport their goods easily across India This has resulted in the improvement of their pan India operations
middot Increaseinexports GST has reduced the customs duty on exporting goods The cost of production in the local
markets has also decreased due to GST All these factors have increased the rate of exports in the country
Companies have become more competitive when it comes to expanding their businesses globally
middot Thegoods and services tax (GST)has ensured formalizationof the economy and improved mop-up
delivering seamless convergence under the one-nation one tax theme said industry champions unanimously
calling it an enabler of ease of doing business With uniformity of rates and elimination of multiple other indirect
taxes GST has cut out the cascading of levies widened the tax net and added to revenues
IssuesunderGST
middot Dificulty in claiming input tax credit and ever changing rules make compliance a cumbersome businessldquoInput
Tax Credit (ITC) is an area which has certain limitations that need to be addressed The GST regime sought to
have a seamless low of ITC however conditions for availing ITC being stringent many taxpayers lost out on ITC
middot Taxpayers are also complaining about the imposing an arbitrary monetary limit on availing input tax credit
through Rule 36(4) and mandating that a certain percentage of GST has to be paid in cash
middot The nationwide lockdown has intensiied the problem of revenue shortfall for states with the Centre not paying
up the dues on time Also with coffers drying up and with social and health spending going up states are growing
disenchanted with the system
middot The meetings of the GST Council are not as frequent as they were earlier if the recent incidents are anything to go
by and it often end up with disagreement ight and strong letters and statements
ICSI-NIRC Newsletter I July 2021 54
ARTICLE
middot The core theme of the one nation one tax slogan seems to be diluted with the introduction of state-level cesses
for example Kerala Flood cess at the rate of up to 1
middot Challenges for the exporters for smooth processing of GST refunds have been an area of concern while the
government has taken several initiatives for speedy processing of refunds the beneit is taking time to percolate
to corporates effectively
middot With the advent of GST various petitions seeking release of detained goods and hardships faced due to technical
glitches have been iled Moreover the constitutional validity of some of the GST provisions have been contested
before the courts It cannot be denied that AAR authorities have helped to clarify several controversial issues
However contradictory rulings on identical matters should be addressed soon
middot The announcement that a GST reconciliation statement need not be certiied by an auditor could have probably
waited for a couple of years more since the department would need some authentic database on what
components of the revenue statement would attract GST ndash a task best left to the auditor of the entity
middot We all know that in GST there will be the lot of litigations coming in near future and we all know the reason In
this 4 years GST has become more prone to litigation Even for simple revocation of cancellation of registration
after the prescribed days the taxpayer has to ile the appeal So we can presume the litigations that are going to
happen in near future
SuggestionsforimprovingeffectivenessofGST
middot There is an invariable need to put a halt on the changes in tax rates and decide the rate structure that is static for a
few years Adding on to that increasing the tax rates is not an ideal solution for grabbing more revenue especially
in the era of an economic slowdown In short there is a need for a simpliied tax structure of only three tax slabs
Either we need to merge 12 amp 18 or 5 amp 12 slabs into one
middot Some goods amp services like electricity real estate and petroleum are out of GST structure As they are out of GST
bracket the input tax credit beneits cannot be utilized by the segments involved in the process and so it is a loss
for them In addition these sectors are out of the indirect tax system at the mercy of state government Some
sectors such as oil and gas are demanding to be included in the GST Even experts suggest that the right way to
implement GST is to put all the sectors under the bracket of GST but it would take some time to implement the
required tweaks to the system
middot Exempt supplies must not form part of ldquoaggregate turnover‟ to determine threshold limit for taking registration
in GST It must be excluded from the Aggregate Turnover The threshold limit of 20 Lakhs more will be signiicant
for SMEMSME sector This will enable a small taxpayer having majorly exempt supplies with only a small
portion of taxable supplies to remain out of the net of GST
middot The current composition scheme is applicable only for manufacturers traders and restaurant service providers
In the GST amendments it has been proposed by the GST Council to enable registered manufacturers and
traders to opt for composition scheme us 10(1) of the CGST Act even if they supply services of value not
exceeding 10 of the turnover in the preceding FY in a StateUnion territory or Rs 5 lakhs whichever is higher
The beneit of composition scheme must be extended to other service providers by providing certain percentage
or ceiling for inter-state outward supplies of goods for the beneit of SMEMSME sector in true sense Presently
a person opting for composition scheme is not allowed to make any inter-state outward supply of goods which is
creating a bottle neck for small sector
ICSI-NIRC Newsletter I July 2021 55
ARTICLE
middot A suitable clariication is required with regard to the deinition of ldquoagent‟ under Section 2(5) (vii) of Section 24
of CGST Actas it covers only those persons who supply taxable goods on behalf of any other person ie
consignment agents Clarity on Compulsory Registration for ldquoagentsrdquo is only conined to consignment agents
Controversy whether the commission agents or brokers who merely facilitate a transaction between two parties
like procuring orders etc are also debarred from the beneit of threshold limits of registration ie Rs 20 Lac
middot As part of ICT the government should promote the usage of Point of Sales (PoS) machines which are closely
integrated with the Inventory Invoicing and GST Returns iling This will ease the reporting compliance as the
small traders are inding it dificult for tracking and maintaining inventory based on HSN codes Subsidy may be
given for procurement of such PoS machines so that it will increase the return iling ratio and also minimize the
digital transactions which has increased during the demonetization period but the same started falling and
reaching lower levels than the pre-demonetization period
middot IGST credit to be restricted only on import of raw materials - Manufacturers of India must be incentivized in
comparison to their position with traders of imported inished goods IGST credit on imports should be
restricted only to the manufacturer of imported raw materials Import of Finished goods must not be allowed
par beneit of credit of IGST to the trader of imported inished goods This will make the position of
manufacturers wiser and encouraging as compared to importers This will boost Make in India and promote
domestic manufacturers
middot Taking into consideration the rigorous procedure involved in Advance Ruling provisions iling of application on
behalf of association representing its members in a State may be permitted This will beneit small taxpayers not
being able to adopt this route for seeking certainty of their GST issues Such application can be accompanied
with list of all the members with their GSTIN on whom such ruling shall be applicable
middot If the MSME taxpayers pays the taxes promptly and also iles the returns in time there should be a certain
percentage of the amount of tax paid should be rewarded back This will prompt the taxpayers to be honest and
take the incentive This amount should be declared or given after the audit assessment so that undue beneit
will not be passed on the taxpayers Also region wise such taxpayers should be honored this will also motivate
others to pay taxes upfront
Conclusion
This is the third consecutive year India has made waves on the Doing Business ranking India improved on six of ten
parameters set by the World Bank as against eight last year becoming among top ten improvers for the second time in a
row This year alone India has moved up by a phenomenal 14 spots on the Doing Business Index a feat achieved by most
countries over a 20 year period Finance Minister Nirmala Sitharaman has spoken of the Governments keen interest in
improving rankings and keeping that goal in mind they are prepared to implement all sorts of reforms - especially under
GST and GST Compliance
ICSI-NIRC Newsletter I July 2021 56
stOn 1 July 2021 our beloved Goods and Service tax Act will be celebrating its 4th Birthday GST was introduced for 3
major purposes as One nation One tax ease of compliances and seamless low of credits to remove the cascading effects
of the taxes However in the last 4 years GST is reshaping itself by more than 900 amendments through Notiications
Circulars and Press release accordingly we can say it is changing day by day In this article author has discussed the topic
of ldquoE-way Bill under Goods and Services Tax (GST)rdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 57
E-way Bill under Goodsand Services Tax (GST)
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Sandeep Singh Chauhan ACS
sandy673711gmailcom
WhatisE-wayBill
E-way bill is an electronic permit or electronic generated document for movement of goods from one place to another
place which is to be generated on the E-way bill portal ie on wwwewaybillgstgovin
Earlier before the introduction of GST there was no concept of electronic way bill However the need to have check and
balances in the present has been felt necessary to discourage the parallel economy Introduction of E-way Bill in India
has been effected for inter-State movement of goods across the country from 1st April 2018 and on notiied dates by
respective State Government for intra state movements
WhenshouldE-wayBillbegenerated
If the value of goods of consignment is more than Rs 50000- except for certain speciied goods meant for Job work
goods meant for export with Customs seal from factory to Port airport ICD imported goods goods sent on approval
basis exhibition or fairs purposes removal for testing removal from factory to weighbridge for weighment of goods
and back to factory up to 20 kms inward supply from unregistered person SKD CKD Sales return For own use and
exempted goods
ARTICLE
ICSI-NIRC Newsletter I July 2021 58
Accordingly E-way Bill shall mandatorily generated on the common portal for all types of movements if the value of
goods exceeds more than Rs 50000- however E-way Bill needs to be generated mandatory even if the value of
consignment of goods is less than Rs 50000 where ndash
1 Movement of goods in inter-state by principal to the Job-worker
2 Handicraft goods are transported from one State or Union territory to another State or Union territory by a
person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of
section 24 of the CGST Act
Here the term Consignment Value means value determined as per section 15 of the CGST Act as mentioned on the
invoice bill of supply or delivery challan as the case may be including the applicable tax thereon However such
consignment value shall exclude the value of exempted supply where the invoice is issued in respect of both exempt and
taxable supply of goods (ldquoNotiicationNo122018rdquo)
WhoshouldgenerateE-wayBill
The primary responsibility to generate E-way Bill shall be of the registered person who causes the movement of goods
ie the consignor or the consignee as the case may be However if such consignor or consignee doesnt generate the
EWB it may be generated by transporter as well if authorized by the registered person In case of supply of goods by an
unregistered person to registered person the liability to generate EWB is on the recipient
As per revised Rule 138 (2) under Notiication No 122018 it has been provided that E-way Bill shall be required to be
generated in case the goods are transported by consignor or consignee in his own vehicle or in a hired one or a public
conveyance by road In such case the registered person causing the movement of goods may raise the EWB after
furnishing the vehicle no in Part B of FORM GST EWB ndash 01 if the value of goods being transported is more than
Rs50000-
Railway has been exempted from generation and carrying of e-way bill with the condition that without the production of
e-way bill railways will not deliver the goods to the recipient But railways are required to carry invoice or delivery
challan etc
ARTICLE
ICSI-NIRC Newsletter I July 2021 59
WhenE-wayBillisnotrequiredtobegenerated
In the following cases E-way Bill is not required to be generated
(i) The goods being transported are speciied in Annexure under Rule 138(14) of the Central Goods and Services Tax
Rules2017
(ii) The goods are being transported by a non-motorized conveyance
(iii) The goods are being transported from the port airport air cargo complex and land Customs Station to Inland
Container Depot or Container Freight Station ( for clearance by Customs)
(iv) The movement of goods within areas notiied under clause (d) of sub-rule (14) of the Goods and Services Tax Rules
of the Concerned State
(v) Goods ( other than de-oiled Cake) speciied in the Schedule appended to Notiication No22017-CT(Rate) dated
the 28th June2017 ie goods exempted from GST
(vi) Alcoholic liquor for human consumption petroleum crude high speed diesel motor spirit (commonly known as
petrol) natural gas or aviation turbine fuel
(vii) Goods which have been declared as no supply in Schedule III of CGST Act2017
(viii) Where the goods are being transported under Customs bond from an inland container depot or a container freight
station to a Customs port airport air cargo complex and land Customs station or from one Customs station or Customs
port to another Customs station or Customs port or under Customs supervision or under Customs seal
(ix) Where the goods being transported are transit cargo from or to Nepal or Bhutan
(x) Where the goods being transported are exempt from tax under Notiication No 72017-CT(Rate) dated 28th
June2017 as amended from time to time and Notiication No 262017-CT(Rate) dated the 21st September2017 as
amended from time to time
(xi) Any movement of goods caused by defence formation under Ministry of defence as a consignor or consignee
(xii) Where the consignor of goods is the Central Government Government of any State or a local authority for transport
of goods by rail
(xiii) Where empty cargo containers are being transported and
(xiv) Where the goods are being transported upto a distance of twenty kilometers from the place of business of the
consignor to a weighbridge for weighment or from the weighbridge back to the place of business of the said consignor
subject to condition that the movement of goods is accompanied by a delivery challan issued in accordance with Rule 55
BlockingandUnblockingofE-wayBill
middot E-way bill generation is blocked for taxpayers who have not iled their returns for the previous two consecutive
monthsquarters
middot Thus if a taxpayer has not iled GSTR-3B for two or more consecutive months then heshe cannot generate e-
way bills to do dispatches and receive goods resulting in a standstill
middot Only when a taxpayer iles GSTR-3B the e-way bills will get unblocked on the next day
middot The system of e-way bill clocking was implemented from the 2nd of December 2019
ARTICLE
ICSI-NIRC Newsletter I July 2021 60
Forexample if a taxpayer has not iled his GSTR-3B for April 2021 and May 2021 then his GSTIN will get blocked in the
e-way bill portal from June The main intention of the government is to track down the non-ilers of GST returns and
make them compliant
WhatifE-wayisnotgenerated
If the suppliers or transporters are not generating the e-way bills the same will be considered as contravention of
statutory provisions of GST law
As per Section 122 (xiv) of the CGST Act 2019 a taxable person who transports any taxable goods without the cover of
speciied documents E-way bill shall be liable to pay a penalty of Rs 10000- or an amount equivalent to the tax
evaded
As per section 129 of CGST Act2017 where any person transports any goods or stores any goods while they are in
transit in contravention of the provisions of this Act or the rules made thereunder all such goods and conveyance used as
a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to
detention or seizure to recover applicable tax and penalty from the person transporting goods and the owner of the
goods
SomeoftheimportantjudicialpronouncementonE-wayBill
SNo CaseName IssueampSummary
1 Ms KB Enterprises Vs Asst
Commissioner State Taxes amp
Excise-2019(12) TMI 1089-
GSTAA-HP
Section 129 proceeding cannot be initiated for Minor mistake(s) in e-
way bill- The minor mistakes in Part-B of the e-way bill (error in one or
two digitscharacters of the vehicle number) will not invite detention
order and only penalty of Rs 1000- (CGST- Rs 500- amp SGST-Rs 500-)
will become due to payable
2 Godrej Consumer Products Ltd
Vs ACSTampE-Cum- GIBHP
G o d re j C o n s u m e r 1 1 - 0 2 -
2020HC-67
Typographic error in entering distance in E-way bill is minor
mistake-Due to a typographic error while generating E-way bill the
petitioner mentioned approx distance between Puducherry to Himachal
Pradesh as 20 Kilometers instead of 2000 Kilometers As a result a
validity of one day has been calculated by the E-way bill portal instead of
twenty days and the E-way bill subsequently got expired on the very next
day The consignment was intercepted on dated 15th Sep 2018 and
thereby a taxpenalty has been imposed under section 129 of
HPGSTCGST Act 2019 for contravention of Rule 138 However it was
held by the Honble HC that typographic error may be treated as a minor
one and in such case if the demand and penalty have been levied by the
proper oficer us 129 the same need to be refunded to the supplier
ARTICLE
ICSI-NIRC Newsletter I July 2021 61
3 Hindon Machinery Tools Vs
State of UP- 2019 (22) GSTL 4
(All)
ReleaseoftheseizedgoodsforwritingwrongTaxInvoiceNoonE-
way Bill- Incorrectly mentioning the number of tax invoices as tax
invoice number on E-way Bill- Prima facie there seems no discrepancy in
E-way Bill attracting seizure of goods Goods directed to be released
without insisting for a deposit of any amount and furnishing security as
GST already paid on goods
4 Daily Fresh Fruits India Private
Limited v Commissioner SGST
2020-VIL-115- KER
Detentionofgoodsonthegroundofwrongclassiicationofgoods-
The High Court quashed detention order on the ground that this was a
bona-ide case of dispute in the classiication of goods and directed
release of goods
5 Commercial Steel Company v
Assistant Commissioner of State
Tax 2020-VIL- 116-TEL
Goodscannotbedetainedjustbecausedriverhastakenadifferent
route-The High Court observed that vehicle was found at another place
does not automatically lead to any presumption that there was an
intention of evasion of tax
6 Kun Motor Co Pvt Ltd Versus
Assistant State Tax Oficer
Kerala State GST Department
Thiruvananthapuram- 2019
(21) GSTL 3 (Ker)
Incidence of Tax is on Supply andnot onnature of transport-A
person from Trivandrum goes to Pondicherry purchases a car and
entrusts it to the car dealer to transport it to Trivandrum On the way in
Kerala the oficials under the GST Act intercept the vehicle and detain
the goods for no e-way bill accompanies the consignment The High
Court held that detention of car was illegal
The 43rd GST council meeting was held on 28th May 2021 The GST Council has met after more than six months The
meetings were chaired by Finance Minister Smt Nirmala Sitharaman Union Minister of State for Finance and Corporate
Affairs Shri Anurag Thakur was also present at the meeting besides the Finance Ministers of the states and union
territories (UTs) and other senior oficers of both the Ministry of Finance and the States and UTs
rdImportantMeasurestakeninGSTinthe43 CouncilMeetingforfacilitationreliefto
taxpayers
1AnnualReturnrelatedmeasures
middot Amendment in section 35 and 44 of CGST Act 2017 has been made through Finance Act 2021 to provide for self-
certiication of reconciliation statement in FORM GSTR-9C instead of previous requirement of certiication of
such statement by a Chartered Accountant Cost Accountant The said amendment would be notiiedwith
effectfrom01082021
middot This amendment will be applicable for the Annual return for the FY2020-21
middot The formatof GSTR-9 and GSTR-9C forms for FY 2020-21 would be same as for FY 2019-20 except for some
minimal changes to give effect to the said amendment
middot Requirement of furnishing annual return in FORMGSTR-99A for FY 2020-21 has been continued to be
optional for the taxpayers with annual turnover uptoRs2crores
middot Requirement of furnishing reconciliation statement in FORMGSTR-9Cfor FY 2020-21 will also continue to be
waived for the taxpayers with annual turnover uptoRs5crores
2AmnestySchemetoproviderelieftotaxpayersregardinglatefeeforpendingreturns
middot To provide relief to the taxpayers especially smaller taxpayers from high amount of late fee on pending returns
a latefeeamnestyscheme has been brought out in respect of pending returns in FORMGSTR-3B for the tax
periods from July2017toApril2021
middot Latefeehasbeenreduced waived conditionally in respect of such pending returns in FORMGSTR3B for the
tax periods from July2017toApril2021as under -
a Late fee capped to a maximum of Rs500-(Rs 250- each for CGST amp SGST) per return for taxpayers who did
nothaveanytaxliabilityfor the said tax periods
b Late fee capped to a maximum of Rs1000-(Rs 500- each for CGST amp SGST) per return for other taxpayers
c The reduced rate of late fee would be conditional and apply only if GSTR-3B returns for these tax periods are
furnished during the period between01062021to31082021
ARTICLE
ICSI-NIRC Newsletter I July 2021 62
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
Goods andServices Tax
ARTICLE
ICSI-NIRC Newsletter I July 2021 63
3Rationalizationoflatefeeimposedundersection47oftheCGSTAct
Late fee structure under section 47 has been rationalized for prospective tax periods to give relief to smaller taxpayers
from burden of higher late fee by linking the maximum late fee with tax liability turnover of the taxpayer
middot The late fee for delay in furnishing of FORMGSTR-3BandFORMGSTR1 has been capped as below for tax
periods June 2021 QE June 2021 onward
middot Fortaxpayershavingniltaxliability in GSTR-3B or nil outward supplies in GSTR-1 the late fee has been
capped at Rs500perreturn
middot Forothertaxpayers
a) For taxpayers having Annual Aggregate Turnover (AATO) in preceding year upto Rs 15 crore late fee has
been capped to a maximum of Rs2000perreturn
b) For taxpayers having AATO in preceding year between Rs 15 crore to Rs 5 crore late fee has been capped to a
maximum of Rs5000perretrun
c) For taxpayers having AATO in preceding year above Rs 5 crores late fee has been capped to a maximum of Rs
10000perreturn
middot The late fee for delay in furnishing of FORM GSTR-4 by composition taxpayers has been capped to Rs 500 per
return if tax liability is nil in the return and Rs 2000 per return for others from FY 2021-22 onward
middot Late fee payable for delayed furnishing of FORM GSTR-7 has been reduced to Rs50- per day and has been
capped to a maximum of Rs 2000- per return for returns from the month of June 2021 onward
4Retrospectiveamendmentofsection50toprovideinterestpaymentonnetcashbasis
middot Section 112 of the Finance Act 2021 relating to retrospective amendment in section 50 of the CGST Act has been
brought into force from 01062021
middot Accordingly retrospective amendmenthas been made in Section 50of CGST Act 2017 with effect from
01072017 to provide for payment of interest on the delayed payment of tax on netcashbasis
middot This will facilitate the taxpayers and help in removing ambiguity and disputes regarding payment of interest on
gross tax basis or net cash basis
5COVIDReliefMeasuresinGSTth st st
Government has issued various notiications on 27 April 2021 1 May 2021 and 1 June 2021 providing a number of
relief measures for taxpayers in GST
sect ReductioninrateofinterestConcessional rates of interest in lieu of the normal rate of interest of 18 per
annum for delayed tax payments have been provided for the months of March April and May 2021
sect Waiverof late fee Late fee waived for speciied number of days in respect of returns in FORMGSTR-3B
furnished beyond the due date for tax periods March April and May 2021 due in the April May and June 2021
respectively
sect ExtensionofduedateofilingGSTR-1IFFGSTR-4andITC-04
sect Due date of iling FORMGSTR-1 and IFF for the month of April 2021 and May 2021 has been extended by 15
days
sect Due date of iling FORMGSTR-4 for FY 2020-21 has been extended from 30th April 2021 to 31st July 2021
sect Due date of furnishing FORMITC-04 for Jan-March 2021 quarter has been extended from 25th April 2021 to
30th June 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 64
sect Extensioninstatutorytimelimitsundersection168AoftheCGSTAct Time limit for completion of various
actions by any authority or by any person under the GST Act which falls during the period from 15th April 2021 to
th th29 June 2021 has been extended upto 30 June 2021 subject to some exceptions as speciied in the notiication
sect Otherrelaxations
bull RelaxationinaailmentofITC Rule 36(4) ie 105 cap on availment of ITC in FORMGSTR-3B to be applicable
on cumulativebasisfor period AprilMayandJune2021to be applied in the return for tax period June 2021
Otherwise rule 36(4) is applicable for each tax period
bull The iling of GSTR-3B and GSTR-1IFF by companiesusing electronic veriication code (EVC) instead of Digital
Signature Certiicate (DSC) has been enabled for the period from the 27042021to31082021
6Refundrelatedmeasures
bullFacilityforwithdrawaloftherefundclaims
bull A new form RFD-01W has been provided for iling application of withdrawal of a refund claim by
amendment in Rule 90 of CGST Rules
bull It will help the taxpayers who have iled the refund application by mistake or for wrong period or have
made any mistake omission in the refund claim to withdraw the refund application rather than to ile
appeal once the refund claim is rejected
bullExclusionoftimetakenforissuanceofdeiciencymemoforcalculatinglimitationperiodforilingafresh
refundapplicationafterremovingdeiciencies
bull Rule 90 of CGST Rules amended to exclude the time taken by tax oficer in issuing deiciency memo in
FORM RFD-03 for purpose of calculating time for iling fresh refund claim after removal of deiciencies
bull This will help taxpayers in iling such fresh refund claims after removing deiciencies without getting
time barred due to time taken for issuance of deiciencies by the tax oficers
7RelaxationsinprovisionsofblockingofE-waybills
bull Rule 138E of CGST Rules 2017 amended to provide for restriction on generation of e-way bill only in respect of
outwardmovementof goods of a registered person who has defaulted in furnishing returns for 2 months or 2
consecutive tax periods
bull Prior to this amendment the supplier was not able to generate e-way bill for supply of goods to the defaulting
recipient though there may not have been any default on the part of the supplier himself
bull Withthisamendmentissuanceofe-waybillbythecompliantsupplierwillnotbeblockedin respect of
supply made to recipient including a recipient who has defaulted in furnishing two consecutive returns This
wouldensurethatbusinessofcompliantsuppliersarenotadverselyaffected
ARTICLE
ICSI-NIRC Newsletter I July 2021 65
8FacilitiesonPortalforeasingtheprocessofilingofreturns
bull Auto-draftedstaticinputtaxcreditstatementinFORMGSTR-2B
bull This facility has been made available on the portal for monthly tax payers since August 2020
bull This facilitates the taxpayers in determining and self-assessing their available input tax credit and thus
substantially reducing time taken to ile their returns
bull Auto-populationofGSTR-3Breturn
bull GSTR-3B returns are being auto-populated since December 2020 for monthly return ilers from the
details given by the taxpayers in their FORM GSTR-1 and from the details given by their suppliers in their
FORM GSTR-1
bull An editing facility is also provided to the taxpayers enabling them to make the corrections
amendments in the auto-populated return if required
bull ThesefacilitieshasnowbeenmadeavailablefortaxpayersunderQRMPschemealso
9MeasuresrelatedtoE-Invoicing
bull E-invoicing facility has been introduced for B2B supplies wef 01102020 for the taxpayers having annual
aggregate turnover of Rs 500 crores or more in any of the preceding inancial years
bull The threshold limit for generating e-invoice has been brought down to Rs 100 crores wef 01012021 and to Rs
50 crores wef 01042021
bull FORM GSTR-1 of the taxpayer is being auto-populated on the portal from e-invoice data Besides Part-A of e-way
bill is also auto-populated from the e-invoice data This helps in reducing time and cost for iling of GSTR-01 and
for generation of e-way bills
Introduction
As the world has become a global village and technology is playing the role of disrupter the corporates governments
and regulators constantly need to embrace changes thrown by these disruptions to ensure that aspirations of all
stakeholders are realized for growth and sustenance
It is an undisputed fact that pace of technology is very fast and one technological development annexes another one or
overshadows the same in certain cases But disruptions take place certainly and these disruptions bring their own sets
of opportunities and challenges
Emergingtechlandscapes
The recent buzzwords of technology are Machine Learning (ML) Artiicial Intelligence (AI) Internet of the Things (IoT)
and Automation They lessen human intervention enhance transparency and provide data analytics of highest accuracy
and eficiency for fostering eficient decisions making The regulatory domain does not remain untouched from these
technological revolutions Several compliance processes have become automat able audit activities are becoming more
technology oriented data extraction is on real-time basis and high-quality information is available for overall good
Impactoftechnologyoncompliance
So for the profession of company secretaryship the important point is ldquowhat is impact of technologyrdquo on compliance
domain Paradigm shifts are evolving as the transformations take place Areas such as automation of board processes
audits trails process and operational eficiency quality and economy have newer dimensions due to reshape of
technology At the same time new opportunities and challenges are emerging Let us examine them briely
Opportunities
Compliance and tech learning Traditional modes of compliances are undergoing drastic changes and new tools and
apps are playing havoc It is required that a Company Secretary whether in practice or employment should be tech-savvy
though being tech-savvy does not mean to become technology expert Generic knowledge and usage of applications and
functions will sufice and there is no need to acquire hardcore programming and development knowledge
Basic understanding and usage of technological aspects involved in compliance work will help company secretaries
validate compliance tasks with reinforced transparency and eficiency Technology helps in tracking the trails be they
compliance trail audit trail or any other important business function
ARTICLE
ICSI-NIRC Newsletter I July 2021 66
Technology inCompliance
The Game ChangerCS Ajay Kumar Sharma ACS
csajaysharmayahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
More importantly Governments are becoming very strict about trails and they are instructing technology solution
providers to architect systems in such a way so that complete track of transactions right from its origination till its
relection in ultimate system including all edits is possible
An understanding of compatibility between business requirements and technology solutions will open plethora of
opportunities for Company Secretaries
The bar is already rising From computer literacy it is now tech literacy The ICSI has a major role to play for this initiative
taking into consideration requirements and growth of all stakeholders
Challenges
Prevention of frauds Though technology is providing sophisticated business solutions cases of frauds with the
involvement of technology are on the rise As the impact of transactions may be over several geographies there may be
penalties and prosecutions from multiple regulators Section 447 of the Companies Act 2013 is extremely tough on
corporate frauds Deeper penetration of technology in business systems along with tough regulatory requirements
makes it imperative on the part of compliance oficers to take extra precautions International compliances such
Sarbanes Oxley Act 2002 put additional responsibilities for US companies working across several jurisdictions
The irst mantra of compliance eficiency is Evaluate document and do it right irst time
Conclusion
To sum up technology being the game changer this is going to be the era of ldquolearn unlearn and re-learnrdquo to cope with
technological disruption Exposure to different facets of compliance in technological environment will result in positive
enrichment of all stakeholders Let global society be the biggest winner
ARTICLE
ICSI-NIRC Newsletter I July 2021 67
JourneyofGSTinIndia
We can say that introduction of GST is a roller coaster ride The GST journey began in the year 2000 when a committee
was set up to draft law The PM Atal Bihari Vajpayee formed an Empowered Committee (EC) to create a structure for GST
based on their experience in designing State VAT
In 2004 A task force concludes GST must be implemented to improve current tax structure
In 2006 Finance Minister proposes GST introduction from April 1 2010 In 2007 CST phased out and rates reduced
from 4 to 3
In 2008 The inance minister conirmed that considerable progress was being made in the preparation of the roadmap
for GST The targeted timeline for the implementation was conirmed to be 1 April 2010 EC inalises dual GST structure
to have separate levy legislation
In 2010 Project to computerise commercial taxes launched but following this the implementation of GST was pushed
by one year
In 2011 Govt put forth the Constitution Amendment Bill for the introduction of GST
In 2012 The Standing Committee starts discussion over the bill but the opposition party raise concern over the clause
279B that offers additional powers to the Centre over the GST dispute authority
In 2013 Standing Committee tables its reports on GST The panel approves the regulation with few amendments to the
provisions for the tax structure and the mechanism of resolution
In 2014 The inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in the parliament
In 2015 The GST Bill passed in Lok Sabha but not in Rajya Sabha
In 2016 The Finance Ministry published the draft model law to public for their opinions and views Also amended
Model GST law passed in Rajya Sabha also
In 2017 Four Supplementary Bills passed in Lok Sabha and approved in Parliament and by President
1 Central CST Bill
2 Integrated GST Bill
3 Union Territory GST Bill
4 GST (Compensation to States) Bill
GST Council inalizes the GST Rates and GST Rules and inally GST law came into force from 1 July 2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 68
GST - One Countryone market one tax
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Meenakshi ACS
agarwalmeenakshi75gmailcom
IntroductionofGST
GST (Goods and Services Tax) is a destination based tax on consumption of goods and services It is a destination based
Tax and proposed to be levied at all stages right from manufacture up to inal consumption with credit of taxes ie ITC
(Input Tax Credit) paid at previous stages available as setoff GST has a dual aspect with the Centre and States
simultaneously levying on a common tax base
There are three main components of GST which are
1 CGST (Central GST) Taxes collected under CGST will constitute the revenues of the Central Government
2 SGST (State GST) A collection of SGST is the revenue of the State Government
3 IGST (Integrated GST) Revenue collected under IGST is divided between Central and State Government as per the
rates speciied by the Government IGST is charged on transfer of goods and services from one state to another Import of
goods and services are also covered under IGST
Image showing subsumed of various Central and State Taxes into GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 69
Beneits of GST Registration in Business
One of the most important beneit of the move is the mitigation of double taxation or the elimination of the cascading
effect of taxation
1MitigatingCascadingeffectofTax By subsuming most of the Central and State taxes into a single tax and
by allowing a set-off of prior-stage taxes for the transactions across the entire value chain it would mitigate
the ill effects of cascading improve competitiveness and improve liquidity of the businesses
ARTICLE
ICSI-NIRC Newsletter I July 2021 70
2TechnologydrivenTax GST is largely technology driven It will reduce the human interface to a great extent and this
would lead to speedy decisions
3 FindBuoyancy inGovernmentRevenue GST is expected to bring buoyancy to the Government Revenue by
widening the tax base and improving the taxpayer compliance The reform is also expected to improve the countrys
ranking so far as the Ease of Doing Business Index is concerned It is also estimated to enhance GDP growth by 15 to
2
4LesserCompliancesandeasytofollow It simpliied the Indirect tax regime After introduction of GST all tax payer
services such as registrations returns payments etc would be available to the taxpayers onlinewhich would make
compliance easy and transparent
5UniformityofTaxRatesandTaxationprocess all tax payer services such as registrations returns payments etc
would be available to the taxpayers online which would make compliance easy and transparent
6HigherrevenuegenerationThe possibility of tax evasion is minimised completely with GST coming into action
Also GST is expected to decrease the cost of collection of tax revenues of the Governmentand will therefore lead to
Higher revenue eficiency
GSTRegistration
Under GST regime Businesses whose turnover exceeds the threshold limit (Table given below) require to register
under GST It becomes mandatory for some businesses to register mandatorily as heavy penalties will attract if business
is carry on without GST registration
GSTRegThresholdLimit
th On 10 January 2019 In 32 GST Council Meeting changes in limits of GST registration was proposed which was further
approved by CBIC and new threshold limit of GST Registration come into existence which helps to ease compliance
under GST An option was provided to States to opt for the new limits or continue the earlier ones Here is the table
showing earlier threshold limits new limits and the effective date of applicability-
AggregateTurnover RegistrationRequired Applicability
Earlier limits- For Goods amp Services
Exceeding Rs 20 Lakh Yes ndash For Normal Category States Up to March 31 2019
Exceeding Rs 10 Lakh Yes ndash For Special Category States Up to March 31 2019
New Limits- For Goods
Exceeding Rs 40 Lakh Yes ndash For Normal Category States From April 1 2019
Exceeding Rs 20 Lakh Yes ndash For Special Category States From April 1 2019
New Limits- For providing Services ndash No Change- same as earlier
ARTICLE
ICSI-NIRC Newsletter I July 2021 71
PersonsliableforGSTRegistration
ChecklistofdocumentsrequiredforGSTregistration
1 PAN of the applicant
2 Copy of Aadhaar card
3 Proof of business registration or incorporation certiicate
4 Identity of address proof of promotersdirectors with photographs
5 Bank account statement cancelled cheque showing name address and a few transactions
6 Digital Signature of authorised signatory
7 Authorisation letter or Board resolution for authorised signatory
ARTICLE
ICSI-NIRC Newsletter I July 2021 72
GSTRegistrationAadhaarVeriication
Notiication issued by CBIC (Central Board of Indirect Tax and Customs) on March 23 2020 for GST Aadhaar
authentication from April 1 2020 For ease of doing business GST registration with Aadhaar veriication required by
thnew taxpayers ndash GST Council approved in its 39 meeting All Indian citizens can take this facility except tax deductors
retrieval services and tax collectors Govt dept PSUs Local authority and statutory authority also excluded from
Aadhaar authentication Due to pandemic physical veriication is risky So its easy to get online GST Aadhaar
veriication
ProcessofGSTregistrationAadhaarveriication
Applicant need to submit Aadhaar number along with application for registration under GST and then e -verify the same
on GST Portal using authentication link which is sent to Mobile Number and E-mail ID linked to Aadhaar Enter the OTP
sent on mobile number and email id and get e- validated
In conclusion GST has been a revolutionary tax system for India Most noteworthy many experts hail it as one of the
biggest tax reforms GST certainly is beneicial for the entire population of India
ARTICLE
ICSI-NIRC Newsletter I July 2021 73
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Dhiraj Kheriwal ACS
dhirajkheriwal5gmailcom
Indias Economy -Challenges
after Covid-19
COVID-19 pandemic is a signiicant shock to economies all around the world Even the major economies like the USA
have been badly mauled with unemployment rising and a cut in economic growth The Pandemic has caused a shock for
the Indian economy as well Consumption manufacturing exports capital lows the legs on which the Indian economy
had been growing have all been impacted adversely
India came out of lockdown about 2 months back with restrictions still in many parts of the country There is no magic
quick ix or shortcut to stimulate and restart demand in an economy which is the most important key to economic
revival next to vaccine becoming available This will take time patience and continuous effort Amidst this uncertainty
what will be key to revival is how people come out of their homes how people restart their lives how will it impact
demand organically and availability of capital when businesses are ready to kick start production to service demand
Potentialgrowthhasslowed-
Indias potential growth may have slowed down by over one percentage point due to the longer-than-expected
disruption caused by COVID-19 and a modest policy response so far UBS Securities said in a report
ldquoWe estimate Indias potential growth to have slowed to 6 (from 71 YoY estimated in 2017) due to longer-than-
expected disruption caused by the pandemic balance-sheet concerns faced by economic agents (especially the inancial
sector and households)rdquo ldquoThis implies dificult economic challenges for many years to comerdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 74
It said the biggest challenge before India would be its ability to create ample employment opportunities for the rising
working-age population
ldquoWe believe India needs to grow by at least 8 YoY annually just to absorb incremental labour force with a focus on
mobilisation of resources towards manufacturing and exportsrdquo
Climatechange-
Climate change threatens Indias attempts to improve its citizens standard of living More than 600 million Indians face
a cute water shortages Bangalore and New Delhi are two of the 21 cities that could deplete their groundwater in 2020 In
July 2019 the city of Chennai ran out of groundwater Over 200000 people die from contaminated water By 2030 40
of the population will have no access to drinking water
Most of Indias rainwater falls during the four-month monsoon season It isnt captured eficiently Climate change will
increase looding from these monsoons
IncreaseinEmployment
ARTICLE
ICSI-NIRC Newsletter I July 2021 75
The depth of the slowdown in the current inancial year means that a rebound is inevitable but unemployment could
hamper the recovery process The issue of migrant workers will have an impact on the economic growth and availability
of quality workers in the post-COVID-19 world will be a challenge
India should be wary of the challenges in smooth recovery in labour markets While GDP in India was growing
employment remained stagnant and if this trend continues its another problem Without a boost in employment
households incomes will be under strain consumer sentiments will be low and the economic recovery will be sluggish
Predominanceofagriculture-
Less developed countries live mainly upon agriculture and extractive industries like mining isheries and forests
Predominance of agriculture is explained from the viewpoint of sectoral composition of national income and
occupational pattern
In India in 1950- 51 more than 55 pc of our GDP came from the agricultural sector or the so- called primary sector In
2007-08 however the contribution of this sector toward GDP came down to194 pc
Theightwillbeaboutincreasingeconomicactivity-
With the lockdown the economic activity came to a grinding halt in India from the end of March Domestic consumption
almost wiped out Pay cuts and layoffs combined with fear of spread led to lack of shopping and completely eroded
demand
While the non-discretionary spending on groceries and other essential items remained largely unscathed during the
lockdown the revival in consumption will be driven by discretionary as well as non-discretionary spending Despite the
Indian governments decision to remove most the demand scenario is expected to remain weak for most of the current
inancial year But it could make a comeback next year
And as the uncertainty surrounding income and jobs reduces economists believe that some people will be able to raise
their discretionary spending on non-essential goods during festive season and thereafter lowing into 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 76
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Abhishek Goyal FCS
abhishekcsajmergmailcom
TREATMENT OF GST ONRESTAURANT BUSINESS
Implications of GST on restaurant business makes an interesting study and is important from the point of view of GST
consulting and practicing service to be rendered by practicing Company Secretaries as GST provides a promising
practicing and consulting platform for Company Secretaries
Let us now discuss these implications in the form of questions and answers which would enable the reader to get an easy
understanding of the provisions of GST in this regard
Q1 Please explain place of supply provisions in case of restaurant business and its importance for such business
Ans As per sub section (4) of Section 12 of the IGST Act place of supply in case of restaurant business is determined on
performance basis In other words place of supply (POS) in case of restaurant service is considered on performance
basis Accordingly POS in case of restaurants shall be the place where such service was actually performed which is
usually the place where such restaurant is situated
POS is important for both goods and services as the taxable event in GST is supply of goods and services
Q2 Whether restaurant owners can avail composition scheme under GST
Ans Yes composition scheme is open to restaurant business owners
Q3 What is the effective rate of GST on restaurant business under composition scheme
Ans It is 5 subject to maximum turnover of Rs 15 crores
Q4 We are running a food joint located in a standalone building with takeaway as well as sitting facilities to our
customers We are registered under GST normal scheme Can we take beneit of ITC on purchases made by us in relation
to our outward services
Ans A restaurant or a food joint or an eatery located in a standalone building ie not being located inside any hotel inn
guest house or club is not eligible for availing ITC even if purchases made by it were in the course of and in furtherance of
its business Such restaurants shall charge GST 5 on their services without ITC
Q5 We are running a standalone restaurant We have purchased an oven and a chimney for the purpose of our
restaurant Can we avail ITC on it
Ans As already stated in answer to question no 3 no ITC is available to a standalone restaurant even if goods or services
are availed in the course of or in furtherance of business
Q6 Would your answer be different if we are located in a hotel
Ans If a restaurant is located inside a hotel inn guest house lodge or a club where room rent per day exceeds Rs 7500-
the restaurant can avail ITC however GST rate in that case will be 18 In other words such a restaurant will have to
charge GST at 18 which in the case mentioned in reply to question no 1 is 5
ARTICLE
ICSI-NIRC Newsletter I July 2021 77
Q7 Is there any difference in GST rate for AC and Non AC restaurants
Ans The different GST rates prescribed for AC and non AC restaurants have been done away with All restaurants
whether AC or non AC are subject to GST rate of 5 without ITC or 18 with ITC depending upon whether restaurant is
located in a standalone building or inside an hotel inn guest house club etc where room rent per day is above Rs 7500-
Q8 We are engaged in outdoor catering services what are the GST implications for us
Ans For outdoor catering services as of now the GST rate is 18 with ITC
Q9 A restaurant is located inside a three star hotel with room rent of more than Rs 7500- per day The restaurant is also
offering some sweets which may be ordered as a takeawayparcel or may be consumed on a table in the restaurant itself
What are the GST implications on both situations
Ans Sweets attract 5 GST so take away from the counter will attract 5 GST only Whereas if sweets are consumed on a
table in the restaurant itself then it will attract GST at 18 since restaurant is located inside a hotel with room tariff of Rs
7500- and above
Q10 We are a moving restaurant and are providing over the counter take away and parcel services to our customers
What is the GST rate to be charged
Ans In this case GST to be charged is 5 without ITC
Q11 We are running a school We have an in house canteen for the beneit of our staff and students What are the GST
implications on us in the two situations
(i) if we supply food and beverages to our staff and students ourselves
(ii) if we engaged a contractor for running the canteen and to provide food and beverages to our staff and students
Ans In the situation (i) GST is exempt
In situation (ii) GST to be charged is 5 In this case the contractor is liable to charge GST at 5
ARTICLE
ICSI-NIRC Newsletter I July 782021
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shubham Budhiraja ACS
shubhambudhiraja02gmailcom
PROVISIONAL ATTACHMENTUNDER GST amp DOCTRINE OF
PROPORTIONALITYThe GST Fraud case initiated against GM Power-tech for issuances of fake invoices to various companies including MS
Radha Krishnan (Appellant) The joint commissioner thereafter in exercise of its delegate powers issued Notice under
Section 83 for provisional attachment of bank account of appellant which was challenged by appellant before HC in Writ
petition which was dismissed due to availability of alternative remedy in GST Act The Supreme Court held that exercise
of power by Joint Commissioner under Section 83 provisional attachment was in violation to provisions of law and
against principles of Order 38 Rule 5 and without application of mind and thus Writ was maintainable Hence HC
committed error in law in refusing the Writ
(i) Whetherwritpetitionmaintainableagainstorderofprovisionalattachmentundergstact
yesiforderiswithoutapplicationofmindoragainstprincipleofnaturaljusticeorwithoutjurisdiction
(ii)Whetherorderofprovisionalattachmentcanbeusedtogetspeedyrecoveryofstaterevenueundergst
act
Noprovisionalattachmentisbasedonproportionalitydoctrine
WritPetitionunderArticle226ampExceptionToRuleOfAlternateRemedy
(I) AssistantCommissioner (CT)LTUKakinadaandothersvGlaxoSmithKlineConsumerHealthCare
LimitedAIR2020SC2819 There are certain exceptions to the ldquorule of alternate remedyrdquo include where
- The statutory authority has not acted in accordance with the provisions of the law or
- acted in deiance of the fundamental principles of judicial procedure or
- has resorted to invoke provisions which are repealed or
- Where an order has been passed in violation of the principles of natural justice
(II)WhirlpoolCorporationvRegistrarofTrademarksMumbai(1998)8SCC1 R u l e o f a l t e r n a t i v e
remedy not to operate as a bar in at least three contingencies namely where the writ petition has been iled for
the
- Enforcement of any of the Fundamental Rights or
- There has been a violation of the principle of natural justice or
- Order or proceedings are wholly without jurisdiction or
- The vires of an Act is challenged
Analysis
(I) The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of
fundamental rights but for any other purpose as well
(II) The High Court has the discretion not to entertain a writ petition One of the restrictions placed on the power of
the High Court is where an effective alternate remedy is available to the aggrieved person
(III) Exceptions to the rule of alternate remedy arise where
ARTICLE
ICSI-NIRC Newsletter I July 2021 79
(a) the writ petition has been iled for the enforcement of a fundamental right protected by Part III of the
Constitution
(b) there has been a violation of the principles of natural justice
(c) order or proceedings are wholly without jurisdiction
(d) the vires of a legislation is challenged
(IV) An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the
Constitution in an appropriate case though ordinarily a writ petition should not be entertained when an
eficacious alternate remedy is provided by law
(V) When a right is created by a statute which itself prescribes the remedy or procedure for enforcing the right
or liability resort must be had to that particular statutory remedy before invoking the discretionary remedy
under Article 226 of the Constitution This rule of exhaustion of statutory remedies is a rule of policy
convenience and discretion and
(VI) In cases where there are disputed questions of fact the High Court may decide to decline jurisdiction in a
writ petition However if the High Court is objectively of the view that the nature of the controversy requires
the exercise of its writ jurisdiction such a view would not readily be interfered with
AttachmentbeforeJudgmentampProvisionalAttachment
(I) RamanTechProcessEnggCoandAnrvSolankiTraders2008(1)RCR(Civil)195
(A) The power under Order 38 Rule 5 Civil Procedure Code is a drastic and extraordinary power Such
power should not be exercised mechanically or merely for the asking It should be used sparingly and
strictly in accordance with the Rule The purpose of Order 38 Rule 5 not to convert an unsecured debt
into a secured debt Any attempt by a plaintiff to utilize the provisions of Order 38 Rule 5 as a leverage for
coercing the defendant to settle the suit claim should be discouraged
(II)ValeriusIndustriesvUnionofIndia2019(30)GSTL15(Gujarat)
(A) The power under Section 83 of the Act for provisional attachment should be exercised only if there is
suficient material on record to justify the satisfaction that the assessee is about to dispose of wholly or
any part of hisher property with a view to thwarting the ultimate collection of demand and in order to
achieve the said objective the attachment should be of the properties and to that extent it is required to
achieve this objective
(B) The power under Section 83 of the Act should neither be used as a tool to harass the assessee nor should
it be used in a manner which may have an irreversible detrimental effect on the business of the assessee
(C) The attachment of bank account and trading assets should be resorted to only as a last resort or measure
The provisional attachment under Section 83 of the Act should not be equated with the attachment in
the course of the recovery proceedings
(III)JaiAmbeyFilamentPvtLtdvUnionofIndia2021(44)GSTL41(Gujarat)
(A) Subjective satisfaction as to the need for provisional attachment must be based on credible information
that the attachment is necessary
(B) The opinion cannot be formed based on ldquoimaginary grounds wishful thinking howsoever laudable that
may berdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 80
(IV)PatranSteelRollingMillvAssistantCommissionerofStateTaxUnit22019(20)GSTL732(Gujarat)
(A) Two instances in which provisional attachment would be apposite these being where the
- assessee is a ly by night operator and
- If the assessee will not be able to pay its dues after assessment
(V) ProexFashionPrivateLimitedvGovernmentofIndiaWP(C)11245of2020dated6January2021
Conditions for the invocation of Section 83 of the SGST Act
I Order should be passed by Commissioner
II Proceeding under Section 62 or 63 or 64 or 67 or 73 or 74 should be pending
III Commissioner must form an opinion
IV Order should be passed to protect interest of revenue
V It must be necessary to attach property
(VI)UFVIndiaGlobalEducationvUnionofIndia2020(43)GSTL472
Pendency of proceedings under the sections mentioned in Section 83 viz Sections 62 or 63 or 64 or 67 or 73
or 74 is the sine qua non for an order of provisional attachment to be issued under Section 83
(VII)KaishImpexPrivateLimitedvUnionofIndia(2020)6AIRBomR122
(A) Taxable account of the taxable person can be attached against whom the proceedings under the sections
are initiated Section 83 does not provide for an automatic extension to any other taxable person from an
inquiry speciically launched against a taxable person under these provisions
(B) The format of the order ie the form GST DRC-22 also speciies the particulars of a registered taxable
person and which proceedings have been launched against the aforesaid taxable person indicating a nexus
between the proceedings to be initiated against a taxable person and provisional attachment of bank
account of such taxable person
(V)VishwanathRealtorvStateofGujaratSpecialCivilNo7210of2015decidedon29April2015
(A) Satisfaction must be on some tangible material on objective facts with the Commissioner In a given case on
the basis of the past conduct of the dealer and on the basis of some reliable information that the dealer is
likely to defeat the claim of the Revenue in case any order is passed against the dealer under the VAT Act
andor the dealer is likely to sale his properties andor sale andor dispose of the properties and in case
after the conclusion of the assessmentreassessment proceedings if there is any tax liability the Revenue
may not be in a position to recover the amount thereafter in such a case only however on formation of
subjective satisfactionopinion the Commissioner may exercise the powers under Section 45 of the VAT
Act
ARTICLE
ICSI-NIRC Newsletter I July 2021 81
SECTION83ampITSCONDITIONS
(i) The power to order a provisional attachment is entrusted during the pendency of proceedings under any one of
six speciied provisions Sections 62 63 64 67 73 or 74 In other words it is when a proceeding under any of
these provisions is pending that a provisional attachment can be ordered
(ii) The power to order a provisional attachment has been vested by the legislature in the Commissioner
(iii) Before exercising the power the Commissioner must be ldquoof the opinion that forthepurpose of protecting the
interest of the government revenue it is necessarysotodordquo
(iv) The order for attachment must be in writing
(v) The provisional attachment which is contemplated is of any property including a bank account belonging to the
taxable person and
A provisional attachment under Section 83 is contemplated during the pendency of certain proceedings meaning
thereby that a inal demand or liability is yet to be crystallized An anticipatory attachment of this nature must
strictly conform to the requirements both substantive and procedural embodied in the statute and the rules The
exercise of unguided discretion cannot be permissible because it will leave citizens and their legitimate business
activities to the peril of arbitrary power Each of these ingredients must be strictly applied before a provisional
attachment on the property of an assesses can be levied The Commissioner must be alive to the fact that such
provisions are not intended to authorize Commissioners to make preemptive strikes on the property of the assessee
merely because property is available for being attached There must be a valid formation of the opinion that a
provisional attachment is necessary for the purpose of protecting the interest of the government revenue
PROPORTIONALITYampSECTION83
The expressions in Section 83 give regard to both the purpose and necessity of provisional attachment implicate the
doctrine of proportionality Proportionality mandates the existence of a proximate or live link between the need for the
attachment and the purpose which it is intended to secure It also postulates the maintenance of a proportion between
the nature and extent of the attachment and the purpose which is sought to be served by ordering it
Moreover the words embodied in Section 83(1) would leave no manner of doubt that while ordering a provisional
attachment the Commissioner must in the formation of the opinion act on the basis of tangible material on the basis of
which the formation of opinion is based in regard to the existence of the statutory requirement
CONCLUSION
(I) Order 38 Rule 5 CPC provides for provision of Attachment before Judgment
(II) Section 83 of CGST Act 2017 are on same principle provides for Provisional attachment of any property of
assesse by commissioner for protecting interest of Govt Revenue
(III) Section 83 is based on Proportionality doctrine ndash ldquo for the purpose of necessity to do sordquo
(IV) Provisional attachment is based on test of Tangible Material
(V) Under the provisions of Rule 159(5) the person whose property is attached is entitled to dual procedural
safeguards
ARTICLE
ICSI-NIRC Newsletter I July 2021 82
(a) An entitlement to submit objections on the ground that the property was or is not liable to attachment
and
(b) An opportunity of being heard
(VI) The Opinion to passes order for Provisional attachment has to be on basis of material on record and based
on proportionality doctrine
(VII) Mere for expediency in revenue recover is not a ground for which provisional attachment to be passed
(VIII) Provisional attachment is draconian in nature
(IX) Section 83 does not provide for an automatic extension to any other taxable person from an inquiry
speciically launched against a taxable person under these provisions
(X) Since power to provisional attachment is delegated to Joint commissioner under Section 5(3) hence there is
no appeal available to Appellate authority under Section 107(1) because joint commissioner is not
performing functions of commissioner but of delegate Hence Writ petition was maintainable
(XI) Even where alternative remedy is available writ can be maintainable where
(a) Matter involved is of Fundamental rights
(b) Matter involved is of Natural Justice non-application of mind
(c) Matter involved absence of jurisdiction excess of jurisdiction
chapters of nirc of icsibull Agra
bull Ajmer
bull Alwar
bull Amritsar
bull Bareilly
bull Bhilwara
bull Bikaner
bull Chandigarh
bull Dehradun
bull Faridabad
bull Ghaziabad
bull Gorakhpur
bull Gurugram
bull Jaipur
bull Jalandhar
bull Jammu
bull Jodhpur
bull Kanpur
bull Karnal
bull Kota
bull Luchnow
bull Ludhiana
bull Meerut
bull Modinagar
bull Noida
bull Panipat
bull Patiala
bull Prayagraj
bull Shimla
bull Srinagar
bull Udaipur
bull Varanasi
ARTICLE
ICSI-NIRC Newsletter I July 2021 83
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shikha Saxena ACS
shikhasaxena214gmailcom
Goods andService Tax
Introduction GST was introduced to replace multiple indirect taxes levied by State and Central Government GST is
Single domestic indirect tax law for the entire country So it is an indirect tax which replaced many indirect taxes in India
such as excise duty VAT Service tax etc
Features
1 Destination Based Tax
2 Multi stage
DestinationBasedTax
It means tax will be levied at the place where goods and services are consumed not at the origin So the state which
consume the goods and services will have right to collect GST
Example A good is manufactured in Rajasthan and sold in Gujrat then the Rajasthan Government will receive revenue
from taxing manufacturing and warehousing whereas Gujrat Government will receive the revenue of the inal sale
MultiStage
GST is levied on on value addition done on every stage
Example Once raw material has been bought value is added by manufacturer by means of making the raw material into
a product The warehousing is the next step where value is added which is then sold to retailers where the inal addition
of value is done At each step GST will be levied
DifferenceBetweenGSTandearlierTaxSystem
EarlierTaxSystem GST
Goods
Manufacture Sale Excise Duty VatSales Tax
In case of Service Service Tax levied
GoodsServices
Supply
GST
Central GST Integrated GST State GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 84
HowGSTisBeneicialascomparetoearliertaxstructure
1 Removing the cascading effect of Tax
2 Higher threshold for GST Registration
3 Composition Scheme for small business
4 Simpler online facilities for GST Compliance
5 Deined treatment for e-commerce activities
6 Regulating the unorganized sector
In simple terms it can be explained through example
EarlierSystem GSTSystem
Product sale from Rajasthan to Gujrat Price Rs 1000 Price Rs 1000
VAT 10 Rs 100 CGST 5 Rs 50
Total Cost Rs 1100 SGST 5 Rs 50
Total Cost Rs 1100
Product sale from Gujrat to Haryana Cost Price Rs 1100 Cost Price Rs 1100
Proit Rs 1000 Proit Rs 1000
Sell Price = Cost + Proit Sell Price = Cost + Proit
Sell Price Rs 2100 Sell Price Rs 2100
CST 10 Rs 210 IGST 10 Rs 110
Total Price Rs 2310 Total Price Rs 2210
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
In the end every time an individual is able to claims the input tax credit the sale price is reduced and the cost price for
the buyer is reduced because of lower tax liability The inal value of the product is therefore reduced from Rs2310 to Rs
2210 thus reducing the tax burden on the inal customer
BeforestudyinggointodeeperitisnecessarytounderstandthejourneyofGSTin
IndiaHistoryofGSTinIndia
ARTICLE
ICSI-NIRC Newsletter I July 2021 85
ComponentsofGST
CGST Central Goods and Service Tax
They are levied by the central government for intrastate movement of goods and services Intrastate means within one
state CGST revenues go to the central government
SGST State Goods and Services Tax
They are levied by the state government thats state indirect taxes It is the tax collected by the state government on an
intra-state sale
IGST Integrated Goods and Services Tax
It is a tax collected by the Central Government for an inter-state sale
Sale Within the State CGST + SGST Revenue will be shared equally between the centre and the State
Sale to another State IGST There will only be one type of tax (central) in case of inter state sale The centre
will then share the IGST revenue based on the destination of goods
Turnover(ForsaleofGoods)
Registration Effective
Exceeds Rs 20 Lakh Yes- For Normal Category States stEffective from 1 April 2019
Exceeds Rs 20 Lakh Yes- For Special Category States stEffective from 1 April 2019
ForProvidingServices
Persons providing services need to register if their aggregate turnover exceeds Rs 20 Lakh for normal category states
and Rs 10 Lakh for Special category states
Asperthenewamendmentanoptionwasgiventothestatestooptfornewlimitsor
continuetheearlierstatusquo
N o r m a l C a t e g o r y
StateUTforanewlimit
ofRs40Lakh
Kerala Chhattisgarh Jharkhand Delhi Bihar Maharashtra Andhra Pradesh Gujrat
Haryana Goa Punjab Uttar Pradesh Himachal Pradesh Karnataka Madhya Pradesh
Odisha Rajasthan Tamil Nadu West Bengal Lakshadweep Dadra and Nagar Haveli
Daman and Diu Andaman and Nicobar Island and Chandigarh
NormalCategorystatewhochoosestatusquo
Telangana
SpecialcategoryStateswhooptedfornewlimitofRs40Lakh
Jammu and Kashmir and Assam
SpecialCategoryStateswhooptedfornewlimitofRs20Lakh
Puducherry Meghalaya Mizoram Tripura Manipur Sikkim Nagaland Arunachal Pradesh Uttarakhand
ARTICLE
ICSI-NIRC Newsletter I July 2021 86
Section 24 of the Central Goods and Service Tax Act 2017 explains the Provisions of compulsory registration
Oslash The person engaged in the inter-state taxable supply of goods or services or both
Oslash A casual taxable person engaged in taxable supply
Oslash Persons liable to pay tax under reverse charge mechanism
Oslash A non-resident taxable person engaged in providing taxable supply
Oslash A person liable to pay tax under section 9 (5) of the Act
Oslash The person liable to deduct tax at source (TDS)
Oslash Input Service Distributor
Oslash E-commerce operator
Oslash Person supplying online information and database access or retrieval services from a place outside India to a
person in India other than a registered taxable person
SlabRates
There are around six slabs of rates as per latest council meeting of GST
Rates Particulars
5 Cream and yogurt paneer cashew nut raisins fruit and nuts and a few others Now for these products
25 goes to the state government and the rest 25 goes to the CGST Many household items are
covered in this section
12 Citrus fruits jams sausages 20l drinking water statues pots and jars geometry box cutlery railway
coaches printer ink wooden toys and more Here for every product 6 goes towards CGST and 6
goes towards SGST This section covers processed food to a great extent
18 Bindis chocolates fountain pens tripods soap toothpaste and industrial intermediate products are
therein this slab Here 9 goes towards SGST and 9 goes towards CGST The central goods and
services tax act 2017 has a full list of items
28 Cigarettes caffeinated beverages pan masala motor cars and motorcycles air conditioners
refrigerators etc Mainly luxury items are covered in this sector In this 14 goes towards SGST and
14 goes towards CGST
3 Coins gold silver platinum imitation jewellery etc are taxed at 3 Here 15 goes towards SGST
and 15 towards CGST
25 Precious stones are taxed at 025 where 0125 goes towards CGST and 0125 goes towards SGST
0 There are also some products that are taxed at 0 basically they are tax free
Mammals live swine live bovine mammals birds insects ish curd lassi buttermilk bananas
apples grapes human hair sanitary napkins among others
ARTICLE
ICSI-NIRC Newsletter I July 2021 87
The central GST Act 2017 has a full updated list of all items under all GST tax slabs
NewCompliancesUnderGST
E-WaysBills E-invoicing
M a n u f a c t u r e r s t r a d e r s a n d
transporters can generate e-way bills
for the goods transported from the
place of its origin to its destination on
a common portal with ease
Tax authorities are also beneited as
this system has reduced time at check
-posts and helps reduce tax evasion
It is applicable on whose turnover of more than Rs500 crore in any preceding
inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100
crore
These businesses must obtain a unique invoice reference number for every
business-to-business invoice by uploading on the GSTNs invoice registration
portal The portal veriies the correctness and genuineness of the invoice
Thereafter it authorises using the digital signature along with a QR code
e-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to
the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the
generation of e-way bills too
Penalty If a person commits any GST offenseSection 122 to 138 of the GST Act deines Offences and Penalties under
GST
They divide the offences into two categories
A Offences Attracting Fiscal Penalties
B Offences Attracting Prosecution
It is very dificult to wrap up the entire GST Act into one article but here is the brief of GST to understand it better and
work towards it For more details you can Study Central Goods and Services Act 2017 and also contact on the given mail
ID
ARTICLE
ICSI-NIRC Newsletter I July 2021 88
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS shashank kothiyal ACS
shashankkothiyal9gmailcom
GST A Boon forIndian Economy
Introduction
Whether it was uniformity of taxation and consequent free interior trade or possession of the jewel in the crown at the
root of prosperity of Britain is debatable nonetheless the words of father of modern economics on the beneits of
uniformity of system of taxation cannot be taken too lightly Before implementation of Goods and Service Tax (GST)
Indian taxation system was a farrago of central state and local area levies By subsuming more than a score of taxes
under GST road to a harmonized system of indirect tax has been paved making India an economic union
Genesis
Several countries have already established the Goods and Services Tax In Australia the system was introduced in 2000
to replace the Federal Wholesale Tax GST was implemented in New Zealand in 1986 A hidden Manufacturers Sales Tax
was replaced by GST in Canada in the year 1991 In Singapore GST was implemented in 1994 GST is a value-added tax in
Malaysia that came into effect in 2015
Introduction
ARTICLE
ICSI-NIRC Newsletter I July 2021 89
MonthYear JourneyofGST
2000 In India the idea of adopting GST was irst suggested by the Atal Bihari Vajpayee Government in 2000
The state inance ministers formed an Empowered Committee (EC) to create a structure for GST based
on their experience in designing State VAT Representatives from the Centre and states were requested
to examine various aspects of the GST proposal and create reports on the thresholds exemptions
taxation of inter-state supplies and taxation of services The committee was headed by Asim
Dasgupta the inance minister of West Bengal Dasgupta chaired the committee till 2011
2004 A task force that was headed by Vijay L Kelkar the advisor to the inance ministry indicated that the
existing tax structure had many issues that would be mitigated by the GST system
February2005
The inance minister P Chidambaram said that the medium-to-long term goal of the government was
to implement a uniform GST structure across the country covering the whole production-distribution
chain This was discussed in the budget session for the inancial year 2005-06
February2006
The inance minister set 1 April 2010 as the GST introduction date
November2006
Parthasarthy Shome the advisor to P Chidambaram mentioned that states will have to prepare and
make reforms for the upcoming GST regime
February2007
The 1 April 2010 deadline for GST implementation was retained in the union budget for 2007-08
February2008
At the union budget session for 2008-09 the inance minister conirmed that considerable progress
was being made in the preparation of the roadmap for GST The targeted timeline for the
implementation was conirmed to be 1 April 2010
July2009 Pranab Mukherjee the new inance minister of India announced the basic skeleton of the GST system
The 1 April 2010 deadline was being followed then as well
November2009
The EC that was headed by Asim Dasgupta put forth the First Discussion Paper (FDP) describing the
proposed GST regime The paper was expected to start a debate that would generate further inputs
from stakeholders
February2010
The government introduced the mission-mode project that laid the foundation for GST This project
with a budgetary outlay of Rs 1133 crore computerised commercial taxes in states Following this
the implementation of GST was pushed by one year
March2011 The government led by the Congress party puts forth the Constitution (115th Amendment) Bill for the
introduction of GST Following protest by the opposition party the Bill was sent to a standing
committee for a detailed examination
June2012 The standing committee starts discussion on the Bill Opposition parties raise concerns over the 279B
clause that offers additional powers to the Centre over the GST dispute authority
November2012
P Chidambaram and the inance ministers of states hold meetings and set the deadline for resolution
of issues as 31 December 2012
ARTICLE
ICSI-NIRC Newsletter I July 2021 90
February2013
The inance minister during the budget session announces that the government will provide Rs9000
crore as compensation to states He also appeals to the state inance ministers to work in association
with the government for the implementation of the indirect tax reform
August2013 The report created by the standing committee is submitted to the parliament The panel approves the
regulation with few amendments to the provisions for the tax structure and the mechanism of
resolution
October2013
The state of Gujarat opposes the Bill as it would have to bear a loss of Rs 14000 crore per annum
owing to the destination-based taxation rule
May2014 The Constitution Amendment Bill lapses This is the same year that Mr Narendra Modi was voted into
power at the Centre
December2014
Indias new inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in
the parliament The opposition demanded that the Bill be sent for discussion to the standing
committee
February2015
Mr Jaitley in his budget speech indicated that the government is looking to implement the GST system
by 1 April 2016
May2015 The Lok Sabha passes the Constitution Amendment Bill Jaitley also announced that petroleum would
be kept out of the ambit of GST for the time being
August2015 The Bill is not passed in the Rajya Sabha Jaitley mentions that the disruption had no speciic cause
March2016 Mr Jaitley says that he is in agreement with the Congresss demand for the GST rate not to be set above
18 But he is not inclined to ix the rate at 18 In the future if the Government in an unforeseen
emergency is required to raise the tax rate it would have to take the permission of the parliament So a
ixed rate of tax is ruled out
June2016 The Ministry of Finance releases the draft model law on GST to the public expecting suggestions and
views
August2016 The Congress-led opposition inally agrees to the Governments proposal on the four broad
amendments to the Bill The Bill was passed in the Rajya Sabha
September2016
The Honourable President of India gives his consent for the Constitution Amendment Bill to become
an Act
The GST Council also inalised on the GST rates and GST rules The Government declares that the GST Bill will be
applicable from1July2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 91
Pre-GSTIndirectTaxStructureinIndia
GSTLawfromaConstitutionalPerspective
A DeinitionofGST
ldquoGoods and services taxrdquo means any tax on supply of goods or services or both except taxes on the supply of the alcoholic
liquor for human consumption As per Article 366(12A)
GoodsandServicesTax(GST) is anindirecttax(orconsumptiontax) used in India on the supply of goods and
services It is a comprehensive multistage destination-based tax comprehensive because it has subsumed almost all
the indirect taxes except a few state taxes Multi-staged as it is the GST is imposed at every step in the production
process but is meant to be refunded to all parties in the various stages of production other than the inal consumer and
as a destination-based tax it is collected from point of consumption and not point of origin like previous taxes
B ConstitutionalAmendment
bull Bill passed by Rajya Sabha on 03082016 amp Lok Sabha on 08082016
bull Notiied as Constitution (101st Amendment ) Act 2016 on 08092016
bull Key Features
uuml Concurrent jurisdiction for levy amp collection of GST by the Centre amp the States ndash Article 246A
uuml Centre to levy amp collect IGST on supplies in the course of inter-State trade or commerce including imports ndash
Article 269A
uuml Compensation for loss of revenue to States for ive years on recommendation of GSTC ndash Clause 19
uuml GST on petroleum crude high speed diesel motor spirit (commonly known as petrol) natural gas amp aviation
turbine fuel to be levied from a later date on recommendations of GSTC
ARTICLE
ICSI-NIRC Newsletter I July 2021 92
BeneitsofGST-AdvantageandDisadvantage
Advantages Disadvantage
1 The most important beneit is the removal of cascading
effect ie removal of tax on tax
2 Starting from registration to iling returns and payment
of GST tax its an online procedure
3 Startups wont be running around tax ofices for various
registrations and procedures under excise service tax
and VAT
4 Higher threshold for registration
5 Composition scheme for small business The purpose is
to ease the burden of compliance which enables the
small businesses to focus more on business and less on
compliance
1 The GST structure has been marketed well to portray it
as a simple concept but in reality the understanding is
complicated and distortionary to fully exploit the
expected beneits
2 Multiple tax rates and many complexities will result into
tax disputes and lead to more corruption
3 High confusion regarding the product classiication and
multiple rates is a major concern
4 The food industry has criticized the levying of higher
rates on value-added manufactured goods and has
asked for a simpler regime
5 Items like (i) Alcohol (ii) Real Estate and (iii) Electricity
have been kept out of this regime defeating the purpose
of one tax
ComponentsofGST
GST would be levied on a common base by both the central and the state government simultaneously The dual GST can
be categorized into the following
middot CentralGST(CGST)- GST to be levied by the central government
middot StateGST(SGST)UnionTerritoryGST(UTGST)- GST to be levied by statesUnion Territories with legislature
IntegratedGST(IGST)- GST levied by central government on inter-state supply of goods and services to ensure that the
credit chain is not disrupted Apart from the applicable custom duties import of goods and services would be treated as
inter-state supplies and would therefore be subject to IGST
ARTICLE
ICSI-NIRC Newsletter I July 2021 93
GSTRates
At the time of GST implementation former Finance Minister the late Mr Arun Jaitley said that the government wanted to
keep the GST rates close to the original rates But there were differences in case of some items because of the changes in
the economy as well as customer preferences Some commodities were kept in the high tax bracket (18-28) but on
scrutinizing the list they found that these commodities should be considered as necessities and not luxuries This is why
the GST rates were revised for commodities such as notebooks exercise books
FewGSTRatesare
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central ExciseService tax
Revenue will be shared equally between the Centre and the State
Sale to another State IGST Central Sales Tax + ExciseService Tax
There will only be one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
TaxRate Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
CompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
uuml E-WayBills GST introduced a centralised system of waybills by the introduction of ldquoE-way billsrdquo This system was
launched on 1st April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of
goods in a staggered manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods
transported from the place of its origin to its destination on a common portal with ease Tax authorities are also
beneited as this system has reduced time at check -posts and helps reduce tax evasion
uuml E-invoicing The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual
aggregate turnover of more than Rs 500 crore in any preceding inancial years (from 2017-18) Further from 1st
January 2021 this system was extended to those with an annual aggregate turnover of more than Rs100 crore
These businesses must obtain a unique invoice reference number for every business-to-business invoice by
uploading on the GSTNs invoice registration portal The portal veriies the correctness and genuineness of the
invoice Thereafter it authorises using the digital signature along with a QR code
E-Invoicing allows interoperability of invoices and helps reduce data entry errors It is designed to pass the invoice
information directly from the IRP to the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way bills too
ARTICLE
ICSI-NIRC Newsletter I July 2021 94
GoodsampServicesTax(GST)Council
GST Council is a constitutional body for making recommendations to the Union and State Government on issues related
to Goods and Service Tax The GST Council is chaired by the Union Finance Minister and other members are the Union
State Minister of Revenue or Finance and Ministers in-charge of Finance or Taxation of all the States
The Union Cabinet in its meeting held on 12th September 2016 approved setting-up of GST Council and setting up its
Secretariat As per Article 279A of the amended Constitution the GST Council which will be a joint forum of the Centre
and the States shall consist of the following members -
i Chairperson ndash Union Finance Minister
ii Vice Chairperson - to be chosen amongst the Ministers of State Government
iii Members - MOS (Finance) and all Ministers of Finance Taxation of each State
uuml Quorum is 50 of total members
uuml Decision by 75 majority
uuml States - 23 weightage and Centre - 13 weightage
uuml Council to make recommendations on everything related to GST including laws rules and rates etc
Introduction
stWe are living in 21 Century ie in the age of social media With the handy use of social media the question comes
whether these instant messages ie Whatsapp Messages are of any legal relevance and admissible in Courts
Lately now courts have begun to admit instant messages and pictures sent on these platforms as evidence in both
Criminal as well as Civil matters
ArewhatsappChatsadmissibleasEvidence
In this present digital world electronic devices are used frequently especially for business transactions One of the most
common tool for communication is Whatsapp With digitization the Indian judiciary has also become more advanced
and techno-friendly The Parliament had enacted the Information and Technology Act 2000 to redeine the deinition of
electronic record undersection2(1)(t)of Information and Technology Act 2000With the help of mobile phones
people are daily expressing themselves which results in extensive collection of records that may become evidence in
legal matters
CurrentScenarioofIndianlegalSystem
Section 65(B) of Indian Evidence Act was introduced in Information Technology Act 2000 in order to consider
electronic communication viz Email Computer generated documents Whatsapp messages etc as valid evidence in the
Courts of law A 3-judge bench of the Honble Supreme Court of India has recently clariied and elaborated the law on
thadmissibility of digital evidence in judicial proceedings vide its judgment dated 14 July 2020 in the matter of Arjun
PanditraoKhotkarvKailashKushanraoGorantyalampOrs
It was held that certiicate under Section 65B (4) of the Evidence Act (ldquoActrdquo) is essential for admissibility of electronic
records stating that the same is to the best of his knowledge and belief These measures are taken by the court to ensure
the source and authenticity of the electronic record Electronic evidence can be easily tampered altered with hence
these safeguards prove to be very signiicant to ensure justice especially in the cases where the conclusion of the trial is
based on the electronic records
1 The Punjab and Haryana High Court has ruled that WhatsApp messages may be relied upon by investigating
agencies during a crime investigation but a certiicate Section 65B of the Indian Evidence Act is essential for the
same (RakeshKumarSinglavUnionofIndia)
ARTICLE
ICSI-NIRC Newsletter I July 2021 95
Whether Whatsapp Chats areAdmissible In Courts
CS Akshit Gupta FCS
csakguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
2 AnvarPVVersusPKBasheer2014In this case the Court has interpreted Section 22A 45A 59 65A and 65B
of the Evidence Act and held that secondary information in CDDVDPen Drive is not acceptable without a
certiicate us 65 B (4) of Evidence Act
RelevanceoftheBlueTickintheAdmissibilityofWhatsappChat
The Bombay High Court while hearing an application iled by the SBICardsandPaymentsServicesPvtLtd(the
claimant)againstaresidentRohitJadhav observed that the defaulter who was evading the bank had not only
received the notice in a PDF ile but also opened it and read its contents This means he knows about the notice of bank
and he cannot invalidate such notice on the grounds of sending the same through the digital mode
JusticeGautamPatelheld in the above mentioned case that ldquoFor the purpose of service of the notice I will accept this I
do so because the blue icon indicators clearly show that not only were the message and its attachment delivered to the
respondents number but that both were openedrdquo
Conclusion
Laws relating to admissibility of electronic evidence are still facing some issues There are various questions which are
arising relating to authorship of certiicate Since admissibility of electronic evidence in the court are still facing few
issues even after the twenty years of Information Technology Act came into force we expect some major developments
and amendments in regards of these loophole
ARTICLE
ICSI-NIRC Newsletter I July 2021 96
dkekch dh jkg bruh vklku Hkh ugha
lius lHkh ckdh gS tks ns[ks Fks dHkhA
tu iy Hkj dk esjh fQrjr esa ugha
lQyrk dh cqfukn eSa fy[k jgk gwiexcl vHkhAA
rkmez bd [okc thfor jguk pkfg
esjs kgj ls d ubZ kqvkr gksuh pkfgA
eafty feys k uk feys s vyx ckr gS
lPph dksfkk dks mldk buke feyuk pkfgAA
ARTICLE
ICSI-NIRC Newsletter I July 2021 97
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
हम कपनी सिचव ह िसफ हार नही ह
िहम िशला पर िलखा वो लख नही जो पल म िपघल जाय
िशला पर िलखा वो लख ह जो अिमट अर ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
अजन की गाडीव सा कलम ह हमारा
क की सदसन सा तज ह ान
कानन की धाराओ और अनछदो स नही ह हम अनजान
ा ण भगर लोभनो क वजह स हम िनरर ह
कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
हम वा ही नही ितवा भी हम ही ह
हम वो ह जो िनर सदा ही ह
हम तो ान क गगन म गगनचर पख ह
कानन क जगत म हम एक अिधकत हार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
dEiuh lfpoCS Prahalad Kumar ACS
email2prahaladgmailcom
ला हो उस ालन को जो सघष की ितमित थी
आज अपन हजनो को ा चहरा िदखाएग
ाग आाकारता का कशल नततव सीखन वाल
ा आज भड़ चलो म फसन की वजह स हम सार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
कपनी पजीकरण स िवलय तक का समथ ाता ह हम
आिथक मदी स उबारन क िलए जान जात ह हम
िविध का पण ह कवल अर नही ह हम
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 98
InitiativesofChapters
Noida
bull On the occasion of PCS Day 2021 Tuesday 15th June 2021 Noida Chapter organised a webinar on the topic
Talk on Future Ready PCS- Insights into Future Challengesrdquo from 0500 pm to 0630 pm During the webinar
Noida Chapter of NIRC felicitated 2 Practicing Company Secretaries having more than 25 years of practice
experience amp 2 PCS irms with three or more partners Appreciation certiicates were given to them and they
shared their experience and journey briely
bull Webinar held on Friday 18th June 2021 from 0500 pm to 0630 pm on the topic Producer Company
Governanceamp Compliance
bull Webinar held on Saturday 19th June 2021 from 1100 am to 1230 pm on the topic Practical tips for settlement
of legal disputes
bull Webinar on the Topic ldquoRole of Company Secretaries During Covid and Post Covid Periodrdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part -1)rdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part - II)rdquo
bull Noida Chapter of NIRC of the ICSI organized four days Online NCLT Workshop on 3rd 4th 10th amp 11th June
2021 from 0500 pm to 0700 pm
bull In view of International Yoga Day Noida Chapter of NIRC organized 4 Yoga Sessions on four consecutive
Saturdays from 29thMay 2021 till 19thJune 2021
Bareilly
bull On 5th June 2021 Bareilly Chapter organized a webinar on the theme A brief overview of Recent Amendments amp
Relaxations under Companies Act 2013
bull On 19th June 2021 during the PCS Week one more webinar was organized by Bareilly Chapter on the theme
Opportunities under Insolvency and Bankruptcy Code
bull On 29th June 2021 5th One Day Orientation Program during 2021 for CS Executive students was organized by
the Chapter through virtual mode
Meerut
bull Online Study Circle for students on the topic of Recent amendments in CSR on 12062021
bull PCS Day - webinar on the topic Opportunities under Insolvency amp Bankruptcy Code on 18062021
Modinagar
bull Modinagar Chapter celebrated GST Day 2021 on 05th July 2021
ICSI-NIRC Newsletter I July 2021 99
Faridabad
bull MoU signing ceremony with Pt J L N Govt College FBD - 23042021 in Presence of Chairman NIRC (Virtual)
bull MoU Signing Ceremony with Aggarwal College FBD --10062021 in Presence of Chairman NIRC (virtual)
bull MoU Signing ceremony with IMT College FBD - 23062021 in presence of Chairman NIRC (Virtual)
bull MoU Signed with hospitals -
1) SSB Multi Heart Specialty Hospital on 17042021
2) QRG Hospital w e f 23032021
bull Study Session on Recent Amendments in Companies Act 2013 on Saturday 10th April 2021 at Chapter premises
bull 2nd EDP Batch(15 days) - Classroom Mode wef 03042021 to 20042021
bull PCS Day Celebration on Tuesday 15th June 2021 by Faridabad Chapter
bull WEBINAR on FDI under FEMA on Saturday 19062021
Kota
bull Kota Chapter is celebrating Student month by organizing various activities for students in July 2021
Jaipur
bull PCS Day celebrations week ( Five Webinar )
bull International yoga Day Celebration
bull Workshop at yoga 01062021 to 30062021
bull Vaccination Drive with Fortis Hospital
bull Joint Webinar by Chapter of Rajasthan
bull Online CAP
Gorakhpur
bull Gorakhpur Chapter conducted webinar on Deposit amp Loan to Director on 24th May 2021 The Chief Guest of the
webinar was CS Nagendra D Rao President ICSI and the Guest of Honour was CS HimanshuHarbola Treasurer
NIRC of ICSI
bull Gorakhpur Chapter also conducted webinar on ICSI Auditing Standards on 7th June 2021 The Chief Guest of the
webinar was CS Devendra D Deshpande Vice President ICSI and the Guest of Honour was CS Vimal Gupta
Chairman NIRC of ICSI
bull On 11th June 2021 Gorakhpur Chapter conducted webinar on Dematerialisation E-Voting and Other Issuer
Services of NSDL The Chief Guest of the webinar was CS MamtaBinani Past President ICSI and the Guest of
Honour was CS SusshilDaga Vice Chairman NIRC of ICSI
bull On the occasion of PCS Day 2021 A Panel Discussion was organised by Gorakhpur Chapter on the topic
Opportunities for Company Secretaries in Developing Cities on 15th June 2021 The Special Guest of the
programme was CS Manish Gupta Council Member ICSI The Panel discussed about the various opportunities for
CS in small and developing cities in India
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 100
bull On 27th June 2021 Gorakhpur Chapter organized Blood Donation Camp in collaboration with ICAI Gorakhpur
and JCI Gorakhpur More than 70 persons donated their blood in the camp
bull The Chapter also celebrated Van Mahotsav on 01st July 2021 and GST Day on 05th July 2021 On The occasion of
GST Day celebration
Bhilwara
bull Bhilwara Chapter of NIRC of ICSI organised a webinar on the topic Health Care in COVID-19 on 1st June 2021 The
chief guest of the webinar was CS Vimal Gupta Chairman NIRC
bull On the occasion of PCS Day Celebration Bhilwara Chapter organised a webinar on 12th June 2021 on the topic
Recent Amendments in Companies Act amp MCA Version 30 On that occasion Bhilwara Chapter felicitate the PCS
Members who are practicing 15 years and more
bull Bhilwara Chapter also organised a Yoga session for Members and Students on 19th June 2021
Karnal
bull Following Webinars were organised by Karnal Chapter for Members
1 3rd May 2021 on the topic Unpacking the Nuances of Oppression and Mismanagement
2 29th May 2021 on the topic Interpersonal and Professional Skills for Company Secretaries
3 09th June 2021 on the topic Recent Amendments in Companies Act 2013rdquo
4 16th June 2021 on the topic Interpretation of Statutes for Company Secretaries
bull PCS Day was celebrated with a Webinar on 15th June 2021 on the Theme Opportunities for Company Secretaries
bull In addition to this a Non academic session for Members was organised on 28th June 2021
bull For Students 1 Five days EDP (ADP) and 6 PDPs were conducted online
Udaipur
bull Udaipur Chapter conducted Free Vaccination Drive for Members Students and their Family Members on
24062021
bull Udaipur Chapter organised three Webinar for members on 07062021 15062021 and 26062021
bull Udaipur Chapter organised Yoga Session through virtual mode for members and students on 27th June 2021
bull Udaipur chapter organised Career Awareness Programme for Students
Ghaziabad
bull Ghaziabad Chapter organized 05 days webinar series from 11th June 2021 to 16th June 2021 and invited Senior
faculties during the series CS Vineet Chaudhary Central Council Member The ICSI was Chief Guest on June 15 2021
bull Ghaziabad Chapter organized MOU Signing Ceremony for Academic Collaboration between the ICSI and Maharishi
University of Information Technology on Tuesday June 29 2021 at Maharishi Law School Maharishi University of
Information Technology Maharishi Nagar Sec 110 Noida Uttar Pradesh 201304 CS Nagendra D Rao Honble
President The ICSI graced the occasion with his benign presence
bull Ghaziabad Chapter of NIRC of ICSI conducted a webinar on the topic ldquoStay Positiverdquo with view of giving enthusiasm
and undeniable energy to all the members to express themselves their fears their positive thoughts everything amp
The need of the hour is Expression as well as Motivation on Saturday June 26 2021
bull Ghaziabad Chapter of NIRC of ICSI celebrated International Yoga Day
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 101
CSBF
COMPANYSECRETARIESBENEVOLENTFUND
MEMBERSENROLLEDREGIONWISEASLIFEMEMBERSOFTHECOMPANYSECRETARIESBENEVOLENTFUND
DURINGTHEPERIOD01032021TO30062021
REGION LMNO NAME MEMBNUMBER
NIRC
1 14821 MR GAURAV KUMAR MODI ACS - 64694
2 14830 MR ANKIT ANIL PARDESHI ACS - 62406
3 14831 MR SHAH NAWAZ ACS - 41049
4 14832 MS RICHA KHANDELWAL ACS - 47398
5 14838 MR AMRENDER KUMAR YADAV ACS - 41946
6 14839 MS RENU KATHURIA ACS - 34023
7 14844 MR SUMIT KUMAR SINGH ACS - 50243
8 14857 MR PARITOSH CHAUHAN ACS - 42603
9 14862 MS RIYA KHURANA ACS - 58282
10 14868 MS VRUSHALI RAJESHKUMAR DARJI ACS - 54675
11 14869 MR AMIT KUMAR MANGLA ACS - 32638
12 14870 MS KHUSHBOO BHATT ACS - 43508
13 14872 MR VIKASH GUPTA FCS - 9198
14 14876 MR ATUL KUMAR SINGH ACS - 38572
15 14880 MR ANSHUL JAIN ACS - 43863
16 14882 MR AMAN RATRA ACS - 55296
17 14888 MS CHAKSHOO MEHTA ACS - 42309
18 14892 MS DIVYA GAUR ACS - 47360
19 14897 MR ANKIT GOEL ACS - 52633
20 14902 MR SANDEEP KUMAR FCS - 9075
21 14907 MR SAURABH JAIN ACS - 45759
22 14908 MR MANISH KUMAR VERMA FCS - 10023
23 14909 MR HIMANSHU YADAV ACS - 44654
24 14912 MR ANKUR DUDANI ACS - 63498
25 14917 MR PANKAJ SHARMA ACS - 61152
26 14918 MS NAVITA GUPTA ACS - 51316
27 14919 MS ARSHDEEP KAUR JUDGE ACS - 33911
28 14923 MR KARM SAWHNEY ACS - 64986
ICSI-NIRC Newsletter I July 2021 102
CSBF
29 14926 MR LALIT KUMAR ACS - 49701
30 14930 MR DEVESH UPPAL ACS - 53648
31 14937 MS JASLEEN KAUR ACS - 55304
32 14941 MR DHRUV SHARMA FCS - 10760
33 14942 MR MOHD ZAFAR FCS - 9184
34 14944 MR CHANDRAKANT GUPTA ACS - 50829
35 14945 MR AKSHAY SACHAN ACS - 55246
36 14947 MR ARPIT KALANI ACS - 63919
37 14951 MR VIPUL JAIN ACS - 59021
38 14961 MR DHEERAJ ACS - 27493
39 14967 MR MAYANK ACS - 57784
40 14968 MR ASHU DHALL ACS - 50635
41 14971 MR PRINCE KUMAR FCS - 11000
42 14972 MR SUMIT GOYAL ACS - 54398
43 14974 MS DIVYA KHANNA ACS - 53941
44 14976 MS MONIKA GUPTA ACS - 59297
45 14979 MR MOHAMMAD KHALID ACS - 34335
46 14980 MR MUSTKEEM ACS - 56334
47 14982 MR SURESH KUMAR GUPTA FCS - 11059
48 14987 MS SONI PANDIYA ACS - 60696
49 14989 MR PRADEEP KUMAR ACS - 63052
50 14993 MR ANUPAM SRIVASTAVA ACS - 54503
51 15000 MR ROHIT SHRIVASTAVA ACS - 56732
52 15007 MR BHANU BHARGAVA ACS - 30370
53 15010 MS POOJA SINGH ACS - 39178
54 15012 MR NITESH KUMAR JHA ACS - 64377
55 15013 MR ASHWANI KUMAR ACS - 53574
56 15018 MR DEEPENDRA KUMAR MISHRA ACS - 63335
57 15024 SH PIYUSH AGARWAL ACS - 25165
58 15028 MR WASEEM ANWAR ACS ndash 39572
59 15029 SH VIKAS SETHI ACS - 17411
60 15037 MR SHOBHIT KUMAR KUSHWAHA ACS - 46660
61 15039 MR RAVI SHARMA ACS - 54818
62 15044 MR ANURAG PANDEY ACS - 50091
ICSI-NIRC Newsletter I July 2021 103
CSBF
63 15051 MS SHIVANGI SHARMA ACS - 59088
64 15053 MS DEEPTI JOSHI ACS - 51950
65 15058 MR JAGBIR SINGH FCS - 10983
66 15061 MR LOKESH SHARMA ACS - 50553
67 15062 MR KAMRAN SIDDIQUI ACS - 46943
68 15065 MS NEHA SRIVASTAVA ACS - 43927
69 15066 MS RUPALI SHARMA ACS - 37249
70 15070 MR SACHIN GUPTA ACS - 60203
71 15077 SH ASHISH MALKOTIA ACS - 17526
72 15078 MS NIDHI BHARDWAJ ACS - 56098
73 15080 SH ABHINAV RASTOGI ACS - 17692
74 15084 MR ASHISH MISRA ACS - 29368
75 15091 SH RATNESH PRASAD RUKHARIYAR FCS - 5833
76 15094 MR RAHUL CHOUDHARY ACS - 52647
77 15096 MR SHRAWAN KUMAR SHUKLA ACS - 53492
78 15099 MR SHIVAM GOEL ACS - 57386
79 15103 MR YOGESH MAHESHWARI ACS - 39675
80 15106 MS ANUJA JAIN ACS - 57084
81 15107 SH BANOJ KUMAR PRADHAN ACS - 15324
82 15116 MS REETIKA JHOTA ACS - 22130
83 15124 MS SANJANA CHHABRA ACS - 49167
84 15125 MR VAIBHAV SHUKLA FCS - 10556
85 15127 MS POOJA AGGARWAL ACS - 27524
86 15130 MR BHUPENDRA KAUSHIK FCS - 9884
87 15132 MS GAUTAMI GUPTA ACS - 57547
88 15138 MS SHINJINI MUKHERJEE ACS - 65425
89 15140 MS DEEPIKA SIDANA ACS - 55544
90 15141 MR ANMOL KAPOOR ACS - 57017
91 15142 MR KARAN SINGH ACS - 46641
92 15143 SH VIJAY KUMAR KAKKAR ACS - 25145
93 15144 MR NARENDER KUMAR ACS - 40175
94 15150 MS MANSI AWANA ACS - 36655
95 15154 MR AMIT KUMAR ACS - 61851
96 15155 MR AYUSH KUMAR JAIN ACS - 56424
97 15156 MS REKHA RANI NARANIWAL ACS - 38803
ICSI-NIRC Newsletter I July 2021 104
CSBF
98 15158 MS ANJALI GUPTA ACS - 20688
99 15164 MS NIDHI DANG FCS - 10548
100 15168 MR GYANESH KUMAR MISHRA ACS - 46816
101 15170 MS JASWANT KAUR ACS - 18106
102 15173 MS MEHAK GUPTA FCS - 10703
103 15175 MS SHILPI FCS - 11047
104 15177 MS SHEETAL NAHARIA FCS - 11193
105 15178 SH SURENDRA KUMAR SHARMA FCS - 5737
106 15180 MR ASHISH BANSAL ACS - 40217
107 15195 SH NARENDER KUMAR SHARMA FCS - 3189
108 15198 MS POOJA KUMARI ACS - 41504
109 15201 MS UPASNA THAKRAL ACS - 35559
110 15202 MS RENU ACS - 50393
111 15206 MR SWAPNIL AWASTHI ACS - 65802
112 15209 MS ANSHULA CHOUDHARY FCS - 10639
113 15220 MR ISHAN KHANNA ACS - 53517
114 15232 MS VIDHI KANSAL ACS - 24018
115 15233 MR NEERAJ KUMAR KHATRI ACS - 36858
116 15234 MR NIRBHAY ROCHWANI ACS - 44914
117 15235 MR SUMIT RAWAT ACS - 58125
118 15237 MS ARCHITA GUPTA ACS - 39294
119 15238 MS ANKITA GUPTA ACS - 27518
120 15239 SH SATISH KUMAR NIRANKAR FCS - 9605
121 15241 SH VIKASH JOSHI ACS - 19524
122 15245 MR VIKAS YADAV ACS - 43530
123 15250 MRS SHALU VARSHNEY ACS - 17344
124 15253 MS DEEPTI ARORA ACS - 31707
125 15254 MR MOHIT VARSHNEY ACS - 60762
126 15255 MS SHIKHA GOYAL ACS - 60381
127 15257 MS ANNU GUPTA ACS - 47525
128 15258 MR NITESH KUMAR YADAV ACS - 61297
129 15259 MR AAKARSHIT JAI ACS - 63632
130 15260 MS MEHAK MONGA ACS - 43728
131 15261 MR GAUTAM KHURANA ACS - 64072
132 15262 MR ISHAAN SHARMA ACS - 65147
133 15263 MS PALLAVI KAPOOR ACS - 64753
134 15264 MS MANISHA GUPTA ACS - 62708
135 15266 SH LALAN KUMAR SINGH FCS - 7837
136 15269 MR AKASH KANDOI ACS - 48651
137 15272 MR NISHANT PRITAM RAJ ACS - 64110
138 15273 MR INDRA JEET YADAV FCS - 10330
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ICSI-NIRC Newsletter I July 2021 06
FROM THE CHAIRMAN
WebinaronSEBI-LODRon9July2021
NIRC organized a Webinar on the theme SEBI-LODR on 9th July 2021 Ms Purna Devi Director Global Compliance amp
Reporting Entity Compliance and Governance EY was the Guest speaker CS Himanshu Harbola Treasurer NIRC-ICSI
was the Program Director I am thankful to the speaker for sparing her time and sharing of knowledge with the
participants
ICSIMegaPlacementDrive-I
ICSI Mega Placement Drive I of Northern Region is scheduled through Virtual mode for young members This provides
beneit to both recruiters and candidates as its convenient to interact without getting into the hassle of commuting and
still getting the insight of the Organizations and Candidates
StudentMonth
ICSI-NIRC celebrated the month of July 2021 as the Student Month starting with planting of sapling on 1st July 2021 ie
Van Mohatsav and subsequently various online activities were organized for students including Life Skills Sessions Soft
Skills Sessions PPT making Competition Samadhan Divas etc A good number of students participated in all the
activities
ManagementSkillsOrientationProgram(MSOP)
Valedictoryof321batchofMSOP
The Valedictory function of 321st Batch of MSOP held on 17th June 2021 CS Vijay Kumar Kaul Practicing Company
Secretary was the Chief Guest of the occasion We distributed the MSOP Completion certiicates and awards to the
participants
Inaugurationof322ⁿBatchofMSOP
We inaugurated 322nd Batch of MSOP through online mode on 29th June 2021
OnlineCareerAwarenessPrograms
NIRC organized various Online Career Awareness Programs for Students and Teachers of various Schools amp Colleges We
apprised the students and their parents about the Role of Company Secretary Company Secretary in Employment
Company Secretary in Practice and Eligibility Validity and Cut-off Dates for Registration in CS
I look forward to your valuable suggestions and feedback Feel free to interact with me at chairmannircicsiedu
Stay Safe Stay Healthy take care
With best regards
CSVimalGuptaChairmanNIRC-ICSI
Mob99833242829314324282
GLIMPSES
ICSI-NIRC Newsletter I July 2021 08
GLIMPSES
CelebrationsofInternationalDayofYoga2021
Swami Ramdev ji International Yog Guru CS Nagendra D Rao President ICSI CS Manish Gupta Central Council
Member ICSI CS Vimal Gupta Chairman NIRC-ICSI and CA (Dr) Girish Ahuja Tax Guru addressing the Participants
Screen View of session
ICSI-NIRC Newsletter I July 2021 09
GLIMPSES
WebinaronthethemeOpportunitiesunderArbitrationon17June2021
CS NPS Chawla Central Council Member ICSI amp Associate Partner Vaish Associates addressing the Participants Also
seen CS Vimal Gupta CS Devender Suhag Secretary NIRC-ICSI CS GS Sarin Past Chairman NIRC-ICSI and CS Sonia
Baijal Regional Director NIRC-ICSI
WebinaronthethemeOpportunitiesasRegisteredValueron18June2021
CS (Dr) Ajay Garg Corporate Valuer Counsel and Lawyer addressing the Participants Also seen CS Vimal Gupta and CS
GS Sarin
FelicitationCeremonyorganizedbyNIRC-ICSIaspartofPCSDaycelebrationson19June2021
CS Vimal Gupta CS Manish Gupta CS NPS Chawla CS Nesar Ahmad Past President ICSI CS Suresh Pandey Immediate
Past Chairman NIRC-ICSI CS GS Sarin CS Saurabh Kalia Regional Council Member NIRC-ICSI CS Monika Kohli Regional
Council Member NIRC-ICSI and CS Bhupesh Gupta Regional Council Member NIRC-ICSI addressing the Participants
ICSI-NIRC Newsletter I July 2021 10
GLIMPSES
FelicitationofmembersonPCSDay
WebinaronthethemeDiscussiononPrinciplesofGovernancefromIndianScriptureson19June2021
CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of Accountants)
addressing the Participants Also seen CS GS Sarin CS Suresh Pandey CS Amit Gupta Regional Council Member NIRC-
ICSI CS Saurabh Kalia and CS Sonia Baijal
WebinaronThemeSEBI-LODRon9July2021
Ms Purna Devi Director Global Compliance amp Reporting Entity Compliance and Governance EY addressing the
Participants Also seen CS Vimal Gupta CS Himanshu Harbola Treasurer NIRC-ICSI and CS Sonia Baijal
FelicitationofmembersonGSTDay
ICSI-NIRC Newsletter I July 2021 11
GLIMPSES
4DaysOnlineMasterClassonGSTOpportunities(21Edition)from28June2021to03July2021
Day129062021
CS (Adv) Sumit Wadhwa Abbot Law Ofice addressing the Participants Also seen CS Vimal Gupta and CS GS Sarin
Day230062021
CA Akshay Kumar Jain Akshay Kumar Jain amp Co LLP addressing the Participants Also seen CS GS Sarin
Day302072021
CS Jagmohan Bansal Sr Advocate addressing the Participants Also seen CS GS Sarin
Day403072021
CS Sanjay Malhotra Practicing Company Secretary addressing the Participants Also seen CS GS Sarin and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 12
GLIMPSES
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiUniversityofInformationTechnology
CS Nagendra D Rao President ICSI CS Sonal Jain Chairperson Ghaziabad Chapter of NIRC-ICSI CS Sakshi Mittal
Management Committee Member Ghaziabad Chapter of NIRC-ICSI and CS Arjunn Kr Tyagi Immediate Past Chairman
Ghaziabad Chapter of NIRC-ICSI addressing the Participants Also seen Dr Annu Behl Mehra Prof MUIT Dr Akhand
Pratap Singh Registrar MUIT Prof (Dr) KB Asthana Dean Maharishi Law School MUIT CS Awanish Srivastava Mr A
K Srivastava Joint Secretary ICSI CS Nitin Goel Mr Vinay Kumar Chapter Incharge Ghaziabad Chapter of NIRC-ICSI
along with other dignitaries
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiAggarwalCollegeBallabgarhFaridabadInstituteofManagementampTechnology
FaridabadampPtJLNGovtCollegeFaridabad
CS Vimal Gupta CS Arun Goel Chairman Faridabad Chapter of NIRC-ICSI CS Anmol Nakra Vice- Chairman Faridabad
Chapter of NIRC-ICSI Dr Krishan Kant Principal Aggarwal College Dr Rekha Sain Dr Manoj Shukla Aggarwal College
Prof (Dr) Ravi K Handa Director IMT College Dr Parul Khanna Vice- Principal IMT College Dr M K Gupta Principal
Pt JLN Govt College Ms Preeti Kapoor Asso Prof Pt JLN Govt College Ms Suman Iyer EO Faridabad Chapter of NIRC-
ICSI along with other dignitaries
ICSI-NIRC Newsletter I July 2021 13
GLIMPSES
stValedictoryFunctionndash321 MSOP
CS Vijay Kumar Kaul Practicing Company Secretary CS Vimal Gupta CS SusshilDaga Vice-Chairman NIRC-ICSI CS
Devender Suhag CS Himanshu Harbola CS Suresh Pandey CS GS Sarin and CS Surya Kant Gupta Regional Council
Member NIRC-ICSI addressing the Participants
ndInauguralFunctionndash322 MSOP
CS Vimal Gupta and CS Suresh Pandey addressing the Participants
4DaysOnlineMasterClassonFEMA(22ⁿEdition)from5July2021to8July2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells addressing the
Participants Also seen CS Vimal Gupta CS Devender Suhag and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 14
AGM
Notice is hereby given that the 40th Annual General Meeting of the members of the Institute of Company Secretaries of
India (ICSI) in the Northern Region forming part of Northern India Regional Council (NIRC) will be held on Wednesday
the 28th July 2021 at 1000 AM through online video conferencing at the link to transact the httpsbitly3qUlgZZ
following business(es)-
1 To receive consider and adopt Audited Balance Sheet as at 31st March 2021 the Income and Expenditure
account for the year ended on that date Report of the Regional Council and Auditors Report thereon
2 To appoint Ms Mukesh A Mittal amp Co Chartered Accountants Delhi as Statutory Auditors in place of retiring
Auditors Ms Mittal amp Mittal Associates Chartered Accountants to hold ofice from the conclusion of this Annual
General Meeting until conclusion of the next Annual General Meeting and to ix their remuneration
By order of The Northern India Regional Council of ICSI
Notice Of Annual General Meeting
(CSDEVENDERSUHAG)SecretaryNIRC-ICSIPlace New Delhi
Dated 13 July 2021
Note(s)
1 The members are requested to send their queries on inancial accounts andor functioning of NIRC through email
at niroicsiedu at least three (3) days in advance so that answers may be made available at the meeting
2 Members are requested to update the changes in their address(es) e-mail IDs contact details and other
particulars in their respective members account on ICSI portal for enabling NIRC to disseminate information
about activities and programs
3 In order to promote the Green Initiative the ICSI vide its letter dated 21102011 directed all its Regional Councils
to send the Annual Report to the members through electronic mode Accordingly NIRC is sending Annual Report
for the year 2020-21 through e-mail Members may also viewdownload Annual Report from the child portal of
NIRC ICSI (httpswwwicsiedunirohome)
4 Due to COVID-19 no physical copy of Annual Report shall be available for reference of the members
5 Web link to Join Annual General Meeting is (the link will be activated at 0940 AM on 28th httpsbitly3qUlgZZ
July 2021)
ICSI-NIRC Newsletter I July 2021 15
AGM
To
TheMembersofNIRCoftheICSI
REPORTONTHEAUDITOFTHEFINANCIALSTATEMENTS
Opinion
We have audited the accompanying standalone inancial statements of NORTHERNINDIAREGIONALCOUNCILOF
THEINSTITUTEOFCOMPANYSECRETARIESOFINDIANew Delhi which comprise the Balance Sheet as at 31st March
2021 and the statement of Income and Expenditure Cash Flow and a summary of the signiicant accounting policies and
other explanatory information
In our opinion and to the best of our information and according to the explanations given to us said Balance Sheet the
Income and Expenditure Account and Cash Flow Statement read together with the Schedule amp Notes thereon give a true
and fair view
1 In so far as it relates to the Balance Sheet of the State of Affairs of the NIRC of the ICSI as at 31st March 2021 and
2 In so far as it relates to the Income amp Expenditure account of the Excess of Income over the Expenditure of the
NIRC of the ICSI for the year ended on that date
3 In so far as it relates to the Cash Flow Statement of Cash Flow of the NIRC of the ICSI for the year ended on that
date
BasisforOpinion
We conducted our audit in accordance with the Standards on Auditing (SAs) generally accepted in India Our
