Returns under GST

Nowdays most of the people is in doubt about the filling return under GST, so i am here for clearing your doubts for filling return.

First, we will discuss about the RETURN FOR OUTWARD SUPPLIES.;

   
As per the section 25, Every registered taxable person shall furnish electronically the details of outward supplies of goods and/or services effected which includes details relating to zero-rated supplies, inter-state supplies, return of goods received in relation to/in pursuance of an inward supply, exports, debit notes and supplementary invoices issued, during a tax period on or before the 10th day of the month succeeding the said tax period and such details shall be communicated to the recipient of the said supplies.

GST law defines "OUTWARD SUPPLY" as in relation to a person, shall mean supply of goods and/or services, whether by sales, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made by such person in the course or furtherance of business except in case of such supplies where the tax is payable on reverse charge basis.

Now about the RETURN FOR INWARD SUPPLIES

As per section 26, Every registered taxable person shall verify, validate, modify or, if requires, delete the details relating to outward supplies and credit or debit notes communicated under outward supply details to prepare the details of his inward supplies and credit or debit notes received by him in respect of such supplies that have not been declared by the supplier.

Every registered taxable person shall furnish, electronically, the details of inward supplies of taxable goods and/or services, including inward supplies of services on which the tax is payable on reverses charge basis under this ACT and inward supplies of goods and/or services taxable under the IGST Act, and credit or debit notes received in respect of such supplies during a tax period in such form and manner as may be prescribed.

For example, the return of the month of June shall be filled by 15th July.

MONTHLY RETURN

Section 27 prescribed that every registered taxable person shall, for every calendar month or part thereof furnish a return electronically of inward and outward supplies of goods and/or services, input tax credit availed,tax payable, tax paid and other particulars as may be prescribed within 20 days after furnish such return.

Every registered taxable person, who is required to furnish a monthly return shall pay to the credit of the appropriate Government the tax due as per such return not later than the last date on which he is required to furnish such return.

Every registered taxable person shall furnish a monthly return fro every tax period., whether or not any supplies of goods and/or services have been effected during such tax period.

TDS RETURN: Every registered taxable person required to deduct tax at source shall furnish a return, electronically, in which such deduction have been made along with the payment of tax so deducted, within  10 days after the end of such month.

ISD RETURN: Every input service distributor shall, for every calendar month or part thereof, furnish a return, electronically, in such form and in such manner as may prescribed, within 13 days after the end of such month.

ANNUAL RETURN

Section 30 provides that every normal registered taxable person, shall furnish an annual return for every financial year electronically on or before the 31 day of December following the end of such financial year. Every taxable person who is required to get his account audited under subsection (4) of section 42 shall furnish, electronically the annual return along with the audited copy of the annual account and a reconcile statement, reconciling the value of supplies declared in the return furnished for the year with the audited annual financial statement, and such other particulars as may be prescribed.

Indian Accounting Standards Converged with IFRS (Ind AS)

Ind AS are set of accounting standards notified by Ministry of Corporate Affairs (MCA), converged with International Financial Reporting Standards (IFRS), these accounting standards are formulated by Accounting Standard Board (ASB) of Institute of Chartered Accountants of India (ICAI).

Convergence means alignment of the standards of different standard setters with a certain rate of compromise, by adopting the requirements of the standards either fully or partially. Indian Accounting Standards are almost similar to IFRS but with few carve outs so as to make them suitable for Indian Environment.

Till now, MCA has notified 35 Ind AS. However the date of implementation is yet to benotified.

On 2 January 2015, the Press Information Bureau, Government of India, Ministry of Corporate Affairs (MCA) issued a note outlining the various phases in which Indian Accounting Standards converged with IFRS (Ind AS) is proposed to be implemented in India, for Companies other than Banking Companies, Insurance Companies and NBFCs.

