Goods and Service Tax (GST)

Special GST Recovery Provisions

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Special-Recovery-Provisions-under-GST

Void transfer of property

As we have discussed in our previous blog, the department can seize properties belonging to the defaulter to recover the due tax amount. Sometimes, in order to avoid such seizures, the taxpayer transfers the property via sale, mortgage, exchange etc. after the amount has become due – the intention being to evade paying the tax amount which is due.

To handle such a scenario, the provisions have been laid down, which state that transfer of property will become void, whenever there is a tax amount due to be paid.

However, the transfer will not be held as void, provided:

  • Transfer has been made for an adequate consideration
  • Transfer has been made in good faith, i.e. without any intention to cause fraud
  • The taxpayer has not received any notice regarding pending tax dues or proceedings at the time of transfer
  • Prior permission of the proper officer has been obtained

Tax to be the first charge on property

As per the GST recovery provisions, any tax amount which is due, including interest and penalty, will be the first charge on the property of the defaulter, and will override all laws, except the Insolvency and Bankruptcy Code.

For example, Manjunatha Traders owes INR 20,000 as tax due amount as well as INR 1,00,000 as loan to the bank. Manjunatha Traders has a vehicle worth INR 80,000. However, the due tax amount of INR 20,000 will be the the tax first charge on property i.e. the vehicle, post which the remaining INR 60,000 may be taken by the bank against the loan.

Provisionally attaching property to protect revenue

If at any point in time, the commissioner is of the opinion, that the government revenue is at stake, then he has the authority to provisionally attach any property of the defaulting taxpayer. Such a provisional attachment will have a validity of 1 year.

Properties are generally treated as a temporary security for the purpose of provisional attachment, especially when there is a strong suspicion that the defaulter will abscond. That is the reason why the provision has been made to include bank accounts also into such property and include them as part of provisional attachment of property to protect revenue.

Appeal and Revisions

If the taxpayer files for an appeal or revision against the notice of demand received, then either of the following can occur, as far as the decision is concerned:

  • Due Amount is Increased – In this case, the commissioner will serve another notice of demand for the difference amount. The old amount will anyway be covered by the notice issued earlier.
  • Due Amount is Decreased – In this case, the commissioner will inform the taxpayer about the reduction, and also apprise the authority with whom the recovery proceeding under GST is pending. No new notice will be issued in this case.

Thus, it is important for businesses to not only be aware of the demand provisions, but also the GST recovery provisions, so that a clear clarity exists between what is deemed legal and what is deemed illegal. However, there are certain scenarios – such as transfer of business, mergers, demergers, liquidation etc., which can make recovery of GST a tricky situation for the department. In our next blog, we will go through the provisions in place to determine liability in the case of certain business cases.

Liability to Pay GST which is unpaid – For Stakeholders

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Liability-to-Pay-unpaid-gst

Liability to pay GST – For Agent and Principal

If an agent supplies or receives any taxable goods on behalf of his principal, then both the agent and the principal will be liable to pay unpaid GST, jointly and severally. This defines the liability to pay GST for both agents and principal.

Liability of Directors of Private Company

If a private company does not pay its dues, then the directors of the company will become jointly and severally liable for the dues, i.e. there will be some personal liability for directors. In this case, only the directors who were in office during the period when the tax was due, will have the liability to pay GST. However, if a director can prove to the tax commissioner that the non-payment was not due to any negligence or breach of duty due to his part, then he will not be held liable.

Note: Nothing has been specified as such in the GST Act with regards to conversion or transfer of a private company to a public company. However, a rule in this section states, that this provision does not apply when a private company is converted to a public company. Thus, it can be interpreted to mean that this provision does not apply to public limited companies.

Liability of Partners of a Partnership Firm

In a partnership firm, all the partners have unlimited liability. Similarly under GST, the partners of the firm are jointly and severally liable to pay unpaid GST which is due irrespective of any clause in the partnership deed or any other law.

In case of retirement of a partner, the commissioner must be informed of the same by the firm or the retiring partner. This is because, it could be possible that the retiring partner could have the liability to pay GST until the date of his retirement. If any intimation regarding the retirement is not given within 1 month, the retiring partner will continue to face liabilty for unpaid GST, till such an intimation is received by the commissioner.

Liability of Guardians, Trustees, Agents

Liability to pay GST comes into play when any business is conducted by a guardian or trustee or agent on behalf of and for the benefit of a minor or an incapacitated person. In case of any tax amount due, both the guardians or trustees or agents and the beneficiary will be liable to pay under the GST Act, and the due amount may be recovered from both parties. Thus, it is important to understand GST liability of guardians, GST liability of trustees and GST liability of agents, for such scenarios.