responsibilities under those Standards are further described in the Auditors Responsibilities for the Audit of the
Financial Statements section of our report We are independent of the Entity in accordance with the Code of Ethics
issued by the Institute of Chartered Accountants of India together with the ethical requirements that are relevant to our
audit of the inancial statements and we have fulilled our other ethical responsibilities in accordance with these
requirements and the Code of Ethics We believe that the audit evidence we have obtained is suficient and appropriate
to provide a basis for our opinion
ResponsibilityoftheManagementfortheFinancialStatements
The NIRC of the ICSI are responsible for the preparation of these inancial statements that give a true and fair view of the
inancial position and inancial performance and cash low of NIRC of the ICSI in accordance with the accounting
principles generally accepted in India and formulated by the ICSI This responsibility also includes maintenance of
adequate accounting records in accordance with the applicable provisions for safeguarding the assets of the NIRC of the
ICSI and for preventing and detecting frauds and other irregularities selection and application of appropriate
accounting policies making judgments and estimates that are reasonable and prudent and design implementation and
maintenance of adequate internal inancial controls that were operating effectively for ensuring the accuracy and
completeness of the accounting records relevant to the preparation and presentation of the inancial statements that
give a true and fair view and are free from material misstatement whether due to fraud amp error
Independent auditorrsquos report
ICSI-NIRC Newsletter I July 2021 16
AGM
AuditorsResponsibilitiesfortheAuditoftheFinancialStatementsOur objectives are to obtain reasonable assurance about whether the inancial statements as a whole are free from
material misstatement whether due to fraud or error and to issue an auditors report that includes our opinion
Reasonable assurance is a high level of assurance but is not a guarantee that an audit conducted in accordance with SAs
will always detect a material misstatement when it exists Misstatements can arise from fraud or error and are
considered material if individually or in the aggregate they could reasonably be expected to inluence the economic
decisions of users taken on the basis of these inancial statements
As part of an audit in accordance with SAs we exercise professional judgment and maintain professional skepticism
throughout the audit We also
bull Identify and assess the risks of material misstatement of the inancial statements whether due to fraud or
error design and perform audit procedures responsive to those risks and obtain audit evidence that is
suficient and appropriate to provide a basis for our opinion The risk of not detecting a material misstatement
resulting from fraud is higher than for one resulting from error as fraud may involve collusion forgery
intentional omissions misrepresentations or the override of internal control
bull Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and
related disclosures made by management
bull Conclude on the appropriateness of managements use of the going concern basis of accounting and based on
the audit evidence obtained whether a material uncertainty exists related to events or conditions that may cast
signiicant doubt on the Entitys ability to continue as a going concern If we conclude that a material
uncertainty exists we are required to draw attention in our auditors report to the related disclosures in the
inancial statements or if such disclosures are inadequate to modify our opinion Our conclusions are based on
the audit evidence obtained up to the date of our auditors report However future events or conditions may
cause the Entity to cease to continue as a going concern
bull Evaluate the overall presentation structure and content of the inancial statements including the disclosures
and whether the inancial statements represent the underlying transactions and events in a manner that
achieves fair presentation
Furtherwereportthat a) We have obtained all the information and explanations which to the best of our knowledge and belief were
necessary for the purpose of our audit
b) In our opinion proper books of accounts as required by law amp ICSI have been kept by the Regional Council
so far as it appears from our examination of books amp records
c) The Balance Sheet the Income and Expenditure Account and Cash Flow Statement are in agreement with
the books of accounts presented before us
d) In our opinion Income and Expenditure Account Balance Sheet and Cash Flow Statement comply with the
accounting guidelines as adopted by the Institute
For MITTAL amp MITTAL ASSOCIATES
CHARTERED ACCOUNTANTS
Firm Regn No 014511N
Sd-
(CAMUKESHMITTAL)
Membership No 092534
Partner Place New Delhi
Date 01062021
UDIN 21092534AAAADH2668
ARTICLES
Introduction
A change always have positive and negative effects Same happened with this law called Goods and Service Tax BJP
Government was trying to introduce this concept since 2002 The committee for GST was formed in the year 1999 by our
Prime Minister Atal Bihari Vajpayee It was our Prime Minister who in the year 1999 understood that there shall be
single indirect tax system among the country to reduce the burden on the businessman But the approval from the
opposition took too long to implement Just like said earlier that changes always lead to discussions and disagreement st
GST was the idea of Mr Atal Bihari Vajpayee and came into force under the Modi Government on 01 July 2017 midnight
Along with opposition party (congress) businessmen common people shopkeepers etc were against the government
It was hard for them to accept GST
WhichcountryGSTModelAdoptedbyIndia
GST was irst adopted by France in the year 1954 with 4 tax slab rates (21 55 10 and 20) Amongst the tax
rates 20 is the standard rate applicable to most of the goods in France After France more than 140 countries adopted
GST model and some of the countries adopted Dual-GST model Canada is one of the country with dual GST model and
India adopted the same
Dual-GST It is referred where tax is collected by federal government and then distributed to respective states
WhyGSTwasimplementedinIndia
The main objective of GST implementation was to eliminate double taxation ie from manufacturing level to
consumption level Earlier VAT and sales tax was part of indirect tax and manufactures were liable for VAT and consumer
was liable for Sales tax due to which price of the product used to increase For the beneit of the nation GST came into
effect in the year 2017 despite of any reluctance to the changes
Earlier many were against the GST model but slowly and steadily they understood that with the introduction of GST the
pricing of the product has been made easy and cost of some products has been introduced With the introduction of GST
businesses are able to earn proit because of One Nation One Tax formula
Since the launch of GST government implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull 025 applied to cut and semi-polished stones
bull 5 on household necessities such as sugar spices tea and coffee
bull 12 on computers and processed food
bull 18 on toothpaste hair oil soap etc
bull 28 to luxury items such as cigarettes cars bike refrigerators etc
Goods andService TaxCS Yati Mittal ACS
csyatimittalgmailcom
ARTICLE
ICSI-NIRC Newsletter I July 2021 18
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TypesofGST
1 Central Goods and Service Tax (CGST) It is charged on the intra state supply of products and services
2 State Goods and Service Tax It is charged on the supply of products and services within the state
3 Integrated Goods and Service Tax It is charged on the inter state supply of products and services
4 Union Territory Goods and Service Tax It is charged on the supply of goods and services of Union Territories
HowtoavailGSTNumber
Under GST regime below persons are required to obtain GST IN number
1 Any businesses whose turnover exceeds Rs 40 Lakh in a inancial year for a normal category states and
Rs20 lakh for a special category states
2 Person registered under previous law (VAT Service Tax)
3 Registered business that has been transferred
4 Person making inter-state supplies
5 Non-resident taxable person
6 Agents of the supplier
7 Those paying tax under reverse charge mechanism
8 Person supplying online information and database access or retrieval
9 Person who supplies via e-commerce aggregator
Eligible persons are required to follow below mentioned steps to obtain GST IN number
1 Visit GST Portal
2 Click on Registration tab under Services tab and select NewRegistration
3 An application form will be opened which is divided in two parts ie Part A and B
4 Eligible persons are required to ill in the details so asked and submit the same
5 After submitting the required details ARN (Application reference number) will be sent to the registered
email id and mobile number for future reference
GSTFilingStructure
There are three types of GST taxpayer
Regular Taxpayers Composition TaxablePersons
Returns forSpeciic Transactions
ICSI-NIRC Newsletter I July 2021 19
ARTICLE
A RegularTaxpayers
Form GSTR-1 and GSTR-3B are to be iled by businesses and professionals registered with GST every month if their
annual turnover is exceeds Rs 5 crore Other taxpayer had an option to choose a quarterly return iling
From the quarter January 2021 even the businesses and professional whose turnover exceeds Rs 5 crore has an
option to opt for QRMP (Quarterly Return and Monthly Payment) Scheme where they can ile GSTR-1 and 3B
quarterly with monthly estimated GST payment
B CompositionTaxablePersons
A person registered under this scheme has to ile Form CMP-08 quarterly and Form GSTR-4 yearly by 30 April from
year 2019-2020 onwards Till FY 2018-19 persons registered under this scheme were liable to ile Form GSTR-4
quarterly and GSTR-9A annually
C ReturnsforSpeciicTransactions
Special transactions under GST have been deined with speciic GST returns such as
bull GSTR-5It is iled by non-resident foreign taxpayers who are registered with GST and carry their business in
thIndia It shall be iled by 20 of each month
bull GSTR-5A It is a summary return for reporting the outward taxable supplies and tax payable by Online
thInformation and Database Access or Retrieval Services (OIDAR) provider under GST It shall be iled by 20 of
each month
bull GSTR-6 It is iled by Input Service Provider This form carry the details of input tax credit received and
thdistributed It shall be iled by 13 of each month
bull GSTR-7It is iled by person who are liable to deduct TDS This form will contain details of TDS payable paid and
thclaimed It shall be iled by 10 of every month
bull GSTR-8Return iled by e-commerce operators registered under GST and who collects Tax at source (TCS) The
threturn shall be iled by 10 of every month
Conclusion
Persons businesses professionals registered GST has to ile the form as per the dates prescribed They will not be able to
ile any next return if any month quarter or year return is pending from their sides Moreover if there is any late iling
then interest and late fees are being calculated Following are the interest rates and penalties that are being levied on
late submission of forms
bull Interest 18 pa shall be calculated on the outstanding amount It shall be calculated on the net tax liability in
the ledger The interest shall be levied from the very next day of due date of actual date of form iling
bull As per CGST and SGST Rs 100- per day each late fees is levied which shall not exceed Rs 5000- No late fee is
prescribed under IGST
ICSI-NIRC Newsletter I July 2021 20
GST stands for Goods and Services Tax which became effective from July 1 2017 in India as one tax one nation It is an
Indirect tax which introduced to replacing a host of other Indirect taxes such as value added tax service tax purchase
tax excise duty and so on
GST is a destination-based tax levied on the consumption of goods and services across the nation thus rendering the
country one uniied common market
GST is a multi-stage tax system which is comprehensive in nature and applied on the sale of goods and services
throughout India
Aim The main aim of this taxation system is to curb the cascading effect of other indirect taxes
The goods and services tax (GST) is a value-added tax levied on most goods and services sold for domestic consumption
The GST is paid by consumers in addition of the sales price of the product but it is remitted to the government by the
businesses selling the goods and services
goods andservice tax (gst)
ARTICLE
ICSI-NIRC Newsletter I July 2021 21
CS Parul Jain ACS
csparulnishujain10121gmailcom
Destination-based tax vs Origin-based tax
A destination-based tax is one which is levied in the state where the goods or services are consumed and not where they
are produced On the other hand an origin-based tax is levied in the state where goods or services are produced (not
consumed) The views expressed are personal views of the author
and it should not be taken as views of the NIRC-ICSI
ARTICLE
GST is paid by the different businesses at different rates in the following manner
Manufacturer The manufacturer pays GST on the raw material that is purchased and the value that has been added to
make the product However the tax that has been paid by the manufacturer is reduced from the overall GST that must be
paid
Service Provider The service provider pays GST on the amount that is paid for the service provided and the value that
has been added to it
Retailer The retailer pays GST on the product that has been purchased from the distributor as well as the margin that
has been added However the tax that has been paid by the retailer can be reduced from the overall GST that must be
paid
Consumer GST must be paid on the product that has been purchased by the consumer
History of GST
On July 1st 2017 the Goods and Services Tax implemented in India But the process of implementing the new tax regime
commenced a long time ago In 2000 Atal Bihari Vajpayee then Prime Minister of India set up a committee to draft the
GST law
In 2006 Finance Minister proposed the introduction of GST from 1st April 2010 and in 2011 the Constitution
Amendment Bill passed to enable the introduction of the GST law In 2012 the Standing Committee started discussions
about GST and tabled its report on GST a year later In 2014 the new Finance Minister at the time Arun Jaitley
reintroduced the GST bill in Parliament and passed the bill in Lok Sabha in 2015 Yet the implementation of the law
delayed as it was not passed in Rajya Sabha
GST went live in 2016 and the amended model GST law passed in both the house The President of India also gave assent
In 2017 the passing of 4 supplementary GST Bills in Lok Sabha as well as the approval of the same by the Cabinet Rajya
Sabha then passed 4 supplementary GST Bills and the new tax regime implemented on 1st July 2017
Tax Laws Before the Implementation of GST
The Centre and the State used to collect tax separately Depending on the state the tax regimes were different
Even though import tax was levied on one individual the burden was levied on another individual In the cases of direct
tax the taxpayer must pay the tax
Prior to the introduction of GST direct and indirect taxes were present in India
Direct Taxes Refers to the taxes which are paid straight by an individual on whom it is imposed For instance Property
Tax Wealth Tax Gift tax and Income tax etc
Indirect Taxes Refers to the taxes which are charged as a burden reduction for others For instance Excise Duty Service
and Sales tax etc
India established a dual GST structure in 2017 which was the biggest reform in the countrys tax structure in decades
The main objective of incorporating the GST was to eliminate tax on tax or double taxation which cascades from the
manufacturing level to the consumption level
ICSI-NIRC Newsletter I July 2021 22
ARTICLE
India has since launching the GST on July 1 2017 implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull A rate of 025 applied to cut and semi-polished stones
bull A 5 tax on household necessities such as sugar spices tea and coffee
bull A 12 tax on computers and processed food
bull An 18 tax on hair oil toothpaste soap and industrial intermediaries
The inal bracket taxing goods at 28 applies to luxury products including refrigerators ceramic tiles cigarettes cars
and motorcycles
The previous system with no GST implies that tax is paid on the value of goods and margin at every stage of the
production process This would translate to a higher amount of total taxes paid which is carried down to the end
consumer in the form of higher costs for goods and services The implementation of the GST system in India is therefore
a measure that is used to reduce inlation in the long run as prices for goods will be lower
ICSI-NIRC Newsletter I July 2021 23
TaxRates Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
GST also gives a major push to domestic industries as they will be able to procure seamless input credit for capital goods
Make in India campaign is set to lourish after this reform
ARTICLE
TypesofGST
The four different types of GST are given below
ICSI-NIRC Newsletter I July 2021 24
Central Goods and Services Tax (CGST) CGST is charged on the intra state supply of products and services
Individuals who pay tax as per the reverse change mechanism Central goods and service tax is the amount which is
channelled to the central government of revenue department which is equal to SGST The speciic tax amount is for
remuneration for loss of the already existing excise duties which is supposed to be paid to the central government In
such a scenario of the regional sales the remaining 50 share of GST is sent to the CGST
StateGoodsandServicesTax (SGST) SGST like CGST is charged on the sale of products or services within a stateState
Goods and Service Tax is the integral part of tax which is transferred to the state government and state revenue
department This remunerates the loss of present Sales Tax and VAT to state government It is where the 50 share of
total tax imposed is transferred to the SGST tax
IntegratedGoodsandServicesTax (IGST) IGST is charged on inter-state transactions of products and servicesIGST
stands for the Integrated Goods and Services Tax which is imposed when the state-to-state sales and procurement is in
transition A speciic share is sent to the central government along with the partner state to which the goods and services
belong to The IGST is levied only when the two states procurement and sales take place
ARTICLE
RegistrationunderGST
It is mandatory for all Service providers buyers and sellers to register A business that makes a total income of Rs20
lakhs and more in a inancial year must be required to do GST registration It takes 2-6 working days to process
The below mentioned entities and individuals must register for Goods and Services Tax
middot E-commerce aggregators
middot Individuals who supply through e-commerce aggregators
middot Agents of input service distributors and suppliers
middot Non-Resident individuals who pay tax
middot Businesses that have a turnover that is more than the threshold limit
middot Individuals who have registered before the GST law was introduced
Any company that is eligible under GST must register itself in the GST portal created by the Government of India The
registered entities will get a unique registration number called GSTIN
A 15-digit distinctive code that is provided to every taxpayer is the GSTIN The GSTIN will be provided based on the state
you live at and the PAN Some of the main uses of GSTIN are mentioned below
w Loans can be availed with the help of the number
w Refunds can be claimed with the GSTIN
w The veriication process is easy with the help of the GSTIN
w Corrections can be made
The GST registration certiicate is issued in Form GST REG-06 The certiicate is not issued physically It is available in
digital format only A GST Certiicate is an oficial document that is issued by the concerned authorities for a business
that has been enrolled under the GST system GST Certiicate contains GSTIN Legal Name Trade Name Constitution of
Business Address Date of liability Period of Validity Types of Registration Particulars of Approving Authority
Signature Details of the Approving GST oficer and Date of issue of a certiicate
GST E-Way Bill
An electronic document that is generated to show proof of goods movement is the E-Way bill We can generate the bill
from the GST portal
BeneitsofGST
ICSI-NIRC Newsletter I July 2021 25
ARTICLE
The following are the advantages of goods and services tax in India
bull Regulation of the unorganised sector
bull E-commerce operators no longer suffer from differential treatment
bull Fewer complications
bull Composition scheme
bull Registration process and iling of returns are simple
bull Higher threshold
bull Elimination of the cascading tax effect
GoodsandServicesTaxNetwork
The GSTN is the Goods and Services Tax Network which is responsible for managing the IT system concerning the GST
Portal It is a non-proit non-government organization and is the database for the oficial GST Portal
The features of the GSTN can be listed as follows
bull Keeping the information of all the taxpayers safe and secure
bull Maintaining conidentiality of the taxpayers information
bull It is a trusted National Information Utility (NIU)
GSTN is responsible for handling
bull The invoices
bull The registrations
bull The payments and refunds (if any)
bull Different types of returns
GSTReturns
A GST Returns is a document that contains information about the income that a taxpayer must ile with the authorities
This information used to compute the taxpayers tax liability Under the Goods and Services Tax registered dealers must
ile their GST returns with details regarding their purchases sales input tax credit and output GST Businesses are
expected to ile 2 monthly returns as well as an annual return
Currently the GST is paid every month The GSTR-1 and GSTR-3B must be iled In the case of refunds the relevant forms
must be submitted as well GST payments can be made both online and ofline Once the payment has made a challan is
generated
TypesofGSTReturnsandDuedates
GSTR-1
GSTR-1 is the return to be furnished for reporting details of all outward supplies of goods and services made In other
words it contains the invoices and debit-credit notes raised on the sales transactions for a tax period GSTR-1 is to be
iled by all normal taxpayers who are registered under GST including casual taxable persons
ICSI-NIRC Newsletter I July 2021 26
ARTICLE
Monthlyby11thofeverysucceedingmonthif the business either has an annual aggregate turnover of more than Rs5
crore or has not opted into the QRMP scheme
Quarterlyby13thofthemonthfollowingeveryquarterif the business has opted into the QRMP scheme
GSTR-2A
GSTR-2A is a view-only dynamic GST return relevant for the recipient or buyer of goods and services It contains the
details of all inward supplies of goods and services ie purchases made from GST registered suppliers during a tax
period
GSTR-2B
GSTR-2B is again a view-only static GST return important for the recipient or buyer of goods and services
GSTR-2B provides action to be taken against every invoice reported such as to be reversed ineligible subject to reverse
charge
ICSI-NIRC Newsletter I July 2021 27
ARTICLE
GSTR-3B
GSTR-3B is a monthly self-declaration to be iled for furnishing summarised details of all outward supplies made input
tax credit claimed tax liability ascertained and taxes paid
GSTR-3B is to be iled by all normal taxpayers registered under GST The sales and input tax credit details must be
reconciled with GSTR-1 and GSTR-2B every tax period before iling GSTR-3B GST reconciliation is crucial to identify
mismatches in data that may lead to GST notices in future or suspension of GST registration as well
The iling frequency of GSTR-3B is currently as follows
thMonthly 20 of every following month for taxpayers with an aggregate turnover in the previous inancial year of more
than Rs5 crore or have been otherwise eligible but still opted out of the QRMP scheme
thQuarterly 24 of every following month of the quarter ended for the taxpayers with aggregate turnover is less than or
equal to Rs 5 crore eligible and remain opted into the QRMP scheme
ICSI-NIRC Newsletter I July 2021 28
GSTR-4
GSTR-4 is the annual return that was to be iled by the composition taxable persons under GST by 30th April of the year
following the relevant inancial year It has replaced the erstwhile GSTR-9A (annual return) from FY 2019-20 onwards
Prior to FY 2019-20 this return had to be iled on a quarterly basis Thereafter a simple challan in form CMP-08 iled by
18th of the month succeeding every quarter replaced it
ARTICLE
The composition scheme is a system in which taxpayers dealing with goods and having a turnover up to Rs15 crores can
opt into and pay taxes at a ixed rate on the turnover declared
GSTR-5
GSTR-5 is the return to be iled by non-resident foreign taxpayers who are registered under GST and carry out business
transactions in India
The return contains details of all outward supplies made inward supplies received creditdebit notes tax liability and
taxes paid
The GSTR-5 return is to be iled monthly by the 20th of each month under GSTIN that the taxpayer is registered in India
GSTR-5A
GSTR-5A refers to a summary return for reporting the outward taxable supplies and tax payable by Online Information
and Database Access or Retrieval Services (OIDAR) provider under GST
The due date to ile GSTR-5A is the 20th of every month
GSTR-6
GSTR-6 is a monthly return to be iled by an Input Service Distributor (ISD)
It will contain details of input tax credit received and distributed by the ISD It will further contain details of all
documents issued for the distribution of input credit and the manner of distribution
The due date to ile GSTR-6 is the 13th of every month
GSTR-7
GSTR-7 is a monthly return to be iled by persons required to deduct TDS (Tax deducted at source) under GST
This return will contain details of TDS deducted the TDS liability payable and paid and TDS refund claimed if any
The due date to ile GSTR-7 is the 10th of every month
GSTR-8
GSTR-8 is a monthly return to be iled by e-commerce operators registered under the GST who are required to collect tax
at source (TCS)
It contains details of all supplies made through the e-commerce platform and the TCS collected on the same
The GSTR-8 return is to be iled on a monthly basis by the 10th of every month
ICSI-NIRC Newsletter I July 2021 29
ARTICLE
GSTR-9
GSTR-9 is the annual return to be iled by taxpayers registered under GST It is due by 31st December of the year
following the relevant inancial year as per the GST law
It contains the details of all outward supplies madeinward supplies received during the relevant inancial year under
different tax heads ie CGST SGST amp IGST and a summary value of supplies reported under every HSN code along with
details of taxes payable and paid
It is a consolidation of all the monthly or quarterly returns (GSTR-1 GSTR-2A GSTR-3B) iled during that inancial year
GSTR-9 is required to be iled by all taxpayers registered under GST
However there are few exceptions such as taxpayers who have opted for the composition scheme casual taxable
persons input service distributors non-resident taxable persons and persons paying TDS under section 51 of the CGST
Act
GSTR-9C
GSTR-9C is the reconciliation statement to be iled by all taxpayers registered under GST whose turnover exceeds Rs2
crore in a inancial year as per the GST law
It must be certiied by a Chartered AccountantCost amp Management Accountant after conducting a thorough GST audit
of the books of accounts and comparing the igures with the GSTR-9
The deadline to ile this statement is the same as the due date prescribed for GSTR-9 ie 31st December of the year
following the relevant inancial year
GSTR-9C is to be iled for every GSTN hence one PAN can have multiple GSTR-9C forms being iled
GSTR-10
GSTR-10 is to be iled by a taxable person whose registration has been cancelled or surrendered This return is also
called a inal return and has to be iled within three months from the date of cancellation or cancellation order
whichever is earlier
GSTR-11
GSTR-11 is the return to be iled by persons who have been issued a Unique Identity Number (UIN) in order to get a
refund under GST for the goods and services purchased by them in India UIN is a classiication made for foreign
diplomatic missions and embassies not liable to tax in India for the purpose of getting a refund of taxes GSTR-11
contains details of inward supplies received and refund claimed
LateilingofGSTReturns
Return iling is mandatory under GST Even if there is no transaction you must ile a Nil return
You cannot ile a return if you do not ile the previous monthquarters return
Hence late iling of GST return will have a cascading effect leading to heavy ines and penalty
The late iling fee of the GSTR-1 is populated in the liability ledger of GSTR-3B iled immediately after such delay
ICSI-NIRC Newsletter I July 2021 30
ARTICLE
InterestandLatefeetobepaid
Interest is 18 per annum It has to be calculated by the taxpayer on the amount of outstanding tax to be paid It shall be
calculated on the net tax liability identiied in the ledger at the time of payment The time period will be from the next day
of iling due date till the actual date of payment
As per the CGST Act the late fee is Rs 100 per day per Act So it is Rs100 under CGST amp Rs 100 under SGST The total
shall be Rs 200day However there is a maximum levy of Rs 5000 There is no late fee separately prescribed under the
IGST Act Also for GSTR-1 and GSTR-3B the total late fee was reduced to Rs 50 day (Rs20 day for Nil iling)
Conclusion
The goods and services tax (GST) is a tax on goods and services sold domestically for consumption The tax is included in
the inal price and paid by consumers at point of sale and passed to the government by the seller The GST is a common
tax used by the majority of countries globally The GST is usually taxed as a single rate across a nation
Every year 1st of July is commemorated as the Financial Independence Day across the country whereupon the entire
MOP (Member of Parliament) took part in the Parliament house function The transformation of the GST jurisdiction
which was approved by +150 countries is not so easy to get done It was not just the complexities but also the confusions
were expected to pop up In a country like India there is a possibility of such complexities
ICSI-NIRC Newsletter I July 2021 31
GSTndashOneNationOneTax
GST an area of Vast Opportunities for the Professionals The Goods and Services Tax (GST) is a major taxation reform till
date implemented in India since independence which has replaced many indirect taxes in India such as the Excise duty
VAT services tax additional customs duty surcharges and Octroi etc The Goods and Service Tax Act was passed in the
thParliament on 29 March 2017 and came into effect on 1st July 2017The Parliament has enacted the Central Goods and
Services Tax Act 2017 (CGST Act) while the respective states have enacted their own law The Parliament has also
enacted the Union Territory Goods and Services Tax Act 2017 (UTGST Act) for taxation of intra-state supply within the
Union territories of the Country
GST is a tax which is levied on the supply of goods and services and the tax is levied at every point of sale GST Law in India
is a comprehensive multi-stage destination-based tax that is levied on every value addition GST laws have impacted
the life of the many professionals Enactment of GST Law in India is favorable for Tax Systems growth and prosperity of
our nation
NeedofGST
With the enactment implementation of GST Law new rules and amendments introduced in the taxation system The
Tax system has been improved and everything is required to do in the bracket of GST subsuming all the previously
applicable indirect taxes
ARTICLE
ICSI-NIRC Newsletter I July 2021 32
ldquocompany secretary asgst professionalrdquo
CS Lalit Rajput ACS
lalitrajput537gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TaxesunderGST
ICSI-NIRC Newsletter I July 2021 33
3MajorComponentsofGST
CGST SGST IGST
Ta x c o l l e c t e d b y t h e C e n t r a l
Government on an intra-state sale
Tax collected by the state government
on an intra-state sale
Ta x c o l l e c t e d b y t h e C e n t r a l
Government for an inter-state sale
Revenue - Shared equally between the Centre and the State Centre will share the IGST revenue
based on the destination of goods
GSTndashAnEmergingopportunityforCompanySecretaryProfessionals
ldquoOpportunitiesknockonlyonceatyourdoorrdquo-GSTisanopportunityforprofessionalslikeuswhich
providesanopportunitytoservelearnandearn
GST law is a consolidation of many indirect taxes laws amprules with the inputs rendered by the tax authorities GST
provides an opportunity to every professional including Company Secretaries (CS) Member of the ICSI to learn and
grow with the new Tax System Structure regardless of competition with experienced professionals of the ield as this
system is new and emerging for all
After the enactment of GST Law in the country the opportunities for professionals in the area of accounting services and
tax management have increased signiicantly and so the role of Professionals including Company Secretaries We
Company Secretaries can help businesses organizations to understand the necessary document needs which are
required to submit for GST registration and relevant GST compliance post registration with the concerned authority It is
our duty and responsibility as Governance Professionals to take interest in emerging opportunity provided by the
Finance Ministry new taxation system to understand fully and then advise concerned people organization accordingly
GST is a new career opportunity for us The requirement of GST experts professionals in the market is at peak due to
various economic reforms of the nation The newness of the GST concept and due to several changes came in this law
lucrative career opportunities have been creating in GST regime for GST professionals experts Due to the increased
emphasis in GST reforms the hiring intensity for GST professionals is at an overall high There has been a huge demand
for the GST talent experts in all the business verticals due to the criticality of the subject
ARTICLE
This is the right time to become a GST experts professional and take home hefty salary packages But since the level of
professional GST expertise required in the industry is high one has to be careful ampremain updated with all the latest
concepts of GST laws
GSTCoursepromotedbyICSI
As the demand of GST professionals has been increased in the industry The Institute of Company Secretaries of India
(ICSI) In order to give suficient practical knowledge of GST has come up with Certiicate course in GST Law which is an
advanced level course and shall test a candidates knowledge of various concepts of GST along with the transitional
issues The candidates successfully complete the Course are awarded a Certiicate by ICSI
This course enables members to understand the key areas of impact in their business prepare different scenarios for
the design and application of GST identify areas of adverse impact and prepare contingency measures examining legal
documentation for recovery of taxes on existing transactions etc
RoleofCompanySecretariesunderGSTRegime
Company Secretaries Members of ICSI are LawExpertsandComplianceMaster Under section 203 of the Companies
Act 2013 Company Secretary has been deined as KMPs ie Key Managerial Personnel means person who is in-
charge of maintaining the high standard of Corporate Governance by abiding laws and regulations in timely complied
manner In other countries Company Secretary is called as Corporate Secretary as he is responsible to take care of all the
compliances with statutory and regulatory requirements
Company Secretaries can play an important role in GST Regime Company Secretaries can act as a Consultant facilitator
and an advisor to the Corporates They can ensure smooth rollout of GST Law in India To minimize tax and smooth
implementation of GST the business would require restructuring their system and Company Secretary can render
required service to and ensure proper restructuring of business
ListofsomeactivitiesandComplianceMattersthatcanbeundertakenbyaCompanyundertheGST
Regime
1RegistrationofvariousBusinessformsundertheGSTLaws
As we all know that there is no professional certiication required to ile registration of any business form with the GST
Authorities Therefore a Company Secretary professional can also render registration services to the industry
2FilingofGSTReturnswiththeGSTAuthorities
To ile GST Returns whether monthly quarterly at GST Portal for all types of Business forms there is no professional
attestation certiication required Hence a Company Secretary professional with expertisein the GST matters can also
render registration services
3ConsultancytotheEntrepreneursandRestructuringtheirBusinessSystem
Being a Company Secretary we have been always considered as Corporate Law experts We dont need any Taxation
Degree to provide consultancy on the GST matters We can comprehensively interpret the law of GST and provide
complete guidance and advisory to the business entities
4Submissionofvariousreturnsinatimeboundmanner
We are responsible for the eficient and timely administration of the company and speciically ensuring statutory and
regulatory compliance We can guide in better compliance and governance and ensure that all activities undertaken to
achieve its aim are in compliance with legal ethical and regulatory requirements
ICSI-NIRC Newsletter I July 2021 34
ARTICLE
5E-waybillsrelatedissues
E-Way Bill is an Electronic Way bill for movement of goods to be generated on the e-Way Bill Portal and is mandatory for
a GST registered person transporting goods exceeding value of Rs 50000 (Single Invoicebilldelivery challan) We can
help the business entities persons registered under GST Law to generate the W-waybill on time
We can help and support business entities in Maintenance of appropriate registers and records of the organization as
required under GST Law regime
6Taxplanning
Tax planning is an important segment for every business We can help the industry owners entrepreneurs by Tax
planning services and helps in increasing availability of cash for investment business or personal needs We are
competent to understand the impact of laws changes modiications and its various alternatives and can be helpful in
proper tax planning under GST
7EnsureadequatestepsmeasureshasbeentakentopreventfromNon-Compliance
Procedural Compliance includes registration iling of returns payments of taxes assessment etc Since a Company
Secretary is already playing the role of a Compliance Oficer under various other laws he can assist in the same under
GST law also
8AmendmentsmodiicationsampClosureofBusiness
We can helps the registered person under GST Law to submit various applications for amendments or modiications
revocation and cancellation of GST Registration
Conclusion
Registration Amendments Closure Compliance Check requirements Audit and due diligence in the matters related to
GST Law in the Corporate Sectors needs a close watch and proper guidance and laws regulations should be followed by
the Company Secretaries Company Secretaries in Practice All the records and disclosures should be made properly
The Corporate Laws including GST becomes more tough and strict against Non ndash Compliances with respect to any
matter The dynamics of the boardroom are changing and chairmen and directors are realizing that they need specialist
skilled and technical knowledgeable person in this area and they are looking to company secretaries to provide this
expertiseWe are skilled expert professionals who understand legal inancial and compliance dimensions of business
entity comprehensively
ICSI-NIRC Newsletter I July 2021 35
GST is one of the biggest taxation reforms of independent India Its main object was to integrate State economies GST is
the most historic indirect tax reform and is implemented with the aim of enhancing the overall growth of the Nation
along with supporting the MakeInIndiainitiative It aims at creating a single uniied Indian market throughout the
Nation It is a comprehensive destination based indirect tax levy of goods as well as services at the national level
Its main objective is to consolidate multiple indirect tax levies into a single tax thus subsuming an array of tax levies
overcoming the limitations of previous indirect tax structure and creating eficiencies in tax administration
GST is a consumption-based tax which is levied on the basis of ldquoDestination principlerdquo The concept relates
to taxing the supply of goods or services at the point of consumption
It is a comprehensive tax regime covering both goods and services and is collected on value-added at each stage of the
supply chain Further GST paid on the procurement of goods and services can be set off against that payable on the
outward supply of goods or services In simple words Goods and Services Tax is a tax levied on goods and services
imposed at each point of supply GST is a national level tax based on value added principle just like State level VAT which
was levied as tax on sale of inter-state goods
The essence of GST is in removing the cascading effects ie tax on tax of both Central and State taxes by allowing setting-
off of taxes throughout the value chain right from the original producer and service
providers point up to the consumer level
GST is a major improvement over existing system of VAT and disjointed Service Tax ushering a collective gain for
industry trade and common consumers as well as for the Central Government and the State Governments at large
GST as a well-designed value added tax on all goods and services is the most elegant method to eliminate distortions
and to tax consumption
Time to time there had been many amendments in GST Act to remove hardness
In starting when GST came many small business men were thinking that this is a burden on them but time to time under
this act many sections were introduced for the ease of business
For example A composition scheme was introduced in this Act
This composition scheme is an option for speciied categories of small taxpayers to pay GST at a very low rate on the base
of turnover
Now this scheme can be opted by small business men whose turnover in preceding inancial year does not exceed Rs 15
Cr and in some speciied categories eg Arunachal Pradesh Uttarakhand Manipur Meghalaya Mizoram Nagaland
Tripura amp Sikkim this limit is Rs75 Lakh
All composition dealer who opts this scheme are not required to do much compliances and they have to ile quarterly
return in place of monthly return iling
ARTICLE
ICSI-NIRC Newsletter I July 2021 36
GST in IndiaCS Sarika Gupta ACS
cssarikaguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
Earlier this scheme was only for manufacturer trader and restaurant service providers
All manufacturer and traders who opt this scheme pay GST rate of 1 while all restaurant service providers pay GST
5 under this scheme
In spite of it anewsection10(2A)is also inserted which allows small service providers providing services other than
restaurant service to opt this scheme on presumption basis Only condition for this scheme is that aggregate turnover
should not exceed Rs 50 Lakh in the previous year In this scheme they have to pay GST 6 (CGST+ SGSTUTGST) on
irst supplies of services up to a value of Rs 50 lakhs made from the date of 1st April of current year
Wecanunderstandthissectionbyoneexample
A photographer Champak Lal has commenced photography service in Delhi from April this year His turnover for
various quarter is as follows
April- June Rs 20 Lakh July ndash Sept Rs 30 Lakh Oct ndash Dec Rs 20 Lakh
He takes registration when his turnover limit is crossed ie after the month of June when turnover limit exceeds Rs 20
Lakhs Now he can opt this scheme because in preceding year his turnover is nil ie below Rs 50 Lakhs
thFor payment of tax under this scheme turnover from 1st April to 30 June will be excluded as this time he did not take
registration in GST
He will pay GST 6 on next Rs 30 Lakh turnover of July to September quarter ie Rs 180000 under this scheme
By end of September month he crosses the eligibility Turnover limit of Rs 50 Lakhs of this scheme so he has to opt out
from this scheme and to adopt normal scheme While during the irst quarter April to June he was not registered in GST
but for eligibility of this scheme turnover of this quarter will also be counted in eligibility limit
Consequently Tax payable for quarter Oct- Dec will be 20 L18 ie Rs 360000 under normal scheme
In the same way earlier all traders and manufacturer who opt this composition scheme were not allowed to provide
services except restaurant services as well as all restaurant service providers also were not allowed to provide other
services except restaurant service
But now Secondprovisotosection10(1)allowsManufacturertraderandrestaurantserviceproviderstosupply
marginal services other than restaurant services along with Goods Restaurant service in CY of value not exceeding
10ofpreviousyearsturnoverorRs500000whichever is Higher
Wecanunderstandthisfromoneexample
Binod is engaged in supply of goods His aggregate turnover in preceding FY is 60 lakh Since his aggregate turnover in
the preceding FY does not exceed 15 crore he is eligible for composition scheme in current FY Further in current FY he
can supply services [other than restaurant services] up to a value of not exceeding
(a) 10 of Rs 60 lakhs ie Rs6 lakh or
Rs 5 lakhs whichever is igher
Thus time to time there are becoming many amendments in this Act for the ease of business In overall we can say GST
(GOODS AND SERVICE TAX) is a GoodandSimpleTax
ICSI-NIRC Newsletter I July 2021 37
GST is known as the Goods and Services Tax It is an indirect tax which has replaced many indirect taxes in India such as
the excise duty VAT services tax etc The Goods and Service Tax Act was passed in the Parliament on 29th March 2017
and came into effect on 1st July 2017
In other words GST is levied on the supply of goods and services Goods and Services Tax Law in India is a
comprehensivemulti-stagedestination-basedtaxthat is levied on everyvalueaddition GST is a single domestic
indirect tax law for the entire country
GSTAdvantages
middot GST is a transparent tax and also reduces the number of indirect taxes
middot GST will not be a cost to registered retailers therefore there will be no hidden taxes and the cost of doing business
will be lower
middot Beneit people as prices will come down which in turn will help companies as consumption will increase
middot There is no doubt that in the production and distribution of goods services are increasingly used or consumed
and vice versa
middot Separate taxes for goods and services which is the present taxation system requires division of transaction
values into value of goods and services for taxation leading to greater complications administration including
compliances costs
middot In the GST system when all the taxes are integrated it would make possible the taxation burden to be split
equitably between manufacturing and services
middot GST will be levied only at the inal destination of consumption based on the VAT principle and not at various
points (from manufacturing to retail outlets) This will help in removing economic distortions and bring about
development of a common national market
middot GST will also help to build a transparent and corruption-free tax administration
middot Presently a tax is levied on when a inished product moves out from a factory which is paid by the manufacturer
and it is again levied at the retail outlet when sold
middot GST is backed by the GSTN which is a fully integrated tax platform to deal with all aspects of GST
GSTDisadvantages
middot Some Economist says that GST in India would impact negatively on the real estate market It would add up to 8
percent to the cost of new homes and reduce demand by about 12 percent
middot Some Experts says that CGST (Central GST) SGST (State GST) are nothing but new names for Central
ExciseService Tax VAT and CST Hence there is no major reduction in the number of tax layers
ARTICLE
ICSI-NIRC Newsletter I July 2021 38
goods and servicestax (gst)
CS Jaspal Singh Dhanjal FCS
cspunjabpoweryahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
middot Some retail products currently have only a four percent tax on them After GST garments and clothes could
become more expensive
middot The aviation industry would be affected Service taxes on airfares currently range from six to nine percent With
GST this rate will surpass ifteen percent and effectively double the tax rate
middot Adoption and migration to the new GST system would involve teething troubles and learning for the entire
ecosystem
What are the components of GST
There are three taxes applicable under this system CGST SGST amp IGST
middot CGST It is the tax collected by the Central Government on an intra-state sale (eg a transaction happening
within Maharashtra)
middot SGST It is the tax collected by the state government on an intra-state sale (eg a transaction happening within
Maharashtra)
middot IGST It is a tax collected by the Central Government for an inter-state sale (eg Maharashtra to Tamil Nadu)
In most cases the tax structure under the new regime will be as follows
ICSI-NIRC Newsletter I July 2021 39
Transaction GSTRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central
ExciseService tax
Revenue will be shared equally between the
Centre and the State
Sale to another State IGST Central Sales Tax + Excise
Service Tax
There will only be one type of tax (central) in
case of inter-state sales The Centre will then
share the IGST revenue based on the destination
of goods
GSTRegistration
AggregateTurnover RegistrationRequired Applicability
EarlierLimitsndashForthesaleofGoodsProvidingServices
Exceeds Rs20 lakh Yes ndash For Normal Category States Up to 31st March 2019
Exceeds Rs10 lakh Yes ndash For Special Category States Up to 31st March 2019
NewLimitsndashForSaleofGoods
Exceeds Rs 40 lakh Yes ndash For Normal Category States From 1st April 2019
Exceeds Rs 20 lakh Yes ndash For Special Category States From 1st April 2019
NewLimitsndashForProvidingServices
There has been no change in the threshold limits for service providers Persons providing services need to register if
their aggregate turnover exceeds Rs 20 lakh (for normal category states) and Rs 10 lakh (for special category states)
ARTICLE
The process by which a taxpayer gets registered under Goods and Service Tax (GST) is GST registration Once the
registration process has been completed the Goods and Service Tax Identiication Number (GSTIN) is provided The 15-
digit GSTIN is provided by the Central Government and helps to determine whether a business is liable to pay GST
WhoiseligibletoregisterunderGST
GST Registration must be completed by the following individuals and businesses
1 Individuals who have registered under the tax services before the GST law came into effect
2 Non-Resident Taxable Person and Casual Taxable Person
3 Individuals who pay tax under the reverse charge mechanism
4 All e-commerce aggregators
5 Businesses that have a turnover that exceeds Rs40 lakh In the case of Uttarakhand Himachal Pradesh Jammu amp
Kashmir and North-Eastern states the turnover of the business should exceed Rs10 lakh
6 Input service distributors and agents of a supplier
7 Individuals who supply goods through an e-commerce aggregator
8 Individuals providing database access and online information from outside India to people who live in India
other than those who are registered taxable persons
TypesofGSTRegistration
Under the GST Act GST Registration can be of various types You must be aware of the different types of GST Registration
before selecting the appropriate one The different types of GST Registration are
NormalTaxpayer
Most businesses in India fall under this category You need not provide any deposit to become a normal taxpayer There is
also no expiry date for taxpayers who fall under this category
CasualTaxablePerson
Individuals who wish to set up a seasonal shop or stall can opt for this category You must deposit an advance amount
that is equal to the expected GST liability during the time the stall or seasonal shop is operational The duration of the
GST Registration under this category is 3 months and it can be extended or renewed
CompositionTaxpayer
Apply for this if you wish to obtain the GST Composition Scheme You will have to deposit a lat under this category The
Input tax credit cannot be obtained under this category
Non-ResidentTaxablePerson
If you live outside India but supply goods to individuals who stay in India opt for this type of GST Registration Similar to
the Casual Taxable Person type you must pay a deposit equal to the expected GST liability during the time the GST
registration is active The duration for this type of GST registration is usually 3 months but it can be extended or
renewed at the type of expiry
ICSI-NIRC Newsletter I July 2021 40
ARTICLE
DocumentsrequiredforGSTRegistration
Here are the documents required to complete GST Registration
1 PAN card
2 Aadhaar card
3 Business address proof
4 Bank account statement and cancelled cheque
5 Incorporation Certiicate or the business registration proof
6 Digital Signature
7 Directors or Promoters ID proof address proof and photograph
8 Letter of Authorisation or Board Resolution from Authorised Signatory
GSTRegistrationViaAuthenticationofAadhaar
New businesses can secure their GST registration with the help of the Aadhaar The process is simple and quick The new
process came into effect from 21 August 2020 The procedure to opt for Aadhaar authentication is mentioned below
1 When you apply for GST registration you will be provided with an option to choose Aadhaar authentication
2 Select YES The authentication link will be sent to the registered email ID and mobile number
3 Click on the authentication link
4 Enter the Aadhaar number and select Validate
5 Once the details have been matched an OTP will be sent to the registered mobile number and email ID
6 Enter the OTP to complete the process You will get the new GST registration within three working days
OnlineGSTRegistrationFees
In case you complete the GST Registration procedure online no fee will be levied Once the relevant documents have
been uploaded an Application Reference Number (ARN) will be sent via SMS and email to conirm the registration
PenaltyforNotRegisteringorLateRegisteringUnderGST
If you do not pay tax or pay a lesser amount than what is due the penalty that is levied is 10 of the due amount (in case
of genuine errors) However the minimum penalty is Rs10000
If you have not registered for GST and are deliberately trying to evade tax the penalty levied is 100 of the due tax
amount
BeneitsofGSTRegistration
The main beneits of GST registration are mentioned below
1 Big projects can be accepted from Multinational Corporations (MNCs)
2 Goods can be sold online
3 Goods can be sold across the country
4 GST registration acts as valid proof as it is a legal entity registration
5 Input tax credit can be availed when any goods or services are being purchased
6 With the help of a GSTIN a current bank account can be opened
7 The GSTIN helps in increasing the brand value of the business
ICSI-NIRC Newsletter I July 2021 41
ARTICLE
GSTRegistrationExemption
The below-mentioned individuals and entities are exempt from GST registration
1 Businesses that manufacture supplies that come under reverse charge
2 Activities that do not come under the supply of goods or services Examples of such activities are the sale of a
building or land funeral services and services provided by an employee
3 Businesses that make non-GST non-taxable supplies Examples are aviation turbine fuel electricity natural
gas high-speed diesel and petrol
4 Businesses that make exempt nil-rated supplies
5 Businesses that fall under the threshold exemption limit
6 Agriculturists
ICSI-NIRC Newsletter I July 2021 42
SrNo Period RsInCrore
1 May 2021 102709
2 April 2021 141384
3 March 2021 123902
4 Feb 2021 113143
5 January 2021 119843
Conclusion
The enforcement of GST has brought in a very transparent system to the country that is also corruption-free The
beneits are far-reaching and are not only business-friendly but consumer-friendly as well This system of taxation has
placed the country well in international trade The Indian market is far more stable now than it ever was With the
application of GST India is in a much better position in the international markets which has positively affected the
economy
GSTndashAhistoricalperspective
Taxes are the prime component of development of any country The revenue from taxation is applied to inance public
goods and services such as infrastructure sanitation transportation and all other amenities which are provided by the
Government to its citizens A tax is a none penal yet compulsory transfer of resources from the private to the public
sector levied on a basis of predetermined criteria and without reference to speciied beneit received
Taxes in India used to be levied by multiple agencies such as Central Government State Governments and some local
authorities such as municipalities There are two types of taxes which are levied in India vizDirect Tax which is levied
directly to an individuals income in the form of Income Tax and Indirect Tax that is paid indirectly by the inal consumer
of goods and services
The source of powers to legislate laws in India is the Constitution of India and the authority to levy a tax is derived from
the Constitution of India which allocates the power to levy various taxes between the Centre and the States Previously
the Centre had the powers to levy tax on the manufacture of goods (except alcoholic liquor for human consumption
opium narcotics etc) while the States had the powers to levy tax on the sale of goods In the case of inter-state sale the
Centre had the power to levy a tax (CST) but the tax was collected and retained entirely by the states As for services it
was the Centre that was empowered to levy service tax
In a nutshell the previous indirect tax regime can be looked at from the point of view of Central and State laws For the
Central Government Central Excise Customs and Service Tax were the three main components For the State
Governments Value Added Tax (VAT) and CST were major taxes along with octroi entertainment tax etc which were in
many cases administered by the local bodies
VATndashThefirststeptowardsIndirectTaxReform
stIntroduction of VAT from 1 April 2005 was considered to be a major step and important breakthrough in the sphere of
indirect tax reform in India Though VAT was a successful move there were certain short-comings in the structure of
VAT This was mainly due to the form of mosaic of taxes being levied on goods and services such as luxury tax
entertainment tax etc not subsumed in the VAT thereby marginalizing the beneits comprehensive tax credit
mechanism The forms of CENVAT and State VAT were remained ineficient in fully removing the cascading effect of
taxes Such taxes added to the cost of goods and services through ldquotax on taxrdquo which the inal consumer has to bear
Variable rates under Excise Duty coupled with multiple valuation systems and various exemptions challenged the VAT
system further A business establishment having ofices in different States was required to follow the laws of the
respective states
ARTICLE
ICSI-NIRC Newsletter I July 2021 43
GOODS AND SERVICES TAX (GST)Culmination of ldquoOne Nation
One Taxrdquo ConceptCS Piyush Jain ACS
jainpiyush692gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
ChallengesofVATsystem
CENVAT was conined to the manufacturing stage and did not extend to the distribution chain beyond the factory gate
Because of this CENVAT paid on goods could not be adjusted against State VAT payable on subsequent sale of goods
This was the position for CENVAT collected on domestically produced goods and that collected as additional duty of
Customs on imported goods Whereas input tax credit of CENVAT or additional duty of custom was available to service
providers paying service tax they were unable to neutralize the State VAT or other state taxes paid on their purchase of
goods State VAT was payable on the value of goods inclusive of CENVAT and thus the VAT liability of a dealer used to get
inlated by this component without beneit of set off Inter state sale of goods attracted CST levied by the Centre and
collected by states This was an origin based tax and could not be set off against VAT in many situations VAT dealers
were unable to set off Service Tax that they had paid on their procurement of taxable input services
GSTndashthemostsigniicantindirecttaxreforminIndia
In order to address the above challenges of VAT GST was thought upon deliberated and brought in as a signiicant
improvement in the indirect tax regime at national as well as state level GST is one of the signiicant taxation reforms in
India aiming to integrate state economics and boost overall growth by creating a single uniied Indian market to make
the economy stronger
GST is consumption or destination based tax levied on goods and services at national level based on ldquoDestination
Principlerdquo It covers both goods and services and be collected on value added at each stage of the supply chain GST paid
on the procurement of goods and services can be set off against that payable on supply of goods or services GSTs prime
aim is to consolidate multiple Indirect tax levies into a single tax thus subsuming an array of tax levies overcoming the
limitations of VAT and creating eficiencies in tax administration To put it straight GST is not simply VAT plus Service
Tax but a major improvement over existing system of VAT and disjointed Service Tax ushering in the possibility of a
collective gain for industries trade and common consumers as well as for the Central and State Governments
Major Acts subsumed under GST are Excise State VAT laws Service Tax Octroi Entry tax etc
GSTndashAFlashback
In July 2000 the Government of India had set up an empowered Committee of some of the State Finance Taxation
Ministers as members with the objectives of implementation of a uniform loor rate of sale tax by States and UTs phasing
out of Sales Tax based incentive scheme to decide milestones and methods of states to switch over to VAT and to monitor
reforms in the Central Sales Tax system existing in the CountryThe Honble Union Finance Minister in the Central budget
for the year 2007-08 announced that GST would be introduced with effect from 01042010 This was based on the
recommendations of The Kelkar Task Force on indirect taxes However the deadline of April 2010 could not be met
because of the intricacies involved in the GST regime including amendment to the Constitution to give concurrent taxing
powers to the Union and State Governments
A non-Government not for proit private limited company was incorporated in the name of Goods and Services Tax
Network (GSTN) as special purpose vehicle to provide IT infrastructure and services to all the stakeholders including
Governments for implementation of GST The Constitution Amendment Bill introduced in the Lok Sabha in December
2014 was passed in May 2015 which was referred to Select Committee of Rajya Sabha The Bill was passed in August
2016 The Bill was adopted by majority of State legislatures The Bill got the assent of Honble President of India on th8 September 2016 Subsequently in April 2017 four Bills were passed by the Parliament on GST to give effect to the
stproposed system of indirect taxation The Acts came into effect from 1 July 2017
ICSI-NIRC Newsletter I July 2021 44
ARTICLE
GST-RatesandReturns
There are three types of taxes applicable under the GST regime viz CGST collected by the Central Governments on intra-
state sale SGST collected by State Governments on intra-state sale and IGST collected by the Central Government for
inter state sale GST is divided into ive different tax slabs ndash 0 5 12 18 and 28 Petroleum products alcoholic
drinks and electricity are not taxed under GST and continued to be taxed separately by the State Governments as before
In addition a Cess over and above 28 is applied on few luxury items Pre-GST tax rate for most goods was about 265
Post GST most goods fall in 18 bracket of tax rate
The Central Government in July 2017 introduced three returns for GST ie
middot GSTR-1 related to outward supply
middot GSTR-2 related to inward supply
middot GSTR-3 consolidated return including details of GSTR-1 amp 2
With a view to simplify compliances the Government scrapped GSTR-2 and 3 and introduced GSTR-3B which contains
details of inward outward supplies As a result presently only 2 returns viz GSTR-1 and GSTR-3B are iled The returns th th
are to be iled on 10 20 of the following month of GST liability
Regular taxpayers with an annual turnover of upto Rs5 crore are given an option to either pay tax and ile both GSTR-1
and GSTR-3B returns on quarterly basis or to avail an Invoice Furnishing Facility (IFF) under QRMP Scheme ie ile
GSTR-3B on quarterly basis and pay tax and ile IFF every month Taxpayers with an annual turnover of more than Rs 5
crore have to mandatorily ile both returns and pay tax on monthly basis
Further every GST registered taxable person whose turnover during a inancial year exceeds Rs 2 crore has to ile GSTR-st9 till 31 December of the next Financial Year
E-invoicingunderGST
GST was a new concept to the citizens and even to the Government itself The idea behind the introduction of GST
became successful in subsuming various indirect taxes and ease of compliance burden but it also opened gates for new
kinds of frauds by inding loopholes in the system and misusing the opportunities extended by the Government to its
citizens for their economic prosperity Tax leakage and frauds using fake invoices became a taxing problem for the
Government to counter The concept of E-invoicing was introduced in 2020to put an end to such malpractices by
mandating authorisation of every invoice from the Government portal
Under E-invoicing all B2B and Export invoices need to be generated through the Government system ie the Invoice
Registration Portal (IRP) After uploading invoice on IRP an E-invoice is generated which containsa unique Invoice
Reference Number (IRN) and a digitally signed QR code Once an IRN is generated and invoice has been authenticated its
details are made available on the GST portal and EWB portal in real-time The E-invoice can be cancelled within 24 hrs of
generation
E-invoicing was initially applicable tothose businesses exceeding turnover of Rs 500 crore which wasscaled down to
Rs 100 crore within two months Presently from April 2021 it is mandatory for every business with a turnover of more
than Rs50 crores
Its implementation has beneited the Government in plugging the tax leakage It also bridges the gaps in reconciliation
of mismatch invoices faster availability of genuine Input Tax Credit and lesser possibility of intervention by tax
authorities
ICSI-NIRC Newsletter I July 2021 45
ARTICLE
ReverseChargeMechanism
Reverse charge means the liability to pay tax is on the recipient of goods or services instead of the supplier of such goods
or services in respect of notiied categories of supply of goods of services Normally the supplier of goods or services
pays the tax on supply In the case of reverse charge the receiver becomes liable to pay tax ie the chargeability gets
reversed The person who is receiving goods or services pays GST to the Government on behalf of the person who
provides such goods or services and in turn can claim Input Tax Credit if the goods or services received are not in
negative list
ElectronicWayBill
For intra-state interstate movement of goods e-way bill system has been introduced E-way bill is required to be
generated before the commencement of movement of goods only where the value of the consignment exceeds
Rs50000 The time period for the recipient to communicate his acceptance or rejection of the consignment would be
the validity period of the concerned e-way bill or 72 hours whichever is earlier E-way bill is valid for one day up to 100
km and additional one day for every 100 km or part thereafter Form GST EWB ndash 01 is an e-way bill form It contains ldquoPart
Ardquo ie details of goods and ldquoPart Brdquo ie details of vehicle Movement of goods from the place of consigner to the place of
transporter up to a distance of 50 km does not require illing of Part B of the e-way bill The Supplier has to generate Part
A of the e-way bill Implementation of the nation wide E-Way Bill mechanism under GST regime is being done by GSTN in
association with NIC on the portal viz hpsewaybillgstgovin
GSTndashaWorkinProgress
GST one of the steps towards digitisation proved to be a revolutionary tax system for India It has boosted the economy
of the Country by eliminating the drawbacks of the VAT System automation system of tax calculation and enabling
online payment of tax and iling returns which has resulted in the growth of the revenue collection of the Government
Transporting goods from one state to another has become a smoother affair with GST replacing a messy basket of
Central Municipal and State levies Though 4 years have passed since the introduction of the GST regime hiccups and
bottlenecks continue to crop up This could be narrowed down by simplifying rules and procedures GST still being a
work-in progress needs to go a long way to achieve the objective of ldquoOne Nation One Taxrdquo concept
RecognitionofCompanySecretaryunderGoodsandServiceTax
Company Secretaries as competent professionals in the area of Indirect Taxes can get hold of plethora of opportunities
under the Goods and Services Tax Company Secretaries could act as a crucial link to bridge the knowledge gap leading
to fair and voluntary compliance of law and rightful discharge of tax liability by assesses As the gamut of Indirect Tax
expands an ocean of opportunities are being unfolded in front of us The Act itself in Section 48 reads with Rule 83 of the
Central Goods and Services Tax Rules 2017 provides that any person who has passed the Final Examination of the
Institute of Company Secretaries of India (ICSI) is eligible for enrolment as a Goods amp Services Tax Practitioner Such a
person can apply in Form GST PCT-01 on the common portal either directly or through a Facilitation Centre notiied by
the Commissioner for enrolment for registration Further Under Section 116 of Central Goods amp Services Tax Act 2017
read with Rule 84 of the said Rules a Company Secretary is entitled to appear before an oficer appointed under this Act
or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act Apart from this
Company Secretories a responsible oficer in most of the companies get entrusted with responsibilities under GST
ambit and paves the way for strategic thinking for the business development They are well connected with all the
segments right from strategy marketing compliances administration and so on This diversiication of areas of
responsibility will open up more opportunities of career growth for Company Secretaries even to reach at the top
management level
ICSI-NIRC Newsletter I July 2021 46
Goods and Service Tax is an Indirect Tax which has replaced many indirect taxes in India such as the Excise Duty Vat th st
Services Tax etc The Goods and Service Tax was passed in the Parliament on 29 March 2017 and came into effect on 1
July 2017Goods and Service Tax is levied on the supply of Goods and services Goods and Services Tax Law in India is a
comprehensive multi-stage destination-based tax that is levied on everyvaluableadditionGST is a single domestic
indirect tax law for the entire nation The structure of indirect levy in India before the arrival of GST was
ARTICLE
ICSI-NIRC Newsletter I July 2021 47
GOODS AND SERVICES TAX (GST)what is gst in india
CS Ashvini Mohan Dhuri ACS
ashwinidhuri10gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
Under the GST Regime the tax is levied at every point of sale In the case of intra-state sales central GST and State GST are
charged All the inter-state sales are chargeable to the Integrated GST
AMulti-Stage
middot An item goes through multiple change of hands along its supply chain starting from Manufacture until the Final
sale to the customer like the following
- Purchase of raw materials
- Production or manufacture
- Warehousing of inished goods
- Selling to wholesalers
- Sale of the product to the retailers
- Selling to the end consumers
- The Goods and Services Tax is levied on each of these stages making it a Multi- Stage Tax
ARTICLE
BValueAddition(VA)
ICSI-NIRC Newsletter I July 2021 48
bull A manufacturer who makes biscuits buys lour sugar and other material The value of the inputs increases
when the sugar and lour are mixed and baked into biscuits
bull The manufacturer then sells these biscuits to the warehousing agent who packs large quantities of biscuits in
cartons and labels it This is another addition of value to the biscuits After this the warehousing agent sells it to
the retailer
bull The retailer packages the biscuits in smaller quantities and invests in the marketing of the biscuits thus
increasing its value GST is levied on these value additions ie The monetary value added at each stage to
achieve the inal sale to the end customer
CDestination-Based
Consider goods manufactured in Maharashtra and sold to the inal consumer in Karnataka Since the goods and Service
Tax is levied at the point of consumption the entire tax revenue will go to Karnataka and not Maharashtra
JourneyofGSTinIndia
The GST journey began in the year 2000 when a committee was set up to draft law It took 17 long years from then for the
law to come into existence In 2017 the GST Bill was passed in the Lok Sabha and Rajya Sabha On 1stJuly 2017 the GST
Law came into force
AdvancesofGST
bull Removal of Cascading effect
bull Higher Threshold for GST registration
bull Composition scheme for all small businesses
bull Simpler online facilities for GST compliance
bull Relatively lesser compliances under GST
bull Deined treatment for E-Commerce activities
bull Increased eficiency in logistics
bull Regulating the unorganized sectors
ComponentsofGST
bull CGST CGST is a tax levied on Intra State supplies of both goods and services by the Central Government and will be
governed by the CGST Act
bull SGST SGST is a tax levied on Intra State supplies of both goods and services by the State Government and will be
governed by the SGST Act
bull IGST IGST is a tax levied on all Inter-State supplies of goods andor services and will be governed by the IGST
ARTICLE
Illustration
Let us assume that a dealer in Gujarat had sold the goods to a dealer in Punjab worth Rs 50000 The tax rate is 18
comprising of only IGST Here the dealer has to charge IGST of Rs 9000 This revenue shall go to the Central Government
The same dealer of Gujarat sells goods to a consumer in Gujarat worth Rs 50000The GST rate on goods is 12 This rate
comprises CGST at 6 and SGST at 6The dealer has to collect Rs6000 as Goods and Service Tax Rs 3000 will go to the
Central Government and Rs3000 will go to the Gujarat Government since the sale is within the State
TaxLawsbeforeGST
In the earlier indirect tax regime there were many indirect taxes levied by both the state and the centre States mainly
collected taxes in the form of Value Added Tax (VAT) Every state had a different set of rules and regulations Inter-state
sale of goods was taxed by the centre CST (Central State Tax) was applicable in case of inter-state sale of goods The
indirect taxes such as the entertainment tax octroi and local tax were levied together by state and centre These led to a
lot of overlapping of taxes levied by both the state and the centre For example when goods were manufactured and sold
excise duty was charged by the centre Over and above the excise duty VAT was also charged by the state It led to a tax on
tax effect also known as the cascading effect of taxes The following is the list of indirect taxes in the pre-GST regime
middot Central Excise Duty
middot Duties of Excise
middot Additional Duties of Excise
middot Additional Duties of Customs
middot Special Additional Duty of Customs
middot Cess
middot State VAT
middot Central Sales Tax
middot Purchase Tax
middot Luxury Tax
middot Entertainment Tax
middot Entry Tax
middot Taxes on advertisements
middot Taxes on lotteries betting and gambling
CGST SGST and IGST have replaced all the above taxes
ICSI-NIRC Newsletter I July 2021 49
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST+ SGST VAT + Central
Excise Service Tax
Revenue to be shared equally between Centre and the
State
Sale to another State IGST Central Sales Tax +
excise Service Tax
There will be only one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
ARTICLE
HowhasGSThelpedinPriceReduction
During the pre-GST regime every purchaser including the inal consumer paid tax on tax This condition of tax on tax is
known as the cascading effect of taxesGST has removed the cascading effect Tax is calculated only on the value-addition
at each stage of the transfer of ownership The indirect tax system under GST will integrate the country with a uniform
tax rate It will improve the collection of taxes as well as boost the development of the Indian economy by removing the
indirect tax barriers between states
Illustration
Based on the above example of the biscuit manufacturer lets take some actual igures to see what happens to the cost of
goods and the taxes by comparing the earlier GST regimes
Taxcalculationsinearlierregime
ICSI-NIRC Newsletter I July 2021 50
Action Cost(Rs) Taxrateat10(Rs) InvoiceTotal(Rs)
Manufacturer 1000 100 1100
Warehouse adds a label and
repacks at Rs300
1400 140 1540
Retailer advertises at Rs 500 2040 204 2244
Total 1800 444 2244
The tax liability was passed on at every stage of the transaction and the inal liability comes to a rest with the customer
This condition is known as the cascading effect of taxes and the value of the item keeps increasing every time this
happens
Taxcalculationsincurrentregime
Action Cost(Rs) Taxrateat10(Rs)
Taxliabilitytobedeposited(Rs)
InvoiceTotal(Rs)
Manufacturer 1000 100 100 1100
Warehouse adds a label and
repacks at Rs300
1300 130 30 1430
Retailer advertises at Rs 500 1800 180 50 1980
Total 1800 180 1980
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
ARTICLE
WhataretheNewCompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
1E-WayBills
GST introduced a centralized system of waybills by the introduction of ldquoE-way billsrdquo This system was launched on 1st
April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of goods in a staggered
manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods transported
from the place of its origin to its destination on a common portal with ease Tax authorities are also beneited as this
system has reduced time at check -posts and helps reduce tax evasion
2E-invoicing
The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual aggregate turnover of
more than Rs500 crores in any preceding inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100 crores These businesses must obtain a
unique invoice reference number for every business-to-business invoice by uploading on the GSTNs invoice
registration portal The portal veriies the correctness and genuineness of the invoice Thereafter it authorizes using the
digital signature along with a QR code E-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to the GST portal and the e-way bill portal It
will therefore eliminate the requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way
bills too
3ChangeinRegistrationLimit
Increase in GST registration limit from Rs 20 lakhs up to Rs 40 lakhs for suppliers of goods Changes in the existing
composition scheme made by increasing the turnover limit to join the scheme up to Rs 15 crores tax payments to be
made quarterly and returns to be iled annually starting 1st April 2019
4Variousotheramendments
43rd GST Council meeting will take place on 28th May 2021 (Friday) at 11 AM via video conferencing and will be
chaired by Union FM Nirmala Sitharaman
middot Section 16 amended to allow taxpayers claim of input tax credit based on GSTR-2A and 2B Henceforth ITC on
invoices and debit notes may be availed only when the details of such invoice or debit note have been furnished
by the supplier in the statement of outward supplies and such details have been communicated to the recipient
of such invoice or debit note
middot Section 50 of the CGST Act is being amended to provide for a retrospective charge of interest on net cash liability
with effect from 1st July 2017
middot With respect to orders received on detention and seizure of goods and conveyance 25 of penalty needs to be
paid for making an application for appeals under section 107 of the CGST Act Date of applicability is yet to be
notiied
ICSI-NIRC Newsletter I July 2021 51
ARTICLE
middot GST audit requirement by speciic professionals such as CAs and CMAs has been removed from the GST law
Section 35 and 44 has been amended in this regard As per the amendment only GSTR-9 annual returns on a self-
certiication basis need to be iled on the GST portal by taxpayers completely removing the requirement for
GSTR-9C ie the reconciliation statement However the inancial year and date of applicability are yet to be
clariied by the government
middot Section 7 of the CGST Act was amended to include a new clause under the deinition of supply Activities or
transactions involving the supply of goods or services by any person other than an individual to its members or
constituents or vice-versa for cash deferred payment or other valuable consideration falls under supply and
will be liable to tax Earlier this supply would have been considered as only supply of goods under schedule II So
the scope is expanded now for levy
middot Seizure and coniscation of goods and conveyances in transit are now made a separate proceeding from the
recovery of tax from Section 74
middot Self-assessed tax referred to under section 75 of the CGST Act shall also cover the outward suppliessales as
reported in the GSTR-1 under Section 37 of the CGST Act but which has been missed out while reporting in the
GSTR-3B under Section 39
middot The provisional attachment shall remain valid for the entire period starting from the initiation of any proceeding
till the expiry of a period of one year from the date of order made there under
middot Section 129 is delinked from Section 130 Accordingly proceedings relating to detention seizure and release of
goods and conveyances in transit will be separate from the levy of penalty for the coniscation of goods and
conveyance
middot The Jurisdictional Commissioner can now call for information from any person relating to any matter dealt with
in connection with the Act under Section 151 together with section 168 Further section 152 is amended to
provide an opportunity of being heard before using information obtained under Sections 150 or 151 of the Act
middot The IGST Act was also amended in Section 16 that deines a zero-rated supply Three amendments were made ndash
(1) To state that supply to SEZ units developers will be zero-rated only if it is authorized operations (2) Only
notiied persons or supplies of goodsservices can avail the status of zero-rated when IGST is paid (3) Foreign
exchange remittance will be linked in case of export of goods with the refund
ICSI-NIRC Newsletter I July 2021 52
ThePerspectivest thOn 1 July 2021 our beloved and most controversial Goods and Service tax Act will be celebrating its 4 Birthday The 3
Major Motive for introducing GST were One nation One Tax Ease of compliances and Seamless Flow of credit to
eliminate the cascading effect of the Taxes In these 4 years GST has undergone more than 900 amendments through
Notiications Circulars and Press Release There has been Chronic Tinkering and twisting of the provisions and as a
result of that the provisions which are currently in force are completely different from the one which were introduced in
the beginning
WhatisGST
Goods and Services Tax is levied on the manufacturing and sales of goods and services across the country The tax is
charged at every stage of the manufacturing process GST is applicable for both the customer and the manufacturer It is a
destination-based tax This means that GST is to be collected at the point of consumption So if a product is
manufactured in Bihar and is sold in Bhopal the tax will be levied in Bhopal Moreover at every stage of the
manufacturing process where value is added to the product GST is collected
Introduced as one of the biggest economic reforms by the BJP-led Modi government the GST kicked off with the promise
to streamline taxation and compliance burden Experts also claimed that in many ways it has streamlined the process
ldquoBased on the one nation one tax ideology GST has helped in reducing the cascading effect of tax considerably Also
multiplicity of compliances under various indirect taxes has been reduced Hence introduction of GST in India has
brought in eficiencies in indirect tax compliance incidence and reduced the number of indirect tax authorities that a
taxpayer needed to interact with
EffectofGSTontheIndianeconomy
In a few months Goods and Services Tax law in India will celebrate its fourth birthday This could be a good time to raise
the question whether GST has been a success in India Responses to this question normally swing between two extremes
- the government and the tax department would say that GST has been an unqualiied success while the taxpayer who
has struggled to cope with the rapid changes in the law would say that GST has been a disaster As is normally the case
with such extremities the truth lies in the middle GST has its good points and its poor points with the latter winning
over the former Had the implementation been more smooth the poor points would have been overshadowed by the
good parts of GST
The introduction of GST has helped merge the taxes of the state and central governments This has helped remove the
cascading effect of multiple taxes Therefore the burden of taxes has reduced for companies and customers Not just this
taxpayers have increased in number and hence the tax revenues have also increased signiicantly Over the last year or
so two developments in GST should be considered to be huge positives
ARTICLE
ICSI-NIRC Newsletter I July 2021 53
GST ndash Impact Issuesand Suggestions
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS (Dr) S K Gupta FCS
cbstskguptagmailcom
ARTICLE
The concept of e-invoicing has been introduced in stages ndash this is a step that would ensure greater transparency in
supplier-receiver transactions which results in proper availment and utilization of input tax credit Simultaneously the
government appears to have announced a war to ight the menace of fake invoicing which was taking away a substantial
portion of GST revenues
The implementation of GST has signiicantly affected the Indian economy in the following ways
middot SimpliicationofthetaxstructureGST has simpliied the taxation system of the country As GST is a single tax
calculating taxes at the multiple stages of the supply chain has become easier Through this both customers and
manufacturers get a clear idea of the amount of tax they are charged and its basis Further hassles of handling tax
oficials and authorities can also be avoided
middot FosteringproductionAs per the Indian retail industry the total tax component is around 30 of the product
cost Due to the impact of GST the taxes have gone down So the end consumer has to pay lesser taxes The
reduced burden of taxes has enhanced the production and growth of the retail and other industries
middot SMEsupport Small and medium enterprises can now register under the Composition Scheme introduced by
GST Through this scheme they pay taxes according to their annual turnover Therefore businesses having an
annual turnover of Rs 15 crores only have to pay 1 GST Moreover other enterprises having a turnover of Rs
50 lakh are required to pay 6 as GST
middot EnhancedpanIndiaoperations Companies can now avoid taxation roadblocks such as toll plazas and check
posts Earlier these created problems including damage to unpreserved products while transporting them So
manufacturers had to keep buffer stock to make up for the damages These overhead costs of storing and
warehousing hampered their proit A single taxation system has reduced these problems They can now
transport their goods easily across India This has resulted in the improvement of their pan India operations
middot Increaseinexports GST has reduced the customs duty on exporting goods The cost of production in the local
markets has also decreased due to GST All these factors have increased the rate of exports in the country
Companies have become more competitive when it comes to expanding their businesses globally
middot Thegoods and services tax (GST)has ensured formalizationof the economy and improved mop-up
delivering seamless convergence under the one-nation one tax theme said industry champions unanimously
calling it an enabler of ease of doing business With uniformity of rates and elimination of multiple other indirect
taxes GST has cut out the cascading of levies widened the tax net and added to revenues
IssuesunderGST
middot Dificulty in claiming input tax credit and ever changing rules make compliance a cumbersome businessldquoInput
Tax Credit (ITC) is an area which has certain limitations that need to be addressed The GST regime sought to
have a seamless low of ITC however conditions for availing ITC being stringent many taxpayers lost out on ITC
middot Taxpayers are also complaining about the imposing an arbitrary monetary limit on availing input tax credit
through Rule 36(4) and mandating that a certain percentage of GST has to be paid in cash
middot The nationwide lockdown has intensiied the problem of revenue shortfall for states with the Centre not paying
up the dues on time Also with coffers drying up and with social and health spending going up states are growing
disenchanted with the system
middot The meetings of the GST Council are not as frequent as they were earlier if the recent incidents are anything to go
by and it often end up with disagreement ight and strong letters and statements
ICSI-NIRC Newsletter I July 2021 54
ARTICLE
middot The core theme of the one nation one tax slogan seems to be diluted with the introduction of state-level cesses
for example Kerala Flood cess at the rate of up to 1
middot Challenges for the exporters for smooth processing of GST refunds have been an area of concern while the
government has taken several initiatives for speedy processing of refunds the beneit is taking time to percolate
to corporates effectively
middot With the advent of GST various petitions seeking release of detained goods and hardships faced due to technical
glitches have been iled Moreover the constitutional validity of some of the GST provisions have been contested
before the courts It cannot be denied that AAR authorities have helped to clarify several controversial issues
However contradictory rulings on identical matters should be addressed soon
middot The announcement that a GST reconciliation statement need not be certiied by an auditor could have probably
waited for a couple of years more since the department would need some authentic database on what
components of the revenue statement would attract GST ndash a task best left to the auditor of the entity
middot We all know that in GST there will be the lot of litigations coming in near future and we all know the reason In
this 4 years GST has become more prone to litigation Even for simple revocation of cancellation of registration
after the prescribed days the taxpayer has to ile the appeal So we can presume the litigations that are going to
happen in near future
SuggestionsforimprovingeffectivenessofGST
middot There is an invariable need to put a halt on the changes in tax rates and decide the rate structure that is static for a
few years Adding on to that increasing the tax rates is not an ideal solution for grabbing more revenue especially
in the era of an economic slowdown In short there is a need for a simpliied tax structure of only three tax slabs
Either we need to merge 12 amp 18 or 5 amp 12 slabs into one
middot Some goods amp services like electricity real estate and petroleum are out of GST structure As they are out of GST
bracket the input tax credit beneits cannot be utilized by the segments involved in the process and so it is a loss
for them In addition these sectors are out of the indirect tax system at the mercy of state government Some
sectors such as oil and gas are demanding to be included in the GST Even experts suggest that the right way to
implement GST is to put all the sectors under the bracket of GST but it would take some time to implement the
required tweaks to the system
middot Exempt supplies must not form part of ldquoaggregate turnover‟ to determine threshold limit for taking registration
in GST It must be excluded from the Aggregate Turnover The threshold limit of 20 Lakhs more will be signiicant
for SMEMSME sector This will enable a small taxpayer having majorly exempt supplies with only a small
portion of taxable supplies to remain out of the net of GST
middot The current composition scheme is applicable only for manufacturers traders and restaurant service providers
In the GST amendments it has been proposed by the GST Council to enable registered manufacturers and
traders to opt for composition scheme us 10(1) of the CGST Act even if they supply services of value not
exceeding 10 of the turnover in the preceding FY in a StateUnion territory or Rs 5 lakhs whichever is higher
The beneit of composition scheme must be extended to other service providers by providing certain percentage
or ceiling for inter-state outward supplies of goods for the beneit of SMEMSME sector in true sense Presently
a person opting for composition scheme is not allowed to make any inter-state outward supply of goods which is
creating a bottle neck for small sector
ICSI-NIRC Newsletter I July 2021 55
ARTICLE
middot A suitable clariication is required with regard to the deinition of ldquoagent‟ under Section 2(5) (vii) of Section 24
of CGST Actas it covers only those persons who supply taxable goods on behalf of any other person ie
consignment agents Clarity on Compulsory Registration for ldquoagentsrdquo is only conined to consignment agents
Controversy whether the commission agents or brokers who merely facilitate a transaction between two parties
like procuring orders etc are also debarred from the beneit of threshold limits of registration ie Rs 20 Lac
middot As part of ICT the government should promote the usage of Point of Sales (PoS) machines which are closely
integrated with the Inventory Invoicing and GST Returns iling This will ease the reporting compliance as the
small traders are inding it dificult for tracking and maintaining inventory based on HSN codes Subsidy may be
given for procurement of such PoS machines so that it will increase the return iling ratio and also minimize the
digital transactions which has increased during the demonetization period but the same started falling and
reaching lower levels than the pre-demonetization period
middot IGST credit to be restricted only on import of raw materials - Manufacturers of India must be incentivized in
comparison to their position with traders of imported inished goods IGST credit on imports should be
restricted only to the manufacturer of imported raw materials Import of Finished goods must not be allowed
par beneit of credit of IGST to the trader of imported inished goods This will make the position of
manufacturers wiser and encouraging as compared to importers This will boost Make in India and promote
domestic manufacturers
middot Taking into consideration the rigorous procedure involved in Advance Ruling provisions iling of application on
behalf of association representing its members in a State may be permitted This will beneit small taxpayers not
being able to adopt this route for seeking certainty of their GST issues Such application can be accompanied
with list of all the members with their GSTIN on whom such ruling shall be applicable
middot If the MSME taxpayers pays the taxes promptly and also iles the returns in time there should be a certain
percentage of the amount of tax paid should be rewarded back This will prompt the taxpayers to be honest and
take the incentive This amount should be declared or given after the audit assessment so that undue beneit
will not be passed on the taxpayers Also region wise such taxpayers should be honored this will also motivate
others to pay taxes upfront
Conclusion
This is the third consecutive year India has made waves on the Doing Business ranking India improved on six of ten
parameters set by the World Bank as against eight last year becoming among top ten improvers for the second time in a
row This year alone India has moved up by a phenomenal 14 spots on the Doing Business Index a feat achieved by most
countries over a 20 year period Finance Minister Nirmala Sitharaman has spoken of the Governments keen interest in
improving rankings and keeping that goal in mind they are prepared to implement all sorts of reforms - especially under
GST and GST Compliance
ICSI-NIRC Newsletter I July 2021 56
stOn 1 July 2021 our beloved Goods and Service tax Act will be celebrating its 4th Birthday GST was introduced for 3
major purposes as One nation One tax ease of compliances and seamless low of credits to remove the cascading effects
of the taxes However in the last 4 years GST is reshaping itself by more than 900 amendments through Notiications
Circulars and Press release accordingly we can say it is changing day by day In this article author has discussed the topic
of ldquoE-way Bill under Goods and Services Tax (GST)rdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 57
E-way Bill under Goodsand Services Tax (GST)
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Sandeep Singh Chauhan ACS
sandy673711gmailcom
WhatisE-wayBill
E-way bill is an electronic permit or electronic generated document for movement of goods from one place to another
place which is to be generated on the E-way bill portal ie on wwwewaybillgstgovin
Earlier before the introduction of GST there was no concept of electronic way bill However the need to have check and
balances in the present has been felt necessary to discourage the parallel economy Introduction of E-way Bill in India
has been effected for inter-State movement of goods across the country from 1st April 2018 and on notiied dates by
respective State Government for intra state movements
WhenshouldE-wayBillbegenerated
If the value of goods of consignment is more than Rs 50000- except for certain speciied goods meant for Job work
goods meant for export with Customs seal from factory to Port airport ICD imported goods goods sent on approval
basis exhibition or fairs purposes removal for testing removal from factory to weighbridge for weighment of goods
and back to factory up to 20 kms inward supply from unregistered person SKD CKD Sales return For own use and
exempted goods
ARTICLE
ICSI-NIRC Newsletter I July 2021 58
Accordingly E-way Bill shall mandatorily generated on the common portal for all types of movements if the value of
goods exceeds more than Rs 50000- however E-way Bill needs to be generated mandatory even if the value of
consignment of goods is less than Rs 50000 where ndash
1 Movement of goods in inter-state by principal to the Job-worker
2 Handicraft goods are transported from one State or Union territory to another State or Union territory by a
person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of
section 24 of the CGST Act
Here the term Consignment Value means value determined as per section 15 of the CGST Act as mentioned on the
invoice bill of supply or delivery challan as the case may be including the applicable tax thereon However such
consignment value shall exclude the value of exempted supply where the invoice is issued in respect of both exempt and
taxable supply of goods (ldquoNotiicationNo122018rdquo)
WhoshouldgenerateE-wayBill
The primary responsibility to generate E-way Bill shall be of the registered person who causes the movement of goods
ie the consignor or the consignee as the case may be However if such consignor or consignee doesnt generate the
EWB it may be generated by transporter as well if authorized by the registered person In case of supply of goods by an
unregistered person to registered person the liability to generate EWB is on the recipient
As per revised Rule 138 (2) under Notiication No 122018 it has been provided that E-way Bill shall be required to be
generated in case the goods are transported by consignor or consignee in his own vehicle or in a hired one or a public
conveyance by road In such case the registered person causing the movement of goods may raise the EWB after
furnishing the vehicle no in Part B of FORM GST EWB ndash 01 if the value of goods being transported is more than
Rs50000-
Railway has been exempted from generation and carrying of e-way bill with the condition that without the production of
e-way bill railways will not deliver the goods to the recipient But railways are required to carry invoice or delivery
challan etc
ARTICLE
ICSI-NIRC Newsletter I July 2021 59
WhenE-wayBillisnotrequiredtobegenerated
In the following cases E-way Bill is not required to be generated
(i) The goods being transported are speciied in Annexure under Rule 138(14) of the Central Goods and Services Tax
Rules2017
(ii) The goods are being transported by a non-motorized conveyance
(iii) The goods are being transported from the port airport air cargo complex and land Customs Station to Inland
Container Depot or Container Freight Station ( for clearance by Customs)
(iv) The movement of goods within areas notiied under clause (d) of sub-rule (14) of the Goods and Services Tax Rules
of the Concerned State
(v) Goods ( other than de-oiled Cake) speciied in the Schedule appended to Notiication No22017-CT(Rate) dated
the 28th June2017 ie goods exempted from GST
(vi) Alcoholic liquor for human consumption petroleum crude high speed diesel motor spirit (commonly known as
petrol) natural gas or aviation turbine fuel
(vii) Goods which have been declared as no supply in Schedule III of CGST Act2017
(viii) Where the goods are being transported under Customs bond from an inland container depot or a container freight
station to a Customs port airport air cargo complex and land Customs station or from one Customs station or Customs
port to another Customs station or Customs port or under Customs supervision or under Customs seal
(ix) Where the goods being transported are transit cargo from or to Nepal or Bhutan
(x) Where the goods being transported are exempt from tax under Notiication No 72017-CT(Rate) dated 28th
June2017 as amended from time to time and Notiication No 262017-CT(Rate) dated the 21st September2017 as
amended from time to time
(xi) Any movement of goods caused by defence formation under Ministry of defence as a consignor or consignee
(xii) Where the consignor of goods is the Central Government Government of any State or a local authority for transport
of goods by rail
(xiii) Where empty cargo containers are being transported and
(xiv) Where the goods are being transported upto a distance of twenty kilometers from the place of business of the
consignor to a weighbridge for weighment or from the weighbridge back to the place of business of the said consignor
subject to condition that the movement of goods is accompanied by a delivery challan issued in accordance with Rule 55
BlockingandUnblockingofE-wayBill
middot E-way bill generation is blocked for taxpayers who have not iled their returns for the previous two consecutive
monthsquarters
middot Thus if a taxpayer has not iled GSTR-3B for two or more consecutive months then heshe cannot generate e-
way bills to do dispatches and receive goods resulting in a standstill
middot Only when a taxpayer iles GSTR-3B the e-way bills will get unblocked on the next day
middot The system of e-way bill clocking was implemented from the 2nd of December 2019
ARTICLE
ICSI-NIRC Newsletter I July 2021 60
Forexample if a taxpayer has not iled his GSTR-3B for April 2021 and May 2021 then his GSTIN will get blocked in the
e-way bill portal from June The main intention of the government is to track down the non-ilers of GST returns and
make them compliant
WhatifE-wayisnotgenerated
If the suppliers or transporters are not generating the e-way bills the same will be considered as contravention of
statutory provisions of GST law
As per Section 122 (xiv) of the CGST Act 2019 a taxable person who transports any taxable goods without the cover of
speciied documents E-way bill shall be liable to pay a penalty of Rs 10000- or an amount equivalent to the tax
evaded
As per section 129 of CGST Act2017 where any person transports any goods or stores any goods while they are in
transit in contravention of the provisions of this Act or the rules made thereunder all such goods and conveyance used as
a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to
detention or seizure to recover applicable tax and penalty from the person transporting goods and the owner of the
goods
SomeoftheimportantjudicialpronouncementonE-wayBill
SNo CaseName IssueampSummary
1 Ms KB Enterprises Vs Asst
Commissioner State Taxes amp
Excise-2019(12) TMI 1089-
GSTAA-HP
Section 129 proceeding cannot be initiated for Minor mistake(s) in e-
way bill- The minor mistakes in Part-B of the e-way bill (error in one or
two digitscharacters of the vehicle number) will not invite detention
order and only penalty of Rs 1000- (CGST- Rs 500- amp SGST-Rs 500-)
will become due to payable
2 Godrej Consumer Products Ltd
Vs ACSTampE-Cum- GIBHP
G o d re j C o n s u m e r 1 1 - 0 2 -
2020HC-67
Typographic error in entering distance in E-way bill is minor
mistake-Due to a typographic error while generating E-way bill the
petitioner mentioned approx distance between Puducherry to Himachal
Pradesh as 20 Kilometers instead of 2000 Kilometers As a result a
validity of one day has been calculated by the E-way bill portal instead of
twenty days and the E-way bill subsequently got expired on the very next
day The consignment was intercepted on dated 15th Sep 2018 and
thereby a taxpenalty has been imposed under section 129 of
HPGSTCGST Act 2019 for contravention of Rule 138 However it was
held by the Honble HC that typographic error may be treated as a minor
one and in such case if the demand and penalty have been levied by the
proper oficer us 129 the same need to be refunded to the supplier
ARTICLE
ICSI-NIRC Newsletter I July 2021 61
3 Hindon Machinery Tools Vs
State of UP- 2019 (22) GSTL 4
(All)
ReleaseoftheseizedgoodsforwritingwrongTaxInvoiceNoonE-
way Bill- Incorrectly mentioning the number of tax invoices as tax
invoice number on E-way Bill- Prima facie there seems no discrepancy in
E-way Bill attracting seizure of goods Goods directed to be released
without insisting for a deposit of any amount and furnishing security as
GST already paid on goods
4 Daily Fresh Fruits India Private
Limited v Commissioner SGST
2020-VIL-115- KER
Detentionofgoodsonthegroundofwrongclassiicationofgoods-
The High Court quashed detention order on the ground that this was a
bona-ide case of dispute in the classiication of goods and directed
release of goods
5 Commercial Steel Company v
Assistant Commissioner of State
Tax 2020-VIL- 116-TEL
Goodscannotbedetainedjustbecausedriverhastakenadifferent
route-The High Court observed that vehicle was found at another place
does not automatically lead to any presumption that there was an
intention of evasion of tax
6 Kun Motor Co Pvt Ltd Versus
Assistant State Tax Oficer
Kerala State GST Department
Thiruvananthapuram- 2019
(21) GSTL 3 (Ker)
Incidence of Tax is on Supply andnot onnature of transport-A
person from Trivandrum goes to Pondicherry purchases a car and
entrusts it to the car dealer to transport it to Trivandrum On the way in
Kerala the oficials under the GST Act intercept the vehicle and detain
the goods for no e-way bill accompanies the consignment The High
Court held that detention of car was illegal
The 43rd GST council meeting was held on 28th May 2021 The GST Council has met after more than six months The
meetings were chaired by Finance Minister Smt Nirmala Sitharaman Union Minister of State for Finance and Corporate
Affairs Shri Anurag Thakur was also present at the meeting besides the Finance Ministers of the states and union
territories (UTs) and other senior oficers of both the Ministry of Finance and the States and UTs
rdImportantMeasurestakeninGSTinthe43 CouncilMeetingforfacilitationreliefto
taxpayers
1AnnualReturnrelatedmeasures
middot Amendment in section 35 and 44 of CGST Act 2017 has been made through Finance Act 2021 to provide for self-
certiication of reconciliation statement in FORM GSTR-9C instead of previous requirement of certiication of
such statement by a Chartered Accountant Cost Accountant The said amendment would be notiiedwith
effectfrom01082021
middot This amendment will be applicable for the Annual return for the FY2020-21
middot The formatof GSTR-9 and GSTR-9C forms for FY 2020-21 would be same as for FY 2019-20 except for some
minimal changes to give effect to the said amendment
middot Requirement of furnishing annual return in FORMGSTR-99A for FY 2020-21 has been continued to be
optional for the taxpayers with annual turnover uptoRs2crores
middot Requirement of furnishing reconciliation statement in FORMGSTR-9Cfor FY 2020-21 will also continue to be
waived for the taxpayers with annual turnover uptoRs5crores
2AmnestySchemetoproviderelieftotaxpayersregardinglatefeeforpendingreturns
middot To provide relief to the taxpayers especially smaller taxpayers from high amount of late fee on pending returns
a latefeeamnestyscheme has been brought out in respect of pending returns in FORMGSTR-3B for the tax
periods from July2017toApril2021
middot Latefeehasbeenreduced waived conditionally in respect of such pending returns in FORMGSTR3B for the
tax periods from July2017toApril2021as under -
a Late fee capped to a maximum of Rs500-(Rs 250- each for CGST amp SGST) per return for taxpayers who did
nothaveanytaxliabilityfor the said tax periods
b Late fee capped to a maximum of Rs1000-(Rs 500- each for CGST amp SGST) per return for other taxpayers
c The reduced rate of late fee would be conditional and apply only if GSTR-3B returns for these tax periods are
furnished during the period between01062021to31082021
ARTICLE
ICSI-NIRC Newsletter I July 2021 62
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
Goods andServices Tax
ARTICLE
ICSI-NIRC Newsletter I July 2021 63
3Rationalizationoflatefeeimposedundersection47oftheCGSTAct
Late fee structure under section 47 has been rationalized for prospective tax periods to give relief to smaller taxpayers
from burden of higher late fee by linking the maximum late fee with tax liability turnover of the taxpayer
middot The late fee for delay in furnishing of FORMGSTR-3BandFORMGSTR1 has been capped as below for tax
periods June 2021 QE June 2021 onward
middot Fortaxpayershavingniltaxliability in GSTR-3B or nil outward supplies in GSTR-1 the late fee has been
capped at Rs500perreturn
middot Forothertaxpayers
a) For taxpayers having Annual Aggregate Turnover (AATO) in preceding year upto Rs 15 crore late fee has
been capped to a maximum of Rs2000perreturn
b) For taxpayers having AATO in preceding year between Rs 15 crore to Rs 5 crore late fee has been capped to a
maximum of Rs5000perretrun
c) For taxpayers having AATO in preceding year above Rs 5 crores late fee has been capped to a maximum of Rs
10000perreturn
middot The late fee for delay in furnishing of FORM GSTR-4 by composition taxpayers has been capped to Rs 500 per
return if tax liability is nil in the return and Rs 2000 per return for others from FY 2021-22 onward
middot Late fee payable for delayed furnishing of FORM GSTR-7 has been reduced to Rs50- per day and has been
capped to a maximum of Rs 2000- per return for returns from the month of June 2021 onward
4Retrospectiveamendmentofsection50toprovideinterestpaymentonnetcashbasis
middot Section 112 of the Finance Act 2021 relating to retrospective amendment in section 50 of the CGST Act has been
brought into force from 01062021
middot Accordingly retrospective amendmenthas been made in Section 50of CGST Act 2017 with effect from
01072017 to provide for payment of interest on the delayed payment of tax on netcashbasis
middot This will facilitate the taxpayers and help in removing ambiguity and disputes regarding payment of interest on
gross tax basis or net cash basis
5COVIDReliefMeasuresinGSTth st st
Government has issued various notiications on 27 April 2021 1 May 2021 and 1 June 2021 providing a number of
relief measures for taxpayers in GST
sect ReductioninrateofinterestConcessional rates of interest in lieu of the normal rate of interest of 18 per
annum for delayed tax payments have been provided for the months of March April and May 2021