The application of Ind AS is based on the listing status and net worth of a company. Ind AS will first apply to companies with a net worth equal to or exceeding 500 crore INR beginning 1 April 2016. Listed companies as well as others having a net worth equal to or exceeding 250 crore INR will follow 1 April 2017 onwards

Need for Change

The only thing which will be received from such transition is common set of accounting standards. The benefits of having the common standards for financial reporting are the reasons which attract this transition.

These are as follows,

a. Better Comparability-By following a common set of standards, will help the stakeholders to compare the organisations globally, i.e. to create an apple to apple comparison.

b. Better Transparency- The users of accounts will be benefited by this as, same accounting standards will help to them understand the fundamentals of the organisation which will generate better transparency.

c. Many companies having subsidiary or Holding company in different countries are required to follow dual set of accounting standards, local standards on one hand & global standards on the other hand. The transition will be helpful in saving time & cost on the finance department. For example, Swiss pharmaceutical giant ROCHE group, which operates in more than 100 countries, likely to save more than $100 million through Convergence.

 d. Attract Foreign Investment- Since the investors can compare with other organisations globally, it will help them to take investment decision, at the same time it will help the organisation to present their financial position in more efficient way to the world, in a language that all can understand.

 e. Due to transition many companies will be attracted towards India, for investing, for setting up subsidiary, etc., which will result in increase in employment opportunities.

 f. Globalization-Globalization can be understand at three levels i. World Trade- Smooth trade can be achieved. ii. Listing, Securities Markets etc. - Listing of Securities on international Stock Exchanges will be eased. Cross border flow of investment will lead to economic growth. iii. Stakeholders- Stakeholder can easily take the decision in regards to the organisation.

 g. Cost Saving - Saving of time and money in planning and executing of accounting and auditing. - Costs involved in the access to the capital market are expected to reduce. - Labour Cost-In developing countries, the labour cost is cheap, but capital availability is difficult. By convergence the cost of capital will reduce & its availability will also be eased.

Adoption or Convergence From the above discussion one may wonder why to introduceInd AS instead of following IFRS as it is. Some countries had accepted the IFRS as it is instead of convergence, Question is why not India?

One of the main reason is any changes in the IFRS would have impact on books of Indian Companies; it would be hard for companies to adopt or cope up with the IFRS as and when amended.

 At the same time, India is multi regulator nation. In India there are many regulators like, Companies Act, Income Tax Act, Securities Exchange Board of India (SEBI), Insurance Regulatory & Development Authority (IRDA), and Reserve Bank of India (RBI) etc.

To welcome the change in IFRS the respective Rules and Regulation must be amended accordingly, which can be time consuming. If the changes in IFRS are not in consensus with the Rules and Regulation, then there will be chaos in the corporate reporting. So Introduction of Ind AS is a way to buy some time to analyse the situation or the change with a view to take necessary action by MCA as it thinks fit.

 Hence, substantially similar to the IFRSs, the Ind AS have some carve outs to ensure that these standards are suitable for application in the Indian environment In a nut shell, Ind AS can be referred as “International Dish with Indian Flavour”

Conclusion:

As the convergence work is still going on, the practical application of IFRS converged standards are yet to come up. As such, problems in the post application periods cannot be denied and moreover, the types of such problems cannot be forecasted for certain, at this point of time. Hence, preparation of IFRS-converged standards is a challenge before the preparers both in India and outside.

 If I could leave you with one thought, it will be that, I am one of those dreamers who would like to see, by the year 2020, India becoming an important financial hub like Hong Kong, New York or London. To make that happen, there are several important steps to be undertaken, one of them is having account standards that are exactly same as International Standard. Ind AS is no more an option; it is the need of the hour.

IMPACT ON HOUSEHOLDS BUDGETS UNDER GST TAX RATES

It is yet unclear what items in your household budget are likely to cost more, and which will be cheaper. The GST Council has decided on four main tax rates, 5%, 12%, 18% and 28%. The highest tax rate is more than what the industry was anticipating.