Liability of Court of Wards

This scenario is applicable, when the estate of a taxable person owning a business, is under the control of the Court of Wards or the Administrator General or the Official Trustee or any receiver or manager appointed by a court. In such a case, if the business owes any amount under GST, then all entities will be equally held liable, i.e. the Court of Wards, the Administrator General, the Official trustee, any receiver or manager along with the taxable person.

How Tally.ERP 9 Simplifies Generating E-Way Bills for you?

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generating-e-Way-Bills-using-Tally-ERP-9

You might have already generated e-Way Bills for your business since e-Way Bills are mandatory for interstate movement of goods in India from April 1st onwards.

An e-Way Bill has to be generated if the total of taxable value and tax amount in the invoice of goods being transported exceeds Rs. 50,000, and in few States for intrastate transactions as well.

By now, you must also be aware of the challenges involved in generating e-Way Bills. It is quite likely that you are evaluating a software to make it easy for you to generate and manage e-Way Bills, or you are already using Tally.ERP 9 to do so.

In this blogpost, we will take you through the various challenges that businesses go through on a typical day and how Tally.ERP 9 supports them by helping generate e-Way Bills in a faster and simplified way. Tally.ERP 9 Release 6.4 has been launched with the purpose to make e-Way Bill generation and management easy for you.

Generating e-Way Bills faster using Tally.ERP 9

For many businesses, generating e-Way Bills is now mandatory in addition to their routine activities. Businesses need to generate e-Way Bills faster and correctly for overall efficiency.

Businesses such as distributors of machinery, electrical equipment, consumer durables, wholesalers and manufacturers who dispatch goods in bulk will find it handy to generate an e-Way Bill right at the time of creating the invoice.

Keeping this in view, at the time of creating the invoice after you have provided all the invoice level details, Tally.ERP 9 opens an additional form where you can provide transportation and other details required for generating e-Way Bill.

On the other hand, a business involved in dispatching small quantities of goods such as FMCG distributors will find it a hindrance to generate e-Way Bills for every transaction. They will prefer to generate e-Way Bills in bulk since they dispatch goods for multiple orders at the same time.

In such a case, you can disable the e-Way Bill form in Tally.ERP 9 when creating sales invoices. When you are ready to dispatch goods, you can see all the transactions for which e-Way Bills are yet to be generated. You can select them all together and export them as a single JSON file which can be uploaded on the e-Way Bill portal. The portal will generate e-Way Bills for all these invoices in a single click.

How Tally.ERP 9 helps generate e-Way bills correctly?

Errors can take place when entering data. Tally.ERP 9 has inbuilt capability to check for such errors.
In the absence of any mandatory detail such as distance, vehicle number, pin codes of consignee and consignor, and so on, Tally.ERP 9 will not allow you to export the JSON file for the purpose of generating e-Way Bill. It also checks if the GSTIN numbers and Transporter IDs of the parties are correct or not.

Due to all these inbuilt checks, the chances of your JSON file getting rejected in the e-Way Bill portal is minimized. Generation of e-Way Bills will be faster and accurate.

Be sure to not to miss e-Way bills

Typically, businesses are involved in multiple things at the same time. In a hurry, you could send the goods to your transporter without an e-Way Bill. Due to this, your consignment can get delayed and you will miss out on your promise made to customer. This situation can be avoided easily. Tally.ERP 9 ensures that all the transactions for which e-Way Bills are yet to be generated are available in one place in a single report. You will never miss generating the required e-Way Bills. Even if you have created an e-Way Bill in the portal first, you can update the respective transaction with e-Way Bill details at a later stage through this report.

How Tally.ERP 9 helps in generating consolidated e-Way bill?

If the State, place of supply, vehicle no. and mode of transport are the same, then you can group such invoices, generate their individual e-Way Bills and finally consolidate the individual e-Way Bills and generate a single consolidated e-Way Bill.

Tally.ERP 9 helps you in grouping invoices based on the above criteria, with a single click. This makes it convenient for the transporter since he can now carry just the single consolidated e-Way Bill for multiple invoices.
We have taken you through various kinds of business scenarios with respect to e-Way Bills and explained how Tally.ERP 9 handles all of them, simplifying the generation of e-Way Bills. We are eager to hear about your experiences. Download Tally.ERP 9 Release 6.4 and let e-Way Bill management make your business more efficient. Do share your experience with us.

Liability for GST – Transfers, Mergers & Liquidation

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Liability-to-Pay-Unpaid-GST-–-Transfers-Mergers-Liquidation

Liability for GST during transfer of business

If a taxable person transfers his business, either wholly or partly, to another person, then both the taxable person and the person to whom the business is transferred, will be having liability for GST – jointly and severally, wholly or to the extent of such a transfer, to pay the tax amount which is due, which will include tax, interest and penalties. It does not matter whether the due tax amount was determined before and after the transfer of business under GST, as long as it is unpaid.

All forms of transfer, ranging from sale, gift, lease, leave and license, hire etc. will be covered under GST liability in transfer of business.