sect Waiverof late fee Late fee waived for speciied number of days in respect of returns in FORMGSTR-3B
furnished beyond the due date for tax periods March April and May 2021 due in the April May and June 2021
respectively
sect ExtensionofduedateofilingGSTR-1IFFGSTR-4andITC-04
sect Due date of iling FORMGSTR-1 and IFF for the month of April 2021 and May 2021 has been extended by 15
days
sect Due date of iling FORMGSTR-4 for FY 2020-21 has been extended from 30th April 2021 to 31st July 2021
sect Due date of furnishing FORMITC-04 for Jan-March 2021 quarter has been extended from 25th April 2021 to
30th June 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 64
sect Extensioninstatutorytimelimitsundersection168AoftheCGSTAct Time limit for completion of various
actions by any authority or by any person under the GST Act which falls during the period from 15th April 2021 to
th th29 June 2021 has been extended upto 30 June 2021 subject to some exceptions as speciied in the notiication
sect Otherrelaxations
bull RelaxationinaailmentofITC Rule 36(4) ie 105 cap on availment of ITC in FORMGSTR-3B to be applicable
on cumulativebasisfor period AprilMayandJune2021to be applied in the return for tax period June 2021
Otherwise rule 36(4) is applicable for each tax period
bull The iling of GSTR-3B and GSTR-1IFF by companiesusing electronic veriication code (EVC) instead of Digital
Signature Certiicate (DSC) has been enabled for the period from the 27042021to31082021
6Refundrelatedmeasures
bullFacilityforwithdrawaloftherefundclaims
bull A new form RFD-01W has been provided for iling application of withdrawal of a refund claim by
amendment in Rule 90 of CGST Rules
bull It will help the taxpayers who have iled the refund application by mistake or for wrong period or have
made any mistake omission in the refund claim to withdraw the refund application rather than to ile
appeal once the refund claim is rejected
bullExclusionoftimetakenforissuanceofdeiciencymemoforcalculatinglimitationperiodforilingafresh
refundapplicationafterremovingdeiciencies
bull Rule 90 of CGST Rules amended to exclude the time taken by tax oficer in issuing deiciency memo in
FORM RFD-03 for purpose of calculating time for iling fresh refund claim after removal of deiciencies
bull This will help taxpayers in iling such fresh refund claims after removing deiciencies without getting
time barred due to time taken for issuance of deiciencies by the tax oficers
7RelaxationsinprovisionsofblockingofE-waybills
bull Rule 138E of CGST Rules 2017 amended to provide for restriction on generation of e-way bill only in respect of
outwardmovementof goods of a registered person who has defaulted in furnishing returns for 2 months or 2
consecutive tax periods
bull Prior to this amendment the supplier was not able to generate e-way bill for supply of goods to the defaulting
recipient though there may not have been any default on the part of the supplier himself
bull Withthisamendmentissuanceofe-waybillbythecompliantsupplierwillnotbeblockedin respect of
supply made to recipient including a recipient who has defaulted in furnishing two consecutive returns This
wouldensurethatbusinessofcompliantsuppliersarenotadverselyaffected
ARTICLE
ICSI-NIRC Newsletter I July 2021 65
8FacilitiesonPortalforeasingtheprocessofilingofreturns
bull Auto-draftedstaticinputtaxcreditstatementinFORMGSTR-2B
bull This facility has been made available on the portal for monthly tax payers since August 2020
bull This facilitates the taxpayers in determining and self-assessing their available input tax credit and thus
substantially reducing time taken to ile their returns
bull Auto-populationofGSTR-3Breturn
bull GSTR-3B returns are being auto-populated since December 2020 for monthly return ilers from the
details given by the taxpayers in their FORM GSTR-1 and from the details given by their suppliers in their
FORM GSTR-1
bull An editing facility is also provided to the taxpayers enabling them to make the corrections
amendments in the auto-populated return if required
bull ThesefacilitieshasnowbeenmadeavailablefortaxpayersunderQRMPschemealso
9MeasuresrelatedtoE-Invoicing
bull E-invoicing facility has been introduced for B2B supplies wef 01102020 for the taxpayers having annual
aggregate turnover of Rs 500 crores or more in any of the preceding inancial years
bull The threshold limit for generating e-invoice has been brought down to Rs 100 crores wef 01012021 and to Rs
50 crores wef 01042021
bull FORM GSTR-1 of the taxpayer is being auto-populated on the portal from e-invoice data Besides Part-A of e-way
bill is also auto-populated from the e-invoice data This helps in reducing time and cost for iling of GSTR-01 and
for generation of e-way bills
Introduction
As the world has become a global village and technology is playing the role of disrupter the corporates governments
and regulators constantly need to embrace changes thrown by these disruptions to ensure that aspirations of all
stakeholders are realized for growth and sustenance
It is an undisputed fact that pace of technology is very fast and one technological development annexes another one or
overshadows the same in certain cases But disruptions take place certainly and these disruptions bring their own sets
of opportunities and challenges
Emergingtechlandscapes
The recent buzzwords of technology are Machine Learning (ML) Artiicial Intelligence (AI) Internet of the Things (IoT)
and Automation They lessen human intervention enhance transparency and provide data analytics of highest accuracy
and eficiency for fostering eficient decisions making The regulatory domain does not remain untouched from these
technological revolutions Several compliance processes have become automat able audit activities are becoming more
technology oriented data extraction is on real-time basis and high-quality information is available for overall good
Impactoftechnologyoncompliance
So for the profession of company secretaryship the important point is ldquowhat is impact of technologyrdquo on compliance
domain Paradigm shifts are evolving as the transformations take place Areas such as automation of board processes
audits trails process and operational eficiency quality and economy have newer dimensions due to reshape of
technology At the same time new opportunities and challenges are emerging Let us examine them briely
Opportunities
Compliance and tech learning Traditional modes of compliances are undergoing drastic changes and new tools and
apps are playing havoc It is required that a Company Secretary whether in practice or employment should be tech-savvy
though being tech-savvy does not mean to become technology expert Generic knowledge and usage of applications and
functions will sufice and there is no need to acquire hardcore programming and development knowledge
Basic understanding and usage of technological aspects involved in compliance work will help company secretaries
validate compliance tasks with reinforced transparency and eficiency Technology helps in tracking the trails be they
compliance trail audit trail or any other important business function
ARTICLE
ICSI-NIRC Newsletter I July 2021 66
Technology inCompliance
The Game ChangerCS Ajay Kumar Sharma ACS
csajaysharmayahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
More importantly Governments are becoming very strict about trails and they are instructing technology solution
providers to architect systems in such a way so that complete track of transactions right from its origination till its
relection in ultimate system including all edits is possible
An understanding of compatibility between business requirements and technology solutions will open plethora of
opportunities for Company Secretaries
The bar is already rising From computer literacy it is now tech literacy The ICSI has a major role to play for this initiative
taking into consideration requirements and growth of all stakeholders
Challenges
Prevention of frauds Though technology is providing sophisticated business solutions cases of frauds with the
involvement of technology are on the rise As the impact of transactions may be over several geographies there may be
penalties and prosecutions from multiple regulators Section 447 of the Companies Act 2013 is extremely tough on
corporate frauds Deeper penetration of technology in business systems along with tough regulatory requirements
makes it imperative on the part of compliance oficers to take extra precautions International compliances such
Sarbanes Oxley Act 2002 put additional responsibilities for US companies working across several jurisdictions
The irst mantra of compliance eficiency is Evaluate document and do it right irst time
Conclusion
To sum up technology being the game changer this is going to be the era of ldquolearn unlearn and re-learnrdquo to cope with
technological disruption Exposure to different facets of compliance in technological environment will result in positive
enrichment of all stakeholders Let global society be the biggest winner
ARTICLE
ICSI-NIRC Newsletter I July 2021 67
JourneyofGSTinIndia
We can say that introduction of GST is a roller coaster ride The GST journey began in the year 2000 when a committee
was set up to draft law The PM Atal Bihari Vajpayee formed an Empowered Committee (EC) to create a structure for GST
based on their experience in designing State VAT
In 2004 A task force concludes GST must be implemented to improve current tax structure
In 2006 Finance Minister proposes GST introduction from April 1 2010 In 2007 CST phased out and rates reduced
from 4 to 3
In 2008 The inance minister conirmed that considerable progress was being made in the preparation of the roadmap
for GST The targeted timeline for the implementation was conirmed to be 1 April 2010 EC inalises dual GST structure
to have separate levy legislation
In 2010 Project to computerise commercial taxes launched but following this the implementation of GST was pushed
by one year
In 2011 Govt put forth the Constitution Amendment Bill for the introduction of GST
In 2012 The Standing Committee starts discussion over the bill but the opposition party raise concern over the clause
279B that offers additional powers to the Centre over the GST dispute authority
In 2013 Standing Committee tables its reports on GST The panel approves the regulation with few amendments to the
provisions for the tax structure and the mechanism of resolution
In 2014 The inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in the parliament
In 2015 The GST Bill passed in Lok Sabha but not in Rajya Sabha
In 2016 The Finance Ministry published the draft model law to public for their opinions and views Also amended
Model GST law passed in Rajya Sabha also
In 2017 Four Supplementary Bills passed in Lok Sabha and approved in Parliament and by President
1 Central CST Bill
2 Integrated GST Bill
3 Union Territory GST Bill
4 GST (Compensation to States) Bill
GST Council inalizes the GST Rates and GST Rules and inally GST law came into force from 1 July 2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 68
GST - One Countryone market one tax
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Meenakshi ACS
agarwalmeenakshi75gmailcom
IntroductionofGST
GST (Goods and Services Tax) is a destination based tax on consumption of goods and services It is a destination based
Tax and proposed to be levied at all stages right from manufacture up to inal consumption with credit of taxes ie ITC
(Input Tax Credit) paid at previous stages available as setoff GST has a dual aspect with the Centre and States
simultaneously levying on a common tax base
There are three main components of GST which are
1 CGST (Central GST) Taxes collected under CGST will constitute the revenues of the Central Government
2 SGST (State GST) A collection of SGST is the revenue of the State Government
3 IGST (Integrated GST) Revenue collected under IGST is divided between Central and State Government as per the
rates speciied by the Government IGST is charged on transfer of goods and services from one state to another Import of
goods and services are also covered under IGST
Image showing subsumed of various Central and State Taxes into GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 69
Beneits of GST Registration in Business
One of the most important beneit of the move is the mitigation of double taxation or the elimination of the cascading
effect of taxation
1MitigatingCascadingeffectofTax By subsuming most of the Central and State taxes into a single tax and
by allowing a set-off of prior-stage taxes for the transactions across the entire value chain it would mitigate
the ill effects of cascading improve competitiveness and improve liquidity of the businesses
ARTICLE
ICSI-NIRC Newsletter I July 2021 70
2TechnologydrivenTax GST is largely technology driven It will reduce the human interface to a great extent and this
would lead to speedy decisions
3 FindBuoyancy inGovernmentRevenue GST is expected to bring buoyancy to the Government Revenue by
widening the tax base and improving the taxpayer compliance The reform is also expected to improve the countrys
ranking so far as the Ease of Doing Business Index is concerned It is also estimated to enhance GDP growth by 15 to
2
4LesserCompliancesandeasytofollow It simpliied the Indirect tax regime After introduction of GST all tax payer
services such as registrations returns payments etc would be available to the taxpayers onlinewhich would make
compliance easy and transparent
5UniformityofTaxRatesandTaxationprocess all tax payer services such as registrations returns payments etc
would be available to the taxpayers online which would make compliance easy and transparent
6HigherrevenuegenerationThe possibility of tax evasion is minimised completely with GST coming into action
Also GST is expected to decrease the cost of collection of tax revenues of the Governmentand will therefore lead to
Higher revenue eficiency
GSTRegistration
Under GST regime Businesses whose turnover exceeds the threshold limit (Table given below) require to register
under GST It becomes mandatory for some businesses to register mandatorily as heavy penalties will attract if business
is carry on without GST registration
GSTRegThresholdLimit
th On 10 January 2019 In 32 GST Council Meeting changes in limits of GST registration was proposed which was further
approved by CBIC and new threshold limit of GST Registration come into existence which helps to ease compliance
under GST An option was provided to States to opt for the new limits or continue the earlier ones Here is the table
showing earlier threshold limits new limits and the effective date of applicability-
AggregateTurnover RegistrationRequired Applicability
Earlier limits- For Goods amp Services
Exceeding Rs 20 Lakh Yes ndash For Normal Category States Up to March 31 2019
Exceeding Rs 10 Lakh Yes ndash For Special Category States Up to March 31 2019
New Limits- For Goods
Exceeding Rs 40 Lakh Yes ndash For Normal Category States From April 1 2019
Exceeding Rs 20 Lakh Yes ndash For Special Category States From April 1 2019
New Limits- For providing Services ndash No Change- same as earlier
ARTICLE
ICSI-NIRC Newsletter I July 2021 71
PersonsliableforGSTRegistration
ChecklistofdocumentsrequiredforGSTregistration
1 PAN of the applicant
2 Copy of Aadhaar card
3 Proof of business registration or incorporation certiicate
4 Identity of address proof of promotersdirectors with photographs
5 Bank account statement cancelled cheque showing name address and a few transactions
6 Digital Signature of authorised signatory
7 Authorisation letter or Board resolution for authorised signatory
ARTICLE
ICSI-NIRC Newsletter I July 2021 72
GSTRegistrationAadhaarVeriication
Notiication issued by CBIC (Central Board of Indirect Tax and Customs) on March 23 2020 for GST Aadhaar
authentication from April 1 2020 For ease of doing business GST registration with Aadhaar veriication required by
thnew taxpayers ndash GST Council approved in its 39 meeting All Indian citizens can take this facility except tax deductors
retrieval services and tax collectors Govt dept PSUs Local authority and statutory authority also excluded from
Aadhaar authentication Due to pandemic physical veriication is risky So its easy to get online GST Aadhaar
veriication
ProcessofGSTregistrationAadhaarveriication
Applicant need to submit Aadhaar number along with application for registration under GST and then e -verify the same
on GST Portal using authentication link which is sent to Mobile Number and E-mail ID linked to Aadhaar Enter the OTP
sent on mobile number and email id and get e- validated
In conclusion GST has been a revolutionary tax system for India Most noteworthy many experts hail it as one of the
biggest tax reforms GST certainly is beneicial for the entire population of India
ARTICLE
ICSI-NIRC Newsletter I July 2021 73
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Dhiraj Kheriwal ACS
dhirajkheriwal5gmailcom
Indias Economy -Challenges
after Covid-19
COVID-19 pandemic is a signiicant shock to economies all around the world Even the major economies like the USA
have been badly mauled with unemployment rising and a cut in economic growth The Pandemic has caused a shock for
the Indian economy as well Consumption manufacturing exports capital lows the legs on which the Indian economy
had been growing have all been impacted adversely
India came out of lockdown about 2 months back with restrictions still in many parts of the country There is no magic
quick ix or shortcut to stimulate and restart demand in an economy which is the most important key to economic
revival next to vaccine becoming available This will take time patience and continuous effort Amidst this uncertainty
what will be key to revival is how people come out of their homes how people restart their lives how will it impact
demand organically and availability of capital when businesses are ready to kick start production to service demand
Potentialgrowthhasslowed-
Indias potential growth may have slowed down by over one percentage point due to the longer-than-expected
disruption caused by COVID-19 and a modest policy response so far UBS Securities said in a report
ldquoWe estimate Indias potential growth to have slowed to 6 (from 71 YoY estimated in 2017) due to longer-than-
expected disruption caused by the pandemic balance-sheet concerns faced by economic agents (especially the inancial
sector and households)rdquo ldquoThis implies dificult economic challenges for many years to comerdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 74
It said the biggest challenge before India would be its ability to create ample employment opportunities for the rising
working-age population
ldquoWe believe India needs to grow by at least 8 YoY annually just to absorb incremental labour force with a focus on
mobilisation of resources towards manufacturing and exportsrdquo
Climatechange-
Climate change threatens Indias attempts to improve its citizens standard of living More than 600 million Indians face
a cute water shortages Bangalore and New Delhi are two of the 21 cities that could deplete their groundwater in 2020 In
July 2019 the city of Chennai ran out of groundwater Over 200000 people die from contaminated water By 2030 40
of the population will have no access to drinking water
Most of Indias rainwater falls during the four-month monsoon season It isnt captured eficiently Climate change will
increase looding from these monsoons
IncreaseinEmployment
ARTICLE
ICSI-NIRC Newsletter I July 2021 75
The depth of the slowdown in the current inancial year means that a rebound is inevitable but unemployment could
hamper the recovery process The issue of migrant workers will have an impact on the economic growth and availability
of quality workers in the post-COVID-19 world will be a challenge
India should be wary of the challenges in smooth recovery in labour markets While GDP in India was growing
employment remained stagnant and if this trend continues its another problem Without a boost in employment
households incomes will be under strain consumer sentiments will be low and the economic recovery will be sluggish
Predominanceofagriculture-
Less developed countries live mainly upon agriculture and extractive industries like mining isheries and forests
Predominance of agriculture is explained from the viewpoint of sectoral composition of national income and
occupational pattern
In India in 1950- 51 more than 55 pc of our GDP came from the agricultural sector or the so- called primary sector In
2007-08 however the contribution of this sector toward GDP came down to194 pc
Theightwillbeaboutincreasingeconomicactivity-
With the lockdown the economic activity came to a grinding halt in India from the end of March Domestic consumption
almost wiped out Pay cuts and layoffs combined with fear of spread led to lack of shopping and completely eroded
demand
While the non-discretionary spending on groceries and other essential items remained largely unscathed during the
lockdown the revival in consumption will be driven by discretionary as well as non-discretionary spending Despite the
Indian governments decision to remove most the demand scenario is expected to remain weak for most of the current
inancial year But it could make a comeback next year
And as the uncertainty surrounding income and jobs reduces economists believe that some people will be able to raise
their discretionary spending on non-essential goods during festive season and thereafter lowing into 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 76
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Abhishek Goyal FCS
abhishekcsajmergmailcom
TREATMENT OF GST ONRESTAURANT BUSINESS
Implications of GST on restaurant business makes an interesting study and is important from the point of view of GST
consulting and practicing service to be rendered by practicing Company Secretaries as GST provides a promising
practicing and consulting platform for Company Secretaries
Let us now discuss these implications in the form of questions and answers which would enable the reader to get an easy
understanding of the provisions of GST in this regard
Q1 Please explain place of supply provisions in case of restaurant business and its importance for such business
Ans As per sub section (4) of Section 12 of the IGST Act place of supply in case of restaurant business is determined on
performance basis In other words place of supply (POS) in case of restaurant service is considered on performance
basis Accordingly POS in case of restaurants shall be the place where such service was actually performed which is
usually the place where such restaurant is situated
POS is important for both goods and services as the taxable event in GST is supply of goods and services
Q2 Whether restaurant owners can avail composition scheme under GST
Ans Yes composition scheme is open to restaurant business owners
Q3 What is the effective rate of GST on restaurant business under composition scheme
Ans It is 5 subject to maximum turnover of Rs 15 crores
Q4 We are running a food joint located in a standalone building with takeaway as well as sitting facilities to our
customers We are registered under GST normal scheme Can we take beneit of ITC on purchases made by us in relation
to our outward services
Ans A restaurant or a food joint or an eatery located in a standalone building ie not being located inside any hotel inn
guest house or club is not eligible for availing ITC even if purchases made by it were in the course of and in furtherance of
its business Such restaurants shall charge GST 5 on their services without ITC
Q5 We are running a standalone restaurant We have purchased an oven and a chimney for the purpose of our
restaurant Can we avail ITC on it
Ans As already stated in answer to question no 3 no ITC is available to a standalone restaurant even if goods or services
are availed in the course of or in furtherance of business
Q6 Would your answer be different if we are located in a hotel
Ans If a restaurant is located inside a hotel inn guest house lodge or a club where room rent per day exceeds Rs 7500-
the restaurant can avail ITC however GST rate in that case will be 18 In other words such a restaurant will have to
charge GST at 18 which in the case mentioned in reply to question no 1 is 5
ARTICLE
ICSI-NIRC Newsletter I July 2021 77
Q7 Is there any difference in GST rate for AC and Non AC restaurants
Ans The different GST rates prescribed for AC and non AC restaurants have been done away with All restaurants
whether AC or non AC are subject to GST rate of 5 without ITC or 18 with ITC depending upon whether restaurant is
located in a standalone building or inside an hotel inn guest house club etc where room rent per day is above Rs 7500-
Q8 We are engaged in outdoor catering services what are the GST implications for us
Ans For outdoor catering services as of now the GST rate is 18 with ITC
Q9 A restaurant is located inside a three star hotel with room rent of more than Rs 7500- per day The restaurant is also
offering some sweets which may be ordered as a takeawayparcel or may be consumed on a table in the restaurant itself
What are the GST implications on both situations
Ans Sweets attract 5 GST so take away from the counter will attract 5 GST only Whereas if sweets are consumed on a
table in the restaurant itself then it will attract GST at 18 since restaurant is located inside a hotel with room tariff of Rs
7500- and above
Q10 We are a moving restaurant and are providing over the counter take away and parcel services to our customers
What is the GST rate to be charged
Ans In this case GST to be charged is 5 without ITC
Q11 We are running a school We have an in house canteen for the beneit of our staff and students What are the GST
implications on us in the two situations
(i) if we supply food and beverages to our staff and students ourselves
(ii) if we engaged a contractor for running the canteen and to provide food and beverages to our staff and students
Ans In the situation (i) GST is exempt
In situation (ii) GST to be charged is 5 In this case the contractor is liable to charge GST at 5
ARTICLE
ICSI-NIRC Newsletter I July 782021
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shubham Budhiraja ACS
shubhambudhiraja02gmailcom
PROVISIONAL ATTACHMENTUNDER GST amp DOCTRINE OF
PROPORTIONALITYThe GST Fraud case initiated against GM Power-tech for issuances of fake invoices to various companies including MS
Radha Krishnan (Appellant) The joint commissioner thereafter in exercise of its delegate powers issued Notice under
Section 83 for provisional attachment of bank account of appellant which was challenged by appellant before HC in Writ
petition which was dismissed due to availability of alternative remedy in GST Act The Supreme Court held that exercise
of power by Joint Commissioner under Section 83 provisional attachment was in violation to provisions of law and
against principles of Order 38 Rule 5 and without application of mind and thus Writ was maintainable Hence HC
committed error in law in refusing the Writ
(i) Whetherwritpetitionmaintainableagainstorderofprovisionalattachmentundergstact
yesiforderiswithoutapplicationofmindoragainstprincipleofnaturaljusticeorwithoutjurisdiction
(ii)Whetherorderofprovisionalattachmentcanbeusedtogetspeedyrecoveryofstaterevenueundergst
act
Noprovisionalattachmentisbasedonproportionalitydoctrine
WritPetitionunderArticle226ampExceptionToRuleOfAlternateRemedy
(I) AssistantCommissioner (CT)LTUKakinadaandothersvGlaxoSmithKlineConsumerHealthCare
LimitedAIR2020SC2819 There are certain exceptions to the ldquorule of alternate remedyrdquo include where
- The statutory authority has not acted in accordance with the provisions of the law or
- acted in deiance of the fundamental principles of judicial procedure or
- has resorted to invoke provisions which are repealed or
- Where an order has been passed in violation of the principles of natural justice
(II)WhirlpoolCorporationvRegistrarofTrademarksMumbai(1998)8SCC1 R u l e o f a l t e r n a t i v e
remedy not to operate as a bar in at least three contingencies namely where the writ petition has been iled for
the
- Enforcement of any of the Fundamental Rights or
- There has been a violation of the principle of natural justice or
- Order or proceedings are wholly without jurisdiction or
- The vires of an Act is challenged
Analysis
(I) The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of
fundamental rights but for any other purpose as well
(II) The High Court has the discretion not to entertain a writ petition One of the restrictions placed on the power of
the High Court is where an effective alternate remedy is available to the aggrieved person
(III) Exceptions to the rule of alternate remedy arise where
ARTICLE
ICSI-NIRC Newsletter I July 2021 79
(a) the writ petition has been iled for the enforcement of a fundamental right protected by Part III of the
Constitution
(b) there has been a violation of the principles of natural justice
(c) order or proceedings are wholly without jurisdiction
(d) the vires of a legislation is challenged
(IV) An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the
Constitution in an appropriate case though ordinarily a writ petition should not be entertained when an
eficacious alternate remedy is provided by law
(V) When a right is created by a statute which itself prescribes the remedy or procedure for enforcing the right
or liability resort must be had to that particular statutory remedy before invoking the discretionary remedy
under Article 226 of the Constitution This rule of exhaustion of statutory remedies is a rule of policy
convenience and discretion and
(VI) In cases where there are disputed questions of fact the High Court may decide to decline jurisdiction in a
writ petition However if the High Court is objectively of the view that the nature of the controversy requires
the exercise of its writ jurisdiction such a view would not readily be interfered with
AttachmentbeforeJudgmentampProvisionalAttachment
(I) RamanTechProcessEnggCoandAnrvSolankiTraders2008(1)RCR(Civil)195
(A) The power under Order 38 Rule 5 Civil Procedure Code is a drastic and extraordinary power Such
power should not be exercised mechanically or merely for the asking It should be used sparingly and
strictly in accordance with the Rule The purpose of Order 38 Rule 5 not to convert an unsecured debt
into a secured debt Any attempt by a plaintiff to utilize the provisions of Order 38 Rule 5 as a leverage for
coercing the defendant to settle the suit claim should be discouraged
(II)ValeriusIndustriesvUnionofIndia2019(30)GSTL15(Gujarat)
(A) The power under Section 83 of the Act for provisional attachment should be exercised only if there is
suficient material on record to justify the satisfaction that the assessee is about to dispose of wholly or
any part of hisher property with a view to thwarting the ultimate collection of demand and in order to
achieve the said objective the attachment should be of the properties and to that extent it is required to
achieve this objective
(B) The power under Section 83 of the Act should neither be used as a tool to harass the assessee nor should
it be used in a manner which may have an irreversible detrimental effect on the business of the assessee
(C) The attachment of bank account and trading assets should be resorted to only as a last resort or measure
The provisional attachment under Section 83 of the Act should not be equated with the attachment in
the course of the recovery proceedings
(III)JaiAmbeyFilamentPvtLtdvUnionofIndia2021(44)GSTL41(Gujarat)
(A) Subjective satisfaction as to the need for provisional attachment must be based on credible information
that the attachment is necessary
(B) The opinion cannot be formed based on ldquoimaginary grounds wishful thinking howsoever laudable that
may berdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 80
(IV)PatranSteelRollingMillvAssistantCommissionerofStateTaxUnit22019(20)GSTL732(Gujarat)
(A) Two instances in which provisional attachment would be apposite these being where the
- assessee is a ly by night operator and
- If the assessee will not be able to pay its dues after assessment
(V) ProexFashionPrivateLimitedvGovernmentofIndiaWP(C)11245of2020dated6January2021
Conditions for the invocation of Section 83 of the SGST Act
I Order should be passed by Commissioner
II Proceeding under Section 62 or 63 or 64 or 67 or 73 or 74 should be pending
III Commissioner must form an opinion
IV Order should be passed to protect interest of revenue
V It must be necessary to attach property
(VI)UFVIndiaGlobalEducationvUnionofIndia2020(43)GSTL472
Pendency of proceedings under the sections mentioned in Section 83 viz Sections 62 or 63 or 64 or 67 or 73
or 74 is the sine qua non for an order of provisional attachment to be issued under Section 83
(VII)KaishImpexPrivateLimitedvUnionofIndia(2020)6AIRBomR122
(A) Taxable account of the taxable person can be attached against whom the proceedings under the sections
are initiated Section 83 does not provide for an automatic extension to any other taxable person from an
inquiry speciically launched against a taxable person under these provisions
(B) The format of the order ie the form GST DRC-22 also speciies the particulars of a registered taxable
person and which proceedings have been launched against the aforesaid taxable person indicating a nexus
between the proceedings to be initiated against a taxable person and provisional attachment of bank
account of such taxable person
(V)VishwanathRealtorvStateofGujaratSpecialCivilNo7210of2015decidedon29April2015
(A) Satisfaction must be on some tangible material on objective facts with the Commissioner In a given case on
the basis of the past conduct of the dealer and on the basis of some reliable information that the dealer is
likely to defeat the claim of the Revenue in case any order is passed against the dealer under the VAT Act
andor the dealer is likely to sale his properties andor sale andor dispose of the properties and in case
after the conclusion of the assessmentreassessment proceedings if there is any tax liability the Revenue
may not be in a position to recover the amount thereafter in such a case only however on formation of
subjective satisfactionopinion the Commissioner may exercise the powers under Section 45 of the VAT
Act
ARTICLE
ICSI-NIRC Newsletter I July 2021 81
SECTION83ampITSCONDITIONS
(i) The power to order a provisional attachment is entrusted during the pendency of proceedings under any one of
six speciied provisions Sections 62 63 64 67 73 or 74 In other words it is when a proceeding under any of
these provisions is pending that a provisional attachment can be ordered
(ii) The power to order a provisional attachment has been vested by the legislature in the Commissioner
(iii) Before exercising the power the Commissioner must be ldquoof the opinion that forthepurpose of protecting the
interest of the government revenue it is necessarysotodordquo
(iv) The order for attachment must be in writing
(v) The provisional attachment which is contemplated is of any property including a bank account belonging to the
taxable person and
A provisional attachment under Section 83 is contemplated during the pendency of certain proceedings meaning
thereby that a inal demand or liability is yet to be crystallized An anticipatory attachment of this nature must
strictly conform to the requirements both substantive and procedural embodied in the statute and the rules The
exercise of unguided discretion cannot be permissible because it will leave citizens and their legitimate business
activities to the peril of arbitrary power Each of these ingredients must be strictly applied before a provisional
attachment on the property of an assesses can be levied The Commissioner must be alive to the fact that such
provisions are not intended to authorize Commissioners to make preemptive strikes on the property of the assessee
merely because property is available for being attached There must be a valid formation of the opinion that a
provisional attachment is necessary for the purpose of protecting the interest of the government revenue
PROPORTIONALITYampSECTION83
The expressions in Section 83 give regard to both the purpose and necessity of provisional attachment implicate the
doctrine of proportionality Proportionality mandates the existence of a proximate or live link between the need for the
attachment and the purpose which it is intended to secure It also postulates the maintenance of a proportion between
the nature and extent of the attachment and the purpose which is sought to be served by ordering it
Moreover the words embodied in Section 83(1) would leave no manner of doubt that while ordering a provisional
attachment the Commissioner must in the formation of the opinion act on the basis of tangible material on the basis of
which the formation of opinion is based in regard to the existence of the statutory requirement
CONCLUSION
(I) Order 38 Rule 5 CPC provides for provision of Attachment before Judgment
(II) Section 83 of CGST Act 2017 are on same principle provides for Provisional attachment of any property of
assesse by commissioner for protecting interest of Govt Revenue
(III) Section 83 is based on Proportionality doctrine ndash ldquo for the purpose of necessity to do sordquo
(IV) Provisional attachment is based on test of Tangible Material
(V) Under the provisions of Rule 159(5) the person whose property is attached is entitled to dual procedural
safeguards
ARTICLE
ICSI-NIRC Newsletter I July 2021 82
(a) An entitlement to submit objections on the ground that the property was or is not liable to attachment
and
(b) An opportunity of being heard
(VI) The Opinion to passes order for Provisional attachment has to be on basis of material on record and based
on proportionality doctrine
(VII) Mere for expediency in revenue recover is not a ground for which provisional attachment to be passed
(VIII) Provisional attachment is draconian in nature
(IX) Section 83 does not provide for an automatic extension to any other taxable person from an inquiry
speciically launched against a taxable person under these provisions
(X) Since power to provisional attachment is delegated to Joint commissioner under Section 5(3) hence there is
no appeal available to Appellate authority under Section 107(1) because joint commissioner is not
performing functions of commissioner but of delegate Hence Writ petition was maintainable
(XI) Even where alternative remedy is available writ can be maintainable where
(a) Matter involved is of Fundamental rights
(b) Matter involved is of Natural Justice non-application of mind
(c) Matter involved absence of jurisdiction excess of jurisdiction
chapters of nirc of icsibull Agra
bull Ajmer
bull Alwar
bull Amritsar
bull Bareilly
bull Bhilwara
bull Bikaner
bull Chandigarh
bull Dehradun
bull Faridabad
bull Ghaziabad
bull Gorakhpur
bull Gurugram
bull Jaipur
bull Jalandhar
bull Jammu
bull Jodhpur
bull Kanpur
bull Karnal
bull Kota
bull Luchnow
bull Ludhiana
bull Meerut
bull Modinagar
bull Noida
bull Panipat
bull Patiala
bull Prayagraj
bull Shimla
bull Srinagar
bull Udaipur
bull Varanasi
ARTICLE
ICSI-NIRC Newsletter I July 2021 83
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shikha Saxena ACS
shikhasaxena214gmailcom
Goods andService Tax
Introduction GST was introduced to replace multiple indirect taxes levied by State and Central Government GST is
Single domestic indirect tax law for the entire country So it is an indirect tax which replaced many indirect taxes in India
such as excise duty VAT Service tax etc
Features
1 Destination Based Tax
2 Multi stage
DestinationBasedTax
It means tax will be levied at the place where goods and services are consumed not at the origin So the state which
consume the goods and services will have right to collect GST
Example A good is manufactured in Rajasthan and sold in Gujrat then the Rajasthan Government will receive revenue
from taxing manufacturing and warehousing whereas Gujrat Government will receive the revenue of the inal sale
MultiStage
GST is levied on on value addition done on every stage
Example Once raw material has been bought value is added by manufacturer by means of making the raw material into
a product The warehousing is the next step where value is added which is then sold to retailers where the inal addition
of value is done At each step GST will be levied
DifferenceBetweenGSTandearlierTaxSystem
EarlierTaxSystem GST
Goods
Manufacture Sale Excise Duty VatSales Tax
In case of Service Service Tax levied
GoodsServices
Supply
GST
Central GST Integrated GST State GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 84
HowGSTisBeneicialascomparetoearliertaxstructure
1 Removing the cascading effect of Tax
2 Higher threshold for GST Registration
3 Composition Scheme for small business
4 Simpler online facilities for GST Compliance
5 Deined treatment for e-commerce activities
6 Regulating the unorganized sector
In simple terms it can be explained through example
EarlierSystem GSTSystem
Product sale from Rajasthan to Gujrat Price Rs 1000 Price Rs 1000
VAT 10 Rs 100 CGST 5 Rs 50
Total Cost Rs 1100 SGST 5 Rs 50
Total Cost Rs 1100
Product sale from Gujrat to Haryana Cost Price Rs 1100 Cost Price Rs 1100
Proit Rs 1000 Proit Rs 1000
Sell Price = Cost + Proit Sell Price = Cost + Proit
Sell Price Rs 2100 Sell Price Rs 2100
CST 10 Rs 210 IGST 10 Rs 110
Total Price Rs 2310 Total Price Rs 2210
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
In the end every time an individual is able to claims the input tax credit the sale price is reduced and the cost price for
the buyer is reduced because of lower tax liability The inal value of the product is therefore reduced from Rs2310 to Rs
2210 thus reducing the tax burden on the inal customer
BeforestudyinggointodeeperitisnecessarytounderstandthejourneyofGSTin
IndiaHistoryofGSTinIndia
ARTICLE
ICSI-NIRC Newsletter I July 2021 85
ComponentsofGST
CGST Central Goods and Service Tax
They are levied by the central government for intrastate movement of goods and services Intrastate means within one
state CGST revenues go to the central government
SGST State Goods and Services Tax
They are levied by the state government thats state indirect taxes It is the tax collected by the state government on an
intra-state sale
IGST Integrated Goods and Services Tax
It is a tax collected by the Central Government for an inter-state sale
Sale Within the State CGST + SGST Revenue will be shared equally between the centre and the State
Sale to another State IGST There will only be one type of tax (central) in case of inter state sale The centre
will then share the IGST revenue based on the destination of goods
Turnover(ForsaleofGoods)
Registration Effective
Exceeds Rs 20 Lakh Yes- For Normal Category States stEffective from 1 April 2019
Exceeds Rs 20 Lakh Yes- For Special Category States stEffective from 1 April 2019
ForProvidingServices
Persons providing services need to register if their aggregate turnover exceeds Rs 20 Lakh for normal category states
and Rs 10 Lakh for Special category states
Asperthenewamendmentanoptionwasgiventothestatestooptfornewlimitsor
continuetheearlierstatusquo
N o r m a l C a t e g o r y
StateUTforanewlimit
ofRs40Lakh
Kerala Chhattisgarh Jharkhand Delhi Bihar Maharashtra Andhra Pradesh Gujrat
Haryana Goa Punjab Uttar Pradesh Himachal Pradesh Karnataka Madhya Pradesh
Odisha Rajasthan Tamil Nadu West Bengal Lakshadweep Dadra and Nagar Haveli
Daman and Diu Andaman and Nicobar Island and Chandigarh
NormalCategorystatewhochoosestatusquo
Telangana
SpecialcategoryStateswhooptedfornewlimitofRs40Lakh
Jammu and Kashmir and Assam
SpecialCategoryStateswhooptedfornewlimitofRs20Lakh
Puducherry Meghalaya Mizoram Tripura Manipur Sikkim Nagaland Arunachal Pradesh Uttarakhand
ARTICLE
ICSI-NIRC Newsletter I July 2021 86
Section 24 of the Central Goods and Service Tax Act 2017 explains the Provisions of compulsory registration
Oslash The person engaged in the inter-state taxable supply of goods or services or both
Oslash A casual taxable person engaged in taxable supply
Oslash Persons liable to pay tax under reverse charge mechanism
Oslash A non-resident taxable person engaged in providing taxable supply
Oslash A person liable to pay tax under section 9 (5) of the Act
Oslash The person liable to deduct tax at source (TDS)
Oslash Input Service Distributor
Oslash E-commerce operator
Oslash Person supplying online information and database access or retrieval services from a place outside India to a
person in India other than a registered taxable person
SlabRates
There are around six slabs of rates as per latest council meeting of GST
Rates Particulars
5 Cream and yogurt paneer cashew nut raisins fruit and nuts and a few others Now for these products
25 goes to the state government and the rest 25 goes to the CGST Many household items are
covered in this section
12 Citrus fruits jams sausages 20l drinking water statues pots and jars geometry box cutlery railway
coaches printer ink wooden toys and more Here for every product 6 goes towards CGST and 6
goes towards SGST This section covers processed food to a great extent
18 Bindis chocolates fountain pens tripods soap toothpaste and industrial intermediate products are
therein this slab Here 9 goes towards SGST and 9 goes towards CGST The central goods and
services tax act 2017 has a full list of items
28 Cigarettes caffeinated beverages pan masala motor cars and motorcycles air conditioners
refrigerators etc Mainly luxury items are covered in this sector In this 14 goes towards SGST and
14 goes towards CGST
3 Coins gold silver platinum imitation jewellery etc are taxed at 3 Here 15 goes towards SGST
and 15 towards CGST
25 Precious stones are taxed at 025 where 0125 goes towards CGST and 0125 goes towards SGST
0 There are also some products that are taxed at 0 basically they are tax free
Mammals live swine live bovine mammals birds insects ish curd lassi buttermilk bananas
apples grapes human hair sanitary napkins among others
ARTICLE
ICSI-NIRC Newsletter I July 2021 87
The central GST Act 2017 has a full updated list of all items under all GST tax slabs
NewCompliancesUnderGST
E-WaysBills E-invoicing
M a n u f a c t u r e r s t r a d e r s a n d
transporters can generate e-way bills
for the goods transported from the
place of its origin to its destination on
a common portal with ease
Tax authorities are also beneited as
this system has reduced time at check
-posts and helps reduce tax evasion
It is applicable on whose turnover of more than Rs500 crore in any preceding
inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100
crore
These businesses must obtain a unique invoice reference number for every
business-to-business invoice by uploading on the GSTNs invoice registration
portal The portal veriies the correctness and genuineness of the invoice
Thereafter it authorises using the digital signature along with a QR code
e-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to
the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the
generation of e-way bills too
Penalty If a person commits any GST offenseSection 122 to 138 of the GST Act deines Offences and Penalties under
GST
They divide the offences into two categories
A Offences Attracting Fiscal Penalties
B Offences Attracting Prosecution
It is very dificult to wrap up the entire GST Act into one article but here is the brief of GST to understand it better and
work towards it For more details you can Study Central Goods and Services Act 2017 and also contact on the given mail
ID
ARTICLE
ICSI-NIRC Newsletter I July 2021 88
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS shashank kothiyal ACS
shashankkothiyal9gmailcom
GST A Boon forIndian Economy
Introduction
Whether it was uniformity of taxation and consequent free interior trade or possession of the jewel in the crown at the
root of prosperity of Britain is debatable nonetheless the words of father of modern economics on the beneits of
uniformity of system of taxation cannot be taken too lightly Before implementation of Goods and Service Tax (GST)
Indian taxation system was a farrago of central state and local area levies By subsuming more than a score of taxes
under GST road to a harmonized system of indirect tax has been paved making India an economic union
Genesis
Several countries have already established the Goods and Services Tax In Australia the system was introduced in 2000
to replace the Federal Wholesale Tax GST was implemented in New Zealand in 1986 A hidden Manufacturers Sales Tax
was replaced by GST in Canada in the year 1991 In Singapore GST was implemented in 1994 GST is a value-added tax in
Malaysia that came into effect in 2015
Introduction
ARTICLE
ICSI-NIRC Newsletter I July 2021 89
MonthYear JourneyofGST
2000 In India the idea of adopting GST was irst suggested by the Atal Bihari Vajpayee Government in 2000
The state inance ministers formed an Empowered Committee (EC) to create a structure for GST based
on their experience in designing State VAT Representatives from the Centre and states were requested
to examine various aspects of the GST proposal and create reports on the thresholds exemptions
taxation of inter-state supplies and taxation of services The committee was headed by Asim
Dasgupta the inance minister of West Bengal Dasgupta chaired the committee till 2011
2004 A task force that was headed by Vijay L Kelkar the advisor to the inance ministry indicated that the
existing tax structure had many issues that would be mitigated by the GST system
February2005
The inance minister P Chidambaram said that the medium-to-long term goal of the government was
to implement a uniform GST structure across the country covering the whole production-distribution
chain This was discussed in the budget session for the inancial year 2005-06
February2006
The inance minister set 1 April 2010 as the GST introduction date
November2006
Parthasarthy Shome the advisor to P Chidambaram mentioned that states will have to prepare and
make reforms for the upcoming GST regime
February2007
The 1 April 2010 deadline for GST implementation was retained in the union budget for 2007-08
February2008
At the union budget session for 2008-09 the inance minister conirmed that considerable progress
was being made in the preparation of the roadmap for GST The targeted timeline for the
implementation was conirmed to be 1 April 2010
July2009 Pranab Mukherjee the new inance minister of India announced the basic skeleton of the GST system
The 1 April 2010 deadline was being followed then as well
November2009
The EC that was headed by Asim Dasgupta put forth the First Discussion Paper (FDP) describing the
proposed GST regime The paper was expected to start a debate that would generate further inputs
from stakeholders
February2010
The government introduced the mission-mode project that laid the foundation for GST This project
with a budgetary outlay of Rs 1133 crore computerised commercial taxes in states Following this
the implementation of GST was pushed by one year
March2011 The government led by the Congress party puts forth the Constitution (115th Amendment) Bill for the
introduction of GST Following protest by the opposition party the Bill was sent to a standing
committee for a detailed examination
June2012 The standing committee starts discussion on the Bill Opposition parties raise concerns over the 279B
clause that offers additional powers to the Centre over the GST dispute authority
November2012
P Chidambaram and the inance ministers of states hold meetings and set the deadline for resolution
of issues as 31 December 2012
ARTICLE
ICSI-NIRC Newsletter I July 2021 90
February2013
The inance minister during the budget session announces that the government will provide Rs9000
crore as compensation to states He also appeals to the state inance ministers to work in association
with the government for the implementation of the indirect tax reform
August2013 The report created by the standing committee is submitted to the parliament The panel approves the
regulation with few amendments to the provisions for the tax structure and the mechanism of
resolution
October2013
The state of Gujarat opposes the Bill as it would have to bear a loss of Rs 14000 crore per annum
owing to the destination-based taxation rule
May2014 The Constitution Amendment Bill lapses This is the same year that Mr Narendra Modi was voted into
power at the Centre
December2014
Indias new inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in
the parliament The opposition demanded that the Bill be sent for discussion to the standing
committee
February2015
Mr Jaitley in his budget speech indicated that the government is looking to implement the GST system
by 1 April 2016
May2015 The Lok Sabha passes the Constitution Amendment Bill Jaitley also announced that petroleum would
be kept out of the ambit of GST for the time being
August2015 The Bill is not passed in the Rajya Sabha Jaitley mentions that the disruption had no speciic cause
March2016 Mr Jaitley says that he is in agreement with the Congresss demand for the GST rate not to be set above
18 But he is not inclined to ix the rate at 18 In the future if the Government in an unforeseen
emergency is required to raise the tax rate it would have to take the permission of the parliament So a
ixed rate of tax is ruled out
June2016 The Ministry of Finance releases the draft model law on GST to the public expecting suggestions and
views
August2016 The Congress-led opposition inally agrees to the Governments proposal on the four broad
amendments to the Bill The Bill was passed in the Rajya Sabha
September2016
The Honourable President of India gives his consent for the Constitution Amendment Bill to become
an Act
The GST Council also inalised on the GST rates and GST rules The Government declares that the GST Bill will be
applicable from1July2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 91
Pre-GSTIndirectTaxStructureinIndia
GSTLawfromaConstitutionalPerspective
A DeinitionofGST
ldquoGoods and services taxrdquo means any tax on supply of goods or services or both except taxes on the supply of the alcoholic
liquor for human consumption As per Article 366(12A)
GoodsandServicesTax(GST) is anindirecttax(orconsumptiontax) used in India on the supply of goods and
services It is a comprehensive multistage destination-based tax comprehensive because it has subsumed almost all
the indirect taxes except a few state taxes Multi-staged as it is the GST is imposed at every step in the production
process but is meant to be refunded to all parties in the various stages of production other than the inal consumer and
as a destination-based tax it is collected from point of consumption and not point of origin like previous taxes
B ConstitutionalAmendment
bull Bill passed by Rajya Sabha on 03082016 amp Lok Sabha on 08082016
bull Notiied as Constitution (101st Amendment ) Act 2016 on 08092016
bull Key Features
uuml Concurrent jurisdiction for levy amp collection of GST by the Centre amp the States ndash Article 246A
uuml Centre to levy amp collect IGST on supplies in the course of inter-State trade or commerce including imports ndash
Article 269A
uuml Compensation for loss of revenue to States for ive years on recommendation of GSTC ndash Clause 19
uuml GST on petroleum crude high speed diesel motor spirit (commonly known as petrol) natural gas amp aviation
turbine fuel to be levied from a later date on recommendations of GSTC
ARTICLE
ICSI-NIRC Newsletter I July 2021 92
BeneitsofGST-AdvantageandDisadvantage
Advantages Disadvantage
1 The most important beneit is the removal of cascading
effect ie removal of tax on tax
2 Starting from registration to iling returns and payment
of GST tax its an online procedure
3 Startups wont be running around tax ofices for various
registrations and procedures under excise service tax
and VAT
4 Higher threshold for registration
5 Composition scheme for small business The purpose is
to ease the burden of compliance which enables the
small businesses to focus more on business and less on
compliance
1 The GST structure has been marketed well to portray it
as a simple concept but in reality the understanding is
complicated and distortionary to fully exploit the
expected beneits
2 Multiple tax rates and many complexities will result into
tax disputes and lead to more corruption
3 High confusion regarding the product classiication and
multiple rates is a major concern
4 The food industry has criticized the levying of higher
rates on value-added manufactured goods and has
asked for a simpler regime
5 Items like (i) Alcohol (ii) Real Estate and (iii) Electricity
have been kept out of this regime defeating the purpose
of one tax
ComponentsofGST
GST would be levied on a common base by both the central and the state government simultaneously The dual GST can
be categorized into the following
middot CentralGST(CGST)- GST to be levied by the central government
middot StateGST(SGST)UnionTerritoryGST(UTGST)- GST to be levied by statesUnion Territories with legislature
IntegratedGST(IGST)- GST levied by central government on inter-state supply of goods and services to ensure that the
credit chain is not disrupted Apart from the applicable custom duties import of goods and services would be treated as
inter-state supplies and would therefore be subject to IGST
ARTICLE
ICSI-NIRC Newsletter I July 2021 93
GSTRates
At the time of GST implementation former Finance Minister the late Mr Arun Jaitley said that the government wanted to
keep the GST rates close to the original rates But there were differences in case of some items because of the changes in
the economy as well as customer preferences Some commodities were kept in the high tax bracket (18-28) but on
scrutinizing the list they found that these commodities should be considered as necessities and not luxuries This is why
the GST rates were revised for commodities such as notebooks exercise books
FewGSTRatesare
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central ExciseService tax
Revenue will be shared equally between the Centre and the State
Sale to another State IGST Central Sales Tax + ExciseService Tax
There will only be one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
TaxRate Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
CompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
uuml E-WayBills GST introduced a centralised system of waybills by the introduction of ldquoE-way billsrdquo This system was
launched on 1st April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of
goods in a staggered manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods
transported from the place of its origin to its destination on a common portal with ease Tax authorities are also
beneited as this system has reduced time at check -posts and helps reduce tax evasion
uuml E-invoicing The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual
aggregate turnover of more than Rs 500 crore in any preceding inancial years (from 2017-18) Further from 1st
January 2021 this system was extended to those with an annual aggregate turnover of more than Rs100 crore
These businesses must obtain a unique invoice reference number for every business-to-business invoice by
uploading on the GSTNs invoice registration portal The portal veriies the correctness and genuineness of the
invoice Thereafter it authorises using the digital signature along with a QR code
E-Invoicing allows interoperability of invoices and helps reduce data entry errors It is designed to pass the invoice
information directly from the IRP to the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way bills too
ARTICLE
ICSI-NIRC Newsletter I July 2021 94
GoodsampServicesTax(GST)Council
GST Council is a constitutional body for making recommendations to the Union and State Government on issues related
to Goods and Service Tax The GST Council is chaired by the Union Finance Minister and other members are the Union
State Minister of Revenue or Finance and Ministers in-charge of Finance or Taxation of all the States
The Union Cabinet in its meeting held on 12th September 2016 approved setting-up of GST Council and setting up its
Secretariat As per Article 279A of the amended Constitution the GST Council which will be a joint forum of the Centre
and the States shall consist of the following members -
i Chairperson ndash Union Finance Minister
ii Vice Chairperson - to be chosen amongst the Ministers of State Government
iii Members - MOS (Finance) and all Ministers of Finance Taxation of each State
uuml Quorum is 50 of total members
uuml Decision by 75 majority
uuml States - 23 weightage and Centre - 13 weightage
uuml Council to make recommendations on everything related to GST including laws rules and rates etc
Introduction
stWe are living in 21 Century ie in the age of social media With the handy use of social media the question comes
whether these instant messages ie Whatsapp Messages are of any legal relevance and admissible in Courts
Lately now courts have begun to admit instant messages and pictures sent on these platforms as evidence in both
Criminal as well as Civil matters
ArewhatsappChatsadmissibleasEvidence
In this present digital world electronic devices are used frequently especially for business transactions One of the most
common tool for communication is Whatsapp With digitization the Indian judiciary has also become more advanced
and techno-friendly The Parliament had enacted the Information and Technology Act 2000 to redeine the deinition of
electronic record undersection2(1)(t)of Information and Technology Act 2000With the help of mobile phones
people are daily expressing themselves which results in extensive collection of records that may become evidence in
legal matters
CurrentScenarioofIndianlegalSystem
Section 65(B) of Indian Evidence Act was introduced in Information Technology Act 2000 in order to consider
electronic communication viz Email Computer generated documents Whatsapp messages etc as valid evidence in the
Courts of law A 3-judge bench of the Honble Supreme Court of India has recently clariied and elaborated the law on
thadmissibility of digital evidence in judicial proceedings vide its judgment dated 14 July 2020 in the matter of Arjun
PanditraoKhotkarvKailashKushanraoGorantyalampOrs
It was held that certiicate under Section 65B (4) of the Evidence Act (ldquoActrdquo) is essential for admissibility of electronic
records stating that the same is to the best of his knowledge and belief These measures are taken by the court to ensure
the source and authenticity of the electronic record Electronic evidence can be easily tampered altered with hence
these safeguards prove to be very signiicant to ensure justice especially in the cases where the conclusion of the trial is
based on the electronic records
1 The Punjab and Haryana High Court has ruled that WhatsApp messages may be relied upon by investigating
agencies during a crime investigation but a certiicate Section 65B of the Indian Evidence Act is essential for the
same (RakeshKumarSinglavUnionofIndia)
ARTICLE
ICSI-NIRC Newsletter I July 2021 95
Whether Whatsapp Chats areAdmissible In Courts
CS Akshit Gupta FCS
csakguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
2 AnvarPVVersusPKBasheer2014In this case the Court has interpreted Section 22A 45A 59 65A and 65B
of the Evidence Act and held that secondary information in CDDVDPen Drive is not acceptable without a
certiicate us 65 B (4) of Evidence Act
RelevanceoftheBlueTickintheAdmissibilityofWhatsappChat
The Bombay High Court while hearing an application iled by the SBICardsandPaymentsServicesPvtLtd(the
claimant)againstaresidentRohitJadhav observed that the defaulter who was evading the bank had not only
received the notice in a PDF ile but also opened it and read its contents This means he knows about the notice of bank
and he cannot invalidate such notice on the grounds of sending the same through the digital mode
JusticeGautamPatelheld in the above mentioned case that ldquoFor the purpose of service of the notice I will accept this I
do so because the blue icon indicators clearly show that not only were the message and its attachment delivered to the
respondents number but that both were openedrdquo
Conclusion
Laws relating to admissibility of electronic evidence are still facing some issues There are various questions which are
arising relating to authorship of certiicate Since admissibility of electronic evidence in the court are still facing few
issues even after the twenty years of Information Technology Act came into force we expect some major developments
and amendments in regards of these loophole
ARTICLE
ICSI-NIRC Newsletter I July 2021 96
dkekch dh jkg bruh vklku Hkh ugha
lius lHkh ckdh gS tks ns[ks Fks dHkhA
tu iy Hkj dk esjh fQrjr esa ugha
lQyrk dh cqfukn eSa fy[k jgk gwiexcl vHkhAA
rkmez bd [okc thfor jguk pkfg
esjs kgj ls d ubZ kqvkr gksuh pkfgA
eafty feys k uk feys s vyx ckr gS
lPph dksfkk dks mldk buke feyuk pkfgAA
ARTICLE
ICSI-NIRC Newsletter I July 2021 97
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
हम कपनी सिचव ह िसफ हार नही ह
िहम िशला पर िलखा वो लख नही जो पल म िपघल जाय
िशला पर िलखा वो लख ह जो अिमट अर ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
अजन की गाडीव सा कलम ह हमारा
क की सदसन सा तज ह ान
कानन की धाराओ और अनछदो स नही ह हम अनजान
ा ण भगर लोभनो क वजह स हम िनरर ह
कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
हम वा ही नही ितवा भी हम ही ह
हम वो ह जो िनर सदा ही ह
हम तो ान क गगन म गगनचर पख ह
कानन क जगत म हम एक अिधकत हार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
dEiuh lfpoCS Prahalad Kumar ACS
email2prahaladgmailcom
ला हो उस ालन को जो सघष की ितमित थी
आज अपन हजनो को ा चहरा िदखाएग
ाग आाकारता का कशल नततव सीखन वाल
ा आज भड़ चलो म फसन की वजह स हम सार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
कपनी पजीकरण स िवलय तक का समथ ाता ह हम
आिथक मदी स उबारन क िलए जान जात ह हम
िविध का पण ह कवल अर नही ह हम
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 98
InitiativesofChapters
Noida
bull On the occasion of PCS Day 2021 Tuesday 15th June 2021 Noida Chapter organised a webinar on the topic
Talk on Future Ready PCS- Insights into Future Challengesrdquo from 0500 pm to 0630 pm During the webinar
Noida Chapter of NIRC felicitated 2 Practicing Company Secretaries having more than 25 years of practice
experience amp 2 PCS irms with three or more partners Appreciation certiicates were given to them and they
shared their experience and journey briely
bull Webinar held on Friday 18th June 2021 from 0500 pm to 0630 pm on the topic Producer Company
Governanceamp Compliance
bull Webinar held on Saturday 19th June 2021 from 1100 am to 1230 pm on the topic Practical tips for settlement
of legal disputes
bull Webinar on the Topic ldquoRole of Company Secretaries During Covid and Post Covid Periodrdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part -1)rdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part - II)rdquo
bull Noida Chapter of NIRC of the ICSI organized four days Online NCLT Workshop on 3rd 4th 10th amp 11th June
2021 from 0500 pm to 0700 pm
bull In view of International Yoga Day Noida Chapter of NIRC organized 4 Yoga Sessions on four consecutive
Saturdays from 29thMay 2021 till 19thJune 2021
Bareilly
bull On 5th June 2021 Bareilly Chapter organized a webinar on the theme A brief overview of Recent Amendments amp
Relaxations under Companies Act 2013
bull On 19th June 2021 during the PCS Week one more webinar was organized by Bareilly Chapter on the theme
Opportunities under Insolvency and Bankruptcy Code
bull On 29th June 2021 5th One Day Orientation Program during 2021 for CS Executive students was organized by
the Chapter through virtual mode
Meerut
bull Online Study Circle for students on the topic of Recent amendments in CSR on 12062021
bull PCS Day - webinar on the topic Opportunities under Insolvency amp Bankruptcy Code on 18062021
Modinagar
bull Modinagar Chapter celebrated GST Day 2021 on 05th July 2021
ICSI-NIRC Newsletter I July 2021 99
Faridabad
bull MoU signing ceremony with Pt J L N Govt College FBD - 23042021 in Presence of Chairman NIRC (Virtual)
bull MoU Signing Ceremony with Aggarwal College FBD --10062021 in Presence of Chairman NIRC (virtual)
bull MoU Signing ceremony with IMT College FBD - 23062021 in presence of Chairman NIRC (Virtual)
bull MoU Signed with hospitals -
1) SSB Multi Heart Specialty Hospital on 17042021
2) QRG Hospital w e f 23032021
bull Study Session on Recent Amendments in Companies Act 2013 on Saturday 10th April 2021 at Chapter premises
bull 2nd EDP Batch(15 days) - Classroom Mode wef 03042021 to 20042021
bull PCS Day Celebration on Tuesday 15th June 2021 by Faridabad Chapter
bull WEBINAR on FDI under FEMA on Saturday 19062021
Kota
bull Kota Chapter is celebrating Student month by organizing various activities for students in July 2021
Jaipur
bull PCS Day celebrations week ( Five Webinar )
bull International yoga Day Celebration
bull Workshop at yoga 01062021 to 30062021
bull Vaccination Drive with Fortis Hospital
bull Joint Webinar by Chapter of Rajasthan
bull Online CAP
Gorakhpur
bull Gorakhpur Chapter conducted webinar on Deposit amp Loan to Director on 24th May 2021 The Chief Guest of the
webinar was CS Nagendra D Rao President ICSI and the Guest of Honour was CS HimanshuHarbola Treasurer
NIRC of ICSI
bull Gorakhpur Chapter also conducted webinar on ICSI Auditing Standards on 7th June 2021 The Chief Guest of the
webinar was CS Devendra D Deshpande Vice President ICSI and the Guest of Honour was CS Vimal Gupta
Chairman NIRC of ICSI
bull On 11th June 2021 Gorakhpur Chapter conducted webinar on Dematerialisation E-Voting and Other Issuer
Services of NSDL The Chief Guest of the webinar was CS MamtaBinani Past President ICSI and the Guest of
Honour was CS SusshilDaga Vice Chairman NIRC of ICSI
bull On the occasion of PCS Day 2021 A Panel Discussion was organised by Gorakhpur Chapter on the topic
Opportunities for Company Secretaries in Developing Cities on 15th June 2021 The Special Guest of the
programme was CS Manish Gupta Council Member ICSI The Panel discussed about the various opportunities for
CS in small and developing cities in India
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 100
bull On 27th June 2021 Gorakhpur Chapter organized Blood Donation Camp in collaboration with ICAI Gorakhpur
and JCI Gorakhpur More than 70 persons donated their blood in the camp
bull The Chapter also celebrated Van Mahotsav on 01st July 2021 and GST Day on 05th July 2021 On The occasion of
GST Day celebration
Bhilwara
bull Bhilwara Chapter of NIRC of ICSI organised a webinar on the topic Health Care in COVID-19 on 1st June 2021 The
chief guest of the webinar was CS Vimal Gupta Chairman NIRC
bull On the occasion of PCS Day Celebration Bhilwara Chapter organised a webinar on 12th June 2021 on the topic
Recent Amendments in Companies Act amp MCA Version 30 On that occasion Bhilwara Chapter felicitate the PCS
Members who are practicing 15 years and more
bull Bhilwara Chapter also organised a Yoga session for Members and Students on 19th June 2021
Karnal
bull Following Webinars were organised by Karnal Chapter for Members
1 3rd May 2021 on the topic Unpacking the Nuances of Oppression and Mismanagement
2 29th May 2021 on the topic Interpersonal and Professional Skills for Company Secretaries
3 09th June 2021 on the topic Recent Amendments in Companies Act 2013rdquo
4 16th June 2021 on the topic Interpretation of Statutes for Company Secretaries
bull PCS Day was celebrated with a Webinar on 15th June 2021 on the Theme Opportunities for Company Secretaries
bull In addition to this a Non academic session for Members was organised on 28th June 2021
bull For Students 1 Five days EDP (ADP) and 6 PDPs were conducted online
Udaipur
bull Udaipur Chapter conducted Free Vaccination Drive for Members Students and their Family Members on
24062021
bull Udaipur Chapter organised three Webinar for members on 07062021 15062021 and 26062021
bull Udaipur Chapter organised Yoga Session through virtual mode for members and students on 27th June 2021
bull Udaipur chapter organised Career Awareness Programme for Students
Ghaziabad
bull Ghaziabad Chapter organized 05 days webinar series from 11th June 2021 to 16th June 2021 and invited Senior
faculties during the series CS Vineet Chaudhary Central Council Member The ICSI was Chief Guest on June 15 2021
bull Ghaziabad Chapter organized MOU Signing Ceremony for Academic Collaboration between the ICSI and Maharishi
University of Information Technology on Tuesday June 29 2021 at Maharishi Law School Maharishi University of
Information Technology Maharishi Nagar Sec 110 Noida Uttar Pradesh 201304 CS Nagendra D Rao Honble
President The ICSI graced the occasion with his benign presence
bull Ghaziabad Chapter of NIRC of ICSI conducted a webinar on the topic ldquoStay Positiverdquo with view of giving enthusiasm
and undeniable energy to all the members to express themselves their fears their positive thoughts everything amp
The need of the hour is Expression as well as Motivation on Saturday June 26 2021
bull Ghaziabad Chapter of NIRC of ICSI celebrated International Yoga Day
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 101
CSBF
COMPANYSECRETARIESBENEVOLENTFUND
MEMBERSENROLLEDREGIONWISEASLIFEMEMBERSOFTHECOMPANYSECRETARIESBENEVOLENTFUND
DURINGTHEPERIOD01032021TO30062021
REGION LMNO NAME MEMBNUMBER
NIRC
1 14821 MR GAURAV KUMAR MODI ACS - 64694
2 14830 MR ANKIT ANIL PARDESHI ACS - 62406
3 14831 MR SHAH NAWAZ ACS - 41049
4 14832 MS RICHA KHANDELWAL ACS - 47398
5 14838 MR AMRENDER KUMAR YADAV ACS - 41946
6 14839 MS RENU KATHURIA ACS - 34023
7 14844 MR SUMIT KUMAR SINGH ACS - 50243
8 14857 MR PARITOSH CHAUHAN ACS - 42603
9 14862 MS RIYA KHURANA ACS - 58282
10 14868 MS VRUSHALI RAJESHKUMAR DARJI ACS - 54675
11 14869 MR AMIT KUMAR MANGLA ACS - 32638
12 14870 MS KHUSHBOO BHATT ACS - 43508
13 14872 MR VIKASH GUPTA FCS - 9198
14 14876 MR ATUL KUMAR SINGH ACS - 38572
15 14880 MR ANSHUL JAIN ACS - 43863
16 14882 MR AMAN RATRA ACS - 55296
17 14888 MS CHAKSHOO MEHTA ACS - 42309
18 14892 MS DIVYA GAUR ACS - 47360
19 14897 MR ANKIT GOEL ACS - 52633
20 14902 MR SANDEEP KUMAR FCS - 9075
21 14907 MR SAURABH JAIN ACS - 45759
22 14908 MR MANISH KUMAR VERMA FCS - 10023
23 14909 MR HIMANSHU YADAV ACS - 44654
24 14912 MR ANKUR DUDANI ACS - 63498
25 14917 MR PANKAJ SHARMA ACS - 61152
26 14918 MS NAVITA GUPTA ACS - 51316
27 14919 MS ARSHDEEP KAUR JUDGE ACS - 33911
28 14923 MR KARM SAWHNEY ACS - 64986
ICSI-NIRC Newsletter I July 2021 102
CSBF
29 14926 MR LALIT KUMAR ACS - 49701
30 14930 MR DEVESH UPPAL ACS - 53648
31 14937 MS JASLEEN KAUR ACS - 55304
32 14941 MR DHRUV SHARMA FCS - 10760
33 14942 MR MOHD ZAFAR FCS - 9184
34 14944 MR CHANDRAKANT GUPTA ACS - 50829
35 14945 MR AKSHAY SACHAN ACS - 55246
36 14947 MR ARPIT KALANI ACS - 63919
37 14951 MR VIPUL JAIN ACS - 59021
38 14961 MR DHEERAJ ACS - 27493
39 14967 MR MAYANK ACS - 57784
40 14968 MR ASHU DHALL ACS - 50635
41 14971 MR PRINCE KUMAR FCS - 11000
42 14972 MR SUMIT GOYAL ACS - 54398
43 14974 MS DIVYA KHANNA ACS - 53941
44 14976 MS MONIKA GUPTA ACS - 59297
45 14979 MR MOHAMMAD KHALID ACS - 34335
46 14980 MR MUSTKEEM ACS - 56334
47 14982 MR SURESH KUMAR GUPTA FCS - 11059
48 14987 MS SONI PANDIYA ACS - 60696
49 14989 MR PRADEEP KUMAR ACS - 63052
50 14993 MR ANUPAM SRIVASTAVA ACS - 54503
51 15000 MR ROHIT SHRIVASTAVA ACS - 56732
52 15007 MR BHANU BHARGAVA ACS - 30370
53 15010 MS POOJA SINGH ACS - 39178
54 15012 MR NITESH KUMAR JHA ACS - 64377
55 15013 MR ASHWANI KUMAR ACS - 53574
56 15018 MR DEEPENDRA KUMAR MISHRA ACS - 63335
57 15024 SH PIYUSH AGARWAL ACS - 25165
58 15028 MR WASEEM ANWAR ACS ndash 39572
59 15029 SH VIKAS SETHI ACS - 17411
60 15037 MR SHOBHIT KUMAR KUSHWAHA ACS - 46660
61 15039 MR RAVI SHARMA ACS - 54818
62 15044 MR ANURAG PANDEY ACS - 50091
ICSI-NIRC Newsletter I July 2021 103
CSBF
63 15051 MS SHIVANGI SHARMA ACS - 59088
64 15053 MS DEEPTI JOSHI ACS - 51950
65 15058 MR JAGBIR SINGH FCS - 10983
66 15061 MR LOKESH SHARMA ACS - 50553
67 15062 MR KAMRAN SIDDIQUI ACS - 46943
68 15065 MS NEHA SRIVASTAVA ACS - 43927
69 15066 MS RUPALI SHARMA ACS - 37249
70 15070 MR SACHIN GUPTA ACS - 60203
71 15077 SH ASHISH MALKOTIA ACS - 17526
72 15078 MS NIDHI BHARDWAJ ACS - 56098
73 15080 SH ABHINAV RASTOGI ACS - 17692
74 15084 MR ASHISH MISRA ACS - 29368
75 15091 SH RATNESH PRASAD RUKHARIYAR FCS - 5833
76 15094 MR RAHUL CHOUDHARY ACS - 52647
77 15096 MR SHRAWAN KUMAR SHUKLA ACS - 53492
78 15099 MR SHIVAM GOEL ACS - 57386
79 15103 MR YOGESH MAHESHWARI ACS - 39675
80 15106 MS ANUJA JAIN ACS - 57084
81 15107 SH BANOJ KUMAR PRADHAN ACS - 15324
82 15116 MS REETIKA JHOTA ACS - 22130
83 15124 MS SANJANA CHHABRA ACS - 49167
84 15125 MR VAIBHAV SHUKLA FCS - 10556
85 15127 MS POOJA AGGARWAL ACS - 27524
86 15130 MR BHUPENDRA KAUSHIK FCS - 9884
87 15132 MS GAUTAMI GUPTA ACS - 57547
88 15138 MS SHINJINI MUKHERJEE ACS - 65425
89 15140 MS DEEPIKA SIDANA ACS - 55544
90 15141 MR ANMOL KAPOOR ACS - 57017
91 15142 MR KARAN SINGH ACS - 46641
92 15143 SH VIJAY KUMAR KAKKAR ACS - 25145
93 15144 MR NARENDER KUMAR ACS - 40175
94 15150 MS MANSI AWANA ACS - 36655
95 15154 MR AMIT KUMAR ACS - 61851
96 15155 MR AYUSH KUMAR JAIN ACS - 56424
97 15156 MS REKHA RANI NARANIWAL ACS - 38803
ICSI-NIRC Newsletter I July 2021 104
CSBF
98 15158 MS ANJALI GUPTA ACS - 20688
99 15164 MS NIDHI DANG FCS - 10548
100 15168 MR GYANESH KUMAR MISHRA ACS - 46816
101 15170 MS JASWANT KAUR ACS - 18106
102 15173 MS MEHAK GUPTA FCS - 10703
103 15175 MS SHILPI FCS - 11047
104 15177 MS SHEETAL NAHARIA FCS - 11193
105 15178 SH SURENDRA KUMAR SHARMA FCS - 5737
106 15180 MR ASHISH BANSAL ACS - 40217
107 15195 SH NARENDER KUMAR SHARMA FCS - 3189
108 15198 MS POOJA KUMARI ACS - 41504
109 15201 MS UPASNA THAKRAL ACS - 35559
110 15202 MS RENU ACS - 50393
111 15206 MR SWAPNIL AWASTHI ACS - 65802
112 15209 MS ANSHULA CHOUDHARY FCS - 10639
113 15220 MR ISHAN KHANNA ACS - 53517
114 15232 MS VIDHI KANSAL ACS - 24018
115 15233 MR NEERAJ KUMAR KHATRI ACS - 36858
116 15234 MR NIRBHAY ROCHWANI ACS - 44914
117 15235 MR SUMIT RAWAT ACS - 58125
118 15237 MS ARCHITA GUPTA ACS - 39294
119 15238 MS ANKITA GUPTA ACS - 27518
120 15239 SH SATISH KUMAR NIRANKAR FCS - 9605
121 15241 SH VIKASH JOSHI ACS - 19524
122 15245 MR VIKAS YADAV ACS - 43530
123 15250 MRS SHALU VARSHNEY ACS - 17344
124 15253 MS DEEPTI ARORA ACS - 31707
125 15254 MR MOHIT VARSHNEY ACS - 60762
126 15255 MS SHIKHA GOYAL ACS - 60381
127 15257 MS ANNU GUPTA ACS - 47525
128 15258 MR NITESH KUMAR YADAV ACS - 61297
129 15259 MR AAKARSHIT JAI ACS - 63632
130 15260 MS MEHAK MONGA ACS - 43728
131 15261 MR GAUTAM KHURANA ACS - 64072
132 15262 MR ISHAAN SHARMA ACS - 65147
133 15263 MS PALLAVI KAPOOR ACS - 64753
134 15264 MS MANISHA GUPTA ACS - 62708
135 15266 SH LALAN KUMAR SINGH FCS - 7837
136 15269 MR AKASH KANDOI ACS - 48651
137 15272 MR NISHANT PRITAM RAJ ACS - 64110
138 15273 MR INDRA JEET YADAV FCS - 10330
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-
GLIMPSES
ICSI-NIRC Newsletter I July 2021 08
GLIMPSES
CelebrationsofInternationalDayofYoga2021
Swami Ramdev ji International Yog Guru CS Nagendra D Rao President ICSI CS Manish Gupta Central Council
Member ICSI CS Vimal Gupta Chairman NIRC-ICSI and CA (Dr) Girish Ahuja Tax Guru addressing the Participants
Screen View of session
ICSI-NIRC Newsletter I July 2021 09
GLIMPSES
WebinaronthethemeOpportunitiesunderArbitrationon17June2021
CS NPS Chawla Central Council Member ICSI amp Associate Partner Vaish Associates addressing the Participants Also
seen CS Vimal Gupta CS Devender Suhag Secretary NIRC-ICSI CS GS Sarin Past Chairman NIRC-ICSI and CS Sonia
Baijal Regional Director NIRC-ICSI
WebinaronthethemeOpportunitiesasRegisteredValueron18June2021
CS (Dr) Ajay Garg Corporate Valuer Counsel and Lawyer addressing the Participants Also seen CS Vimal Gupta and CS
GS Sarin
FelicitationCeremonyorganizedbyNIRC-ICSIaspartofPCSDaycelebrationson19June2021
CS Vimal Gupta CS Manish Gupta CS NPS Chawla CS Nesar Ahmad Past President ICSI CS Suresh Pandey Immediate
Past Chairman NIRC-ICSI CS GS Sarin CS Saurabh Kalia Regional Council Member NIRC-ICSI CS Monika Kohli Regional
Council Member NIRC-ICSI and CS Bhupesh Gupta Regional Council Member NIRC-ICSI addressing the Participants
ICSI-NIRC Newsletter I July 2021 10
GLIMPSES
FelicitationofmembersonPCSDay
WebinaronthethemeDiscussiononPrinciplesofGovernancefromIndianScriptureson19June2021
CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of Accountants)
addressing the Participants Also seen CS GS Sarin CS Suresh Pandey CS Amit Gupta Regional Council Member NIRC-
ICSI CS Saurabh Kalia and CS Sonia Baijal
WebinaronThemeSEBI-LODRon9July2021
Ms Purna Devi Director Global Compliance amp Reporting Entity Compliance and Governance EY addressing the
Participants Also seen CS Vimal Gupta CS Himanshu Harbola Treasurer NIRC-ICSI and CS Sonia Baijal
FelicitationofmembersonGSTDay
ICSI-NIRC Newsletter I July 2021 11
GLIMPSES
4DaysOnlineMasterClassonGSTOpportunities(21Edition)from28June2021to03July2021
Day129062021
CS (Adv) Sumit Wadhwa Abbot Law Ofice addressing the Participants Also seen CS Vimal Gupta and CS GS Sarin
Day230062021
CA Akshay Kumar Jain Akshay Kumar Jain amp Co LLP addressing the Participants Also seen CS GS Sarin
Day302072021
CS Jagmohan Bansal Sr Advocate addressing the Participants Also seen CS GS Sarin
Day403072021
CS Sanjay Malhotra Practicing Company Secretary addressing the Participants Also seen CS GS Sarin and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 12
GLIMPSES
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiUniversityofInformationTechnology
CS Nagendra D Rao President ICSI CS Sonal Jain Chairperson Ghaziabad Chapter of NIRC-ICSI CS Sakshi Mittal
Management Committee Member Ghaziabad Chapter of NIRC-ICSI and CS Arjunn Kr Tyagi Immediate Past Chairman
Ghaziabad Chapter of NIRC-ICSI addressing the Participants Also seen Dr Annu Behl Mehra Prof MUIT Dr Akhand
Pratap Singh Registrar MUIT Prof (Dr) KB Asthana Dean Maharishi Law School MUIT CS Awanish Srivastava Mr A
K Srivastava Joint Secretary ICSI CS Nitin Goel Mr Vinay Kumar Chapter Incharge Ghaziabad Chapter of NIRC-ICSI
along with other dignitaries
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiAggarwalCollegeBallabgarhFaridabadInstituteofManagementampTechnology
FaridabadampPtJLNGovtCollegeFaridabad
CS Vimal Gupta CS Arun Goel Chairman Faridabad Chapter of NIRC-ICSI CS Anmol Nakra Vice- Chairman Faridabad
Chapter of NIRC-ICSI Dr Krishan Kant Principal Aggarwal College Dr Rekha Sain Dr Manoj Shukla Aggarwal College
Prof (Dr) Ravi K Handa Director IMT College Dr Parul Khanna Vice- Principal IMT College Dr M K Gupta Principal
Pt JLN Govt College Ms Preeti Kapoor Asso Prof Pt JLN Govt College Ms Suman Iyer EO Faridabad Chapter of NIRC-
ICSI along with other dignitaries
ICSI-NIRC Newsletter I July 2021 13
GLIMPSES
stValedictoryFunctionndash321 MSOP
CS Vijay Kumar Kaul Practicing Company Secretary CS Vimal Gupta CS SusshilDaga Vice-Chairman NIRC-ICSI CS
Devender Suhag CS Himanshu Harbola CS Suresh Pandey CS GS Sarin and CS Surya Kant Gupta Regional Council
Member NIRC-ICSI addressing the Participants
ndInauguralFunctionndash322 MSOP
CS Vimal Gupta and CS Suresh Pandey addressing the Participants
4DaysOnlineMasterClassonFEMA(22ⁿEdition)from5July2021to8July2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells addressing the
Participants Also seen CS Vimal Gupta CS Devender Suhag and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 14
AGM
Notice is hereby given that the 40th Annual General Meeting of the members of the Institute of Company Secretaries of
India (ICSI) in the Northern Region forming part of Northern India Regional Council (NIRC) will be held on Wednesday
the 28th July 2021 at 1000 AM through online video conferencing at the link to transact the httpsbitly3qUlgZZ
following business(es)-
1 To receive consider and adopt Audited Balance Sheet as at 31st March 2021 the Income and Expenditure
account for the year ended on that date Report of the Regional Council and Auditors Report thereon
2 To appoint Ms Mukesh A Mittal amp Co Chartered Accountants Delhi as Statutory Auditors in place of retiring
Auditors Ms Mittal amp Mittal Associates Chartered Accountants to hold ofice from the conclusion of this Annual
General Meeting until conclusion of the next Annual General Meeting and to ix their remuneration
By order of The Northern India Regional Council of ICSI
Notice Of Annual General Meeting
(CSDEVENDERSUHAG)SecretaryNIRC-ICSIPlace New Delhi
Dated 13 July 2021
Note(s)
1 The members are requested to send their queries on inancial accounts andor functioning of NIRC through email
at niroicsiedu at least three (3) days in advance so that answers may be made available at the meeting
2 Members are requested to update the changes in their address(es) e-mail IDs contact details and other
particulars in their respective members account on ICSI portal for enabling NIRC to disseminate information
about activities and programs
3 In order to promote the Green Initiative the ICSI vide its letter dated 21102011 directed all its Regional Councils
to send the Annual Report to the members through electronic mode Accordingly NIRC is sending Annual Report
for the year 2020-21 through e-mail Members may also viewdownload Annual Report from the child portal of
NIRC ICSI (httpswwwicsiedunirohome)
4 Due to COVID-19 no physical copy of Annual Report shall be available for reference of the members
5 Web link to Join Annual General Meeting is (the link will be activated at 0940 AM on 28th httpsbitly3qUlgZZ
July 2021)
ICSI-NIRC Newsletter I July 2021 15
AGM
To
TheMembersofNIRCoftheICSI
REPORTONTHEAUDITOFTHEFINANCIALSTATEMENTS
Opinion
We have audited the accompanying standalone inancial statements of NORTHERNINDIAREGIONALCOUNCILOF
THEINSTITUTEOFCOMPANYSECRETARIESOFINDIANew Delhi which comprise the Balance Sheet as at 31st March
2021 and the statement of Income and Expenditure Cash Flow and a summary of the signiicant accounting policies and
other explanatory information
In our opinion and to the best of our information and according to the explanations given to us said Balance Sheet the
Income and Expenditure Account and Cash Flow Statement read together with the Schedule amp Notes thereon give a true
and fair view
1 In so far as it relates to the Balance Sheet of the State of Affairs of the NIRC of the ICSI as at 31st March 2021 and
2 In so far as it relates to the Income amp Expenditure account of the Excess of Income over the Expenditure of the
NIRC of the ICSI for the year ended on that date
3 In so far as it relates to the Cash Flow Statement of Cash Flow of the NIRC of the ICSI for the year ended on that
date
BasisforOpinion
We conducted our audit in accordance with the Standards on Auditing (SAs) generally accepted in India Our
responsibilities under those Standards are further described in the Auditors Responsibilities for the Audit of the
Financial Statements section of our report We are independent of the Entity in accordance with the Code of Ethics
issued by the Institute of Chartered Accountants of India together with the ethical requirements that are relevant to our
audit of the inancial statements and we have fulilled our other ethical responsibilities in accordance with these
requirements and the Code of Ethics We believe that the audit evidence we have obtained is suficient and appropriate
to provide a basis for our opinion
ResponsibilityoftheManagementfortheFinancialStatements
The NIRC of the ICSI are responsible for the preparation of these inancial statements that give a true and fair view of the
inancial position and inancial performance and cash low of NIRC of the ICSI in accordance with the accounting
principles generally accepted in India and formulated by the ICSI This responsibility also includes maintenance of
adequate accounting records in accordance with the applicable provisions for safeguarding the assets of the NIRC of the
ICSI and for preventing and detecting frauds and other irregularities selection and application of appropriate
accounting policies making judgments and estimates that are reasonable and prudent and design implementation and
maintenance of adequate internal inancial controls that were operating effectively for ensuring the accuracy and
completeness of the accounting records relevant to the preparation and presentation of the inancial statements that
give a true and fair view and are free from material misstatement whether due to fraud amp error
Independent auditorrsquos report
ICSI-NIRC Newsletter I July 2021 16
AGM
AuditorsResponsibilitiesfortheAuditoftheFinancialStatementsOur objectives are to obtain reasonable assurance about whether the inancial statements as a whole are free from
material misstatement whether due to fraud or error and to issue an auditors report that includes our opinion
Reasonable assurance is a high level of assurance but is not a guarantee that an audit conducted in accordance with SAs
will always detect a material misstatement when it exists Misstatements can arise from fraud or error and are
considered material if individually or in the aggregate they could reasonably be expected to inluence the economic
decisions of users taken on the basis of these inancial statements
As part of an audit in accordance with SAs we exercise professional judgment and maintain professional skepticism
throughout the audit We also
bull Identify and assess the risks of material misstatement of the inancial statements whether due to fraud or
error design and perform audit procedures responsive to those risks and obtain audit evidence that is
suficient and appropriate to provide a basis for our opinion The risk of not detecting a material misstatement
resulting from fraud is higher than for one resulting from error as fraud may involve collusion forgery
intentional omissions misrepresentations or the override of internal control
bull Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and
related disclosures made by management
bull Conclude on the appropriateness of managements use of the going concern basis of accounting and based on
the audit evidence obtained whether a material uncertainty exists related to events or conditions that may cast
signiicant doubt on the Entitys ability to continue as a going concern If we conclude that a material
uncertainty exists we are required to draw attention in our auditors report to the related disclosures in the
inancial statements or if such disclosures are inadequate to modify our opinion Our conclusions are based on
the audit evidence obtained up to the date of our auditors report However future events or conditions may
cause the Entity to cease to continue as a going concern
bull Evaluate the overall presentation structure and content of the inancial statements including the disclosures
and whether the inancial statements represent the underlying transactions and events in a manner that
achieves fair presentation
Furtherwereportthat a) We have obtained all the information and explanations which to the best of our knowledge and belief were
necessary for the purpose of our audit
b) In our opinion proper books of accounts as required by law amp ICSI have been kept by the Regional Council
so far as it appears from our examination of books amp records
c) The Balance Sheet the Income and Expenditure Account and Cash Flow Statement are in agreement with
the books of accounts presented before us
d) In our opinion Income and Expenditure Account Balance Sheet and Cash Flow Statement comply with the
accounting guidelines as adopted by the Institute
For MITTAL amp MITTAL ASSOCIATES
CHARTERED ACCOUNTANTS
Firm Regn No 014511N
Sd-
(CAMUKESHMITTAL)
Membership No 092534
Partner Place New Delhi
Date 01062021
UDIN 21092534AAAADH2668
ARTICLES
Introduction
A change always have positive and negative effects Same happened with this law called Goods and Service Tax BJP
Government was trying to introduce this concept since 2002 The committee for GST was formed in the year 1999 by our
Prime Minister Atal Bihari Vajpayee It was our Prime Minister who in the year 1999 understood that there shall be
single indirect tax system among the country to reduce the burden on the businessman But the approval from the
opposition took too long to implement Just like said earlier that changes always lead to discussions and disagreement st
GST was the idea of Mr Atal Bihari Vajpayee and came into force under the Modi Government on 01 July 2017 midnight
Along with opposition party (congress) businessmen common people shopkeepers etc were against the government
It was hard for them to accept GST
WhichcountryGSTModelAdoptedbyIndia
GST was irst adopted by France in the year 1954 with 4 tax slab rates (21 55 10 and 20) Amongst the tax
rates 20 is the standard rate applicable to most of the goods in France After France more than 140 countries adopted
GST model and some of the countries adopted Dual-GST model Canada is one of the country with dual GST model and
India adopted the same
Dual-GST It is referred where tax is collected by federal government and then distributed to respective states
WhyGSTwasimplementedinIndia
The main objective of GST implementation was to eliminate double taxation ie from manufacturing level to
consumption level Earlier VAT and sales tax was part of indirect tax and manufactures were liable for VAT and consumer
was liable for Sales tax due to which price of the product used to increase For the beneit of the nation GST came into
effect in the year 2017 despite of any reluctance to the changes
Earlier many were against the GST model but slowly and steadily they understood that with the introduction of GST the
pricing of the product has been made easy and cost of some products has been introduced With the introduction of GST
businesses are able to earn proit because of One Nation One Tax formula
Since the launch of GST government implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull 025 applied to cut and semi-polished stones
bull 5 on household necessities such as sugar spices tea and coffee
bull 12 on computers and processed food
bull 18 on toothpaste hair oil soap etc
bull 28 to luxury items such as cigarettes cars bike refrigerators etc
Goods andService TaxCS Yati Mittal ACS
csyatimittalgmailcom
ARTICLE
ICSI-NIRC Newsletter I July 2021 18
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TypesofGST
1 Central Goods and Service Tax (CGST) It is charged on the intra state supply of products and services
2 State Goods and Service Tax It is charged on the supply of products and services within the state
3 Integrated Goods and Service Tax It is charged on the inter state supply of products and services
4 Union Territory Goods and Service Tax It is charged on the supply of goods and services of Union Territories
HowtoavailGSTNumber
Under GST regime below persons are required to obtain GST IN number
1 Any businesses whose turnover exceeds Rs 40 Lakh in a inancial year for a normal category states and
Rs20 lakh for a special category states
2 Person registered under previous law (VAT Service Tax)
3 Registered business that has been transferred
4 Person making inter-state supplies
5 Non-resident taxable person
6 Agents of the supplier
7 Those paying tax under reverse charge mechanism
8 Person supplying online information and database access or retrieval
9 Person who supplies via e-commerce aggregator
Eligible persons are required to follow below mentioned steps to obtain GST IN number
1 Visit GST Portal
2 Click on Registration tab under Services tab and select NewRegistration
3 An application form will be opened which is divided in two parts ie Part A and B
4 Eligible persons are required to ill in the details so asked and submit the same
5 After submitting the required details ARN (Application reference number) will be sent to the registered
email id and mobile number for future reference
GSTFilingStructure
There are three types of GST taxpayer
Regular Taxpayers Composition TaxablePersons
Returns forSpeciic Transactions
ICSI-NIRC Newsletter I July 2021 19
ARTICLE
A RegularTaxpayers
Form GSTR-1 and GSTR-3B are to be iled by businesses and professionals registered with GST every month if their
annual turnover is exceeds Rs 5 crore Other taxpayer had an option to choose a quarterly return iling
From the quarter January 2021 even the businesses and professional whose turnover exceeds Rs 5 crore has an
option to opt for QRMP (Quarterly Return and Monthly Payment) Scheme where they can ile GSTR-1 and 3B
quarterly with monthly estimated GST payment
B CompositionTaxablePersons
A person registered under this scheme has to ile Form CMP-08 quarterly and Form GSTR-4 yearly by 30 April from
year 2019-2020 onwards Till FY 2018-19 persons registered under this scheme were liable to ile Form GSTR-4
quarterly and GSTR-9A annually
C ReturnsforSpeciicTransactions
Special transactions under GST have been deined with speciic GST returns such as
bull GSTR-5It is iled by non-resident foreign taxpayers who are registered with GST and carry their business in
thIndia It shall be iled by 20 of each month
bull GSTR-5A It is a summary return for reporting the outward taxable supplies and tax payable by Online
thInformation and Database Access or Retrieval Services (OIDAR) provider under GST It shall be iled by 20 of
each month
bull GSTR-6 It is iled by Input Service Provider This form carry the details of input tax credit received and
thdistributed It shall be iled by 13 of each month
bull GSTR-7It is iled by person who are liable to deduct TDS This form will contain details of TDS payable paid and
thclaimed It shall be iled by 10 of every month
bull GSTR-8Return iled by e-commerce operators registered under GST and who collects Tax at source (TCS) The
threturn shall be iled by 10 of every month
Conclusion
Persons businesses professionals registered GST has to ile the form as per the dates prescribed They will not be able to
ile any next return if any month quarter or year return is pending from their sides Moreover if there is any late iling
then interest and late fees are being calculated Following are the interest rates and penalties that are being levied on
late submission of forms
bull Interest 18 pa shall be calculated on the outstanding amount It shall be calculated on the net tax liability in
the ledger The interest shall be levied from the very next day of due date of actual date of form iling
bull As per CGST and SGST Rs 100- per day each late fees is levied which shall not exceed Rs 5000- No late fee is
prescribed under IGST
ICSI-NIRC Newsletter I July 2021 20
GST stands for Goods and Services Tax which became effective from July 1 2017 in India as one tax one nation It is an
Indirect tax which introduced to replacing a host of other Indirect taxes such as value added tax service tax purchase
tax excise duty and so on
GST is a destination-based tax levied on the consumption of goods and services across the nation thus rendering the
country one uniied common market
GST is a multi-stage tax system which is comprehensive in nature and applied on the sale of goods and services
throughout India
Aim The main aim of this taxation system is to curb the cascading effect of other indirect taxes
The goods and services tax (GST) is a value-added tax levied on most goods and services sold for domestic consumption
The GST is paid by consumers in addition of the sales price of the product but it is remitted to the government by the
businesses selling the goods and services
goods andservice tax (gst)
ARTICLE
ICSI-NIRC Newsletter I July 2021 21
CS Parul Jain ACS
csparulnishujain10121gmailcom
Destination-based tax vs Origin-based tax
A destination-based tax is one which is levied in the state where the goods or services are consumed and not where they
are produced On the other hand an origin-based tax is levied in the state where goods or services are produced (not
consumed) The views expressed are personal views of the author
and it should not be taken as views of the NIRC-ICSI
ARTICLE
GST is paid by the different businesses at different rates in the following manner
Manufacturer The manufacturer pays GST on the raw material that is purchased and the value that has been added to
make the product However the tax that has been paid by the manufacturer is reduced from the overall GST that must be
paid
Service Provider The service provider pays GST on the amount that is paid for the service provided and the value that
has been added to it
Retailer The retailer pays GST on the product that has been purchased from the distributor as well as the margin that
has been added However the tax that has been paid by the retailer can be reduced from the overall GST that must be
paid
Consumer GST must be paid on the product that has been purchased by the consumer
History of GST
On July 1st 2017 the Goods and Services Tax implemented in India But the process of implementing the new tax regime
commenced a long time ago In 2000 Atal Bihari Vajpayee then Prime Minister of India set up a committee to draft the
GST law
In 2006 Finance Minister proposed the introduction of GST from 1st April 2010 and in 2011 the Constitution
Amendment Bill passed to enable the introduction of the GST law In 2012 the Standing Committee started discussions
about GST and tabled its report on GST a year later In 2014 the new Finance Minister at the time Arun Jaitley
reintroduced the GST bill in Parliament and passed the bill in Lok Sabha in 2015 Yet the implementation of the law
delayed as it was not passed in Rajya Sabha
GST went live in 2016 and the amended model GST law passed in both the house The President of India also gave assent
In 2017 the passing of 4 supplementary GST Bills in Lok Sabha as well as the approval of the same by the Cabinet Rajya
Sabha then passed 4 supplementary GST Bills and the new tax regime implemented on 1st July 2017
Tax Laws Before the Implementation of GST
The Centre and the State used to collect tax separately Depending on the state the tax regimes were different
Even though import tax was levied on one individual the burden was levied on another individual In the cases of direct
tax the taxpayer must pay the tax
Prior to the introduction of GST direct and indirect taxes were present in India
Direct Taxes Refers to the taxes which are paid straight by an individual on whom it is imposed For instance Property
Tax Wealth Tax Gift tax and Income tax etc
Indirect Taxes Refers to the taxes which are charged as a burden reduction for others For instance Excise Duty Service
and Sales tax etc
India established a dual GST structure in 2017 which was the biggest reform in the countrys tax structure in decades
The main objective of incorporating the GST was to eliminate tax on tax or double taxation which cascades from the
manufacturing level to the consumption level
ICSI-NIRC Newsletter I July 2021 22
ARTICLE
India has since launching the GST on July 1 2017 implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull A rate of 025 applied to cut and semi-polished stones
bull A 5 tax on household necessities such as sugar spices tea and coffee
bull A 12 tax on computers and processed food
bull An 18 tax on hair oil toothpaste soap and industrial intermediaries
The inal bracket taxing goods at 28 applies to luxury products including refrigerators ceramic tiles cigarettes cars
and motorcycles
The previous system with no GST implies that tax is paid on the value of goods and margin at every stage of the
production process This would translate to a higher amount of total taxes paid which is carried down to the end
consumer in the form of higher costs for goods and services The implementation of the GST system in India is therefore
a measure that is used to reduce inlation in the long run as prices for goods will be lower
ICSI-NIRC Newsletter I July 2021 23
TaxRates Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
GST also gives a major push to domestic industries as they will be able to procure seamless input credit for capital goods
Make in India campaign is set to lourish after this reform
ARTICLE
TypesofGST
The four different types of GST are given below
ICSI-NIRC Newsletter I July 2021 24
Central Goods and Services Tax (CGST) CGST is charged on the intra state supply of products and services
Individuals who pay tax as per the reverse change mechanism Central goods and service tax is the amount which is
channelled to the central government of revenue department which is equal to SGST The speciic tax amount is for
remuneration for loss of the already existing excise duties which is supposed to be paid to the central government In
such a scenario of the regional sales the remaining 50 share of GST is sent to the CGST
StateGoodsandServicesTax (SGST) SGST like CGST is charged on the sale of products or services within a stateState
Goods and Service Tax is the integral part of tax which is transferred to the state government and state revenue
department This remunerates the loss of present Sales Tax and VAT to state government It is where the 50 share of
total tax imposed is transferred to the SGST tax
IntegratedGoodsandServicesTax (IGST) IGST is charged on inter-state transactions of products and servicesIGST
stands for the Integrated Goods and Services Tax which is imposed when the state-to-state sales and procurement is in
transition A speciic share is sent to the central government along with the partner state to which the goods and services
belong to The IGST is levied only when the two states procurement and sales take place
ARTICLE
RegistrationunderGST
It is mandatory for all Service providers buyers and sellers to register A business that makes a total income of Rs20
lakhs and more in a inancial year must be required to do GST registration It takes 2-6 working days to process
The below mentioned entities and individuals must register for Goods and Services Tax
middot E-commerce aggregators
middot Individuals who supply through e-commerce aggregators
middot Agents of input service distributors and suppliers
middot Non-Resident individuals who pay tax
middot Businesses that have a turnover that is more than the threshold limit
middot Individuals who have registered before the GST law was introduced
Any company that is eligible under GST must register itself in the GST portal created by the Government of India The
registered entities will get a unique registration number called GSTIN
A 15-digit distinctive code that is provided to every taxpayer is the GSTIN The GSTIN will be provided based on the state
you live at and the PAN Some of the main uses of GSTIN are mentioned below
w Loans can be availed with the help of the number
w Refunds can be claimed with the GSTIN
w The veriication process is easy with the help of the GSTIN
w Corrections can be made
The GST registration certiicate is issued in Form GST REG-06 The certiicate is not issued physically It is available in
digital format only A GST Certiicate is an oficial document that is issued by the concerned authorities for a business
that has been enrolled under the GST system GST Certiicate contains GSTIN Legal Name Trade Name Constitution of
Business Address Date of liability Period of Validity Types of Registration Particulars of Approving Authority
Signature Details of the Approving GST oficer and Date of issue of a certiicate
GST E-Way Bill
An electronic document that is generated to show proof of goods movement is the E-Way bill We can generate the bill
from the GST portal
BeneitsofGST
ICSI-NIRC Newsletter I July 2021 25
ARTICLE
The following are the advantages of goods and services tax in India
bull Regulation of the unorganised sector
bull E-commerce operators no longer suffer from differential treatment
bull Fewer complications
bull Composition scheme
bull Registration process and iling of returns are simple
bull Higher threshold
bull Elimination of the cascading tax effect
GoodsandServicesTaxNetwork
The GSTN is the Goods and Services Tax Network which is responsible for managing the IT system concerning the GST
Portal It is a non-proit non-government organization and is the database for the oficial GST Portal
The features of the GSTN can be listed as follows
bull Keeping the information of all the taxpayers safe and secure
bull Maintaining conidentiality of the taxpayers information
bull It is a trusted National Information Utility (NIU)
GSTN is responsible for handling
bull The invoices
bull The registrations
bull The payments and refunds (if any)
bull Different types of returns
GSTReturns
A GST Returns is a document that contains information about the income that a taxpayer must ile with the authorities
This information used to compute the taxpayers tax liability Under the Goods and Services Tax registered dealers must
ile their GST returns with details regarding their purchases sales input tax credit and output GST Businesses are
expected to ile 2 monthly returns as well as an annual return
Currently the GST is paid every month The GSTR-1 and GSTR-3B must be iled In the case of refunds the relevant forms
must be submitted as well GST payments can be made both online and ofline Once the payment has made a challan is
generated
TypesofGSTReturnsandDuedates
GSTR-1
GSTR-1 is the return to be furnished for reporting details of all outward supplies of goods and services made In other
words it contains the invoices and debit-credit notes raised on the sales transactions for a tax period GSTR-1 is to be
iled by all normal taxpayers who are registered under GST including casual taxable persons
ICSI-NIRC Newsletter I July 2021 26
ARTICLE
Monthlyby11thofeverysucceedingmonthif the business either has an annual aggregate turnover of more than Rs5
crore or has not opted into the QRMP scheme
Quarterlyby13thofthemonthfollowingeveryquarterif the business has opted into the QRMP scheme
GSTR-2A
GSTR-2A is a view-only dynamic GST return relevant for the recipient or buyer of goods and services It contains the
details of all inward supplies of goods and services ie purchases made from GST registered suppliers during a tax
period
GSTR-2B
GSTR-2B is again a view-only static GST return important for the recipient or buyer of goods and services
GSTR-2B provides action to be taken against every invoice reported such as to be reversed ineligible subject to reverse
charge
ICSI-NIRC Newsletter I July 2021 27
ARTICLE
GSTR-3B
GSTR-3B is a monthly self-declaration to be iled for furnishing summarised details of all outward supplies made input
tax credit claimed tax liability ascertained and taxes paid
GSTR-3B is to be iled by all normal taxpayers registered under GST The sales and input tax credit details must be
reconciled with GSTR-1 and GSTR-2B every tax period before iling GSTR-3B GST reconciliation is crucial to identify
mismatches in data that may lead to GST notices in future or suspension of GST registration as well
The iling frequency of GSTR-3B is currently as follows
thMonthly 20 of every following month for taxpayers with an aggregate turnover in the previous inancial year of more
than Rs5 crore or have been otherwise eligible but still opted out of the QRMP scheme
thQuarterly 24 of every following month of the quarter ended for the taxpayers with aggregate turnover is less than or
equal to Rs 5 crore eligible and remain opted into the QRMP scheme
ICSI-NIRC Newsletter I July 2021 28
GSTR-4
GSTR-4 is the annual return that was to be iled by the composition taxable persons under GST by 30th April of the year
following the relevant inancial year It has replaced the erstwhile GSTR-9A (annual return) from FY 2019-20 onwards
Prior to FY 2019-20 this return had to be iled on a quarterly basis Thereafter a simple challan in form CMP-08 iled by
18th of the month succeeding every quarter replaced it
ARTICLE
The composition scheme is a system in which taxpayers dealing with goods and having a turnover up to Rs15 crores can
opt into and pay taxes at a ixed rate on the turnover declared
GSTR-5
GSTR-5 is the return to be iled by non-resident foreign taxpayers who are registered under GST and carry out business
transactions in India
The return contains details of all outward supplies made inward supplies received creditdebit notes tax liability and
taxes paid
The GSTR-5 return is to be iled monthly by the 20th of each month under GSTIN that the taxpayer is registered in India
GSTR-5A
GSTR-5A refers to a summary return for reporting the outward taxable supplies and tax payable by Online Information
and Database Access or Retrieval Services (OIDAR) provider under GST
The due date to ile GSTR-5A is the 20th of every month
GSTR-6
GSTR-6 is a monthly return to be iled by an Input Service Distributor (ISD)
It will contain details of input tax credit received and distributed by the ISD It will further contain details of all
documents issued for the distribution of input credit and the manner of distribution
The due date to ile GSTR-6 is the 13th of every month
GSTR-7
GSTR-7 is a monthly return to be iled by persons required to deduct TDS (Tax deducted at source) under GST
This return will contain details of TDS deducted the TDS liability payable and paid and TDS refund claimed if any
The due date to ile GSTR-7 is the 10th of every month
GSTR-8
GSTR-8 is a monthly return to be iled by e-commerce operators registered under the GST who are required to collect tax
at source (TCS)
It contains details of all supplies made through the e-commerce platform and the TCS collected on the same
The GSTR-8 return is to be iled on a monthly basis by the 10th of every month
ICSI-NIRC Newsletter I July 2021 29
ARTICLE
GSTR-9
GSTR-9 is the annual return to be iled by taxpayers registered under GST It is due by 31st December of the year