According to Finance Minister Arun Jaitley, items that are used by the aam aadmi, that is which qualify for mass consumption, will be taxed at 5%. Around 50% of the items that form part of the consumer price index basket (such as daily food consumption items) will not be taxed at all under GST. The tax rate of gold is yet to be decided, the Finance Minister said. Jaitley has also said that several items will be transferred to the 18% GST rate category from 28%. 

Impact of GST rate on Domestic Appliances and Electrical machinery

 

Handlooms used in the handicraft industry are the only machinery charged at NIL rate of tax under GST. Most of the electrical machinery are charged tax at a similar rate to the rate declared under GST. It is expected that the prices are going to stay neutral for the end consumer of the above electrical machinery. Although the manufacturers using electrical machinery will benefit from the availability of input tax credit on the services used which was not available under VAT.

The rate for each household electronic appliance like the fridge, washing machine, vacuum cleaner etc is fixed at the rate of 28% under GST. It is likely that the increase in the tax burden by 2-3% under GST would be passed on to the final consumer.Placement of the basic appliances such as fridge and washing machine under 28% slab shows that electronic appliances are still considered as a luxury by our government.

Manufacturers of such household electronic appliances like Samsung, Godrej, Voltas etc may not be able to provide any benefit of GST to the end consumer due to the tax rate of 28%. Clarifications are also required for the treatment of the current tax exemptions or deductions provided by the different states. Manufacturers in Mumbai would be the only one’s getting relief under GST as they are charged octroi at the rate of 5% after the other taxes( average 25-26%) on household electronic appliances.

Companies said this may not lead to much price drop except in small screen televisions since there is significant increase in television panel prices globally and commodities like steel. "The marginal drop in taxes will have no big impact since the difference in rates is just marginal," said Godrej Appliances business head Kamal Nand.

Final GST Slab rates are :

• Zero rated items : Foodgrains used by common people. ( A sigh of relief…hmmm…)
• 5% Rate : Items of mass consumption including essential commodities will have low tax incidence.
• 12% and 18 % Rate :  Two standard rates have been finalised as 12% and 18%.
• 28% Rate : White goods like Air conditioners,washing machines,refrigerators,soaps and shampoos etc.that were taxed at 30-31% shall be now taxed at 28%.

Demerit goods like tobacco,tobacco products,pan masala,aerated drinks and luxury cars shall be charged at the highest rate of 28%.An additional cess on some luxury goods shall also be imposed.
Services that are now taxed at 15% shall be taxed at a higher rate of GST @ 18%. Various goods have been classified to fit into the above categories.

It is infact too early to predict the actual impact of GST on different sectors.

Conclusion

It is expected that due to the expected inflation and rise in the tax rate would increase the price of the television, fridge, vacuum cleaner or air-conditioners. The price of commercial electrical machinery is expected to stay neutral.

 

Composite Scheme under Goods and Service Tax

The Composition Scheme under GST will be applicable to persons whose taxable is less than 50 lacs. The GST Composition Scheme is aimed at small business people with low turnover. Under a Composition Scheme, the persons liable to pay GST are exempted from maintaining Books of Accounts. Rate of tax under the Composition Scheme shall be the rate as prescribed, but not less than one percent of the turnover during the year.

Examples of Businesses who use GST Composition Scheme are Retailers, Restaurants, Canteens etc. Dealers under Composition Scheme cannot import or export goods and services.


Composition options contain conditions (varies from State to State) such as:

         (a) such dealer maintains separate account of each type of his business;
         (b) the total turnover is limited/ in some cases not limited;
         (c) the amount payable by way of composition is lower;
         (d) dealer has to exercise the option for the whole year;
         (e) dealer would not be able to avail the credit of inputs;
         (f) in some States he cannot collect tax from his customers.