following the relevant inancial year as per the GST law
It contains the details of all outward supplies madeinward supplies received during the relevant inancial year under
different tax heads ie CGST SGST amp IGST and a summary value of supplies reported under every HSN code along with
details of taxes payable and paid
It is a consolidation of all the monthly or quarterly returns (GSTR-1 GSTR-2A GSTR-3B) iled during that inancial year
GSTR-9 is required to be iled by all taxpayers registered under GST
However there are few exceptions such as taxpayers who have opted for the composition scheme casual taxable
persons input service distributors non-resident taxable persons and persons paying TDS under section 51 of the CGST
Act
GSTR-9C
GSTR-9C is the reconciliation statement to be iled by all taxpayers registered under GST whose turnover exceeds Rs2
crore in a inancial year as per the GST law
It must be certiied by a Chartered AccountantCost amp Management Accountant after conducting a thorough GST audit
of the books of accounts and comparing the igures with the GSTR-9
The deadline to ile this statement is the same as the due date prescribed for GSTR-9 ie 31st December of the year
following the relevant inancial year
GSTR-9C is to be iled for every GSTN hence one PAN can have multiple GSTR-9C forms being iled
GSTR-10
GSTR-10 is to be iled by a taxable person whose registration has been cancelled or surrendered This return is also
called a inal return and has to be iled within three months from the date of cancellation or cancellation order
whichever is earlier
GSTR-11
GSTR-11 is the return to be iled by persons who have been issued a Unique Identity Number (UIN) in order to get a
refund under GST for the goods and services purchased by them in India UIN is a classiication made for foreign
diplomatic missions and embassies not liable to tax in India for the purpose of getting a refund of taxes GSTR-11
contains details of inward supplies received and refund claimed
LateilingofGSTReturns
Return iling is mandatory under GST Even if there is no transaction you must ile a Nil return
You cannot ile a return if you do not ile the previous monthquarters return
Hence late iling of GST return will have a cascading effect leading to heavy ines and penalty
The late iling fee of the GSTR-1 is populated in the liability ledger of GSTR-3B iled immediately after such delay
ICSI-NIRC Newsletter I July 2021 30
ARTICLE
InterestandLatefeetobepaid
Interest is 18 per annum It has to be calculated by the taxpayer on the amount of outstanding tax to be paid It shall be
calculated on the net tax liability identiied in the ledger at the time of payment The time period will be from the next day
of iling due date till the actual date of payment
As per the CGST Act the late fee is Rs 100 per day per Act So it is Rs100 under CGST amp Rs 100 under SGST The total
shall be Rs 200day However there is a maximum levy of Rs 5000 There is no late fee separately prescribed under the
IGST Act Also for GSTR-1 and GSTR-3B the total late fee was reduced to Rs 50 day (Rs20 day for Nil iling)
Conclusion
The goods and services tax (GST) is a tax on goods and services sold domestically for consumption The tax is included in
the inal price and paid by consumers at point of sale and passed to the government by the seller The GST is a common
tax used by the majority of countries globally The GST is usually taxed as a single rate across a nation
Every year 1st of July is commemorated as the Financial Independence Day across the country whereupon the entire
MOP (Member of Parliament) took part in the Parliament house function The transformation of the GST jurisdiction
which was approved by +150 countries is not so easy to get done It was not just the complexities but also the confusions
were expected to pop up In a country like India there is a possibility of such complexities
ICSI-NIRC Newsletter I July 2021 31
GSTndashOneNationOneTax
GST an area of Vast Opportunities for the Professionals The Goods and Services Tax (GST) is a major taxation reform till
date implemented in India since independence which has replaced many indirect taxes in India such as the Excise duty
VAT services tax additional customs duty surcharges and Octroi etc The Goods and Service Tax Act was passed in the
thParliament on 29 March 2017 and came into effect on 1st July 2017The Parliament has enacted the Central Goods and
Services Tax Act 2017 (CGST Act) while the respective states have enacted their own law The Parliament has also
enacted the Union Territory Goods and Services Tax Act 2017 (UTGST Act) for taxation of intra-state supply within the
Union territories of the Country
GST is a tax which is levied on the supply of goods and services and the tax is levied at every point of sale GST Law in India
is a comprehensive multi-stage destination-based tax that is levied on every value addition GST laws have impacted
the life of the many professionals Enactment of GST Law in India is favorable for Tax Systems growth and prosperity of
our nation
NeedofGST
With the enactment implementation of GST Law new rules and amendments introduced in the taxation system The
Tax system has been improved and everything is required to do in the bracket of GST subsuming all the previously
applicable indirect taxes
ARTICLE
ICSI-NIRC Newsletter I July 2021 32
ldquocompany secretary asgst professionalrdquo
CS Lalit Rajput ACS
lalitrajput537gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TaxesunderGST
ICSI-NIRC Newsletter I July 2021 33
3MajorComponentsofGST
CGST SGST IGST
Ta x c o l l e c t e d b y t h e C e n t r a l
Government on an intra-state sale
Tax collected by the state government
on an intra-state sale
Ta x c o l l e c t e d b y t h e C e n t r a l
Government for an inter-state sale
Revenue - Shared equally between the Centre and the State Centre will share the IGST revenue
based on the destination of goods
GSTndashAnEmergingopportunityforCompanySecretaryProfessionals
ldquoOpportunitiesknockonlyonceatyourdoorrdquo-GSTisanopportunityforprofessionalslikeuswhich
providesanopportunitytoservelearnandearn
GST law is a consolidation of many indirect taxes laws amprules with the inputs rendered by the tax authorities GST
provides an opportunity to every professional including Company Secretaries (CS) Member of the ICSI to learn and
grow with the new Tax System Structure regardless of competition with experienced professionals of the ield as this
system is new and emerging for all
After the enactment of GST Law in the country the opportunities for professionals in the area of accounting services and
tax management have increased signiicantly and so the role of Professionals including Company Secretaries We
Company Secretaries can help businesses organizations to understand the necessary document needs which are
required to submit for GST registration and relevant GST compliance post registration with the concerned authority It is
our duty and responsibility as Governance Professionals to take interest in emerging opportunity provided by the
Finance Ministry new taxation system to understand fully and then advise concerned people organization accordingly
GST is a new career opportunity for us The requirement of GST experts professionals in the market is at peak due to
various economic reforms of the nation The newness of the GST concept and due to several changes came in this law
lucrative career opportunities have been creating in GST regime for GST professionals experts Due to the increased
emphasis in GST reforms the hiring intensity for GST professionals is at an overall high There has been a huge demand
for the GST talent experts in all the business verticals due to the criticality of the subject
ARTICLE
This is the right time to become a GST experts professional and take home hefty salary packages But since the level of
professional GST expertise required in the industry is high one has to be careful ampremain updated with all the latest
concepts of GST laws
GSTCoursepromotedbyICSI
As the demand of GST professionals has been increased in the industry The Institute of Company Secretaries of India
(ICSI) In order to give suficient practical knowledge of GST has come up with Certiicate course in GST Law which is an
advanced level course and shall test a candidates knowledge of various concepts of GST along with the transitional
issues The candidates successfully complete the Course are awarded a Certiicate by ICSI
This course enables members to understand the key areas of impact in their business prepare different scenarios for
the design and application of GST identify areas of adverse impact and prepare contingency measures examining legal
documentation for recovery of taxes on existing transactions etc
RoleofCompanySecretariesunderGSTRegime
Company Secretaries Members of ICSI are LawExpertsandComplianceMaster Under section 203 of the Companies
Act 2013 Company Secretary has been deined as KMPs ie Key Managerial Personnel means person who is in-
charge of maintaining the high standard of Corporate Governance by abiding laws and regulations in timely complied
manner In other countries Company Secretary is called as Corporate Secretary as he is responsible to take care of all the
compliances with statutory and regulatory requirements
Company Secretaries can play an important role in GST Regime Company Secretaries can act as a Consultant facilitator
and an advisor to the Corporates They can ensure smooth rollout of GST Law in India To minimize tax and smooth
implementation of GST the business would require restructuring their system and Company Secretary can render
required service to and ensure proper restructuring of business
ListofsomeactivitiesandComplianceMattersthatcanbeundertakenbyaCompanyundertheGST
Regime
1RegistrationofvariousBusinessformsundertheGSTLaws
As we all know that there is no professional certiication required to ile registration of any business form with the GST
Authorities Therefore a Company Secretary professional can also render registration services to the industry
2FilingofGSTReturnswiththeGSTAuthorities
To ile GST Returns whether monthly quarterly at GST Portal for all types of Business forms there is no professional
attestation certiication required Hence a Company Secretary professional with expertisein the GST matters can also
render registration services
3ConsultancytotheEntrepreneursandRestructuringtheirBusinessSystem
Being a Company Secretary we have been always considered as Corporate Law experts We dont need any Taxation
Degree to provide consultancy on the GST matters We can comprehensively interpret the law of GST and provide
complete guidance and advisory to the business entities
4Submissionofvariousreturnsinatimeboundmanner
We are responsible for the eficient and timely administration of the company and speciically ensuring statutory and
regulatory compliance We can guide in better compliance and governance and ensure that all activities undertaken to
achieve its aim are in compliance with legal ethical and regulatory requirements
ICSI-NIRC Newsletter I July 2021 34
ARTICLE
5E-waybillsrelatedissues
E-Way Bill is an Electronic Way bill for movement of goods to be generated on the e-Way Bill Portal and is mandatory for
a GST registered person transporting goods exceeding value of Rs 50000 (Single Invoicebilldelivery challan) We can
help the business entities persons registered under GST Law to generate the W-waybill on time
We can help and support business entities in Maintenance of appropriate registers and records of the organization as
required under GST Law regime
6Taxplanning
Tax planning is an important segment for every business We can help the industry owners entrepreneurs by Tax
planning services and helps in increasing availability of cash for investment business or personal needs We are
competent to understand the impact of laws changes modiications and its various alternatives and can be helpful in
proper tax planning under GST
7EnsureadequatestepsmeasureshasbeentakentopreventfromNon-Compliance
Procedural Compliance includes registration iling of returns payments of taxes assessment etc Since a Company
Secretary is already playing the role of a Compliance Oficer under various other laws he can assist in the same under
GST law also
8AmendmentsmodiicationsampClosureofBusiness
We can helps the registered person under GST Law to submit various applications for amendments or modiications
revocation and cancellation of GST Registration
Conclusion
Registration Amendments Closure Compliance Check requirements Audit and due diligence in the matters related to
GST Law in the Corporate Sectors needs a close watch and proper guidance and laws regulations should be followed by
the Company Secretaries Company Secretaries in Practice All the records and disclosures should be made properly
The Corporate Laws including GST becomes more tough and strict against Non ndash Compliances with respect to any
matter The dynamics of the boardroom are changing and chairmen and directors are realizing that they need specialist
skilled and technical knowledgeable person in this area and they are looking to company secretaries to provide this
expertiseWe are skilled expert professionals who understand legal inancial and compliance dimensions of business
entity comprehensively
ICSI-NIRC Newsletter I July 2021 35
GST is one of the biggest taxation reforms of independent India Its main object was to integrate State economies GST is
the most historic indirect tax reform and is implemented with the aim of enhancing the overall growth of the Nation
along with supporting the MakeInIndiainitiative It aims at creating a single uniied Indian market throughout the
Nation It is a comprehensive destination based indirect tax levy of goods as well as services at the national level
Its main objective is to consolidate multiple indirect tax levies into a single tax thus subsuming an array of tax levies
overcoming the limitations of previous indirect tax structure and creating eficiencies in tax administration
GST is a consumption-based tax which is levied on the basis of ldquoDestination principlerdquo The concept relates
to taxing the supply of goods or services at the point of consumption
It is a comprehensive tax regime covering both goods and services and is collected on value-added at each stage of the
supply chain Further GST paid on the procurement of goods and services can be set off against that payable on the
outward supply of goods or services In simple words Goods and Services Tax is a tax levied on goods and services
imposed at each point of supply GST is a national level tax based on value added principle just like State level VAT which
was levied as tax on sale of inter-state goods
The essence of GST is in removing the cascading effects ie tax on tax of both Central and State taxes by allowing setting-
off of taxes throughout the value chain right from the original producer and service
providers point up to the consumer level
GST is a major improvement over existing system of VAT and disjointed Service Tax ushering a collective gain for
industry trade and common consumers as well as for the Central Government and the State Governments at large
GST as a well-designed value added tax on all goods and services is the most elegant method to eliminate distortions
and to tax consumption
Time to time there had been many amendments in GST Act to remove hardness
In starting when GST came many small business men were thinking that this is a burden on them but time to time under
this act many sections were introduced for the ease of business
For example A composition scheme was introduced in this Act
This composition scheme is an option for speciied categories of small taxpayers to pay GST at a very low rate on the base
of turnover
Now this scheme can be opted by small business men whose turnover in preceding inancial year does not exceed Rs 15
Cr and in some speciied categories eg Arunachal Pradesh Uttarakhand Manipur Meghalaya Mizoram Nagaland
Tripura amp Sikkim this limit is Rs75 Lakh
All composition dealer who opts this scheme are not required to do much compliances and they have to ile quarterly
return in place of monthly return iling
ARTICLE
ICSI-NIRC Newsletter I July 2021 36
GST in IndiaCS Sarika Gupta ACS
cssarikaguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
Earlier this scheme was only for manufacturer trader and restaurant service providers
All manufacturer and traders who opt this scheme pay GST rate of 1 while all restaurant service providers pay GST
5 under this scheme
In spite of it anewsection10(2A)is also inserted which allows small service providers providing services other than
restaurant service to opt this scheme on presumption basis Only condition for this scheme is that aggregate turnover
should not exceed Rs 50 Lakh in the previous year In this scheme they have to pay GST 6 (CGST+ SGSTUTGST) on
irst supplies of services up to a value of Rs 50 lakhs made from the date of 1st April of current year
Wecanunderstandthissectionbyoneexample
A photographer Champak Lal has commenced photography service in Delhi from April this year His turnover for
various quarter is as follows
April- June Rs 20 Lakh July ndash Sept Rs 30 Lakh Oct ndash Dec Rs 20 Lakh
He takes registration when his turnover limit is crossed ie after the month of June when turnover limit exceeds Rs 20
Lakhs Now he can opt this scheme because in preceding year his turnover is nil ie below Rs 50 Lakhs
thFor payment of tax under this scheme turnover from 1st April to 30 June will be excluded as this time he did not take
registration in GST
He will pay GST 6 on next Rs 30 Lakh turnover of July to September quarter ie Rs 180000 under this scheme
By end of September month he crosses the eligibility Turnover limit of Rs 50 Lakhs of this scheme so he has to opt out
from this scheme and to adopt normal scheme While during the irst quarter April to June he was not registered in GST
but for eligibility of this scheme turnover of this quarter will also be counted in eligibility limit
Consequently Tax payable for quarter Oct- Dec will be 20 L18 ie Rs 360000 under normal scheme
In the same way earlier all traders and manufacturer who opt this composition scheme were not allowed to provide
services except restaurant services as well as all restaurant service providers also were not allowed to provide other
services except restaurant service
But now Secondprovisotosection10(1)allowsManufacturertraderandrestaurantserviceproviderstosupply
marginal services other than restaurant services along with Goods Restaurant service in CY of value not exceeding
10ofpreviousyearsturnoverorRs500000whichever is Higher
Wecanunderstandthisfromoneexample
Binod is engaged in supply of goods His aggregate turnover in preceding FY is 60 lakh Since his aggregate turnover in
the preceding FY does not exceed 15 crore he is eligible for composition scheme in current FY Further in current FY he
can supply services [other than restaurant services] up to a value of not exceeding
(a) 10 of Rs 60 lakhs ie Rs6 lakh or
Rs 5 lakhs whichever is igher
Thus time to time there are becoming many amendments in this Act for the ease of business In overall we can say GST
(GOODS AND SERVICE TAX) is a GoodandSimpleTax
ICSI-NIRC Newsletter I July 2021 37
GST is known as the Goods and Services Tax It is an indirect tax which has replaced many indirect taxes in India such as
the excise duty VAT services tax etc The Goods and Service Tax Act was passed in the Parliament on 29th March 2017
and came into effect on 1st July 2017
In other words GST is levied on the supply of goods and services Goods and Services Tax Law in India is a
comprehensivemulti-stagedestination-basedtaxthat is levied on everyvalueaddition GST is a single domestic
indirect tax law for the entire country
GSTAdvantages
middot GST is a transparent tax and also reduces the number of indirect taxes
middot GST will not be a cost to registered retailers therefore there will be no hidden taxes and the cost of doing business
will be lower
middot Beneit people as prices will come down which in turn will help companies as consumption will increase
middot There is no doubt that in the production and distribution of goods services are increasingly used or consumed
and vice versa
middot Separate taxes for goods and services which is the present taxation system requires division of transaction
values into value of goods and services for taxation leading to greater complications administration including
compliances costs
middot In the GST system when all the taxes are integrated it would make possible the taxation burden to be split
equitably between manufacturing and services
middot GST will be levied only at the inal destination of consumption based on the VAT principle and not at various
points (from manufacturing to retail outlets) This will help in removing economic distortions and bring about
development of a common national market
middot GST will also help to build a transparent and corruption-free tax administration
middot Presently a tax is levied on when a inished product moves out from a factory which is paid by the manufacturer
and it is again levied at the retail outlet when sold
middot GST is backed by the GSTN which is a fully integrated tax platform to deal with all aspects of GST
GSTDisadvantages
middot Some Economist says that GST in India would impact negatively on the real estate market It would add up to 8
percent to the cost of new homes and reduce demand by about 12 percent
middot Some Experts says that CGST (Central GST) SGST (State GST) are nothing but new names for Central
ExciseService Tax VAT and CST Hence there is no major reduction in the number of tax layers
ARTICLE
ICSI-NIRC Newsletter I July 2021 38
goods and servicestax (gst)
CS Jaspal Singh Dhanjal FCS
cspunjabpoweryahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
middot Some retail products currently have only a four percent tax on them After GST garments and clothes could
become more expensive
middot The aviation industry would be affected Service taxes on airfares currently range from six to nine percent With
GST this rate will surpass ifteen percent and effectively double the tax rate
middot Adoption and migration to the new GST system would involve teething troubles and learning for the entire
ecosystem
What are the components of GST
There are three taxes applicable under this system CGST SGST amp IGST
middot CGST It is the tax collected by the Central Government on an intra-state sale (eg a transaction happening
within Maharashtra)
middot SGST It is the tax collected by the state government on an intra-state sale (eg a transaction happening within
Maharashtra)
middot IGST It is a tax collected by the Central Government for an inter-state sale (eg Maharashtra to Tamil Nadu)
In most cases the tax structure under the new regime will be as follows
ICSI-NIRC Newsletter I July 2021 39
Transaction GSTRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central
ExciseService tax
Revenue will be shared equally between the
Centre and the State
Sale to another State IGST Central Sales Tax + Excise
Service Tax
There will only be one type of tax (central) in
case of inter-state sales The Centre will then
share the IGST revenue based on the destination
of goods
GSTRegistration
AggregateTurnover RegistrationRequired Applicability
EarlierLimitsndashForthesaleofGoodsProvidingServices
Exceeds Rs20 lakh Yes ndash For Normal Category States Up to 31st March 2019
Exceeds Rs10 lakh Yes ndash For Special Category States Up to 31st March 2019
NewLimitsndashForSaleofGoods
Exceeds Rs 40 lakh Yes ndash For Normal Category States From 1st April 2019
Exceeds Rs 20 lakh Yes ndash For Special Category States From 1st April 2019
NewLimitsndashForProvidingServices
There has been no change in the threshold limits for service providers Persons providing services need to register if
their aggregate turnover exceeds Rs 20 lakh (for normal category states) and Rs 10 lakh (for special category states)
ARTICLE
The process by which a taxpayer gets registered under Goods and Service Tax (GST) is GST registration Once the
registration process has been completed the Goods and Service Tax Identiication Number (GSTIN) is provided The 15-
digit GSTIN is provided by the Central Government and helps to determine whether a business is liable to pay GST
WhoiseligibletoregisterunderGST
GST Registration must be completed by the following individuals and businesses
1 Individuals who have registered under the tax services before the GST law came into effect
2 Non-Resident Taxable Person and Casual Taxable Person
3 Individuals who pay tax under the reverse charge mechanism
4 All e-commerce aggregators
5 Businesses that have a turnover that exceeds Rs40 lakh In the case of Uttarakhand Himachal Pradesh Jammu amp
Kashmir and North-Eastern states the turnover of the business should exceed Rs10 lakh
6 Input service distributors and agents of a supplier
7 Individuals who supply goods through an e-commerce aggregator
8 Individuals providing database access and online information from outside India to people who live in India
other than those who are registered taxable persons
TypesofGSTRegistration
Under the GST Act GST Registration can be of various types You must be aware of the different types of GST Registration
before selecting the appropriate one The different types of GST Registration are
NormalTaxpayer
Most businesses in India fall under this category You need not provide any deposit to become a normal taxpayer There is
also no expiry date for taxpayers who fall under this category
CasualTaxablePerson
Individuals who wish to set up a seasonal shop or stall can opt for this category You must deposit an advance amount
that is equal to the expected GST liability during the time the stall or seasonal shop is operational The duration of the
GST Registration under this category is 3 months and it can be extended or renewed
CompositionTaxpayer
Apply for this if you wish to obtain the GST Composition Scheme You will have to deposit a lat under this category The
Input tax credit cannot be obtained under this category
Non-ResidentTaxablePerson
If you live outside India but supply goods to individuals who stay in India opt for this type of GST Registration Similar to
the Casual Taxable Person type you must pay a deposit equal to the expected GST liability during the time the GST
registration is active The duration for this type of GST registration is usually 3 months but it can be extended or
renewed at the type of expiry
ICSI-NIRC Newsletter I July 2021 40
ARTICLE
DocumentsrequiredforGSTRegistration
Here are the documents required to complete GST Registration
1 PAN card
2 Aadhaar card
3 Business address proof
4 Bank account statement and cancelled cheque
5 Incorporation Certiicate or the business registration proof
6 Digital Signature
7 Directors or Promoters ID proof address proof and photograph
8 Letter of Authorisation or Board Resolution from Authorised Signatory
GSTRegistrationViaAuthenticationofAadhaar
New businesses can secure their GST registration with the help of the Aadhaar The process is simple and quick The new
process came into effect from 21 August 2020 The procedure to opt for Aadhaar authentication is mentioned below
1 When you apply for GST registration you will be provided with an option to choose Aadhaar authentication
2 Select YES The authentication link will be sent to the registered email ID and mobile number
3 Click on the authentication link
4 Enter the Aadhaar number and select Validate
5 Once the details have been matched an OTP will be sent to the registered mobile number and email ID
6 Enter the OTP to complete the process You will get the new GST registration within three working days
OnlineGSTRegistrationFees
In case you complete the GST Registration procedure online no fee will be levied Once the relevant documents have
been uploaded an Application Reference Number (ARN) will be sent via SMS and email to conirm the registration
PenaltyforNotRegisteringorLateRegisteringUnderGST
If you do not pay tax or pay a lesser amount than what is due the penalty that is levied is 10 of the due amount (in case
of genuine errors) However the minimum penalty is Rs10000
If you have not registered for GST and are deliberately trying to evade tax the penalty levied is 100 of the due tax
amount
BeneitsofGSTRegistration
The main beneits of GST registration are mentioned below
1 Big projects can be accepted from Multinational Corporations (MNCs)
2 Goods can be sold online
3 Goods can be sold across the country
4 GST registration acts as valid proof as it is a legal entity registration
5 Input tax credit can be availed when any goods or services are being purchased
6 With the help of a GSTIN a current bank account can be opened
7 The GSTIN helps in increasing the brand value of the business
ICSI-NIRC Newsletter I July 2021 41
ARTICLE
GSTRegistrationExemption
The below-mentioned individuals and entities are exempt from GST registration
1 Businesses that manufacture supplies that come under reverse charge
2 Activities that do not come under the supply of goods or services Examples of such activities are the sale of a
building or land funeral services and services provided by an employee
3 Businesses that make non-GST non-taxable supplies Examples are aviation turbine fuel electricity natural
gas high-speed diesel and petrol
4 Businesses that make exempt nil-rated supplies
5 Businesses that fall under the threshold exemption limit
6 Agriculturists
ICSI-NIRC Newsletter I July 2021 42
SrNo Period RsInCrore
1 May 2021 102709
2 April 2021 141384
3 March 2021 123902
4 Feb 2021 113143
5 January 2021 119843
Conclusion
The enforcement of GST has brought in a very transparent system to the country that is also corruption-free The
beneits are far-reaching and are not only business-friendly but consumer-friendly as well This system of taxation has
placed the country well in international trade The Indian market is far more stable now than it ever was With the
application of GST India is in a much better position in the international markets which has positively affected the
economy
GSTndashAhistoricalperspective
Taxes are the prime component of development of any country The revenue from taxation is applied to inance public
goods and services such as infrastructure sanitation transportation and all other amenities which are provided by the
Government to its citizens A tax is a none penal yet compulsory transfer of resources from the private to the public
sector levied on a basis of predetermined criteria and without reference to speciied beneit received
Taxes in India used to be levied by multiple agencies such as Central Government State Governments and some local
authorities such as municipalities There are two types of taxes which are levied in India vizDirect Tax which is levied
directly to an individuals income in the form of Income Tax and Indirect Tax that is paid indirectly by the inal consumer
of goods and services
The source of powers to legislate laws in India is the Constitution of India and the authority to levy a tax is derived from
the Constitution of India which allocates the power to levy various taxes between the Centre and the States Previously
the Centre had the powers to levy tax on the manufacture of goods (except alcoholic liquor for human consumption
opium narcotics etc) while the States had the powers to levy tax on the sale of goods In the case of inter-state sale the
Centre had the power to levy a tax (CST) but the tax was collected and retained entirely by the states As for services it
was the Centre that was empowered to levy service tax
In a nutshell the previous indirect tax regime can be looked at from the point of view of Central and State laws For the
Central Government Central Excise Customs and Service Tax were the three main components For the State
Governments Value Added Tax (VAT) and CST were major taxes along with octroi entertainment tax etc which were in
many cases administered by the local bodies
VATndashThefirststeptowardsIndirectTaxReform
stIntroduction of VAT from 1 April 2005 was considered to be a major step and important breakthrough in the sphere of
indirect tax reform in India Though VAT was a successful move there were certain short-comings in the structure of
VAT This was mainly due to the form of mosaic of taxes being levied on goods and services such as luxury tax
entertainment tax etc not subsumed in the VAT thereby marginalizing the beneits comprehensive tax credit
mechanism The forms of CENVAT and State VAT were remained ineficient in fully removing the cascading effect of
taxes Such taxes added to the cost of goods and services through ldquotax on taxrdquo which the inal consumer has to bear
Variable rates under Excise Duty coupled with multiple valuation systems and various exemptions challenged the VAT
system further A business establishment having ofices in different States was required to follow the laws of the
respective states
ARTICLE
ICSI-NIRC Newsletter I July 2021 43
GOODS AND SERVICES TAX (GST)Culmination of ldquoOne Nation
One Taxrdquo ConceptCS Piyush Jain ACS
jainpiyush692gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
ChallengesofVATsystem
CENVAT was conined to the manufacturing stage and did not extend to the distribution chain beyond the factory gate
Because of this CENVAT paid on goods could not be adjusted against State VAT payable on subsequent sale of goods
This was the position for CENVAT collected on domestically produced goods and that collected as additional duty of
Customs on imported goods Whereas input tax credit of CENVAT or additional duty of custom was available to service
providers paying service tax they were unable to neutralize the State VAT or other state taxes paid on their purchase of
goods State VAT was payable on the value of goods inclusive of CENVAT and thus the VAT liability of a dealer used to get
inlated by this component without beneit of set off Inter state sale of goods attracted CST levied by the Centre and
collected by states This was an origin based tax and could not be set off against VAT in many situations VAT dealers
were unable to set off Service Tax that they had paid on their procurement of taxable input services
GSTndashthemostsigniicantindirecttaxreforminIndia
In order to address the above challenges of VAT GST was thought upon deliberated and brought in as a signiicant
improvement in the indirect tax regime at national as well as state level GST is one of the signiicant taxation reforms in
India aiming to integrate state economics and boost overall growth by creating a single uniied Indian market to make
the economy stronger
GST is consumption or destination based tax levied on goods and services at national level based on ldquoDestination
Principlerdquo It covers both goods and services and be collected on value added at each stage of the supply chain GST paid
on the procurement of goods and services can be set off against that payable on supply of goods or services GSTs prime
aim is to consolidate multiple Indirect tax levies into a single tax thus subsuming an array of tax levies overcoming the
limitations of VAT and creating eficiencies in tax administration To put it straight GST is not simply VAT plus Service
Tax but a major improvement over existing system of VAT and disjointed Service Tax ushering in the possibility of a
collective gain for industries trade and common consumers as well as for the Central and State Governments
Major Acts subsumed under GST are Excise State VAT laws Service Tax Octroi Entry tax etc
GSTndashAFlashback
In July 2000 the Government of India had set up an empowered Committee of some of the State Finance Taxation
Ministers as members with the objectives of implementation of a uniform loor rate of sale tax by States and UTs phasing
out of Sales Tax based incentive scheme to decide milestones and methods of states to switch over to VAT and to monitor
reforms in the Central Sales Tax system existing in the CountryThe Honble Union Finance Minister in the Central budget
for the year 2007-08 announced that GST would be introduced with effect from 01042010 This was based on the
recommendations of The Kelkar Task Force on indirect taxes However the deadline of April 2010 could not be met
because of the intricacies involved in the GST regime including amendment to the Constitution to give concurrent taxing
powers to the Union and State Governments
A non-Government not for proit private limited company was incorporated in the name of Goods and Services Tax
Network (GSTN) as special purpose vehicle to provide IT infrastructure and services to all the stakeholders including
Governments for implementation of GST The Constitution Amendment Bill introduced in the Lok Sabha in December
2014 was passed in May 2015 which was referred to Select Committee of Rajya Sabha The Bill was passed in August
2016 The Bill was adopted by majority of State legislatures The Bill got the assent of Honble President of India on th8 September 2016 Subsequently in April 2017 four Bills were passed by the Parliament on GST to give effect to the
stproposed system of indirect taxation The Acts came into effect from 1 July 2017
ICSI-NIRC Newsletter I July 2021 44
ARTICLE
GST-RatesandReturns
There are three types of taxes applicable under the GST regime viz CGST collected by the Central Governments on intra-
state sale SGST collected by State Governments on intra-state sale and IGST collected by the Central Government for
inter state sale GST is divided into ive different tax slabs ndash 0 5 12 18 and 28 Petroleum products alcoholic
drinks and electricity are not taxed under GST and continued to be taxed separately by the State Governments as before
In addition a Cess over and above 28 is applied on few luxury items Pre-GST tax rate for most goods was about 265
Post GST most goods fall in 18 bracket of tax rate
The Central Government in July 2017 introduced three returns for GST ie
middot GSTR-1 related to outward supply
middot GSTR-2 related to inward supply
middot GSTR-3 consolidated return including details of GSTR-1 amp 2
With a view to simplify compliances the Government scrapped GSTR-2 and 3 and introduced GSTR-3B which contains
details of inward outward supplies As a result presently only 2 returns viz GSTR-1 and GSTR-3B are iled The returns th th
are to be iled on 10 20 of the following month of GST liability
Regular taxpayers with an annual turnover of upto Rs5 crore are given an option to either pay tax and ile both GSTR-1
and GSTR-3B returns on quarterly basis or to avail an Invoice Furnishing Facility (IFF) under QRMP Scheme ie ile
GSTR-3B on quarterly basis and pay tax and ile IFF every month Taxpayers with an annual turnover of more than Rs 5
crore have to mandatorily ile both returns and pay tax on monthly basis
Further every GST registered taxable person whose turnover during a inancial year exceeds Rs 2 crore has to ile GSTR-st9 till 31 December of the next Financial Year
E-invoicingunderGST
GST was a new concept to the citizens and even to the Government itself The idea behind the introduction of GST
became successful in subsuming various indirect taxes and ease of compliance burden but it also opened gates for new
kinds of frauds by inding loopholes in the system and misusing the opportunities extended by the Government to its
citizens for their economic prosperity Tax leakage and frauds using fake invoices became a taxing problem for the
Government to counter The concept of E-invoicing was introduced in 2020to put an end to such malpractices by
mandating authorisation of every invoice from the Government portal
Under E-invoicing all B2B and Export invoices need to be generated through the Government system ie the Invoice
Registration Portal (IRP) After uploading invoice on IRP an E-invoice is generated which containsa unique Invoice
Reference Number (IRN) and a digitally signed QR code Once an IRN is generated and invoice has been authenticated its
details are made available on the GST portal and EWB portal in real-time The E-invoice can be cancelled within 24 hrs of
generation
E-invoicing was initially applicable tothose businesses exceeding turnover of Rs 500 crore which wasscaled down to
Rs 100 crore within two months Presently from April 2021 it is mandatory for every business with a turnover of more
than Rs50 crores
Its implementation has beneited the Government in plugging the tax leakage It also bridges the gaps in reconciliation
of mismatch invoices faster availability of genuine Input Tax Credit and lesser possibility of intervention by tax
authorities
ICSI-NIRC Newsletter I July 2021 45
ARTICLE
ReverseChargeMechanism
Reverse charge means the liability to pay tax is on the recipient of goods or services instead of the supplier of such goods
or services in respect of notiied categories of supply of goods of services Normally the supplier of goods or services
pays the tax on supply In the case of reverse charge the receiver becomes liable to pay tax ie the chargeability gets
reversed The person who is receiving goods or services pays GST to the Government on behalf of the person who
provides such goods or services and in turn can claim Input Tax Credit if the goods or services received are not in
negative list
ElectronicWayBill
For intra-state interstate movement of goods e-way bill system has been introduced E-way bill is required to be
generated before the commencement of movement of goods only where the value of the consignment exceeds
Rs50000 The time period for the recipient to communicate his acceptance or rejection of the consignment would be
the validity period of the concerned e-way bill or 72 hours whichever is earlier E-way bill is valid for one day up to 100
km and additional one day for every 100 km or part thereafter Form GST EWB ndash 01 is an e-way bill form It contains ldquoPart
Ardquo ie details of goods and ldquoPart Brdquo ie details of vehicle Movement of goods from the place of consigner to the place of
transporter up to a distance of 50 km does not require illing of Part B of the e-way bill The Supplier has to generate Part
A of the e-way bill Implementation of the nation wide E-Way Bill mechanism under GST regime is being done by GSTN in
association with NIC on the portal viz hpsewaybillgstgovin
GSTndashaWorkinProgress
GST one of the steps towards digitisation proved to be a revolutionary tax system for India It has boosted the economy
of the Country by eliminating the drawbacks of the VAT System automation system of tax calculation and enabling
online payment of tax and iling returns which has resulted in the growth of the revenue collection of the Government
Transporting goods from one state to another has become a smoother affair with GST replacing a messy basket of
Central Municipal and State levies Though 4 years have passed since the introduction of the GST regime hiccups and
bottlenecks continue to crop up This could be narrowed down by simplifying rules and procedures GST still being a
work-in progress needs to go a long way to achieve the objective of ldquoOne Nation One Taxrdquo concept
RecognitionofCompanySecretaryunderGoodsandServiceTax
Company Secretaries as competent professionals in the area of Indirect Taxes can get hold of plethora of opportunities
under the Goods and Services Tax Company Secretaries could act as a crucial link to bridge the knowledge gap leading
to fair and voluntary compliance of law and rightful discharge of tax liability by assesses As the gamut of Indirect Tax
expands an ocean of opportunities are being unfolded in front of us The Act itself in Section 48 reads with Rule 83 of the
Central Goods and Services Tax Rules 2017 provides that any person who has passed the Final Examination of the
Institute of Company Secretaries of India (ICSI) is eligible for enrolment as a Goods amp Services Tax Practitioner Such a
person can apply in Form GST PCT-01 on the common portal either directly or through a Facilitation Centre notiied by
the Commissioner for enrolment for registration Further Under Section 116 of Central Goods amp Services Tax Act 2017
read with Rule 84 of the said Rules a Company Secretary is entitled to appear before an oficer appointed under this Act
or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act Apart from this
Company Secretories a responsible oficer in most of the companies get entrusted with responsibilities under GST
ambit and paves the way for strategic thinking for the business development They are well connected with all the
segments right from strategy marketing compliances administration and so on This diversiication of areas of
responsibility will open up more opportunities of career growth for Company Secretaries even to reach at the top
management level
ICSI-NIRC Newsletter I July 2021 46
Goods and Service Tax is an Indirect Tax which has replaced many indirect taxes in India such as the Excise Duty Vat th st
Services Tax etc The Goods and Service Tax was passed in the Parliament on 29 March 2017 and came into effect on 1
July 2017Goods and Service Tax is levied on the supply of Goods and services Goods and Services Tax Law in India is a
comprehensive multi-stage destination-based tax that is levied on everyvaluableadditionGST is a single domestic
indirect tax law for the entire nation The structure of indirect levy in India before the arrival of GST was
ARTICLE
ICSI-NIRC Newsletter I July 2021 47
GOODS AND SERVICES TAX (GST)what is gst in india
CS Ashvini Mohan Dhuri ACS
ashwinidhuri10gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
Under the GST Regime the tax is levied at every point of sale In the case of intra-state sales central GST and State GST are
charged All the inter-state sales are chargeable to the Integrated GST
AMulti-Stage
middot An item goes through multiple change of hands along its supply chain starting from Manufacture until the Final
sale to the customer like the following
- Purchase of raw materials
- Production or manufacture
- Warehousing of inished goods
- Selling to wholesalers
- Sale of the product to the retailers
- Selling to the end consumers
- The Goods and Services Tax is levied on each of these stages making it a Multi- Stage Tax
ARTICLE
BValueAddition(VA)
ICSI-NIRC Newsletter I July 2021 48
bull A manufacturer who makes biscuits buys lour sugar and other material The value of the inputs increases
when the sugar and lour are mixed and baked into biscuits
bull The manufacturer then sells these biscuits to the warehousing agent who packs large quantities of biscuits in
cartons and labels it This is another addition of value to the biscuits After this the warehousing agent sells it to
the retailer
bull The retailer packages the biscuits in smaller quantities and invests in the marketing of the biscuits thus
increasing its value GST is levied on these value additions ie The monetary value added at each stage to
achieve the inal sale to the end customer
CDestination-Based
Consider goods manufactured in Maharashtra and sold to the inal consumer in Karnataka Since the goods and Service
Tax is levied at the point of consumption the entire tax revenue will go to Karnataka and not Maharashtra
JourneyofGSTinIndia
The GST journey began in the year 2000 when a committee was set up to draft law It took 17 long years from then for the
law to come into existence In 2017 the GST Bill was passed in the Lok Sabha and Rajya Sabha On 1stJuly 2017 the GST
Law came into force
AdvancesofGST
bull Removal of Cascading effect
bull Higher Threshold for GST registration
bull Composition scheme for all small businesses
bull Simpler online facilities for GST compliance
bull Relatively lesser compliances under GST
bull Deined treatment for E-Commerce activities
bull Increased eficiency in logistics
bull Regulating the unorganized sectors
ComponentsofGST
bull CGST CGST is a tax levied on Intra State supplies of both goods and services by the Central Government and will be
governed by the CGST Act
bull SGST SGST is a tax levied on Intra State supplies of both goods and services by the State Government and will be
governed by the SGST Act
bull IGST IGST is a tax levied on all Inter-State supplies of goods andor services and will be governed by the IGST
ARTICLE
Illustration
Let us assume that a dealer in Gujarat had sold the goods to a dealer in Punjab worth Rs 50000 The tax rate is 18
comprising of only IGST Here the dealer has to charge IGST of Rs 9000 This revenue shall go to the Central Government
The same dealer of Gujarat sells goods to a consumer in Gujarat worth Rs 50000The GST rate on goods is 12 This rate
comprises CGST at 6 and SGST at 6The dealer has to collect Rs6000 as Goods and Service Tax Rs 3000 will go to the
Central Government and Rs3000 will go to the Gujarat Government since the sale is within the State
TaxLawsbeforeGST
In the earlier indirect tax regime there were many indirect taxes levied by both the state and the centre States mainly
collected taxes in the form of Value Added Tax (VAT) Every state had a different set of rules and regulations Inter-state
sale of goods was taxed by the centre CST (Central State Tax) was applicable in case of inter-state sale of goods The
indirect taxes such as the entertainment tax octroi and local tax were levied together by state and centre These led to a
lot of overlapping of taxes levied by both the state and the centre For example when goods were manufactured and sold
excise duty was charged by the centre Over and above the excise duty VAT was also charged by the state It led to a tax on
tax effect also known as the cascading effect of taxes The following is the list of indirect taxes in the pre-GST regime
middot Central Excise Duty
middot Duties of Excise
middot Additional Duties of Excise
middot Additional Duties of Customs
middot Special Additional Duty of Customs
middot Cess
middot State VAT
middot Central Sales Tax
middot Purchase Tax
middot Luxury Tax
middot Entertainment Tax
middot Entry Tax
middot Taxes on advertisements
middot Taxes on lotteries betting and gambling
CGST SGST and IGST have replaced all the above taxes
ICSI-NIRC Newsletter I July 2021 49
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST+ SGST VAT + Central
Excise Service Tax
Revenue to be shared equally between Centre and the
State
Sale to another State IGST Central Sales Tax +
excise Service Tax
There will be only one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
ARTICLE
HowhasGSThelpedinPriceReduction
During the pre-GST regime every purchaser including the inal consumer paid tax on tax This condition of tax on tax is
known as the cascading effect of taxesGST has removed the cascading effect Tax is calculated only on the value-addition
at each stage of the transfer of ownership The indirect tax system under GST will integrate the country with a uniform
tax rate It will improve the collection of taxes as well as boost the development of the Indian economy by removing the
indirect tax barriers between states
Illustration
Based on the above example of the biscuit manufacturer lets take some actual igures to see what happens to the cost of
goods and the taxes by comparing the earlier GST regimes
Taxcalculationsinearlierregime
ICSI-NIRC Newsletter I July 2021 50
Action Cost(Rs) Taxrateat10(Rs) InvoiceTotal(Rs)
Manufacturer 1000 100 1100
Warehouse adds a label and
repacks at Rs300
1400 140 1540
Retailer advertises at Rs 500 2040 204 2244
Total 1800 444 2244
The tax liability was passed on at every stage of the transaction and the inal liability comes to a rest with the customer
This condition is known as the cascading effect of taxes and the value of the item keeps increasing every time this
happens
Taxcalculationsincurrentregime
Action Cost(Rs) Taxrateat10(Rs)
Taxliabilitytobedeposited(Rs)
InvoiceTotal(Rs)
Manufacturer 1000 100 100 1100
Warehouse adds a label and
repacks at Rs300
1300 130 30 1430
Retailer advertises at Rs 500 1800 180 50 1980
Total 1800 180 1980
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
ARTICLE
WhataretheNewCompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
1E-WayBills
GST introduced a centralized system of waybills by the introduction of ldquoE-way billsrdquo This system was launched on 1st
April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of goods in a staggered
manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods transported
from the place of its origin to its destination on a common portal with ease Tax authorities are also beneited as this
system has reduced time at check -posts and helps reduce tax evasion
2E-invoicing
The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual aggregate turnover of
more than Rs500 crores in any preceding inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100 crores These businesses must obtain a
unique invoice reference number for every business-to-business invoice by uploading on the GSTNs invoice
registration portal The portal veriies the correctness and genuineness of the invoice Thereafter it authorizes using the
digital signature along with a QR code E-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to the GST portal and the e-way bill portal It
will therefore eliminate the requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way
bills too
3ChangeinRegistrationLimit
Increase in GST registration limit from Rs 20 lakhs up to Rs 40 lakhs for suppliers of goods Changes in the existing
composition scheme made by increasing the turnover limit to join the scheme up to Rs 15 crores tax payments to be
made quarterly and returns to be iled annually starting 1st April 2019
4Variousotheramendments
43rd GST Council meeting will take place on 28th May 2021 (Friday) at 11 AM via video conferencing and will be
chaired by Union FM Nirmala Sitharaman
middot Section 16 amended to allow taxpayers claim of input tax credit based on GSTR-2A and 2B Henceforth ITC on
invoices and debit notes may be availed only when the details of such invoice or debit note have been furnished
by the supplier in the statement of outward supplies and such details have been communicated to the recipient
of such invoice or debit note
middot Section 50 of the CGST Act is being amended to provide for a retrospective charge of interest on net cash liability
with effect from 1st July 2017
middot With respect to orders received on detention and seizure of goods and conveyance 25 of penalty needs to be
paid for making an application for appeals under section 107 of the CGST Act Date of applicability is yet to be
notiied
ICSI-NIRC Newsletter I July 2021 51
ARTICLE
middot GST audit requirement by speciic professionals such as CAs and CMAs has been removed from the GST law
Section 35 and 44 has been amended in this regard As per the amendment only GSTR-9 annual returns on a self-
certiication basis need to be iled on the GST portal by taxpayers completely removing the requirement for
GSTR-9C ie the reconciliation statement However the inancial year and date of applicability are yet to be
clariied by the government
middot Section 7 of the CGST Act was amended to include a new clause under the deinition of supply Activities or
transactions involving the supply of goods or services by any person other than an individual to its members or
constituents or vice-versa for cash deferred payment or other valuable consideration falls under supply and
will be liable to tax Earlier this supply would have been considered as only supply of goods under schedule II So
the scope is expanded now for levy
middot Seizure and coniscation of goods and conveyances in transit are now made a separate proceeding from the
recovery of tax from Section 74
middot Self-assessed tax referred to under section 75 of the CGST Act shall also cover the outward suppliessales as
reported in the GSTR-1 under Section 37 of the CGST Act but which has been missed out while reporting in the
GSTR-3B under Section 39
middot The provisional attachment shall remain valid for the entire period starting from the initiation of any proceeding
till the expiry of a period of one year from the date of order made there under
middot Section 129 is delinked from Section 130 Accordingly proceedings relating to detention seizure and release of
goods and conveyances in transit will be separate from the levy of penalty for the coniscation of goods and
conveyance
middot The Jurisdictional Commissioner can now call for information from any person relating to any matter dealt with
in connection with the Act under Section 151 together with section 168 Further section 152 is amended to
provide an opportunity of being heard before using information obtained under Sections 150 or 151 of the Act
middot The IGST Act was also amended in Section 16 that deines a zero-rated supply Three amendments were made ndash
(1) To state that supply to SEZ units developers will be zero-rated only if it is authorized operations (2) Only
notiied persons or supplies of goodsservices can avail the status of zero-rated when IGST is paid (3) Foreign
exchange remittance will be linked in case of export of goods with the refund
ICSI-NIRC Newsletter I July 2021 52
ThePerspectivest thOn 1 July 2021 our beloved and most controversial Goods and Service tax Act will be celebrating its 4 Birthday The 3
Major Motive for introducing GST were One nation One Tax Ease of compliances and Seamless Flow of credit to
eliminate the cascading effect of the Taxes In these 4 years GST has undergone more than 900 amendments through
Notiications Circulars and Press Release There has been Chronic Tinkering and twisting of the provisions and as a
result of that the provisions which are currently in force are completely different from the one which were introduced in
the beginning
WhatisGST
Goods and Services Tax is levied on the manufacturing and sales of goods and services across the country The tax is
charged at every stage of the manufacturing process GST is applicable for both the customer and the manufacturer It is a
destination-based tax This means that GST is to be collected at the point of consumption So if a product is
manufactured in Bihar and is sold in Bhopal the tax will be levied in Bhopal Moreover at every stage of the
manufacturing process where value is added to the product GST is collected
Introduced as one of the biggest economic reforms by the BJP-led Modi government the GST kicked off with the promise
to streamline taxation and compliance burden Experts also claimed that in many ways it has streamlined the process
ldquoBased on the one nation one tax ideology GST has helped in reducing the cascading effect of tax considerably Also
multiplicity of compliances under various indirect taxes has been reduced Hence introduction of GST in India has
brought in eficiencies in indirect tax compliance incidence and reduced the number of indirect tax authorities that a
taxpayer needed to interact with
EffectofGSTontheIndianeconomy
In a few months Goods and Services Tax law in India will celebrate its fourth birthday This could be a good time to raise
the question whether GST has been a success in India Responses to this question normally swing between two extremes
- the government and the tax department would say that GST has been an unqualiied success while the taxpayer who
has struggled to cope with the rapid changes in the law would say that GST has been a disaster As is normally the case
with such extremities the truth lies in the middle GST has its good points and its poor points with the latter winning
over the former Had the implementation been more smooth the poor points would have been overshadowed by the
good parts of GST
The introduction of GST has helped merge the taxes of the state and central governments This has helped remove the
cascading effect of multiple taxes Therefore the burden of taxes has reduced for companies and customers Not just this
taxpayers have increased in number and hence the tax revenues have also increased signiicantly Over the last year or
so two developments in GST should be considered to be huge positives
ARTICLE
ICSI-NIRC Newsletter I July 2021 53
GST ndash Impact Issuesand Suggestions
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS (Dr) S K Gupta FCS
cbstskguptagmailcom
ARTICLE
The concept of e-invoicing has been introduced in stages ndash this is a step that would ensure greater transparency in
supplier-receiver transactions which results in proper availment and utilization of input tax credit Simultaneously the
government appears to have announced a war to ight the menace of fake invoicing which was taking away a substantial
portion of GST revenues
The implementation of GST has signiicantly affected the Indian economy in the following ways
middot SimpliicationofthetaxstructureGST has simpliied the taxation system of the country As GST is a single tax
calculating taxes at the multiple stages of the supply chain has become easier Through this both customers and
manufacturers get a clear idea of the amount of tax they are charged and its basis Further hassles of handling tax
oficials and authorities can also be avoided
middot FosteringproductionAs per the Indian retail industry the total tax component is around 30 of the product
cost Due to the impact of GST the taxes have gone down So the end consumer has to pay lesser taxes The
reduced burden of taxes has enhanced the production and growth of the retail and other industries
middot SMEsupport Small and medium enterprises can now register under the Composition Scheme introduced by
GST Through this scheme they pay taxes according to their annual turnover Therefore businesses having an
annual turnover of Rs 15 crores only have to pay 1 GST Moreover other enterprises having a turnover of Rs
50 lakh are required to pay 6 as GST
middot EnhancedpanIndiaoperations Companies can now avoid taxation roadblocks such as toll plazas and check
posts Earlier these created problems including damage to unpreserved products while transporting them So
manufacturers had to keep buffer stock to make up for the damages These overhead costs of storing and
warehousing hampered their proit A single taxation system has reduced these problems They can now
transport their goods easily across India This has resulted in the improvement of their pan India operations
middot Increaseinexports GST has reduced the customs duty on exporting goods The cost of production in the local
markets has also decreased due to GST All these factors have increased the rate of exports in the country
Companies have become more competitive when it comes to expanding their businesses globally
middot Thegoods and services tax (GST)has ensured formalizationof the economy and improved mop-up
delivering seamless convergence under the one-nation one tax theme said industry champions unanimously
calling it an enabler of ease of doing business With uniformity of rates and elimination of multiple other indirect
taxes GST has cut out the cascading of levies widened the tax net and added to revenues
IssuesunderGST
middot Dificulty in claiming input tax credit and ever changing rules make compliance a cumbersome businessldquoInput
Tax Credit (ITC) is an area which has certain limitations that need to be addressed The GST regime sought to
have a seamless low of ITC however conditions for availing ITC being stringent many taxpayers lost out on ITC
middot Taxpayers are also complaining about the imposing an arbitrary monetary limit on availing input tax credit
through Rule 36(4) and mandating that a certain percentage of GST has to be paid in cash
middot The nationwide lockdown has intensiied the problem of revenue shortfall for states with the Centre not paying
up the dues on time Also with coffers drying up and with social and health spending going up states are growing
disenchanted with the system
middot The meetings of the GST Council are not as frequent as they were earlier if the recent incidents are anything to go
by and it often end up with disagreement ight and strong letters and statements
ICSI-NIRC Newsletter I July 2021 54
ARTICLE
middot The core theme of the one nation one tax slogan seems to be diluted with the introduction of state-level cesses
for example Kerala Flood cess at the rate of up to 1
middot Challenges for the exporters for smooth processing of GST refunds have been an area of concern while the
government has taken several initiatives for speedy processing of refunds the beneit is taking time to percolate
to corporates effectively
middot With the advent of GST various petitions seeking release of detained goods and hardships faced due to technical
glitches have been iled Moreover the constitutional validity of some of the GST provisions have been contested
before the courts It cannot be denied that AAR authorities have helped to clarify several controversial issues
However contradictory rulings on identical matters should be addressed soon
middot The announcement that a GST reconciliation statement need not be certiied by an auditor could have probably
waited for a couple of years more since the department would need some authentic database on what
components of the revenue statement would attract GST ndash a task best left to the auditor of the entity
middot We all know that in GST there will be the lot of litigations coming in near future and we all know the reason In
this 4 years GST has become more prone to litigation Even for simple revocation of cancellation of registration
after the prescribed days the taxpayer has to ile the appeal So we can presume the litigations that are going to
happen in near future
SuggestionsforimprovingeffectivenessofGST
middot There is an invariable need to put a halt on the changes in tax rates and decide the rate structure that is static for a
few years Adding on to that increasing the tax rates is not an ideal solution for grabbing more revenue especially
in the era of an economic slowdown In short there is a need for a simpliied tax structure of only three tax slabs
Either we need to merge 12 amp 18 or 5 amp 12 slabs into one
middot Some goods amp services like electricity real estate and petroleum are out of GST structure As they are out of GST
bracket the input tax credit beneits cannot be utilized by the segments involved in the process and so it is a loss
for them In addition these sectors are out of the indirect tax system at the mercy of state government Some
sectors such as oil and gas are demanding to be included in the GST Even experts suggest that the right way to
implement GST is to put all the sectors under the bracket of GST but it would take some time to implement the
required tweaks to the system
middot Exempt supplies must not form part of ldquoaggregate turnover‟ to determine threshold limit for taking registration
in GST It must be excluded from the Aggregate Turnover The threshold limit of 20 Lakhs more will be signiicant
for SMEMSME sector This will enable a small taxpayer having majorly exempt supplies with only a small
portion of taxable supplies to remain out of the net of GST
middot The current composition scheme is applicable only for manufacturers traders and restaurant service providers
In the GST amendments it has been proposed by the GST Council to enable registered manufacturers and
traders to opt for composition scheme us 10(1) of the CGST Act even if they supply services of value not
exceeding 10 of the turnover in the preceding FY in a StateUnion territory or Rs 5 lakhs whichever is higher
The beneit of composition scheme must be extended to other service providers by providing certain percentage
or ceiling for inter-state outward supplies of goods for the beneit of SMEMSME sector in true sense Presently
a person opting for composition scheme is not allowed to make any inter-state outward supply of goods which is
creating a bottle neck for small sector
ICSI-NIRC Newsletter I July 2021 55
ARTICLE
middot A suitable clariication is required with regard to the deinition of ldquoagent‟ under Section 2(5) (vii) of Section 24
of CGST Actas it covers only those persons who supply taxable goods on behalf of any other person ie
consignment agents Clarity on Compulsory Registration for ldquoagentsrdquo is only conined to consignment agents
Controversy whether the commission agents or brokers who merely facilitate a transaction between two parties
like procuring orders etc are also debarred from the beneit of threshold limits of registration ie Rs 20 Lac
middot As part of ICT the government should promote the usage of Point of Sales (PoS) machines which are closely
integrated with the Inventory Invoicing and GST Returns iling This will ease the reporting compliance as the
small traders are inding it dificult for tracking and maintaining inventory based on HSN codes Subsidy may be
given for procurement of such PoS machines so that it will increase the return iling ratio and also minimize the
digital transactions which has increased during the demonetization period but the same started falling and
reaching lower levels than the pre-demonetization period
middot IGST credit to be restricted only on import of raw materials - Manufacturers of India must be incentivized in
comparison to their position with traders of imported inished goods IGST credit on imports should be
restricted only to the manufacturer of imported raw materials Import of Finished goods must not be allowed
par beneit of credit of IGST to the trader of imported inished goods This will make the position of
manufacturers wiser and encouraging as compared to importers This will boost Make in India and promote
domestic manufacturers
middot Taking into consideration the rigorous procedure involved in Advance Ruling provisions iling of application on
behalf of association representing its members in a State may be permitted This will beneit small taxpayers not
being able to adopt this route for seeking certainty of their GST issues Such application can be accompanied
with list of all the members with their GSTIN on whom such ruling shall be applicable
middot If the MSME taxpayers pays the taxes promptly and also iles the returns in time there should be a certain
percentage of the amount of tax paid should be rewarded back This will prompt the taxpayers to be honest and
take the incentive This amount should be declared or given after the audit assessment so that undue beneit
will not be passed on the taxpayers Also region wise such taxpayers should be honored this will also motivate
others to pay taxes upfront
Conclusion
This is the third consecutive year India has made waves on the Doing Business ranking India improved on six of ten
parameters set by the World Bank as against eight last year becoming among top ten improvers for the second time in a
row This year alone India has moved up by a phenomenal 14 spots on the Doing Business Index a feat achieved by most
countries over a 20 year period Finance Minister Nirmala Sitharaman has spoken of the Governments keen interest in
improving rankings and keeping that goal in mind they are prepared to implement all sorts of reforms - especially under
GST and GST Compliance
ICSI-NIRC Newsletter I July 2021 56
stOn 1 July 2021 our beloved Goods and Service tax Act will be celebrating its 4th Birthday GST was introduced for 3
major purposes as One nation One tax ease of compliances and seamless low of credits to remove the cascading effects
of the taxes However in the last 4 years GST is reshaping itself by more than 900 amendments through Notiications
Circulars and Press release accordingly we can say it is changing day by day In this article author has discussed the topic
of ldquoE-way Bill under Goods and Services Tax (GST)rdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 57
E-way Bill under Goodsand Services Tax (GST)
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Sandeep Singh Chauhan ACS
sandy673711gmailcom
WhatisE-wayBill
E-way bill is an electronic permit or electronic generated document for movement of goods from one place to another
place which is to be generated on the E-way bill portal ie on wwwewaybillgstgovin
Earlier before the introduction of GST there was no concept of electronic way bill However the need to have check and
balances in the present has been felt necessary to discourage the parallel economy Introduction of E-way Bill in India
has been effected for inter-State movement of goods across the country from 1st April 2018 and on notiied dates by
respective State Government for intra state movements
WhenshouldE-wayBillbegenerated
If the value of goods of consignment is more than Rs 50000- except for certain speciied goods meant for Job work
goods meant for export with Customs seal from factory to Port airport ICD imported goods goods sent on approval
basis exhibition or fairs purposes removal for testing removal from factory to weighbridge for weighment of goods
and back to factory up to 20 kms inward supply from unregistered person SKD CKD Sales return For own use and
exempted goods
ARTICLE
ICSI-NIRC Newsletter I July 2021 58
Accordingly E-way Bill shall mandatorily generated on the common portal for all types of movements if the value of
goods exceeds more than Rs 50000- however E-way Bill needs to be generated mandatory even if the value of
consignment of goods is less than Rs 50000 where ndash
1 Movement of goods in inter-state by principal to the Job-worker
2 Handicraft goods are transported from one State or Union territory to another State or Union territory by a
person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of
section 24 of the CGST Act
Here the term Consignment Value means value determined as per section 15 of the CGST Act as mentioned on the
invoice bill of supply or delivery challan as the case may be including the applicable tax thereon However such
consignment value shall exclude the value of exempted supply where the invoice is issued in respect of both exempt and
taxable supply of goods (ldquoNotiicationNo122018rdquo)
WhoshouldgenerateE-wayBill
The primary responsibility to generate E-way Bill shall be of the registered person who causes the movement of goods
ie the consignor or the consignee as the case may be However if such consignor or consignee doesnt generate the
EWB it may be generated by transporter as well if authorized by the registered person In case of supply of goods by an
unregistered person to registered person the liability to generate EWB is on the recipient
As per revised Rule 138 (2) under Notiication No 122018 it has been provided that E-way Bill shall be required to be
generated in case the goods are transported by consignor or consignee in his own vehicle or in a hired one or a public
conveyance by road In such case the registered person causing the movement of goods may raise the EWB after
furnishing the vehicle no in Part B of FORM GST EWB ndash 01 if the value of goods being transported is more than
Rs50000-
Railway has been exempted from generation and carrying of e-way bill with the condition that without the production of
e-way bill railways will not deliver the goods to the recipient But railways are required to carry invoice or delivery
challan etc
ARTICLE
ICSI-NIRC Newsletter I July 2021 59
WhenE-wayBillisnotrequiredtobegenerated
In the following cases E-way Bill is not required to be generated
(i) The goods being transported are speciied in Annexure under Rule 138(14) of the Central Goods and Services Tax
Rules2017
(ii) The goods are being transported by a non-motorized conveyance
(iii) The goods are being transported from the port airport air cargo complex and land Customs Station to Inland
Container Depot or Container Freight Station ( for clearance by Customs)
(iv) The movement of goods within areas notiied under clause (d) of sub-rule (14) of the Goods and Services Tax Rules
of the Concerned State
(v) Goods ( other than de-oiled Cake) speciied in the Schedule appended to Notiication No22017-CT(Rate) dated
the 28th June2017 ie goods exempted from GST
(vi) Alcoholic liquor for human consumption petroleum crude high speed diesel motor spirit (commonly known as
petrol) natural gas or aviation turbine fuel
(vii) Goods which have been declared as no supply in Schedule III of CGST Act2017
(viii) Where the goods are being transported under Customs bond from an inland container depot or a container freight
station to a Customs port airport air cargo complex and land Customs station or from one Customs station or Customs
port to another Customs station or Customs port or under Customs supervision or under Customs seal
(ix) Where the goods being transported are transit cargo from or to Nepal or Bhutan
(x) Where the goods being transported are exempt from tax under Notiication No 72017-CT(Rate) dated 28th
June2017 as amended from time to time and Notiication No 262017-CT(Rate) dated the 21st September2017 as
amended from time to time
(xi) Any movement of goods caused by defence formation under Ministry of defence as a consignor or consignee
(xii) Where the consignor of goods is the Central Government Government of any State or a local authority for transport
of goods by rail
(xiii) Where empty cargo containers are being transported and
(xiv) Where the goods are being transported upto a distance of twenty kilometers from the place of business of the
consignor to a weighbridge for weighment or from the weighbridge back to the place of business of the said consignor
subject to condition that the movement of goods is accompanied by a delivery challan issued in accordance with Rule 55
BlockingandUnblockingofE-wayBill
middot E-way bill generation is blocked for taxpayers who have not iled their returns for the previous two consecutive
monthsquarters
middot Thus if a taxpayer has not iled GSTR-3B for two or more consecutive months then heshe cannot generate e-
way bills to do dispatches and receive goods resulting in a standstill
middot Only when a taxpayer iles GSTR-3B the e-way bills will get unblocked on the next day
middot The system of e-way bill clocking was implemented from the 2nd of December 2019
ARTICLE
ICSI-NIRC Newsletter I July 2021 60
Forexample if a taxpayer has not iled his GSTR-3B for April 2021 and May 2021 then his GSTIN will get blocked in the
e-way bill portal from June The main intention of the government is to track down the non-ilers of GST returns and
make them compliant
WhatifE-wayisnotgenerated
If the suppliers or transporters are not generating the e-way bills the same will be considered as contravention of
statutory provisions of GST law
As per Section 122 (xiv) of the CGST Act 2019 a taxable person who transports any taxable goods without the cover of
speciied documents E-way bill shall be liable to pay a penalty of Rs 10000- or an amount equivalent to the tax
evaded
As per section 129 of CGST Act2017 where any person transports any goods or stores any goods while they are in
transit in contravention of the provisions of this Act or the rules made thereunder all such goods and conveyance used as
a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to
detention or seizure to recover applicable tax and penalty from the person transporting goods and the owner of the
goods
SomeoftheimportantjudicialpronouncementonE-wayBill
SNo CaseName IssueampSummary
1 Ms KB Enterprises Vs Asst
Commissioner State Taxes amp
Excise-2019(12) TMI 1089-
GSTAA-HP
Section 129 proceeding cannot be initiated for Minor mistake(s) in e-
way bill- The minor mistakes in Part-B of the e-way bill (error in one or
two digitscharacters of the vehicle number) will not invite detention
order and only penalty of Rs 1000- (CGST- Rs 500- amp SGST-Rs 500-)
will become due to payable
2 Godrej Consumer Products Ltd
Vs ACSTampE-Cum- GIBHP
G o d re j C o n s u m e r 1 1 - 0 2 -
2020HC-67
Typographic error in entering distance in E-way bill is minor
mistake-Due to a typographic error while generating E-way bill the
petitioner mentioned approx distance between Puducherry to Himachal
Pradesh as 20 Kilometers instead of 2000 Kilometers As a result a
validity of one day has been calculated by the E-way bill portal instead of
twenty days and the E-way bill subsequently got expired on the very next
day The consignment was intercepted on dated 15th Sep 2018 and
thereby a taxpenalty has been imposed under section 129 of
HPGSTCGST Act 2019 for contravention of Rule 138 However it was
held by the Honble HC that typographic error may be treated as a minor
one and in such case if the demand and penalty have been levied by the
proper oficer us 129 the same need to be refunded to the supplier
ARTICLE
ICSI-NIRC Newsletter I July 2021 61
3 Hindon Machinery Tools Vs
State of UP- 2019 (22) GSTL 4
(All)
ReleaseoftheseizedgoodsforwritingwrongTaxInvoiceNoonE-
way Bill- Incorrectly mentioning the number of tax invoices as tax
invoice number on E-way Bill- Prima facie there seems no discrepancy in
E-way Bill attracting seizure of goods Goods directed to be released
without insisting for a deposit of any amount and furnishing security as
GST already paid on goods
4 Daily Fresh Fruits India Private
Limited v Commissioner SGST
2020-VIL-115- KER
Detentionofgoodsonthegroundofwrongclassiicationofgoods-
The High Court quashed detention order on the ground that this was a
bona-ide case of dispute in the classiication of goods and directed
release of goods
5 Commercial Steel Company v
Assistant Commissioner of State
Tax 2020-VIL- 116-TEL
Goodscannotbedetainedjustbecausedriverhastakenadifferent
route-The High Court observed that vehicle was found at another place
does not automatically lead to any presumption that there was an
intention of evasion of tax
6 Kun Motor Co Pvt Ltd Versus
Assistant State Tax Oficer
Kerala State GST Department
Thiruvananthapuram- 2019
(21) GSTL 3 (Ker)
Incidence of Tax is on Supply andnot onnature of transport-A
person from Trivandrum goes to Pondicherry purchases a car and
entrusts it to the car dealer to transport it to Trivandrum On the way in
Kerala the oficials under the GST Act intercept the vehicle and detain
the goods for no e-way bill accompanies the consignment The High
Court held that detention of car was illegal
The 43rd GST council meeting was held on 28th May 2021 The GST Council has met after more than six months The
meetings were chaired by Finance Minister Smt Nirmala Sitharaman Union Minister of State for Finance and Corporate
Affairs Shri Anurag Thakur was also present at the meeting besides the Finance Ministers of the states and union
territories (UTs) and other senior oficers of both the Ministry of Finance and the States and UTs
rdImportantMeasurestakeninGSTinthe43 CouncilMeetingforfacilitationreliefto
taxpayers
1AnnualReturnrelatedmeasures
middot Amendment in section 35 and 44 of CGST Act 2017 has been made through Finance Act 2021 to provide for self-
certiication of reconciliation statement in FORM GSTR-9C instead of previous requirement of certiication of
such statement by a Chartered Accountant Cost Accountant The said amendment would be notiiedwith
effectfrom01082021
middot This amendment will be applicable for the Annual return for the FY2020-21
middot The formatof GSTR-9 and GSTR-9C forms for FY 2020-21 would be same as for FY 2019-20 except for some
minimal changes to give effect to the said amendment
middot Requirement of furnishing annual return in FORMGSTR-99A for FY 2020-21 has been continued to be
optional for the taxpayers with annual turnover uptoRs2crores
middot Requirement of furnishing reconciliation statement in FORMGSTR-9Cfor FY 2020-21 will also continue to be
waived for the taxpayers with annual turnover uptoRs5crores
2AmnestySchemetoproviderelieftotaxpayersregardinglatefeeforpendingreturns
middot To provide relief to the taxpayers especially smaller taxpayers from high amount of late fee on pending returns
a latefeeamnestyscheme has been brought out in respect of pending returns in FORMGSTR-3B for the tax
periods from July2017toApril2021
middot Latefeehasbeenreduced waived conditionally in respect of such pending returns in FORMGSTR3B for the
tax periods from July2017toApril2021as under -
a Late fee capped to a maximum of Rs500-(Rs 250- each for CGST amp SGST) per return for taxpayers who did
nothaveanytaxliabilityfor the said tax periods
b Late fee capped to a maximum of Rs1000-(Rs 500- each for CGST amp SGST) per return for other taxpayers
c The reduced rate of late fee would be conditional and apply only if GSTR-3B returns for these tax periods are
furnished during the period between01062021to31082021
ARTICLE
ICSI-NIRC Newsletter I July 2021 62
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
Goods andServices Tax
ARTICLE
ICSI-NIRC Newsletter I July 2021 63
3Rationalizationoflatefeeimposedundersection47oftheCGSTAct
Late fee structure under section 47 has been rationalized for prospective tax periods to give relief to smaller taxpayers
from burden of higher late fee by linking the maximum late fee with tax liability turnover of the taxpayer
middot The late fee for delay in furnishing of FORMGSTR-3BandFORMGSTR1 has been capped as below for tax
periods June 2021 QE June 2021 onward
middot Fortaxpayershavingniltaxliability in GSTR-3B or nil outward supplies in GSTR-1 the late fee has been
capped at Rs500perreturn
middot Forothertaxpayers
a) For taxpayers having Annual Aggregate Turnover (AATO) in preceding year upto Rs 15 crore late fee has
been capped to a maximum of Rs2000perreturn
b) For taxpayers having AATO in preceding year between Rs 15 crore to Rs 5 crore late fee has been capped to a
maximum of Rs5000perretrun
c) For taxpayers having AATO in preceding year above Rs 5 crores late fee has been capped to a maximum of Rs
10000perreturn
middot The late fee for delay in furnishing of FORM GSTR-4 by composition taxpayers has been capped to Rs 500 per
return if tax liability is nil in the return and Rs 2000 per return for others from FY 2021-22 onward
middot Late fee payable for delayed furnishing of FORM GSTR-7 has been reduced to Rs50- per day and has been
capped to a maximum of Rs 2000- per return for returns from the month of June 2021 onward
4Retrospectiveamendmentofsection50toprovideinterestpaymentonnetcashbasis
middot Section 112 of the Finance Act 2021 relating to retrospective amendment in section 50 of the CGST Act has been
brought into force from 01062021
middot Accordingly retrospective amendmenthas been made in Section 50of CGST Act 2017 with effect from
01072017 to provide for payment of interest on the delayed payment of tax on netcashbasis
middot This will facilitate the taxpayers and help in removing ambiguity and disputes regarding payment of interest on
gross tax basis or net cash basis
5COVIDReliefMeasuresinGSTth st st
Government has issued various notiications on 27 April 2021 1 May 2021 and 1 June 2021 providing a number of
relief measures for taxpayers in GST
sect ReductioninrateofinterestConcessional rates of interest in lieu of the normal rate of interest of 18 per
annum for delayed tax payments have been provided for the months of March April and May 2021
sect Waiverof late fee Late fee waived for speciied number of days in respect of returns in FORMGSTR-3B
furnished beyond the due date for tax periods March April and May 2021 due in the April May and June 2021
respectively
sect ExtensionofduedateofilingGSTR-1IFFGSTR-4andITC-04
sect Due date of iling FORMGSTR-1 and IFF for the month of April 2021 and May 2021 has been extended by 15
days
sect Due date of iling FORMGSTR-4 for FY 2020-21 has been extended from 30th April 2021 to 31st July 2021
sect Due date of furnishing FORMITC-04 for Jan-March 2021 quarter has been extended from 25th April 2021 to
30th June 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 64
sect Extensioninstatutorytimelimitsundersection168AoftheCGSTAct Time limit for completion of various
actions by any authority or by any person under the GST Act which falls during the period from 15th April 2021 to
th th29 June 2021 has been extended upto 30 June 2021 subject to some exceptions as speciied in the notiication
sect Otherrelaxations
bull RelaxationinaailmentofITC Rule 36(4) ie 105 cap on availment of ITC in FORMGSTR-3B to be applicable
on cumulativebasisfor period AprilMayandJune2021to be applied in the return for tax period June 2021
Otherwise rule 36(4) is applicable for each tax period
bull The iling of GSTR-3B and GSTR-1IFF by companiesusing electronic veriication code (EVC) instead of Digital
Signature Certiicate (DSC) has been enabled for the period from the 27042021to31082021
6Refundrelatedmeasures
bullFacilityforwithdrawaloftherefundclaims
bull A new form RFD-01W has been provided for iling application of withdrawal of a refund claim by
amendment in Rule 90 of CGST Rules
bull It will help the taxpayers who have iled the refund application by mistake or for wrong period or have
made any mistake omission in the refund claim to withdraw the refund application rather than to ile
appeal once the refund claim is rejected
bullExclusionoftimetakenforissuanceofdeiciencymemoforcalculatinglimitationperiodforilingafresh
refundapplicationafterremovingdeiciencies
bull Rule 90 of CGST Rules amended to exclude the time taken by tax oficer in issuing deiciency memo in
FORM RFD-03 for purpose of calculating time for iling fresh refund claim after removal of deiciencies
bull This will help taxpayers in iling such fresh refund claims after removing deiciencies without getting
time barred due to time taken for issuance of deiciencies by the tax oficers
7RelaxationsinprovisionsofblockingofE-waybills
bull Rule 138E of CGST Rules 2017 amended to provide for restriction on generation of e-way bill only in respect of
outwardmovementof goods of a registered person who has defaulted in furnishing returns for 2 months or 2
consecutive tax periods
bull Prior to this amendment the supplier was not able to generate e-way bill for supply of goods to the defaulting
recipient though there may not have been any default on the part of the supplier himself
bull Withthisamendmentissuanceofe-waybillbythecompliantsupplierwillnotbeblockedin respect of
supply made to recipient including a recipient who has defaulted in furnishing two consecutive returns This
wouldensurethatbusinessofcompliantsuppliersarenotadverselyaffected
ARTICLE
ICSI-NIRC Newsletter I July 2021 65
8FacilitiesonPortalforeasingtheprocessofilingofreturns
bull Auto-draftedstaticinputtaxcreditstatementinFORMGSTR-2B
bull This facility has been made available on the portal for monthly tax payers since August 2020
bull This facilitates the taxpayers in determining and self-assessing their available input tax credit and thus
substantially reducing time taken to ile their returns
bull Auto-populationofGSTR-3Breturn
bull GSTR-3B returns are being auto-populated since December 2020 for monthly return ilers from the
details given by the taxpayers in their FORM GSTR-1 and from the details given by their suppliers in their
FORM GSTR-1
bull An editing facility is also provided to the taxpayers enabling them to make the corrections
amendments in the auto-populated return if required
bull ThesefacilitieshasnowbeenmadeavailablefortaxpayersunderQRMPschemealso
9MeasuresrelatedtoE-Invoicing
bull E-invoicing facility has been introduced for B2B supplies wef 01102020 for the taxpayers having annual
aggregate turnover of Rs 500 crores or more in any of the preceding inancial years
bull The threshold limit for generating e-invoice has been brought down to Rs 100 crores wef 01012021 and to Rs
50 crores wef 01042021
bull FORM GSTR-1 of the taxpayer is being auto-populated on the portal from e-invoice data Besides Part-A of e-way
bill is also auto-populated from the e-invoice data This helps in reducing time and cost for iling of GSTR-01 and
for generation of e-way bills
Introduction
As the world has become a global village and technology is playing the role of disrupter the corporates governments
and regulators constantly need to embrace changes thrown by these disruptions to ensure that aspirations of all
stakeholders are realized for growth and sustenance
It is an undisputed fact that pace of technology is very fast and one technological development annexes another one or
overshadows the same in certain cases But disruptions take place certainly and these disruptions bring their own sets
of opportunities and challenges
Emergingtechlandscapes
The recent buzzwords of technology are Machine Learning (ML) Artiicial Intelligence (AI) Internet of the Things (IoT)
and Automation They lessen human intervention enhance transparency and provide data analytics of highest accuracy
and eficiency for fostering eficient decisions making The regulatory domain does not remain untouched from these
technological revolutions Several compliance processes have become automat able audit activities are becoming more
technology oriented data extraction is on real-time basis and high-quality information is available for overall good
Impactoftechnologyoncompliance
So for the profession of company secretaryship the important point is ldquowhat is impact of technologyrdquo on compliance
domain Paradigm shifts are evolving as the transformations take place Areas such as automation of board processes
audits trails process and operational eficiency quality and economy have newer dimensions due to reshape of
technology At the same time new opportunities and challenges are emerging Let us examine them briely
Opportunities
Compliance and tech learning Traditional modes of compliances are undergoing drastic changes and new tools and
apps are playing havoc It is required that a Company Secretary whether in practice or employment should be tech-savvy
though being tech-savvy does not mean to become technology expert Generic knowledge and usage of applications and
functions will sufice and there is no need to acquire hardcore programming and development knowledge
Basic understanding and usage of technological aspects involved in compliance work will help company secretaries
validate compliance tasks with reinforced transparency and eficiency Technology helps in tracking the trails be they
compliance trail audit trail or any other important business function
ARTICLE
ICSI-NIRC Newsletter I July 2021 66
Technology inCompliance
The Game ChangerCS Ajay Kumar Sharma ACS
csajaysharmayahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
More importantly Governments are becoming very strict about trails and they are instructing technology solution
providers to architect systems in such a way so that complete track of transactions right from its origination till its
relection in ultimate system including all edits is possible
An understanding of compatibility between business requirements and technology solutions will open plethora of
opportunities for Company Secretaries
The bar is already rising From computer literacy it is now tech literacy The ICSI has a major role to play for this initiative
taking into consideration requirements and growth of all stakeholders
Challenges
Prevention of frauds Though technology is providing sophisticated business solutions cases of frauds with the
involvement of technology are on the rise As the impact of transactions may be over several geographies there may be
penalties and prosecutions from multiple regulators Section 447 of the Companies Act 2013 is extremely tough on
corporate frauds Deeper penetration of technology in business systems along with tough regulatory requirements
makes it imperative on the part of compliance oficers to take extra precautions International compliances such
Sarbanes Oxley Act 2002 put additional responsibilities for US companies working across several jurisdictions
The irst mantra of compliance eficiency is Evaluate document and do it right irst time
Conclusion
To sum up technology being the game changer this is going to be the era of ldquolearn unlearn and re-learnrdquo to cope with
technological disruption Exposure to different facets of compliance in technological environment will result in positive
enrichment of all stakeholders Let global society be the biggest winner
ARTICLE
ICSI-NIRC Newsletter I July 2021 67
JourneyofGSTinIndia
We can say that introduction of GST is a roller coaster ride The GST journey began in the year 2000 when a committee
was set up to draft law The PM Atal Bihari Vajpayee formed an Empowered Committee (EC) to create a structure for GST
based on their experience in designing State VAT
In 2004 A task force concludes GST must be implemented to improve current tax structure
In 2006 Finance Minister proposes GST introduction from April 1 2010 In 2007 CST phased out and rates reduced
from 4 to 3
In 2008 The inance minister conirmed that considerable progress was being made in the preparation of the roadmap
for GST The targeted timeline for the implementation was conirmed to be 1 April 2010 EC inalises dual GST structure
to have separate levy legislation
In 2010 Project to computerise commercial taxes launched but following this the implementation of GST was pushed
by one year
In 2011 Govt put forth the Constitution Amendment Bill for the introduction of GST
In 2012 The Standing Committee starts discussion over the bill but the opposition party raise concern over the clause
279B that offers additional powers to the Centre over the GST dispute authority
In 2013 Standing Committee tables its reports on GST The panel approves the regulation with few amendments to the
provisions for the tax structure and the mechanism of resolution
In 2014 The inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in the parliament
In 2015 The GST Bill passed in Lok Sabha but not in Rajya Sabha
In 2016 The Finance Ministry published the draft model law to public for their opinions and views Also amended
Model GST law passed in Rajya Sabha also
In 2017 Four Supplementary Bills passed in Lok Sabha and approved in Parliament and by President
1 Central CST Bill
2 Integrated GST Bill
3 Union Territory GST Bill
4 GST (Compensation to States) Bill
GST Council inalizes the GST Rates and GST Rules and inally GST law came into force from 1 July 2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 68
GST - One Countryone market one tax
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Meenakshi ACS
agarwalmeenakshi75gmailcom
IntroductionofGST
GST (Goods and Services Tax) is a destination based tax on consumption of goods and services It is a destination based
Tax and proposed to be levied at all stages right from manufacture up to inal consumption with credit of taxes ie ITC
(Input Tax Credit) paid at previous stages available as setoff GST has a dual aspect with the Centre and States
simultaneously levying on a common tax base
There are three main components of GST which are
1 CGST (Central GST) Taxes collected under CGST will constitute the revenues of the Central Government
2 SGST (State GST) A collection of SGST is the revenue of the State Government
3 IGST (Integrated GST) Revenue collected under IGST is divided between Central and State Government as per the
rates speciied by the Government IGST is charged on transfer of goods and services from one state to another Import of
goods and services are also covered under IGST
Image showing subsumed of various Central and State Taxes into GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 69
Beneits of GST Registration in Business
One of the most important beneit of the move is the mitigation of double taxation or the elimination of the cascading
effect of taxation
1MitigatingCascadingeffectofTax By subsuming most of the Central and State taxes into a single tax and
by allowing a set-off of prior-stage taxes for the transactions across the entire value chain it would mitigate
the ill effects of cascading improve competitiveness and improve liquidity of the businesses
ARTICLE
ICSI-NIRC Newsletter I July 2021 70
2TechnologydrivenTax GST is largely technology driven It will reduce the human interface to a great extent and this
would lead to speedy decisions
3 FindBuoyancy inGovernmentRevenue GST is expected to bring buoyancy to the Government Revenue by
widening the tax base and improving the taxpayer compliance The reform is also expected to improve the countrys
ranking so far as the Ease of Doing Business Index is concerned It is also estimated to enhance GDP growth by 15 to
2
4LesserCompliancesandeasytofollow It simpliied the Indirect tax regime After introduction of GST all tax payer
services such as registrations returns payments etc would be available to the taxpayers onlinewhich would make
compliance easy and transparent
5UniformityofTaxRatesandTaxationprocess all tax payer services such as registrations returns payments etc
would be available to the taxpayers online which would make compliance easy and transparent
6HigherrevenuegenerationThe possibility of tax evasion is minimised completely with GST coming into action
Also GST is expected to decrease the cost of collection of tax revenues of the Governmentand will therefore lead to
Higher revenue eficiency
GSTRegistration
Under GST regime Businesses whose turnover exceeds the threshold limit (Table given below) require to register
under GST It becomes mandatory for some businesses to register mandatorily as heavy penalties will attract if business
is carry on without GST registration
GSTRegThresholdLimit
th On 10 January 2019 In 32 GST Council Meeting changes in limits of GST registration was proposed which was further
approved by CBIC and new threshold limit of GST Registration come into existence which helps to ease compliance
under GST An option was provided to States to opt for the new limits or continue the earlier ones Here is the table
showing earlier threshold limits new limits and the effective date of applicability-
AggregateTurnover RegistrationRequired Applicability
Earlier limits- For Goods amp Services
Exceeding Rs 20 Lakh Yes ndash For Normal Category States Up to March 31 2019
Exceeding Rs 10 Lakh Yes ndash For Special Category States Up to March 31 2019
New Limits- For Goods
Exceeding Rs 40 Lakh Yes ndash For Normal Category States From April 1 2019
Exceeding Rs 20 Lakh Yes ndash For Special Category States From April 1 2019
New Limits- For providing Services ndash No Change- same as earlier
ARTICLE
ICSI-NIRC Newsletter I July 2021 71
PersonsliableforGSTRegistration
ChecklistofdocumentsrequiredforGSTregistration
1 PAN of the applicant
2 Copy of Aadhaar card
3 Proof of business registration or incorporation certiicate
4 Identity of address proof of promotersdirectors with photographs
5 Bank account statement cancelled cheque showing name address and a few transactions
6 Digital Signature of authorised signatory
7 Authorisation letter or Board resolution for authorised signatory
ARTICLE
ICSI-NIRC Newsletter I July 2021 72
GSTRegistrationAadhaarVeriication
Notiication issued by CBIC (Central Board of Indirect Tax and Customs) on March 23 2020 for GST Aadhaar
authentication from April 1 2020 For ease of doing business GST registration with Aadhaar veriication required by
thnew taxpayers ndash GST Council approved in its 39 meeting All Indian citizens can take this facility except tax deductors
retrieval services and tax collectors Govt dept PSUs Local authority and statutory authority also excluded from
Aadhaar authentication Due to pandemic physical veriication is risky So its easy to get online GST Aadhaar
veriication
ProcessofGSTregistrationAadhaarveriication
Applicant need to submit Aadhaar number along with application for registration under GST and then e -verify the same
on GST Portal using authentication link which is sent to Mobile Number and E-mail ID linked to Aadhaar Enter the OTP
sent on mobile number and email id and get e- validated
In conclusion GST has been a revolutionary tax system for India Most noteworthy many experts hail it as one of the
biggest tax reforms GST certainly is beneicial for the entire population of India
ARTICLE
ICSI-NIRC Newsletter I July 2021 73
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Dhiraj Kheriwal ACS
dhirajkheriwal5gmailcom
Indias Economy -Challenges
after Covid-19
COVID-19 pandemic is a signiicant shock to economies all around the world Even the major economies like the USA
have been badly mauled with unemployment rising and a cut in economic growth The Pandemic has caused a shock for
the Indian economy as well Consumption manufacturing exports capital lows the legs on which the Indian economy
had been growing have all been impacted adversely
India came out of lockdown about 2 months back with restrictions still in many parts of the country There is no magic
quick ix or shortcut to stimulate and restart demand in an economy which is the most important key to economic
revival next to vaccine becoming available This will take time patience and continuous effort Amidst this uncertainty
what will be key to revival is how people come out of their homes how people restart their lives how will it impact
demand organically and availability of capital when businesses are ready to kick start production to service demand
Potentialgrowthhasslowed-
Indias potential growth may have slowed down by over one percentage point due to the longer-than-expected
disruption caused by COVID-19 and a modest policy response so far UBS Securities said in a report
ldquoWe estimate Indias potential growth to have slowed to 6 (from 71 YoY estimated in 2017) due to longer-than-
expected disruption caused by the pandemic balance-sheet concerns faced by economic agents (especially the inancial
sector and households)rdquo ldquoThis implies dificult economic challenges for many years to comerdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 74
It said the biggest challenge before India would be its ability to create ample employment opportunities for the rising
working-age population
ldquoWe believe India needs to grow by at least 8 YoY annually just to absorb incremental labour force with a focus on
mobilisation of resources towards manufacturing and exportsrdquo
Climatechange-
Climate change threatens Indias attempts to improve its citizens standard of living More than 600 million Indians face
a cute water shortages Bangalore and New Delhi are two of the 21 cities that could deplete their groundwater in 2020 In
July 2019 the city of Chennai ran out of groundwater Over 200000 people die from contaminated water By 2030 40
of the population will have no access to drinking water
Most of Indias rainwater falls during the four-month monsoon season It isnt captured eficiently Climate change will
increase looding from these monsoons
IncreaseinEmployment
ARTICLE
ICSI-NIRC Newsletter I July 2021 75
The depth of the slowdown in the current inancial year means that a rebound is inevitable but unemployment could
hamper the recovery process The issue of migrant workers will have an impact on the economic growth and availability
of quality workers in the post-COVID-19 world will be a challenge
India should be wary of the challenges in smooth recovery in labour markets While GDP in India was growing
employment remained stagnant and if this trend continues its another problem Without a boost in employment
households incomes will be under strain consumer sentiments will be low and the economic recovery will be sluggish
Predominanceofagriculture-
Less developed countries live mainly upon agriculture and extractive industries like mining isheries and forests
Predominance of agriculture is explained from the viewpoint of sectoral composition of national income and
occupational pattern
In India in 1950- 51 more than 55 pc of our GDP came from the agricultural sector or the so- called primary sector In
2007-08 however the contribution of this sector toward GDP came down to194 pc
Theightwillbeaboutincreasingeconomicactivity-
With the lockdown the economic activity came to a grinding halt in India from the end of March Domestic consumption
almost wiped out Pay cuts and layoffs combined with fear of spread led to lack of shopping and completely eroded
demand
While the non-discretionary spending on groceries and other essential items remained largely unscathed during the
lockdown the revival in consumption will be driven by discretionary as well as non-discretionary spending Despite the
Indian governments decision to remove most the demand scenario is expected to remain weak for most of the current
inancial year But it could make a comeback next year
And as the uncertainty surrounding income and jobs reduces economists believe that some people will be able to raise
their discretionary spending on non-essential goods during festive season and thereafter lowing into 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 76
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Abhishek Goyal FCS
abhishekcsajmergmailcom
TREATMENT OF GST ONRESTAURANT BUSINESS
Implications of GST on restaurant business makes an interesting study and is important from the point of view of GST
consulting and practicing service to be rendered by practicing Company Secretaries as GST provides a promising
practicing and consulting platform for Company Secretaries
Let us now discuss these implications in the form of questions and answers which would enable the reader to get an easy
understanding of the provisions of GST in this regard
Q1 Please explain place of supply provisions in case of restaurant business and its importance for such business
Ans As per sub section (4) of Section 12 of the IGST Act place of supply in case of restaurant business is determined on
performance basis In other words place of supply (POS) in case of restaurant service is considered on performance
basis Accordingly POS in case of restaurants shall be the place where such service was actually performed which is
usually the place where such restaurant is situated
POS is important for both goods and services as the taxable event in GST is supply of goods and services
Q2 Whether restaurant owners can avail composition scheme under GST
Ans Yes composition scheme is open to restaurant business owners
Q3 What is the effective rate of GST on restaurant business under composition scheme
Ans It is 5 subject to maximum turnover of Rs 15 crores
Q4 We are running a food joint located in a standalone building with takeaway as well as sitting facilities to our
customers We are registered under GST normal scheme Can we take beneit of ITC on purchases made by us in relation
to our outward services
Ans A restaurant or a food joint or an eatery located in a standalone building ie not being located inside any hotel inn
guest house or club is not eligible for availing ITC even if purchases made by it were in the course of and in furtherance of
its business Such restaurants shall charge GST 5 on their services without ITC
Q5 We are running a standalone restaurant We have purchased an oven and a chimney for the purpose of our
restaurant Can we avail ITC on it
Ans As already stated in answer to question no 3 no ITC is available to a standalone restaurant even if goods or services
are availed in the course of or in furtherance of business
Q6 Would your answer be different if we are located in a hotel
Ans If a restaurant is located inside a hotel inn guest house lodge or a club where room rent per day exceeds Rs 7500-
the restaurant can avail ITC however GST rate in that case will be 18 In other words such a restaurant will have to
charge GST at 18 which in the case mentioned in reply to question no 1 is 5
ARTICLE
ICSI-NIRC Newsletter I July 2021 77
Q7 Is there any difference in GST rate for AC and Non AC restaurants
Ans The different GST rates prescribed for AC and non AC restaurants have been done away with All restaurants
whether AC or non AC are subject to GST rate of 5 without ITC or 18 with ITC depending upon whether restaurant is
located in a standalone building or inside an hotel inn guest house club etc where room rent per day is above Rs 7500-
Q8 We are engaged in outdoor catering services what are the GST implications for us
Ans For outdoor catering services as of now the GST rate is 18 with ITC
Q9 A restaurant is located inside a three star hotel with room rent of more than Rs 7500- per day The restaurant is also
offering some sweets which may be ordered as a takeawayparcel or may be consumed on a table in the restaurant itself
What are the GST implications on both situations
Ans Sweets attract 5 GST so take away from the counter will attract 5 GST only Whereas if sweets are consumed on a
table in the restaurant itself then it will attract GST at 18 since restaurant is located inside a hotel with room tariff of Rs
7500- and above
Q10 We are a moving restaurant and are providing over the counter take away and parcel services to our customers
What is the GST rate to be charged
Ans In this case GST to be charged is 5 without ITC
Q11 We are running a school We have an in house canteen for the beneit of our staff and students What are the GST
implications on us in the two situations
(i) if we supply food and beverages to our staff and students ourselves
(ii) if we engaged a contractor for running the canteen and to provide food and beverages to our staff and students
Ans In the situation (i) GST is exempt
In situation (ii) GST to be charged is 5 In this case the contractor is liable to charge GST at 5
ARTICLE
ICSI-NIRC Newsletter I July 782021
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shubham Budhiraja ACS
shubhambudhiraja02gmailcom
PROVISIONAL ATTACHMENTUNDER GST amp DOCTRINE OF
PROPORTIONALITYThe GST Fraud case initiated against GM Power-tech for issuances of fake invoices to various companies including MS
Radha Krishnan (Appellant) The joint commissioner thereafter in exercise of its delegate powers issued Notice under
Section 83 for provisional attachment of bank account of appellant which was challenged by appellant before HC in Writ
petition which was dismissed due to availability of alternative remedy in GST Act The Supreme Court held that exercise
of power by Joint Commissioner under Section 83 provisional attachment was in violation to provisions of law and
against principles of Order 38 Rule 5 and without application of mind and thus Writ was maintainable Hence HC
committed error in law in refusing the Writ
(i) Whetherwritpetitionmaintainableagainstorderofprovisionalattachmentundergstact
yesiforderiswithoutapplicationofmindoragainstprincipleofnaturaljusticeorwithoutjurisdiction
(ii)Whetherorderofprovisionalattachmentcanbeusedtogetspeedyrecoveryofstaterevenueundergst
act
Noprovisionalattachmentisbasedonproportionalitydoctrine
WritPetitionunderArticle226ampExceptionToRuleOfAlternateRemedy
(I) AssistantCommissioner (CT)LTUKakinadaandothersvGlaxoSmithKlineConsumerHealthCare
LimitedAIR2020SC2819 There are certain exceptions to the ldquorule of alternate remedyrdquo include where
- The statutory authority has not acted in accordance with the provisions of the law or
- acted in deiance of the fundamental principles of judicial procedure or
- has resorted to invoke provisions which are repealed or
- Where an order has been passed in violation of the principles of natural justice
(II)WhirlpoolCorporationvRegistrarofTrademarksMumbai(1998)8SCC1 R u l e o f a l t e r n a t i v e
remedy not to operate as a bar in at least three contingencies namely where the writ petition has been iled for
the
- Enforcement of any of the Fundamental Rights or
- There has been a violation of the principle of natural justice or
- Order or proceedings are wholly without jurisdiction or
- The vires of an Act is challenged
Analysis
(I) The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of
fundamental rights but for any other purpose as well
(II) The High Court has the discretion not to entertain a writ petition One of the restrictions placed on the power of
the High Court is where an effective alternate remedy is available to the aggrieved person
(III) Exceptions to the rule of alternate remedy arise where
ARTICLE
ICSI-NIRC Newsletter I July 2021 79
(a) the writ petition has been iled for the enforcement of a fundamental right protected by Part III of the
Constitution
(b) there has been a violation of the principles of natural justice
(c) order or proceedings are wholly without jurisdiction
(d) the vires of a legislation is challenged
(IV) An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the
Constitution in an appropriate case though ordinarily a writ petition should not be entertained when an
eficacious alternate remedy is provided by law
(V) When a right is created by a statute which itself prescribes the remedy or procedure for enforcing the right
or liability resort must be had to that particular statutory remedy before invoking the discretionary remedy
under Article 226 of the Constitution This rule of exhaustion of statutory remedies is a rule of policy
convenience and discretion and
(VI) In cases where there are disputed questions of fact the High Court may decide to decline jurisdiction in a
writ petition However if the High Court is objectively of the view that the nature of the controversy requires
the exercise of its writ jurisdiction such a view would not readily be interfered with
AttachmentbeforeJudgmentampProvisionalAttachment
(I) RamanTechProcessEnggCoandAnrvSolankiTraders2008(1)RCR(Civil)195
(A) The power under Order 38 Rule 5 Civil Procedure Code is a drastic and extraordinary power Such
power should not be exercised mechanically or merely for the asking It should be used sparingly and
strictly in accordance with the Rule The purpose of Order 38 Rule 5 not to convert an unsecured debt
into a secured debt Any attempt by a plaintiff to utilize the provisions of Order 38 Rule 5 as a leverage for
coercing the defendant to settle the suit claim should be discouraged
(II)ValeriusIndustriesvUnionofIndia2019(30)GSTL15(Gujarat)
(A) The power under Section 83 of the Act for provisional attachment should be exercised only if there is
suficient material on record to justify the satisfaction that the assessee is about to dispose of wholly or
any part of hisher property with a view to thwarting the ultimate collection of demand and in order to
achieve the said objective the attachment should be of the properties and to that extent it is required to
achieve this objective
(B) The power under Section 83 of the Act should neither be used as a tool to harass the assessee nor should
it be used in a manner which may have an irreversible detrimental effect on the business of the assessee
(C) The attachment of bank account and trading assets should be resorted to only as a last resort or measure
The provisional attachment under Section 83 of the Act should not be equated with the attachment in
the course of the recovery proceedings
(III)JaiAmbeyFilamentPvtLtdvUnionofIndia2021(44)GSTL41(Gujarat)
(A) Subjective satisfaction as to the need for provisional attachment must be based on credible information
that the attachment is necessary
(B) The opinion cannot be formed based on ldquoimaginary grounds wishful thinking howsoever laudable that
may berdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 80
(IV)PatranSteelRollingMillvAssistantCommissionerofStateTaxUnit22019(20)GSTL732(Gujarat)
(A) Two instances in which provisional attachment would be apposite these being where the
- assessee is a ly by night operator and
- If the assessee will not be able to pay its dues after assessment
(V) ProexFashionPrivateLimitedvGovernmentofIndiaWP(C)11245of2020dated6January2021
Conditions for the invocation of Section 83 of the SGST Act
I Order should be passed by Commissioner
II Proceeding under Section 62 or 63 or 64 or 67 or 73 or 74 should be pending
III Commissioner must form an opinion
IV Order should be passed to protect interest of revenue
V It must be necessary to attach property
(VI)UFVIndiaGlobalEducationvUnionofIndia2020(43)GSTL472
Pendency of proceedings under the sections mentioned in Section 83 viz Sections 62 or 63 or 64 or 67 or 73
or 74 is the sine qua non for an order of provisional attachment to be issued under Section 83
(VII)KaishImpexPrivateLimitedvUnionofIndia(2020)6AIRBomR122
(A) Taxable account of the taxable person can be attached against whom the proceedings under the sections
are initiated Section 83 does not provide for an automatic extension to any other taxable person from an
inquiry speciically launched against a taxable person under these provisions
(B) The format of the order ie the form GST DRC-22 also speciies the particulars of a registered taxable
person and which proceedings have been launched against the aforesaid taxable person indicating a nexus
between the proceedings to be initiated against a taxable person and provisional attachment of bank
account of such taxable person
(V)VishwanathRealtorvStateofGujaratSpecialCivilNo7210of2015decidedon29April2015
(A) Satisfaction must be on some tangible material on objective facts with the Commissioner In a given case on
the basis of the past conduct of the dealer and on the basis of some reliable information that the dealer is
likely to defeat the claim of the Revenue in case any order is passed against the dealer under the VAT Act
andor the dealer is likely to sale his properties andor sale andor dispose of the properties and in case
after the conclusion of the assessmentreassessment proceedings if there is any tax liability the Revenue
may not be in a position to recover the amount thereafter in such a case only however on formation of
subjective satisfactionopinion the Commissioner may exercise the powers under Section 45 of the VAT
Act
ARTICLE
ICSI-NIRC Newsletter I July 2021 81
SECTION83ampITSCONDITIONS
(i) The power to order a provisional attachment is entrusted during the pendency of proceedings under any one of
six speciied provisions Sections 62 63 64 67 73 or 74 In other words it is when a proceeding under any of
these provisions is pending that a provisional attachment can be ordered
(ii) The power to order a provisional attachment has been vested by the legislature in the Commissioner
(iii) Before exercising the power the Commissioner must be ldquoof the opinion that forthepurpose of protecting the
interest of the government revenue it is necessarysotodordquo
(iv) The order for attachment must be in writing
(v) The provisional attachment which is contemplated is of any property including a bank account belonging to the
taxable person and
A provisional attachment under Section 83 is contemplated during the pendency of certain proceedings meaning
thereby that a inal demand or liability is yet to be crystallized An anticipatory attachment of this nature must
strictly conform to the requirements both substantive and procedural embodied in the statute and the rules The
exercise of unguided discretion cannot be permissible because it will leave citizens and their legitimate business
activities to the peril of arbitrary power Each of these ingredients must be strictly applied before a provisional
attachment on the property of an assesses can be levied The Commissioner must be alive to the fact that such
provisions are not intended to authorize Commissioners to make preemptive strikes on the property of the assessee
merely because property is available for being attached There must be a valid formation of the opinion that a
provisional attachment is necessary for the purpose of protecting the interest of the government revenue
PROPORTIONALITYampSECTION83
The expressions in Section 83 give regard to both the purpose and necessity of provisional attachment implicate the
doctrine of proportionality Proportionality mandates the existence of a proximate or live link between the need for the
attachment and the purpose which it is intended to secure It also postulates the maintenance of a proportion between
the nature and extent of the attachment and the purpose which is sought to be served by ordering it
Moreover the words embodied in Section 83(1) would leave no manner of doubt that while ordering a provisional
attachment the Commissioner must in the formation of the opinion act on the basis of tangible material on the basis of
which the formation of opinion is based in regard to the existence of the statutory requirement
CONCLUSION
(I) Order 38 Rule 5 CPC provides for provision of Attachment before Judgment
(II) Section 83 of CGST Act 2017 are on same principle provides for Provisional attachment of any property of
assesse by commissioner for protecting interest of Govt Revenue
(III) Section 83 is based on Proportionality doctrine ndash ldquo for the purpose of necessity to do sordquo
(IV) Provisional attachment is based on test of Tangible Material
(V) Under the provisions of Rule 159(5) the person whose property is attached is entitled to dual procedural
safeguards
ARTICLE
ICSI-NIRC Newsletter I July 2021 82
(a) An entitlement to submit objections on the ground that the property was or is not liable to attachment
and
(b) An opportunity of being heard
(VI) The Opinion to passes order for Provisional attachment has to be on basis of material on record and based
on proportionality doctrine
(VII) Mere for expediency in revenue recover is not a ground for which provisional attachment to be passed
(VIII) Provisional attachment is draconian in nature
(IX) Section 83 does not provide for an automatic extension to any other taxable person from an inquiry
speciically launched against a taxable person under these provisions
(X) Since power to provisional attachment is delegated to Joint commissioner under Section 5(3) hence there is
no appeal available to Appellate authority under Section 107(1) because joint commissioner is not
performing functions of commissioner but of delegate Hence Writ petition was maintainable
(XI) Even where alternative remedy is available writ can be maintainable where
(a) Matter involved is of Fundamental rights
(b) Matter involved is of Natural Justice non-application of mind
(c) Matter involved absence of jurisdiction excess of jurisdiction
chapters of nirc of icsibull Agra
bull Ajmer
bull Alwar
bull Amritsar
bull Bareilly
bull Bhilwara
bull Bikaner
bull Chandigarh
bull Dehradun
bull Faridabad
bull Ghaziabad
bull Gorakhpur
bull Gurugram
bull Jaipur
bull Jalandhar
bull Jammu
bull Jodhpur
bull Kanpur
bull Karnal
bull Kota
bull Luchnow
bull Ludhiana
bull Meerut
bull Modinagar
bull Noida
bull Panipat
bull Patiala
bull Prayagraj
bull Shimla
bull Srinagar
bull Udaipur
bull Varanasi
ARTICLE
ICSI-NIRC Newsletter I July 2021 83
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shikha Saxena ACS
shikhasaxena214gmailcom
Goods andService Tax
Introduction GST was introduced to replace multiple indirect taxes levied by State and Central Government GST is
Single domestic indirect tax law for the entire country So it is an indirect tax which replaced many indirect taxes in India
such as excise duty VAT Service tax etc
Features
1 Destination Based Tax
2 Multi stage
DestinationBasedTax
It means tax will be levied at the place where goods and services are consumed not at the origin So the state which
consume the goods and services will have right to collect GST
Example A good is manufactured in Rajasthan and sold in Gujrat then the Rajasthan Government will receive revenue
from taxing manufacturing and warehousing whereas Gujrat Government will receive the revenue of the inal sale
MultiStage
GST is levied on on value addition done on every stage
Example Once raw material has been bought value is added by manufacturer by means of making the raw material into
a product The warehousing is the next step where value is added which is then sold to retailers where the inal addition
of value is done At each step GST will be levied
DifferenceBetweenGSTandearlierTaxSystem
EarlierTaxSystem GST
Goods
Manufacture Sale Excise Duty VatSales Tax
In case of Service Service Tax levied
GoodsServices
Supply
GST
Central GST Integrated GST State GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 84
HowGSTisBeneicialascomparetoearliertaxstructure
1 Removing the cascading effect of Tax
2 Higher threshold for GST Registration
3 Composition Scheme for small business
4 Simpler online facilities for GST Compliance
5 Deined treatment for e-commerce activities
6 Regulating the unorganized sector
In simple terms it can be explained through example
EarlierSystem GSTSystem
Product sale from Rajasthan to Gujrat Price Rs 1000 Price Rs 1000
VAT 10 Rs 100 CGST 5 Rs 50
Total Cost Rs 1100 SGST 5 Rs 50
Total Cost Rs 1100
Product sale from Gujrat to Haryana Cost Price Rs 1100 Cost Price Rs 1100
Proit Rs 1000 Proit Rs 1000
Sell Price = Cost + Proit Sell Price = Cost + Proit
Sell Price Rs 2100 Sell Price Rs 2100
CST 10 Rs 210 IGST 10 Rs 110
Total Price Rs 2310 Total Price Rs 2210
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
In the end every time an individual is able to claims the input tax credit the sale price is reduced and the cost price for
the buyer is reduced because of lower tax liability The inal value of the product is therefore reduced from Rs2310 to Rs
2210 thus reducing the tax burden on the inal customer
BeforestudyinggointodeeperitisnecessarytounderstandthejourneyofGSTin
IndiaHistoryofGSTinIndia
ARTICLE
ICSI-NIRC Newsletter I July 2021 85
ComponentsofGST
CGST Central Goods and Service Tax
They are levied by the central government for intrastate movement of goods and services Intrastate means within one
state CGST revenues go to the central government
SGST State Goods and Services Tax
They are levied by the state government thats state indirect taxes It is the tax collected by the state government on an
intra-state sale
IGST Integrated Goods and Services Tax
It is a tax collected by the Central Government for an inter-state sale
Sale Within the State CGST + SGST Revenue will be shared equally between the centre and the State
Sale to another State IGST There will only be one type of tax (central) in case of inter state sale The centre
will then share the IGST revenue based on the destination of goods
Turnover(ForsaleofGoods)
Registration Effective
Exceeds Rs 20 Lakh Yes- For Normal Category States stEffective from 1 April 2019
Exceeds Rs 20 Lakh Yes- For Special Category States stEffective from 1 April 2019
ForProvidingServices
Persons providing services need to register if their aggregate turnover exceeds Rs 20 Lakh for normal category states
and Rs 10 Lakh for Special category states
Asperthenewamendmentanoptionwasgiventothestatestooptfornewlimitsor
continuetheearlierstatusquo
N o r m a l C a t e g o r y
StateUTforanewlimit
ofRs40Lakh
Kerala Chhattisgarh Jharkhand Delhi Bihar Maharashtra Andhra Pradesh Gujrat
Haryana Goa Punjab Uttar Pradesh Himachal Pradesh Karnataka Madhya Pradesh
Odisha Rajasthan Tamil Nadu West Bengal Lakshadweep Dadra and Nagar Haveli
Daman and Diu Andaman and Nicobar Island and Chandigarh
NormalCategorystatewhochoosestatusquo
Telangana
SpecialcategoryStateswhooptedfornewlimitofRs40Lakh
Jammu and Kashmir and Assam
SpecialCategoryStateswhooptedfornewlimitofRs20Lakh
Puducherry Meghalaya Mizoram Tripura Manipur Sikkim Nagaland Arunachal Pradesh Uttarakhand
ARTICLE
ICSI-NIRC Newsletter I July 2021 86
Section 24 of the Central Goods and Service Tax Act 2017 explains the Provisions of compulsory registration
Oslash The person engaged in the inter-state taxable supply of goods or services or both
Oslash A casual taxable person engaged in taxable supply
Oslash Persons liable to pay tax under reverse charge mechanism
Oslash A non-resident taxable person engaged in providing taxable supply
Oslash A person liable to pay tax under section 9 (5) of the Act
Oslash The person liable to deduct tax at source (TDS)
Oslash Input Service Distributor
Oslash E-commerce operator
Oslash Person supplying online information and database access or retrieval services from a place outside India to a
person in India other than a registered taxable person
SlabRates
There are around six slabs of rates as per latest council meeting of GST
Rates Particulars
5 Cream and yogurt paneer cashew nut raisins fruit and nuts and a few others Now for these products
25 goes to the state government and the rest 25 goes to the CGST Many household items are
covered in this section
12 Citrus fruits jams sausages 20l drinking water statues pots and jars geometry box cutlery railway
coaches printer ink wooden toys and more Here for every product 6 goes towards CGST and 6
goes towards SGST This section covers processed food to a great extent
18 Bindis chocolates fountain pens tripods soap toothpaste and industrial intermediate products are
therein this slab Here 9 goes towards SGST and 9 goes towards CGST The central goods and
services tax act 2017 has a full list of items
28 Cigarettes caffeinated beverages pan masala motor cars and motorcycles air conditioners
refrigerators etc Mainly luxury items are covered in this sector In this 14 goes towards SGST and
14 goes towards CGST
3 Coins gold silver platinum imitation jewellery etc are taxed at 3 Here 15 goes towards SGST
and 15 towards CGST
25 Precious stones are taxed at 025 where 0125 goes towards CGST and 0125 goes towards SGST
0 There are also some products that are taxed at 0 basically they are tax free
Mammals live swine live bovine mammals birds insects ish curd lassi buttermilk bananas
apples grapes human hair sanitary napkins among others
ARTICLE
ICSI-NIRC Newsletter I July 2021 87
The central GST Act 2017 has a full updated list of all items under all GST tax slabs
NewCompliancesUnderGST
E-WaysBills E-invoicing
M a n u f a c t u r e r s t r a d e r s a n d
transporters can generate e-way bills
for the goods transported from the
place of its origin to its destination on
a common portal with ease
Tax authorities are also beneited as
this system has reduced time at check
-posts and helps reduce tax evasion
It is applicable on whose turnover of more than Rs500 crore in any preceding
inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100
crore
These businesses must obtain a unique invoice reference number for every
business-to-business invoice by uploading on the GSTNs invoice registration
portal The portal veriies the correctness and genuineness of the invoice
Thereafter it authorises using the digital signature along with a QR code
e-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to
the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the
generation of e-way bills too
Penalty If a person commits any GST offenseSection 122 to 138 of the GST Act deines Offences and Penalties under
GST
They divide the offences into two categories
A Offences Attracting Fiscal Penalties
B Offences Attracting Prosecution
It is very dificult to wrap up the entire GST Act into one article but here is the brief of GST to understand it better and
work towards it For more details you can Study Central Goods and Services Act 2017 and also contact on the given mail
ID
ARTICLE
ICSI-NIRC Newsletter I July 2021 88
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS shashank kothiyal ACS
shashankkothiyal9gmailcom
GST A Boon forIndian Economy
Introduction
Whether it was uniformity of taxation and consequent free interior trade or possession of the jewel in the crown at the
root of prosperity of Britain is debatable nonetheless the words of father of modern economics on the beneits of
uniformity of system of taxation cannot be taken too lightly Before implementation of Goods and Service Tax (GST)
Indian taxation system was a farrago of central state and local area levies By subsuming more than a score of taxes
under GST road to a harmonized system of indirect tax has been paved making India an economic union
Genesis
Several countries have already established the Goods and Services Tax In Australia the system was introduced in 2000
to replace the Federal Wholesale Tax GST was implemented in New Zealand in 1986 A hidden Manufacturers Sales Tax
was replaced by GST in Canada in the year 1991 In Singapore GST was implemented in 1994 GST is a value-added tax in
Malaysia that came into effect in 2015
Introduction
ARTICLE
ICSI-NIRC Newsletter I July 2021 89
MonthYear JourneyofGST
2000 In India the idea of adopting GST was irst suggested by the Atal Bihari Vajpayee Government in 2000
The state inance ministers formed an Empowered Committee (EC) to create a structure for GST based
on their experience in designing State VAT Representatives from the Centre and states were requested
to examine various aspects of the GST proposal and create reports on the thresholds exemptions
taxation of inter-state supplies and taxation of services The committee was headed by Asim
Dasgupta the inance minister of West Bengal Dasgupta chaired the committee till 2011
2004 A task force that was headed by Vijay L Kelkar the advisor to the inance ministry indicated that the
existing tax structure had many issues that would be mitigated by the GST system
February2005
The inance minister P Chidambaram said that the medium-to-long term goal of the government was
to implement a uniform GST structure across the country covering the whole production-distribution
chain This was discussed in the budget session for the inancial year 2005-06
February2006
The inance minister set 1 April 2010 as the GST introduction date
November2006
Parthasarthy Shome the advisor to P Chidambaram mentioned that states will have to prepare and
make reforms for the upcoming GST regime
February2007
The 1 April 2010 deadline for GST implementation was retained in the union budget for 2007-08
February2008
At the union budget session for 2008-09 the inance minister conirmed that considerable progress
was being made in the preparation of the roadmap for GST The targeted timeline for the
implementation was conirmed to be 1 April 2010
July2009 Pranab Mukherjee the new inance minister of India announced the basic skeleton of the GST system
The 1 April 2010 deadline was being followed then as well
November2009
The EC that was headed by Asim Dasgupta put forth the First Discussion Paper (FDP) describing the
proposed GST regime The paper was expected to start a debate that would generate further inputs
from stakeholders
February2010
The government introduced the mission-mode project that laid the foundation for GST This project
with a budgetary outlay of Rs 1133 crore computerised commercial taxes in states Following this
the implementation of GST was pushed by one year
March2011 The government led by the Congress party puts forth the Constitution (115th Amendment) Bill for the
introduction of GST Following protest by the opposition party the Bill was sent to a standing
committee for a detailed examination
June2012 The standing committee starts discussion on the Bill Opposition parties raise concerns over the 279B
clause that offers additional powers to the Centre over the GST dispute authority
November2012
P Chidambaram and the inance ministers of states hold meetings and set the deadline for resolution
of issues as 31 December 2012
ARTICLE
ICSI-NIRC Newsletter I July 2021 90
February2013
The inance minister during the budget session announces that the government will provide Rs9000
crore as compensation to states He also appeals to the state inance ministers to work in association
with the government for the implementation of the indirect tax reform
August2013 The report created by the standing committee is submitted to the parliament The panel approves the
regulation with few amendments to the provisions for the tax structure and the mechanism of
resolution
October2013
The state of Gujarat opposes the Bill as it would have to bear a loss of Rs 14000 crore per annum
owing to the destination-based taxation rule
May2014 The Constitution Amendment Bill lapses This is the same year that Mr Narendra Modi was voted into
power at the Centre
December2014
Indias new inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in
the parliament The opposition demanded that the Bill be sent for discussion to the standing
committee
February2015
Mr Jaitley in his budget speech indicated that the government is looking to implement the GST system
by 1 April 2016
May2015 The Lok Sabha passes the Constitution Amendment Bill Jaitley also announced that petroleum would
be kept out of the ambit of GST for the time being
August2015 The Bill is not passed in the Rajya Sabha Jaitley mentions that the disruption had no speciic cause
March2016 Mr Jaitley says that he is in agreement with the Congresss demand for the GST rate not to be set above
18 But he is not inclined to ix the rate at 18 In the future if the Government in an unforeseen
emergency is required to raise the tax rate it would have to take the permission of the parliament So a
ixed rate of tax is ruled out
June2016 The Ministry of Finance releases the draft model law on GST to the public expecting suggestions and
views
August2016 The Congress-led opposition inally agrees to the Governments proposal on the four broad
amendments to the Bill The Bill was passed in the Rajya Sabha
September2016
The Honourable President of India gives his consent for the Constitution Amendment Bill to become
an Act
The GST Council also inalised on the GST rates and GST rules The Government declares that the GST Bill will be
applicable from1July2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 91
Pre-GSTIndirectTaxStructureinIndia
GSTLawfromaConstitutionalPerspective
A DeinitionofGST
ldquoGoods and services taxrdquo means any tax on supply of goods or services or both except taxes on the supply of the alcoholic
liquor for human consumption As per Article 366(12A)
GoodsandServicesTax(GST) is anindirecttax(orconsumptiontax) used in India on the supply of goods and
services It is a comprehensive multistage destination-based tax comprehensive because it has subsumed almost all
the indirect taxes except a few state taxes Multi-staged as it is the GST is imposed at every step in the production
process but is meant to be refunded to all parties in the various stages of production other than the inal consumer and
as a destination-based tax it is collected from point of consumption and not point of origin like previous taxes
B ConstitutionalAmendment
bull Bill passed by Rajya Sabha on 03082016 amp Lok Sabha on 08082016
bull Notiied as Constitution (101st Amendment ) Act 2016 on 08092016
bull Key Features
uuml Concurrent jurisdiction for levy amp collection of GST by the Centre amp the States ndash Article 246A
uuml Centre to levy amp collect IGST on supplies in the course of inter-State trade or commerce including imports ndash
Article 269A
uuml Compensation for loss of revenue to States for ive years on recommendation of GSTC ndash Clause 19
uuml GST on petroleum crude high speed diesel motor spirit (commonly known as petrol) natural gas amp aviation
turbine fuel to be levied from a later date on recommendations of GSTC
ARTICLE
ICSI-NIRC Newsletter I July 2021 92
BeneitsofGST-AdvantageandDisadvantage
Advantages Disadvantage
1 The most important beneit is the removal of cascading
effect ie removal of tax on tax
2 Starting from registration to iling returns and payment
of GST tax its an online procedure
3 Startups wont be running around tax ofices for various
registrations and procedures under excise service tax
and VAT
4 Higher threshold for registration
5 Composition scheme for small business The purpose is
to ease the burden of compliance which enables the
small businesses to focus more on business and less on
compliance
1 The GST structure has been marketed well to portray it
as a simple concept but in reality the understanding is
complicated and distortionary to fully exploit the
expected beneits
2 Multiple tax rates and many complexities will result into
tax disputes and lead to more corruption
3 High confusion regarding the product classiication and
multiple rates is a major concern
4 The food industry has criticized the levying of higher
rates on value-added manufactured goods and has
asked for a simpler regime
5 Items like (i) Alcohol (ii) Real Estate and (iii) Electricity
have been kept out of this regime defeating the purpose
of one tax
ComponentsofGST
GST would be levied on a common base by both the central and the state government simultaneously The dual GST can
be categorized into the following
middot CentralGST(CGST)- GST to be levied by the central government
middot StateGST(SGST)UnionTerritoryGST(UTGST)- GST to be levied by statesUnion Territories with legislature
IntegratedGST(IGST)- GST levied by central government on inter-state supply of goods and services to ensure that the
credit chain is not disrupted Apart from the applicable custom duties import of goods and services would be treated as
inter-state supplies and would therefore be subject to IGST
ARTICLE
ICSI-NIRC Newsletter I July 2021 93
GSTRates
At the time of GST implementation former Finance Minister the late Mr Arun Jaitley said that the government wanted to
keep the GST rates close to the original rates But there were differences in case of some items because of the changes in
the economy as well as customer preferences Some commodities were kept in the high tax bracket (18-28) but on
scrutinizing the list they found that these commodities should be considered as necessities and not luxuries This is why
the GST rates were revised for commodities such as notebooks exercise books
FewGSTRatesare
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central ExciseService tax
Revenue will be shared equally between the Centre and the State
Sale to another State IGST Central Sales Tax + ExciseService Tax
There will only be one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
TaxRate Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
CompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
uuml E-WayBills GST introduced a centralised system of waybills by the introduction of ldquoE-way billsrdquo This system was
launched on 1st April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of
goods in a staggered manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods
transported from the place of its origin to its destination on a common portal with ease Tax authorities are also
beneited as this system has reduced time at check -posts and helps reduce tax evasion
uuml E-invoicing The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual
aggregate turnover of more than Rs 500 crore in any preceding inancial years (from 2017-18) Further from 1st
January 2021 this system was extended to those with an annual aggregate turnover of more than Rs100 crore
These businesses must obtain a unique invoice reference number for every business-to-business invoice by
uploading on the GSTNs invoice registration portal The portal veriies the correctness and genuineness of the
invoice Thereafter it authorises using the digital signature along with a QR code
E-Invoicing allows interoperability of invoices and helps reduce data entry errors It is designed to pass the invoice
information directly from the IRP to the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way bills too
ARTICLE
ICSI-NIRC Newsletter I July 2021 94
GoodsampServicesTax(GST)Council
GST Council is a constitutional body for making recommendations to the Union and State Government on issues related
to Goods and Service Tax The GST Council is chaired by the Union Finance Minister and other members are the Union
State Minister of Revenue or Finance and Ministers in-charge of Finance or Taxation of all the States
The Union Cabinet in its meeting held on 12th September 2016 approved setting-up of GST Council and setting up its
Secretariat As per Article 279A of the amended Constitution the GST Council which will be a joint forum of the Centre
and the States shall consist of the following members -
i Chairperson ndash Union Finance Minister
ii Vice Chairperson - to be chosen amongst the Ministers of State Government
iii Members - MOS (Finance) and all Ministers of Finance Taxation of each State
uuml Quorum is 50 of total members
uuml Decision by 75 majority
uuml States - 23 weightage and Centre - 13 weightage
uuml Council to make recommendations on everything related to GST including laws rules and rates etc
Introduction
stWe are living in 21 Century ie in the age of social media With the handy use of social media the question comes
whether these instant messages ie Whatsapp Messages are of any legal relevance and admissible in Courts
Lately now courts have begun to admit instant messages and pictures sent on these platforms as evidence in both
Criminal as well as Civil matters
ArewhatsappChatsadmissibleasEvidence
In this present digital world electronic devices are used frequently especially for business transactions One of the most
common tool for communication is Whatsapp With digitization the Indian judiciary has also become more advanced
and techno-friendly The Parliament had enacted the Information and Technology Act 2000 to redeine the deinition of
electronic record undersection2(1)(t)of Information and Technology Act 2000With the help of mobile phones
people are daily expressing themselves which results in extensive collection of records that may become evidence in
legal matters
CurrentScenarioofIndianlegalSystem
Section 65(B) of Indian Evidence Act was introduced in Information Technology Act 2000 in order to consider
electronic communication viz Email Computer generated documents Whatsapp messages etc as valid evidence in the
Courts of law A 3-judge bench of the Honble Supreme Court of India has recently clariied and elaborated the law on
thadmissibility of digital evidence in judicial proceedings vide its judgment dated 14 July 2020 in the matter of Arjun
PanditraoKhotkarvKailashKushanraoGorantyalampOrs
It was held that certiicate under Section 65B (4) of the Evidence Act (ldquoActrdquo) is essential for admissibility of electronic
records stating that the same is to the best of his knowledge and belief These measures are taken by the court to ensure
the source and authenticity of the electronic record Electronic evidence can be easily tampered altered with hence
these safeguards prove to be very signiicant to ensure justice especially in the cases where the conclusion of the trial is
based on the electronic records
1 The Punjab and Haryana High Court has ruled that WhatsApp messages may be relied upon by investigating
agencies during a crime investigation but a certiicate Section 65B of the Indian Evidence Act is essential for the
same (RakeshKumarSinglavUnionofIndia)
ARTICLE
ICSI-NIRC Newsletter I July 2021 95
Whether Whatsapp Chats areAdmissible In Courts
CS Akshit Gupta FCS
csakguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
2 AnvarPVVersusPKBasheer2014In this case the Court has interpreted Section 22A 45A 59 65A and 65B
of the Evidence Act and held that secondary information in CDDVDPen Drive is not acceptable without a
certiicate us 65 B (4) of Evidence Act
RelevanceoftheBlueTickintheAdmissibilityofWhatsappChat
The Bombay High Court while hearing an application iled by the SBICardsandPaymentsServicesPvtLtd(the
claimant)againstaresidentRohitJadhav observed that the defaulter who was evading the bank had not only
received the notice in a PDF ile but also opened it and read its contents This means he knows about the notice of bank
and he cannot invalidate such notice on the grounds of sending the same through the digital mode
JusticeGautamPatelheld in the above mentioned case that ldquoFor the purpose of service of the notice I will accept this I
do so because the blue icon indicators clearly show that not only were the message and its attachment delivered to the
respondents number but that both were openedrdquo
Conclusion
Laws relating to admissibility of electronic evidence are still facing some issues There are various questions which are
arising relating to authorship of certiicate Since admissibility of electronic evidence in the court are still facing few
issues even after the twenty years of Information Technology Act came into force we expect some major developments
and amendments in regards of these loophole
ARTICLE
ICSI-NIRC Newsletter I July 2021 96
dkekch dh jkg bruh vklku Hkh ugha
lius lHkh ckdh gS tks ns[ks Fks dHkhA
tu iy Hkj dk esjh fQrjr esa ugha
lQyrk dh cqfukn eSa fy[k jgk gwiexcl vHkhAA
rkmez bd [okc thfor jguk pkfg
esjs kgj ls d ubZ kqvkr gksuh pkfgA
eafty feys k uk feys s vyx ckr gS
lPph dksfkk dks mldk buke feyuk pkfgAA
ARTICLE
ICSI-NIRC Newsletter I July 2021 97
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
हम कपनी सिचव ह िसफ हार नही ह
िहम िशला पर िलखा वो लख नही जो पल म िपघल जाय
िशला पर िलखा वो लख ह जो अिमट अर ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
अजन की गाडीव सा कलम ह हमारा
क की सदसन सा तज ह ान
कानन की धाराओ और अनछदो स नही ह हम अनजान
ा ण भगर लोभनो क वजह स हम िनरर ह
कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
हम वा ही नही ितवा भी हम ही ह
हम वो ह जो िनर सदा ही ह
हम तो ान क गगन म गगनचर पख ह
कानन क जगत म हम एक अिधकत हार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
dEiuh lfpoCS Prahalad Kumar ACS
email2prahaladgmailcom
ला हो उस ालन को जो सघष की ितमित थी
आज अपन हजनो को ा चहरा िदखाएग
ाग आाकारता का कशल नततव सीखन वाल
ा आज भड़ चलो म फसन की वजह स हम सार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
कपनी पजीकरण स िवलय तक का समथ ाता ह हम
आिथक मदी स उबारन क िलए जान जात ह हम
िविध का पण ह कवल अर नही ह हम
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 98
InitiativesofChapters
Noida
bull On the occasion of PCS Day 2021 Tuesday 15th June 2021 Noida Chapter organised a webinar on the topic
Talk on Future Ready PCS- Insights into Future Challengesrdquo from 0500 pm to 0630 pm During the webinar
Noida Chapter of NIRC felicitated 2 Practicing Company Secretaries having more than 25 years of practice
experience amp 2 PCS irms with three or more partners Appreciation certiicates were given to them and they
shared their experience and journey briely
bull Webinar held on Friday 18th June 2021 from 0500 pm to 0630 pm on the topic Producer Company
Governanceamp Compliance
bull Webinar held on Saturday 19th June 2021 from 1100 am to 1230 pm on the topic Practical tips for settlement
of legal disputes
bull Webinar on the Topic ldquoRole of Company Secretaries During Covid and Post Covid Periodrdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part -1)rdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part - II)rdquo
bull Noida Chapter of NIRC of the ICSI organized four days Online NCLT Workshop on 3rd 4th 10th amp 11th June
2021 from 0500 pm to 0700 pm
bull In view of International Yoga Day Noida Chapter of NIRC organized 4 Yoga Sessions on four consecutive
Saturdays from 29thMay 2021 till 19thJune 2021
Bareilly
bull On 5th June 2021 Bareilly Chapter organized a webinar on the theme A brief overview of Recent Amendments amp
Relaxations under Companies Act 2013
bull On 19th June 2021 during the PCS Week one more webinar was organized by Bareilly Chapter on the theme
Opportunities under Insolvency and Bankruptcy Code
bull On 29th June 2021 5th One Day Orientation Program during 2021 for CS Executive students was organized by
the Chapter through virtual mode
Meerut
bull Online Study Circle for students on the topic of Recent amendments in CSR on 12062021
bull PCS Day - webinar on the topic Opportunities under Insolvency amp Bankruptcy Code on 18062021
Modinagar
bull Modinagar Chapter celebrated GST Day 2021 on 05th July 2021
ICSI-NIRC Newsletter I July 2021 99
Faridabad
bull MoU signing ceremony with Pt J L N Govt College FBD - 23042021 in Presence of Chairman NIRC (Virtual)
bull MoU Signing Ceremony with Aggarwal College FBD --10062021 in Presence of Chairman NIRC (virtual)
bull MoU Signing ceremony with IMT College FBD - 23062021 in presence of Chairman NIRC (Virtual)
bull MoU Signed with hospitals -
1) SSB Multi Heart Specialty Hospital on 17042021
2) QRG Hospital w e f 23032021
bull Study Session on Recent Amendments in Companies Act 2013 on Saturday 10th April 2021 at Chapter premises
bull 2nd EDP Batch(15 days) - Classroom Mode wef 03042021 to 20042021
bull PCS Day Celebration on Tuesday 15th June 2021 by Faridabad Chapter
bull WEBINAR on FDI under FEMA on Saturday 19062021
Kota
bull Kota Chapter is celebrating Student month by organizing various activities for students in July 2021
Jaipur
bull PCS Day celebrations week ( Five Webinar )
bull International yoga Day Celebration
bull Workshop at yoga 01062021 to 30062021
bull Vaccination Drive with Fortis Hospital
bull Joint Webinar by Chapter of Rajasthan
bull Online CAP
Gorakhpur
bull Gorakhpur Chapter conducted webinar on Deposit amp Loan to Director on 24th May 2021 The Chief Guest of the
webinar was CS Nagendra D Rao President ICSI and the Guest of Honour was CS HimanshuHarbola Treasurer
NIRC of ICSI
bull Gorakhpur Chapter also conducted webinar on ICSI Auditing Standards on 7th June 2021 The Chief Guest of the
webinar was CS Devendra D Deshpande Vice President ICSI and the Guest of Honour was CS Vimal Gupta
Chairman NIRC of ICSI
bull On 11th June 2021 Gorakhpur Chapter conducted webinar on Dematerialisation E-Voting and Other Issuer
Services of NSDL The Chief Guest of the webinar was CS MamtaBinani Past President ICSI and the Guest of
Honour was CS SusshilDaga Vice Chairman NIRC of ICSI
bull On the occasion of PCS Day 2021 A Panel Discussion was organised by Gorakhpur Chapter on the topic
Opportunities for Company Secretaries in Developing Cities on 15th June 2021 The Special Guest of the
programme was CS Manish Gupta Council Member ICSI The Panel discussed about the various opportunities for
CS in small and developing cities in India
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 100
bull On 27th June 2021 Gorakhpur Chapter organized Blood Donation Camp in collaboration with ICAI Gorakhpur
and JCI Gorakhpur More than 70 persons donated their blood in the camp
bull The Chapter also celebrated Van Mahotsav on 01st July 2021 and GST Day on 05th July 2021 On The occasion of
GST Day celebration
Bhilwara
bull Bhilwara Chapter of NIRC of ICSI organised a webinar on the topic Health Care in COVID-19 on 1st June 2021 The
chief guest of the webinar was CS Vimal Gupta Chairman NIRC
bull On the occasion of PCS Day Celebration Bhilwara Chapter organised a webinar on 12th June 2021 on the topic
Recent Amendments in Companies Act amp MCA Version 30 On that occasion Bhilwara Chapter felicitate the PCS
Members who are practicing 15 years and more
bull Bhilwara Chapter also organised a Yoga session for Members and Students on 19th June 2021
Karnal
bull Following Webinars were organised by Karnal Chapter for Members
1 3rd May 2021 on the topic Unpacking the Nuances of Oppression and Mismanagement
2 29th May 2021 on the topic Interpersonal and Professional Skills for Company Secretaries
3 09th June 2021 on the topic Recent Amendments in Companies Act 2013rdquo
4 16th June 2021 on the topic Interpretation of Statutes for Company Secretaries
bull PCS Day was celebrated with a Webinar on 15th June 2021 on the Theme Opportunities for Company Secretaries
bull In addition to this a Non academic session for Members was organised on 28th June 2021
bull For Students 1 Five days EDP (ADP) and 6 PDPs were conducted online
Udaipur
bull Udaipur Chapter conducted Free Vaccination Drive for Members Students and their Family Members on
24062021
bull Udaipur Chapter organised three Webinar for members on 07062021 15062021 and 26062021
bull Udaipur Chapter organised Yoga Session through virtual mode for members and students on 27th June 2021
bull Udaipur chapter organised Career Awareness Programme for Students
Ghaziabad
bull Ghaziabad Chapter organized 05 days webinar series from 11th June 2021 to 16th June 2021 and invited Senior
faculties during the series CS Vineet Chaudhary Central Council Member The ICSI was Chief Guest on June 15 2021
bull Ghaziabad Chapter organized MOU Signing Ceremony for Academic Collaboration between the ICSI and Maharishi
University of Information Technology on Tuesday June 29 2021 at Maharishi Law School Maharishi University of
Information Technology Maharishi Nagar Sec 110 Noida Uttar Pradesh 201304 CS Nagendra D Rao Honble
President The ICSI graced the occasion with his benign presence
bull Ghaziabad Chapter of NIRC of ICSI conducted a webinar on the topic ldquoStay Positiverdquo with view of giving enthusiasm
and undeniable energy to all the members to express themselves their fears their positive thoughts everything amp
The need of the hour is Expression as well as Motivation on Saturday June 26 2021
bull Ghaziabad Chapter of NIRC of ICSI celebrated International Yoga Day
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 101
CSBF
COMPANYSECRETARIESBENEVOLENTFUND
MEMBERSENROLLEDREGIONWISEASLIFEMEMBERSOFTHECOMPANYSECRETARIESBENEVOLENTFUND
DURINGTHEPERIOD01032021TO30062021
REGION LMNO NAME MEMBNUMBER
NIRC
1 14821 MR GAURAV KUMAR MODI ACS - 64694
2 14830 MR ANKIT ANIL PARDESHI ACS - 62406
3 14831 MR SHAH NAWAZ ACS - 41049
4 14832 MS RICHA KHANDELWAL ACS - 47398
5 14838 MR AMRENDER KUMAR YADAV ACS - 41946
6 14839 MS RENU KATHURIA ACS - 34023
7 14844 MR SUMIT KUMAR SINGH ACS - 50243
8 14857 MR PARITOSH CHAUHAN ACS - 42603
9 14862 MS RIYA KHURANA ACS - 58282
10 14868 MS VRUSHALI RAJESHKUMAR DARJI ACS - 54675
11 14869 MR AMIT KUMAR MANGLA ACS - 32638
12 14870 MS KHUSHBOO BHATT ACS - 43508
13 14872 MR VIKASH GUPTA FCS - 9198
14 14876 MR ATUL KUMAR SINGH ACS - 38572
15 14880 MR ANSHUL JAIN ACS - 43863
16 14882 MR AMAN RATRA ACS - 55296
17 14888 MS CHAKSHOO MEHTA ACS - 42309
18 14892 MS DIVYA GAUR ACS - 47360
19 14897 MR ANKIT GOEL ACS - 52633
20 14902 MR SANDEEP KUMAR FCS - 9075
21 14907 MR SAURABH JAIN ACS - 45759
22 14908 MR MANISH KUMAR VERMA FCS - 10023
23 14909 MR HIMANSHU YADAV ACS - 44654
24 14912 MR ANKUR DUDANI ACS - 63498
25 14917 MR PANKAJ SHARMA ACS - 61152
26 14918 MS NAVITA GUPTA ACS - 51316
27 14919 MS ARSHDEEP KAUR JUDGE ACS - 33911
28 14923 MR KARM SAWHNEY ACS - 64986
ICSI-NIRC Newsletter I July 2021 102
CSBF
29 14926 MR LALIT KUMAR ACS - 49701
30 14930 MR DEVESH UPPAL ACS - 53648
31 14937 MS JASLEEN KAUR ACS - 55304
32 14941 MR DHRUV SHARMA FCS - 10760
33 14942 MR MOHD ZAFAR FCS - 9184
34 14944 MR CHANDRAKANT GUPTA ACS - 50829
35 14945 MR AKSHAY SACHAN ACS - 55246
36 14947 MR ARPIT KALANI ACS - 63919
37 14951 MR VIPUL JAIN ACS - 59021
38 14961 MR DHEERAJ ACS - 27493
39 14967 MR MAYANK ACS - 57784
40 14968 MR ASHU DHALL ACS - 50635
41 14971 MR PRINCE KUMAR FCS - 11000
42 14972 MR SUMIT GOYAL ACS - 54398
43 14974 MS DIVYA KHANNA ACS - 53941
44 14976 MS MONIKA GUPTA ACS - 59297
45 14979 MR MOHAMMAD KHALID ACS - 34335
46 14980 MR MUSTKEEM ACS - 56334
47 14982 MR SURESH KUMAR GUPTA FCS - 11059
48 14987 MS SONI PANDIYA ACS - 60696
49 14989 MR PRADEEP KUMAR ACS - 63052
50 14993 MR ANUPAM SRIVASTAVA ACS - 54503
51 15000 MR ROHIT SHRIVASTAVA ACS - 56732
52 15007 MR BHANU BHARGAVA ACS - 30370
53 15010 MS POOJA SINGH ACS - 39178
54 15012 MR NITESH KUMAR JHA ACS - 64377
55 15013 MR ASHWANI KUMAR ACS - 53574
56 15018 MR DEEPENDRA KUMAR MISHRA ACS - 63335
57 15024 SH PIYUSH AGARWAL ACS - 25165
58 15028 MR WASEEM ANWAR ACS ndash 39572
59 15029 SH VIKAS SETHI ACS - 17411
60 15037 MR SHOBHIT KUMAR KUSHWAHA ACS - 46660
61 15039 MR RAVI SHARMA ACS - 54818
62 15044 MR ANURAG PANDEY ACS - 50091
ICSI-NIRC Newsletter I July 2021 103
CSBF
63 15051 MS SHIVANGI SHARMA ACS - 59088
64 15053 MS DEEPTI JOSHI ACS - 51950
65 15058 MR JAGBIR SINGH FCS - 10983
66 15061 MR LOKESH SHARMA ACS - 50553
67 15062 MR KAMRAN SIDDIQUI ACS - 46943
68 15065 MS NEHA SRIVASTAVA ACS - 43927
69 15066 MS RUPALI SHARMA ACS - 37249
70 15070 MR SACHIN GUPTA ACS - 60203
71 15077 SH ASHISH MALKOTIA ACS - 17526
72 15078 MS NIDHI BHARDWAJ ACS - 56098
73 15080 SH ABHINAV RASTOGI ACS - 17692
74 15084 MR ASHISH MISRA ACS - 29368
75 15091 SH RATNESH PRASAD RUKHARIYAR FCS - 5833
76 15094 MR RAHUL CHOUDHARY ACS - 52647
77 15096 MR SHRAWAN KUMAR SHUKLA ACS - 53492
78 15099 MR SHIVAM GOEL ACS - 57386
79 15103 MR YOGESH MAHESHWARI ACS - 39675
80 15106 MS ANUJA JAIN ACS - 57084
81 15107 SH BANOJ KUMAR PRADHAN ACS - 15324
82 15116 MS REETIKA JHOTA ACS - 22130
83 15124 MS SANJANA CHHABRA ACS - 49167
84 15125 MR VAIBHAV SHUKLA FCS - 10556
85 15127 MS POOJA AGGARWAL ACS - 27524
86 15130 MR BHUPENDRA KAUSHIK FCS - 9884
87 15132 MS GAUTAMI GUPTA ACS - 57547
88 15138 MS SHINJINI MUKHERJEE ACS - 65425
89 15140 MS DEEPIKA SIDANA ACS - 55544
90 15141 MR ANMOL KAPOOR ACS - 57017
91 15142 MR KARAN SINGH ACS - 46641
92 15143 SH VIJAY KUMAR KAKKAR ACS - 25145
93 15144 MR NARENDER KUMAR ACS - 40175
94 15150 MS MANSI AWANA ACS - 36655
95 15154 MR AMIT KUMAR ACS - 61851
96 15155 MR AYUSH KUMAR JAIN ACS - 56424
97 15156 MS REKHA RANI NARANIWAL ACS - 38803
ICSI-NIRC Newsletter I July 2021 104
CSBF
98 15158 MS ANJALI GUPTA ACS - 20688
99 15164 MS NIDHI DANG FCS - 10548
100 15168 MR GYANESH KUMAR MISHRA ACS - 46816
101 15170 MS JASWANT KAUR ACS - 18106
102 15173 MS MEHAK GUPTA FCS - 10703
103 15175 MS SHILPI FCS - 11047
104 15177 MS SHEETAL NAHARIA FCS - 11193
105 15178 SH SURENDRA KUMAR SHARMA FCS - 5737
106 15180 MR ASHISH BANSAL ACS - 40217
107 15195 SH NARENDER KUMAR SHARMA FCS - 3189
108 15198 MS POOJA KUMARI ACS - 41504
109 15201 MS UPASNA THAKRAL ACS - 35559
110 15202 MS RENU ACS - 50393
111 15206 MR SWAPNIL AWASTHI ACS - 65802
112 15209 MS ANSHULA CHOUDHARY FCS - 10639
113 15220 MR ISHAN KHANNA ACS - 53517
114 15232 MS VIDHI KANSAL ACS - 24018
115 15233 MR NEERAJ KUMAR KHATRI ACS - 36858
116 15234 MR NIRBHAY ROCHWANI ACS - 44914
117 15235 MR SUMIT RAWAT ACS - 58125
118 15237 MS ARCHITA GUPTA ACS - 39294
119 15238 MS ANKITA GUPTA ACS - 27518
120 15239 SH SATISH KUMAR NIRANKAR FCS - 9605
121 15241 SH VIKASH JOSHI ACS - 19524
122 15245 MR VIKAS YADAV ACS - 43530
123 15250 MRS SHALU VARSHNEY ACS - 17344
124 15253 MS DEEPTI ARORA ACS - 31707
125 15254 MR MOHIT VARSHNEY ACS - 60762
126 15255 MS SHIKHA GOYAL ACS - 60381
127 15257 MS ANNU GUPTA ACS - 47525
128 15258 MR NITESH KUMAR YADAV ACS - 61297
129 15259 MR AAKARSHIT JAI ACS - 63632
130 15260 MS MEHAK MONGA ACS - 43728
131 15261 MR GAUTAM KHURANA ACS - 64072
132 15262 MR ISHAAN SHARMA ACS - 65147
133 15263 MS PALLAVI KAPOOR ACS - 64753
134 15264 MS MANISHA GUPTA ACS - 62708
135 15266 SH LALAN KUMAR SINGH FCS - 7837
136 15269 MR AKASH KANDOI ACS - 48651
137 15272 MR NISHANT PRITAM RAJ ACS - 64110
138 15273 MR INDRA JEET YADAV FCS - 10330
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ICSI-NIRC Newsletter I July 2021 08
GLIMPSES
CelebrationsofInternationalDayofYoga2021
Swami Ramdev ji International Yog Guru CS Nagendra D Rao President ICSI CS Manish Gupta Central Council
Member ICSI CS Vimal Gupta Chairman NIRC-ICSI and CA (Dr) Girish Ahuja Tax Guru addressing the Participants
Screen View of session
ICSI-NIRC Newsletter I July 2021 09
GLIMPSES
WebinaronthethemeOpportunitiesunderArbitrationon17June2021
CS NPS Chawla Central Council Member ICSI amp Associate Partner Vaish Associates addressing the Participants Also
seen CS Vimal Gupta CS Devender Suhag Secretary NIRC-ICSI CS GS Sarin Past Chairman NIRC-ICSI and CS Sonia
Baijal Regional Director NIRC-ICSI
WebinaronthethemeOpportunitiesasRegisteredValueron18June2021
CS (Dr) Ajay Garg Corporate Valuer Counsel and Lawyer addressing the Participants Also seen CS Vimal Gupta and CS
GS Sarin
FelicitationCeremonyorganizedbyNIRC-ICSIaspartofPCSDaycelebrationson19June2021
CS Vimal Gupta CS Manish Gupta CS NPS Chawla CS Nesar Ahmad Past President ICSI CS Suresh Pandey Immediate
Past Chairman NIRC-ICSI CS GS Sarin CS Saurabh Kalia Regional Council Member NIRC-ICSI CS Monika Kohli Regional
Council Member NIRC-ICSI and CS Bhupesh Gupta Regional Council Member NIRC-ICSI addressing the Participants
ICSI-NIRC Newsletter I July 2021 10
GLIMPSES
FelicitationofmembersonPCSDay
WebinaronthethemeDiscussiononPrinciplesofGovernancefromIndianScriptureson19June2021
CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of Accountants)
addressing the Participants Also seen CS GS Sarin CS Suresh Pandey CS Amit Gupta Regional Council Member NIRC-
ICSI CS Saurabh Kalia and CS Sonia Baijal
WebinaronThemeSEBI-LODRon9July2021
Ms Purna Devi Director Global Compliance amp Reporting Entity Compliance and Governance EY addressing the
Participants Also seen CS Vimal Gupta CS Himanshu Harbola Treasurer NIRC-ICSI and CS Sonia Baijal
FelicitationofmembersonGSTDay
ICSI-NIRC Newsletter I July 2021 11
GLIMPSES
4DaysOnlineMasterClassonGSTOpportunities(21Edition)from28June2021to03July2021
Day129062021
CS (Adv) Sumit Wadhwa Abbot Law Ofice addressing the Participants Also seen CS Vimal Gupta and CS GS Sarin
Day230062021
CA Akshay Kumar Jain Akshay Kumar Jain amp Co LLP addressing the Participants Also seen CS GS Sarin
Day302072021
CS Jagmohan Bansal Sr Advocate addressing the Participants Also seen CS GS Sarin
Day403072021
CS Sanjay Malhotra Practicing Company Secretary addressing the Participants Also seen CS GS Sarin and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 12
GLIMPSES
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiUniversityofInformationTechnology
CS Nagendra D Rao President ICSI CS Sonal Jain Chairperson Ghaziabad Chapter of NIRC-ICSI CS Sakshi Mittal
Management Committee Member Ghaziabad Chapter of NIRC-ICSI and CS Arjunn Kr Tyagi Immediate Past Chairman
Ghaziabad Chapter of NIRC-ICSI addressing the Participants Also seen Dr Annu Behl Mehra Prof MUIT Dr Akhand
Pratap Singh Registrar MUIT Prof (Dr) KB Asthana Dean Maharishi Law School MUIT CS Awanish Srivastava Mr A
K Srivastava Joint Secretary ICSI CS Nitin Goel Mr Vinay Kumar Chapter Incharge Ghaziabad Chapter of NIRC-ICSI
along with other dignitaries
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiAggarwalCollegeBallabgarhFaridabadInstituteofManagementampTechnology
FaridabadampPtJLNGovtCollegeFaridabad
CS Vimal Gupta CS Arun Goel Chairman Faridabad Chapter of NIRC-ICSI CS Anmol Nakra Vice- Chairman Faridabad
Chapter of NIRC-ICSI Dr Krishan Kant Principal Aggarwal College Dr Rekha Sain Dr Manoj Shukla Aggarwal College
Prof (Dr) Ravi K Handa Director IMT College Dr Parul Khanna Vice- Principal IMT College Dr M K Gupta Principal
Pt JLN Govt College Ms Preeti Kapoor Asso Prof Pt JLN Govt College Ms Suman Iyer EO Faridabad Chapter of NIRC-
ICSI along with other dignitaries
ICSI-NIRC Newsletter I July 2021 13
GLIMPSES
stValedictoryFunctionndash321 MSOP
CS Vijay Kumar Kaul Practicing Company Secretary CS Vimal Gupta CS SusshilDaga Vice-Chairman NIRC-ICSI CS
Devender Suhag CS Himanshu Harbola CS Suresh Pandey CS GS Sarin and CS Surya Kant Gupta Regional Council
Member NIRC-ICSI addressing the Participants
ndInauguralFunctionndash322 MSOP
CS Vimal Gupta and CS Suresh Pandey addressing the Participants
4DaysOnlineMasterClassonFEMA(22ⁿEdition)from5July2021to8July2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells addressing the
Participants Also seen CS Vimal Gupta CS Devender Suhag and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 14
AGM
Notice is hereby given that the 40th Annual General Meeting of the members of the Institute of Company Secretaries of
India (ICSI) in the Northern Region forming part of Northern India Regional Council (NIRC) will be held on Wednesday
the 28th July 2021 at 1000 AM through online video conferencing at the link to transact the httpsbitly3qUlgZZ
following business(es)-
1 To receive consider and adopt Audited Balance Sheet as at 31st March 2021 the Income and Expenditure
account for the year ended on that date Report of the Regional Council and Auditors Report thereon
2 To appoint Ms Mukesh A Mittal amp Co Chartered Accountants Delhi as Statutory Auditors in place of retiring
Auditors Ms Mittal amp Mittal Associates Chartered Accountants to hold ofice from the conclusion of this Annual
General Meeting until conclusion of the next Annual General Meeting and to ix their remuneration
By order of The Northern India Regional Council of ICSI
Notice Of Annual General Meeting
(CSDEVENDERSUHAG)SecretaryNIRC-ICSIPlace New Delhi
Dated 13 July 2021
Note(s)
1 The members are requested to send their queries on inancial accounts andor functioning of NIRC through email
at niroicsiedu at least three (3) days in advance so that answers may be made available at the meeting
2 Members are requested to update the changes in their address(es) e-mail IDs contact details and other
particulars in their respective members account on ICSI portal for enabling NIRC to disseminate information
about activities and programs
3 In order to promote the Green Initiative the ICSI vide its letter dated 21102011 directed all its Regional Councils
to send the Annual Report to the members through electronic mode Accordingly NIRC is sending Annual Report
for the year 2020-21 through e-mail Members may also viewdownload Annual Report from the child portal of
NIRC ICSI (httpswwwicsiedunirohome)
4 Due to COVID-19 no physical copy of Annual Report shall be available for reference of the members
5 Web link to Join Annual General Meeting is (the link will be activated at 0940 AM on 28th httpsbitly3qUlgZZ
July 2021)
ICSI-NIRC Newsletter I July 2021 15
AGM
To
TheMembersofNIRCoftheICSI
REPORTONTHEAUDITOFTHEFINANCIALSTATEMENTS
Opinion
We have audited the accompanying standalone inancial statements of NORTHERNINDIAREGIONALCOUNCILOF
THEINSTITUTEOFCOMPANYSECRETARIESOFINDIANew Delhi which comprise the Balance Sheet as at 31st March
2021 and the statement of Income and Expenditure Cash Flow and a summary of the signiicant accounting policies and
other explanatory information
In our opinion and to the best of our information and according to the explanations given to us said Balance Sheet the
Income and Expenditure Account and Cash Flow Statement read together with the Schedule amp Notes thereon give a true
and fair view
1 In so far as it relates to the Balance Sheet of the State of Affairs of the NIRC of the ICSI as at 31st March 2021 and
2 In so far as it relates to the Income amp Expenditure account of the Excess of Income over the Expenditure of the
NIRC of the ICSI for the year ended on that date
3 In so far as it relates to the Cash Flow Statement of Cash Flow of the NIRC of the ICSI for the year ended on that
date
BasisforOpinion
We conducted our audit in accordance with the Standards on Auditing (SAs) generally accepted in India Our
responsibilities under those Standards are further described in the Auditors Responsibilities for the Audit of the
Financial Statements section of our report We are independent of the Entity in accordance with the Code of Ethics
issued by the Institute of Chartered Accountants of India together with the ethical requirements that are relevant to our
audit of the inancial statements and we have fulilled our other ethical responsibilities in accordance with these
requirements and the Code of Ethics We believe that the audit evidence we have obtained is suficient and appropriate
to provide a basis for our opinion
ResponsibilityoftheManagementfortheFinancialStatements
The NIRC of the ICSI are responsible for the preparation of these inancial statements that give a true and fair view of the
inancial position and inancial performance and cash low of NIRC of the ICSI in accordance with the accounting
principles generally accepted in India and formulated by the ICSI This responsibility also includes maintenance of
adequate accounting records in accordance with the applicable provisions for safeguarding the assets of the NIRC of the
ICSI and for preventing and detecting frauds and other irregularities selection and application of appropriate
accounting policies making judgments and estimates that are reasonable and prudent and design implementation and
maintenance of adequate internal inancial controls that were operating effectively for ensuring the accuracy and
completeness of the accounting records relevant to the preparation and presentation of the inancial statements that
give a true and fair view and are free from material misstatement whether due to fraud amp error
Independent auditorrsquos report
ICSI-NIRC Newsletter I July 2021 16
AGM
AuditorsResponsibilitiesfortheAuditoftheFinancialStatementsOur objectives are to obtain reasonable assurance about whether the inancial statements as a whole are free from
material misstatement whether due to fraud or error and to issue an auditors report that includes our opinion
Reasonable assurance is a high level of assurance but is not a guarantee that an audit conducted in accordance with SAs
will always detect a material misstatement when it exists Misstatements can arise from fraud or error and are
considered material if individually or in the aggregate they could reasonably be expected to inluence the economic
decisions of users taken on the basis of these inancial statements
As part of an audit in accordance with SAs we exercise professional judgment and maintain professional skepticism
throughout the audit We also
bull Identify and assess the risks of material misstatement of the inancial statements whether due to fraud or
error design and perform audit procedures responsive to those risks and obtain audit evidence that is
suficient and appropriate to provide a basis for our opinion The risk of not detecting a material misstatement
resulting from fraud is higher than for one resulting from error as fraud may involve collusion forgery
intentional omissions misrepresentations or the override of internal control
bull Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and
related disclosures made by management
bull Conclude on the appropriateness of managements use of the going concern basis of accounting and based on
the audit evidence obtained whether a material uncertainty exists related to events or conditions that may cast
signiicant doubt on the Entitys ability to continue as a going concern If we conclude that a material
uncertainty exists we are required to draw attention in our auditors report to the related disclosures in the
inancial statements or if such disclosures are inadequate to modify our opinion Our conclusions are based on
the audit evidence obtained up to the date of our auditors report However future events or conditions may
cause the Entity to cease to continue as a going concern
bull Evaluate the overall presentation structure and content of the inancial statements including the disclosures
and whether the inancial statements represent the underlying transactions and events in a manner that
achieves fair presentation
Furtherwereportthat a) We have obtained all the information and explanations which to the best of our knowledge and belief were
necessary for the purpose of our audit
b) In our opinion proper books of accounts as required by law amp ICSI have been kept by the Regional Council
so far as it appears from our examination of books amp records
c) The Balance Sheet the Income and Expenditure Account and Cash Flow Statement are in agreement with
the books of accounts presented before us
d) In our opinion Income and Expenditure Account Balance Sheet and Cash Flow Statement comply with the
accounting guidelines as adopted by the Institute
For MITTAL amp MITTAL ASSOCIATES
CHARTERED ACCOUNTANTS
Firm Regn No 014511N
Sd-
(CAMUKESHMITTAL)
Membership No 092534
Partner Place New Delhi
Date 01062021
UDIN 21092534AAAADH2668
ARTICLES
Introduction
A change always have positive and negative effects Same happened with this law called Goods and Service Tax BJP
Government was trying to introduce this concept since 2002 The committee for GST was formed in the year 1999 by our
Prime Minister Atal Bihari Vajpayee It was our Prime Minister who in the year 1999 understood that there shall be
single indirect tax system among the country to reduce the burden on the businessman But the approval from the
opposition took too long to implement Just like said earlier that changes always lead to discussions and disagreement st
GST was the idea of Mr Atal Bihari Vajpayee and came into force under the Modi Government on 01 July 2017 midnight
Along with opposition party (congress) businessmen common people shopkeepers etc were against the government
It was hard for them to accept GST
WhichcountryGSTModelAdoptedbyIndia
GST was irst adopted by France in the year 1954 with 4 tax slab rates (21 55 10 and 20) Amongst the tax
rates 20 is the standard rate applicable to most of the goods in France After France more than 140 countries adopted
GST model and some of the countries adopted Dual-GST model Canada is one of the country with dual GST model and
India adopted the same
Dual-GST It is referred where tax is collected by federal government and then distributed to respective states
WhyGSTwasimplementedinIndia
The main objective of GST implementation was to eliminate double taxation ie from manufacturing level to
consumption level Earlier VAT and sales tax was part of indirect tax and manufactures were liable for VAT and consumer
was liable for Sales tax due to which price of the product used to increase For the beneit of the nation GST came into
effect in the year 2017 despite of any reluctance to the changes
Earlier many were against the GST model but slowly and steadily they understood that with the introduction of GST the
pricing of the product has been made easy and cost of some products has been introduced With the introduction of GST
businesses are able to earn proit because of One Nation One Tax formula
Since the launch of GST government implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull 025 applied to cut and semi-polished stones
bull 5 on household necessities such as sugar spices tea and coffee
bull 12 on computers and processed food
bull 18 on toothpaste hair oil soap etc
bull 28 to luxury items such as cigarettes cars bike refrigerators etc
Goods andService TaxCS Yati Mittal ACS
csyatimittalgmailcom
ARTICLE
ICSI-NIRC Newsletter I July 2021 18
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TypesofGST
1 Central Goods and Service Tax (CGST) It is charged on the intra state supply of products and services
2 State Goods and Service Tax It is charged on the supply of products and services within the state
3 Integrated Goods and Service Tax It is charged on the inter state supply of products and services
4 Union Territory Goods and Service Tax It is charged on the supply of goods and services of Union Territories
HowtoavailGSTNumber
Under GST regime below persons are required to obtain GST IN number
1 Any businesses whose turnover exceeds Rs 40 Lakh in a inancial year for a normal category states and
Rs20 lakh for a special category states
2 Person registered under previous law (VAT Service Tax)
3 Registered business that has been transferred
4 Person making inter-state supplies
5 Non-resident taxable person
6 Agents of the supplier
7 Those paying tax under reverse charge mechanism
8 Person supplying online information and database access or retrieval
9 Person who supplies via e-commerce aggregator
Eligible persons are required to follow below mentioned steps to obtain GST IN number
1 Visit GST Portal
2 Click on Registration tab under Services tab and select NewRegistration
3 An application form will be opened which is divided in two parts ie Part A and B
4 Eligible persons are required to ill in the details so asked and submit the same
5 After submitting the required details ARN (Application reference number) will be sent to the registered
email id and mobile number for future reference
GSTFilingStructure
There are three types of GST taxpayer
Regular Taxpayers Composition TaxablePersons
Returns forSpeciic Transactions
ICSI-NIRC Newsletter I July 2021 19
ARTICLE
A RegularTaxpayers
Form GSTR-1 and GSTR-3B are to be iled by businesses and professionals registered with GST every month if their
annual turnover is exceeds Rs 5 crore Other taxpayer had an option to choose a quarterly return iling
From the quarter January 2021 even the businesses and professional whose turnover exceeds Rs 5 crore has an
option to opt for QRMP (Quarterly Return and Monthly Payment) Scheme where they can ile GSTR-1 and 3B
quarterly with monthly estimated GST payment
B CompositionTaxablePersons
A person registered under this scheme has to ile Form CMP-08 quarterly and Form GSTR-4 yearly by 30 April from
year 2019-2020 onwards Till FY 2018-19 persons registered under this scheme were liable to ile Form GSTR-4
quarterly and GSTR-9A annually
C ReturnsforSpeciicTransactions
Special transactions under GST have been deined with speciic GST returns such as
bull GSTR-5It is iled by non-resident foreign taxpayers who are registered with GST and carry their business in
thIndia It shall be iled by 20 of each month
bull GSTR-5A It is a summary return for reporting the outward taxable supplies and tax payable by Online
thInformation and Database Access or Retrieval Services (OIDAR) provider under GST It shall be iled by 20 of
each month
bull GSTR-6 It is iled by Input Service Provider This form carry the details of input tax credit received and
thdistributed It shall be iled by 13 of each month
bull GSTR-7It is iled by person who are liable to deduct TDS This form will contain details of TDS payable paid and
thclaimed It shall be iled by 10 of every month
bull GSTR-8Return iled by e-commerce operators registered under GST and who collects Tax at source (TCS) The
threturn shall be iled by 10 of every month
Conclusion
Persons businesses professionals registered GST has to ile the form as per the dates prescribed They will not be able to
ile any next return if any month quarter or year return is pending from their sides Moreover if there is any late iling
then interest and late fees are being calculated Following are the interest rates and penalties that are being levied on
late submission of forms
bull Interest 18 pa shall be calculated on the outstanding amount It shall be calculated on the net tax liability in
the ledger The interest shall be levied from the very next day of due date of actual date of form iling
bull As per CGST and SGST Rs 100- per day each late fees is levied which shall not exceed Rs 5000- No late fee is
prescribed under IGST
ICSI-NIRC Newsletter I July 2021 20
GST stands for Goods and Services Tax which became effective from July 1 2017 in India as one tax one nation It is an
Indirect tax which introduced to replacing a host of other Indirect taxes such as value added tax service tax purchase
tax excise duty and so on
GST is a destination-based tax levied on the consumption of goods and services across the nation thus rendering the
country one uniied common market
GST is a multi-stage tax system which is comprehensive in nature and applied on the sale of goods and services
throughout India
Aim The main aim of this taxation system is to curb the cascading effect of other indirect taxes
The goods and services tax (GST) is a value-added tax levied on most goods and services sold for domestic consumption
The GST is paid by consumers in addition of the sales price of the product but it is remitted to the government by the
businesses selling the goods and services
goods andservice tax (gst)
ARTICLE
ICSI-NIRC Newsletter I July 2021 21
CS Parul Jain ACS
csparulnishujain10121gmailcom
Destination-based tax vs Origin-based tax
A destination-based tax is one which is levied in the state where the goods or services are consumed and not where they
are produced On the other hand an origin-based tax is levied in the state where goods or services are produced (not
consumed) The views expressed are personal views of the author
and it should not be taken as views of the NIRC-ICSI
ARTICLE
GST is paid by the different businesses at different rates in the following manner
Manufacturer The manufacturer pays GST on the raw material that is purchased and the value that has been added to
make the product However the tax that has been paid by the manufacturer is reduced from the overall GST that must be
paid
Service Provider The service provider pays GST on the amount that is paid for the service provided and the value that
has been added to it
Retailer The retailer pays GST on the product that has been purchased from the distributor as well as the margin that
has been added However the tax that has been paid by the retailer can be reduced from the overall GST that must be
paid
Consumer GST must be paid on the product that has been purchased by the consumer
History of GST
On July 1st 2017 the Goods and Services Tax implemented in India But the process of implementing the new tax regime
commenced a long time ago In 2000 Atal Bihari Vajpayee then Prime Minister of India set up a committee to draft the
GST law
In 2006 Finance Minister proposed the introduction of GST from 1st April 2010 and in 2011 the Constitution
Amendment Bill passed to enable the introduction of the GST law In 2012 the Standing Committee started discussions
about GST and tabled its report on GST a year later In 2014 the new Finance Minister at the time Arun Jaitley
reintroduced the GST bill in Parliament and passed the bill in Lok Sabha in 2015 Yet the implementation of the law
delayed as it was not passed in Rajya Sabha
GST went live in 2016 and the amended model GST law passed in both the house The President of India also gave assent
In 2017 the passing of 4 supplementary GST Bills in Lok Sabha as well as the approval of the same by the Cabinet Rajya
Sabha then passed 4 supplementary GST Bills and the new tax regime implemented on 1st July 2017
Tax Laws Before the Implementation of GST
The Centre and the State used to collect tax separately Depending on the state the tax regimes were different
Even though import tax was levied on one individual the burden was levied on another individual In the cases of direct
tax the taxpayer must pay the tax
Prior to the introduction of GST direct and indirect taxes were present in India
Direct Taxes Refers to the taxes which are paid straight by an individual on whom it is imposed For instance Property
Tax Wealth Tax Gift tax and Income tax etc
Indirect Taxes Refers to the taxes which are charged as a burden reduction for others For instance Excise Duty Service
and Sales tax etc
India established a dual GST structure in 2017 which was the biggest reform in the countrys tax structure in decades
The main objective of incorporating the GST was to eliminate tax on tax or double taxation which cascades from the
manufacturing level to the consumption level
ICSI-NIRC Newsletter I July 2021 22
ARTICLE
India has since launching the GST on July 1 2017 implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull A rate of 025 applied to cut and semi-polished stones
bull A 5 tax on household necessities such as sugar spices tea and coffee
bull A 12 tax on computers and processed food
bull An 18 tax on hair oil toothpaste soap and industrial intermediaries
The inal bracket taxing goods at 28 applies to luxury products including refrigerators ceramic tiles cigarettes cars
and motorcycles
The previous system with no GST implies that tax is paid on the value of goods and margin at every stage of the
production process This would translate to a higher amount of total taxes paid which is carried down to the end
consumer in the form of higher costs for goods and services The implementation of the GST system in India is therefore
a measure that is used to reduce inlation in the long run as prices for goods will be lower
ICSI-NIRC Newsletter I July 2021 23
TaxRates Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
GST also gives a major push to domestic industries as they will be able to procure seamless input credit for capital goods
Make in India campaign is set to lourish after this reform
ARTICLE
TypesofGST
The four different types of GST are given below
ICSI-NIRC Newsletter I July 2021 24
Central Goods and Services Tax (CGST) CGST is charged on the intra state supply of products and services
Individuals who pay tax as per the reverse change mechanism Central goods and service tax is the amount which is
channelled to the central government of revenue department which is equal to SGST The speciic tax amount is for
remuneration for loss of the already existing excise duties which is supposed to be paid to the central government In
such a scenario of the regional sales the remaining 50 share of GST is sent to the CGST
StateGoodsandServicesTax (SGST) SGST like CGST is charged on the sale of products or services within a stateState
Goods and Service Tax is the integral part of tax which is transferred to the state government and state revenue
department This remunerates the loss of present Sales Tax and VAT to state government It is where the 50 share of
total tax imposed is transferred to the SGST tax
IntegratedGoodsandServicesTax (IGST) IGST is charged on inter-state transactions of products and servicesIGST
stands for the Integrated Goods and Services Tax which is imposed when the state-to-state sales and procurement is in
transition A speciic share is sent to the central government along with the partner state to which the goods and services
belong to The IGST is levied only when the two states procurement and sales take place
ARTICLE
RegistrationunderGST
It is mandatory for all Service providers buyers and sellers to register A business that makes a total income of Rs20
lakhs and more in a inancial year must be required to do GST registration It takes 2-6 working days to process
The below mentioned entities and individuals must register for Goods and Services Tax
middot E-commerce aggregators
middot Individuals who supply through e-commerce aggregators
middot Agents of input service distributors and suppliers
middot Non-Resident individuals who pay tax
middot Businesses that have a turnover that is more than the threshold limit
middot Individuals who have registered before the GST law was introduced
Any company that is eligible under GST must register itself in the GST portal created by the Government of India The
registered entities will get a unique registration number called GSTIN
A 15-digit distinctive code that is provided to every taxpayer is the GSTIN The GSTIN will be provided based on the state
you live at and the PAN Some of the main uses of GSTIN are mentioned below
w Loans can be availed with the help of the number
w Refunds can be claimed with the GSTIN
w The veriication process is easy with the help of the GSTIN
w Corrections can be made
The GST registration certiicate is issued in Form GST REG-06 The certiicate is not issued physically It is available in
digital format only A GST Certiicate is an oficial document that is issued by the concerned authorities for a business
that has been enrolled under the GST system GST Certiicate contains GSTIN Legal Name Trade Name Constitution of
Business Address Date of liability Period of Validity Types of Registration Particulars of Approving Authority
Signature Details of the Approving GST oficer and Date of issue of a certiicate
GST E-Way Bill
An electronic document that is generated to show proof of goods movement is the E-Way bill We can generate the bill
from the GST portal
BeneitsofGST
ICSI-NIRC Newsletter I July 2021 25
ARTICLE
The following are the advantages of goods and services tax in India
bull Regulation of the unorganised sector
bull E-commerce operators no longer suffer from differential treatment
bull Fewer complications
bull Composition scheme
bull Registration process and iling of returns are simple
bull Higher threshold
bull Elimination of the cascading tax effect
GoodsandServicesTaxNetwork
The GSTN is the Goods and Services Tax Network which is responsible for managing the IT system concerning the GST
Portal It is a non-proit non-government organization and is the database for the oficial GST Portal
The features of the GSTN can be listed as follows
bull Keeping the information of all the taxpayers safe and secure
bull Maintaining conidentiality of the taxpayers information
bull It is a trusted National Information Utility (NIU)
GSTN is responsible for handling
bull The invoices
bull The registrations
bull The payments and refunds (if any)
bull Different types of returns
GSTReturns
A GST Returns is a document that contains information about the income that a taxpayer must ile with the authorities
This information used to compute the taxpayers tax liability Under the Goods and Services Tax registered dealers must
ile their GST returns with details regarding their purchases sales input tax credit and output GST Businesses are
expected to ile 2 monthly returns as well as an annual return
Currently the GST is paid every month The GSTR-1 and GSTR-3B must be iled In the case of refunds the relevant forms
must be submitted as well GST payments can be made both online and ofline Once the payment has made a challan is
generated
TypesofGSTReturnsandDuedates
GSTR-1
GSTR-1 is the return to be furnished for reporting details of all outward supplies of goods and services made In other
words it contains the invoices and debit-credit notes raised on the sales transactions for a tax period GSTR-1 is to be
iled by all normal taxpayers who are registered under GST including casual taxable persons
ICSI-NIRC Newsletter I July 2021 26
ARTICLE
Monthlyby11thofeverysucceedingmonthif the business either has an annual aggregate turnover of more than Rs5
crore or has not opted into the QRMP scheme
Quarterlyby13thofthemonthfollowingeveryquarterif the business has opted into the QRMP scheme
GSTR-2A
GSTR-2A is a view-only dynamic GST return relevant for the recipient or buyer of goods and services It contains the
details of all inward supplies of goods and services ie purchases made from GST registered suppliers during a tax
period
GSTR-2B
GSTR-2B is again a view-only static GST return important for the recipient or buyer of goods and services
GSTR-2B provides action to be taken against every invoice reported such as to be reversed ineligible subject to reverse
charge
ICSI-NIRC Newsletter I July 2021 27
ARTICLE
GSTR-3B
GSTR-3B is a monthly self-declaration to be iled for furnishing summarised details of all outward supplies made input
tax credit claimed tax liability ascertained and taxes paid
GSTR-3B is to be iled by all normal taxpayers registered under GST The sales and input tax credit details must be
reconciled with GSTR-1 and GSTR-2B every tax period before iling GSTR-3B GST reconciliation is crucial to identify
mismatches in data that may lead to GST notices in future or suspension of GST registration as well
The iling frequency of GSTR-3B is currently as follows
thMonthly 20 of every following month for taxpayers with an aggregate turnover in the previous inancial year of more
than Rs5 crore or have been otherwise eligible but still opted out of the QRMP scheme
thQuarterly 24 of every following month of the quarter ended for the taxpayers with aggregate turnover is less than or
equal to Rs 5 crore eligible and remain opted into the QRMP scheme
ICSI-NIRC Newsletter I July 2021 28
GSTR-4
GSTR-4 is the annual return that was to be iled by the composition taxable persons under GST by 30th April of the year
following the relevant inancial year It has replaced the erstwhile GSTR-9A (annual return) from FY 2019-20 onwards
Prior to FY 2019-20 this return had to be iled on a quarterly basis Thereafter a simple challan in form CMP-08 iled by
18th of the month succeeding every quarter replaced it
ARTICLE
The composition scheme is a system in which taxpayers dealing with goods and having a turnover up to Rs15 crores can
opt into and pay taxes at a ixed rate on the turnover declared
GSTR-5
GSTR-5 is the return to be iled by non-resident foreign taxpayers who are registered under GST and carry out business
transactions in India
The return contains details of all outward supplies made inward supplies received creditdebit notes tax liability and
taxes paid
The GSTR-5 return is to be iled monthly by the 20th of each month under GSTIN that the taxpayer is registered in India
GSTR-5A
GSTR-5A refers to a summary return for reporting the outward taxable supplies and tax payable by Online Information
and Database Access or Retrieval Services (OIDAR) provider under GST
The due date to ile GSTR-5A is the 20th of every month
GSTR-6
GSTR-6 is a monthly return to be iled by an Input Service Distributor (ISD)
It will contain details of input tax credit received and distributed by the ISD It will further contain details of all
documents issued for the distribution of input credit and the manner of distribution
The due date to ile GSTR-6 is the 13th of every month
GSTR-7
GSTR-7 is a monthly return to be iled by persons required to deduct TDS (Tax deducted at source) under GST
This return will contain details of TDS deducted the TDS liability payable and paid and TDS refund claimed if any
The due date to ile GSTR-7 is the 10th of every month
GSTR-8
GSTR-8 is a monthly return to be iled by e-commerce operators registered under the GST who are required to collect tax
at source (TCS)
It contains details of all supplies made through the e-commerce platform and the TCS collected on the same
The GSTR-8 return is to be iled on a monthly basis by the 10th of every month
ICSI-NIRC Newsletter I July 2021 29
ARTICLE
GSTR-9
GSTR-9 is the annual return to be iled by taxpayers registered under GST It is due by 31st December of the year
following the relevant inancial year as per the GST law
It contains the details of all outward supplies madeinward supplies received during the relevant inancial year under
different tax heads ie CGST SGST amp IGST and a summary value of supplies reported under every HSN code along with
details of taxes payable and paid
It is a consolidation of all the monthly or quarterly returns (GSTR-1 GSTR-2A GSTR-3B) iled during that inancial year
GSTR-9 is required to be iled by all taxpayers registered under GST
However there are few exceptions such as taxpayers who have opted for the composition scheme casual taxable
persons input service distributors non-resident taxable persons and persons paying TDS under section 51 of the CGST
Act
GSTR-9C
GSTR-9C is the reconciliation statement to be iled by all taxpayers registered under GST whose turnover exceeds Rs2
crore in a inancial year as per the GST law
It must be certiied by a Chartered AccountantCost amp Management Accountant after conducting a thorough GST audit
of the books of accounts and comparing the igures with the GSTR-9
The deadline to ile this statement is the same as the due date prescribed for GSTR-9 ie 31st December of the year
following the relevant inancial year
GSTR-9C is to be iled for every GSTN hence one PAN can have multiple GSTR-9C forms being iled
GSTR-10
GSTR-10 is to be iled by a taxable person whose registration has been cancelled or surrendered This return is also
called a inal return and has to be iled within three months from the date of cancellation or cancellation order
whichever is earlier
GSTR-11
GSTR-11 is the return to be iled by persons who have been issued a Unique Identity Number (UIN) in order to get a
refund under GST for the goods and services purchased by them in India UIN is a classiication made for foreign
diplomatic missions and embassies not liable to tax in India for the purpose of getting a refund of taxes GSTR-11
contains details of inward supplies received and refund claimed
LateilingofGSTReturns
Return iling is mandatory under GST Even if there is no transaction you must ile a Nil return
You cannot ile a return if you do not ile the previous monthquarters return
Hence late iling of GST return will have a cascading effect leading to heavy ines and penalty
The late iling fee of the GSTR-1 is populated in the liability ledger of GSTR-3B iled immediately after such delay
ICSI-NIRC Newsletter I July 2021 30
ARTICLE
InterestandLatefeetobepaid
Interest is 18 per annum It has to be calculated by the taxpayer on the amount of outstanding tax to be paid It shall be
calculated on the net tax liability identiied in the ledger at the time of payment The time period will be from the next day
of iling due date till the actual date of payment
As per the CGST Act the late fee is Rs 100 per day per Act So it is Rs100 under CGST amp Rs 100 under SGST The total
shall be Rs 200day However there is a maximum levy of Rs 5000 There is no late fee separately prescribed under the
IGST Act Also for GSTR-1 and GSTR-3B the total late fee was reduced to Rs 50 day (Rs20 day for Nil iling)
Conclusion
The goods and services tax (GST) is a tax on goods and services sold domestically for consumption The tax is included in
the inal price and paid by consumers at point of sale and passed to the government by the seller The GST is a common
tax used by the majority of countries globally The GST is usually taxed as a single rate across a nation
Every year 1st of July is commemorated as the Financial Independence Day across the country whereupon the entire
MOP (Member of Parliament) took part in the Parliament house function The transformation of the GST jurisdiction
which was approved by +150 countries is not so easy to get done It was not just the complexities but also the confusions
were expected to pop up In a country like India there is a possibility of such complexities
ICSI-NIRC Newsletter I July 2021 31
GSTndashOneNationOneTax
GST an area of Vast Opportunities for the Professionals The Goods and Services Tax (GST) is a major taxation reform till
date implemented in India since independence which has replaced many indirect taxes in India such as the Excise duty
VAT services tax additional customs duty surcharges and Octroi etc The Goods and Service Tax Act was passed in the
thParliament on 29 March 2017 and came into effect on 1st July 2017The Parliament has enacted the Central Goods and
Services Tax Act 2017 (CGST Act) while the respective states have enacted their own law The Parliament has also
enacted the Union Territory Goods and Services Tax Act 2017 (UTGST Act) for taxation of intra-state supply within the
Union territories of the Country
GST is a tax which is levied on the supply of goods and services and the tax is levied at every point of sale GST Law in India
is a comprehensive multi-stage destination-based tax that is levied on every value addition GST laws have impacted
the life of the many professionals Enactment of GST Law in India is favorable for Tax Systems growth and prosperity of
our nation
NeedofGST
With the enactment implementation of GST Law new rules and amendments introduced in the taxation system The
Tax system has been improved and everything is required to do in the bracket of GST subsuming all the previously
applicable indirect taxes
ARTICLE
ICSI-NIRC Newsletter I July 2021 32
ldquocompany secretary asgst professionalrdquo
CS Lalit Rajput ACS
lalitrajput537gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TaxesunderGST
ICSI-NIRC Newsletter I July 2021 33
3MajorComponentsofGST
CGST SGST IGST
Ta x c o l l e c t e d b y t h e C e n t r a l
Government on an intra-state sale
Tax collected by the state government
on an intra-state sale
Ta x c o l l e c t e d b y t h e C e n t r a l
Government for an inter-state sale
Revenue - Shared equally between the Centre and the State Centre will share the IGST revenue
based on the destination of goods
GSTndashAnEmergingopportunityforCompanySecretaryProfessionals
ldquoOpportunitiesknockonlyonceatyourdoorrdquo-GSTisanopportunityforprofessionalslikeuswhich
providesanopportunitytoservelearnandearn
GST law is a consolidation of many indirect taxes laws amprules with the inputs rendered by the tax authorities GST
provides an opportunity to every professional including Company Secretaries (CS) Member of the ICSI to learn and
grow with the new Tax System Structure regardless of competition with experienced professionals of the ield as this
system is new and emerging for all
After the enactment of GST Law in the country the opportunities for professionals in the area of accounting services and
tax management have increased signiicantly and so the role of Professionals including Company Secretaries We
Company Secretaries can help businesses organizations to understand the necessary document needs which are
required to submit for GST registration and relevant GST compliance post registration with the concerned authority It is
our duty and responsibility as Governance Professionals to take interest in emerging opportunity provided by the
Finance Ministry new taxation system to understand fully and then advise concerned people organization accordingly
GST is a new career opportunity for us The requirement of GST experts professionals in the market is at peak due to
various economic reforms of the nation The newness of the GST concept and due to several changes came in this law
lucrative career opportunities have been creating in GST regime for GST professionals experts Due to the increased
emphasis in GST reforms the hiring intensity for GST professionals is at an overall high There has been a huge demand
for the GST talent experts in all the business verticals due to the criticality of the subject
ARTICLE
This is the right time to become a GST experts professional and take home hefty salary packages But since the level of
professional GST expertise required in the industry is high one has to be careful ampremain updated with all the latest
concepts of GST laws
GSTCoursepromotedbyICSI
As the demand of GST professionals has been increased in the industry The Institute of Company Secretaries of India
(ICSI) In order to give suficient practical knowledge of GST has come up with Certiicate course in GST Law which is an
advanced level course and shall test a candidates knowledge of various concepts of GST along with the transitional
issues The candidates successfully complete the Course are awarded a Certiicate by ICSI
This course enables members to understand the key areas of impact in their business prepare different scenarios for
the design and application of GST identify areas of adverse impact and prepare contingency measures examining legal
documentation for recovery of taxes on existing transactions etc
RoleofCompanySecretariesunderGSTRegime
Company Secretaries Members of ICSI are LawExpertsandComplianceMaster Under section 203 of the Companies
Act 2013 Company Secretary has been deined as KMPs ie Key Managerial Personnel means person who is in-
charge of maintaining the high standard of Corporate Governance by abiding laws and regulations in timely complied
manner In other countries Company Secretary is called as Corporate Secretary as he is responsible to take care of all the
compliances with statutory and regulatory requirements
Company Secretaries can play an important role in GST Regime Company Secretaries can act as a Consultant facilitator
and an advisor to the Corporates They can ensure smooth rollout of GST Law in India To minimize tax and smooth
implementation of GST the business would require restructuring their system and Company Secretary can render
required service to and ensure proper restructuring of business
ListofsomeactivitiesandComplianceMattersthatcanbeundertakenbyaCompanyundertheGST
Regime
1RegistrationofvariousBusinessformsundertheGSTLaws
As we all know that there is no professional certiication required to ile registration of any business form with the GST
Authorities Therefore a Company Secretary professional can also render registration services to the industry
2FilingofGSTReturnswiththeGSTAuthorities
To ile GST Returns whether monthly quarterly at GST Portal for all types of Business forms there is no professional
attestation certiication required Hence a Company Secretary professional with expertisein the GST matters can also
render registration services
3ConsultancytotheEntrepreneursandRestructuringtheirBusinessSystem
Being a Company Secretary we have been always considered as Corporate Law experts We dont need any Taxation
Degree to provide consultancy on the GST matters We can comprehensively interpret the law of GST and provide
complete guidance and advisory to the business entities
4Submissionofvariousreturnsinatimeboundmanner
We are responsible for the eficient and timely administration of the company and speciically ensuring statutory and
regulatory compliance We can guide in better compliance and governance and ensure that all activities undertaken to
achieve its aim are in compliance with legal ethical and regulatory requirements
ICSI-NIRC Newsletter I July 2021 34
ARTICLE
5E-waybillsrelatedissues
E-Way Bill is an Electronic Way bill for movement of goods to be generated on the e-Way Bill Portal and is mandatory for
a GST registered person transporting goods exceeding value of Rs 50000 (Single Invoicebilldelivery challan) We can
help the business entities persons registered under GST Law to generate the W-waybill on time
We can help and support business entities in Maintenance of appropriate registers and records of the organization as
required under GST Law regime
6Taxplanning
Tax planning is an important segment for every business We can help the industry owners entrepreneurs by Tax
planning services and helps in increasing availability of cash for investment business or personal needs We are
competent to understand the impact of laws changes modiications and its various alternatives and can be helpful in
proper tax planning under GST
7EnsureadequatestepsmeasureshasbeentakentopreventfromNon-Compliance
Procedural Compliance includes registration iling of returns payments of taxes assessment etc Since a Company
Secretary is already playing the role of a Compliance Oficer under various other laws he can assist in the same under
GST law also
8AmendmentsmodiicationsampClosureofBusiness
We can helps the registered person under GST Law to submit various applications for amendments or modiications
revocation and cancellation of GST Registration
Conclusion
Registration Amendments Closure Compliance Check requirements Audit and due diligence in the matters related to
GST Law in the Corporate Sectors needs a close watch and proper guidance and laws regulations should be followed by
the Company Secretaries Company Secretaries in Practice All the records and disclosures should be made properly
The Corporate Laws including GST becomes more tough and strict against Non ndash Compliances with respect to any
matter The dynamics of the boardroom are changing and chairmen and directors are realizing that they need specialist
skilled and technical knowledgeable person in this area and they are looking to company secretaries to provide this
expertiseWe are skilled expert professionals who understand legal inancial and compliance dimensions of business
entity comprehensively
ICSI-NIRC Newsletter I July 2021 35
GST is one of the biggest taxation reforms of independent India Its main object was to integrate State economies GST is
the most historic indirect tax reform and is implemented with the aim of enhancing the overall growth of the Nation
along with supporting the MakeInIndiainitiative It aims at creating a single uniied Indian market throughout the
Nation It is a comprehensive destination based indirect tax levy of goods as well as services at the national level
Its main objective is to consolidate multiple indirect tax levies into a single tax thus subsuming an array of tax levies
overcoming the limitations of previous indirect tax structure and creating eficiencies in tax administration
GST is a consumption-based tax which is levied on the basis of ldquoDestination principlerdquo The concept relates
to taxing the supply of goods or services at the point of consumption
It is a comprehensive tax regime covering both goods and services and is collected on value-added at each stage of the
supply chain Further GST paid on the procurement of goods and services can be set off against that payable on the
outward supply of goods or services In simple words Goods and Services Tax is a tax levied on goods and services
imposed at each point of supply GST is a national level tax based on value added principle just like State level VAT which
was levied as tax on sale of inter-state goods
The essence of GST is in removing the cascading effects ie tax on tax of both Central and State taxes by allowing setting-
off of taxes throughout the value chain right from the original producer and service
providers point up to the consumer level
GST is a major improvement over existing system of VAT and disjointed Service Tax ushering a collective gain for
industry trade and common consumers as well as for the Central Government and the State Governments at large
GST as a well-designed value added tax on all goods and services is the most elegant method to eliminate distortions
and to tax consumption
Time to time there had been many amendments in GST Act to remove hardness
In starting when GST came many small business men were thinking that this is a burden on them but time to time under
this act many sections were introduced for the ease of business
For example A composition scheme was introduced in this Act
This composition scheme is an option for speciied categories of small taxpayers to pay GST at a very low rate on the base
of turnover
Now this scheme can be opted by small business men whose turnover in preceding inancial year does not exceed Rs 15
Cr and in some speciied categories eg Arunachal Pradesh Uttarakhand Manipur Meghalaya Mizoram Nagaland
Tripura amp Sikkim this limit is Rs75 Lakh
All composition dealer who opts this scheme are not required to do much compliances and they have to ile quarterly
return in place of monthly return iling
ARTICLE
ICSI-NIRC Newsletter I July 2021 36
GST in IndiaCS Sarika Gupta ACS
cssarikaguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
Earlier this scheme was only for manufacturer trader and restaurant service providers
All manufacturer and traders who opt this scheme pay GST rate of 1 while all restaurant service providers pay GST
5 under this scheme
In spite of it anewsection10(2A)is also inserted which allows small service providers providing services other than
restaurant service to opt this scheme on presumption basis Only condition for this scheme is that aggregate turnover
should not exceed Rs 50 Lakh in the previous year In this scheme they have to pay GST 6 (CGST+ SGSTUTGST) on
irst supplies of services up to a value of Rs 50 lakhs made from the date of 1st April of current year
Wecanunderstandthissectionbyoneexample
A photographer Champak Lal has commenced photography service in Delhi from April this year His turnover for
various quarter is as follows
April- June Rs 20 Lakh July ndash Sept Rs 30 Lakh Oct ndash Dec Rs 20 Lakh
He takes registration when his turnover limit is crossed ie after the month of June when turnover limit exceeds Rs 20
Lakhs Now he can opt this scheme because in preceding year his turnover is nil ie below Rs 50 Lakhs
thFor payment of tax under this scheme turnover from 1st April to 30 June will be excluded as this time he did not take
registration in GST
He will pay GST 6 on next Rs 30 Lakh turnover of July to September quarter ie Rs 180000 under this scheme
By end of September month he crosses the eligibility Turnover limit of Rs 50 Lakhs of this scheme so he has to opt out
from this scheme and to adopt normal scheme While during the irst quarter April to June he was not registered in GST
but for eligibility of this scheme turnover of this quarter will also be counted in eligibility limit
Consequently Tax payable for quarter Oct- Dec will be 20 L18 ie Rs 360000 under normal scheme
In the same way earlier all traders and manufacturer who opt this composition scheme were not allowed to provide
services except restaurant services as well as all restaurant service providers also were not allowed to provide other
services except restaurant service
But now Secondprovisotosection10(1)allowsManufacturertraderandrestaurantserviceproviderstosupply
marginal services other than restaurant services along with Goods Restaurant service in CY of value not exceeding
10ofpreviousyearsturnoverorRs500000whichever is Higher
Wecanunderstandthisfromoneexample
Binod is engaged in supply of goods His aggregate turnover in preceding FY is 60 lakh Since his aggregate turnover in
the preceding FY does not exceed 15 crore he is eligible for composition scheme in current FY Further in current FY he
can supply services [other than restaurant services] up to a value of not exceeding
(a) 10 of Rs 60 lakhs ie Rs6 lakh or
Rs 5 lakhs whichever is igher
Thus time to time there are becoming many amendments in this Act for the ease of business In overall we can say GST
(GOODS AND SERVICE TAX) is a GoodandSimpleTax
ICSI-NIRC Newsletter I July 2021 37
GST is known as the Goods and Services Tax It is an indirect tax which has replaced many indirect taxes in India such as
the excise duty VAT services tax etc The Goods and Service Tax Act was passed in the Parliament on 29th March 2017
and came into effect on 1st July 2017
In other words GST is levied on the supply of goods and services Goods and Services Tax Law in India is a
comprehensivemulti-stagedestination-basedtaxthat is levied on everyvalueaddition GST is a single domestic
indirect tax law for the entire country
GSTAdvantages
middot GST is a transparent tax and also reduces the number of indirect taxes
middot GST will not be a cost to registered retailers therefore there will be no hidden taxes and the cost of doing business
will be lower
middot Beneit people as prices will come down which in turn will help companies as consumption will increase
middot There is no doubt that in the production and distribution of goods services are increasingly used or consumed
and vice versa
middot Separate taxes for goods and services which is the present taxation system requires division of transaction
values into value of goods and services for taxation leading to greater complications administration including
compliances costs
middot In the GST system when all the taxes are integrated it would make possible the taxation burden to be split
equitably between manufacturing and services
middot GST will be levied only at the inal destination of consumption based on the VAT principle and not at various
points (from manufacturing to retail outlets) This will help in removing economic distortions and bring about
development of a common national market
middot GST will also help to build a transparent and corruption-free tax administration
middot Presently a tax is levied on when a inished product moves out from a factory which is paid by the manufacturer
and it is again levied at the retail outlet when sold
middot GST is backed by the GSTN which is a fully integrated tax platform to deal with all aspects of GST
GSTDisadvantages
middot Some Economist says that GST in India would impact negatively on the real estate market It would add up to 8
percent to the cost of new homes and reduce demand by about 12 percent
middot Some Experts says that CGST (Central GST) SGST (State GST) are nothing but new names for Central
ExciseService Tax VAT and CST Hence there is no major reduction in the number of tax layers
ARTICLE
ICSI-NIRC Newsletter I July 2021 38
goods and servicestax (gst)
CS Jaspal Singh Dhanjal FCS
cspunjabpoweryahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
middot Some retail products currently have only a four percent tax on them After GST garments and clothes could
become more expensive
middot The aviation industry would be affected Service taxes on airfares currently range from six to nine percent With
GST this rate will surpass ifteen percent and effectively double the tax rate
middot Adoption and migration to the new GST system would involve teething troubles and learning for the entire
ecosystem
What are the components of GST
There are three taxes applicable under this system CGST SGST amp IGST
middot CGST It is the tax collected by the Central Government on an intra-state sale (eg a transaction happening
within Maharashtra)
middot SGST It is the tax collected by the state government on an intra-state sale (eg a transaction happening within
Maharashtra)
middot IGST It is a tax collected by the Central Government for an inter-state sale (eg Maharashtra to Tamil Nadu)
In most cases the tax structure under the new regime will be as follows
ICSI-NIRC Newsletter I July 2021 39
Transaction GSTRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central
ExciseService tax
Revenue will be shared equally between the
Centre and the State
Sale to another State IGST Central Sales Tax + Excise
Service Tax
There will only be one type of tax (central) in
case of inter-state sales The Centre will then
share the IGST revenue based on the destination
of goods
GSTRegistration
AggregateTurnover RegistrationRequired Applicability
EarlierLimitsndashForthesaleofGoodsProvidingServices
Exceeds Rs20 lakh Yes ndash For Normal Category States Up to 31st March 2019
Exceeds Rs10 lakh Yes ndash For Special Category States Up to 31st March 2019
NewLimitsndashForSaleofGoods
Exceeds Rs 40 lakh Yes ndash For Normal Category States From 1st April 2019
Exceeds Rs 20 lakh Yes ndash For Special Category States From 1st April 2019
NewLimitsndashForProvidingServices
There has been no change in the threshold limits for service providers Persons providing services need to register if
their aggregate turnover exceeds Rs 20 lakh (for normal category states) and Rs 10 lakh (for special category states)
ARTICLE
The process by which a taxpayer gets registered under Goods and Service Tax (GST) is GST registration Once the
registration process has been completed the Goods and Service Tax Identiication Number (GSTIN) is provided The 15-
digit GSTIN is provided by the Central Government and helps to determine whether a business is liable to pay GST
WhoiseligibletoregisterunderGST
GST Registration must be completed by the following individuals and businesses
1 Individuals who have registered under the tax services before the GST law came into effect
2 Non-Resident Taxable Person and Casual Taxable Person
3 Individuals who pay tax under the reverse charge mechanism
4 All e-commerce aggregators
5 Businesses that have a turnover that exceeds Rs40 lakh In the case of Uttarakhand Himachal Pradesh Jammu amp
Kashmir and North-Eastern states the turnover of the business should exceed Rs10 lakh
6 Input service distributors and agents of a supplier
7 Individuals who supply goods through an e-commerce aggregator
8 Individuals providing database access and online information from outside India to people who live in India
other than those who are registered taxable persons
TypesofGSTRegistration
Under the GST Act GST Registration can be of various types You must be aware of the different types of GST Registration
before selecting the appropriate one The different types of GST Registration are
NormalTaxpayer
Most businesses in India fall under this category You need not provide any deposit to become a normal taxpayer There is
also no expiry date for taxpayers who fall under this category
CasualTaxablePerson
Individuals who wish to set up a seasonal shop or stall can opt for this category You must deposit an advance amount
that is equal to the expected GST liability during the time the stall or seasonal shop is operational The duration of the
GST Registration under this category is 3 months and it can be extended or renewed
CompositionTaxpayer
Apply for this if you wish to obtain the GST Composition Scheme You will have to deposit a lat under this category The
Input tax credit cannot be obtained under this category
Non-ResidentTaxablePerson
If you live outside India but supply goods to individuals who stay in India opt for this type of GST Registration Similar to
the Casual Taxable Person type you must pay a deposit equal to the expected GST liability during the time the GST
registration is active The duration for this type of GST registration is usually 3 months but it can be extended or
renewed at the type of expiry
ICSI-NIRC Newsletter I July 2021 40
ARTICLE
DocumentsrequiredforGSTRegistration
Here are the documents required to complete GST Registration
1 PAN card
2 Aadhaar card
3 Business address proof