Composition Levy under GST

Section 9 of the CGST/SGST Act:

  The Proper Officer would permit a registered taxable person whose aggregate turnover in the  previous year was less than Rs. 50 lakhs to pay:

            • Not less than 2.5% of the turnover in a State, in case of a manufacturer,
            • Not less than 1% in other cases (in case of others i.e. traders),

   Conditions:

          a. A service supplier cannot opt for this scheme.
          b. Permission will not be granted to a person, who makes any supply                  of goods, which does not attract GST levy.
          c. Such a person should not have Inter-State supply of goods.
          d. He should not make supply through an e-commerce operator, who                  is required to collect tax at source in terms of section 56.
          e. The aggregate turnover should be upto Rs. 50 lakhs.
          f. He should not avail any credit.
         g. Permission would be refused to a manufacturer of notified goods                    upon recommendation by GST Council.
         h. The scheme should also be opted by all taxable persons having the                 same PAN as held by the taxable person.

Salient features:

       1. The option of composition levy is available to a registered taxable person but it may make him less competitive when dealing with businesses due to the restriction on availing and passing on the tax burden.
       2. Tax payable under reverse charge mechanism would still be payable.
       3. Permission of the proper officer is required for availing the option of                   composition scheme. This could pose difficulties considering the past experience.
       4. If the proper officer has reason to believe that such a person is not eligible for this scheme then he may impose penalty. This would be in addition to the tax payable under other provisionsvand interest liability.
       5. In such an event admissibility of credit is not clearly spelt out in the proposed provisions.

Benefits of scheme:

The advantages or benefits of the scheme should be examined should be analyzed on a case to case basis. Following are the illustrative benefits:

      • It is simple to understand.
      • The person opting for the scheme has to file returns and make payments on quarterly basis.
      • Cost saving benefits would accrue.
      • Minimum records are required to be maintained as compared to a regular assessee.
      • It is more suitable for making direct supplies to consumer/customer.

The major disadvantage is that no GST can be charged in the invoice and credit chain is lost.GST paid on inputs will become a cost and hence it is difficult to sustain competition in the industry, considering the high tax rates, which would prevail in GST regime.

Transitional provision- Section 172;

As per this transition provision, credit of eligible duties and taxes on inputs held in stock is allowed to a taxable person switching over from composition scheme voluntarily or on crossing of Rs. 50 lakhs. The conditions prescribed are (i) such inputs/goods are intended for making taxable supplies under GST law; (ii) he is eligible for input credit on inputs under the GST law; (iii) has tax paid/ prescribed documents which were issued not earlier than one year before the effective date of GST law (iv) the eligible credit should be calculated in a prescribed manner.

Definitions:

     a. Aggregate turnover.
        Section 2(6) of the CGST / SGST Act, 2016 ‘aggregate turnover’ means ‘value of all (taxable, exempt and export supplies and inter-State supplies) – (Taxes + Value of inward supplies + Value of supplies taxable under reverse charge) of a person having the same PAN and has to computed on all India basis for the relevant financial year.
     b. Integrated Goods and Services Tax (IGST) – Section 2(14) of IGST Act
         IGST means the tax levied under the IGST Acton the supply of any goods and/or services in the course of inter-State trade or commerce.

Impact

     • Composition dealer is not eligible to avail the credit of input tax paid.
     • He is not entitled to effect inter-state supply of goods.
     • Composition dealer is not eligible to collect tax.
     • It would be applicable for all the business verticals / registrations which are separately held by the person with same PAN.

Relaxation in Procedures:

       • Tax & return period would be on quarterly basis.
       • Due date for payment and filing of return would be in month succeeding the particular quarter.
       • It is beneficial only for those who are making direct supply to end consumers/customers.

Conclusion:

     The restrictions imposed by the scheme do not make it an attractive alternative for the tax payers. Further the tax payers should take a measured decision by weighing the pros and cons of opting for the scheme including financial viability.

    The overall Composite Scheme has remained the same along with its concepts, when compared to old VAT and GST Law. In the first GST Draft, the Composition Scheme was deleted but was again inserted in the draft bill that was approved in the parliament.