4 Bank account statement and cancelled cheque
5 Incorporation Certiicate or the business registration proof
6 Digital Signature
7 Directors or Promoters ID proof address proof and photograph
8 Letter of Authorisation or Board Resolution from Authorised Signatory
GSTRegistrationViaAuthenticationofAadhaar
New businesses can secure their GST registration with the help of the Aadhaar The process is simple and quick The new
process came into effect from 21 August 2020 The procedure to opt for Aadhaar authentication is mentioned below
1 When you apply for GST registration you will be provided with an option to choose Aadhaar authentication
2 Select YES The authentication link will be sent to the registered email ID and mobile number
3 Click on the authentication link
4 Enter the Aadhaar number and select Validate
5 Once the details have been matched an OTP will be sent to the registered mobile number and email ID
6 Enter the OTP to complete the process You will get the new GST registration within three working days
OnlineGSTRegistrationFees
In case you complete the GST Registration procedure online no fee will be levied Once the relevant documents have
been uploaded an Application Reference Number (ARN) will be sent via SMS and email to conirm the registration
PenaltyforNotRegisteringorLateRegisteringUnderGST
If you do not pay tax or pay a lesser amount than what is due the penalty that is levied is 10 of the due amount (in case
of genuine errors) However the minimum penalty is Rs10000
If you have not registered for GST and are deliberately trying to evade tax the penalty levied is 100 of the due tax
amount
BeneitsofGSTRegistration
The main beneits of GST registration are mentioned below
1 Big projects can be accepted from Multinational Corporations (MNCs)
2 Goods can be sold online
3 Goods can be sold across the country
4 GST registration acts as valid proof as it is a legal entity registration
5 Input tax credit can be availed when any goods or services are being purchased
6 With the help of a GSTIN a current bank account can be opened
7 The GSTIN helps in increasing the brand value of the business
ICSI-NIRC Newsletter I July 2021 41
ARTICLE
GSTRegistrationExemption
The below-mentioned individuals and entities are exempt from GST registration
1 Businesses that manufacture supplies that come under reverse charge
2 Activities that do not come under the supply of goods or services Examples of such activities are the sale of a
building or land funeral services and services provided by an employee
3 Businesses that make non-GST non-taxable supplies Examples are aviation turbine fuel electricity natural
gas high-speed diesel and petrol
4 Businesses that make exempt nil-rated supplies
5 Businesses that fall under the threshold exemption limit
6 Agriculturists
ICSI-NIRC Newsletter I July 2021 42
SrNo Period RsInCrore
1 May 2021 102709
2 April 2021 141384
3 March 2021 123902
4 Feb 2021 113143
5 January 2021 119843
Conclusion
The enforcement of GST has brought in a very transparent system to the country that is also corruption-free The
beneits are far-reaching and are not only business-friendly but consumer-friendly as well This system of taxation has
placed the country well in international trade The Indian market is far more stable now than it ever was With the
application of GST India is in a much better position in the international markets which has positively affected the
economy
GSTndashAhistoricalperspective
Taxes are the prime component of development of any country The revenue from taxation is applied to inance public
goods and services such as infrastructure sanitation transportation and all other amenities which are provided by the
Government to its citizens A tax is a none penal yet compulsory transfer of resources from the private to the public
sector levied on a basis of predetermined criteria and without reference to speciied beneit received
Taxes in India used to be levied by multiple agencies such as Central Government State Governments and some local
authorities such as municipalities There are two types of taxes which are levied in India vizDirect Tax which is levied
directly to an individuals income in the form of Income Tax and Indirect Tax that is paid indirectly by the inal consumer
of goods and services
The source of powers to legislate laws in India is the Constitution of India and the authority to levy a tax is derived from
the Constitution of India which allocates the power to levy various taxes between the Centre and the States Previously
the Centre had the powers to levy tax on the manufacture of goods (except alcoholic liquor for human consumption
opium narcotics etc) while the States had the powers to levy tax on the sale of goods In the case of inter-state sale the
Centre had the power to levy a tax (CST) but the tax was collected and retained entirely by the states As for services it
was the Centre that was empowered to levy service tax
In a nutshell the previous indirect tax regime can be looked at from the point of view of Central and State laws For the
Central Government Central Excise Customs and Service Tax were the three main components For the State
Governments Value Added Tax (VAT) and CST were major taxes along with octroi entertainment tax etc which were in
many cases administered by the local bodies
VATndashThefirststeptowardsIndirectTaxReform
stIntroduction of VAT from 1 April 2005 was considered to be a major step and important breakthrough in the sphere of
indirect tax reform in India Though VAT was a successful move there were certain short-comings in the structure of
VAT This was mainly due to the form of mosaic of taxes being levied on goods and services such as luxury tax
entertainment tax etc not subsumed in the VAT thereby marginalizing the beneits comprehensive tax credit
mechanism The forms of CENVAT and State VAT were remained ineficient in fully removing the cascading effect of
taxes Such taxes added to the cost of goods and services through ldquotax on taxrdquo which the inal consumer has to bear
Variable rates under Excise Duty coupled with multiple valuation systems and various exemptions challenged the VAT
system further A business establishment having ofices in different States was required to follow the laws of the
respective states
ARTICLE
ICSI-NIRC Newsletter I July 2021 43
GOODS AND SERVICES TAX (GST)Culmination of ldquoOne Nation
One Taxrdquo ConceptCS Piyush Jain ACS
jainpiyush692gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
ChallengesofVATsystem
CENVAT was conined to the manufacturing stage and did not extend to the distribution chain beyond the factory gate
Because of this CENVAT paid on goods could not be adjusted against State VAT payable on subsequent sale of goods
This was the position for CENVAT collected on domestically produced goods and that collected as additional duty of
Customs on imported goods Whereas input tax credit of CENVAT or additional duty of custom was available to service
providers paying service tax they were unable to neutralize the State VAT or other state taxes paid on their purchase of
goods State VAT was payable on the value of goods inclusive of CENVAT and thus the VAT liability of a dealer used to get
inlated by this component without beneit of set off Inter state sale of goods attracted CST levied by the Centre and
collected by states This was an origin based tax and could not be set off against VAT in many situations VAT dealers
were unable to set off Service Tax that they had paid on their procurement of taxable input services
GSTndashthemostsigniicantindirecttaxreforminIndia
In order to address the above challenges of VAT GST was thought upon deliberated and brought in as a signiicant
improvement in the indirect tax regime at national as well as state level GST is one of the signiicant taxation reforms in
India aiming to integrate state economics and boost overall growth by creating a single uniied Indian market to make
the economy stronger
GST is consumption or destination based tax levied on goods and services at national level based on ldquoDestination
Principlerdquo It covers both goods and services and be collected on value added at each stage of the supply chain GST paid
on the procurement of goods and services can be set off against that payable on supply of goods or services GSTs prime
aim is to consolidate multiple Indirect tax levies into a single tax thus subsuming an array of tax levies overcoming the
limitations of VAT and creating eficiencies in tax administration To put it straight GST is not simply VAT plus Service
Tax but a major improvement over existing system of VAT and disjointed Service Tax ushering in the possibility of a
collective gain for industries trade and common consumers as well as for the Central and State Governments
Major Acts subsumed under GST are Excise State VAT laws Service Tax Octroi Entry tax etc
GSTndashAFlashback
In July 2000 the Government of India had set up an empowered Committee of some of the State Finance Taxation
Ministers as members with the objectives of implementation of a uniform loor rate of sale tax by States and UTs phasing
out of Sales Tax based incentive scheme to decide milestones and methods of states to switch over to VAT and to monitor
reforms in the Central Sales Tax system existing in the CountryThe Honble Union Finance Minister in the Central budget
for the year 2007-08 announced that GST would be introduced with effect from 01042010 This was based on the
recommendations of The Kelkar Task Force on indirect taxes However the deadline of April 2010 could not be met
because of the intricacies involved in the GST regime including amendment to the Constitution to give concurrent taxing
powers to the Union and State Governments
A non-Government not for proit private limited company was incorporated in the name of Goods and Services Tax
Network (GSTN) as special purpose vehicle to provide IT infrastructure and services to all the stakeholders including
Governments for implementation of GST The Constitution Amendment Bill introduced in the Lok Sabha in December
2014 was passed in May 2015 which was referred to Select Committee of Rajya Sabha The Bill was passed in August
2016 The Bill was adopted by majority of State legislatures The Bill got the assent of Honble President of India on th8 September 2016 Subsequently in April 2017 four Bills were passed by the Parliament on GST to give effect to the
stproposed system of indirect taxation The Acts came into effect from 1 July 2017
ICSI-NIRC Newsletter I July 2021 44
ARTICLE
GST-RatesandReturns
There are three types of taxes applicable under the GST regime viz CGST collected by the Central Governments on intra-
state sale SGST collected by State Governments on intra-state sale and IGST collected by the Central Government for
inter state sale GST is divided into ive different tax slabs ndash 0 5 12 18 and 28 Petroleum products alcoholic
drinks and electricity are not taxed under GST and continued to be taxed separately by the State Governments as before
In addition a Cess over and above 28 is applied on few luxury items Pre-GST tax rate for most goods was about 265
Post GST most goods fall in 18 bracket of tax rate
The Central Government in July 2017 introduced three returns for GST ie
middot GSTR-1 related to outward supply
middot GSTR-2 related to inward supply
middot GSTR-3 consolidated return including details of GSTR-1 amp 2
With a view to simplify compliances the Government scrapped GSTR-2 and 3 and introduced GSTR-3B which contains
details of inward outward supplies As a result presently only 2 returns viz GSTR-1 and GSTR-3B are iled The returns th th
are to be iled on 10 20 of the following month of GST liability
Regular taxpayers with an annual turnover of upto Rs5 crore are given an option to either pay tax and ile both GSTR-1
and GSTR-3B returns on quarterly basis or to avail an Invoice Furnishing Facility (IFF) under QRMP Scheme ie ile
GSTR-3B on quarterly basis and pay tax and ile IFF every month Taxpayers with an annual turnover of more than Rs 5
crore have to mandatorily ile both returns and pay tax on monthly basis
Further every GST registered taxable person whose turnover during a inancial year exceeds Rs 2 crore has to ile GSTR-st9 till 31 December of the next Financial Year
E-invoicingunderGST
GST was a new concept to the citizens and even to the Government itself The idea behind the introduction of GST
became successful in subsuming various indirect taxes and ease of compliance burden but it also opened gates for new
kinds of frauds by inding loopholes in the system and misusing the opportunities extended by the Government to its
citizens for their economic prosperity Tax leakage and frauds using fake invoices became a taxing problem for the
Government to counter The concept of E-invoicing was introduced in 2020to put an end to such malpractices by
mandating authorisation of every invoice from the Government portal
Under E-invoicing all B2B and Export invoices need to be generated through the Government system ie the Invoice
Registration Portal (IRP) After uploading invoice on IRP an E-invoice is generated which containsa unique Invoice
Reference Number (IRN) and a digitally signed QR code Once an IRN is generated and invoice has been authenticated its
details are made available on the GST portal and EWB portal in real-time The E-invoice can be cancelled within 24 hrs of
generation
E-invoicing was initially applicable tothose businesses exceeding turnover of Rs 500 crore which wasscaled down to
Rs 100 crore within two months Presently from April 2021 it is mandatory for every business with a turnover of more
than Rs50 crores
Its implementation has beneited the Government in plugging the tax leakage It also bridges the gaps in reconciliation
of mismatch invoices faster availability of genuine Input Tax Credit and lesser possibility of intervention by tax
authorities
ICSI-NIRC Newsletter I July 2021 45
ARTICLE
ReverseChargeMechanism
Reverse charge means the liability to pay tax is on the recipient of goods or services instead of the supplier of such goods
or services in respect of notiied categories of supply of goods of services Normally the supplier of goods or services
pays the tax on supply In the case of reverse charge the receiver becomes liable to pay tax ie the chargeability gets
reversed The person who is receiving goods or services pays GST to the Government on behalf of the person who
provides such goods or services and in turn can claim Input Tax Credit if the goods or services received are not in
negative list
ElectronicWayBill
For intra-state interstate movement of goods e-way bill system has been introduced E-way bill is required to be
generated before the commencement of movement of goods only where the value of the consignment exceeds
Rs50000 The time period for the recipient to communicate his acceptance or rejection of the consignment would be
the validity period of the concerned e-way bill or 72 hours whichever is earlier E-way bill is valid for one day up to 100
km and additional one day for every 100 km or part thereafter Form GST EWB ndash 01 is an e-way bill form It contains ldquoPart
Ardquo ie details of goods and ldquoPart Brdquo ie details of vehicle Movement of goods from the place of consigner to the place of
transporter up to a distance of 50 km does not require illing of Part B of the e-way bill The Supplier has to generate Part
A of the e-way bill Implementation of the nation wide E-Way Bill mechanism under GST regime is being done by GSTN in
association with NIC on the portal viz hpsewaybillgstgovin
GSTndashaWorkinProgress
GST one of the steps towards digitisation proved to be a revolutionary tax system for India It has boosted the economy
of the Country by eliminating the drawbacks of the VAT System automation system of tax calculation and enabling
online payment of tax and iling returns which has resulted in the growth of the revenue collection of the Government
Transporting goods from one state to another has become a smoother affair with GST replacing a messy basket of
Central Municipal and State levies Though 4 years have passed since the introduction of the GST regime hiccups and
bottlenecks continue to crop up This could be narrowed down by simplifying rules and procedures GST still being a
work-in progress needs to go a long way to achieve the objective of ldquoOne Nation One Taxrdquo concept
RecognitionofCompanySecretaryunderGoodsandServiceTax
Company Secretaries as competent professionals in the area of Indirect Taxes can get hold of plethora of opportunities
under the Goods and Services Tax Company Secretaries could act as a crucial link to bridge the knowledge gap leading
to fair and voluntary compliance of law and rightful discharge of tax liability by assesses As the gamut of Indirect Tax
expands an ocean of opportunities are being unfolded in front of us The Act itself in Section 48 reads with Rule 83 of the
Central Goods and Services Tax Rules 2017 provides that any person who has passed the Final Examination of the
Institute of Company Secretaries of India (ICSI) is eligible for enrolment as a Goods amp Services Tax Practitioner Such a
person can apply in Form GST PCT-01 on the common portal either directly or through a Facilitation Centre notiied by
the Commissioner for enrolment for registration Further Under Section 116 of Central Goods amp Services Tax Act 2017
read with Rule 84 of the said Rules a Company Secretary is entitled to appear before an oficer appointed under this Act
or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act Apart from this
Company Secretories a responsible oficer in most of the companies get entrusted with responsibilities under GST
ambit and paves the way for strategic thinking for the business development They are well connected with all the
segments right from strategy marketing compliances administration and so on This diversiication of areas of
responsibility will open up more opportunities of career growth for Company Secretaries even to reach at the top
management level
ICSI-NIRC Newsletter I July 2021 46
Goods and Service Tax is an Indirect Tax which has replaced many indirect taxes in India such as the Excise Duty Vat th st
Services Tax etc The Goods and Service Tax was passed in the Parliament on 29 March 2017 and came into effect on 1
July 2017Goods and Service Tax is levied on the supply of Goods and services Goods and Services Tax Law in India is a
comprehensive multi-stage destination-based tax that is levied on everyvaluableadditionGST is a single domestic
indirect tax law for the entire nation The structure of indirect levy in India before the arrival of GST was
ARTICLE
ICSI-NIRC Newsletter I July 2021 47
GOODS AND SERVICES TAX (GST)what is gst in india
CS Ashvini Mohan Dhuri ACS
ashwinidhuri10gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
Under the GST Regime the tax is levied at every point of sale In the case of intra-state sales central GST and State GST are
charged All the inter-state sales are chargeable to the Integrated GST
AMulti-Stage
middot An item goes through multiple change of hands along its supply chain starting from Manufacture until the Final
sale to the customer like the following
- Purchase of raw materials
- Production or manufacture
- Warehousing of inished goods
- Selling to wholesalers
- Sale of the product to the retailers
- Selling to the end consumers
- The Goods and Services Tax is levied on each of these stages making it a Multi- Stage Tax
ARTICLE
BValueAddition(VA)
ICSI-NIRC Newsletter I July 2021 48
bull A manufacturer who makes biscuits buys lour sugar and other material The value of the inputs increases
when the sugar and lour are mixed and baked into biscuits
bull The manufacturer then sells these biscuits to the warehousing agent who packs large quantities of biscuits in
cartons and labels it This is another addition of value to the biscuits After this the warehousing agent sells it to
the retailer
bull The retailer packages the biscuits in smaller quantities and invests in the marketing of the biscuits thus
increasing its value GST is levied on these value additions ie The monetary value added at each stage to
achieve the inal sale to the end customer
CDestination-Based
Consider goods manufactured in Maharashtra and sold to the inal consumer in Karnataka Since the goods and Service
Tax is levied at the point of consumption the entire tax revenue will go to Karnataka and not Maharashtra
JourneyofGSTinIndia
The GST journey began in the year 2000 when a committee was set up to draft law It took 17 long years from then for the
law to come into existence In 2017 the GST Bill was passed in the Lok Sabha and Rajya Sabha On 1stJuly 2017 the GST
Law came into force
AdvancesofGST
bull Removal of Cascading effect
bull Higher Threshold for GST registration
bull Composition scheme for all small businesses
bull Simpler online facilities for GST compliance
bull Relatively lesser compliances under GST
bull Deined treatment for E-Commerce activities
bull Increased eficiency in logistics
bull Regulating the unorganized sectors
ComponentsofGST
bull CGST CGST is a tax levied on Intra State supplies of both goods and services by the Central Government and will be
governed by the CGST Act
bull SGST SGST is a tax levied on Intra State supplies of both goods and services by the State Government and will be
governed by the SGST Act
bull IGST IGST is a tax levied on all Inter-State supplies of goods andor services and will be governed by the IGST
ARTICLE
Illustration
Let us assume that a dealer in Gujarat had sold the goods to a dealer in Punjab worth Rs 50000 The tax rate is 18
comprising of only IGST Here the dealer has to charge IGST of Rs 9000 This revenue shall go to the Central Government
The same dealer of Gujarat sells goods to a consumer in Gujarat worth Rs 50000The GST rate on goods is 12 This rate
comprises CGST at 6 and SGST at 6The dealer has to collect Rs6000 as Goods and Service Tax Rs 3000 will go to the
Central Government and Rs3000 will go to the Gujarat Government since the sale is within the State
TaxLawsbeforeGST
In the earlier indirect tax regime there were many indirect taxes levied by both the state and the centre States mainly
collected taxes in the form of Value Added Tax (VAT) Every state had a different set of rules and regulations Inter-state
sale of goods was taxed by the centre CST (Central State Tax) was applicable in case of inter-state sale of goods The
indirect taxes such as the entertainment tax octroi and local tax were levied together by state and centre These led to a
lot of overlapping of taxes levied by both the state and the centre For example when goods were manufactured and sold
excise duty was charged by the centre Over and above the excise duty VAT was also charged by the state It led to a tax on
tax effect also known as the cascading effect of taxes The following is the list of indirect taxes in the pre-GST regime
middot Central Excise Duty
middot Duties of Excise
middot Additional Duties of Excise
middot Additional Duties of Customs
middot Special Additional Duty of Customs
middot Cess
middot State VAT
middot Central Sales Tax
middot Purchase Tax
middot Luxury Tax
middot Entertainment Tax
middot Entry Tax
middot Taxes on advertisements
middot Taxes on lotteries betting and gambling
CGST SGST and IGST have replaced all the above taxes
ICSI-NIRC Newsletter I July 2021 49
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST+ SGST VAT + Central
Excise Service Tax
Revenue to be shared equally between Centre and the
State
Sale to another State IGST Central Sales Tax +
excise Service Tax
There will be only one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
ARTICLE
HowhasGSThelpedinPriceReduction
During the pre-GST regime every purchaser including the inal consumer paid tax on tax This condition of tax on tax is
known as the cascading effect of taxesGST has removed the cascading effect Tax is calculated only on the value-addition
at each stage of the transfer of ownership The indirect tax system under GST will integrate the country with a uniform
tax rate It will improve the collection of taxes as well as boost the development of the Indian economy by removing the
indirect tax barriers between states
Illustration
Based on the above example of the biscuit manufacturer lets take some actual igures to see what happens to the cost of
goods and the taxes by comparing the earlier GST regimes
Taxcalculationsinearlierregime
ICSI-NIRC Newsletter I July 2021 50
Action Cost(Rs) Taxrateat10(Rs) InvoiceTotal(Rs)
Manufacturer 1000 100 1100
Warehouse adds a label and
repacks at Rs300
1400 140 1540
Retailer advertises at Rs 500 2040 204 2244
Total 1800 444 2244
The tax liability was passed on at every stage of the transaction and the inal liability comes to a rest with the customer
This condition is known as the cascading effect of taxes and the value of the item keeps increasing every time this
happens
Taxcalculationsincurrentregime
Action Cost(Rs) Taxrateat10(Rs)
Taxliabilitytobedeposited(Rs)
InvoiceTotal(Rs)
Manufacturer 1000 100 100 1100
Warehouse adds a label and
repacks at Rs300
1300 130 30 1430
Retailer advertises at Rs 500 1800 180 50 1980
Total 1800 180 1980
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
ARTICLE
WhataretheNewCompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
1E-WayBills
GST introduced a centralized system of waybills by the introduction of ldquoE-way billsrdquo This system was launched on 1st
April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of goods in a staggered
manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods transported
from the place of its origin to its destination on a common portal with ease Tax authorities are also beneited as this
system has reduced time at check -posts and helps reduce tax evasion
2E-invoicing
The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual aggregate turnover of
more than Rs500 crores in any preceding inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100 crores These businesses must obtain a
unique invoice reference number for every business-to-business invoice by uploading on the GSTNs invoice
registration portal The portal veriies the correctness and genuineness of the invoice Thereafter it authorizes using the
digital signature along with a QR code E-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to the GST portal and the e-way bill portal It
will therefore eliminate the requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way
bills too
3ChangeinRegistrationLimit
Increase in GST registration limit from Rs 20 lakhs up to Rs 40 lakhs for suppliers of goods Changes in the existing
composition scheme made by increasing the turnover limit to join the scheme up to Rs 15 crores tax payments to be
made quarterly and returns to be iled annually starting 1st April 2019
4Variousotheramendments
43rd GST Council meeting will take place on 28th May 2021 (Friday) at 11 AM via video conferencing and will be
chaired by Union FM Nirmala Sitharaman
middot Section 16 amended to allow taxpayers claim of input tax credit based on GSTR-2A and 2B Henceforth ITC on
invoices and debit notes may be availed only when the details of such invoice or debit note have been furnished
by the supplier in the statement of outward supplies and such details have been communicated to the recipient
of such invoice or debit note
middot Section 50 of the CGST Act is being amended to provide for a retrospective charge of interest on net cash liability
with effect from 1st July 2017
middot With respect to orders received on detention and seizure of goods and conveyance 25 of penalty needs to be
paid for making an application for appeals under section 107 of the CGST Act Date of applicability is yet to be
notiied
ICSI-NIRC Newsletter I July 2021 51
ARTICLE
middot GST audit requirement by speciic professionals such as CAs and CMAs has been removed from the GST law
Section 35 and 44 has been amended in this regard As per the amendment only GSTR-9 annual returns on a self-
certiication basis need to be iled on the GST portal by taxpayers completely removing the requirement for
GSTR-9C ie the reconciliation statement However the inancial year and date of applicability are yet to be
clariied by the government
middot Section 7 of the CGST Act was amended to include a new clause under the deinition of supply Activities or
transactions involving the supply of goods or services by any person other than an individual to its members or
constituents or vice-versa for cash deferred payment or other valuable consideration falls under supply and
will be liable to tax Earlier this supply would have been considered as only supply of goods under schedule II So
the scope is expanded now for levy
middot Seizure and coniscation of goods and conveyances in transit are now made a separate proceeding from the
recovery of tax from Section 74
middot Self-assessed tax referred to under section 75 of the CGST Act shall also cover the outward suppliessales as
reported in the GSTR-1 under Section 37 of the CGST Act but which has been missed out while reporting in the
GSTR-3B under Section 39
middot The provisional attachment shall remain valid for the entire period starting from the initiation of any proceeding
till the expiry of a period of one year from the date of order made there under
middot Section 129 is delinked from Section 130 Accordingly proceedings relating to detention seizure and release of
goods and conveyances in transit will be separate from the levy of penalty for the coniscation of goods and
conveyance
middot The Jurisdictional Commissioner can now call for information from any person relating to any matter dealt with
in connection with the Act under Section 151 together with section 168 Further section 152 is amended to
provide an opportunity of being heard before using information obtained under Sections 150 or 151 of the Act
middot The IGST Act was also amended in Section 16 that deines a zero-rated supply Three amendments were made ndash
(1) To state that supply to SEZ units developers will be zero-rated only if it is authorized operations (2) Only
notiied persons or supplies of goodsservices can avail the status of zero-rated when IGST is paid (3) Foreign
exchange remittance will be linked in case of export of goods with the refund
ICSI-NIRC Newsletter I July 2021 52
ThePerspectivest thOn 1 July 2021 our beloved and most controversial Goods and Service tax Act will be celebrating its 4 Birthday The 3
Major Motive for introducing GST were One nation One Tax Ease of compliances and Seamless Flow of credit to
eliminate the cascading effect of the Taxes In these 4 years GST has undergone more than 900 amendments through
Notiications Circulars and Press Release There has been Chronic Tinkering and twisting of the provisions and as a
result of that the provisions which are currently in force are completely different from the one which were introduced in
the beginning
WhatisGST
Goods and Services Tax is levied on the manufacturing and sales of goods and services across the country The tax is
charged at every stage of the manufacturing process GST is applicable for both the customer and the manufacturer It is a
destination-based tax This means that GST is to be collected at the point of consumption So if a product is
manufactured in Bihar and is sold in Bhopal the tax will be levied in Bhopal Moreover at every stage of the
manufacturing process where value is added to the product GST is collected
Introduced as one of the biggest economic reforms by the BJP-led Modi government the GST kicked off with the promise
to streamline taxation and compliance burden Experts also claimed that in many ways it has streamlined the process
ldquoBased on the one nation one tax ideology GST has helped in reducing the cascading effect of tax considerably Also
multiplicity of compliances under various indirect taxes has been reduced Hence introduction of GST in India has
brought in eficiencies in indirect tax compliance incidence and reduced the number of indirect tax authorities that a
taxpayer needed to interact with
EffectofGSTontheIndianeconomy
In a few months Goods and Services Tax law in India will celebrate its fourth birthday This could be a good time to raise
the question whether GST has been a success in India Responses to this question normally swing between two extremes
- the government and the tax department would say that GST has been an unqualiied success while the taxpayer who
has struggled to cope with the rapid changes in the law would say that GST has been a disaster As is normally the case
with such extremities the truth lies in the middle GST has its good points and its poor points with the latter winning
over the former Had the implementation been more smooth the poor points would have been overshadowed by the
good parts of GST
The introduction of GST has helped merge the taxes of the state and central governments This has helped remove the
cascading effect of multiple taxes Therefore the burden of taxes has reduced for companies and customers Not just this
taxpayers have increased in number and hence the tax revenues have also increased signiicantly Over the last year or
so two developments in GST should be considered to be huge positives
ARTICLE
ICSI-NIRC Newsletter I July 2021 53
GST ndash Impact Issuesand Suggestions
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS (Dr) S K Gupta FCS
cbstskguptagmailcom
ARTICLE
The concept of e-invoicing has been introduced in stages ndash this is a step that would ensure greater transparency in
supplier-receiver transactions which results in proper availment and utilization of input tax credit Simultaneously the
government appears to have announced a war to ight the menace of fake invoicing which was taking away a substantial
portion of GST revenues
The implementation of GST has signiicantly affected the Indian economy in the following ways
middot SimpliicationofthetaxstructureGST has simpliied the taxation system of the country As GST is a single tax
calculating taxes at the multiple stages of the supply chain has become easier Through this both customers and
manufacturers get a clear idea of the amount of tax they are charged and its basis Further hassles of handling tax
oficials and authorities can also be avoided
middot FosteringproductionAs per the Indian retail industry the total tax component is around 30 of the product
cost Due to the impact of GST the taxes have gone down So the end consumer has to pay lesser taxes The
reduced burden of taxes has enhanced the production and growth of the retail and other industries
middot SMEsupport Small and medium enterprises can now register under the Composition Scheme introduced by
GST Through this scheme they pay taxes according to their annual turnover Therefore businesses having an
annual turnover of Rs 15 crores only have to pay 1 GST Moreover other enterprises having a turnover of Rs
50 lakh are required to pay 6 as GST
middot EnhancedpanIndiaoperations Companies can now avoid taxation roadblocks such as toll plazas and check
posts Earlier these created problems including damage to unpreserved products while transporting them So
manufacturers had to keep buffer stock to make up for the damages These overhead costs of storing and
warehousing hampered their proit A single taxation system has reduced these problems They can now
transport their goods easily across India This has resulted in the improvement of their pan India operations
middot Increaseinexports GST has reduced the customs duty on exporting goods The cost of production in the local
markets has also decreased due to GST All these factors have increased the rate of exports in the country
Companies have become more competitive when it comes to expanding their businesses globally
middot Thegoods and services tax (GST)has ensured formalizationof the economy and improved mop-up
delivering seamless convergence under the one-nation one tax theme said industry champions unanimously
calling it an enabler of ease of doing business With uniformity of rates and elimination of multiple other indirect
taxes GST has cut out the cascading of levies widened the tax net and added to revenues
IssuesunderGST
middot Dificulty in claiming input tax credit and ever changing rules make compliance a cumbersome businessldquoInput
Tax Credit (ITC) is an area which has certain limitations that need to be addressed The GST regime sought to
have a seamless low of ITC however conditions for availing ITC being stringent many taxpayers lost out on ITC
middot Taxpayers are also complaining about the imposing an arbitrary monetary limit on availing input tax credit
through Rule 36(4) and mandating that a certain percentage of GST has to be paid in cash
middot The nationwide lockdown has intensiied the problem of revenue shortfall for states with the Centre not paying
up the dues on time Also with coffers drying up and with social and health spending going up states are growing
disenchanted with the system
middot The meetings of the GST Council are not as frequent as they were earlier if the recent incidents are anything to go
by and it often end up with disagreement ight and strong letters and statements
ICSI-NIRC Newsletter I July 2021 54
ARTICLE
middot The core theme of the one nation one tax slogan seems to be diluted with the introduction of state-level cesses
for example Kerala Flood cess at the rate of up to 1
middot Challenges for the exporters for smooth processing of GST refunds have been an area of concern while the
government has taken several initiatives for speedy processing of refunds the beneit is taking time to percolate
to corporates effectively
middot With the advent of GST various petitions seeking release of detained goods and hardships faced due to technical
glitches have been iled Moreover the constitutional validity of some of the GST provisions have been contested
before the courts It cannot be denied that AAR authorities have helped to clarify several controversial issues
However contradictory rulings on identical matters should be addressed soon
middot The announcement that a GST reconciliation statement need not be certiied by an auditor could have probably
waited for a couple of years more since the department would need some authentic database on what
components of the revenue statement would attract GST ndash a task best left to the auditor of the entity
middot We all know that in GST there will be the lot of litigations coming in near future and we all know the reason In
this 4 years GST has become more prone to litigation Even for simple revocation of cancellation of registration
after the prescribed days the taxpayer has to ile the appeal So we can presume the litigations that are going to
happen in near future
SuggestionsforimprovingeffectivenessofGST
middot There is an invariable need to put a halt on the changes in tax rates and decide the rate structure that is static for a
few years Adding on to that increasing the tax rates is not an ideal solution for grabbing more revenue especially
in the era of an economic slowdown In short there is a need for a simpliied tax structure of only three tax slabs
Either we need to merge 12 amp 18 or 5 amp 12 slabs into one
middot Some goods amp services like electricity real estate and petroleum are out of GST structure As they are out of GST
bracket the input tax credit beneits cannot be utilized by the segments involved in the process and so it is a loss
for them In addition these sectors are out of the indirect tax system at the mercy of state government Some
sectors such as oil and gas are demanding to be included in the GST Even experts suggest that the right way to
implement GST is to put all the sectors under the bracket of GST but it would take some time to implement the
required tweaks to the system
middot Exempt supplies must not form part of ldquoaggregate turnover‟ to determine threshold limit for taking registration
in GST It must be excluded from the Aggregate Turnover The threshold limit of 20 Lakhs more will be signiicant
for SMEMSME sector This will enable a small taxpayer having majorly exempt supplies with only a small
portion of taxable supplies to remain out of the net of GST
middot The current composition scheme is applicable only for manufacturers traders and restaurant service providers
In the GST amendments it has been proposed by the GST Council to enable registered manufacturers and
traders to opt for composition scheme us 10(1) of the CGST Act even if they supply services of value not
exceeding 10 of the turnover in the preceding FY in a StateUnion territory or Rs 5 lakhs whichever is higher
The beneit of composition scheme must be extended to other service providers by providing certain percentage
or ceiling for inter-state outward supplies of goods for the beneit of SMEMSME sector in true sense Presently
a person opting for composition scheme is not allowed to make any inter-state outward supply of goods which is
creating a bottle neck for small sector
ICSI-NIRC Newsletter I July 2021 55
ARTICLE
middot A suitable clariication is required with regard to the deinition of ldquoagent‟ under Section 2(5) (vii) of Section 24
of CGST Actas it covers only those persons who supply taxable goods on behalf of any other person ie
consignment agents Clarity on Compulsory Registration for ldquoagentsrdquo is only conined to consignment agents
Controversy whether the commission agents or brokers who merely facilitate a transaction between two parties
like procuring orders etc are also debarred from the beneit of threshold limits of registration ie Rs 20 Lac
middot As part of ICT the government should promote the usage of Point of Sales (PoS) machines which are closely
integrated with the Inventory Invoicing and GST Returns iling This will ease the reporting compliance as the
small traders are inding it dificult for tracking and maintaining inventory based on HSN codes Subsidy may be
given for procurement of such PoS machines so that it will increase the return iling ratio and also minimize the
digital transactions which has increased during the demonetization period but the same started falling and
reaching lower levels than the pre-demonetization period
middot IGST credit to be restricted only on import of raw materials - Manufacturers of India must be incentivized in
comparison to their position with traders of imported inished goods IGST credit on imports should be
restricted only to the manufacturer of imported raw materials Import of Finished goods must not be allowed
par beneit of credit of IGST to the trader of imported inished goods This will make the position of
manufacturers wiser and encouraging as compared to importers This will boost Make in India and promote
domestic manufacturers
middot Taking into consideration the rigorous procedure involved in Advance Ruling provisions iling of application on
behalf of association representing its members in a State may be permitted This will beneit small taxpayers not
being able to adopt this route for seeking certainty of their GST issues Such application can be accompanied
with list of all the members with their GSTIN on whom such ruling shall be applicable
middot If the MSME taxpayers pays the taxes promptly and also iles the returns in time there should be a certain
percentage of the amount of tax paid should be rewarded back This will prompt the taxpayers to be honest and
take the incentive This amount should be declared or given after the audit assessment so that undue beneit
will not be passed on the taxpayers Also region wise such taxpayers should be honored this will also motivate
others to pay taxes upfront
Conclusion
This is the third consecutive year India has made waves on the Doing Business ranking India improved on six of ten
parameters set by the World Bank as against eight last year becoming among top ten improvers for the second time in a
row This year alone India has moved up by a phenomenal 14 spots on the Doing Business Index a feat achieved by most
countries over a 20 year period Finance Minister Nirmala Sitharaman has spoken of the Governments keen interest in
improving rankings and keeping that goal in mind they are prepared to implement all sorts of reforms - especially under
GST and GST Compliance
ICSI-NIRC Newsletter I July 2021 56
stOn 1 July 2021 our beloved Goods and Service tax Act will be celebrating its 4th Birthday GST was introduced for 3
major purposes as One nation One tax ease of compliances and seamless low of credits to remove the cascading effects
of the taxes However in the last 4 years GST is reshaping itself by more than 900 amendments through Notiications
Circulars and Press release accordingly we can say it is changing day by day In this article author has discussed the topic
of ldquoE-way Bill under Goods and Services Tax (GST)rdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 57
E-way Bill under Goodsand Services Tax (GST)
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Sandeep Singh Chauhan ACS
sandy673711gmailcom
WhatisE-wayBill
E-way bill is an electronic permit or electronic generated document for movement of goods from one place to another
place which is to be generated on the E-way bill portal ie on wwwewaybillgstgovin
Earlier before the introduction of GST there was no concept of electronic way bill However the need to have check and
balances in the present has been felt necessary to discourage the parallel economy Introduction of E-way Bill in India
has been effected for inter-State movement of goods across the country from 1st April 2018 and on notiied dates by
respective State Government for intra state movements
WhenshouldE-wayBillbegenerated
If the value of goods of consignment is more than Rs 50000- except for certain speciied goods meant for Job work
goods meant for export with Customs seal from factory to Port airport ICD imported goods goods sent on approval
basis exhibition or fairs purposes removal for testing removal from factory to weighbridge for weighment of goods
and back to factory up to 20 kms inward supply from unregistered person SKD CKD Sales return For own use and
exempted goods
ARTICLE
ICSI-NIRC Newsletter I July 2021 58
Accordingly E-way Bill shall mandatorily generated on the common portal for all types of movements if the value of
goods exceeds more than Rs 50000- however E-way Bill needs to be generated mandatory even if the value of
consignment of goods is less than Rs 50000 where ndash
1 Movement of goods in inter-state by principal to the Job-worker
2 Handicraft goods are transported from one State or Union territory to another State or Union territory by a
person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of
section 24 of the CGST Act
Here the term Consignment Value means value determined as per section 15 of the CGST Act as mentioned on the
invoice bill of supply or delivery challan as the case may be including the applicable tax thereon However such
consignment value shall exclude the value of exempted supply where the invoice is issued in respect of both exempt and
taxable supply of goods (ldquoNotiicationNo122018rdquo)
WhoshouldgenerateE-wayBill
The primary responsibility to generate E-way Bill shall be of the registered person who causes the movement of goods
ie the consignor or the consignee as the case may be However if such consignor or consignee doesnt generate the
EWB it may be generated by transporter as well if authorized by the registered person In case of supply of goods by an
unregistered person to registered person the liability to generate EWB is on the recipient
As per revised Rule 138 (2) under Notiication No 122018 it has been provided that E-way Bill shall be required to be
generated in case the goods are transported by consignor or consignee in his own vehicle or in a hired one or a public
conveyance by road In such case the registered person causing the movement of goods may raise the EWB after
furnishing the vehicle no in Part B of FORM GST EWB ndash 01 if the value of goods being transported is more than
Rs50000-
Railway has been exempted from generation and carrying of e-way bill with the condition that without the production of
e-way bill railways will not deliver the goods to the recipient But railways are required to carry invoice or delivery
challan etc
ARTICLE
ICSI-NIRC Newsletter I July 2021 59
WhenE-wayBillisnotrequiredtobegenerated
In the following cases E-way Bill is not required to be generated
(i) The goods being transported are speciied in Annexure under Rule 138(14) of the Central Goods and Services Tax
Rules2017
(ii) The goods are being transported by a non-motorized conveyance
(iii) The goods are being transported from the port airport air cargo complex and land Customs Station to Inland
Container Depot or Container Freight Station ( for clearance by Customs)
(iv) The movement of goods within areas notiied under clause (d) of sub-rule (14) of the Goods and Services Tax Rules
of the Concerned State
(v) Goods ( other than de-oiled Cake) speciied in the Schedule appended to Notiication No22017-CT(Rate) dated
the 28th June2017 ie goods exempted from GST
(vi) Alcoholic liquor for human consumption petroleum crude high speed diesel motor spirit (commonly known as
petrol) natural gas or aviation turbine fuel
(vii) Goods which have been declared as no supply in Schedule III of CGST Act2017
(viii) Where the goods are being transported under Customs bond from an inland container depot or a container freight
station to a Customs port airport air cargo complex and land Customs station or from one Customs station or Customs
port to another Customs station or Customs port or under Customs supervision or under Customs seal
(ix) Where the goods being transported are transit cargo from or to Nepal or Bhutan
(x) Where the goods being transported are exempt from tax under Notiication No 72017-CT(Rate) dated 28th
June2017 as amended from time to time and Notiication No 262017-CT(Rate) dated the 21st September2017 as
amended from time to time
(xi) Any movement of goods caused by defence formation under Ministry of defence as a consignor or consignee
(xii) Where the consignor of goods is the Central Government Government of any State or a local authority for transport
of goods by rail
(xiii) Where empty cargo containers are being transported and
(xiv) Where the goods are being transported upto a distance of twenty kilometers from the place of business of the
consignor to a weighbridge for weighment or from the weighbridge back to the place of business of the said consignor
subject to condition that the movement of goods is accompanied by a delivery challan issued in accordance with Rule 55
BlockingandUnblockingofE-wayBill
middot E-way bill generation is blocked for taxpayers who have not iled their returns for the previous two consecutive
monthsquarters
middot Thus if a taxpayer has not iled GSTR-3B for two or more consecutive months then heshe cannot generate e-
way bills to do dispatches and receive goods resulting in a standstill
middot Only when a taxpayer iles GSTR-3B the e-way bills will get unblocked on the next day
middot The system of e-way bill clocking was implemented from the 2nd of December 2019
ARTICLE
ICSI-NIRC Newsletter I July 2021 60
Forexample if a taxpayer has not iled his GSTR-3B for April 2021 and May 2021 then his GSTIN will get blocked in the
e-way bill portal from June The main intention of the government is to track down the non-ilers of GST returns and
make them compliant
WhatifE-wayisnotgenerated
If the suppliers or transporters are not generating the e-way bills the same will be considered as contravention of
statutory provisions of GST law
As per Section 122 (xiv) of the CGST Act 2019 a taxable person who transports any taxable goods without the cover of
speciied documents E-way bill shall be liable to pay a penalty of Rs 10000- or an amount equivalent to the tax
evaded
As per section 129 of CGST Act2017 where any person transports any goods or stores any goods while they are in
transit in contravention of the provisions of this Act or the rules made thereunder all such goods and conveyance used as
a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to
detention or seizure to recover applicable tax and penalty from the person transporting goods and the owner of the
goods
SomeoftheimportantjudicialpronouncementonE-wayBill
SNo CaseName IssueampSummary
1 Ms KB Enterprises Vs Asst
Commissioner State Taxes amp
Excise-2019(12) TMI 1089-
GSTAA-HP
Section 129 proceeding cannot be initiated for Minor mistake(s) in e-
way bill- The minor mistakes in Part-B of the e-way bill (error in one or
two digitscharacters of the vehicle number) will not invite detention
order and only penalty of Rs 1000- (CGST- Rs 500- amp SGST-Rs 500-)
will become due to payable
2 Godrej Consumer Products Ltd
Vs ACSTampE-Cum- GIBHP
G o d re j C o n s u m e r 1 1 - 0 2 -
2020HC-67
Typographic error in entering distance in E-way bill is minor
mistake-Due to a typographic error while generating E-way bill the
petitioner mentioned approx distance between Puducherry to Himachal
Pradesh as 20 Kilometers instead of 2000 Kilometers As a result a
validity of one day has been calculated by the E-way bill portal instead of
twenty days and the E-way bill subsequently got expired on the very next
day The consignment was intercepted on dated 15th Sep 2018 and
thereby a taxpenalty has been imposed under section 129 of
HPGSTCGST Act 2019 for contravention of Rule 138 However it was
held by the Honble HC that typographic error may be treated as a minor
one and in such case if the demand and penalty have been levied by the
proper oficer us 129 the same need to be refunded to the supplier
ARTICLE
ICSI-NIRC Newsletter I July 2021 61
3 Hindon Machinery Tools Vs
State of UP- 2019 (22) GSTL 4
(All)
ReleaseoftheseizedgoodsforwritingwrongTaxInvoiceNoonE-
way Bill- Incorrectly mentioning the number of tax invoices as tax
invoice number on E-way Bill- Prima facie there seems no discrepancy in
E-way Bill attracting seizure of goods Goods directed to be released
without insisting for a deposit of any amount and furnishing security as
GST already paid on goods
4 Daily Fresh Fruits India Private
Limited v Commissioner SGST
2020-VIL-115- KER
Detentionofgoodsonthegroundofwrongclassiicationofgoods-
The High Court quashed detention order on the ground that this was a
bona-ide case of dispute in the classiication of goods and directed
release of goods
5 Commercial Steel Company v
Assistant Commissioner of State
Tax 2020-VIL- 116-TEL
Goodscannotbedetainedjustbecausedriverhastakenadifferent
route-The High Court observed that vehicle was found at another place
does not automatically lead to any presumption that there was an
intention of evasion of tax
6 Kun Motor Co Pvt Ltd Versus
Assistant State Tax Oficer
Kerala State GST Department
Thiruvananthapuram- 2019
(21) GSTL 3 (Ker)
Incidence of Tax is on Supply andnot onnature of transport-A
person from Trivandrum goes to Pondicherry purchases a car and
entrusts it to the car dealer to transport it to Trivandrum On the way in
Kerala the oficials under the GST Act intercept the vehicle and detain
the goods for no e-way bill accompanies the consignment The High
Court held that detention of car was illegal
The 43rd GST council meeting was held on 28th May 2021 The GST Council has met after more than six months The
meetings were chaired by Finance Minister Smt Nirmala Sitharaman Union Minister of State for Finance and Corporate
Affairs Shri Anurag Thakur was also present at the meeting besides the Finance Ministers of the states and union
territories (UTs) and other senior oficers of both the Ministry of Finance and the States and UTs
rdImportantMeasurestakeninGSTinthe43 CouncilMeetingforfacilitationreliefto
taxpayers
1AnnualReturnrelatedmeasures
middot Amendment in section 35 and 44 of CGST Act 2017 has been made through Finance Act 2021 to provide for self-
certiication of reconciliation statement in FORM GSTR-9C instead of previous requirement of certiication of
such statement by a Chartered Accountant Cost Accountant The said amendment would be notiiedwith
effectfrom01082021
middot This amendment will be applicable for the Annual return for the FY2020-21
middot The formatof GSTR-9 and GSTR-9C forms for FY 2020-21 would be same as for FY 2019-20 except for some
minimal changes to give effect to the said amendment
middot Requirement of furnishing annual return in FORMGSTR-99A for FY 2020-21 has been continued to be
optional for the taxpayers with annual turnover uptoRs2crores
middot Requirement of furnishing reconciliation statement in FORMGSTR-9Cfor FY 2020-21 will also continue to be
waived for the taxpayers with annual turnover uptoRs5crores
2AmnestySchemetoproviderelieftotaxpayersregardinglatefeeforpendingreturns
middot To provide relief to the taxpayers especially smaller taxpayers from high amount of late fee on pending returns
a latefeeamnestyscheme has been brought out in respect of pending returns in FORMGSTR-3B for the tax
periods from July2017toApril2021
middot Latefeehasbeenreduced waived conditionally in respect of such pending returns in FORMGSTR3B for the
tax periods from July2017toApril2021as under -
a Late fee capped to a maximum of Rs500-(Rs 250- each for CGST amp SGST) per return for taxpayers who did
nothaveanytaxliabilityfor the said tax periods
b Late fee capped to a maximum of Rs1000-(Rs 500- each for CGST amp SGST) per return for other taxpayers
c The reduced rate of late fee would be conditional and apply only if GSTR-3B returns for these tax periods are
furnished during the period between01062021to31082021
ARTICLE
ICSI-NIRC Newsletter I July 2021 62
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
Goods andServices Tax
ARTICLE
ICSI-NIRC Newsletter I July 2021 63
3Rationalizationoflatefeeimposedundersection47oftheCGSTAct
Late fee structure under section 47 has been rationalized for prospective tax periods to give relief to smaller taxpayers
from burden of higher late fee by linking the maximum late fee with tax liability turnover of the taxpayer
middot The late fee for delay in furnishing of FORMGSTR-3BandFORMGSTR1 has been capped as below for tax
periods June 2021 QE June 2021 onward
middot Fortaxpayershavingniltaxliability in GSTR-3B or nil outward supplies in GSTR-1 the late fee has been
capped at Rs500perreturn
middot Forothertaxpayers
a) For taxpayers having Annual Aggregate Turnover (AATO) in preceding year upto Rs 15 crore late fee has
been capped to a maximum of Rs2000perreturn
b) For taxpayers having AATO in preceding year between Rs 15 crore to Rs 5 crore late fee has been capped to a
maximum of Rs5000perretrun
c) For taxpayers having AATO in preceding year above Rs 5 crores late fee has been capped to a maximum of Rs
10000perreturn
middot The late fee for delay in furnishing of FORM GSTR-4 by composition taxpayers has been capped to Rs 500 per
return if tax liability is nil in the return and Rs 2000 per return for others from FY 2021-22 onward
middot Late fee payable for delayed furnishing of FORM GSTR-7 has been reduced to Rs50- per day and has been
capped to a maximum of Rs 2000- per return for returns from the month of June 2021 onward
4Retrospectiveamendmentofsection50toprovideinterestpaymentonnetcashbasis
middot Section 112 of the Finance Act 2021 relating to retrospective amendment in section 50 of the CGST Act has been
brought into force from 01062021
middot Accordingly retrospective amendmenthas been made in Section 50of CGST Act 2017 with effect from
01072017 to provide for payment of interest on the delayed payment of tax on netcashbasis
middot This will facilitate the taxpayers and help in removing ambiguity and disputes regarding payment of interest on
gross tax basis or net cash basis
5COVIDReliefMeasuresinGSTth st st
Government has issued various notiications on 27 April 2021 1 May 2021 and 1 June 2021 providing a number of
relief measures for taxpayers in GST
sect ReductioninrateofinterestConcessional rates of interest in lieu of the normal rate of interest of 18 per
annum for delayed tax payments have been provided for the months of March April and May 2021
sect Waiverof late fee Late fee waived for speciied number of days in respect of returns in FORMGSTR-3B
furnished beyond the due date for tax periods March April and May 2021 due in the April May and June 2021
respectively
sect ExtensionofduedateofilingGSTR-1IFFGSTR-4andITC-04
sect Due date of iling FORMGSTR-1 and IFF for the month of April 2021 and May 2021 has been extended by 15
days
sect Due date of iling FORMGSTR-4 for FY 2020-21 has been extended from 30th April 2021 to 31st July 2021
sect Due date of furnishing FORMITC-04 for Jan-March 2021 quarter has been extended from 25th April 2021 to
30th June 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 64
sect Extensioninstatutorytimelimitsundersection168AoftheCGSTAct Time limit for completion of various
actions by any authority or by any person under the GST Act which falls during the period from 15th April 2021 to
th th29 June 2021 has been extended upto 30 June 2021 subject to some exceptions as speciied in the notiication
sect Otherrelaxations
bull RelaxationinaailmentofITC Rule 36(4) ie 105 cap on availment of ITC in FORMGSTR-3B to be applicable
on cumulativebasisfor period AprilMayandJune2021to be applied in the return for tax period June 2021
Otherwise rule 36(4) is applicable for each tax period
bull The iling of GSTR-3B and GSTR-1IFF by companiesusing electronic veriication code (EVC) instead of Digital
Signature Certiicate (DSC) has been enabled for the period from the 27042021to31082021
6Refundrelatedmeasures
bullFacilityforwithdrawaloftherefundclaims
bull A new form RFD-01W has been provided for iling application of withdrawal of a refund claim by
amendment in Rule 90 of CGST Rules
bull It will help the taxpayers who have iled the refund application by mistake or for wrong period or have
made any mistake omission in the refund claim to withdraw the refund application rather than to ile
appeal once the refund claim is rejected
bullExclusionoftimetakenforissuanceofdeiciencymemoforcalculatinglimitationperiodforilingafresh
refundapplicationafterremovingdeiciencies
bull Rule 90 of CGST Rules amended to exclude the time taken by tax oficer in issuing deiciency memo in
FORM RFD-03 for purpose of calculating time for iling fresh refund claim after removal of deiciencies
bull This will help taxpayers in iling such fresh refund claims after removing deiciencies without getting
time barred due to time taken for issuance of deiciencies by the tax oficers
7RelaxationsinprovisionsofblockingofE-waybills
bull Rule 138E of CGST Rules 2017 amended to provide for restriction on generation of e-way bill only in respect of
outwardmovementof goods of a registered person who has defaulted in furnishing returns for 2 months or 2
consecutive tax periods
bull Prior to this amendment the supplier was not able to generate e-way bill for supply of goods to the defaulting
recipient though there may not have been any default on the part of the supplier himself
bull Withthisamendmentissuanceofe-waybillbythecompliantsupplierwillnotbeblockedin respect of
supply made to recipient including a recipient who has defaulted in furnishing two consecutive returns This
wouldensurethatbusinessofcompliantsuppliersarenotadverselyaffected
ARTICLE
ICSI-NIRC Newsletter I July 2021 65
8FacilitiesonPortalforeasingtheprocessofilingofreturns
bull Auto-draftedstaticinputtaxcreditstatementinFORMGSTR-2B
bull This facility has been made available on the portal for monthly tax payers since August 2020
bull This facilitates the taxpayers in determining and self-assessing their available input tax credit and thus
substantially reducing time taken to ile their returns
bull Auto-populationofGSTR-3Breturn
bull GSTR-3B returns are being auto-populated since December 2020 for monthly return ilers from the
details given by the taxpayers in their FORM GSTR-1 and from the details given by their suppliers in their
FORM GSTR-1
bull An editing facility is also provided to the taxpayers enabling them to make the corrections
amendments in the auto-populated return if required
bull ThesefacilitieshasnowbeenmadeavailablefortaxpayersunderQRMPschemealso
9MeasuresrelatedtoE-Invoicing
bull E-invoicing facility has been introduced for B2B supplies wef 01102020 for the taxpayers having annual
aggregate turnover of Rs 500 crores or more in any of the preceding inancial years
bull The threshold limit for generating e-invoice has been brought down to Rs 100 crores wef 01012021 and to Rs
50 crores wef 01042021
bull FORM GSTR-1 of the taxpayer is being auto-populated on the portal from e-invoice data Besides Part-A of e-way
bill is also auto-populated from the e-invoice data This helps in reducing time and cost for iling of GSTR-01 and
for generation of e-way bills
Introduction
As the world has become a global village and technology is playing the role of disrupter the corporates governments
and regulators constantly need to embrace changes thrown by these disruptions to ensure that aspirations of all
stakeholders are realized for growth and sustenance
It is an undisputed fact that pace of technology is very fast and one technological development annexes another one or
overshadows the same in certain cases But disruptions take place certainly and these disruptions bring their own sets
of opportunities and challenges
Emergingtechlandscapes
The recent buzzwords of technology are Machine Learning (ML) Artiicial Intelligence (AI) Internet of the Things (IoT)
and Automation They lessen human intervention enhance transparency and provide data analytics of highest accuracy
and eficiency for fostering eficient decisions making The regulatory domain does not remain untouched from these
technological revolutions Several compliance processes have become automat able audit activities are becoming more
technology oriented data extraction is on real-time basis and high-quality information is available for overall good
Impactoftechnologyoncompliance
So for the profession of company secretaryship the important point is ldquowhat is impact of technologyrdquo on compliance
domain Paradigm shifts are evolving as the transformations take place Areas such as automation of board processes
audits trails process and operational eficiency quality and economy have newer dimensions due to reshape of
technology At the same time new opportunities and challenges are emerging Let us examine them briely
Opportunities
Compliance and tech learning Traditional modes of compliances are undergoing drastic changes and new tools and
apps are playing havoc It is required that a Company Secretary whether in practice or employment should be tech-savvy
though being tech-savvy does not mean to become technology expert Generic knowledge and usage of applications and
functions will sufice and there is no need to acquire hardcore programming and development knowledge
Basic understanding and usage of technological aspects involved in compliance work will help company secretaries
validate compliance tasks with reinforced transparency and eficiency Technology helps in tracking the trails be they
compliance trail audit trail or any other important business function
ARTICLE
ICSI-NIRC Newsletter I July 2021 66
Technology inCompliance
The Game ChangerCS Ajay Kumar Sharma ACS
csajaysharmayahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
More importantly Governments are becoming very strict about trails and they are instructing technology solution
providers to architect systems in such a way so that complete track of transactions right from its origination till its
relection in ultimate system including all edits is possible
An understanding of compatibility between business requirements and technology solutions will open plethora of
opportunities for Company Secretaries
The bar is already rising From computer literacy it is now tech literacy The ICSI has a major role to play for this initiative
taking into consideration requirements and growth of all stakeholders
Challenges
Prevention of frauds Though technology is providing sophisticated business solutions cases of frauds with the
involvement of technology are on the rise As the impact of transactions may be over several geographies there may be
penalties and prosecutions from multiple regulators Section 447 of the Companies Act 2013 is extremely tough on
corporate frauds Deeper penetration of technology in business systems along with tough regulatory requirements
makes it imperative on the part of compliance oficers to take extra precautions International compliances such
Sarbanes Oxley Act 2002 put additional responsibilities for US companies working across several jurisdictions
The irst mantra of compliance eficiency is Evaluate document and do it right irst time
Conclusion
To sum up technology being the game changer this is going to be the era of ldquolearn unlearn and re-learnrdquo to cope with
technological disruption Exposure to different facets of compliance in technological environment will result in positive
enrichment of all stakeholders Let global society be the biggest winner
ARTICLE
ICSI-NIRC Newsletter I July 2021 67
JourneyofGSTinIndia
We can say that introduction of GST is a roller coaster ride The GST journey began in the year 2000 when a committee
was set up to draft law The PM Atal Bihari Vajpayee formed an Empowered Committee (EC) to create a structure for GST
based on their experience in designing State VAT
In 2004 A task force concludes GST must be implemented to improve current tax structure
In 2006 Finance Minister proposes GST introduction from April 1 2010 In 2007 CST phased out and rates reduced
from 4 to 3
In 2008 The inance minister conirmed that considerable progress was being made in the preparation of the roadmap
for GST The targeted timeline for the implementation was conirmed to be 1 April 2010 EC inalises dual GST structure
to have separate levy legislation
In 2010 Project to computerise commercial taxes launched but following this the implementation of GST was pushed
by one year
In 2011 Govt put forth the Constitution Amendment Bill for the introduction of GST
In 2012 The Standing Committee starts discussion over the bill but the opposition party raise concern over the clause
279B that offers additional powers to the Centre over the GST dispute authority
In 2013 Standing Committee tables its reports on GST The panel approves the regulation with few amendments to the
provisions for the tax structure and the mechanism of resolution
In 2014 The inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in the parliament
In 2015 The GST Bill passed in Lok Sabha but not in Rajya Sabha
In 2016 The Finance Ministry published the draft model law to public for their opinions and views Also amended
Model GST law passed in Rajya Sabha also
In 2017 Four Supplementary Bills passed in Lok Sabha and approved in Parliament and by President
1 Central CST Bill
2 Integrated GST Bill
3 Union Territory GST Bill
4 GST (Compensation to States) Bill
GST Council inalizes the GST Rates and GST Rules and inally GST law came into force from 1 July 2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 68
GST - One Countryone market one tax
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Meenakshi ACS
agarwalmeenakshi75gmailcom
IntroductionofGST
GST (Goods and Services Tax) is a destination based tax on consumption of goods and services It is a destination based
Tax and proposed to be levied at all stages right from manufacture up to inal consumption with credit of taxes ie ITC
(Input Tax Credit) paid at previous stages available as setoff GST has a dual aspect with the Centre and States
simultaneously levying on a common tax base
There are three main components of GST which are
1 CGST (Central GST) Taxes collected under CGST will constitute the revenues of the Central Government
2 SGST (State GST) A collection of SGST is the revenue of the State Government
3 IGST (Integrated GST) Revenue collected under IGST is divided between Central and State Government as per the
rates speciied by the Government IGST is charged on transfer of goods and services from one state to another Import of
goods and services are also covered under IGST
Image showing subsumed of various Central and State Taxes into GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 69
Beneits of GST Registration in Business
One of the most important beneit of the move is the mitigation of double taxation or the elimination of the cascading
effect of taxation
1MitigatingCascadingeffectofTax By subsuming most of the Central and State taxes into a single tax and
by allowing a set-off of prior-stage taxes for the transactions across the entire value chain it would mitigate
the ill effects of cascading improve competitiveness and improve liquidity of the businesses
ARTICLE
ICSI-NIRC Newsletter I July 2021 70
2TechnologydrivenTax GST is largely technology driven It will reduce the human interface to a great extent and this
would lead to speedy decisions
3 FindBuoyancy inGovernmentRevenue GST is expected to bring buoyancy to the Government Revenue by
widening the tax base and improving the taxpayer compliance The reform is also expected to improve the countrys
ranking so far as the Ease of Doing Business Index is concerned It is also estimated to enhance GDP growth by 15 to
2
4LesserCompliancesandeasytofollow It simpliied the Indirect tax regime After introduction of GST all tax payer
services such as registrations returns payments etc would be available to the taxpayers onlinewhich would make
compliance easy and transparent
5UniformityofTaxRatesandTaxationprocess all tax payer services such as registrations returns payments etc
would be available to the taxpayers online which would make compliance easy and transparent
6HigherrevenuegenerationThe possibility of tax evasion is minimised completely with GST coming into action
Also GST is expected to decrease the cost of collection of tax revenues of the Governmentand will therefore lead to
Higher revenue eficiency
GSTRegistration
Under GST regime Businesses whose turnover exceeds the threshold limit (Table given below) require to register
under GST It becomes mandatory for some businesses to register mandatorily as heavy penalties will attract if business
is carry on without GST registration
GSTRegThresholdLimit
th On 10 January 2019 In 32 GST Council Meeting changes in limits of GST registration was proposed which was further
approved by CBIC and new threshold limit of GST Registration come into existence which helps to ease compliance
under GST An option was provided to States to opt for the new limits or continue the earlier ones Here is the table
showing earlier threshold limits new limits and the effective date of applicability-
AggregateTurnover RegistrationRequired Applicability
Earlier limits- For Goods amp Services
Exceeding Rs 20 Lakh Yes ndash For Normal Category States Up to March 31 2019
Exceeding Rs 10 Lakh Yes ndash For Special Category States Up to March 31 2019
New Limits- For Goods
Exceeding Rs 40 Lakh Yes ndash For Normal Category States From April 1 2019
Exceeding Rs 20 Lakh Yes ndash For Special Category States From April 1 2019
New Limits- For providing Services ndash No Change- same as earlier
ARTICLE
ICSI-NIRC Newsletter I July 2021 71
PersonsliableforGSTRegistration
ChecklistofdocumentsrequiredforGSTregistration
1 PAN of the applicant
2 Copy of Aadhaar card
3 Proof of business registration or incorporation certiicate
4 Identity of address proof of promotersdirectors with photographs
5 Bank account statement cancelled cheque showing name address and a few transactions
6 Digital Signature of authorised signatory
7 Authorisation letter or Board resolution for authorised signatory
ARTICLE
ICSI-NIRC Newsletter I July 2021 72
GSTRegistrationAadhaarVeriication
Notiication issued by CBIC (Central Board of Indirect Tax and Customs) on March 23 2020 for GST Aadhaar
authentication from April 1 2020 For ease of doing business GST registration with Aadhaar veriication required by
thnew taxpayers ndash GST Council approved in its 39 meeting All Indian citizens can take this facility except tax deductors
retrieval services and tax collectors Govt dept PSUs Local authority and statutory authority also excluded from
Aadhaar authentication Due to pandemic physical veriication is risky So its easy to get online GST Aadhaar
veriication
ProcessofGSTregistrationAadhaarveriication
Applicant need to submit Aadhaar number along with application for registration under GST and then e -verify the same
on GST Portal using authentication link which is sent to Mobile Number and E-mail ID linked to Aadhaar Enter the OTP
sent on mobile number and email id and get e- validated
In conclusion GST has been a revolutionary tax system for India Most noteworthy many experts hail it as one of the
biggest tax reforms GST certainly is beneicial for the entire population of India
ARTICLE
ICSI-NIRC Newsletter I July 2021 73
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Dhiraj Kheriwal ACS
dhirajkheriwal5gmailcom
Indias Economy -Challenges
after Covid-19
COVID-19 pandemic is a signiicant shock to economies all around the world Even the major economies like the USA
have been badly mauled with unemployment rising and a cut in economic growth The Pandemic has caused a shock for
the Indian economy as well Consumption manufacturing exports capital lows the legs on which the Indian economy
had been growing have all been impacted adversely
India came out of lockdown about 2 months back with restrictions still in many parts of the country There is no magic
quick ix or shortcut to stimulate and restart demand in an economy which is the most important key to economic
revival next to vaccine becoming available This will take time patience and continuous effort Amidst this uncertainty
what will be key to revival is how people come out of their homes how people restart their lives how will it impact
demand organically and availability of capital when businesses are ready to kick start production to service demand
Potentialgrowthhasslowed-
Indias potential growth may have slowed down by over one percentage point due to the longer-than-expected
disruption caused by COVID-19 and a modest policy response so far UBS Securities said in a report
ldquoWe estimate Indias potential growth to have slowed to 6 (from 71 YoY estimated in 2017) due to longer-than-
expected disruption caused by the pandemic balance-sheet concerns faced by economic agents (especially the inancial
sector and households)rdquo ldquoThis implies dificult economic challenges for many years to comerdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 74
It said the biggest challenge before India would be its ability to create ample employment opportunities for the rising
working-age population
ldquoWe believe India needs to grow by at least 8 YoY annually just to absorb incremental labour force with a focus on
mobilisation of resources towards manufacturing and exportsrdquo
Climatechange-
Climate change threatens Indias attempts to improve its citizens standard of living More than 600 million Indians face
a cute water shortages Bangalore and New Delhi are two of the 21 cities that could deplete their groundwater in 2020 In
July 2019 the city of Chennai ran out of groundwater Over 200000 people die from contaminated water By 2030 40
of the population will have no access to drinking water
Most of Indias rainwater falls during the four-month monsoon season It isnt captured eficiently Climate change will
increase looding from these monsoons
IncreaseinEmployment
ARTICLE
ICSI-NIRC Newsletter I July 2021 75
The depth of the slowdown in the current inancial year means that a rebound is inevitable but unemployment could
hamper the recovery process The issue of migrant workers will have an impact on the economic growth and availability
of quality workers in the post-COVID-19 world will be a challenge
India should be wary of the challenges in smooth recovery in labour markets While GDP in India was growing
employment remained stagnant and if this trend continues its another problem Without a boost in employment
households incomes will be under strain consumer sentiments will be low and the economic recovery will be sluggish
Predominanceofagriculture-
Less developed countries live mainly upon agriculture and extractive industries like mining isheries and forests
Predominance of agriculture is explained from the viewpoint of sectoral composition of national income and
occupational pattern
In India in 1950- 51 more than 55 pc of our GDP came from the agricultural sector or the so- called primary sector In
2007-08 however the contribution of this sector toward GDP came down to194 pc
Theightwillbeaboutincreasingeconomicactivity-
With the lockdown the economic activity came to a grinding halt in India from the end of March Domestic consumption
almost wiped out Pay cuts and layoffs combined with fear of spread led to lack of shopping and completely eroded
demand
While the non-discretionary spending on groceries and other essential items remained largely unscathed during the
lockdown the revival in consumption will be driven by discretionary as well as non-discretionary spending Despite the
Indian governments decision to remove most the demand scenario is expected to remain weak for most of the current
inancial year But it could make a comeback next year
And as the uncertainty surrounding income and jobs reduces economists believe that some people will be able to raise
their discretionary spending on non-essential goods during festive season and thereafter lowing into 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 76
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Abhishek Goyal FCS
abhishekcsajmergmailcom
TREATMENT OF GST ONRESTAURANT BUSINESS
Implications of GST on restaurant business makes an interesting study and is important from the point of view of GST
consulting and practicing service to be rendered by practicing Company Secretaries as GST provides a promising
practicing and consulting platform for Company Secretaries
Let us now discuss these implications in the form of questions and answers which would enable the reader to get an easy
understanding of the provisions of GST in this regard
Q1 Please explain place of supply provisions in case of restaurant business and its importance for such business
Ans As per sub section (4) of Section 12 of the IGST Act place of supply in case of restaurant business is determined on
performance basis In other words place of supply (POS) in case of restaurant service is considered on performance
basis Accordingly POS in case of restaurants shall be the place where such service was actually performed which is
usually the place where such restaurant is situated
POS is important for both goods and services as the taxable event in GST is supply of goods and services
Q2 Whether restaurant owners can avail composition scheme under GST
Ans Yes composition scheme is open to restaurant business owners
Q3 What is the effective rate of GST on restaurant business under composition scheme
Ans It is 5 subject to maximum turnover of Rs 15 crores
Q4 We are running a food joint located in a standalone building with takeaway as well as sitting facilities to our
customers We are registered under GST normal scheme Can we take beneit of ITC on purchases made by us in relation
to our outward services
Ans A restaurant or a food joint or an eatery located in a standalone building ie not being located inside any hotel inn
guest house or club is not eligible for availing ITC even if purchases made by it were in the course of and in furtherance of
its business Such restaurants shall charge GST 5 on their services without ITC
Q5 We are running a standalone restaurant We have purchased an oven and a chimney for the purpose of our
restaurant Can we avail ITC on it
Ans As already stated in answer to question no 3 no ITC is available to a standalone restaurant even if goods or services
are availed in the course of or in furtherance of business
Q6 Would your answer be different if we are located in a hotel
Ans If a restaurant is located inside a hotel inn guest house lodge or a club where room rent per day exceeds Rs 7500-
the restaurant can avail ITC however GST rate in that case will be 18 In other words such a restaurant will have to
charge GST at 18 which in the case mentioned in reply to question no 1 is 5
ARTICLE
ICSI-NIRC Newsletter I July 2021 77
Q7 Is there any difference in GST rate for AC and Non AC restaurants
Ans The different GST rates prescribed for AC and non AC restaurants have been done away with All restaurants
whether AC or non AC are subject to GST rate of 5 without ITC or 18 with ITC depending upon whether restaurant is
located in a standalone building or inside an hotel inn guest house club etc where room rent per day is above Rs 7500-
Q8 We are engaged in outdoor catering services what are the GST implications for us
Ans For outdoor catering services as of now the GST rate is 18 with ITC
Q9 A restaurant is located inside a three star hotel with room rent of more than Rs 7500- per day The restaurant is also
offering some sweets which may be ordered as a takeawayparcel or may be consumed on a table in the restaurant itself
What are the GST implications on both situations
Ans Sweets attract 5 GST so take away from the counter will attract 5 GST only Whereas if sweets are consumed on a
table in the restaurant itself then it will attract GST at 18 since restaurant is located inside a hotel with room tariff of Rs
7500- and above
Q10 We are a moving restaurant and are providing over the counter take away and parcel services to our customers
What is the GST rate to be charged
Ans In this case GST to be charged is 5 without ITC
Q11 We are running a school We have an in house canteen for the beneit of our staff and students What are the GST
implications on us in the two situations
(i) if we supply food and beverages to our staff and students ourselves
(ii) if we engaged a contractor for running the canteen and to provide food and beverages to our staff and students
Ans In the situation (i) GST is exempt
In situation (ii) GST to be charged is 5 In this case the contractor is liable to charge GST at 5
ARTICLE
ICSI-NIRC Newsletter I July 782021
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shubham Budhiraja ACS
shubhambudhiraja02gmailcom
PROVISIONAL ATTACHMENTUNDER GST amp DOCTRINE OF
PROPORTIONALITYThe GST Fraud case initiated against GM Power-tech for issuances of fake invoices to various companies including MS
Radha Krishnan (Appellant) The joint commissioner thereafter in exercise of its delegate powers issued Notice under
Section 83 for provisional attachment of bank account of appellant which was challenged by appellant before HC in Writ
petition which was dismissed due to availability of alternative remedy in GST Act The Supreme Court held that exercise
of power by Joint Commissioner under Section 83 provisional attachment was in violation to provisions of law and
against principles of Order 38 Rule 5 and without application of mind and thus Writ was maintainable Hence HC
committed error in law in refusing the Writ
(i) Whetherwritpetitionmaintainableagainstorderofprovisionalattachmentundergstact
yesiforderiswithoutapplicationofmindoragainstprincipleofnaturaljusticeorwithoutjurisdiction
(ii)Whetherorderofprovisionalattachmentcanbeusedtogetspeedyrecoveryofstaterevenueundergst
act
Noprovisionalattachmentisbasedonproportionalitydoctrine
WritPetitionunderArticle226ampExceptionToRuleOfAlternateRemedy
(I) AssistantCommissioner (CT)LTUKakinadaandothersvGlaxoSmithKlineConsumerHealthCare
LimitedAIR2020SC2819 There are certain exceptions to the ldquorule of alternate remedyrdquo include where
- The statutory authority has not acted in accordance with the provisions of the law or
- acted in deiance of the fundamental principles of judicial procedure or
- has resorted to invoke provisions which are repealed or
- Where an order has been passed in violation of the principles of natural justice
(II)WhirlpoolCorporationvRegistrarofTrademarksMumbai(1998)8SCC1 R u l e o f a l t e r n a t i v e
remedy not to operate as a bar in at least three contingencies namely where the writ petition has been iled for
the
- Enforcement of any of the Fundamental Rights or
- There has been a violation of the principle of natural justice or
- Order or proceedings are wholly without jurisdiction or
- The vires of an Act is challenged
Analysis
(I) The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of
fundamental rights but for any other purpose as well
(II) The High Court has the discretion not to entertain a writ petition One of the restrictions placed on the power of
the High Court is where an effective alternate remedy is available to the aggrieved person
(III) Exceptions to the rule of alternate remedy arise where
ARTICLE
ICSI-NIRC Newsletter I July 2021 79
(a) the writ petition has been iled for the enforcement of a fundamental right protected by Part III of the
Constitution
(b) there has been a violation of the principles of natural justice
(c) order or proceedings are wholly without jurisdiction
(d) the vires of a legislation is challenged
(IV) An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the
Constitution in an appropriate case though ordinarily a writ petition should not be entertained when an
eficacious alternate remedy is provided by law
(V) When a right is created by a statute which itself prescribes the remedy or procedure for enforcing the right
or liability resort must be had to that particular statutory remedy before invoking the discretionary remedy
under Article 226 of the Constitution This rule of exhaustion of statutory remedies is a rule of policy
convenience and discretion and
(VI) In cases where there are disputed questions of fact the High Court may decide to decline jurisdiction in a
writ petition However if the High Court is objectively of the view that the nature of the controversy requires
the exercise of its writ jurisdiction such a view would not readily be interfered with
AttachmentbeforeJudgmentampProvisionalAttachment
(I) RamanTechProcessEnggCoandAnrvSolankiTraders2008(1)RCR(Civil)195
(A) The power under Order 38 Rule 5 Civil Procedure Code is a drastic and extraordinary power Such
power should not be exercised mechanically or merely for the asking It should be used sparingly and
strictly in accordance with the Rule The purpose of Order 38 Rule 5 not to convert an unsecured debt
into a secured debt Any attempt by a plaintiff to utilize the provisions of Order 38 Rule 5 as a leverage for
coercing the defendant to settle the suit claim should be discouraged
(II)ValeriusIndustriesvUnionofIndia2019(30)GSTL15(Gujarat)
(A) The power under Section 83 of the Act for provisional attachment should be exercised only if there is
suficient material on record to justify the satisfaction that the assessee is about to dispose of wholly or
any part of hisher property with a view to thwarting the ultimate collection of demand and in order to
achieve the said objective the attachment should be of the properties and to that extent it is required to
achieve this objective
(B) The power under Section 83 of the Act should neither be used as a tool to harass the assessee nor should
it be used in a manner which may have an irreversible detrimental effect on the business of the assessee
(C) The attachment of bank account and trading assets should be resorted to only as a last resort or measure
The provisional attachment under Section 83 of the Act should not be equated with the attachment in
the course of the recovery proceedings
(III)JaiAmbeyFilamentPvtLtdvUnionofIndia2021(44)GSTL41(Gujarat)
(A) Subjective satisfaction as to the need for provisional attachment must be based on credible information
that the attachment is necessary
(B) The opinion cannot be formed based on ldquoimaginary grounds wishful thinking howsoever laudable that
may berdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 80
(IV)PatranSteelRollingMillvAssistantCommissionerofStateTaxUnit22019(20)GSTL732(Gujarat)
(A) Two instances in which provisional attachment would be apposite these being where the
- assessee is a ly by night operator and
- If the assessee will not be able to pay its dues after assessment
(V) ProexFashionPrivateLimitedvGovernmentofIndiaWP(C)11245of2020dated6January2021
Conditions for the invocation of Section 83 of the SGST Act
I Order should be passed by Commissioner
II Proceeding under Section 62 or 63 or 64 or 67 or 73 or 74 should be pending
III Commissioner must form an opinion
IV Order should be passed to protect interest of revenue
V It must be necessary to attach property
(VI)UFVIndiaGlobalEducationvUnionofIndia2020(43)GSTL472
Pendency of proceedings under the sections mentioned in Section 83 viz Sections 62 or 63 or 64 or 67 or 73
or 74 is the sine qua non for an order of provisional attachment to be issued under Section 83
(VII)KaishImpexPrivateLimitedvUnionofIndia(2020)6AIRBomR122
(A) Taxable account of the taxable person can be attached against whom the proceedings under the sections
are initiated Section 83 does not provide for an automatic extension to any other taxable person from an
inquiry speciically launched against a taxable person under these provisions
(B) The format of the order ie the form GST DRC-22 also speciies the particulars of a registered taxable
person and which proceedings have been launched against the aforesaid taxable person indicating a nexus
between the proceedings to be initiated against a taxable person and provisional attachment of bank
account of such taxable person
(V)VishwanathRealtorvStateofGujaratSpecialCivilNo7210of2015decidedon29April2015
(A) Satisfaction must be on some tangible material on objective facts with the Commissioner In a given case on
the basis of the past conduct of the dealer and on the basis of some reliable information that the dealer is
likely to defeat the claim of the Revenue in case any order is passed against the dealer under the VAT Act
andor the dealer is likely to sale his properties andor sale andor dispose of the properties and in case
after the conclusion of the assessmentreassessment proceedings if there is any tax liability the Revenue
may not be in a position to recover the amount thereafter in such a case only however on formation of
subjective satisfactionopinion the Commissioner may exercise the powers under Section 45 of the VAT
Act
ARTICLE
ICSI-NIRC Newsletter I July 2021 81
SECTION83ampITSCONDITIONS
(i) The power to order a provisional attachment is entrusted during the pendency of proceedings under any one of
six speciied provisions Sections 62 63 64 67 73 or 74 In other words it is when a proceeding under any of
these provisions is pending that a provisional attachment can be ordered
(ii) The power to order a provisional attachment has been vested by the legislature in the Commissioner
(iii) Before exercising the power the Commissioner must be ldquoof the opinion that forthepurpose of protecting the
interest of the government revenue it is necessarysotodordquo
(iv) The order for attachment must be in writing
(v) The provisional attachment which is contemplated is of any property including a bank account belonging to the
taxable person and
A provisional attachment under Section 83 is contemplated during the pendency of certain proceedings meaning
thereby that a inal demand or liability is yet to be crystallized An anticipatory attachment of this nature must
strictly conform to the requirements both substantive and procedural embodied in the statute and the rules The
exercise of unguided discretion cannot be permissible because it will leave citizens and their legitimate business
activities to the peril of arbitrary power Each of these ingredients must be strictly applied before a provisional
attachment on the property of an assesses can be levied The Commissioner must be alive to the fact that such
provisions are not intended to authorize Commissioners to make preemptive strikes on the property of the assessee
merely because property is available for being attached There must be a valid formation of the opinion that a
provisional attachment is necessary for the purpose of protecting the interest of the government revenue
PROPORTIONALITYampSECTION83
The expressions in Section 83 give regard to both the purpose and necessity of provisional attachment implicate the
doctrine of proportionality Proportionality mandates the existence of a proximate or live link between the need for the
attachment and the purpose which it is intended to secure It also postulates the maintenance of a proportion between
the nature and extent of the attachment and the purpose which is sought to be served by ordering it
Moreover the words embodied in Section 83(1) would leave no manner of doubt that while ordering a provisional
attachment the Commissioner must in the formation of the opinion act on the basis of tangible material on the basis of
which the formation of opinion is based in regard to the existence of the statutory requirement
CONCLUSION
(I) Order 38 Rule 5 CPC provides for provision of Attachment before Judgment
(II) Section 83 of CGST Act 2017 are on same principle provides for Provisional attachment of any property of
assesse by commissioner for protecting interest of Govt Revenue
(III) Section 83 is based on Proportionality doctrine ndash ldquo for the purpose of necessity to do sordquo
(IV) Provisional attachment is based on test of Tangible Material
(V) Under the provisions of Rule 159(5) the person whose property is attached is entitled to dual procedural
safeguards
ARTICLE
ICSI-NIRC Newsletter I July 2021 82
(a) An entitlement to submit objections on the ground that the property was or is not liable to attachment
and
(b) An opportunity of being heard
(VI) The Opinion to passes order for Provisional attachment has to be on basis of material on record and based
on proportionality doctrine
(VII) Mere for expediency in revenue recover is not a ground for which provisional attachment to be passed
(VIII) Provisional attachment is draconian in nature
(IX) Section 83 does not provide for an automatic extension to any other taxable person from an inquiry
speciically launched against a taxable person under these provisions
(X) Since power to provisional attachment is delegated to Joint commissioner under Section 5(3) hence there is
no appeal available to Appellate authority under Section 107(1) because joint commissioner is not
performing functions of commissioner but of delegate Hence Writ petition was maintainable
(XI) Even where alternative remedy is available writ can be maintainable where
(a) Matter involved is of Fundamental rights
(b) Matter involved is of Natural Justice non-application of mind
(c) Matter involved absence of jurisdiction excess of jurisdiction
chapters of nirc of icsibull Agra
bull Ajmer
bull Alwar
bull Amritsar
bull Bareilly
bull Bhilwara
bull Bikaner
bull Chandigarh
bull Dehradun
bull Faridabad
bull Ghaziabad
bull Gorakhpur
bull Gurugram
bull Jaipur
bull Jalandhar
bull Jammu
bull Jodhpur
bull Kanpur
bull Karnal
bull Kota
bull Luchnow
bull Ludhiana
bull Meerut
bull Modinagar
bull Noida
bull Panipat
bull Patiala
bull Prayagraj
bull Shimla
bull Srinagar
bull Udaipur
bull Varanasi
ARTICLE
ICSI-NIRC Newsletter I July 2021 83
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shikha Saxena ACS
shikhasaxena214gmailcom
Goods andService Tax
Introduction GST was introduced to replace multiple indirect taxes levied by State and Central Government GST is
Single domestic indirect tax law for the entire country So it is an indirect tax which replaced many indirect taxes in India
such as excise duty VAT Service tax etc
Features
1 Destination Based Tax
2 Multi stage
DestinationBasedTax
It means tax will be levied at the place where goods and services are consumed not at the origin So the state which
consume the goods and services will have right to collect GST
Example A good is manufactured in Rajasthan and sold in Gujrat then the Rajasthan Government will receive revenue
from taxing manufacturing and warehousing whereas Gujrat Government will receive the revenue of the inal sale
MultiStage
GST is levied on on value addition done on every stage
Example Once raw material has been bought value is added by manufacturer by means of making the raw material into
a product The warehousing is the next step where value is added which is then sold to retailers where the inal addition
of value is done At each step GST will be levied
DifferenceBetweenGSTandearlierTaxSystem
EarlierTaxSystem GST
Goods
Manufacture Sale Excise Duty VatSales Tax
In case of Service Service Tax levied
GoodsServices
Supply
GST
Central GST Integrated GST State GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 84
HowGSTisBeneicialascomparetoearliertaxstructure
1 Removing the cascading effect of Tax
2 Higher threshold for GST Registration
3 Composition Scheme for small business
4 Simpler online facilities for GST Compliance
5 Deined treatment for e-commerce activities
6 Regulating the unorganized sector
In simple terms it can be explained through example
EarlierSystem GSTSystem
Product sale from Rajasthan to Gujrat Price Rs 1000 Price Rs 1000
VAT 10 Rs 100 CGST 5 Rs 50
Total Cost Rs 1100 SGST 5 Rs 50
Total Cost Rs 1100
Product sale from Gujrat to Haryana Cost Price Rs 1100 Cost Price Rs 1100
Proit Rs 1000 Proit Rs 1000
Sell Price = Cost + Proit Sell Price = Cost + Proit
Sell Price Rs 2100 Sell Price Rs 2100
CST 10 Rs 210 IGST 10 Rs 110
Total Price Rs 2310 Total Price Rs 2210
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
In the end every time an individual is able to claims the input tax credit the sale price is reduced and the cost price for
the buyer is reduced because of lower tax liability The inal value of the product is therefore reduced from Rs2310 to Rs
2210 thus reducing the tax burden on the inal customer
BeforestudyinggointodeeperitisnecessarytounderstandthejourneyofGSTin
IndiaHistoryofGSTinIndia
ARTICLE
ICSI-NIRC Newsletter I July 2021 85
ComponentsofGST
CGST Central Goods and Service Tax
They are levied by the central government for intrastate movement of goods and services Intrastate means within one
state CGST revenues go to the central government
SGST State Goods and Services Tax
They are levied by the state government thats state indirect taxes It is the tax collected by the state government on an
intra-state sale
IGST Integrated Goods and Services Tax
It is a tax collected by the Central Government for an inter-state sale
Sale Within the State CGST + SGST Revenue will be shared equally between the centre and the State
Sale to another State IGST There will only be one type of tax (central) in case of inter state sale The centre
will then share the IGST revenue based on the destination of goods
Turnover(ForsaleofGoods)
Registration Effective
Exceeds Rs 20 Lakh Yes- For Normal Category States stEffective from 1 April 2019
Exceeds Rs 20 Lakh Yes- For Special Category States stEffective from 1 April 2019
ForProvidingServices
Persons providing services need to register if their aggregate turnover exceeds Rs 20 Lakh for normal category states
and Rs 10 Lakh for Special category states
Asperthenewamendmentanoptionwasgiventothestatestooptfornewlimitsor
continuetheearlierstatusquo
N o r m a l C a t e g o r y
StateUTforanewlimit
ofRs40Lakh
Kerala Chhattisgarh Jharkhand Delhi Bihar Maharashtra Andhra Pradesh Gujrat
Haryana Goa Punjab Uttar Pradesh Himachal Pradesh Karnataka Madhya Pradesh
Odisha Rajasthan Tamil Nadu West Bengal Lakshadweep Dadra and Nagar Haveli
Daman and Diu Andaman and Nicobar Island and Chandigarh
NormalCategorystatewhochoosestatusquo
Telangana
SpecialcategoryStateswhooptedfornewlimitofRs40Lakh
Jammu and Kashmir and Assam
SpecialCategoryStateswhooptedfornewlimitofRs20Lakh
Puducherry Meghalaya Mizoram Tripura Manipur Sikkim Nagaland Arunachal Pradesh Uttarakhand
ARTICLE
ICSI-NIRC Newsletter I July 2021 86
Section 24 of the Central Goods and Service Tax Act 2017 explains the Provisions of compulsory registration
Oslash The person engaged in the inter-state taxable supply of goods or services or both
Oslash A casual taxable person engaged in taxable supply
Oslash Persons liable to pay tax under reverse charge mechanism
Oslash A non-resident taxable person engaged in providing taxable supply
Oslash A person liable to pay tax under section 9 (5) of the Act
Oslash The person liable to deduct tax at source (TDS)
Oslash Input Service Distributor
Oslash E-commerce operator
Oslash Person supplying online information and database access or retrieval services from a place outside India to a
person in India other than a registered taxable person
SlabRates
There are around six slabs of rates as per latest council meeting of GST
Rates Particulars
5 Cream and yogurt paneer cashew nut raisins fruit and nuts and a few others Now for these products
25 goes to the state government and the rest 25 goes to the CGST Many household items are
covered in this section
12 Citrus fruits jams sausages 20l drinking water statues pots and jars geometry box cutlery railway
coaches printer ink wooden toys and more Here for every product 6 goes towards CGST and 6
goes towards SGST This section covers processed food to a great extent
18 Bindis chocolates fountain pens tripods soap toothpaste and industrial intermediate products are
therein this slab Here 9 goes towards SGST and 9 goes towards CGST The central goods and
services tax act 2017 has a full list of items
28 Cigarettes caffeinated beverages pan masala motor cars and motorcycles air conditioners
refrigerators etc Mainly luxury items are covered in this sector In this 14 goes towards SGST and
14 goes towards CGST
3 Coins gold silver platinum imitation jewellery etc are taxed at 3 Here 15 goes towards SGST
and 15 towards CGST
25 Precious stones are taxed at 025 where 0125 goes towards CGST and 0125 goes towards SGST
0 There are also some products that are taxed at 0 basically they are tax free
Mammals live swine live bovine mammals birds insects ish curd lassi buttermilk bananas
apples grapes human hair sanitary napkins among others
ARTICLE
ICSI-NIRC Newsletter I July 2021 87
The central GST Act 2017 has a full updated list of all items under all GST tax slabs
NewCompliancesUnderGST
E-WaysBills E-invoicing
M a n u f a c t u r e r s t r a d e r s a n d
transporters can generate e-way bills
for the goods transported from the
place of its origin to its destination on
a common portal with ease
Tax authorities are also beneited as
this system has reduced time at check
-posts and helps reduce tax evasion
It is applicable on whose turnover of more than Rs500 crore in any preceding
inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100
crore
These businesses must obtain a unique invoice reference number for every
business-to-business invoice by uploading on the GSTNs invoice registration
portal The portal veriies the correctness and genuineness of the invoice
Thereafter it authorises using the digital signature along with a QR code
e-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to
the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the
generation of e-way bills too
Penalty If a person commits any GST offenseSection 122 to 138 of the GST Act deines Offences and Penalties under
GST
They divide the offences into two categories
A Offences Attracting Fiscal Penalties
B Offences Attracting Prosecution
It is very dificult to wrap up the entire GST Act into one article but here is the brief of GST to understand it better and
work towards it For more details you can Study Central Goods and Services Act 2017 and also contact on the given mail
ID
ARTICLE
ICSI-NIRC Newsletter I July 2021 88
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS shashank kothiyal ACS
shashankkothiyal9gmailcom
GST A Boon forIndian Economy
Introduction
Whether it was uniformity of taxation and consequent free interior trade or possession of the jewel in the crown at the
root of prosperity of Britain is debatable nonetheless the words of father of modern economics on the beneits of
uniformity of system of taxation cannot be taken too lightly Before implementation of Goods and Service Tax (GST)
Indian taxation system was a farrago of central state and local area levies By subsuming more than a score of taxes
under GST road to a harmonized system of indirect tax has been paved making India an economic union
Genesis
Several countries have already established the Goods and Services Tax In Australia the system was introduced in 2000
to replace the Federal Wholesale Tax GST was implemented in New Zealand in 1986 A hidden Manufacturers Sales Tax
was replaced by GST in Canada in the year 1991 In Singapore GST was implemented in 1994 GST is a value-added tax in
Malaysia that came into effect in 2015
Introduction
ARTICLE
ICSI-NIRC Newsletter I July 2021 89
MonthYear JourneyofGST
2000 In India the idea of adopting GST was irst suggested by the Atal Bihari Vajpayee Government in 2000
The state inance ministers formed an Empowered Committee (EC) to create a structure for GST based
on their experience in designing State VAT Representatives from the Centre and states were requested
to examine various aspects of the GST proposal and create reports on the thresholds exemptions
taxation of inter-state supplies and taxation of services The committee was headed by Asim
Dasgupta the inance minister of West Bengal Dasgupta chaired the committee till 2011
2004 A task force that was headed by Vijay L Kelkar the advisor to the inance ministry indicated that the
existing tax structure had many issues that would be mitigated by the GST system
February2005
The inance minister P Chidambaram said that the medium-to-long term goal of the government was
to implement a uniform GST structure across the country covering the whole production-distribution
chain This was discussed in the budget session for the inancial year 2005-06
February2006
The inance minister set 1 April 2010 as the GST introduction date
November2006
Parthasarthy Shome the advisor to P Chidambaram mentioned that states will have to prepare and
make reforms for the upcoming GST regime
February2007
The 1 April 2010 deadline for GST implementation was retained in the union budget for 2007-08
February2008
At the union budget session for 2008-09 the inance minister conirmed that considerable progress
was being made in the preparation of the roadmap for GST The targeted timeline for the
implementation was conirmed to be 1 April 2010
July2009 Pranab Mukherjee the new inance minister of India announced the basic skeleton of the GST system
The 1 April 2010 deadline was being followed then as well
November2009
The EC that was headed by Asim Dasgupta put forth the First Discussion Paper (FDP) describing the
proposed GST regime The paper was expected to start a debate that would generate further inputs
from stakeholders
February2010
The government introduced the mission-mode project that laid the foundation for GST This project
with a budgetary outlay of Rs 1133 crore computerised commercial taxes in states Following this
the implementation of GST was pushed by one year
March2011 The government led by the Congress party puts forth the Constitution (115th Amendment) Bill for the
introduction of GST Following protest by the opposition party the Bill was sent to a standing
committee for a detailed examination
June2012 The standing committee starts discussion on the Bill Opposition parties raise concerns over the 279B
clause that offers additional powers to the Centre over the GST dispute authority
November2012
P Chidambaram and the inance ministers of states hold meetings and set the deadline for resolution
of issues as 31 December 2012
ARTICLE
ICSI-NIRC Newsletter I July 2021 90
February2013
The inance minister during the budget session announces that the government will provide Rs9000
crore as compensation to states He also appeals to the state inance ministers to work in association
with the government for the implementation of the indirect tax reform
August2013 The report created by the standing committee is submitted to the parliament The panel approves the
regulation with few amendments to the provisions for the tax structure and the mechanism of
resolution
October2013
The state of Gujarat opposes the Bill as it would have to bear a loss of Rs 14000 crore per annum
owing to the destination-based taxation rule
May2014 The Constitution Amendment Bill lapses This is the same year that Mr Narendra Modi was voted into
power at the Centre
December2014
Indias new inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in
the parliament The opposition demanded that the Bill be sent for discussion to the standing
committee
February2015
Mr Jaitley in his budget speech indicated that the government is looking to implement the GST system
by 1 April 2016
May2015 The Lok Sabha passes the Constitution Amendment Bill Jaitley also announced that petroleum would
be kept out of the ambit of GST for the time being
August2015 The Bill is not passed in the Rajya Sabha Jaitley mentions that the disruption had no speciic cause
March2016 Mr Jaitley says that he is in agreement with the Congresss demand for the GST rate not to be set above
18 But he is not inclined to ix the rate at 18 In the future if the Government in an unforeseen
emergency is required to raise the tax rate it would have to take the permission of the parliament So a
ixed rate of tax is ruled out
June2016 The Ministry of Finance releases the draft model law on GST to the public expecting suggestions and
views
August2016 The Congress-led opposition inally agrees to the Governments proposal on the four broad
amendments to the Bill The Bill was passed in the Rajya Sabha
September2016
The Honourable President of India gives his consent for the Constitution Amendment Bill to become
an Act
The GST Council also inalised on the GST rates and GST rules The Government declares that the GST Bill will be
applicable from1July2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 91
Pre-GSTIndirectTaxStructureinIndia
GSTLawfromaConstitutionalPerspective
A DeinitionofGST
ldquoGoods and services taxrdquo means any tax on supply of goods or services or both except taxes on the supply of the alcoholic
liquor for human consumption As per Article 366(12A)
GoodsandServicesTax(GST) is anindirecttax(orconsumptiontax) used in India on the supply of goods and
services It is a comprehensive multistage destination-based tax comprehensive because it has subsumed almost all
the indirect taxes except a few state taxes Multi-staged as it is the GST is imposed at every step in the production
process but is meant to be refunded to all parties in the various stages of production other than the inal consumer and
as a destination-based tax it is collected from point of consumption and not point of origin like previous taxes
B ConstitutionalAmendment
bull Bill passed by Rajya Sabha on 03082016 amp Lok Sabha on 08082016
bull Notiied as Constitution (101st Amendment ) Act 2016 on 08092016
bull Key Features
uuml Concurrent jurisdiction for levy amp collection of GST by the Centre amp the States ndash Article 246A
uuml Centre to levy amp collect IGST on supplies in the course of inter-State trade or commerce including imports ndash
Article 269A
uuml Compensation for loss of revenue to States for ive years on recommendation of GSTC ndash Clause 19
uuml GST on petroleum crude high speed diesel motor spirit (commonly known as petrol) natural gas amp aviation
turbine fuel to be levied from a later date on recommendations of GSTC
ARTICLE
ICSI-NIRC Newsletter I July 2021 92
BeneitsofGST-AdvantageandDisadvantage
Advantages Disadvantage
1 The most important beneit is the removal of cascading
effect ie removal of tax on tax
2 Starting from registration to iling returns and payment
of GST tax its an online procedure
3 Startups wont be running around tax ofices for various
registrations and procedures under excise service tax
and VAT
4 Higher threshold for registration
5 Composition scheme for small business The purpose is
to ease the burden of compliance which enables the
small businesses to focus more on business and less on
compliance
1 The GST structure has been marketed well to portray it
as a simple concept but in reality the understanding is
complicated and distortionary to fully exploit the
expected beneits
2 Multiple tax rates and many complexities will result into
tax disputes and lead to more corruption
3 High confusion regarding the product classiication and
multiple rates is a major concern
4 The food industry has criticized the levying of higher
rates on value-added manufactured goods and has
asked for a simpler regime
5 Items like (i) Alcohol (ii) Real Estate and (iii) Electricity
have been kept out of this regime defeating the purpose
of one tax
ComponentsofGST
GST would be levied on a common base by both the central and the state government simultaneously The dual GST can
be categorized into the following
middot CentralGST(CGST)- GST to be levied by the central government
middot StateGST(SGST)UnionTerritoryGST(UTGST)- GST to be levied by statesUnion Territories with legislature
IntegratedGST(IGST)- GST levied by central government on inter-state supply of goods and services to ensure that the
credit chain is not disrupted Apart from the applicable custom duties import of goods and services would be treated as
inter-state supplies and would therefore be subject to IGST
ARTICLE
ICSI-NIRC Newsletter I July 2021 93
GSTRates
At the time of GST implementation former Finance Minister the late Mr Arun Jaitley said that the government wanted to
keep the GST rates close to the original rates But there were differences in case of some items because of the changes in
the economy as well as customer preferences Some commodities were kept in the high tax bracket (18-28) but on
scrutinizing the list they found that these commodities should be considered as necessities and not luxuries This is why
the GST rates were revised for commodities such as notebooks exercise books
FewGSTRatesare
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central ExciseService tax
Revenue will be shared equally between the Centre and the State
Sale to another State IGST Central Sales Tax + ExciseService Tax
There will only be one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
TaxRate Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
CompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
uuml E-WayBills GST introduced a centralised system of waybills by the introduction of ldquoE-way billsrdquo This system was
launched on 1st April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of
goods in a staggered manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods
transported from the place of its origin to its destination on a common portal with ease Tax authorities are also
beneited as this system has reduced time at check -posts and helps reduce tax evasion
uuml E-invoicing The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual
aggregate turnover of more than Rs 500 crore in any preceding inancial years (from 2017-18) Further from 1st
January 2021 this system was extended to those with an annual aggregate turnover of more than Rs100 crore
These businesses must obtain a unique invoice reference number for every business-to-business invoice by
uploading on the GSTNs invoice registration portal The portal veriies the correctness and genuineness of the
invoice Thereafter it authorises using the digital signature along with a QR code
E-Invoicing allows interoperability of invoices and helps reduce data entry errors It is designed to pass the invoice
information directly from the IRP to the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way bills too
ARTICLE
ICSI-NIRC Newsletter I July 2021 94
GoodsampServicesTax(GST)Council
GST Council is a constitutional body for making recommendations to the Union and State Government on issues related
to Goods and Service Tax The GST Council is chaired by the Union Finance Minister and other members are the Union
State Minister of Revenue or Finance and Ministers in-charge of Finance or Taxation of all the States
The Union Cabinet in its meeting held on 12th September 2016 approved setting-up of GST Council and setting up its
Secretariat As per Article 279A of the amended Constitution the GST Council which will be a joint forum of the Centre
and the States shall consist of the following members -
i Chairperson ndash Union Finance Minister
ii Vice Chairperson - to be chosen amongst the Ministers of State Government
iii Members - MOS (Finance) and all Ministers of Finance Taxation of each State
uuml Quorum is 50 of total members
uuml Decision by 75 majority
uuml States - 23 weightage and Centre - 13 weightage
uuml Council to make recommendations on everything related to GST including laws rules and rates etc
Introduction
stWe are living in 21 Century ie in the age of social media With the handy use of social media the question comes
whether these instant messages ie Whatsapp Messages are of any legal relevance and admissible in Courts
Lately now courts have begun to admit instant messages and pictures sent on these platforms as evidence in both
Criminal as well as Civil matters
ArewhatsappChatsadmissibleasEvidence
In this present digital world electronic devices are used frequently especially for business transactions One of the most
common tool for communication is Whatsapp With digitization the Indian judiciary has also become more advanced
and techno-friendly The Parliament had enacted the Information and Technology Act 2000 to redeine the deinition of
electronic record undersection2(1)(t)of Information and Technology Act 2000With the help of mobile phones
people are daily expressing themselves which results in extensive collection of records that may become evidence in
legal matters
CurrentScenarioofIndianlegalSystem
Section 65(B) of Indian Evidence Act was introduced in Information Technology Act 2000 in order to consider
electronic communication viz Email Computer generated documents Whatsapp messages etc as valid evidence in the
Courts of law A 3-judge bench of the Honble Supreme Court of India has recently clariied and elaborated the law on
thadmissibility of digital evidence in judicial proceedings vide its judgment dated 14 July 2020 in the matter of Arjun
PanditraoKhotkarvKailashKushanraoGorantyalampOrs
It was held that certiicate under Section 65B (4) of the Evidence Act (ldquoActrdquo) is essential for admissibility of electronic
records stating that the same is to the best of his knowledge and belief These measures are taken by the court to ensure
the source and authenticity of the electronic record Electronic evidence can be easily tampered altered with hence
these safeguards prove to be very signiicant to ensure justice especially in the cases where the conclusion of the trial is
based on the electronic records
1 The Punjab and Haryana High Court has ruled that WhatsApp messages may be relied upon by investigating
agencies during a crime investigation but a certiicate Section 65B of the Indian Evidence Act is essential for the
same (RakeshKumarSinglavUnionofIndia)
ARTICLE
ICSI-NIRC Newsletter I July 2021 95
Whether Whatsapp Chats areAdmissible In Courts
CS Akshit Gupta FCS
csakguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
2 AnvarPVVersusPKBasheer2014In this case the Court has interpreted Section 22A 45A 59 65A and 65B
of the Evidence Act and held that secondary information in CDDVDPen Drive is not acceptable without a
certiicate us 65 B (4) of Evidence Act
RelevanceoftheBlueTickintheAdmissibilityofWhatsappChat
The Bombay High Court while hearing an application iled by the SBICardsandPaymentsServicesPvtLtd(the
claimant)againstaresidentRohitJadhav observed that the defaulter who was evading the bank had not only
received the notice in a PDF ile but also opened it and read its contents This means he knows about the notice of bank
and he cannot invalidate such notice on the grounds of sending the same through the digital mode
JusticeGautamPatelheld in the above mentioned case that ldquoFor the purpose of service of the notice I will accept this I
do so because the blue icon indicators clearly show that not only were the message and its attachment delivered to the
respondents number but that both were openedrdquo
Conclusion
Laws relating to admissibility of electronic evidence are still facing some issues There are various questions which are
arising relating to authorship of certiicate Since admissibility of electronic evidence in the court are still facing few
issues even after the twenty years of Information Technology Act came into force we expect some major developments
and amendments in regards of these loophole
ARTICLE
ICSI-NIRC Newsletter I July 2021 96
dkekch dh jkg bruh vklku Hkh ugha
lius lHkh ckdh gS tks ns[ks Fks dHkhA
tu iy Hkj dk esjh fQrjr esa ugha
lQyrk dh cqfukn eSa fy[k jgk gwiexcl vHkhAA
rkmez bd [okc thfor jguk pkfg
esjs kgj ls d ubZ kqvkr gksuh pkfgA
eafty feys k uk feys s vyx ckr gS
lPph dksfkk dks mldk buke feyuk pkfgAA
ARTICLE
ICSI-NIRC Newsletter I July 2021 97
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
हम कपनी सिचव ह िसफ हार नही ह
िहम िशला पर िलखा वो लख नही जो पल म िपघल जाय
िशला पर िलखा वो लख ह जो अिमट अर ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
अजन की गाडीव सा कलम ह हमारा
क की सदसन सा तज ह ान
कानन की धाराओ और अनछदो स नही ह हम अनजान
ा ण भगर लोभनो क वजह स हम िनरर ह
कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
हम वा ही नही ितवा भी हम ही ह
हम वो ह जो िनर सदा ही ह
हम तो ान क गगन म गगनचर पख ह
कानन क जगत म हम एक अिधकत हार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
dEiuh lfpoCS Prahalad Kumar ACS
email2prahaladgmailcom
ला हो उस ालन को जो सघष की ितमित थी
आज अपन हजनो को ा चहरा िदखाएग
ाग आाकारता का कशल नततव सीखन वाल
ा आज भड़ चलो म फसन की वजह स हम सार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
कपनी पजीकरण स िवलय तक का समथ ाता ह हम
आिथक मदी स उबारन क िलए जान जात ह हम
िविध का पण ह कवल अर नही ह हम
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 98
InitiativesofChapters
Noida
bull On the occasion of PCS Day 2021 Tuesday 15th June 2021 Noida Chapter organised a webinar on the topic
Talk on Future Ready PCS- Insights into Future Challengesrdquo from 0500 pm to 0630 pm During the webinar
Noida Chapter of NIRC felicitated 2 Practicing Company Secretaries having more than 25 years of practice
experience amp 2 PCS irms with three or more partners Appreciation certiicates were given to them and they
shared their experience and journey briely
bull Webinar held on Friday 18th June 2021 from 0500 pm to 0630 pm on the topic Producer Company
Governanceamp Compliance
bull Webinar held on Saturday 19th June 2021 from 1100 am to 1230 pm on the topic Practical tips for settlement
of legal disputes
bull Webinar on the Topic ldquoRole of Company Secretaries During Covid and Post Covid Periodrdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part -1)rdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part - II)rdquo
bull Noida Chapter of NIRC of the ICSI organized four days Online NCLT Workshop on 3rd 4th 10th amp 11th June
2021 from 0500 pm to 0700 pm
bull In view of International Yoga Day Noida Chapter of NIRC organized 4 Yoga Sessions on four consecutive
Saturdays from 29thMay 2021 till 19thJune 2021
Bareilly
bull On 5th June 2021 Bareilly Chapter organized a webinar on the theme A brief overview of Recent Amendments amp
Relaxations under Companies Act 2013
bull On 19th June 2021 during the PCS Week one more webinar was organized by Bareilly Chapter on the theme
Opportunities under Insolvency and Bankruptcy Code
bull On 29th June 2021 5th One Day Orientation Program during 2021 for CS Executive students was organized by
the Chapter through virtual mode
Meerut
bull Online Study Circle for students on the topic of Recent amendments in CSR on 12062021
bull PCS Day - webinar on the topic Opportunities under Insolvency amp Bankruptcy Code on 18062021
Modinagar
bull Modinagar Chapter celebrated GST Day 2021 on 05th July 2021
ICSI-NIRC Newsletter I July 2021 99
Faridabad
bull MoU signing ceremony with Pt J L N Govt College FBD - 23042021 in Presence of Chairman NIRC (Virtual)
bull MoU Signing Ceremony with Aggarwal College FBD --10062021 in Presence of Chairman NIRC (virtual)
bull MoU Signing ceremony with IMT College FBD - 23062021 in presence of Chairman NIRC (Virtual)
bull MoU Signed with hospitals -
1) SSB Multi Heart Specialty Hospital on 17042021
2) QRG Hospital w e f 23032021
bull Study Session on Recent Amendments in Companies Act 2013 on Saturday 10th April 2021 at Chapter premises
bull 2nd EDP Batch(15 days) - Classroom Mode wef 03042021 to 20042021
bull PCS Day Celebration on Tuesday 15th June 2021 by Faridabad Chapter
bull WEBINAR on FDI under FEMA on Saturday 19062021
Kota
bull Kota Chapter is celebrating Student month by organizing various activities for students in July 2021
Jaipur
bull PCS Day celebrations week ( Five Webinar )
bull International yoga Day Celebration
bull Workshop at yoga 01062021 to 30062021
bull Vaccination Drive with Fortis Hospital
bull Joint Webinar by Chapter of Rajasthan
bull Online CAP
Gorakhpur
bull Gorakhpur Chapter conducted webinar on Deposit amp Loan to Director on 24th May 2021 The Chief Guest of the
webinar was CS Nagendra D Rao President ICSI and the Guest of Honour was CS HimanshuHarbola Treasurer
NIRC of ICSI
bull Gorakhpur Chapter also conducted webinar on ICSI Auditing Standards on 7th June 2021 The Chief Guest of the
webinar was CS Devendra D Deshpande Vice President ICSI and the Guest of Honour was CS Vimal Gupta
Chairman NIRC of ICSI
bull On 11th June 2021 Gorakhpur Chapter conducted webinar on Dematerialisation E-Voting and Other Issuer
Services of NSDL The Chief Guest of the webinar was CS MamtaBinani Past President ICSI and the Guest of
Honour was CS SusshilDaga Vice Chairman NIRC of ICSI
bull On the occasion of PCS Day 2021 A Panel Discussion was organised by Gorakhpur Chapter on the topic
Opportunities for Company Secretaries in Developing Cities on 15th June 2021 The Special Guest of the
programme was CS Manish Gupta Council Member ICSI The Panel discussed about the various opportunities for
CS in small and developing cities in India
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 100
bull On 27th June 2021 Gorakhpur Chapter organized Blood Donation Camp in collaboration with ICAI Gorakhpur
and JCI Gorakhpur More than 70 persons donated their blood in the camp
bull The Chapter also celebrated Van Mahotsav on 01st July 2021 and GST Day on 05th July 2021 On The occasion of
GST Day celebration
Bhilwara
bull Bhilwara Chapter of NIRC of ICSI organised a webinar on the topic Health Care in COVID-19 on 1st June 2021 The
chief guest of the webinar was CS Vimal Gupta Chairman NIRC
bull On the occasion of PCS Day Celebration Bhilwara Chapter organised a webinar on 12th June 2021 on the topic
Recent Amendments in Companies Act amp MCA Version 30 On that occasion Bhilwara Chapter felicitate the PCS
Members who are practicing 15 years and more
bull Bhilwara Chapter also organised a Yoga session for Members and Students on 19th June 2021
Karnal
bull Following Webinars were organised by Karnal Chapter for Members
1 3rd May 2021 on the topic Unpacking the Nuances of Oppression and Mismanagement
2 29th May 2021 on the topic Interpersonal and Professional Skills for Company Secretaries
3 09th June 2021 on the topic Recent Amendments in Companies Act 2013rdquo
4 16th June 2021 on the topic Interpretation of Statutes for Company Secretaries
bull PCS Day was celebrated with a Webinar on 15th June 2021 on the Theme Opportunities for Company Secretaries
bull In addition to this a Non academic session for Members was organised on 28th June 2021
bull For Students 1 Five days EDP (ADP) and 6 PDPs were conducted online
Udaipur
bull Udaipur Chapter conducted Free Vaccination Drive for Members Students and their Family Members on
24062021
bull Udaipur Chapter organised three Webinar for members on 07062021 15062021 and 26062021
bull Udaipur Chapter organised Yoga Session through virtual mode for members and students on 27th June 2021
bull Udaipur chapter organised Career Awareness Programme for Students
Ghaziabad
bull Ghaziabad Chapter organized 05 days webinar series from 11th June 2021 to 16th June 2021 and invited Senior
faculties during the series CS Vineet Chaudhary Central Council Member The ICSI was Chief Guest on June 15 2021
bull Ghaziabad Chapter organized MOU Signing Ceremony for Academic Collaboration between the ICSI and Maharishi
University of Information Technology on Tuesday June 29 2021 at Maharishi Law School Maharishi University of
Information Technology Maharishi Nagar Sec 110 Noida Uttar Pradesh 201304 CS Nagendra D Rao Honble
President The ICSI graced the occasion with his benign presence
bull Ghaziabad Chapter of NIRC of ICSI conducted a webinar on the topic ldquoStay Positiverdquo with view of giving enthusiasm
and undeniable energy to all the members to express themselves their fears their positive thoughts everything amp
The need of the hour is Expression as well as Motivation on Saturday June 26 2021
bull Ghaziabad Chapter of NIRC of ICSI celebrated International Yoga Day
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 101
CSBF
COMPANYSECRETARIESBENEVOLENTFUND
MEMBERSENROLLEDREGIONWISEASLIFEMEMBERSOFTHECOMPANYSECRETARIESBENEVOLENTFUND
DURINGTHEPERIOD01032021TO30062021
REGION LMNO NAME MEMBNUMBER
NIRC
1 14821 MR GAURAV KUMAR MODI ACS - 64694
2 14830 MR ANKIT ANIL PARDESHI ACS - 62406
3 14831 MR SHAH NAWAZ ACS - 41049
4 14832 MS RICHA KHANDELWAL ACS - 47398
5 14838 MR AMRENDER KUMAR YADAV ACS - 41946
6 14839 MS RENU KATHURIA ACS - 34023
7 14844 MR SUMIT KUMAR SINGH ACS - 50243
8 14857 MR PARITOSH CHAUHAN ACS - 42603
9 14862 MS RIYA KHURANA ACS - 58282
10 14868 MS VRUSHALI RAJESHKUMAR DARJI ACS - 54675
11 14869 MR AMIT KUMAR MANGLA ACS - 32638
12 14870 MS KHUSHBOO BHATT ACS - 43508
13 14872 MR VIKASH GUPTA FCS - 9198
14 14876 MR ATUL KUMAR SINGH ACS - 38572
15 14880 MR ANSHUL JAIN ACS - 43863
16 14882 MR AMAN RATRA ACS - 55296
17 14888 MS CHAKSHOO MEHTA ACS - 42309
18 14892 MS DIVYA GAUR ACS - 47360
19 14897 MR ANKIT GOEL ACS - 52633
20 14902 MR SANDEEP KUMAR FCS - 9075
21 14907 MR SAURABH JAIN ACS - 45759
22 14908 MR MANISH KUMAR VERMA FCS - 10023
23 14909 MR HIMANSHU YADAV ACS - 44654
24 14912 MR ANKUR DUDANI ACS - 63498
25 14917 MR PANKAJ SHARMA ACS - 61152
26 14918 MS NAVITA GUPTA ACS - 51316
27 14919 MS ARSHDEEP KAUR JUDGE ACS - 33911
28 14923 MR KARM SAWHNEY ACS - 64986
ICSI-NIRC Newsletter I July 2021 102
CSBF
29 14926 MR LALIT KUMAR ACS - 49701
30 14930 MR DEVESH UPPAL ACS - 53648
31 14937 MS JASLEEN KAUR ACS - 55304
32 14941 MR DHRUV SHARMA FCS - 10760
33 14942 MR MOHD ZAFAR FCS - 9184
34 14944 MR CHANDRAKANT GUPTA ACS - 50829
35 14945 MR AKSHAY SACHAN ACS - 55246
36 14947 MR ARPIT KALANI ACS - 63919
37 14951 MR VIPUL JAIN ACS - 59021
38 14961 MR DHEERAJ ACS - 27493
39 14967 MR MAYANK ACS - 57784
40 14968 MR ASHU DHALL ACS - 50635
41 14971 MR PRINCE KUMAR FCS - 11000
42 14972 MR SUMIT GOYAL ACS - 54398
43 14974 MS DIVYA KHANNA ACS - 53941
44 14976 MS MONIKA GUPTA ACS - 59297
45 14979 MR MOHAMMAD KHALID ACS - 34335
46 14980 MR MUSTKEEM ACS - 56334
47 14982 MR SURESH KUMAR GUPTA FCS - 11059
48 14987 MS SONI PANDIYA ACS - 60696
49 14989 MR PRADEEP KUMAR ACS - 63052
50 14993 MR ANUPAM SRIVASTAVA ACS - 54503
51 15000 MR ROHIT SHRIVASTAVA ACS - 56732
52 15007 MR BHANU BHARGAVA ACS - 30370
53 15010 MS POOJA SINGH ACS - 39178
54 15012 MR NITESH KUMAR JHA ACS - 64377
55 15013 MR ASHWANI KUMAR ACS - 53574
56 15018 MR DEEPENDRA KUMAR MISHRA ACS - 63335
57 15024 SH PIYUSH AGARWAL ACS - 25165
58 15028 MR WASEEM ANWAR ACS ndash 39572
59 15029 SH VIKAS SETHI ACS - 17411
60 15037 MR SHOBHIT KUMAR KUSHWAHA ACS - 46660
61 15039 MR RAVI SHARMA ACS - 54818
62 15044 MR ANURAG PANDEY ACS - 50091
ICSI-NIRC Newsletter I July 2021 103
CSBF
63 15051 MS SHIVANGI SHARMA ACS - 59088
64 15053 MS DEEPTI JOSHI ACS - 51950
65 15058 MR JAGBIR SINGH FCS - 10983
66 15061 MR LOKESH SHARMA ACS - 50553
67 15062 MR KAMRAN SIDDIQUI ACS - 46943
68 15065 MS NEHA SRIVASTAVA ACS - 43927
69 15066 MS RUPALI SHARMA ACS - 37249
70 15070 MR SACHIN GUPTA ACS - 60203
71 15077 SH ASHISH MALKOTIA ACS - 17526
72 15078 MS NIDHI BHARDWAJ ACS - 56098
73 15080 SH ABHINAV RASTOGI ACS - 17692
74 15084 MR ASHISH MISRA ACS - 29368
75 15091 SH RATNESH PRASAD RUKHARIYAR FCS - 5833
76 15094 MR RAHUL CHOUDHARY ACS - 52647
77 15096 MR SHRAWAN KUMAR SHUKLA ACS - 53492
78 15099 MR SHIVAM GOEL ACS - 57386
79 15103 MR YOGESH MAHESHWARI ACS - 39675
80 15106 MS ANUJA JAIN ACS - 57084
81 15107 SH BANOJ KUMAR PRADHAN ACS - 15324
82 15116 MS REETIKA JHOTA ACS - 22130
83 15124 MS SANJANA CHHABRA ACS - 49167
84 15125 MR VAIBHAV SHUKLA FCS - 10556
85 15127 MS POOJA AGGARWAL ACS - 27524
86 15130 MR BHUPENDRA KAUSHIK FCS - 9884
87 15132 MS GAUTAMI GUPTA ACS - 57547
88 15138 MS SHINJINI MUKHERJEE ACS - 65425
89 15140 MS DEEPIKA SIDANA ACS - 55544
90 15141 MR ANMOL KAPOOR ACS - 57017
91 15142 MR KARAN SINGH ACS - 46641
92 15143 SH VIJAY KUMAR KAKKAR ACS - 25145
93 15144 MR NARENDER KUMAR ACS - 40175
94 15150 MS MANSI AWANA ACS - 36655
95 15154 MR AMIT KUMAR ACS - 61851
96 15155 MR AYUSH KUMAR JAIN ACS - 56424
97 15156 MS REKHA RANI NARANIWAL ACS - 38803
ICSI-NIRC Newsletter I July 2021 104
CSBF
98 15158 MS ANJALI GUPTA ACS - 20688
99 15164 MS NIDHI DANG FCS - 10548
100 15168 MR GYANESH KUMAR MISHRA ACS - 46816
101 15170 MS JASWANT KAUR ACS - 18106
102 15173 MS MEHAK GUPTA FCS - 10703
103 15175 MS SHILPI FCS - 11047
104 15177 MS SHEETAL NAHARIA FCS - 11193
105 15178 SH SURENDRA KUMAR SHARMA FCS - 5737
106 15180 MR ASHISH BANSAL ACS - 40217
107 15195 SH NARENDER KUMAR SHARMA FCS - 3189
108 15198 MS POOJA KUMARI ACS - 41504
109 15201 MS UPASNA THAKRAL ACS - 35559
110 15202 MS RENU ACS - 50393
111 15206 MR SWAPNIL AWASTHI ACS - 65802
112 15209 MS ANSHULA CHOUDHARY FCS - 10639
113 15220 MR ISHAN KHANNA ACS - 53517
114 15232 MS VIDHI KANSAL ACS - 24018
115 15233 MR NEERAJ KUMAR KHATRI ACS - 36858
116 15234 MR NIRBHAY ROCHWANI ACS - 44914
117 15235 MR SUMIT RAWAT ACS - 58125
118 15237 MS ARCHITA GUPTA ACS - 39294
119 15238 MS ANKITA GUPTA ACS - 27518
120 15239 SH SATISH KUMAR NIRANKAR FCS - 9605
121 15241 SH VIKASH JOSHI ACS - 19524
122 15245 MR VIKAS YADAV ACS - 43530
123 15250 MRS SHALU VARSHNEY ACS - 17344
124 15253 MS DEEPTI ARORA ACS - 31707
125 15254 MR MOHIT VARSHNEY ACS - 60762
126 15255 MS SHIKHA GOYAL ACS - 60381
127 15257 MS ANNU GUPTA ACS - 47525
128 15258 MR NITESH KUMAR YADAV ACS - 61297
129 15259 MR AAKARSHIT JAI ACS - 63632
130 15260 MS MEHAK MONGA ACS - 43728
131 15261 MR GAUTAM KHURANA ACS - 64072
132 15262 MR ISHAAN SHARMA ACS - 65147
133 15263 MS PALLAVI KAPOOR ACS - 64753
134 15264 MS MANISHA GUPTA ACS - 62708
135 15266 SH LALAN KUMAR SINGH FCS - 7837
136 15269 MR AKASH KANDOI ACS - 48651
137 15272 MR NISHANT PRITAM RAJ ACS - 64110
138 15273 MR INDRA JEET YADAV FCS - 10330
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-
ICSI-NIRC Newsletter I July 2021 09
GLIMPSES
WebinaronthethemeOpportunitiesunderArbitrationon17June2021
CS NPS Chawla Central Council Member ICSI amp Associate Partner Vaish Associates addressing the Participants Also
seen CS Vimal Gupta CS Devender Suhag Secretary NIRC-ICSI CS GS Sarin Past Chairman NIRC-ICSI and CS Sonia
Baijal Regional Director NIRC-ICSI
WebinaronthethemeOpportunitiesasRegisteredValueron18June2021
CS (Dr) Ajay Garg Corporate Valuer Counsel and Lawyer addressing the Participants Also seen CS Vimal Gupta and CS
GS Sarin
FelicitationCeremonyorganizedbyNIRC-ICSIaspartofPCSDaycelebrationson19June2021
CS Vimal Gupta CS Manish Gupta CS NPS Chawla CS Nesar Ahmad Past President ICSI CS Suresh Pandey Immediate
Past Chairman NIRC-ICSI CS GS Sarin CS Saurabh Kalia Regional Council Member NIRC-ICSI CS Monika Kohli Regional
Council Member NIRC-ICSI and CS Bhupesh Gupta Regional Council Member NIRC-ICSI addressing the Participants
ICSI-NIRC Newsletter I July 2021 10
GLIMPSES
FelicitationofmembersonPCSDay
WebinaronthethemeDiscussiononPrinciplesofGovernancefromIndianScriptureson19June2021
CS (Dr) P V S Jagan Mohan Rao Past President ICSI amp Past President SAFA (the South Asian Federation of Accountants)
addressing the Participants Also seen CS GS Sarin CS Suresh Pandey CS Amit Gupta Regional Council Member NIRC-
ICSI CS Saurabh Kalia and CS Sonia Baijal
WebinaronThemeSEBI-LODRon9July2021
Ms Purna Devi Director Global Compliance amp Reporting Entity Compliance and Governance EY addressing the
Participants Also seen CS Vimal Gupta CS Himanshu Harbola Treasurer NIRC-ICSI and CS Sonia Baijal
FelicitationofmembersonGSTDay
ICSI-NIRC Newsletter I July 2021 11
GLIMPSES
4DaysOnlineMasterClassonGSTOpportunities(21Edition)from28June2021to03July2021
Day129062021
CS (Adv) Sumit Wadhwa Abbot Law Ofice addressing the Participants Also seen CS Vimal Gupta and CS GS Sarin
Day230062021
CA Akshay Kumar Jain Akshay Kumar Jain amp Co LLP addressing the Participants Also seen CS GS Sarin
Day302072021
CS Jagmohan Bansal Sr Advocate addressing the Participants Also seen CS GS Sarin
Day403072021
CS Sanjay Malhotra Practicing Company Secretary addressing the Participants Also seen CS GS Sarin and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 12
GLIMPSES
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiUniversityofInformationTechnology
CS Nagendra D Rao President ICSI CS Sonal Jain Chairperson Ghaziabad Chapter of NIRC-ICSI CS Sakshi Mittal
Management Committee Member Ghaziabad Chapter of NIRC-ICSI and CS Arjunn Kr Tyagi Immediate Past Chairman
Ghaziabad Chapter of NIRC-ICSI addressing the Participants Also seen Dr Annu Behl Mehra Prof MUIT Dr Akhand
Pratap Singh Registrar MUIT Prof (Dr) KB Asthana Dean Maharishi Law School MUIT CS Awanish Srivastava Mr A
K Srivastava Joint Secretary ICSI CS Nitin Goel Mr Vinay Kumar Chapter Incharge Ghaziabad Chapter of NIRC-ICSI
along with other dignitaries
MOUSigningCeremonyforAcademicCollaborationbetweentheICSIandMaharishiAggarwalCollegeBallabgarhFaridabadInstituteofManagementampTechnology
FaridabadampPtJLNGovtCollegeFaridabad
CS Vimal Gupta CS Arun Goel Chairman Faridabad Chapter of NIRC-ICSI CS Anmol Nakra Vice- Chairman Faridabad
Chapter of NIRC-ICSI Dr Krishan Kant Principal Aggarwal College Dr Rekha Sain Dr Manoj Shukla Aggarwal College
Prof (Dr) Ravi K Handa Director IMT College Dr Parul Khanna Vice- Principal IMT College Dr M K Gupta Principal
Pt JLN Govt College Ms Preeti Kapoor Asso Prof Pt JLN Govt College Ms Suman Iyer EO Faridabad Chapter of NIRC-
ICSI along with other dignitaries
ICSI-NIRC Newsletter I July 2021 13
GLIMPSES
stValedictoryFunctionndash321 MSOP
CS Vijay Kumar Kaul Practicing Company Secretary CS Vimal Gupta CS SusshilDaga Vice-Chairman NIRC-ICSI CS
Devender Suhag CS Himanshu Harbola CS Suresh Pandey CS GS Sarin and CS Surya Kant Gupta Regional Council
Member NIRC-ICSI addressing the Participants
ndInauguralFunctionndash322 MSOP
CS Vimal Gupta and CS Suresh Pandey addressing the Participants
4DaysOnlineMasterClassonFEMA(22ⁿEdition)from5July2021to8July2021
CS Atul Mittal Former Council Member ICSI amp Chairman NIRC-ICSI and Partner-Deloitte Haskins amp Sells addressing the
Participants Also seen CS Vimal Gupta CS Devender Suhag and CS Sonia Baijal
ICSI-NIRC Newsletter I July 2021 14
AGM
Notice is hereby given that the 40th Annual General Meeting of the members of the Institute of Company Secretaries of
India (ICSI) in the Northern Region forming part of Northern India Regional Council (NIRC) will be held on Wednesday
the 28th July 2021 at 1000 AM through online video conferencing at the link to transact the httpsbitly3qUlgZZ
following business(es)-
1 To receive consider and adopt Audited Balance Sheet as at 31st March 2021 the Income and Expenditure
account for the year ended on that date Report of the Regional Council and Auditors Report thereon
2 To appoint Ms Mukesh A Mittal amp Co Chartered Accountants Delhi as Statutory Auditors in place of retiring
Auditors Ms Mittal amp Mittal Associates Chartered Accountants to hold ofice from the conclusion of this Annual
General Meeting until conclusion of the next Annual General Meeting and to ix their remuneration
By order of The Northern India Regional Council of ICSI
Notice Of Annual General Meeting
(CSDEVENDERSUHAG)SecretaryNIRC-ICSIPlace New Delhi
Dated 13 July 2021
Note(s)
1 The members are requested to send their queries on inancial accounts andor functioning of NIRC through email
at niroicsiedu at least three (3) days in advance so that answers may be made available at the meeting
2 Members are requested to update the changes in their address(es) e-mail IDs contact details and other
particulars in their respective members account on ICSI portal for enabling NIRC to disseminate information
about activities and programs
3 In order to promote the Green Initiative the ICSI vide its letter dated 21102011 directed all its Regional Councils
to send the Annual Report to the members through electronic mode Accordingly NIRC is sending Annual Report
for the year 2020-21 through e-mail Members may also viewdownload Annual Report from the child portal of
NIRC ICSI (httpswwwicsiedunirohome)
4 Due to COVID-19 no physical copy of Annual Report shall be available for reference of the members
5 Web link to Join Annual General Meeting is (the link will be activated at 0940 AM on 28th httpsbitly3qUlgZZ
July 2021)
ICSI-NIRC Newsletter I July 2021 15
AGM
To
TheMembersofNIRCoftheICSI
REPORTONTHEAUDITOFTHEFINANCIALSTATEMENTS
Opinion
We have audited the accompanying standalone inancial statements of NORTHERNINDIAREGIONALCOUNCILOF
THEINSTITUTEOFCOMPANYSECRETARIESOFINDIANew Delhi which comprise the Balance Sheet as at 31st March
2021 and the statement of Income and Expenditure Cash Flow and a summary of the signiicant accounting policies and
other explanatory information
In our opinion and to the best of our information and according to the explanations given to us said Balance Sheet the
Income and Expenditure Account and Cash Flow Statement read together with the Schedule amp Notes thereon give a true
and fair view
1 In so far as it relates to the Balance Sheet of the State of Affairs of the NIRC of the ICSI as at 31st March 2021 and
2 In so far as it relates to the Income amp Expenditure account of the Excess of Income over the Expenditure of the
NIRC of the ICSI for the year ended on that date
3 In so far as it relates to the Cash Flow Statement of Cash Flow of the NIRC of the ICSI for the year ended on that
date
BasisforOpinion
We conducted our audit in accordance with the Standards on Auditing (SAs) generally accepted in India Our
responsibilities under those Standards are further described in the Auditors Responsibilities for the Audit of the
Financial Statements section of our report We are independent of the Entity in accordance with the Code of Ethics
issued by the Institute of Chartered Accountants of India together with the ethical requirements that are relevant to our
audit of the inancial statements and we have fulilled our other ethical responsibilities in accordance with these
requirements and the Code of Ethics We believe that the audit evidence we have obtained is suficient and appropriate
to provide a basis for our opinion
ResponsibilityoftheManagementfortheFinancialStatements
The NIRC of the ICSI are responsible for the preparation of these inancial statements that give a true and fair view of the
inancial position and inancial performance and cash low of NIRC of the ICSI in accordance with the accounting
principles generally accepted in India and formulated by the ICSI This responsibility also includes maintenance of
adequate accounting records in accordance with the applicable provisions for safeguarding the assets of the NIRC of the
ICSI and for preventing and detecting frauds and other irregularities selection and application of appropriate
accounting policies making judgments and estimates that are reasonable and prudent and design implementation and
maintenance of adequate internal inancial controls that were operating effectively for ensuring the accuracy and
completeness of the accounting records relevant to the preparation and presentation of the inancial statements that
give a true and fair view and are free from material misstatement whether due to fraud amp error
Independent auditorrsquos report
ICSI-NIRC Newsletter I July 2021 16
AGM
AuditorsResponsibilitiesfortheAuditoftheFinancialStatementsOur objectives are to obtain reasonable assurance about whether the inancial statements as a whole are free from
material misstatement whether due to fraud or error and to issue an auditors report that includes our opinion
Reasonable assurance is a high level of assurance but is not a guarantee that an audit conducted in accordance with SAs
will always detect a material misstatement when it exists Misstatements can arise from fraud or error and are
considered material if individually or in the aggregate they could reasonably be expected to inluence the economic
decisions of users taken on the basis of these inancial statements
As part of an audit in accordance with SAs we exercise professional judgment and maintain professional skepticism
throughout the audit We also
bull Identify and assess the risks of material misstatement of the inancial statements whether due to fraud or
error design and perform audit procedures responsive to those risks and obtain audit evidence that is
suficient and appropriate to provide a basis for our opinion The risk of not detecting a material misstatement
resulting from fraud is higher than for one resulting from error as fraud may involve collusion forgery
intentional omissions misrepresentations or the override of internal control
bull Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and
related disclosures made by management
bull Conclude on the appropriateness of managements use of the going concern basis of accounting and based on
the audit evidence obtained whether a material uncertainty exists related to events or conditions that may cast
signiicant doubt on the Entitys ability to continue as a going concern If we conclude that a material
uncertainty exists we are required to draw attention in our auditors report to the related disclosures in the
inancial statements or if such disclosures are inadequate to modify our opinion Our conclusions are based on
the audit evidence obtained up to the date of our auditors report However future events or conditions may
cause the Entity to cease to continue as a going concern
bull Evaluate the overall presentation structure and content of the inancial statements including the disclosures
and whether the inancial statements represent the underlying transactions and events in a manner that
achieves fair presentation
Furtherwereportthat a) We have obtained all the information and explanations which to the best of our knowledge and belief were
necessary for the purpose of our audit
b) In our opinion proper books of accounts as required by law amp ICSI have been kept by the Regional Council
so far as it appears from our examination of books amp records
c) The Balance Sheet the Income and Expenditure Account and Cash Flow Statement are in agreement with
the books of accounts presented before us
d) In our opinion Income and Expenditure Account Balance Sheet and Cash Flow Statement comply with the
accounting guidelines as adopted by the Institute
For MITTAL amp MITTAL ASSOCIATES
CHARTERED ACCOUNTANTS
Firm Regn No 014511N
Sd-
(CAMUKESHMITTAL)
Membership No 092534
Partner Place New Delhi
Date 01062021
UDIN 21092534AAAADH2668
ARTICLES
Introduction
A change always have positive and negative effects Same happened with this law called Goods and Service Tax BJP
Government was trying to introduce this concept since 2002 The committee for GST was formed in the year 1999 by our
Prime Minister Atal Bihari Vajpayee It was our Prime Minister who in the year 1999 understood that there shall be
single indirect tax system among the country to reduce the burden on the businessman But the approval from the
opposition took too long to implement Just like said earlier that changes always lead to discussions and disagreement st
GST was the idea of Mr Atal Bihari Vajpayee and came into force under the Modi Government on 01 July 2017 midnight
Along with opposition party (congress) businessmen common people shopkeepers etc were against the government
It was hard for them to accept GST
WhichcountryGSTModelAdoptedbyIndia
GST was irst adopted by France in the year 1954 with 4 tax slab rates (21 55 10 and 20) Amongst the tax
rates 20 is the standard rate applicable to most of the goods in France After France more than 140 countries adopted
GST model and some of the countries adopted Dual-GST model Canada is one of the country with dual GST model and
India adopted the same
Dual-GST It is referred where tax is collected by federal government and then distributed to respective states
WhyGSTwasimplementedinIndia
The main objective of GST implementation was to eliminate double taxation ie from manufacturing level to
consumption level Earlier VAT and sales tax was part of indirect tax and manufactures were liable for VAT and consumer
was liable for Sales tax due to which price of the product used to increase For the beneit of the nation GST came into
effect in the year 2017 despite of any reluctance to the changes
Earlier many were against the GST model but slowly and steadily they understood that with the introduction of GST the
pricing of the product has been made easy and cost of some products has been introduced With the introduction of GST
businesses are able to earn proit because of One Nation One Tax formula
Since the launch of GST government implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull 025 applied to cut and semi-polished stones
bull 5 on household necessities such as sugar spices tea and coffee
bull 12 on computers and processed food
bull 18 on toothpaste hair oil soap etc
bull 28 to luxury items such as cigarettes cars bike refrigerators etc
Goods andService TaxCS Yati Mittal ACS
csyatimittalgmailcom
ARTICLE
ICSI-NIRC Newsletter I July 2021 18
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TypesofGST
1 Central Goods and Service Tax (CGST) It is charged on the intra state supply of products and services
2 State Goods and Service Tax It is charged on the supply of products and services within the state
3 Integrated Goods and Service Tax It is charged on the inter state supply of products and services
4 Union Territory Goods and Service Tax It is charged on the supply of goods and services of Union Territories
HowtoavailGSTNumber
Under GST regime below persons are required to obtain GST IN number
1 Any businesses whose turnover exceeds Rs 40 Lakh in a inancial year for a normal category states and
Rs20 lakh for a special category states
2 Person registered under previous law (VAT Service Tax)
3 Registered business that has been transferred
4 Person making inter-state supplies
5 Non-resident taxable person
6 Agents of the supplier
7 Those paying tax under reverse charge mechanism
8 Person supplying online information and database access or retrieval
9 Person who supplies via e-commerce aggregator
Eligible persons are required to follow below mentioned steps to obtain GST IN number
1 Visit GST Portal
2 Click on Registration tab under Services tab and select NewRegistration
3 An application form will be opened which is divided in two parts ie Part A and B
4 Eligible persons are required to ill in the details so asked and submit the same
5 After submitting the required details ARN (Application reference number) will be sent to the registered
email id and mobile number for future reference
GSTFilingStructure
There are three types of GST taxpayer
Regular Taxpayers Composition TaxablePersons
Returns forSpeciic Transactions
ICSI-NIRC Newsletter I July 2021 19
ARTICLE
A RegularTaxpayers
Form GSTR-1 and GSTR-3B are to be iled by businesses and professionals registered with GST every month if their
annual turnover is exceeds Rs 5 crore Other taxpayer had an option to choose a quarterly return iling
From the quarter January 2021 even the businesses and professional whose turnover exceeds Rs 5 crore has an
option to opt for QRMP (Quarterly Return and Monthly Payment) Scheme where they can ile GSTR-1 and 3B
quarterly with monthly estimated GST payment
B CompositionTaxablePersons
A person registered under this scheme has to ile Form CMP-08 quarterly and Form GSTR-4 yearly by 30 April from
year 2019-2020 onwards Till FY 2018-19 persons registered under this scheme were liable to ile Form GSTR-4
quarterly and GSTR-9A annually
C ReturnsforSpeciicTransactions
Special transactions under GST have been deined with speciic GST returns such as
bull GSTR-5It is iled by non-resident foreign taxpayers who are registered with GST and carry their business in
thIndia It shall be iled by 20 of each month
bull GSTR-5A It is a summary return for reporting the outward taxable supplies and tax payable by Online
thInformation and Database Access or Retrieval Services (OIDAR) provider under GST It shall be iled by 20 of
each month
bull GSTR-6 It is iled by Input Service Provider This form carry the details of input tax credit received and
thdistributed It shall be iled by 13 of each month
bull GSTR-7It is iled by person who are liable to deduct TDS This form will contain details of TDS payable paid and
thclaimed It shall be iled by 10 of every month
bull GSTR-8Return iled by e-commerce operators registered under GST and who collects Tax at source (TCS) The
threturn shall be iled by 10 of every month
Conclusion
Persons businesses professionals registered GST has to ile the form as per the dates prescribed They will not be able to
ile any next return if any month quarter or year return is pending from their sides Moreover if there is any late iling
then interest and late fees are being calculated Following are the interest rates and penalties that are being levied on
late submission of forms
bull Interest 18 pa shall be calculated on the outstanding amount It shall be calculated on the net tax liability in
the ledger The interest shall be levied from the very next day of due date of actual date of form iling
bull As per CGST and SGST Rs 100- per day each late fees is levied which shall not exceed Rs 5000- No late fee is
prescribed under IGST
ICSI-NIRC Newsletter I July 2021 20
GST stands for Goods and Services Tax which became effective from July 1 2017 in India as one tax one nation It is an
Indirect tax which introduced to replacing a host of other Indirect taxes such as value added tax service tax purchase
tax excise duty and so on
GST is a destination-based tax levied on the consumption of goods and services across the nation thus rendering the
country one uniied common market
GST is a multi-stage tax system which is comprehensive in nature and applied on the sale of goods and services
throughout India
Aim The main aim of this taxation system is to curb the cascading effect of other indirect taxes
The goods and services tax (GST) is a value-added tax levied on most goods and services sold for domestic consumption
The GST is paid by consumers in addition of the sales price of the product but it is remitted to the government by the
businesses selling the goods and services
goods andservice tax (gst)
ARTICLE
ICSI-NIRC Newsletter I July 2021 21
CS Parul Jain ACS
csparulnishujain10121gmailcom
Destination-based tax vs Origin-based tax
A destination-based tax is one which is levied in the state where the goods or services are consumed and not where they
are produced On the other hand an origin-based tax is levied in the state where goods or services are produced (not
consumed) The views expressed are personal views of the author
and it should not be taken as views of the NIRC-ICSI
ARTICLE
GST is paid by the different businesses at different rates in the following manner
Manufacturer The manufacturer pays GST on the raw material that is purchased and the value that has been added to
make the product However the tax that has been paid by the manufacturer is reduced from the overall GST that must be
paid
Service Provider The service provider pays GST on the amount that is paid for the service provided and the value that
has been added to it
Retailer The retailer pays GST on the product that has been purchased from the distributor as well as the margin that
has been added However the tax that has been paid by the retailer can be reduced from the overall GST that must be
paid
Consumer GST must be paid on the product that has been purchased by the consumer
History of GST
On July 1st 2017 the Goods and Services Tax implemented in India But the process of implementing the new tax regime
commenced a long time ago In 2000 Atal Bihari Vajpayee then Prime Minister of India set up a committee to draft the
GST law
In 2006 Finance Minister proposed the introduction of GST from 1st April 2010 and in 2011 the Constitution
Amendment Bill passed to enable the introduction of the GST law In 2012 the Standing Committee started discussions
about GST and tabled its report on GST a year later In 2014 the new Finance Minister at the time Arun Jaitley
reintroduced the GST bill in Parliament and passed the bill in Lok Sabha in 2015 Yet the implementation of the law
delayed as it was not passed in Rajya Sabha
GST went live in 2016 and the amended model GST law passed in both the house The President of India also gave assent
In 2017 the passing of 4 supplementary GST Bills in Lok Sabha as well as the approval of the same by the Cabinet Rajya
Sabha then passed 4 supplementary GST Bills and the new tax regime implemented on 1st July 2017
Tax Laws Before the Implementation of GST
The Centre and the State used to collect tax separately Depending on the state the tax regimes were different
Even though import tax was levied on one individual the burden was levied on another individual In the cases of direct
tax the taxpayer must pay the tax
Prior to the introduction of GST direct and indirect taxes were present in India
Direct Taxes Refers to the taxes which are paid straight by an individual on whom it is imposed For instance Property
Tax Wealth Tax Gift tax and Income tax etc
Indirect Taxes Refers to the taxes which are charged as a burden reduction for others For instance Excise Duty Service
and Sales tax etc
India established a dual GST structure in 2017 which was the biggest reform in the countrys tax structure in decades
The main objective of incorporating the GST was to eliminate tax on tax or double taxation which cascades from the
manufacturing level to the consumption level
ICSI-NIRC Newsletter I July 2021 22
ARTICLE
India has since launching the GST on July 1 2017 implemented the following tax rates
bull A 0 tax rate applied to certain foods books newspapers homespun cotton cloth and hotel services
bull A rate of 025 applied to cut and semi-polished stones
bull A 5 tax on household necessities such as sugar spices tea and coffee
bull A 12 tax on computers and processed food
bull An 18 tax on hair oil toothpaste soap and industrial intermediaries
The inal bracket taxing goods at 28 applies to luxury products including refrigerators ceramic tiles cigarettes cars
and motorcycles
The previous system with no GST implies that tax is paid on the value of goods and margin at every stage of the
production process This would translate to a higher amount of total taxes paid which is carried down to the end
consumer in the form of higher costs for goods and services The implementation of the GST system in India is therefore
a measure that is used to reduce inlation in the long run as prices for goods will be lower
ICSI-NIRC Newsletter I July 2021 23
TaxRates Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
GST also gives a major push to domestic industries as they will be able to procure seamless input credit for capital goods
Make in India campaign is set to lourish after this reform
ARTICLE
TypesofGST
The four different types of GST are given below
ICSI-NIRC Newsletter I July 2021 24
Central Goods and Services Tax (CGST) CGST is charged on the intra state supply of products and services
Individuals who pay tax as per the reverse change mechanism Central goods and service tax is the amount which is
channelled to the central government of revenue department which is equal to SGST The speciic tax amount is for
remuneration for loss of the already existing excise duties which is supposed to be paid to the central government In
such a scenario of the regional sales the remaining 50 share of GST is sent to the CGST
StateGoodsandServicesTax (SGST) SGST like CGST is charged on the sale of products or services within a stateState
Goods and Service Tax is the integral part of tax which is transferred to the state government and state revenue
department This remunerates the loss of present Sales Tax and VAT to state government It is where the 50 share of
total tax imposed is transferred to the SGST tax
IntegratedGoodsandServicesTax (IGST) IGST is charged on inter-state transactions of products and servicesIGST
stands for the Integrated Goods and Services Tax which is imposed when the state-to-state sales and procurement is in
transition A speciic share is sent to the central government along with the partner state to which the goods and services
belong to The IGST is levied only when the two states procurement and sales take place
ARTICLE
RegistrationunderGST
It is mandatory for all Service providers buyers and sellers to register A business that makes a total income of Rs20
lakhs and more in a inancial year must be required to do GST registration It takes 2-6 working days to process
The below mentioned entities and individuals must register for Goods and Services Tax
middot E-commerce aggregators
middot Individuals who supply through e-commerce aggregators
middot Agents of input service distributors and suppliers
middot Non-Resident individuals who pay tax
middot Businesses that have a turnover that is more than the threshold limit
middot Individuals who have registered before the GST law was introduced
Any company that is eligible under GST must register itself in the GST portal created by the Government of India The
registered entities will get a unique registration number called GSTIN
A 15-digit distinctive code that is provided to every taxpayer is the GSTIN The GSTIN will be provided based on the state
you live at and the PAN Some of the main uses of GSTIN are mentioned below
w Loans can be availed with the help of the number
w Refunds can be claimed with the GSTIN
w The veriication process is easy with the help of the GSTIN
w Corrections can be made
The GST registration certiicate is issued in Form GST REG-06 The certiicate is not issued physically It is available in
digital format only A GST Certiicate is an oficial document that is issued by the concerned authorities for a business
that has been enrolled under the GST system GST Certiicate contains GSTIN Legal Name Trade Name Constitution of
Business Address Date of liability Period of Validity Types of Registration Particulars of Approving Authority
Signature Details of the Approving GST oficer and Date of issue of a certiicate
GST E-Way Bill
An electronic document that is generated to show proof of goods movement is the E-Way bill We can generate the bill
from the GST portal
BeneitsofGST
ICSI-NIRC Newsletter I July 2021 25
ARTICLE
The following are the advantages of goods and services tax in India
bull Regulation of the unorganised sector
bull E-commerce operators no longer suffer from differential treatment
bull Fewer complications
bull Composition scheme
bull Registration process and iling of returns are simple
bull Higher threshold
bull Elimination of the cascading tax effect
GoodsandServicesTaxNetwork
The GSTN is the Goods and Services Tax Network which is responsible for managing the IT system concerning the GST
Portal It is a non-proit non-government organization and is the database for the oficial GST Portal
The features of the GSTN can be listed as follows
bull Keeping the information of all the taxpayers safe and secure
bull Maintaining conidentiality of the taxpayers information
bull It is a trusted National Information Utility (NIU)
GSTN is responsible for handling
bull The invoices
bull The registrations
bull The payments and refunds (if any)
bull Different types of returns
GSTReturns
A GST Returns is a document that contains information about the income that a taxpayer must ile with the authorities
This information used to compute the taxpayers tax liability Under the Goods and Services Tax registered dealers must
ile their GST returns with details regarding their purchases sales input tax credit and output GST Businesses are
expected to ile 2 monthly returns as well as an annual return
Currently the GST is paid every month The GSTR-1 and GSTR-3B must be iled In the case of refunds the relevant forms
must be submitted as well GST payments can be made both online and ofline Once the payment has made a challan is
generated
TypesofGSTReturnsandDuedates
GSTR-1
GSTR-1 is the return to be furnished for reporting details of all outward supplies of goods and services made In other
words it contains the invoices and debit-credit notes raised on the sales transactions for a tax period GSTR-1 is to be
iled by all normal taxpayers who are registered under GST including casual taxable persons
ICSI-NIRC Newsletter I July 2021 26
ARTICLE
Monthlyby11thofeverysucceedingmonthif the business either has an annual aggregate turnover of more than Rs5
crore or has not opted into the QRMP scheme
Quarterlyby13thofthemonthfollowingeveryquarterif the business has opted into the QRMP scheme
GSTR-2A
GSTR-2A is a view-only dynamic GST return relevant for the recipient or buyer of goods and services It contains the
details of all inward supplies of goods and services ie purchases made from GST registered suppliers during a tax
period
GSTR-2B
GSTR-2B is again a view-only static GST return important for the recipient or buyer of goods and services
GSTR-2B provides action to be taken against every invoice reported such as to be reversed ineligible subject to reverse
charge
ICSI-NIRC Newsletter I July 2021 27
ARTICLE
GSTR-3B
GSTR-3B is a monthly self-declaration to be iled for furnishing summarised details of all outward supplies made input
tax credit claimed tax liability ascertained and taxes paid
GSTR-3B is to be iled by all normal taxpayers registered under GST The sales and input tax credit details must be
reconciled with GSTR-1 and GSTR-2B every tax period before iling GSTR-3B GST reconciliation is crucial to identify
mismatches in data that may lead to GST notices in future or suspension of GST registration as well
The iling frequency of GSTR-3B is currently as follows
thMonthly 20 of every following month for taxpayers with an aggregate turnover in the previous inancial year of more
than Rs5 crore or have been otherwise eligible but still opted out of the QRMP scheme
thQuarterly 24 of every following month of the quarter ended for the taxpayers with aggregate turnover is less than or
equal to Rs 5 crore eligible and remain opted into the QRMP scheme
ICSI-NIRC Newsletter I July 2021 28
GSTR-4
GSTR-4 is the annual return that was to be iled by the composition taxable persons under GST by 30th April of the year
following the relevant inancial year It has replaced the erstwhile GSTR-9A (annual return) from FY 2019-20 onwards
Prior to FY 2019-20 this return had to be iled on a quarterly basis Thereafter a simple challan in form CMP-08 iled by
18th of the month succeeding every quarter replaced it
ARTICLE
The composition scheme is a system in which taxpayers dealing with goods and having a turnover up to Rs15 crores can
opt into and pay taxes at a ixed rate on the turnover declared
GSTR-5
GSTR-5 is the return to be iled by non-resident foreign taxpayers who are registered under GST and carry out business
transactions in India
The return contains details of all outward supplies made inward supplies received creditdebit notes tax liability and
taxes paid
The GSTR-5 return is to be iled monthly by the 20th of each month under GSTIN that the taxpayer is registered in India
GSTR-5A
GSTR-5A refers to a summary return for reporting the outward taxable supplies and tax payable by Online Information
and Database Access or Retrieval Services (OIDAR) provider under GST
The due date to ile GSTR-5A is the 20th of every month
GSTR-6
GSTR-6 is a monthly return to be iled by an Input Service Distributor (ISD)
It will contain details of input tax credit received and distributed by the ISD It will further contain details of all
documents issued for the distribution of input credit and the manner of distribution
The due date to ile GSTR-6 is the 13th of every month
GSTR-7
GSTR-7 is a monthly return to be iled by persons required to deduct TDS (Tax deducted at source) under GST
This return will contain details of TDS deducted the TDS liability payable and paid and TDS refund claimed if any
The due date to ile GSTR-7 is the 10th of every month
GSTR-8
GSTR-8 is a monthly return to be iled by e-commerce operators registered under the GST who are required to collect tax
at source (TCS)
It contains details of all supplies made through the e-commerce platform and the TCS collected on the same
The GSTR-8 return is to be iled on a monthly basis by the 10th of every month
ICSI-NIRC Newsletter I July 2021 29
ARTICLE
GSTR-9
GSTR-9 is the annual return to be iled by taxpayers registered under GST It is due by 31st December of the year
following the relevant inancial year as per the GST law
It contains the details of all outward supplies madeinward supplies received during the relevant inancial year under
different tax heads ie CGST SGST amp IGST and a summary value of supplies reported under every HSN code along with
details of taxes payable and paid
It is a consolidation of all the monthly or quarterly returns (GSTR-1 GSTR-2A GSTR-3B) iled during that inancial year
GSTR-9 is required to be iled by all taxpayers registered under GST
However there are few exceptions such as taxpayers who have opted for the composition scheme casual taxable
persons input service distributors non-resident taxable persons and persons paying TDS under section 51 of the CGST
Act
GSTR-9C
GSTR-9C is the reconciliation statement to be iled by all taxpayers registered under GST whose turnover exceeds Rs2
crore in a inancial year as per the GST law
It must be certiied by a Chartered AccountantCost amp Management Accountant after conducting a thorough GST audit
of the books of accounts and comparing the igures with the GSTR-9
The deadline to ile this statement is the same as the due date prescribed for GSTR-9 ie 31st December of the year
following the relevant inancial year
GSTR-9C is to be iled for every GSTN hence one PAN can have multiple GSTR-9C forms being iled
GSTR-10
GSTR-10 is to be iled by a taxable person whose registration has been cancelled or surrendered This return is also
called a inal return and has to be iled within three months from the date of cancellation or cancellation order
whichever is earlier
GSTR-11
GSTR-11 is the return to be iled by persons who have been issued a Unique Identity Number (UIN) in order to get a
refund under GST for the goods and services purchased by them in India UIN is a classiication made for foreign
diplomatic missions and embassies not liable to tax in India for the purpose of getting a refund of taxes GSTR-11
contains details of inward supplies received and refund claimed
LateilingofGSTReturns
Return iling is mandatory under GST Even if there is no transaction you must ile a Nil return
You cannot ile a return if you do not ile the previous monthquarters return
Hence late iling of GST return will have a cascading effect leading to heavy ines and penalty
The late iling fee of the GSTR-1 is populated in the liability ledger of GSTR-3B iled immediately after such delay
ICSI-NIRC Newsletter I July 2021 30
ARTICLE
InterestandLatefeetobepaid
Interest is 18 per annum It has to be calculated by the taxpayer on the amount of outstanding tax to be paid It shall be
calculated on the net tax liability identiied in the ledger at the time of payment The time period will be from the next day
of iling due date till the actual date of payment
As per the CGST Act the late fee is Rs 100 per day per Act So it is Rs100 under CGST amp Rs 100 under SGST The total
shall be Rs 200day However there is a maximum levy of Rs 5000 There is no late fee separately prescribed under the
IGST Act Also for GSTR-1 and GSTR-3B the total late fee was reduced to Rs 50 day (Rs20 day for Nil iling)
Conclusion
The goods and services tax (GST) is a tax on goods and services sold domestically for consumption The tax is included in
the inal price and paid by consumers at point of sale and passed to the government by the seller The GST is a common
tax used by the majority of countries globally The GST is usually taxed as a single rate across a nation
Every year 1st of July is commemorated as the Financial Independence Day across the country whereupon the entire
MOP (Member of Parliament) took part in the Parliament house function The transformation of the GST jurisdiction
which was approved by +150 countries is not so easy to get done It was not just the complexities but also the confusions
were expected to pop up In a country like India there is a possibility of such complexities
ICSI-NIRC Newsletter I July 2021 31
GSTndashOneNationOneTax
GST an area of Vast Opportunities for the Professionals The Goods and Services Tax (GST) is a major taxation reform till
date implemented in India since independence which has replaced many indirect taxes in India such as the Excise duty
VAT services tax additional customs duty surcharges and Octroi etc The Goods and Service Tax Act was passed in the
thParliament on 29 March 2017 and came into effect on 1st July 2017The Parliament has enacted the Central Goods and
Services Tax Act 2017 (CGST Act) while the respective states have enacted their own law The Parliament has also
enacted the Union Territory Goods and Services Tax Act 2017 (UTGST Act) for taxation of intra-state supply within the
Union territories of the Country
GST is a tax which is levied on the supply of goods and services and the tax is levied at every point of sale GST Law in India
is a comprehensive multi-stage destination-based tax that is levied on every value addition GST laws have impacted
the life of the many professionals Enactment of GST Law in India is favorable for Tax Systems growth and prosperity of
our nation
NeedofGST
With the enactment implementation of GST Law new rules and amendments introduced in the taxation system The
Tax system has been improved and everything is required to do in the bracket of GST subsuming all the previously
applicable indirect taxes
ARTICLE
ICSI-NIRC Newsletter I July 2021 32
ldquocompany secretary asgst professionalrdquo
CS Lalit Rajput ACS
lalitrajput537gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
TaxesunderGST
ICSI-NIRC Newsletter I July 2021 33
3MajorComponentsofGST
CGST SGST IGST
Ta x c o l l e c t e d b y t h e C e n t r a l
Government on an intra-state sale
Tax collected by the state government
on an intra-state sale
Ta x c o l l e c t e d b y t h e C e n t r a l
Government for an inter-state sale
Revenue - Shared equally between the Centre and the State Centre will share the IGST revenue
based on the destination of goods
GSTndashAnEmergingopportunityforCompanySecretaryProfessionals
ldquoOpportunitiesknockonlyonceatyourdoorrdquo-GSTisanopportunityforprofessionalslikeuswhich
providesanopportunitytoservelearnandearn
GST law is a consolidation of many indirect taxes laws amprules with the inputs rendered by the tax authorities GST
provides an opportunity to every professional including Company Secretaries (CS) Member of the ICSI to learn and
grow with the new Tax System Structure regardless of competition with experienced professionals of the ield as this
system is new and emerging for all
After the enactment of GST Law in the country the opportunities for professionals in the area of accounting services and
tax management have increased signiicantly and so the role of Professionals including Company Secretaries We
Company Secretaries can help businesses organizations to understand the necessary document needs which are
required to submit for GST registration and relevant GST compliance post registration with the concerned authority It is
our duty and responsibility as Governance Professionals to take interest in emerging opportunity provided by the
Finance Ministry new taxation system to understand fully and then advise concerned people organization accordingly
GST is a new career opportunity for us The requirement of GST experts professionals in the market is at peak due to
various economic reforms of the nation The newness of the GST concept and due to several changes came in this law
lucrative career opportunities have been creating in GST regime for GST professionals experts Due to the increased
emphasis in GST reforms the hiring intensity for GST professionals is at an overall high There has been a huge demand
for the GST talent experts in all the business verticals due to the criticality of the subject
ARTICLE
This is the right time to become a GST experts professional and take home hefty salary packages But since the level of
professional GST expertise required in the industry is high one has to be careful ampremain updated with all the latest
concepts of GST laws
GSTCoursepromotedbyICSI
As the demand of GST professionals has been increased in the industry The Institute of Company Secretaries of India
(ICSI) In order to give suficient practical knowledge of GST has come up with Certiicate course in GST Law which is an
advanced level course and shall test a candidates knowledge of various concepts of GST along with the transitional
issues The candidates successfully complete the Course are awarded a Certiicate by ICSI
This course enables members to understand the key areas of impact in their business prepare different scenarios for
the design and application of GST identify areas of adverse impact and prepare contingency measures examining legal
documentation for recovery of taxes on existing transactions etc
RoleofCompanySecretariesunderGSTRegime
Company Secretaries Members of ICSI are LawExpertsandComplianceMaster Under section 203 of the Companies
Act 2013 Company Secretary has been deined as KMPs ie Key Managerial Personnel means person who is in-
charge of maintaining the high standard of Corporate Governance by abiding laws and regulations in timely complied
manner In other countries Company Secretary is called as Corporate Secretary as he is responsible to take care of all the
compliances with statutory and regulatory requirements
Company Secretaries can play an important role in GST Regime Company Secretaries can act as a Consultant facilitator
and an advisor to the Corporates They can ensure smooth rollout of GST Law in India To minimize tax and smooth
implementation of GST the business would require restructuring their system and Company Secretary can render
required service to and ensure proper restructuring of business
ListofsomeactivitiesandComplianceMattersthatcanbeundertakenbyaCompanyundertheGST
Regime
1RegistrationofvariousBusinessformsundertheGSTLaws
As we all know that there is no professional certiication required to ile registration of any business form with the GST
Authorities Therefore a Company Secretary professional can also render registration services to the industry
2FilingofGSTReturnswiththeGSTAuthorities
To ile GST Returns whether monthly quarterly at GST Portal for all types of Business forms there is no professional
attestation certiication required Hence a Company Secretary professional with expertisein the GST matters can also
render registration services
3ConsultancytotheEntrepreneursandRestructuringtheirBusinessSystem
Being a Company Secretary we have been always considered as Corporate Law experts We dont need any Taxation
Degree to provide consultancy on the GST matters We can comprehensively interpret the law of GST and provide
complete guidance and advisory to the business entities
4Submissionofvariousreturnsinatimeboundmanner
We are responsible for the eficient and timely administration of the company and speciically ensuring statutory and
regulatory compliance We can guide in better compliance and governance and ensure that all activities undertaken to
achieve its aim are in compliance with legal ethical and regulatory requirements
ICSI-NIRC Newsletter I July 2021 34
ARTICLE
5E-waybillsrelatedissues
E-Way Bill is an Electronic Way bill for movement of goods to be generated on the e-Way Bill Portal and is mandatory for
a GST registered person transporting goods exceeding value of Rs 50000 (Single Invoicebilldelivery challan) We can
help the business entities persons registered under GST Law to generate the W-waybill on time
We can help and support business entities in Maintenance of appropriate registers and records of the organization as
required under GST Law regime
6Taxplanning
Tax planning is an important segment for every business We can help the industry owners entrepreneurs by Tax
planning services and helps in increasing availability of cash for investment business or personal needs We are
competent to understand the impact of laws changes modiications and its various alternatives and can be helpful in
proper tax planning under GST
7EnsureadequatestepsmeasureshasbeentakentopreventfromNon-Compliance
Procedural Compliance includes registration iling of returns payments of taxes assessment etc Since a Company
Secretary is already playing the role of a Compliance Oficer under various other laws he can assist in the same under
GST law also
8AmendmentsmodiicationsampClosureofBusiness
We can helps the registered person under GST Law to submit various applications for amendments or modiications
revocation and cancellation of GST Registration
Conclusion
Registration Amendments Closure Compliance Check requirements Audit and due diligence in the matters related to
GST Law in the Corporate Sectors needs a close watch and proper guidance and laws regulations should be followed by
the Company Secretaries Company Secretaries in Practice All the records and disclosures should be made properly
The Corporate Laws including GST becomes more tough and strict against Non ndash Compliances with respect to any
matter The dynamics of the boardroom are changing and chairmen and directors are realizing that they need specialist
skilled and technical knowledgeable person in this area and they are looking to company secretaries to provide this
expertiseWe are skilled expert professionals who understand legal inancial and compliance dimensions of business
entity comprehensively
ICSI-NIRC Newsletter I July 2021 35
GST is one of the biggest taxation reforms of independent India Its main object was to integrate State economies GST is
the most historic indirect tax reform and is implemented with the aim of enhancing the overall growth of the Nation
along with supporting the MakeInIndiainitiative It aims at creating a single uniied Indian market throughout the
Nation It is a comprehensive destination based indirect tax levy of goods as well as services at the national level
Its main objective is to consolidate multiple indirect tax levies into a single tax thus subsuming an array of tax levies
overcoming the limitations of previous indirect tax structure and creating eficiencies in tax administration
GST is a consumption-based tax which is levied on the basis of ldquoDestination principlerdquo The concept relates
to taxing the supply of goods or services at the point of consumption
It is a comprehensive tax regime covering both goods and services and is collected on value-added at each stage of the
supply chain Further GST paid on the procurement of goods and services can be set off against that payable on the
outward supply of goods or services In simple words Goods and Services Tax is a tax levied on goods and services
imposed at each point of supply GST is a national level tax based on value added principle just like State level VAT which
was levied as tax on sale of inter-state goods
The essence of GST is in removing the cascading effects ie tax on tax of both Central and State taxes by allowing setting-
off of taxes throughout the value chain right from the original producer and service
providers point up to the consumer level
GST is a major improvement over existing system of VAT and disjointed Service Tax ushering a collective gain for
industry trade and common consumers as well as for the Central Government and the State Governments at large
GST as a well-designed value added tax on all goods and services is the most elegant method to eliminate distortions
and to tax consumption
Time to time there had been many amendments in GST Act to remove hardness
In starting when GST came many small business men were thinking that this is a burden on them but time to time under
this act many sections were introduced for the ease of business
For example A composition scheme was introduced in this Act
This composition scheme is an option for speciied categories of small taxpayers to pay GST at a very low rate on the base
of turnover
Now this scheme can be opted by small business men whose turnover in preceding inancial year does not exceed Rs 15
Cr and in some speciied categories eg Arunachal Pradesh Uttarakhand Manipur Meghalaya Mizoram Nagaland
Tripura amp Sikkim this limit is Rs75 Lakh
All composition dealer who opts this scheme are not required to do much compliances and they have to ile quarterly
return in place of monthly return iling
ARTICLE
ICSI-NIRC Newsletter I July 2021 36
GST in IndiaCS Sarika Gupta ACS
cssarikaguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
Earlier this scheme was only for manufacturer trader and restaurant service providers
All manufacturer and traders who opt this scheme pay GST rate of 1 while all restaurant service providers pay GST
5 under this scheme
In spite of it anewsection10(2A)is also inserted which allows small service providers providing services other than
restaurant service to opt this scheme on presumption basis Only condition for this scheme is that aggregate turnover
should not exceed Rs 50 Lakh in the previous year In this scheme they have to pay GST 6 (CGST+ SGSTUTGST) on
irst supplies of services up to a value of Rs 50 lakhs made from the date of 1st April of current year
Wecanunderstandthissectionbyoneexample
A photographer Champak Lal has commenced photography service in Delhi from April this year His turnover for
various quarter is as follows
April- June Rs 20 Lakh July ndash Sept Rs 30 Lakh Oct ndash Dec Rs 20 Lakh
He takes registration when his turnover limit is crossed ie after the month of June when turnover limit exceeds Rs 20
Lakhs Now he can opt this scheme because in preceding year his turnover is nil ie below Rs 50 Lakhs
thFor payment of tax under this scheme turnover from 1st April to 30 June will be excluded as this time he did not take
registration in GST
He will pay GST 6 on next Rs 30 Lakh turnover of July to September quarter ie Rs 180000 under this scheme
By end of September month he crosses the eligibility Turnover limit of Rs 50 Lakhs of this scheme so he has to opt out
from this scheme and to adopt normal scheme While during the irst quarter April to June he was not registered in GST
but for eligibility of this scheme turnover of this quarter will also be counted in eligibility limit
Consequently Tax payable for quarter Oct- Dec will be 20 L18 ie Rs 360000 under normal scheme
In the same way earlier all traders and manufacturer who opt this composition scheme were not allowed to provide
services except restaurant services as well as all restaurant service providers also were not allowed to provide other
services except restaurant service
But now Secondprovisotosection10(1)allowsManufacturertraderandrestaurantserviceproviderstosupply
marginal services other than restaurant services along with Goods Restaurant service in CY of value not exceeding
10ofpreviousyearsturnoverorRs500000whichever is Higher
Wecanunderstandthisfromoneexample
Binod is engaged in supply of goods His aggregate turnover in preceding FY is 60 lakh Since his aggregate turnover in
the preceding FY does not exceed 15 crore he is eligible for composition scheme in current FY Further in current FY he
can supply services [other than restaurant services] up to a value of not exceeding
(a) 10 of Rs 60 lakhs ie Rs6 lakh or
Rs 5 lakhs whichever is igher
Thus time to time there are becoming many amendments in this Act for the ease of business In overall we can say GST
(GOODS AND SERVICE TAX) is a GoodandSimpleTax
ICSI-NIRC Newsletter I July 2021 37
GST is known as the Goods and Services Tax It is an indirect tax which has replaced many indirect taxes in India such as
the excise duty VAT services tax etc The Goods and Service Tax Act was passed in the Parliament on 29th March 2017
and came into effect on 1st July 2017
In other words GST is levied on the supply of goods and services Goods and Services Tax Law in India is a
comprehensivemulti-stagedestination-basedtaxthat is levied on everyvalueaddition GST is a single domestic
indirect tax law for the entire country
GSTAdvantages
middot GST is a transparent tax and also reduces the number of indirect taxes
middot GST will not be a cost to registered retailers therefore there will be no hidden taxes and the cost of doing business
will be lower
middot Beneit people as prices will come down which in turn will help companies as consumption will increase
middot There is no doubt that in the production and distribution of goods services are increasingly used or consumed
and vice versa
middot Separate taxes for goods and services which is the present taxation system requires division of transaction
values into value of goods and services for taxation leading to greater complications administration including
compliances costs
middot In the GST system when all the taxes are integrated it would make possible the taxation burden to be split
equitably between manufacturing and services
middot GST will be levied only at the inal destination of consumption based on the VAT principle and not at various
points (from manufacturing to retail outlets) This will help in removing economic distortions and bring about
development of a common national market
middot GST will also help to build a transparent and corruption-free tax administration
middot Presently a tax is levied on when a inished product moves out from a factory which is paid by the manufacturer
and it is again levied at the retail outlet when sold
middot GST is backed by the GSTN which is a fully integrated tax platform to deal with all aspects of GST
GSTDisadvantages
middot Some Economist says that GST in India would impact negatively on the real estate market It would add up to 8
percent to the cost of new homes and reduce demand by about 12 percent
middot Some Experts says that CGST (Central GST) SGST (State GST) are nothing but new names for Central
ExciseService Tax VAT and CST Hence there is no major reduction in the number of tax layers
ARTICLE
ICSI-NIRC Newsletter I July 2021 38
goods and servicestax (gst)
CS Jaspal Singh Dhanjal FCS
cspunjabpoweryahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
middot Some retail products currently have only a four percent tax on them After GST garments and clothes could
become more expensive
middot The aviation industry would be affected Service taxes on airfares currently range from six to nine percent With
GST this rate will surpass ifteen percent and effectively double the tax rate
middot Adoption and migration to the new GST system would involve teething troubles and learning for the entire
ecosystem
What are the components of GST
There are three taxes applicable under this system CGST SGST amp IGST
middot CGST It is the tax collected by the Central Government on an intra-state sale (eg a transaction happening
within Maharashtra)
middot SGST It is the tax collected by the state government on an intra-state sale (eg a transaction happening within
Maharashtra)
middot IGST It is a tax collected by the Central Government for an inter-state sale (eg Maharashtra to Tamil Nadu)
In most cases the tax structure under the new regime will be as follows
ICSI-NIRC Newsletter I July 2021 39
Transaction GSTRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central
ExciseService tax
Revenue will be shared equally between the
Centre and the State
Sale to another State IGST Central Sales Tax + Excise
Service Tax
There will only be one type of tax (central) in
case of inter-state sales The Centre will then
share the IGST revenue based on the destination
of goods
GSTRegistration
AggregateTurnover RegistrationRequired Applicability
EarlierLimitsndashForthesaleofGoodsProvidingServices
Exceeds Rs20 lakh Yes ndash For Normal Category States Up to 31st March 2019
Exceeds Rs10 lakh Yes ndash For Special Category States Up to 31st March 2019
NewLimitsndashForSaleofGoods
Exceeds Rs 40 lakh Yes ndash For Normal Category States From 1st April 2019
Exceeds Rs 20 lakh Yes ndash For Special Category States From 1st April 2019
NewLimitsndashForProvidingServices
There has been no change in the threshold limits for service providers Persons providing services need to register if
their aggregate turnover exceeds Rs 20 lakh (for normal category states) and Rs 10 lakh (for special category states)
ARTICLE
The process by which a taxpayer gets registered under Goods and Service Tax (GST) is GST registration Once the
registration process has been completed the Goods and Service Tax Identiication Number (GSTIN) is provided The 15-
digit GSTIN is provided by the Central Government and helps to determine whether a business is liable to pay GST
WhoiseligibletoregisterunderGST
GST Registration must be completed by the following individuals and businesses
1 Individuals who have registered under the tax services before the GST law came into effect
2 Non-Resident Taxable Person and Casual Taxable Person
3 Individuals who pay tax under the reverse charge mechanism
4 All e-commerce aggregators
5 Businesses that have a turnover that exceeds Rs40 lakh In the case of Uttarakhand Himachal Pradesh Jammu amp
Kashmir and North-Eastern states the turnover of the business should exceed Rs10 lakh
6 Input service distributors and agents of a supplier
7 Individuals who supply goods through an e-commerce aggregator
8 Individuals providing database access and online information from outside India to people who live in India
other than those who are registered taxable persons
TypesofGSTRegistration
Under the GST Act GST Registration can be of various types You must be aware of the different types of GST Registration
before selecting the appropriate one The different types of GST Registration are
NormalTaxpayer
Most businesses in India fall under this category You need not provide any deposit to become a normal taxpayer There is
also no expiry date for taxpayers who fall under this category
CasualTaxablePerson
Individuals who wish to set up a seasonal shop or stall can opt for this category You must deposit an advance amount
that is equal to the expected GST liability during the time the stall or seasonal shop is operational The duration of the
GST Registration under this category is 3 months and it can be extended or renewed
CompositionTaxpayer
Apply for this if you wish to obtain the GST Composition Scheme You will have to deposit a lat under this category The
Input tax credit cannot be obtained under this category
Non-ResidentTaxablePerson
If you live outside India but supply goods to individuals who stay in India opt for this type of GST Registration Similar to
the Casual Taxable Person type you must pay a deposit equal to the expected GST liability during the time the GST
registration is active The duration for this type of GST registration is usually 3 months but it can be extended or
renewed at the type of expiry
ICSI-NIRC Newsletter I July 2021 40
ARTICLE
DocumentsrequiredforGSTRegistration
Here are the documents required to complete GST Registration
1 PAN card
2 Aadhaar card
3 Business address proof
4 Bank account statement and cancelled cheque
5 Incorporation Certiicate or the business registration proof
6 Digital Signature
7 Directors or Promoters ID proof address proof and photograph
8 Letter of Authorisation or Board Resolution from Authorised Signatory
GSTRegistrationViaAuthenticationofAadhaar
New businesses can secure their GST registration with the help of the Aadhaar The process is simple and quick The new
process came into effect from 21 August 2020 The procedure to opt for Aadhaar authentication is mentioned below
1 When you apply for GST registration you will be provided with an option to choose Aadhaar authentication
2 Select YES The authentication link will be sent to the registered email ID and mobile number
3 Click on the authentication link
4 Enter the Aadhaar number and select Validate
5 Once the details have been matched an OTP will be sent to the registered mobile number and email ID
6 Enter the OTP to complete the process You will get the new GST registration within three working days
OnlineGSTRegistrationFees
In case you complete the GST Registration procedure online no fee will be levied Once the relevant documents have
been uploaded an Application Reference Number (ARN) will be sent via SMS and email to conirm the registration
PenaltyforNotRegisteringorLateRegisteringUnderGST
If you do not pay tax or pay a lesser amount than what is due the penalty that is levied is 10 of the due amount (in case
of genuine errors) However the minimum penalty is Rs10000
If you have not registered for GST and are deliberately trying to evade tax the penalty levied is 100 of the due tax
amount
BeneitsofGSTRegistration
The main beneits of GST registration are mentioned below
1 Big projects can be accepted from Multinational Corporations (MNCs)
2 Goods can be sold online
3 Goods can be sold across the country
4 GST registration acts as valid proof as it is a legal entity registration
5 Input tax credit can be availed when any goods or services are being purchased
6 With the help of a GSTIN a current bank account can be opened
7 The GSTIN helps in increasing the brand value of the business
ICSI-NIRC Newsletter I July 2021 41
ARTICLE
GSTRegistrationExemption
The below-mentioned individuals and entities are exempt from GST registration
1 Businesses that manufacture supplies that come under reverse charge
2 Activities that do not come under the supply of goods or services Examples of such activities are the sale of a
building or land funeral services and services provided by an employee
3 Businesses that make non-GST non-taxable supplies Examples are aviation turbine fuel electricity natural
gas high-speed diesel and petrol
4 Businesses that make exempt nil-rated supplies
5 Businesses that fall under the threshold exemption limit
6 Agriculturists
ICSI-NIRC Newsletter I July 2021 42
SrNo Period RsInCrore
1 May 2021 102709
2 April 2021 141384
3 March 2021 123902
4 Feb 2021 113143
5 January 2021 119843
Conclusion
The enforcement of GST has brought in a very transparent system to the country that is also corruption-free The
beneits are far-reaching and are not only business-friendly but consumer-friendly as well This system of taxation has
placed the country well in international trade The Indian market is far more stable now than it ever was With the
application of GST India is in a much better position in the international markets which has positively affected the
economy
GSTndashAhistoricalperspective
Taxes are the prime component of development of any country The revenue from taxation is applied to inance public
goods and services such as infrastructure sanitation transportation and all other amenities which are provided by the
Government to its citizens A tax is a none penal yet compulsory transfer of resources from the private to the public
sector levied on a basis of predetermined criteria and without reference to speciied beneit received
Taxes in India used to be levied by multiple agencies such as Central Government State Governments and some local
authorities such as municipalities There are two types of taxes which are levied in India vizDirect Tax which is levied
directly to an individuals income in the form of Income Tax and Indirect Tax that is paid indirectly by the inal consumer
of goods and services
The source of powers to legislate laws in India is the Constitution of India and the authority to levy a tax is derived from
the Constitution of India which allocates the power to levy various taxes between the Centre and the States Previously
the Centre had the powers to levy tax on the manufacture of goods (except alcoholic liquor for human consumption
opium narcotics etc) while the States had the powers to levy tax on the sale of goods In the case of inter-state sale the
Centre had the power to levy a tax (CST) but the tax was collected and retained entirely by the states As for services it
was the Centre that was empowered to levy service tax
In a nutshell the previous indirect tax regime can be looked at from the point of view of Central and State laws For the
Central Government Central Excise Customs and Service Tax were the three main components For the State
Governments Value Added Tax (VAT) and CST were major taxes along with octroi entertainment tax etc which were in
many cases administered by the local bodies
VATndashThefirststeptowardsIndirectTaxReform
stIntroduction of VAT from 1 April 2005 was considered to be a major step and important breakthrough in the sphere of
indirect tax reform in India Though VAT was a successful move there were certain short-comings in the structure of
VAT This was mainly due to the form of mosaic of taxes being levied on goods and services such as luxury tax
entertainment tax etc not subsumed in the VAT thereby marginalizing the beneits comprehensive tax credit
mechanism The forms of CENVAT and State VAT were remained ineficient in fully removing the cascading effect of
taxes Such taxes added to the cost of goods and services through ldquotax on taxrdquo which the inal consumer has to bear
Variable rates under Excise Duty coupled with multiple valuation systems and various exemptions challenged the VAT
system further A business establishment having ofices in different States was required to follow the laws of the
respective states
ARTICLE
ICSI-NIRC Newsletter I July 2021 43
GOODS AND SERVICES TAX (GST)Culmination of ldquoOne Nation
One Taxrdquo ConceptCS Piyush Jain ACS
jainpiyush692gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
ARTICLE
ChallengesofVATsystem
CENVAT was conined to the manufacturing stage and did not extend to the distribution chain beyond the factory gate
Because of this CENVAT paid on goods could not be adjusted against State VAT payable on subsequent sale of goods
This was the position for CENVAT collected on domestically produced goods and that collected as additional duty of
Customs on imported goods Whereas input tax credit of CENVAT or additional duty of custom was available to service
providers paying service tax they were unable to neutralize the State VAT or other state taxes paid on their purchase of
goods State VAT was payable on the value of goods inclusive of CENVAT and thus the VAT liability of a dealer used to get
inlated by this component without beneit of set off Inter state sale of goods attracted CST levied by the Centre and
collected by states This was an origin based tax and could not be set off against VAT in many situations VAT dealers
were unable to set off Service Tax that they had paid on their procurement of taxable input services
GSTndashthemostsigniicantindirecttaxreforminIndia
In order to address the above challenges of VAT GST was thought upon deliberated and brought in as a signiicant
improvement in the indirect tax regime at national as well as state level GST is one of the signiicant taxation reforms in
India aiming to integrate state economics and boost overall growth by creating a single uniied Indian market to make
the economy stronger
GST is consumption or destination based tax levied on goods and services at national level based on ldquoDestination
Principlerdquo It covers both goods and services and be collected on value added at each stage of the supply chain GST paid
on the procurement of goods and services can be set off against that payable on supply of goods or services GSTs prime
aim is to consolidate multiple Indirect tax levies into a single tax thus subsuming an array of tax levies overcoming the
limitations of VAT and creating eficiencies in tax administration To put it straight GST is not simply VAT plus Service
Tax but a major improvement over existing system of VAT and disjointed Service Tax ushering in the possibility of a
collective gain for industries trade and common consumers as well as for the Central and State Governments
Major Acts subsumed under GST are Excise State VAT laws Service Tax Octroi Entry tax etc
GSTndashAFlashback
In July 2000 the Government of India had set up an empowered Committee of some of the State Finance Taxation
Ministers as members with the objectives of implementation of a uniform loor rate of sale tax by States and UTs phasing
out of Sales Tax based incentive scheme to decide milestones and methods of states to switch over to VAT and to monitor
reforms in the Central Sales Tax system existing in the CountryThe Honble Union Finance Minister in the Central budget
for the year 2007-08 announced that GST would be introduced with effect from 01042010 This was based on the
recommendations of The Kelkar Task Force on indirect taxes However the deadline of April 2010 could not be met
because of the intricacies involved in the GST regime including amendment to the Constitution to give concurrent taxing
powers to the Union and State Governments
A non-Government not for proit private limited company was incorporated in the name of Goods and Services Tax
Network (GSTN) as special purpose vehicle to provide IT infrastructure and services to all the stakeholders including
Governments for implementation of GST The Constitution Amendment Bill introduced in the Lok Sabha in December
2014 was passed in May 2015 which was referred to Select Committee of Rajya Sabha The Bill was passed in August
2016 The Bill was adopted by majority of State legislatures The Bill got the assent of Honble President of India on th8 September 2016 Subsequently in April 2017 four Bills were passed by the Parliament on GST to give effect to the
stproposed system of indirect taxation The Acts came into effect from 1 July 2017
ICSI-NIRC Newsletter I July 2021 44
ARTICLE
GST-RatesandReturns
There are three types of taxes applicable under the GST regime viz CGST collected by the Central Governments on intra-
state sale SGST collected by State Governments on intra-state sale and IGST collected by the Central Government for
inter state sale GST is divided into ive different tax slabs ndash 0 5 12 18 and 28 Petroleum products alcoholic
drinks and electricity are not taxed under GST and continued to be taxed separately by the State Governments as before
In addition a Cess over and above 28 is applied on few luxury items Pre-GST tax rate for most goods was about 265
Post GST most goods fall in 18 bracket of tax rate
The Central Government in July 2017 introduced three returns for GST ie
middot GSTR-1 related to outward supply
middot GSTR-2 related to inward supply
middot GSTR-3 consolidated return including details of GSTR-1 amp 2
With a view to simplify compliances the Government scrapped GSTR-2 and 3 and introduced GSTR-3B which contains
details of inward outward supplies As a result presently only 2 returns viz GSTR-1 and GSTR-3B are iled The returns th th
are to be iled on 10 20 of the following month of GST liability
Regular taxpayers with an annual turnover of upto Rs5 crore are given an option to either pay tax and ile both GSTR-1
and GSTR-3B returns on quarterly basis or to avail an Invoice Furnishing Facility (IFF) under QRMP Scheme ie ile
GSTR-3B on quarterly basis and pay tax and ile IFF every month Taxpayers with an annual turnover of more than Rs 5
crore have to mandatorily ile both returns and pay tax on monthly basis
Further every GST registered taxable person whose turnover during a inancial year exceeds Rs 2 crore has to ile GSTR-st9 till 31 December of the next Financial Year
E-invoicingunderGST
GST was a new concept to the citizens and even to the Government itself The idea behind the introduction of GST
became successful in subsuming various indirect taxes and ease of compliance burden but it also opened gates for new
kinds of frauds by inding loopholes in the system and misusing the opportunities extended by the Government to its
citizens for their economic prosperity Tax leakage and frauds using fake invoices became a taxing problem for the
Government to counter The concept of E-invoicing was introduced in 2020to put an end to such malpractices by
mandating authorisation of every invoice from the Government portal
Under E-invoicing all B2B and Export invoices need to be generated through the Government system ie the Invoice
Registration Portal (IRP) After uploading invoice on IRP an E-invoice is generated which containsa unique Invoice
Reference Number (IRN) and a digitally signed QR code Once an IRN is generated and invoice has been authenticated its
details are made available on the GST portal and EWB portal in real-time The E-invoice can be cancelled within 24 hrs of
generation
E-invoicing was initially applicable tothose businesses exceeding turnover of Rs 500 crore which wasscaled down to
Rs 100 crore within two months Presently from April 2021 it is mandatory for every business with a turnover of more
than Rs50 crores
Its implementation has beneited the Government in plugging the tax leakage It also bridges the gaps in reconciliation
of mismatch invoices faster availability of genuine Input Tax Credit and lesser possibility of intervention by tax
authorities
ICSI-NIRC Newsletter I July 2021 45
ARTICLE
ReverseChargeMechanism
Reverse charge means the liability to pay tax is on the recipient of goods or services instead of the supplier of such goods
or services in respect of notiied categories of supply of goods of services Normally the supplier of goods or services
pays the tax on supply In the case of reverse charge the receiver becomes liable to pay tax ie the chargeability gets
reversed The person who is receiving goods or services pays GST to the Government on behalf of the person who
provides such goods or services and in turn can claim Input Tax Credit if the goods or services received are not in
negative list
ElectronicWayBill
For intra-state interstate movement of goods e-way bill system has been introduced E-way bill is required to be
generated before the commencement of movement of goods only where the value of the consignment exceeds
Rs50000 The time period for the recipient to communicate his acceptance or rejection of the consignment would be
the validity period of the concerned e-way bill or 72 hours whichever is earlier E-way bill is valid for one day up to 100
km and additional one day for every 100 km or part thereafter Form GST EWB ndash 01 is an e-way bill form It contains ldquoPart
Ardquo ie details of goods and ldquoPart Brdquo ie details of vehicle Movement of goods from the place of consigner to the place of
transporter up to a distance of 50 km does not require illing of Part B of the e-way bill The Supplier has to generate Part
A of the e-way bill Implementation of the nation wide E-Way Bill mechanism under GST regime is being done by GSTN in
association with NIC on the portal viz hpsewaybillgstgovin
GSTndashaWorkinProgress
GST one of the steps towards digitisation proved to be a revolutionary tax system for India It has boosted the economy
of the Country by eliminating the drawbacks of the VAT System automation system of tax calculation and enabling
online payment of tax and iling returns which has resulted in the growth of the revenue collection of the Government
Transporting goods from one state to another has become a smoother affair with GST replacing a messy basket of
Central Municipal and State levies Though 4 years have passed since the introduction of the GST regime hiccups and
bottlenecks continue to crop up This could be narrowed down by simplifying rules and procedures GST still being a
work-in progress needs to go a long way to achieve the objective of ldquoOne Nation One Taxrdquo concept
RecognitionofCompanySecretaryunderGoodsandServiceTax
Company Secretaries as competent professionals in the area of Indirect Taxes can get hold of plethora of opportunities
under the Goods and Services Tax Company Secretaries could act as a crucial link to bridge the knowledge gap leading
to fair and voluntary compliance of law and rightful discharge of tax liability by assesses As the gamut of Indirect Tax
expands an ocean of opportunities are being unfolded in front of us The Act itself in Section 48 reads with Rule 83 of the
Central Goods and Services Tax Rules 2017 provides that any person who has passed the Final Examination of the
Institute of Company Secretaries of India (ICSI) is eligible for enrolment as a Goods amp Services Tax Practitioner Such a
person can apply in Form GST PCT-01 on the common portal either directly or through a Facilitation Centre notiied by
the Commissioner for enrolment for registration Further Under Section 116 of Central Goods amp Services Tax Act 2017
read with Rule 84 of the said Rules a Company Secretary is entitled to appear before an oficer appointed under this Act
or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act Apart from this
Company Secretories a responsible oficer in most of the companies get entrusted with responsibilities under GST
ambit and paves the way for strategic thinking for the business development They are well connected with all the
segments right from strategy marketing compliances administration and so on This diversiication of areas of
responsibility will open up more opportunities of career growth for Company Secretaries even to reach at the top
management level
ICSI-NIRC Newsletter I July 2021 46
Goods and Service Tax is an Indirect Tax which has replaced many indirect taxes in India such as the Excise Duty Vat th st
Services Tax etc The Goods and Service Tax was passed in the Parliament on 29 March 2017 and came into effect on 1
July 2017Goods and Service Tax is levied on the supply of Goods and services Goods and Services Tax Law in India is a
comprehensive multi-stage destination-based tax that is levied on everyvaluableadditionGST is a single domestic
indirect tax law for the entire nation The structure of indirect levy in India before the arrival of GST was
ARTICLE
ICSI-NIRC Newsletter I July 2021 47
GOODS AND SERVICES TAX (GST)what is gst in india
CS Ashvini Mohan Dhuri ACS
ashwinidhuri10gmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
Under the GST Regime the tax is levied at every point of sale In the case of intra-state sales central GST and State GST are
charged All the inter-state sales are chargeable to the Integrated GST
AMulti-Stage
middot An item goes through multiple change of hands along its supply chain starting from Manufacture until the Final
sale to the customer like the following
- Purchase of raw materials
- Production or manufacture
- Warehousing of inished goods
- Selling to wholesalers
- Sale of the product to the retailers
- Selling to the end consumers
- The Goods and Services Tax is levied on each of these stages making it a Multi- Stage Tax
ARTICLE
BValueAddition(VA)
ICSI-NIRC Newsletter I July 2021 48
bull A manufacturer who makes biscuits buys lour sugar and other material The value of the inputs increases
when the sugar and lour are mixed and baked into biscuits
bull The manufacturer then sells these biscuits to the warehousing agent who packs large quantities of biscuits in
cartons and labels it This is another addition of value to the biscuits After this the warehousing agent sells it to
the retailer
bull The retailer packages the biscuits in smaller quantities and invests in the marketing of the biscuits thus
increasing its value GST is levied on these value additions ie The monetary value added at each stage to
achieve the inal sale to the end customer
CDestination-Based
Consider goods manufactured in Maharashtra and sold to the inal consumer in Karnataka Since the goods and Service
Tax is levied at the point of consumption the entire tax revenue will go to Karnataka and not Maharashtra
JourneyofGSTinIndia
The GST journey began in the year 2000 when a committee was set up to draft law It took 17 long years from then for the
law to come into existence In 2017 the GST Bill was passed in the Lok Sabha and Rajya Sabha On 1stJuly 2017 the GST
Law came into force
AdvancesofGST
bull Removal of Cascading effect
bull Higher Threshold for GST registration
bull Composition scheme for all small businesses
bull Simpler online facilities for GST compliance
bull Relatively lesser compliances under GST
bull Deined treatment for E-Commerce activities
bull Increased eficiency in logistics
bull Regulating the unorganized sectors
ComponentsofGST
bull CGST CGST is a tax levied on Intra State supplies of both goods and services by the Central Government and will be
governed by the CGST Act
bull SGST SGST is a tax levied on Intra State supplies of both goods and services by the State Government and will be
governed by the SGST Act
bull IGST IGST is a tax levied on all Inter-State supplies of goods andor services and will be governed by the IGST
ARTICLE
Illustration
Let us assume that a dealer in Gujarat had sold the goods to a dealer in Punjab worth Rs 50000 The tax rate is 18
comprising of only IGST Here the dealer has to charge IGST of Rs 9000 This revenue shall go to the Central Government
The same dealer of Gujarat sells goods to a consumer in Gujarat worth Rs 50000The GST rate on goods is 12 This rate
comprises CGST at 6 and SGST at 6The dealer has to collect Rs6000 as Goods and Service Tax Rs 3000 will go to the
Central Government and Rs3000 will go to the Gujarat Government since the sale is within the State
TaxLawsbeforeGST
In the earlier indirect tax regime there were many indirect taxes levied by both the state and the centre States mainly
collected taxes in the form of Value Added Tax (VAT) Every state had a different set of rules and regulations Inter-state
sale of goods was taxed by the centre CST (Central State Tax) was applicable in case of inter-state sale of goods The
indirect taxes such as the entertainment tax octroi and local tax were levied together by state and centre These led to a
lot of overlapping of taxes levied by both the state and the centre For example when goods were manufactured and sold
excise duty was charged by the centre Over and above the excise duty VAT was also charged by the state It led to a tax on
tax effect also known as the cascading effect of taxes The following is the list of indirect taxes in the pre-GST regime
middot Central Excise Duty
middot Duties of Excise
middot Additional Duties of Excise
middot Additional Duties of Customs
middot Special Additional Duty of Customs
middot Cess
middot State VAT
middot Central Sales Tax
middot Purchase Tax
middot Luxury Tax
middot Entertainment Tax
middot Entry Tax
middot Taxes on advertisements
middot Taxes on lotteries betting and gambling
CGST SGST and IGST have replaced all the above taxes
ICSI-NIRC Newsletter I July 2021 49
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST+ SGST VAT + Central
Excise Service Tax
Revenue to be shared equally between Centre and the
State
Sale to another State IGST Central Sales Tax +
excise Service Tax
There will be only one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
ARTICLE
HowhasGSThelpedinPriceReduction
During the pre-GST regime every purchaser including the inal consumer paid tax on tax This condition of tax on tax is
known as the cascading effect of taxesGST has removed the cascading effect Tax is calculated only on the value-addition
at each stage of the transfer of ownership The indirect tax system under GST will integrate the country with a uniform
tax rate It will improve the collection of taxes as well as boost the development of the Indian economy by removing the
indirect tax barriers between states
Illustration
Based on the above example of the biscuit manufacturer lets take some actual igures to see what happens to the cost of
goods and the taxes by comparing the earlier GST regimes
Taxcalculationsinearlierregime
ICSI-NIRC Newsletter I July 2021 50
Action Cost(Rs) Taxrateat10(Rs) InvoiceTotal(Rs)
Manufacturer 1000 100 1100
Warehouse adds a label and
repacks at Rs300
1400 140 1540
Retailer advertises at Rs 500 2040 204 2244
Total 1800 444 2244
The tax liability was passed on at every stage of the transaction and the inal liability comes to a rest with the customer
This condition is known as the cascading effect of taxes and the value of the item keeps increasing every time this
happens
Taxcalculationsincurrentregime
Action Cost(Rs) Taxrateat10(Rs)
Taxliabilitytobedeposited(Rs)
InvoiceTotal(Rs)
Manufacturer 1000 100 100 1100
Warehouse adds a label and
repacks at Rs300
1300 130 30 1430
Retailer advertises at Rs 500 1800 180 50 1980
Total 1800 180 1980
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
ARTICLE
WhataretheNewCompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
1E-WayBills
GST introduced a centralized system of waybills by the introduction of ldquoE-way billsrdquo This system was launched on 1st
April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of goods in a staggered
manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods transported
from the place of its origin to its destination on a common portal with ease Tax authorities are also beneited as this
system has reduced time at check -posts and helps reduce tax evasion
2E-invoicing
The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual aggregate turnover of
more than Rs500 crores in any preceding inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100 crores These businesses must obtain a
unique invoice reference number for every business-to-business invoice by uploading on the GSTNs invoice
registration portal The portal veriies the correctness and genuineness of the invoice Thereafter it authorizes using the
digital signature along with a QR code E-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to the GST portal and the e-way bill portal It
will therefore eliminate the requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way
bills too
3ChangeinRegistrationLimit
Increase in GST registration limit from Rs 20 lakhs up to Rs 40 lakhs for suppliers of goods Changes in the existing
composition scheme made by increasing the turnover limit to join the scheme up to Rs 15 crores tax payments to be
made quarterly and returns to be iled annually starting 1st April 2019
4Variousotheramendments
43rd GST Council meeting will take place on 28th May 2021 (Friday) at 11 AM via video conferencing and will be
chaired by Union FM Nirmala Sitharaman
middot Section 16 amended to allow taxpayers claim of input tax credit based on GSTR-2A and 2B Henceforth ITC on
invoices and debit notes may be availed only when the details of such invoice or debit note have been furnished
by the supplier in the statement of outward supplies and such details have been communicated to the recipient
of such invoice or debit note
middot Section 50 of the CGST Act is being amended to provide for a retrospective charge of interest on net cash liability
with effect from 1st July 2017
middot With respect to orders received on detention and seizure of goods and conveyance 25 of penalty needs to be
paid for making an application for appeals under section 107 of the CGST Act Date of applicability is yet to be
notiied
ICSI-NIRC Newsletter I July 2021 51
ARTICLE
middot GST audit requirement by speciic professionals such as CAs and CMAs has been removed from the GST law
Section 35 and 44 has been amended in this regard As per the amendment only GSTR-9 annual returns on a self-
certiication basis need to be iled on the GST portal by taxpayers completely removing the requirement for
GSTR-9C ie the reconciliation statement However the inancial year and date of applicability are yet to be
clariied by the government
middot Section 7 of the CGST Act was amended to include a new clause under the deinition of supply Activities or
transactions involving the supply of goods or services by any person other than an individual to its members or
constituents or vice-versa for cash deferred payment or other valuable consideration falls under supply and
will be liable to tax Earlier this supply would have been considered as only supply of goods under schedule II So
the scope is expanded now for levy
middot Seizure and coniscation of goods and conveyances in transit are now made a separate proceeding from the
recovery of tax from Section 74
middot Self-assessed tax referred to under section 75 of the CGST Act shall also cover the outward suppliessales as
reported in the GSTR-1 under Section 37 of the CGST Act but which has been missed out while reporting in the
GSTR-3B under Section 39
middot The provisional attachment shall remain valid for the entire period starting from the initiation of any proceeding
till the expiry of a period of one year from the date of order made there under
middot Section 129 is delinked from Section 130 Accordingly proceedings relating to detention seizure and release of
goods and conveyances in transit will be separate from the levy of penalty for the coniscation of goods and
conveyance
middot The Jurisdictional Commissioner can now call for information from any person relating to any matter dealt with
in connection with the Act under Section 151 together with section 168 Further section 152 is amended to
provide an opportunity of being heard before using information obtained under Sections 150 or 151 of the Act
middot The IGST Act was also amended in Section 16 that deines a zero-rated supply Three amendments were made ndash
(1) To state that supply to SEZ units developers will be zero-rated only if it is authorized operations (2) Only
notiied persons or supplies of goodsservices can avail the status of zero-rated when IGST is paid (3) Foreign
exchange remittance will be linked in case of export of goods with the refund
ICSI-NIRC Newsletter I July 2021 52
ThePerspectivest thOn 1 July 2021 our beloved and most controversial Goods and Service tax Act will be celebrating its 4 Birthday The 3
Major Motive for introducing GST were One nation One Tax Ease of compliances and Seamless Flow of credit to
eliminate the cascading effect of the Taxes In these 4 years GST has undergone more than 900 amendments through
Notiications Circulars and Press Release There has been Chronic Tinkering and twisting of the provisions and as a
result of that the provisions which are currently in force are completely different from the one which were introduced in
the beginning
WhatisGST
Goods and Services Tax is levied on the manufacturing and sales of goods and services across the country The tax is
charged at every stage of the manufacturing process GST is applicable for both the customer and the manufacturer It is a
destination-based tax This means that GST is to be collected at the point of consumption So if a product is
manufactured in Bihar and is sold in Bhopal the tax will be levied in Bhopal Moreover at every stage of the
manufacturing process where value is added to the product GST is collected
Introduced as one of the biggest economic reforms by the BJP-led Modi government the GST kicked off with the promise
to streamline taxation and compliance burden Experts also claimed that in many ways it has streamlined the process
ldquoBased on the one nation one tax ideology GST has helped in reducing the cascading effect of tax considerably Also
multiplicity of compliances under various indirect taxes has been reduced Hence introduction of GST in India has
brought in eficiencies in indirect tax compliance incidence and reduced the number of indirect tax authorities that a
taxpayer needed to interact with
EffectofGSTontheIndianeconomy
In a few months Goods and Services Tax law in India will celebrate its fourth birthday This could be a good time to raise
the question whether GST has been a success in India Responses to this question normally swing between two extremes
- the government and the tax department would say that GST has been an unqualiied success while the taxpayer who
has struggled to cope with the rapid changes in the law would say that GST has been a disaster As is normally the case
with such extremities the truth lies in the middle GST has its good points and its poor points with the latter winning
over the former Had the implementation been more smooth the poor points would have been overshadowed by the
good parts of GST
The introduction of GST has helped merge the taxes of the state and central governments This has helped remove the
cascading effect of multiple taxes Therefore the burden of taxes has reduced for companies and customers Not just this
taxpayers have increased in number and hence the tax revenues have also increased signiicantly Over the last year or
so two developments in GST should be considered to be huge positives
ARTICLE
ICSI-NIRC Newsletter I July 2021 53
GST ndash Impact Issuesand Suggestions
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS (Dr) S K Gupta FCS
cbstskguptagmailcom
ARTICLE
The concept of e-invoicing has been introduced in stages ndash this is a step that would ensure greater transparency in
supplier-receiver transactions which results in proper availment and utilization of input tax credit Simultaneously the
government appears to have announced a war to ight the menace of fake invoicing which was taking away a substantial
portion of GST revenues
The implementation of GST has signiicantly affected the Indian economy in the following ways
middot SimpliicationofthetaxstructureGST has simpliied the taxation system of the country As GST is a single tax
calculating taxes at the multiple stages of the supply chain has become easier Through this both customers and
manufacturers get a clear idea of the amount of tax they are charged and its basis Further hassles of handling tax
oficials and authorities can also be avoided
middot FosteringproductionAs per the Indian retail industry the total tax component is around 30 of the product
cost Due to the impact of GST the taxes have gone down So the end consumer has to pay lesser taxes The
reduced burden of taxes has enhanced the production and growth of the retail and other industries
middot SMEsupport Small and medium enterprises can now register under the Composition Scheme introduced by
GST Through this scheme they pay taxes according to their annual turnover Therefore businesses having an
annual turnover of Rs 15 crores only have to pay 1 GST Moreover other enterprises having a turnover of Rs
50 lakh are required to pay 6 as GST
middot EnhancedpanIndiaoperations Companies can now avoid taxation roadblocks such as toll plazas and check
posts Earlier these created problems including damage to unpreserved products while transporting them So
manufacturers had to keep buffer stock to make up for the damages These overhead costs of storing and
warehousing hampered their proit A single taxation system has reduced these problems They can now
transport their goods easily across India This has resulted in the improvement of their pan India operations
middot Increaseinexports GST has reduced the customs duty on exporting goods The cost of production in the local
markets has also decreased due to GST All these factors have increased the rate of exports in the country
Companies have become more competitive when it comes to expanding their businesses globally
middot Thegoods and services tax (GST)has ensured formalizationof the economy and improved mop-up
delivering seamless convergence under the one-nation one tax theme said industry champions unanimously
calling it an enabler of ease of doing business With uniformity of rates and elimination of multiple other indirect
taxes GST has cut out the cascading of levies widened the tax net and added to revenues
IssuesunderGST
middot Dificulty in claiming input tax credit and ever changing rules make compliance a cumbersome businessldquoInput
Tax Credit (ITC) is an area which has certain limitations that need to be addressed The GST regime sought to
have a seamless low of ITC however conditions for availing ITC being stringent many taxpayers lost out on ITC
middot Taxpayers are also complaining about the imposing an arbitrary monetary limit on availing input tax credit
through Rule 36(4) and mandating that a certain percentage of GST has to be paid in cash
middot The nationwide lockdown has intensiied the problem of revenue shortfall for states with the Centre not paying
up the dues on time Also with coffers drying up and with social and health spending going up states are growing
disenchanted with the system
middot The meetings of the GST Council are not as frequent as they were earlier if the recent incidents are anything to go
by and it often end up with disagreement ight and strong letters and statements
ICSI-NIRC Newsletter I July 2021 54
ARTICLE
middot The core theme of the one nation one tax slogan seems to be diluted with the introduction of state-level cesses
for example Kerala Flood cess at the rate of up to 1
middot Challenges for the exporters for smooth processing of GST refunds have been an area of concern while the
government has taken several initiatives for speedy processing of refunds the beneit is taking time to percolate
to corporates effectively
middot With the advent of GST various petitions seeking release of detained goods and hardships faced due to technical
glitches have been iled Moreover the constitutional validity of some of the GST provisions have been contested
before the courts It cannot be denied that AAR authorities have helped to clarify several controversial issues
However contradictory rulings on identical matters should be addressed soon
middot The announcement that a GST reconciliation statement need not be certiied by an auditor could have probably
waited for a couple of years more since the department would need some authentic database on what
components of the revenue statement would attract GST ndash a task best left to the auditor of the entity
middot We all know that in GST there will be the lot of litigations coming in near future and we all know the reason In
this 4 years GST has become more prone to litigation Even for simple revocation of cancellation of registration
after the prescribed days the taxpayer has to ile the appeal So we can presume the litigations that are going to
happen in near future
SuggestionsforimprovingeffectivenessofGST
middot There is an invariable need to put a halt on the changes in tax rates and decide the rate structure that is static for a
few years Adding on to that increasing the tax rates is not an ideal solution for grabbing more revenue especially
in the era of an economic slowdown In short there is a need for a simpliied tax structure of only three tax slabs
Either we need to merge 12 amp 18 or 5 amp 12 slabs into one
middot Some goods amp services like electricity real estate and petroleum are out of GST structure As they are out of GST
bracket the input tax credit beneits cannot be utilized by the segments involved in the process and so it is a loss
for them In addition these sectors are out of the indirect tax system at the mercy of state government Some
sectors such as oil and gas are demanding to be included in the GST Even experts suggest that the right way to
implement GST is to put all the sectors under the bracket of GST but it would take some time to implement the
required tweaks to the system
middot Exempt supplies must not form part of ldquoaggregate turnover‟ to determine threshold limit for taking registration
in GST It must be excluded from the Aggregate Turnover The threshold limit of 20 Lakhs more will be signiicant
for SMEMSME sector This will enable a small taxpayer having majorly exempt supplies with only a small
portion of taxable supplies to remain out of the net of GST
middot The current composition scheme is applicable only for manufacturers traders and restaurant service providers
In the GST amendments it has been proposed by the GST Council to enable registered manufacturers and
traders to opt for composition scheme us 10(1) of the CGST Act even if they supply services of value not
exceeding 10 of the turnover in the preceding FY in a StateUnion territory or Rs 5 lakhs whichever is higher
The beneit of composition scheme must be extended to other service providers by providing certain percentage
or ceiling for inter-state outward supplies of goods for the beneit of SMEMSME sector in true sense Presently
a person opting for composition scheme is not allowed to make any inter-state outward supply of goods which is
creating a bottle neck for small sector
ICSI-NIRC Newsletter I July 2021 55
ARTICLE
middot A suitable clariication is required with regard to the deinition of ldquoagent‟ under Section 2(5) (vii) of Section 24
of CGST Actas it covers only those persons who supply taxable goods on behalf of any other person ie
consignment agents Clarity on Compulsory Registration for ldquoagentsrdquo is only conined to consignment agents
Controversy whether the commission agents or brokers who merely facilitate a transaction between two parties
like procuring orders etc are also debarred from the beneit of threshold limits of registration ie Rs 20 Lac
middot As part of ICT the government should promote the usage of Point of Sales (PoS) machines which are closely
integrated with the Inventory Invoicing and GST Returns iling This will ease the reporting compliance as the
small traders are inding it dificult for tracking and maintaining inventory based on HSN codes Subsidy may be
given for procurement of such PoS machines so that it will increase the return iling ratio and also minimize the
digital transactions which has increased during the demonetization period but the same started falling and
reaching lower levels than the pre-demonetization period
middot IGST credit to be restricted only on import of raw materials - Manufacturers of India must be incentivized in
comparison to their position with traders of imported inished goods IGST credit on imports should be
restricted only to the manufacturer of imported raw materials Import of Finished goods must not be allowed
par beneit of credit of IGST to the trader of imported inished goods This will make the position of
manufacturers wiser and encouraging as compared to importers This will boost Make in India and promote
domestic manufacturers
middot Taking into consideration the rigorous procedure involved in Advance Ruling provisions iling of application on
behalf of association representing its members in a State may be permitted This will beneit small taxpayers not
being able to adopt this route for seeking certainty of their GST issues Such application can be accompanied
with list of all the members with their GSTIN on whom such ruling shall be applicable
middot If the MSME taxpayers pays the taxes promptly and also iles the returns in time there should be a certain
percentage of the amount of tax paid should be rewarded back This will prompt the taxpayers to be honest and
take the incentive This amount should be declared or given after the audit assessment so that undue beneit
will not be passed on the taxpayers Also region wise such taxpayers should be honored this will also motivate
others to pay taxes upfront
Conclusion
This is the third consecutive year India has made waves on the Doing Business ranking India improved on six of ten
parameters set by the World Bank as against eight last year becoming among top ten improvers for the second time in a
row This year alone India has moved up by a phenomenal 14 spots on the Doing Business Index a feat achieved by most
countries over a 20 year period Finance Minister Nirmala Sitharaman has spoken of the Governments keen interest in
improving rankings and keeping that goal in mind they are prepared to implement all sorts of reforms - especially under
GST and GST Compliance
ICSI-NIRC Newsletter I July 2021 56
stOn 1 July 2021 our beloved Goods and Service tax Act will be celebrating its 4th Birthday GST was introduced for 3
major purposes as One nation One tax ease of compliances and seamless low of credits to remove the cascading effects
of the taxes However in the last 4 years GST is reshaping itself by more than 900 amendments through Notiications
Circulars and Press release accordingly we can say it is changing day by day In this article author has discussed the topic
of ldquoE-way Bill under Goods and Services Tax (GST)rdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 57
E-way Bill under Goodsand Services Tax (GST)
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Sandeep Singh Chauhan ACS
sandy673711gmailcom
WhatisE-wayBill
E-way bill is an electronic permit or electronic generated document for movement of goods from one place to another
place which is to be generated on the E-way bill portal ie on wwwewaybillgstgovin
Earlier before the introduction of GST there was no concept of electronic way bill However the need to have check and
balances in the present has been felt necessary to discourage the parallel economy Introduction of E-way Bill in India
has been effected for inter-State movement of goods across the country from 1st April 2018 and on notiied dates by
respective State Government for intra state movements
WhenshouldE-wayBillbegenerated
If the value of goods of consignment is more than Rs 50000- except for certain speciied goods meant for Job work
goods meant for export with Customs seal from factory to Port airport ICD imported goods goods sent on approval
basis exhibition or fairs purposes removal for testing removal from factory to weighbridge for weighment of goods
and back to factory up to 20 kms inward supply from unregistered person SKD CKD Sales return For own use and
exempted goods
ARTICLE
ICSI-NIRC Newsletter I July 2021 58
Accordingly E-way Bill shall mandatorily generated on the common portal for all types of movements if the value of
goods exceeds more than Rs 50000- however E-way Bill needs to be generated mandatory even if the value of
consignment of goods is less than Rs 50000 where ndash
1 Movement of goods in inter-state by principal to the Job-worker
2 Handicraft goods are transported from one State or Union territory to another State or Union territory by a
person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of
section 24 of the CGST Act
Here the term Consignment Value means value determined as per section 15 of the CGST Act as mentioned on the
invoice bill of supply or delivery challan as the case may be including the applicable tax thereon However such
consignment value shall exclude the value of exempted supply where the invoice is issued in respect of both exempt and
taxable supply of goods (ldquoNotiicationNo122018rdquo)
WhoshouldgenerateE-wayBill
The primary responsibility to generate E-way Bill shall be of the registered person who causes the movement of goods
ie the consignor or the consignee as the case may be However if such consignor or consignee doesnt generate the
EWB it may be generated by transporter as well if authorized by the registered person In case of supply of goods by an
unregistered person to registered person the liability to generate EWB is on the recipient
As per revised Rule 138 (2) under Notiication No 122018 it has been provided that E-way Bill shall be required to be
generated in case the goods are transported by consignor or consignee in his own vehicle or in a hired one or a public
conveyance by road In such case the registered person causing the movement of goods may raise the EWB after
furnishing the vehicle no in Part B of FORM GST EWB ndash 01 if the value of goods being transported is more than
Rs50000-
Railway has been exempted from generation and carrying of e-way bill with the condition that without the production of
e-way bill railways will not deliver the goods to the recipient But railways are required to carry invoice or delivery
challan etc
ARTICLE
ICSI-NIRC Newsletter I July 2021 59
WhenE-wayBillisnotrequiredtobegenerated
In the following cases E-way Bill is not required to be generated
(i) The goods being transported are speciied in Annexure under Rule 138(14) of the Central Goods and Services Tax
Rules2017
(ii) The goods are being transported by a non-motorized conveyance
(iii) The goods are being transported from the port airport air cargo complex and land Customs Station to Inland
Container Depot or Container Freight Station ( for clearance by Customs)
(iv) The movement of goods within areas notiied under clause (d) of sub-rule (14) of the Goods and Services Tax Rules
of the Concerned State
(v) Goods ( other than de-oiled Cake) speciied in the Schedule appended to Notiication No22017-CT(Rate) dated
the 28th June2017 ie goods exempted from GST
(vi) Alcoholic liquor for human consumption petroleum crude high speed diesel motor spirit (commonly known as
petrol) natural gas or aviation turbine fuel
(vii) Goods which have been declared as no supply in Schedule III of CGST Act2017
(viii) Where the goods are being transported under Customs bond from an inland container depot or a container freight
station to a Customs port airport air cargo complex and land Customs station or from one Customs station or Customs
port to another Customs station or Customs port or under Customs supervision or under Customs seal
(ix) Where the goods being transported are transit cargo from or to Nepal or Bhutan
(x) Where the goods being transported are exempt from tax under Notiication No 72017-CT(Rate) dated 28th
June2017 as amended from time to time and Notiication No 262017-CT(Rate) dated the 21st September2017 as
amended from time to time
(xi) Any movement of goods caused by defence formation under Ministry of defence as a consignor or consignee
(xii) Where the consignor of goods is the Central Government Government of any State or a local authority for transport
of goods by rail
(xiii) Where empty cargo containers are being transported and
(xiv) Where the goods are being transported upto a distance of twenty kilometers from the place of business of the
consignor to a weighbridge for weighment or from the weighbridge back to the place of business of the said consignor
subject to condition that the movement of goods is accompanied by a delivery challan issued in accordance with Rule 55
BlockingandUnblockingofE-wayBill
middot E-way bill generation is blocked for taxpayers who have not iled their returns for the previous two consecutive
monthsquarters
middot Thus if a taxpayer has not iled GSTR-3B for two or more consecutive months then heshe cannot generate e-
way bills to do dispatches and receive goods resulting in a standstill
middot Only when a taxpayer iles GSTR-3B the e-way bills will get unblocked on the next day
middot The system of e-way bill clocking was implemented from the 2nd of December 2019
ARTICLE
ICSI-NIRC Newsletter I July 2021 60
Forexample if a taxpayer has not iled his GSTR-3B for April 2021 and May 2021 then his GSTIN will get blocked in the
e-way bill portal from June The main intention of the government is to track down the non-ilers of GST returns and
make them compliant
WhatifE-wayisnotgenerated
If the suppliers or transporters are not generating the e-way bills the same will be considered as contravention of
statutory provisions of GST law
As per Section 122 (xiv) of the CGST Act 2019 a taxable person who transports any taxable goods without the cover of
speciied documents E-way bill shall be liable to pay a penalty of Rs 10000- or an amount equivalent to the tax
evaded
As per section 129 of CGST Act2017 where any person transports any goods or stores any goods while they are in
transit in contravention of the provisions of this Act or the rules made thereunder all such goods and conveyance used as
a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to
detention or seizure to recover applicable tax and penalty from the person transporting goods and the owner of the
goods
SomeoftheimportantjudicialpronouncementonE-wayBill
SNo CaseName IssueampSummary
1 Ms KB Enterprises Vs Asst
Commissioner State Taxes amp
Excise-2019(12) TMI 1089-
GSTAA-HP
Section 129 proceeding cannot be initiated for Minor mistake(s) in e-
way bill- The minor mistakes in Part-B of the e-way bill (error in one or
two digitscharacters of the vehicle number) will not invite detention
order and only penalty of Rs 1000- (CGST- Rs 500- amp SGST-Rs 500-)
will become due to payable
2 Godrej Consumer Products Ltd
Vs ACSTampE-Cum- GIBHP
G o d re j C o n s u m e r 1 1 - 0 2 -
2020HC-67
Typographic error in entering distance in E-way bill is minor
mistake-Due to a typographic error while generating E-way bill the
petitioner mentioned approx distance between Puducherry to Himachal
Pradesh as 20 Kilometers instead of 2000 Kilometers As a result a
validity of one day has been calculated by the E-way bill portal instead of
twenty days and the E-way bill subsequently got expired on the very next
day The consignment was intercepted on dated 15th Sep 2018 and
thereby a taxpenalty has been imposed under section 129 of
HPGSTCGST Act 2019 for contravention of Rule 138 However it was
held by the Honble HC that typographic error may be treated as a minor
one and in such case if the demand and penalty have been levied by the
proper oficer us 129 the same need to be refunded to the supplier
ARTICLE
ICSI-NIRC Newsletter I July 2021 61
3 Hindon Machinery Tools Vs
State of UP- 2019 (22) GSTL 4
(All)
ReleaseoftheseizedgoodsforwritingwrongTaxInvoiceNoonE-
way Bill- Incorrectly mentioning the number of tax invoices as tax
invoice number on E-way Bill- Prima facie there seems no discrepancy in
E-way Bill attracting seizure of goods Goods directed to be released
without insisting for a deposit of any amount and furnishing security as
GST already paid on goods
4 Daily Fresh Fruits India Private
Limited v Commissioner SGST
2020-VIL-115- KER
Detentionofgoodsonthegroundofwrongclassiicationofgoods-
The High Court quashed detention order on the ground that this was a
bona-ide case of dispute in the classiication of goods and directed
release of goods
5 Commercial Steel Company v
Assistant Commissioner of State
Tax 2020-VIL- 116-TEL
Goodscannotbedetainedjustbecausedriverhastakenadifferent
route-The High Court observed that vehicle was found at another place
does not automatically lead to any presumption that there was an
intention of evasion of tax
6 Kun Motor Co Pvt Ltd Versus
Assistant State Tax Oficer
Kerala State GST Department
Thiruvananthapuram- 2019
(21) GSTL 3 (Ker)
Incidence of Tax is on Supply andnot onnature of transport-A
person from Trivandrum goes to Pondicherry purchases a car and
entrusts it to the car dealer to transport it to Trivandrum On the way in
Kerala the oficials under the GST Act intercept the vehicle and detain
the goods for no e-way bill accompanies the consignment The High
Court held that detention of car was illegal
The 43rd GST council meeting was held on 28th May 2021 The GST Council has met after more than six months The
meetings were chaired by Finance Minister Smt Nirmala Sitharaman Union Minister of State for Finance and Corporate
Affairs Shri Anurag Thakur was also present at the meeting besides the Finance Ministers of the states and union
territories (UTs) and other senior oficers of both the Ministry of Finance and the States and UTs
rdImportantMeasurestakeninGSTinthe43 CouncilMeetingforfacilitationreliefto
taxpayers
1AnnualReturnrelatedmeasures
middot Amendment in section 35 and 44 of CGST Act 2017 has been made through Finance Act 2021 to provide for self-
certiication of reconciliation statement in FORM GSTR-9C instead of previous requirement of certiication of
such statement by a Chartered Accountant Cost Accountant The said amendment would be notiiedwith
effectfrom01082021
middot This amendment will be applicable for the Annual return for the FY2020-21
middot The formatof GSTR-9 and GSTR-9C forms for FY 2020-21 would be same as for FY 2019-20 except for some
minimal changes to give effect to the said amendment
middot Requirement of furnishing annual return in FORMGSTR-99A for FY 2020-21 has been continued to be
optional for the taxpayers with annual turnover uptoRs2crores
middot Requirement of furnishing reconciliation statement in FORMGSTR-9Cfor FY 2020-21 will also continue to be
waived for the taxpayers with annual turnover uptoRs5crores
2AmnestySchemetoproviderelieftotaxpayersregardinglatefeeforpendingreturns
middot To provide relief to the taxpayers especially smaller taxpayers from high amount of late fee on pending returns
a latefeeamnestyscheme has been brought out in respect of pending returns in FORMGSTR-3B for the tax
periods from July2017toApril2021
middot Latefeehasbeenreduced waived conditionally in respect of such pending returns in FORMGSTR3B for the
tax periods from July2017toApril2021as under -
a Late fee capped to a maximum of Rs500-(Rs 250- each for CGST amp SGST) per return for taxpayers who did
nothaveanytaxliabilityfor the said tax periods
b Late fee capped to a maximum of Rs1000-(Rs 500- each for CGST amp SGST) per return for other taxpayers
c The reduced rate of late fee would be conditional and apply only if GSTR-3B returns for these tax periods are
furnished during the period between01062021to31082021
ARTICLE
ICSI-NIRC Newsletter I July 2021 62
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
Goods andServices Tax
ARTICLE
ICSI-NIRC Newsletter I July 2021 63
3Rationalizationoflatefeeimposedundersection47oftheCGSTAct
Late fee structure under section 47 has been rationalized for prospective tax periods to give relief to smaller taxpayers
from burden of higher late fee by linking the maximum late fee with tax liability turnover of the taxpayer
middot The late fee for delay in furnishing of FORMGSTR-3BandFORMGSTR1 has been capped as below for tax
periods June 2021 QE June 2021 onward
middot Fortaxpayershavingniltaxliability in GSTR-3B or nil outward supplies in GSTR-1 the late fee has been
capped at Rs500perreturn
middot Forothertaxpayers
a) For taxpayers having Annual Aggregate Turnover (AATO) in preceding year upto Rs 15 crore late fee has
been capped to a maximum of Rs2000perreturn
b) For taxpayers having AATO in preceding year between Rs 15 crore to Rs 5 crore late fee has been capped to a
maximum of Rs5000perretrun
c) For taxpayers having AATO in preceding year above Rs 5 crores late fee has been capped to a maximum of Rs
10000perreturn
middot The late fee for delay in furnishing of FORM GSTR-4 by composition taxpayers has been capped to Rs 500 per
return if tax liability is nil in the return and Rs 2000 per return for others from FY 2021-22 onward
middot Late fee payable for delayed furnishing of FORM GSTR-7 has been reduced to Rs50- per day and has been
capped to a maximum of Rs 2000- per return for returns from the month of June 2021 onward
4Retrospectiveamendmentofsection50toprovideinterestpaymentonnetcashbasis
middot Section 112 of the Finance Act 2021 relating to retrospective amendment in section 50 of the CGST Act has been
brought into force from 01062021
middot Accordingly retrospective amendmenthas been made in Section 50of CGST Act 2017 with effect from
01072017 to provide for payment of interest on the delayed payment of tax on netcashbasis
middot This will facilitate the taxpayers and help in removing ambiguity and disputes regarding payment of interest on
gross tax basis or net cash basis
5COVIDReliefMeasuresinGSTth st st
Government has issued various notiications on 27 April 2021 1 May 2021 and 1 June 2021 providing a number of
relief measures for taxpayers in GST
sect ReductioninrateofinterestConcessional rates of interest in lieu of the normal rate of interest of 18 per
annum for delayed tax payments have been provided for the months of March April and May 2021
sect Waiverof late fee Late fee waived for speciied number of days in respect of returns in FORMGSTR-3B
furnished beyond the due date for tax periods March April and May 2021 due in the April May and June 2021
respectively
sect ExtensionofduedateofilingGSTR-1IFFGSTR-4andITC-04
sect Due date of iling FORMGSTR-1 and IFF for the month of April 2021 and May 2021 has been extended by 15
days
sect Due date of iling FORMGSTR-4 for FY 2020-21 has been extended from 30th April 2021 to 31st July 2021
sect Due date of furnishing FORMITC-04 for Jan-March 2021 quarter has been extended from 25th April 2021 to
30th June 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 64
sect Extensioninstatutorytimelimitsundersection168AoftheCGSTAct Time limit for completion of various
actions by any authority or by any person under the GST Act which falls during the period from 15th April 2021 to
th th29 June 2021 has been extended upto 30 June 2021 subject to some exceptions as speciied in the notiication
sect Otherrelaxations
bull RelaxationinaailmentofITC Rule 36(4) ie 105 cap on availment of ITC in FORMGSTR-3B to be applicable
on cumulativebasisfor period AprilMayandJune2021to be applied in the return for tax period June 2021
Otherwise rule 36(4) is applicable for each tax period
bull The iling of GSTR-3B and GSTR-1IFF by companiesusing electronic veriication code (EVC) instead of Digital
Signature Certiicate (DSC) has been enabled for the period from the 27042021to31082021
6Refundrelatedmeasures
bullFacilityforwithdrawaloftherefundclaims
bull A new form RFD-01W has been provided for iling application of withdrawal of a refund claim by
amendment in Rule 90 of CGST Rules
bull It will help the taxpayers who have iled the refund application by mistake or for wrong period or have
made any mistake omission in the refund claim to withdraw the refund application rather than to ile
appeal once the refund claim is rejected
bullExclusionoftimetakenforissuanceofdeiciencymemoforcalculatinglimitationperiodforilingafresh
refundapplicationafterremovingdeiciencies
bull Rule 90 of CGST Rules amended to exclude the time taken by tax oficer in issuing deiciency memo in
FORM RFD-03 for purpose of calculating time for iling fresh refund claim after removal of deiciencies
bull This will help taxpayers in iling such fresh refund claims after removing deiciencies without getting
time barred due to time taken for issuance of deiciencies by the tax oficers
7RelaxationsinprovisionsofblockingofE-waybills
bull Rule 138E of CGST Rules 2017 amended to provide for restriction on generation of e-way bill only in respect of
outwardmovementof goods of a registered person who has defaulted in furnishing returns for 2 months or 2
consecutive tax periods
bull Prior to this amendment the supplier was not able to generate e-way bill for supply of goods to the defaulting
recipient though there may not have been any default on the part of the supplier himself
bull Withthisamendmentissuanceofe-waybillbythecompliantsupplierwillnotbeblockedin respect of
supply made to recipient including a recipient who has defaulted in furnishing two consecutive returns This
wouldensurethatbusinessofcompliantsuppliersarenotadverselyaffected
ARTICLE
ICSI-NIRC Newsletter I July 2021 65
8FacilitiesonPortalforeasingtheprocessofilingofreturns
bull Auto-draftedstaticinputtaxcreditstatementinFORMGSTR-2B
bull This facility has been made available on the portal for monthly tax payers since August 2020
bull This facilitates the taxpayers in determining and self-assessing their available input tax credit and thus
substantially reducing time taken to ile their returns
bull Auto-populationofGSTR-3Breturn
bull GSTR-3B returns are being auto-populated since December 2020 for monthly return ilers from the
details given by the taxpayers in their FORM GSTR-1 and from the details given by their suppliers in their
FORM GSTR-1
bull An editing facility is also provided to the taxpayers enabling them to make the corrections
amendments in the auto-populated return if required
bull ThesefacilitieshasnowbeenmadeavailablefortaxpayersunderQRMPschemealso
9MeasuresrelatedtoE-Invoicing
bull E-invoicing facility has been introduced for B2B supplies wef 01102020 for the taxpayers having annual
aggregate turnover of Rs 500 crores or more in any of the preceding inancial years
bull The threshold limit for generating e-invoice has been brought down to Rs 100 crores wef 01012021 and to Rs
50 crores wef 01042021
bull FORM GSTR-1 of the taxpayer is being auto-populated on the portal from e-invoice data Besides Part-A of e-way
bill is also auto-populated from the e-invoice data This helps in reducing time and cost for iling of GSTR-01 and
for generation of e-way bills
Introduction
As the world has become a global village and technology is playing the role of disrupter the corporates governments
and regulators constantly need to embrace changes thrown by these disruptions to ensure that aspirations of all
stakeholders are realized for growth and sustenance
It is an undisputed fact that pace of technology is very fast and one technological development annexes another one or
overshadows the same in certain cases But disruptions take place certainly and these disruptions bring their own sets
of opportunities and challenges
Emergingtechlandscapes
The recent buzzwords of technology are Machine Learning (ML) Artiicial Intelligence (AI) Internet of the Things (IoT)
and Automation They lessen human intervention enhance transparency and provide data analytics of highest accuracy
and eficiency for fostering eficient decisions making The regulatory domain does not remain untouched from these
technological revolutions Several compliance processes have become automat able audit activities are becoming more
technology oriented data extraction is on real-time basis and high-quality information is available for overall good
Impactoftechnologyoncompliance
So for the profession of company secretaryship the important point is ldquowhat is impact of technologyrdquo on compliance
domain Paradigm shifts are evolving as the transformations take place Areas such as automation of board processes
audits trails process and operational eficiency quality and economy have newer dimensions due to reshape of
technology At the same time new opportunities and challenges are emerging Let us examine them briely
Opportunities
Compliance and tech learning Traditional modes of compliances are undergoing drastic changes and new tools and
apps are playing havoc It is required that a Company Secretary whether in practice or employment should be tech-savvy
though being tech-savvy does not mean to become technology expert Generic knowledge and usage of applications and
functions will sufice and there is no need to acquire hardcore programming and development knowledge
Basic understanding and usage of technological aspects involved in compliance work will help company secretaries
validate compliance tasks with reinforced transparency and eficiency Technology helps in tracking the trails be they
compliance trail audit trail or any other important business function
ARTICLE
ICSI-NIRC Newsletter I July 2021 66
Technology inCompliance
The Game ChangerCS Ajay Kumar Sharma ACS
csajaysharmayahoocom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
More importantly Governments are becoming very strict about trails and they are instructing technology solution
providers to architect systems in such a way so that complete track of transactions right from its origination till its
relection in ultimate system including all edits is possible
An understanding of compatibility between business requirements and technology solutions will open plethora of
opportunities for Company Secretaries
The bar is already rising From computer literacy it is now tech literacy The ICSI has a major role to play for this initiative
taking into consideration requirements and growth of all stakeholders
Challenges
Prevention of frauds Though technology is providing sophisticated business solutions cases of frauds with the
involvement of technology are on the rise As the impact of transactions may be over several geographies there may be
penalties and prosecutions from multiple regulators Section 447 of the Companies Act 2013 is extremely tough on
corporate frauds Deeper penetration of technology in business systems along with tough regulatory requirements
makes it imperative on the part of compliance oficers to take extra precautions International compliances such
Sarbanes Oxley Act 2002 put additional responsibilities for US companies working across several jurisdictions
The irst mantra of compliance eficiency is Evaluate document and do it right irst time
Conclusion
To sum up technology being the game changer this is going to be the era of ldquolearn unlearn and re-learnrdquo to cope with
technological disruption Exposure to different facets of compliance in technological environment will result in positive
enrichment of all stakeholders Let global society be the biggest winner
ARTICLE
ICSI-NIRC Newsletter I July 2021 67
JourneyofGSTinIndia
We can say that introduction of GST is a roller coaster ride The GST journey began in the year 2000 when a committee
was set up to draft law The PM Atal Bihari Vajpayee formed an Empowered Committee (EC) to create a structure for GST
based on their experience in designing State VAT
In 2004 A task force concludes GST must be implemented to improve current tax structure
In 2006 Finance Minister proposes GST introduction from April 1 2010 In 2007 CST phased out and rates reduced
from 4 to 3
In 2008 The inance minister conirmed that considerable progress was being made in the preparation of the roadmap
for GST The targeted timeline for the implementation was conirmed to be 1 April 2010 EC inalises dual GST structure
to have separate levy legislation
In 2010 Project to computerise commercial taxes launched but following this the implementation of GST was pushed
by one year
In 2011 Govt put forth the Constitution Amendment Bill for the introduction of GST
In 2012 The Standing Committee starts discussion over the bill but the opposition party raise concern over the clause
279B that offers additional powers to the Centre over the GST dispute authority
In 2013 Standing Committee tables its reports on GST The panel approves the regulation with few amendments to the
provisions for the tax structure and the mechanism of resolution
In 2014 The inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in the parliament
In 2015 The GST Bill passed in Lok Sabha but not in Rajya Sabha
In 2016 The Finance Ministry published the draft model law to public for their opinions and views Also amended
Model GST law passed in Rajya Sabha also
In 2017 Four Supplementary Bills passed in Lok Sabha and approved in Parliament and by President
1 Central CST Bill
2 Integrated GST Bill
3 Union Territory GST Bill
4 GST (Compensation to States) Bill
GST Council inalizes the GST Rates and GST Rules and inally GST law came into force from 1 July 2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 68
GST - One Countryone market one tax
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Meenakshi ACS
agarwalmeenakshi75gmailcom
IntroductionofGST
GST (Goods and Services Tax) is a destination based tax on consumption of goods and services It is a destination based
Tax and proposed to be levied at all stages right from manufacture up to inal consumption with credit of taxes ie ITC
(Input Tax Credit) paid at previous stages available as setoff GST has a dual aspect with the Centre and States
simultaneously levying on a common tax base
There are three main components of GST which are
1 CGST (Central GST) Taxes collected under CGST will constitute the revenues of the Central Government
2 SGST (State GST) A collection of SGST is the revenue of the State Government
3 IGST (Integrated GST) Revenue collected under IGST is divided between Central and State Government as per the
rates speciied by the Government IGST is charged on transfer of goods and services from one state to another Import of
goods and services are also covered under IGST
Image showing subsumed of various Central and State Taxes into GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 69
Beneits of GST Registration in Business
One of the most important beneit of the move is the mitigation of double taxation or the elimination of the cascading
effect of taxation
1MitigatingCascadingeffectofTax By subsuming most of the Central and State taxes into a single tax and
by allowing a set-off of prior-stage taxes for the transactions across the entire value chain it would mitigate
the ill effects of cascading improve competitiveness and improve liquidity of the businesses
ARTICLE
ICSI-NIRC Newsletter I July 2021 70
2TechnologydrivenTax GST is largely technology driven It will reduce the human interface to a great extent and this
would lead to speedy decisions
3 FindBuoyancy inGovernmentRevenue GST is expected to bring buoyancy to the Government Revenue by
widening the tax base and improving the taxpayer compliance The reform is also expected to improve the countrys
ranking so far as the Ease of Doing Business Index is concerned It is also estimated to enhance GDP growth by 15 to
2
4LesserCompliancesandeasytofollow It simpliied the Indirect tax regime After introduction of GST all tax payer
services such as registrations returns payments etc would be available to the taxpayers onlinewhich would make
compliance easy and transparent
5UniformityofTaxRatesandTaxationprocess all tax payer services such as registrations returns payments etc
would be available to the taxpayers online which would make compliance easy and transparent
6HigherrevenuegenerationThe possibility of tax evasion is minimised completely with GST coming into action
Also GST is expected to decrease the cost of collection of tax revenues of the Governmentand will therefore lead to
Higher revenue eficiency
GSTRegistration
Under GST regime Businesses whose turnover exceeds the threshold limit (Table given below) require to register
under GST It becomes mandatory for some businesses to register mandatorily as heavy penalties will attract if business
is carry on without GST registration
GSTRegThresholdLimit
th On 10 January 2019 In 32 GST Council Meeting changes in limits of GST registration was proposed which was further
approved by CBIC and new threshold limit of GST Registration come into existence which helps to ease compliance
under GST An option was provided to States to opt for the new limits or continue the earlier ones Here is the table
showing earlier threshold limits new limits and the effective date of applicability-
AggregateTurnover RegistrationRequired Applicability
Earlier limits- For Goods amp Services
Exceeding Rs 20 Lakh Yes ndash For Normal Category States Up to March 31 2019
Exceeding Rs 10 Lakh Yes ndash For Special Category States Up to March 31 2019
New Limits- For Goods
Exceeding Rs 40 Lakh Yes ndash For Normal Category States From April 1 2019
Exceeding Rs 20 Lakh Yes ndash For Special Category States From April 1 2019
New Limits- For providing Services ndash No Change- same as earlier
ARTICLE
ICSI-NIRC Newsletter I July 2021 71
PersonsliableforGSTRegistration
ChecklistofdocumentsrequiredforGSTregistration
1 PAN of the applicant
2 Copy of Aadhaar card
3 Proof of business registration or incorporation certiicate
4 Identity of address proof of promotersdirectors with photographs
5 Bank account statement cancelled cheque showing name address and a few transactions
6 Digital Signature of authorised signatory
7 Authorisation letter or Board resolution for authorised signatory
ARTICLE
ICSI-NIRC Newsletter I July 2021 72
GSTRegistrationAadhaarVeriication
Notiication issued by CBIC (Central Board of Indirect Tax and Customs) on March 23 2020 for GST Aadhaar
authentication from April 1 2020 For ease of doing business GST registration with Aadhaar veriication required by
thnew taxpayers ndash GST Council approved in its 39 meeting All Indian citizens can take this facility except tax deductors
retrieval services and tax collectors Govt dept PSUs Local authority and statutory authority also excluded from
Aadhaar authentication Due to pandemic physical veriication is risky So its easy to get online GST Aadhaar
veriication
ProcessofGSTregistrationAadhaarveriication
Applicant need to submit Aadhaar number along with application for registration under GST and then e -verify the same
on GST Portal using authentication link which is sent to Mobile Number and E-mail ID linked to Aadhaar Enter the OTP
sent on mobile number and email id and get e- validated
In conclusion GST has been a revolutionary tax system for India Most noteworthy many experts hail it as one of the
biggest tax reforms GST certainly is beneicial for the entire population of India
ARTICLE
ICSI-NIRC Newsletter I July 2021 73
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Dhiraj Kheriwal ACS
dhirajkheriwal5gmailcom
Indias Economy -Challenges
after Covid-19
COVID-19 pandemic is a signiicant shock to economies all around the world Even the major economies like the USA
have been badly mauled with unemployment rising and a cut in economic growth The Pandemic has caused a shock for
the Indian economy as well Consumption manufacturing exports capital lows the legs on which the Indian economy
had been growing have all been impacted adversely
India came out of lockdown about 2 months back with restrictions still in many parts of the country There is no magic
quick ix or shortcut to stimulate and restart demand in an economy which is the most important key to economic
revival next to vaccine becoming available This will take time patience and continuous effort Amidst this uncertainty
what will be key to revival is how people come out of their homes how people restart their lives how will it impact
demand organically and availability of capital when businesses are ready to kick start production to service demand
Potentialgrowthhasslowed-
Indias potential growth may have slowed down by over one percentage point due to the longer-than-expected
disruption caused by COVID-19 and a modest policy response so far UBS Securities said in a report
ldquoWe estimate Indias potential growth to have slowed to 6 (from 71 YoY estimated in 2017) due to longer-than-
expected disruption caused by the pandemic balance-sheet concerns faced by economic agents (especially the inancial
sector and households)rdquo ldquoThis implies dificult economic challenges for many years to comerdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 74
It said the biggest challenge before India would be its ability to create ample employment opportunities for the rising
working-age population
ldquoWe believe India needs to grow by at least 8 YoY annually just to absorb incremental labour force with a focus on
mobilisation of resources towards manufacturing and exportsrdquo
Climatechange-
Climate change threatens Indias attempts to improve its citizens standard of living More than 600 million Indians face
a cute water shortages Bangalore and New Delhi are two of the 21 cities that could deplete their groundwater in 2020 In
July 2019 the city of Chennai ran out of groundwater Over 200000 people die from contaminated water By 2030 40
of the population will have no access to drinking water
Most of Indias rainwater falls during the four-month monsoon season It isnt captured eficiently Climate change will
increase looding from these monsoons
IncreaseinEmployment
ARTICLE
ICSI-NIRC Newsletter I July 2021 75
The depth of the slowdown in the current inancial year means that a rebound is inevitable but unemployment could
hamper the recovery process The issue of migrant workers will have an impact on the economic growth and availability
of quality workers in the post-COVID-19 world will be a challenge
India should be wary of the challenges in smooth recovery in labour markets While GDP in India was growing
employment remained stagnant and if this trend continues its another problem Without a boost in employment
households incomes will be under strain consumer sentiments will be low and the economic recovery will be sluggish
Predominanceofagriculture-
Less developed countries live mainly upon agriculture and extractive industries like mining isheries and forests
Predominance of agriculture is explained from the viewpoint of sectoral composition of national income and
occupational pattern
In India in 1950- 51 more than 55 pc of our GDP came from the agricultural sector or the so- called primary sector In
2007-08 however the contribution of this sector toward GDP came down to194 pc
Theightwillbeaboutincreasingeconomicactivity-
With the lockdown the economic activity came to a grinding halt in India from the end of March Domestic consumption
almost wiped out Pay cuts and layoffs combined with fear of spread led to lack of shopping and completely eroded
demand
While the non-discretionary spending on groceries and other essential items remained largely unscathed during the
lockdown the revival in consumption will be driven by discretionary as well as non-discretionary spending Despite the
Indian governments decision to remove most the demand scenario is expected to remain weak for most of the current
inancial year But it could make a comeback next year
And as the uncertainty surrounding income and jobs reduces economists believe that some people will be able to raise
their discretionary spending on non-essential goods during festive season and thereafter lowing into 2021
ARTICLE
ICSI-NIRC Newsletter I July 2021 76
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Abhishek Goyal FCS
abhishekcsajmergmailcom
TREATMENT OF GST ONRESTAURANT BUSINESS
Implications of GST on restaurant business makes an interesting study and is important from the point of view of GST
consulting and practicing service to be rendered by practicing Company Secretaries as GST provides a promising
practicing and consulting platform for Company Secretaries
Let us now discuss these implications in the form of questions and answers which would enable the reader to get an easy
understanding of the provisions of GST in this regard
Q1 Please explain place of supply provisions in case of restaurant business and its importance for such business
Ans As per sub section (4) of Section 12 of the IGST Act place of supply in case of restaurant business is determined on
performance basis In other words place of supply (POS) in case of restaurant service is considered on performance
basis Accordingly POS in case of restaurants shall be the place where such service was actually performed which is
usually the place where such restaurant is situated
POS is important for both goods and services as the taxable event in GST is supply of goods and services
Q2 Whether restaurant owners can avail composition scheme under GST
Ans Yes composition scheme is open to restaurant business owners
Q3 What is the effective rate of GST on restaurant business under composition scheme
Ans It is 5 subject to maximum turnover of Rs 15 crores
Q4 We are running a food joint located in a standalone building with takeaway as well as sitting facilities to our
customers We are registered under GST normal scheme Can we take beneit of ITC on purchases made by us in relation
to our outward services
Ans A restaurant or a food joint or an eatery located in a standalone building ie not being located inside any hotel inn
guest house or club is not eligible for availing ITC even if purchases made by it were in the course of and in furtherance of
its business Such restaurants shall charge GST 5 on their services without ITC
Q5 We are running a standalone restaurant We have purchased an oven and a chimney for the purpose of our
restaurant Can we avail ITC on it
Ans As already stated in answer to question no 3 no ITC is available to a standalone restaurant even if goods or services
are availed in the course of or in furtherance of business
Q6 Would your answer be different if we are located in a hotel
Ans If a restaurant is located inside a hotel inn guest house lodge or a club where room rent per day exceeds Rs 7500-
the restaurant can avail ITC however GST rate in that case will be 18 In other words such a restaurant will have to
charge GST at 18 which in the case mentioned in reply to question no 1 is 5
ARTICLE
ICSI-NIRC Newsletter I July 2021 77
Q7 Is there any difference in GST rate for AC and Non AC restaurants
Ans The different GST rates prescribed for AC and non AC restaurants have been done away with All restaurants
whether AC or non AC are subject to GST rate of 5 without ITC or 18 with ITC depending upon whether restaurant is
located in a standalone building or inside an hotel inn guest house club etc where room rent per day is above Rs 7500-
Q8 We are engaged in outdoor catering services what are the GST implications for us
Ans For outdoor catering services as of now the GST rate is 18 with ITC
Q9 A restaurant is located inside a three star hotel with room rent of more than Rs 7500- per day The restaurant is also
offering some sweets which may be ordered as a takeawayparcel or may be consumed on a table in the restaurant itself
What are the GST implications on both situations
Ans Sweets attract 5 GST so take away from the counter will attract 5 GST only Whereas if sweets are consumed on a
table in the restaurant itself then it will attract GST at 18 since restaurant is located inside a hotel with room tariff of Rs
7500- and above
Q10 We are a moving restaurant and are providing over the counter take away and parcel services to our customers
What is the GST rate to be charged
Ans In this case GST to be charged is 5 without ITC
Q11 We are running a school We have an in house canteen for the beneit of our staff and students What are the GST
implications on us in the two situations
(i) if we supply food and beverages to our staff and students ourselves
(ii) if we engaged a contractor for running the canteen and to provide food and beverages to our staff and students
Ans In the situation (i) GST is exempt
In situation (ii) GST to be charged is 5 In this case the contractor is liable to charge GST at 5
ARTICLE
ICSI-NIRC Newsletter I July 782021
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shubham Budhiraja ACS
shubhambudhiraja02gmailcom
PROVISIONAL ATTACHMENTUNDER GST amp DOCTRINE OF
PROPORTIONALITYThe GST Fraud case initiated against GM Power-tech for issuances of fake invoices to various companies including MS
Radha Krishnan (Appellant) The joint commissioner thereafter in exercise of its delegate powers issued Notice under
Section 83 for provisional attachment of bank account of appellant which was challenged by appellant before HC in Writ
petition which was dismissed due to availability of alternative remedy in GST Act The Supreme Court held that exercise
of power by Joint Commissioner under Section 83 provisional attachment was in violation to provisions of law and
against principles of Order 38 Rule 5 and without application of mind and thus Writ was maintainable Hence HC
committed error in law in refusing the Writ
(i) Whetherwritpetitionmaintainableagainstorderofprovisionalattachmentundergstact
yesiforderiswithoutapplicationofmindoragainstprincipleofnaturaljusticeorwithoutjurisdiction
(ii)Whetherorderofprovisionalattachmentcanbeusedtogetspeedyrecoveryofstaterevenueundergst
act
Noprovisionalattachmentisbasedonproportionalitydoctrine
WritPetitionunderArticle226ampExceptionToRuleOfAlternateRemedy
(I) AssistantCommissioner (CT)LTUKakinadaandothersvGlaxoSmithKlineConsumerHealthCare
LimitedAIR2020SC2819 There are certain exceptions to the ldquorule of alternate remedyrdquo include where
- The statutory authority has not acted in accordance with the provisions of the law or
- acted in deiance of the fundamental principles of judicial procedure or
- has resorted to invoke provisions which are repealed or
- Where an order has been passed in violation of the principles of natural justice
(II)WhirlpoolCorporationvRegistrarofTrademarksMumbai(1998)8SCC1 R u l e o f a l t e r n a t i v e
remedy not to operate as a bar in at least three contingencies namely where the writ petition has been iled for
the
- Enforcement of any of the Fundamental Rights or
- There has been a violation of the principle of natural justice or
- Order or proceedings are wholly without jurisdiction or
- The vires of an Act is challenged
Analysis
(I) The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of
fundamental rights but for any other purpose as well
(II) The High Court has the discretion not to entertain a writ petition One of the restrictions placed on the power of
the High Court is where an effective alternate remedy is available to the aggrieved person
(III) Exceptions to the rule of alternate remedy arise where
ARTICLE
ICSI-NIRC Newsletter I July 2021 79
(a) the writ petition has been iled for the enforcement of a fundamental right protected by Part III of the
Constitution
(b) there has been a violation of the principles of natural justice
(c) order or proceedings are wholly without jurisdiction
(d) the vires of a legislation is challenged
(IV) An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the
Constitution in an appropriate case though ordinarily a writ petition should not be entertained when an
eficacious alternate remedy is provided by law
(V) When a right is created by a statute which itself prescribes the remedy or procedure for enforcing the right
or liability resort must be had to that particular statutory remedy before invoking the discretionary remedy
under Article 226 of the Constitution This rule of exhaustion of statutory remedies is a rule of policy
convenience and discretion and
(VI) In cases where there are disputed questions of fact the High Court may decide to decline jurisdiction in a
writ petition However if the High Court is objectively of the view that the nature of the controversy requires
the exercise of its writ jurisdiction such a view would not readily be interfered with
AttachmentbeforeJudgmentampProvisionalAttachment
(I) RamanTechProcessEnggCoandAnrvSolankiTraders2008(1)RCR(Civil)195
(A) The power under Order 38 Rule 5 Civil Procedure Code is a drastic and extraordinary power Such
power should not be exercised mechanically or merely for the asking It should be used sparingly and
strictly in accordance with the Rule The purpose of Order 38 Rule 5 not to convert an unsecured debt
into a secured debt Any attempt by a plaintiff to utilize the provisions of Order 38 Rule 5 as a leverage for
coercing the defendant to settle the suit claim should be discouraged
(II)ValeriusIndustriesvUnionofIndia2019(30)GSTL15(Gujarat)
(A) The power under Section 83 of the Act for provisional attachment should be exercised only if there is
suficient material on record to justify the satisfaction that the assessee is about to dispose of wholly or
any part of hisher property with a view to thwarting the ultimate collection of demand and in order to
achieve the said objective the attachment should be of the properties and to that extent it is required to
achieve this objective
(B) The power under Section 83 of the Act should neither be used as a tool to harass the assessee nor should
it be used in a manner which may have an irreversible detrimental effect on the business of the assessee
(C) The attachment of bank account and trading assets should be resorted to only as a last resort or measure
The provisional attachment under Section 83 of the Act should not be equated with the attachment in
the course of the recovery proceedings
(III)JaiAmbeyFilamentPvtLtdvUnionofIndia2021(44)GSTL41(Gujarat)
(A) Subjective satisfaction as to the need for provisional attachment must be based on credible information
that the attachment is necessary
(B) The opinion cannot be formed based on ldquoimaginary grounds wishful thinking howsoever laudable that
may berdquo
ARTICLE
ICSI-NIRC Newsletter I July 2021 80
(IV)PatranSteelRollingMillvAssistantCommissionerofStateTaxUnit22019(20)GSTL732(Gujarat)
(A) Two instances in which provisional attachment would be apposite these being where the
- assessee is a ly by night operator and
- If the assessee will not be able to pay its dues after assessment
(V) ProexFashionPrivateLimitedvGovernmentofIndiaWP(C)11245of2020dated6January2021
Conditions for the invocation of Section 83 of the SGST Act
I Order should be passed by Commissioner
II Proceeding under Section 62 or 63 or 64 or 67 or 73 or 74 should be pending
III Commissioner must form an opinion
IV Order should be passed to protect interest of revenue
V It must be necessary to attach property
(VI)UFVIndiaGlobalEducationvUnionofIndia2020(43)GSTL472
Pendency of proceedings under the sections mentioned in Section 83 viz Sections 62 or 63 or 64 or 67 or 73
or 74 is the sine qua non for an order of provisional attachment to be issued under Section 83
(VII)KaishImpexPrivateLimitedvUnionofIndia(2020)6AIRBomR122
(A) Taxable account of the taxable person can be attached against whom the proceedings under the sections
are initiated Section 83 does not provide for an automatic extension to any other taxable person from an
inquiry speciically launched against a taxable person under these provisions
(B) The format of the order ie the form GST DRC-22 also speciies the particulars of a registered taxable
person and which proceedings have been launched against the aforesaid taxable person indicating a nexus
between the proceedings to be initiated against a taxable person and provisional attachment of bank
account of such taxable person
(V)VishwanathRealtorvStateofGujaratSpecialCivilNo7210of2015decidedon29April2015
(A) Satisfaction must be on some tangible material on objective facts with the Commissioner In a given case on
the basis of the past conduct of the dealer and on the basis of some reliable information that the dealer is
likely to defeat the claim of the Revenue in case any order is passed against the dealer under the VAT Act
andor the dealer is likely to sale his properties andor sale andor dispose of the properties and in case
after the conclusion of the assessmentreassessment proceedings if there is any tax liability the Revenue
may not be in a position to recover the amount thereafter in such a case only however on formation of
subjective satisfactionopinion the Commissioner may exercise the powers under Section 45 of the VAT
Act
ARTICLE
ICSI-NIRC Newsletter I July 2021 81
SECTION83ampITSCONDITIONS
(i) The power to order a provisional attachment is entrusted during the pendency of proceedings under any one of
six speciied provisions Sections 62 63 64 67 73 or 74 In other words it is when a proceeding under any of
these provisions is pending that a provisional attachment can be ordered
(ii) The power to order a provisional attachment has been vested by the legislature in the Commissioner
(iii) Before exercising the power the Commissioner must be ldquoof the opinion that forthepurpose of protecting the
interest of the government revenue it is necessarysotodordquo
(iv) The order for attachment must be in writing
(v) The provisional attachment which is contemplated is of any property including a bank account belonging to the
taxable person and
A provisional attachment under Section 83 is contemplated during the pendency of certain proceedings meaning
thereby that a inal demand or liability is yet to be crystallized An anticipatory attachment of this nature must
strictly conform to the requirements both substantive and procedural embodied in the statute and the rules The
exercise of unguided discretion cannot be permissible because it will leave citizens and their legitimate business
activities to the peril of arbitrary power Each of these ingredients must be strictly applied before a provisional
attachment on the property of an assesses can be levied The Commissioner must be alive to the fact that such
provisions are not intended to authorize Commissioners to make preemptive strikes on the property of the assessee
merely because property is available for being attached There must be a valid formation of the opinion that a
provisional attachment is necessary for the purpose of protecting the interest of the government revenue
PROPORTIONALITYampSECTION83
The expressions in Section 83 give regard to both the purpose and necessity of provisional attachment implicate the
doctrine of proportionality Proportionality mandates the existence of a proximate or live link between the need for the
attachment and the purpose which it is intended to secure It also postulates the maintenance of a proportion between
the nature and extent of the attachment and the purpose which is sought to be served by ordering it
Moreover the words embodied in Section 83(1) would leave no manner of doubt that while ordering a provisional
attachment the Commissioner must in the formation of the opinion act on the basis of tangible material on the basis of
which the formation of opinion is based in regard to the existence of the statutory requirement
CONCLUSION
(I) Order 38 Rule 5 CPC provides for provision of Attachment before Judgment
(II) Section 83 of CGST Act 2017 are on same principle provides for Provisional attachment of any property of
assesse by commissioner for protecting interest of Govt Revenue
(III) Section 83 is based on Proportionality doctrine ndash ldquo for the purpose of necessity to do sordquo
(IV) Provisional attachment is based on test of Tangible Material
(V) Under the provisions of Rule 159(5) the person whose property is attached is entitled to dual procedural
safeguards
ARTICLE
ICSI-NIRC Newsletter I July 2021 82
(a) An entitlement to submit objections on the ground that the property was or is not liable to attachment
and
(b) An opportunity of being heard
(VI) The Opinion to passes order for Provisional attachment has to be on basis of material on record and based
on proportionality doctrine
(VII) Mere for expediency in revenue recover is not a ground for which provisional attachment to be passed
(VIII) Provisional attachment is draconian in nature
(IX) Section 83 does not provide for an automatic extension to any other taxable person from an inquiry
speciically launched against a taxable person under these provisions
(X) Since power to provisional attachment is delegated to Joint commissioner under Section 5(3) hence there is
no appeal available to Appellate authority under Section 107(1) because joint commissioner is not
performing functions of commissioner but of delegate Hence Writ petition was maintainable
(XI) Even where alternative remedy is available writ can be maintainable where
(a) Matter involved is of Fundamental rights
(b) Matter involved is of Natural Justice non-application of mind
(c) Matter involved absence of jurisdiction excess of jurisdiction
chapters of nirc of icsibull Agra
bull Ajmer
bull Alwar
bull Amritsar
bull Bareilly
bull Bhilwara
bull Bikaner
bull Chandigarh
bull Dehradun
bull Faridabad
bull Ghaziabad
bull Gorakhpur
bull Gurugram
bull Jaipur
bull Jalandhar
bull Jammu
bull Jodhpur
bull Kanpur
bull Karnal
bull Kota
bull Luchnow
bull Ludhiana
bull Meerut
bull Modinagar
bull Noida
bull Panipat
bull Patiala
bull Prayagraj
bull Shimla
bull Srinagar
bull Udaipur
bull Varanasi
ARTICLE
ICSI-NIRC Newsletter I July 2021 83
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Shikha Saxena ACS
shikhasaxena214gmailcom
Goods andService Tax
Introduction GST was introduced to replace multiple indirect taxes levied by State and Central Government GST is
Single domestic indirect tax law for the entire country So it is an indirect tax which replaced many indirect taxes in India
such as excise duty VAT Service tax etc
Features
1 Destination Based Tax
2 Multi stage
DestinationBasedTax
It means tax will be levied at the place where goods and services are consumed not at the origin So the state which
consume the goods and services will have right to collect GST
Example A good is manufactured in Rajasthan and sold in Gujrat then the Rajasthan Government will receive revenue
from taxing manufacturing and warehousing whereas Gujrat Government will receive the revenue of the inal sale
MultiStage
GST is levied on on value addition done on every stage
Example Once raw material has been bought value is added by manufacturer by means of making the raw material into
a product The warehousing is the next step where value is added which is then sold to retailers where the inal addition
of value is done At each step GST will be levied
DifferenceBetweenGSTandearlierTaxSystem
EarlierTaxSystem GST
Goods
Manufacture Sale Excise Duty VatSales Tax
In case of Service Service Tax levied
GoodsServices
Supply
GST
Central GST Integrated GST State GST
ARTICLE
ICSI-NIRC Newsletter I July 2021 84
HowGSTisBeneicialascomparetoearliertaxstructure
1 Removing the cascading effect of Tax
2 Higher threshold for GST Registration
3 Composition Scheme for small business
4 Simpler online facilities for GST Compliance
5 Deined treatment for e-commerce activities
6 Regulating the unorganized sector
In simple terms it can be explained through example
EarlierSystem GSTSystem
Product sale from Rajasthan to Gujrat Price Rs 1000 Price Rs 1000
VAT 10 Rs 100 CGST 5 Rs 50
Total Cost Rs 1100 SGST 5 Rs 50
Total Cost Rs 1100
Product sale from Gujrat to Haryana Cost Price Rs 1100 Cost Price Rs 1100
Proit Rs 1000 Proit Rs 1000
Sell Price = Cost + Proit Sell Price = Cost + Proit
Sell Price Rs 2100 Sell Price Rs 2100
CST 10 Rs 210 IGST 10 Rs 110
Total Price Rs 2310 Total Price Rs 2210
In the case of Goods and Services Tax there is a way to claim the credit for tax paid in acquiring input The individual who
has already paid a tax can claim credit for this tax when he submits his GST returns
In the end every time an individual is able to claims the input tax credit the sale price is reduced and the cost price for
the buyer is reduced because of lower tax liability The inal value of the product is therefore reduced from Rs2310 to Rs
2210 thus reducing the tax burden on the inal customer
BeforestudyinggointodeeperitisnecessarytounderstandthejourneyofGSTin
IndiaHistoryofGSTinIndia
ARTICLE
ICSI-NIRC Newsletter I July 2021 85
ComponentsofGST
CGST Central Goods and Service Tax
They are levied by the central government for intrastate movement of goods and services Intrastate means within one
state CGST revenues go to the central government
SGST State Goods and Services Tax
They are levied by the state government thats state indirect taxes It is the tax collected by the state government on an
intra-state sale
IGST Integrated Goods and Services Tax
It is a tax collected by the Central Government for an inter-state sale
Sale Within the State CGST + SGST Revenue will be shared equally between the centre and the State
Sale to another State IGST There will only be one type of tax (central) in case of inter state sale The centre
will then share the IGST revenue based on the destination of goods
Turnover(ForsaleofGoods)
Registration Effective
Exceeds Rs 20 Lakh Yes- For Normal Category States stEffective from 1 April 2019
Exceeds Rs 20 Lakh Yes- For Special Category States stEffective from 1 April 2019
ForProvidingServices
Persons providing services need to register if their aggregate turnover exceeds Rs 20 Lakh for normal category states
and Rs 10 Lakh for Special category states
Asperthenewamendmentanoptionwasgiventothestatestooptfornewlimitsor
continuetheearlierstatusquo
N o r m a l C a t e g o r y
StateUTforanewlimit
ofRs40Lakh
Kerala Chhattisgarh Jharkhand Delhi Bihar Maharashtra Andhra Pradesh Gujrat
Haryana Goa Punjab Uttar Pradesh Himachal Pradesh Karnataka Madhya Pradesh
Odisha Rajasthan Tamil Nadu West Bengal Lakshadweep Dadra and Nagar Haveli
Daman and Diu Andaman and Nicobar Island and Chandigarh
NormalCategorystatewhochoosestatusquo
Telangana
SpecialcategoryStateswhooptedfornewlimitofRs40Lakh
Jammu and Kashmir and Assam
SpecialCategoryStateswhooptedfornewlimitofRs20Lakh
Puducherry Meghalaya Mizoram Tripura Manipur Sikkim Nagaland Arunachal Pradesh Uttarakhand
ARTICLE
ICSI-NIRC Newsletter I July 2021 86
Section 24 of the Central Goods and Service Tax Act 2017 explains the Provisions of compulsory registration
Oslash The person engaged in the inter-state taxable supply of goods or services or both
Oslash A casual taxable person engaged in taxable supply
Oslash Persons liable to pay tax under reverse charge mechanism
Oslash A non-resident taxable person engaged in providing taxable supply
Oslash A person liable to pay tax under section 9 (5) of the Act
Oslash The person liable to deduct tax at source (TDS)
Oslash Input Service Distributor
Oslash E-commerce operator
Oslash Person supplying online information and database access or retrieval services from a place outside India to a
person in India other than a registered taxable person
SlabRates
There are around six slabs of rates as per latest council meeting of GST
Rates Particulars
5 Cream and yogurt paneer cashew nut raisins fruit and nuts and a few others Now for these products
25 goes to the state government and the rest 25 goes to the CGST Many household items are
covered in this section
12 Citrus fruits jams sausages 20l drinking water statues pots and jars geometry box cutlery railway
coaches printer ink wooden toys and more Here for every product 6 goes towards CGST and 6
goes towards SGST This section covers processed food to a great extent
18 Bindis chocolates fountain pens tripods soap toothpaste and industrial intermediate products are
therein this slab Here 9 goes towards SGST and 9 goes towards CGST The central goods and
services tax act 2017 has a full list of items
28 Cigarettes caffeinated beverages pan masala motor cars and motorcycles air conditioners
refrigerators etc Mainly luxury items are covered in this sector In this 14 goes towards SGST and
14 goes towards CGST
3 Coins gold silver platinum imitation jewellery etc are taxed at 3 Here 15 goes towards SGST
and 15 towards CGST
25 Precious stones are taxed at 025 where 0125 goes towards CGST and 0125 goes towards SGST
0 There are also some products that are taxed at 0 basically they are tax free
Mammals live swine live bovine mammals birds insects ish curd lassi buttermilk bananas
apples grapes human hair sanitary napkins among others
ARTICLE
ICSI-NIRC Newsletter I July 2021 87
The central GST Act 2017 has a full updated list of all items under all GST tax slabs
NewCompliancesUnderGST
E-WaysBills E-invoicing
M a n u f a c t u r e r s t r a d e r s a n d
transporters can generate e-way bills
for the goods transported from the
place of its origin to its destination on
a common portal with ease
Tax authorities are also beneited as
this system has reduced time at check
-posts and helps reduce tax evasion
It is applicable on whose turnover of more than Rs500 crore in any preceding
inancial years (from 2017-18) Further from 1st January 2021 this system
was extended to those with an annual aggregate turnover of more than Rs100
crore
These businesses must obtain a unique invoice reference number for every
business-to-business invoice by uploading on the GSTNs invoice registration
portal The portal veriies the correctness and genuineness of the invoice
Thereafter it authorises using the digital signature along with a QR code
e-Invoicing allows interoperability of invoices and helps reduce data entry
errors It is designed to pass the invoice information directly from the IRP to
the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the
generation of e-way bills too
Penalty If a person commits any GST offenseSection 122 to 138 of the GST Act deines Offences and Penalties under
GST
They divide the offences into two categories
A Offences Attracting Fiscal Penalties
B Offences Attracting Prosecution
It is very dificult to wrap up the entire GST Act into one article but here is the brief of GST to understand it better and
work towards it For more details you can Study Central Goods and Services Act 2017 and also contact on the given mail
ID
ARTICLE
ICSI-NIRC Newsletter I July 2021 88
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS shashank kothiyal ACS
shashankkothiyal9gmailcom
GST A Boon forIndian Economy
Introduction
Whether it was uniformity of taxation and consequent free interior trade or possession of the jewel in the crown at the
root of prosperity of Britain is debatable nonetheless the words of father of modern economics on the beneits of
uniformity of system of taxation cannot be taken too lightly Before implementation of Goods and Service Tax (GST)
Indian taxation system was a farrago of central state and local area levies By subsuming more than a score of taxes
under GST road to a harmonized system of indirect tax has been paved making India an economic union
Genesis
Several countries have already established the Goods and Services Tax In Australia the system was introduced in 2000
to replace the Federal Wholesale Tax GST was implemented in New Zealand in 1986 A hidden Manufacturers Sales Tax
was replaced by GST in Canada in the year 1991 In Singapore GST was implemented in 1994 GST is a value-added tax in
Malaysia that came into effect in 2015
Introduction
ARTICLE
ICSI-NIRC Newsletter I July 2021 89
MonthYear JourneyofGST
2000 In India the idea of adopting GST was irst suggested by the Atal Bihari Vajpayee Government in 2000
The state inance ministers formed an Empowered Committee (EC) to create a structure for GST based
on their experience in designing State VAT Representatives from the Centre and states were requested
to examine various aspects of the GST proposal and create reports on the thresholds exemptions
taxation of inter-state supplies and taxation of services The committee was headed by Asim
Dasgupta the inance minister of West Bengal Dasgupta chaired the committee till 2011
2004 A task force that was headed by Vijay L Kelkar the advisor to the inance ministry indicated that the
existing tax structure had many issues that would be mitigated by the GST system
February2005
The inance minister P Chidambaram said that the medium-to-long term goal of the government was
to implement a uniform GST structure across the country covering the whole production-distribution
chain This was discussed in the budget session for the inancial year 2005-06
February2006
The inance minister set 1 April 2010 as the GST introduction date
November2006
Parthasarthy Shome the advisor to P Chidambaram mentioned that states will have to prepare and
make reforms for the upcoming GST regime
February2007
The 1 April 2010 deadline for GST implementation was retained in the union budget for 2007-08
February2008
At the union budget session for 2008-09 the inance minister conirmed that considerable progress
was being made in the preparation of the roadmap for GST The targeted timeline for the
implementation was conirmed to be 1 April 2010
July2009 Pranab Mukherjee the new inance minister of India announced the basic skeleton of the GST system
The 1 April 2010 deadline was being followed then as well
November2009
The EC that was headed by Asim Dasgupta put forth the First Discussion Paper (FDP) describing the
proposed GST regime The paper was expected to start a debate that would generate further inputs
from stakeholders
February2010
The government introduced the mission-mode project that laid the foundation for GST This project
with a budgetary outlay of Rs 1133 crore computerised commercial taxes in states Following this
the implementation of GST was pushed by one year
March2011 The government led by the Congress party puts forth the Constitution (115th Amendment) Bill for the
introduction of GST Following protest by the opposition party the Bill was sent to a standing
committee for a detailed examination
June2012 The standing committee starts discussion on the Bill Opposition parties raise concerns over the 279B
clause that offers additional powers to the Centre over the GST dispute authority
November2012
P Chidambaram and the inance ministers of states hold meetings and set the deadline for resolution
of issues as 31 December 2012
ARTICLE
ICSI-NIRC Newsletter I July 2021 90
February2013
The inance minister during the budget session announces that the government will provide Rs9000
crore as compensation to states He also appeals to the state inance ministers to work in association
with the government for the implementation of the indirect tax reform
August2013 The report created by the standing committee is submitted to the parliament The panel approves the
regulation with few amendments to the provisions for the tax structure and the mechanism of
resolution
October2013
The state of Gujarat opposes the Bill as it would have to bear a loss of Rs 14000 crore per annum
owing to the destination-based taxation rule
May2014 The Constitution Amendment Bill lapses This is the same year that Mr Narendra Modi was voted into
power at the Centre
December2014
Indias new inance minister Arun Jaitley submits the Constitution (122nd Amendment) Bill 2014 in
the parliament The opposition demanded that the Bill be sent for discussion to the standing
committee
February2015
Mr Jaitley in his budget speech indicated that the government is looking to implement the GST system
by 1 April 2016
May2015 The Lok Sabha passes the Constitution Amendment Bill Jaitley also announced that petroleum would
be kept out of the ambit of GST for the time being
August2015 The Bill is not passed in the Rajya Sabha Jaitley mentions that the disruption had no speciic cause
March2016 Mr Jaitley says that he is in agreement with the Congresss demand for the GST rate not to be set above
18 But he is not inclined to ix the rate at 18 In the future if the Government in an unforeseen
emergency is required to raise the tax rate it would have to take the permission of the parliament So a
ixed rate of tax is ruled out
June2016 The Ministry of Finance releases the draft model law on GST to the public expecting suggestions and
views
August2016 The Congress-led opposition inally agrees to the Governments proposal on the four broad
amendments to the Bill The Bill was passed in the Rajya Sabha
September2016
The Honourable President of India gives his consent for the Constitution Amendment Bill to become
an Act
The GST Council also inalised on the GST rates and GST rules The Government declares that the GST Bill will be
applicable from1July2017
ARTICLE
ICSI-NIRC Newsletter I July 2021 91
Pre-GSTIndirectTaxStructureinIndia
GSTLawfromaConstitutionalPerspective
A DeinitionofGST
ldquoGoods and services taxrdquo means any tax on supply of goods or services or both except taxes on the supply of the alcoholic
liquor for human consumption As per Article 366(12A)
GoodsandServicesTax(GST) is anindirecttax(orconsumptiontax) used in India on the supply of goods and
services It is a comprehensive multistage destination-based tax comprehensive because it has subsumed almost all
the indirect taxes except a few state taxes Multi-staged as it is the GST is imposed at every step in the production
process but is meant to be refunded to all parties in the various stages of production other than the inal consumer and
as a destination-based tax it is collected from point of consumption and not point of origin like previous taxes
B ConstitutionalAmendment
bull Bill passed by Rajya Sabha on 03082016 amp Lok Sabha on 08082016
bull Notiied as Constitution (101st Amendment ) Act 2016 on 08092016
bull Key Features
uuml Concurrent jurisdiction for levy amp collection of GST by the Centre amp the States ndash Article 246A
uuml Centre to levy amp collect IGST on supplies in the course of inter-State trade or commerce including imports ndash
Article 269A
uuml Compensation for loss of revenue to States for ive years on recommendation of GSTC ndash Clause 19
uuml GST on petroleum crude high speed diesel motor spirit (commonly known as petrol) natural gas amp aviation
turbine fuel to be levied from a later date on recommendations of GSTC
ARTICLE
ICSI-NIRC Newsletter I July 2021 92
BeneitsofGST-AdvantageandDisadvantage
Advantages Disadvantage
1 The most important beneit is the removal of cascading
effect ie removal of tax on tax
2 Starting from registration to iling returns and payment
of GST tax its an online procedure
3 Startups wont be running around tax ofices for various
registrations and procedures under excise service tax
and VAT
4 Higher threshold for registration
5 Composition scheme for small business The purpose is
to ease the burden of compliance which enables the
small businesses to focus more on business and less on
compliance
1 The GST structure has been marketed well to portray it
as a simple concept but in reality the understanding is
complicated and distortionary to fully exploit the
expected beneits
2 Multiple tax rates and many complexities will result into
tax disputes and lead to more corruption
3 High confusion regarding the product classiication and
multiple rates is a major concern
4 The food industry has criticized the levying of higher
rates on value-added manufactured goods and has
asked for a simpler regime
5 Items like (i) Alcohol (ii) Real Estate and (iii) Electricity
have been kept out of this regime defeating the purpose
of one tax
ComponentsofGST
GST would be levied on a common base by both the central and the state government simultaneously The dual GST can
be categorized into the following
middot CentralGST(CGST)- GST to be levied by the central government
middot StateGST(SGST)UnionTerritoryGST(UTGST)- GST to be levied by statesUnion Territories with legislature
IntegratedGST(IGST)- GST levied by central government on inter-state supply of goods and services to ensure that the
credit chain is not disrupted Apart from the applicable custom duties import of goods and services would be treated as
inter-state supplies and would therefore be subject to IGST
ARTICLE
ICSI-NIRC Newsletter I July 2021 93
GSTRates
At the time of GST implementation former Finance Minister the late Mr Arun Jaitley said that the government wanted to
keep the GST rates close to the original rates But there were differences in case of some items because of the changes in
the economy as well as customer preferences Some commodities were kept in the high tax bracket (18-28) but on
scrutinizing the list they found that these commodities should be considered as necessities and not luxuries This is why
the GST rates were revised for commodities such as notebooks exercise books
FewGSTRatesare
Transaction NewRegime OldRegime RevenueDistribution
Sale within the State CGST + SGST VAT + Central ExciseService tax
Revenue will be shared equally between the Centre and the State
Sale to another State IGST Central Sales Tax + ExciseService Tax
There will only be one type of tax (central) in case of
inter-state sales The Centre will then share the IGST
revenue based on the destination of goods
TaxRate Products
025 Cut and semi-polished stones are included under this tax slab
5 Household necessities such as edible oil sugar spices tea and coffee (except instant) are included
Coal MishtiMithai (Indian Sweets) and Life-saving drugs are also covered under this GST slab
12 This includes computers and processed food
18 Hair oil toothpaste and soaps capital goods and industrial intermediaries are covered in this slab
28 Luxury items such as small cars consumer durables like AC and Refrigerators premium cars
cigarettes and aerated drinks High-end motorcycles are included here
CompliancesunderGST
Apart from online iling of the GST returns the GST regime has introduced several new systems along with it
uuml E-WayBills GST introduced a centralised system of waybills by the introduction of ldquoE-way billsrdquo This system was
launched on 1st April 2018 for inter-state movement of goods and on 15th April 2018 for intra-state movement of
goods in a staggered manner
Under the e-way bill system manufacturers traders and transporters can generate e-way bills for the goods
transported from the place of its origin to its destination on a common portal with ease Tax authorities are also
beneited as this system has reduced time at check -posts and helps reduce tax evasion
uuml E-invoicing The e-invoicing system was made applicable from 1st October 2020 for businesses with an annual
aggregate turnover of more than Rs 500 crore in any preceding inancial years (from 2017-18) Further from 1st
January 2021 this system was extended to those with an annual aggregate turnover of more than Rs100 crore
These businesses must obtain a unique invoice reference number for every business-to-business invoice by
uploading on the GSTNs invoice registration portal The portal veriies the correctness and genuineness of the
invoice Thereafter it authorises using the digital signature along with a QR code
E-Invoicing allows interoperability of invoices and helps reduce data entry errors It is designed to pass the invoice
information directly from the IRP to the GST portal and the e-way bill portal It will therefore eliminate the
requirement for manual data entry while iling GSTR-1 and helps in the generation of e-way bills too
ARTICLE
ICSI-NIRC Newsletter I July 2021 94
GoodsampServicesTax(GST)Council
GST Council is a constitutional body for making recommendations to the Union and State Government on issues related
to Goods and Service Tax The GST Council is chaired by the Union Finance Minister and other members are the Union
State Minister of Revenue or Finance and Ministers in-charge of Finance or Taxation of all the States
The Union Cabinet in its meeting held on 12th September 2016 approved setting-up of GST Council and setting up its
Secretariat As per Article 279A of the amended Constitution the GST Council which will be a joint forum of the Centre
and the States shall consist of the following members -
i Chairperson ndash Union Finance Minister
ii Vice Chairperson - to be chosen amongst the Ministers of State Government
iii Members - MOS (Finance) and all Ministers of Finance Taxation of each State
uuml Quorum is 50 of total members
uuml Decision by 75 majority
uuml States - 23 weightage and Centre - 13 weightage
uuml Council to make recommendations on everything related to GST including laws rules and rates etc
Introduction
stWe are living in 21 Century ie in the age of social media With the handy use of social media the question comes
whether these instant messages ie Whatsapp Messages are of any legal relevance and admissible in Courts
Lately now courts have begun to admit instant messages and pictures sent on these platforms as evidence in both
Criminal as well as Civil matters
ArewhatsappChatsadmissibleasEvidence
In this present digital world electronic devices are used frequently especially for business transactions One of the most
common tool for communication is Whatsapp With digitization the Indian judiciary has also become more advanced
and techno-friendly The Parliament had enacted the Information and Technology Act 2000 to redeine the deinition of
electronic record undersection2(1)(t)of Information and Technology Act 2000With the help of mobile phones
people are daily expressing themselves which results in extensive collection of records that may become evidence in
legal matters
CurrentScenarioofIndianlegalSystem
Section 65(B) of Indian Evidence Act was introduced in Information Technology Act 2000 in order to consider
electronic communication viz Email Computer generated documents Whatsapp messages etc as valid evidence in the
Courts of law A 3-judge bench of the Honble Supreme Court of India has recently clariied and elaborated the law on
thadmissibility of digital evidence in judicial proceedings vide its judgment dated 14 July 2020 in the matter of Arjun
PanditraoKhotkarvKailashKushanraoGorantyalampOrs
It was held that certiicate under Section 65B (4) of the Evidence Act (ldquoActrdquo) is essential for admissibility of electronic
records stating that the same is to the best of his knowledge and belief These measures are taken by the court to ensure
the source and authenticity of the electronic record Electronic evidence can be easily tampered altered with hence
these safeguards prove to be very signiicant to ensure justice especially in the cases where the conclusion of the trial is
based on the electronic records
1 The Punjab and Haryana High Court has ruled that WhatsApp messages may be relied upon by investigating
agencies during a crime investigation but a certiicate Section 65B of the Indian Evidence Act is essential for the
same (RakeshKumarSinglavUnionofIndia)
ARTICLE
ICSI-NIRC Newsletter I July 2021 95
Whether Whatsapp Chats areAdmissible In Courts
CS Akshit Gupta FCS
csakguptagmailcom
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
2 AnvarPVVersusPKBasheer2014In this case the Court has interpreted Section 22A 45A 59 65A and 65B
of the Evidence Act and held that secondary information in CDDVDPen Drive is not acceptable without a
certiicate us 65 B (4) of Evidence Act
RelevanceoftheBlueTickintheAdmissibilityofWhatsappChat
The Bombay High Court while hearing an application iled by the SBICardsandPaymentsServicesPvtLtd(the
claimant)againstaresidentRohitJadhav observed that the defaulter who was evading the bank had not only
received the notice in a PDF ile but also opened it and read its contents This means he knows about the notice of bank
and he cannot invalidate such notice on the grounds of sending the same through the digital mode
JusticeGautamPatelheld in the above mentioned case that ldquoFor the purpose of service of the notice I will accept this I
do so because the blue icon indicators clearly show that not only were the message and its attachment delivered to the
respondents number but that both were openedrdquo
Conclusion
Laws relating to admissibility of electronic evidence are still facing some issues There are various questions which are
arising relating to authorship of certiicate Since admissibility of electronic evidence in the court are still facing few
issues even after the twenty years of Information Technology Act came into force we expect some major developments
and amendments in regards of these loophole
ARTICLE
ICSI-NIRC Newsletter I July 2021 96
dkekch dh jkg bruh vklku Hkh ugha
lius lHkh ckdh gS tks ns[ks Fks dHkhA
tu iy Hkj dk esjh fQrjr esa ugha
lQyrk dh cqfukn eSa fy[k jgk gwiexcl vHkhAA
rkmez bd [okc thfor jguk pkfg
esjs kgj ls d ubZ kqvkr gksuh pkfgA
eafty feys k uk feys s vyx ckr gS
lPph dksfkk dks mldk buke feyuk pkfgAA
ARTICLE
ICSI-NIRC Newsletter I July 2021 97
The views expressed are personal views of the authorand it should not be taken as views of the NIRC-ICSI
CS Praveen Agarwal ACS
praveenagarwal303gmailcom
हम कपनी सिचव ह िसफ हार नही ह
िहम िशला पर िलखा वो लख नही जो पल म िपघल जाय
िशला पर िलखा वो लख ह जो अिमट अर ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
अजन की गाडीव सा कलम ह हमारा
क की सदसन सा तज ह ान
कानन की धाराओ और अनछदो स नही ह हम अनजान
ा ण भगर लोभनो क वजह स हम िनरर ह
कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
हम वा ही नही ितवा भी हम ही ह
हम वो ह जो िनर सदा ही ह
हम तो ान क गगन म गगनचर पख ह
कानन क जगत म हम एक अिधकत हार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
dEiuh lfpoCS Prahalad Kumar ACS
email2prahaladgmailcom
ला हो उस ालन को जो सघष की ितमित थी
आज अपन हजनो को ा चहरा िदखाएग
ाग आाकारता का कशल नततव सीखन वाल
ा आज भड़ चलो म फसन की वजह स हम सार ह
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
कपनी पजीकरण स िवलय तक का समथ ाता ह हम
आिथक मदी स उबारन क िलए जान जात ह हम
िविध का पण ह कवल अर नही ह हम
हम कपनी सिचव ह िसफ mdashmdashmdashmdashmdashmdashndash ह
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 98
InitiativesofChapters
Noida
bull On the occasion of PCS Day 2021 Tuesday 15th June 2021 Noida Chapter organised a webinar on the topic
Talk on Future Ready PCS- Insights into Future Challengesrdquo from 0500 pm to 0630 pm During the webinar
Noida Chapter of NIRC felicitated 2 Practicing Company Secretaries having more than 25 years of practice
experience amp 2 PCS irms with three or more partners Appreciation certiicates were given to them and they
shared their experience and journey briely
bull Webinar held on Friday 18th June 2021 from 0500 pm to 0630 pm on the topic Producer Company
Governanceamp Compliance
bull Webinar held on Saturday 19th June 2021 from 1100 am to 1230 pm on the topic Practical tips for settlement
of legal disputes
bull Webinar on the Topic ldquoRole of Company Secretaries During Covid and Post Covid Periodrdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part -1)rdquo
bull Webinar on the Topic ldquoPreparing for Challenges in Businesses Post Covid-19 (Part - II)rdquo
bull Noida Chapter of NIRC of the ICSI organized four days Online NCLT Workshop on 3rd 4th 10th amp 11th June
2021 from 0500 pm to 0700 pm
bull In view of International Yoga Day Noida Chapter of NIRC organized 4 Yoga Sessions on four consecutive
Saturdays from 29thMay 2021 till 19thJune 2021
Bareilly
bull On 5th June 2021 Bareilly Chapter organized a webinar on the theme A brief overview of Recent Amendments amp
Relaxations under Companies Act 2013
bull On 19th June 2021 during the PCS Week one more webinar was organized by Bareilly Chapter on the theme
Opportunities under Insolvency and Bankruptcy Code
bull On 29th June 2021 5th One Day Orientation Program during 2021 for CS Executive students was organized by
the Chapter through virtual mode
Meerut
bull Online Study Circle for students on the topic of Recent amendments in CSR on 12062021
bull PCS Day - webinar on the topic Opportunities under Insolvency amp Bankruptcy Code on 18062021
Modinagar
bull Modinagar Chapter celebrated GST Day 2021 on 05th July 2021
ICSI-NIRC Newsletter I July 2021 99
Faridabad
bull MoU signing ceremony with Pt J L N Govt College FBD - 23042021 in Presence of Chairman NIRC (Virtual)
bull MoU Signing Ceremony with Aggarwal College FBD --10062021 in Presence of Chairman NIRC (virtual)
bull MoU Signing ceremony with IMT College FBD - 23062021 in presence of Chairman NIRC (Virtual)
bull MoU Signed with hospitals -
1) SSB Multi Heart Specialty Hospital on 17042021
2) QRG Hospital w e f 23032021
bull Study Session on Recent Amendments in Companies Act 2013 on Saturday 10th April 2021 at Chapter premises
bull 2nd EDP Batch(15 days) - Classroom Mode wef 03042021 to 20042021
bull PCS Day Celebration on Tuesday 15th June 2021 by Faridabad Chapter
bull WEBINAR on FDI under FEMA on Saturday 19062021
Kota
bull Kota Chapter is celebrating Student month by organizing various activities for students in July 2021
Jaipur
bull PCS Day celebrations week ( Five Webinar )
bull International yoga Day Celebration
bull Workshop at yoga 01062021 to 30062021
bull Vaccination Drive with Fortis Hospital
bull Joint Webinar by Chapter of Rajasthan
bull Online CAP
Gorakhpur
bull Gorakhpur Chapter conducted webinar on Deposit amp Loan to Director on 24th May 2021 The Chief Guest of the
webinar was CS Nagendra D Rao President ICSI and the Guest of Honour was CS HimanshuHarbola Treasurer
NIRC of ICSI
bull Gorakhpur Chapter also conducted webinar on ICSI Auditing Standards on 7th June 2021 The Chief Guest of the
webinar was CS Devendra D Deshpande Vice President ICSI and the Guest of Honour was CS Vimal Gupta
Chairman NIRC of ICSI
bull On 11th June 2021 Gorakhpur Chapter conducted webinar on Dematerialisation E-Voting and Other Issuer
Services of NSDL The Chief Guest of the webinar was CS MamtaBinani Past President ICSI and the Guest of
Honour was CS SusshilDaga Vice Chairman NIRC of ICSI
bull On the occasion of PCS Day 2021 A Panel Discussion was organised by Gorakhpur Chapter on the topic
Opportunities for Company Secretaries in Developing Cities on 15th June 2021 The Special Guest of the
programme was CS Manish Gupta Council Member ICSI The Panel discussed about the various opportunities for
CS in small and developing cities in India
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 100
bull On 27th June 2021 Gorakhpur Chapter organized Blood Donation Camp in collaboration with ICAI Gorakhpur
and JCI Gorakhpur More than 70 persons donated their blood in the camp
bull The Chapter also celebrated Van Mahotsav on 01st July 2021 and GST Day on 05th July 2021 On The occasion of
GST Day celebration
Bhilwara
bull Bhilwara Chapter of NIRC of ICSI organised a webinar on the topic Health Care in COVID-19 on 1st June 2021 The
chief guest of the webinar was CS Vimal Gupta Chairman NIRC
bull On the occasion of PCS Day Celebration Bhilwara Chapter organised a webinar on 12th June 2021 on the topic
Recent Amendments in Companies Act amp MCA Version 30 On that occasion Bhilwara Chapter felicitate the PCS
Members who are practicing 15 years and more
bull Bhilwara Chapter also organised a Yoga session for Members and Students on 19th June 2021
Karnal
bull Following Webinars were organised by Karnal Chapter for Members
1 3rd May 2021 on the topic Unpacking the Nuances of Oppression and Mismanagement
2 29th May 2021 on the topic Interpersonal and Professional Skills for Company Secretaries
3 09th June 2021 on the topic Recent Amendments in Companies Act 2013rdquo
4 16th June 2021 on the topic Interpretation of Statutes for Company Secretaries
bull PCS Day was celebrated with a Webinar on 15th June 2021 on the Theme Opportunities for Company Secretaries
bull In addition to this a Non academic session for Members was organised on 28th June 2021
bull For Students 1 Five days EDP (ADP) and 6 PDPs were conducted online
Udaipur
bull Udaipur Chapter conducted Free Vaccination Drive for Members Students and their Family Members on
24062021
bull Udaipur Chapter organised three Webinar for members on 07062021 15062021 and 26062021
bull Udaipur Chapter organised Yoga Session through virtual mode for members and students on 27th June 2021
bull Udaipur chapter organised Career Awareness Programme for Students
Ghaziabad
bull Ghaziabad Chapter organized 05 days webinar series from 11th June 2021 to 16th June 2021 and invited Senior
faculties during the series CS Vineet Chaudhary Central Council Member The ICSI was Chief Guest on June 15 2021
bull Ghaziabad Chapter organized MOU Signing Ceremony for Academic Collaboration between the ICSI and Maharishi
University of Information Technology on Tuesday June 29 2021 at Maharishi Law School Maharishi University of
Information Technology Maharishi Nagar Sec 110 Noida Uttar Pradesh 201304 CS Nagendra D Rao Honble
President The ICSI graced the occasion with his benign presence
bull Ghaziabad Chapter of NIRC of ICSI conducted a webinar on the topic ldquoStay Positiverdquo with view of giving enthusiasm
and undeniable energy to all the members to express themselves their fears their positive thoughts everything amp
The need of the hour is Expression as well as Motivation on Saturday June 26 2021
bull Ghaziabad Chapter of NIRC of ICSI celebrated International Yoga Day
Initiatives of Chapters of NIRC of ICSI
ICSI-NIRC Newsletter I July 2021 101
CSBF
COMPANYSECRETARIESBENEVOLENTFUND
MEMBERSENROLLEDREGIONWISEASLIFEMEMBERSOFTHECOMPANYSECRETARIESBENEVOLENTFUND
DURINGTHEPERIOD01032021TO30062021
REGION LMNO NAME MEMBNUMBER
NIRC
1 14821 MR GAURAV KUMAR MODI ACS - 64694
2 14830 MR ANKIT ANIL PARDESHI ACS - 62406
3 14831 MR SHAH NAWAZ ACS - 41049
4 14832 MS RICHA KHANDELWAL ACS - 47398
5 14838 MR AMRENDER KUMAR YADAV ACS - 41946
6 14839 MS RENU KATHURIA ACS - 34023
7 14844 MR SUMIT KUMAR SINGH ACS - 50243
8 14857 MR PARITOSH CHAUHAN ACS - 42603
9 14862 MS RIYA KHURANA ACS - 58282
10 14868 MS VRUSHALI RAJESHKUMAR DARJI ACS - 54675
11 14869 MR AMIT KUMAR MANGLA ACS - 32638
12 14870 MS KHUSHBOO BHATT ACS - 43508
13 14872 MR VIKASH GUPTA FCS - 9198
14 14876 MR ATUL KUMAR SINGH ACS - 38572
15 14880 MR ANSHUL JAIN ACS - 43863
16 14882 MR AMAN RATRA ACS - 55296
17 14888 MS CHAKSHOO MEHTA ACS - 42309
18 14892 MS DIVYA GAUR ACS - 47360
19 14897 MR ANKIT GOEL ACS - 52633
20 14902 MR SANDEEP KUMAR FCS - 9075
21 14907 MR SAURABH JAIN ACS - 45759
22 14908 MR MANISH KUMAR VERMA FCS - 10023
23 14909 MR HIMANSHU YADAV ACS - 44654
24 14912 MR ANKUR DUDANI ACS - 63498
25 14917 MR PANKAJ SHARMA ACS - 61152
26 14918 MS NAVITA GUPTA ACS - 51316
27 14919 MS ARSHDEEP KAUR JUDGE ACS - 33911
28 14923 MR KARM SAWHNEY ACS - 64986
ICSI-NIRC Newsletter I July 2021 102
CSBF
29 14926 MR LALIT KUMAR ACS - 49701
30 14930 MR DEVESH UPPAL ACS - 53648
31 14937 MS JASLEEN KAUR ACS - 55304
32 14941 MR DHRUV SHARMA FCS - 10760
33 14942 MR MOHD ZAFAR FCS - 9184
34 14944 MR CHANDRAKANT GUPTA ACS - 50829
35 14945 MR AKSHAY SACHAN ACS - 55246
36 14947 MR ARPIT KALANI ACS - 63919
37 14951 MR VIPUL JAIN ACS - 59021
38 14961 MR DHEERAJ ACS - 27493
39 14967 MR MAYANK ACS - 57784
40 14968 MR ASHU DHALL ACS - 50635
41 14971 MR PRINCE KUMAR FCS - 11000
42 14972 MR SUMIT GOYAL ACS - 54398
43 14974 MS DIVYA KHANNA ACS - 53941
44 14976 MS MONIKA GUPTA ACS - 59297
45 14979 MR MOHAMMAD KHALID ACS - 34335
46 14980 MR MUSTKEEM ACS - 56334
47 14982 MR SURESH KUMAR GUPTA FCS - 11059
48 14987 MS SONI PANDIYA ACS - 60696
49 14989 MR PRADEEP KUMAR ACS - 63052
50 14993 MR ANUPAM SRIVASTAVA ACS - 54503
51 15000 MR ROHIT SHRIVASTAVA ACS - 56732
52 15007 MR BHANU BHARGAVA ACS - 30370
53 15010 MS POOJA SINGH ACS - 39178
54 15012 MR NITESH KUMAR JHA ACS - 64377
55 15013 MR ASHWANI KUMAR ACS - 53574
56 15018 MR DEEPENDRA KUMAR MISHRA ACS - 63335
57 15024 SH PIYUSH AGARWAL ACS - 25165
58 15028 MR WASEEM ANWAR ACS ndash 39572
59 15029 SH VIKAS SETHI ACS - 17411
60 15037 MR SHOBHIT KUMAR KUSHWAHA ACS - 46660
61 15039 MR RAVI SHARMA ACS - 54818
62 15044 MR ANURAG PANDEY ACS - 50091
ICSI-NIRC Newsletter I July 2021 103
CSBF
63 15051 MS SHIVANGI SHARMA ACS - 59088
64 15053 MS DEEPTI JOSHI ACS - 51950
65 15058 MR JAGBIR SINGH FCS - 10983
66 15061 MR LOKESH SHARMA ACS - 50553
67 15062 MR KAMRAN SIDDIQUI ACS - 46943
68 15065 MS NEHA SRIVASTAVA ACS - 43927
69 15066 MS RUPALI SHARMA ACS - 37249
70 15070 MR SACHIN GUPTA ACS - 60203
71 15077 SH ASHISH MALKOTIA ACS - 17526
72 15078 MS NIDHI BHARDWAJ ACS - 56098
73 15080 SH ABHINAV RASTOGI ACS - 17692
74 15084 MR ASHISH MISRA ACS - 29368
75 15091 SH RATNESH PRASAD RUKHARIYAR FCS - 5833
76 15094 MR RAHUL CHOUDHARY ACS - 52647
77 15096 MR SHRAWAN KUMAR SHUKLA ACS - 53492
78 15099 MR SHIVAM GOEL ACS - 57386
79 15103 MR YOGESH MAHESHWARI ACS - 39675
80 15106 MS ANUJA JAIN ACS - 57084
81 15107 SH BANOJ KUMAR PRADHAN ACS - 15324
82 15116 MS REETIKA JHOTA ACS - 22130
83 15124 MS SANJANA CHHABRA ACS - 49167
84 15125 MR VAIBHAV SHUKLA FCS - 10556
85 15127 MS POOJA AGGARWAL ACS - 27524
86 15130 MR BHUPENDRA KAUSHIK FCS - 9884
87 15132 MS GAUTAMI GUPTA ACS - 57547
88 15138 MS SHINJINI MUKHERJEE ACS - 65425
89 15140 MS DEEPIKA SIDANA ACS - 55544
90 15141 MR ANMOL KAPOOR ACS - 57017
91 15142 MR KARAN SINGH ACS - 46641
92 15143 SH VIJAY KUMAR KAKKAR ACS - 25145
93 15144 MR NARENDER KUMAR ACS - 40175
94 15150 MS MANSI AWANA ACS - 36655
95 15154 MR AMIT KUMAR ACS - 61851
96 15155 MR AYUSH KUMAR JAIN ACS - 56424
97 15156 MS REKHA RANI NARANIWAL ACS - 38803
ICSI-NIRC Newsletter I July 2021 104
CSBF
98 15158 MS ANJALI GUPTA ACS - 20688
99 15164 MS NIDHI DANG FCS - 10548
100 15168 MR GYANESH KUMAR MISHRA ACS - 46816
101 15170 MS JASWANT KAUR ACS - 18106
102 15173 MS MEHAK GUPTA FCS - 10703
103 15175 MS SHILPI FCS - 11047
104 15177 MS SHEETAL NAHARIA FCS - 11193
105 15178 SH SURENDRA KUMAR SHARMA FCS - 5737
106 15180 MR ASHISH BANSAL ACS - 40217
107 15195 SH NARENDER KUMAR SHARMA FCS - 3189
108 15198 MS POOJA KUMARI ACS - 41504
109 15201 MS UPASNA THAKRAL ACS - 35559
110 15202 MS RENU ACS - 50393
111 15206 MR SWAPNIL AWASTHI ACS - 65802
112 15209 MS ANSHULA CHOUDHARY FCS - 10639
113 15220 MR ISHAN KHANNA ACS - 53517
114 15232 MS VIDHI KANSAL ACS - 24018
115 15233 MR NEERAJ KUMAR KHATRI ACS - 36858
116 15234 MR NIRBHAY ROCHWANI ACS - 44914
117 15235 MR SUMIT RAWAT ACS - 58125
118 15237 MS ARCHITA GUPTA ACS - 39294
119 15238 MS ANKITA GUPTA ACS - 27518
120 15239 SH SATISH KUMAR NIRANKAR FCS - 9605
121 15241 SH VIKASH JOSHI ACS - 19524
122 15245 MR VIKAS YADAV ACS - 43530
123 15250 MRS SHALU VARSHNEY ACS - 17344
124 15253 MS DEEPTI ARORA ACS - 31707
125 15254 MR MOHIT VARSHNEY ACS - 60762
126 15255 MS SHIKHA GOYAL ACS - 60381
127 15257 MS ANNU GUPTA ACS - 47525
128 15258 MR NITESH KUMAR YADAV ACS - 61297
129 15259 MR AAKARSHIT JAI ACS - 63632
130 15260 MS MEHAK MONGA ACS - 43728
131 15261 MR GAUTAM KHURANA ACS - 64072
132 15262 MR ISHAAN SHARMA ACS - 65147
133 15263 MS PALLAVI KAPOOR ACS - 64753
134 15264 MS MANISHA GUPTA ACS - 62708
135 15266 SH LALAN KUMAR SINGH FCS - 7837
136 15269 MR AKASH KANDOI ACS - 48651
137 15272 MR NISHANT PRITAM RAJ ACS - 64110
138 15273 MR INDRA JEET YADAV FCS - 10330
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