Apart from the unpaid tax amounts, the new owner of the business will also have the liablity to pay GST from the date of transfer. If he carries on the business in a new name, which is different from the original, then he must apply for an amendment of his registration certificate, which will prevent any legal complications.

Liability in case of merger or amalgamation of companies

There could be situation where companies enter into an amalgamation or merger under GST. As per the GST provisions, if two or more companies merge or amalgamate, then they are individually have liability for GST, provided:

  • Under GST, merger or amalgamation has happened due to the order of a court or tribunal
  • Order is to take effect from a date earlier to the date of the order i.e. in retrospective effect
  • Both companies have supplied goods and / or services to each other during the period in between the order date to order effect date

It is to be noted that the merging companies will be treated as separate companies under GST till the date of the order and not the order effect date. Their registrations will stand cancelled on the date of the order.

Liability in case of company liquidation

When any company is being wound up, either under the orders of a court or Tribunal or otherwise, every person who is appointed as a receiver of any assets of that company, will need to inform the Commissioner of his appointment as a liquidator, within 30 days. Post this, the Commissioner may conduct enquiries to confirm the same, and then notify the final amount to the liquidator, which in his opinion, will be sufficient to provide for any tax, interest or penalty, which is payable by the company at that point in time. This amount will need to be communicated to the liquidator by the Commissioner within 3 months of receiving the appointment intimation.

When any private company is wound up, the scenario is little different. If, any tax, interest or penalty payable by the company for any period (whether before or in the course of or after its liquidation) cannot be recovered, then every person who was a director of the company at any time during the period for which the tax was due shall, jointly and severally, have liability for GST payment, interest or penalty. However, if he manages to prove to the Commissioner that such a non – recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company, then he may be excused from paying the due amount.

Recovery of Tax under GST

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Recovery-of-Tax-under-GST

When to initiate proceedings for Recovery of Tax?

As per the recovery provisions under GST, if the amount payable by a taxable person, remains unpaid, even after 3 months from the date of issuing the Order for demand of tax, then the recovery of tax under GST will be initiated. However, if the proper officer considers it urgent in the interest of revenue, he may state reasons recording in writing, and direct the concerned taxpayer to make payment in a reduced period as well. In any case, if the demand is not paid in the time specified, then the department will initiate proceedings for tax recovery under GST.

What are the modes of recovery of tax?

The proper officer may recover the tax due in the following tax recovery modes:

  • Deduction of due amount from the tax amount payable to such person by the department
  • Recovery of tax by way of detaining and selling any goods belonging to such person
  • Recovery of tax from another person, from whom money is either due or may become due to such person
  • Recovery of tax from another person, who holds or may subsequently hold money for or on account of such person, to pay to the credit of the Central or a State Government
  • Detention of any movable or immovable property belonging to such person, until the amount payable is paid. If the dues are not paid within 30 days, the said property is to be sold and with the proceeds of such sale the amount payable and cost of sale is to be recovered
  • Recovery of tax through the collector of the district, in which such person owns any property or resides or carries on his business, as if it were an arrear of land revenue. The proper officer will need to prepare a certificate specifying the amount due from such person and hand it over to the concerned collector, for this purpose
  • Recovery of tax by way of application to the appropriate magistrate, who in turn shall proceed to recover the amount as if it were a fine imposed by him
  • Recovery of tax via enforcing the bond or instrument executed under the Act or any rules or regulations made under the Act
  • Recovery of tax done by the proper officer of the State Government or Union Territory Government, wherein, any CGST arrears will be recovered as if it were an SGST / UTGST arrear. Such an amount will be recovered, and then later credited to the account of the Central Government. In case the amount recovered by this means, is less than the amount due, then the amount will be apportioned among the Central Government and State / UT Government in proportion to the amount due to each authority

Provision for paying taxes in Instalments

If the taxpayer cannot pay all the GST dues i.e. tax, interest and penalty, in a lump sum or within the stipulated date, then he can file an application to the Commissioner requesting to pay in instalments. Basis this application, the commissioner can either extend the due date of payment, or, allow the taxpayer to pay the amount in instalments. In either case, the reasons for accepting and rejecting this request, have to be provided in writing.

When paying taxes in instalments however, the taxpayer has to remember the following conditions:

  • Instalments are payable every month
  • A maximum of 24 instalments are allowed i.e., the time of payment can be extended for a maximum of 2 years
  • Interest at 18% must be paid along with the instalment
  • All instalments must be paid on time. A single default will cause the instalments to cease and the entire outstanding balance will become due on that date, and will be recoverable, without any notice

However, please note that this option of paying in instalments is not available for dues under self-assessment. Any tax under self-assessment must be paid in one go.

Determination of Tax Liability under Demand Provisions

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Determination-of-tax-liability

In this blog, we will understand the rules laid down for determination of tax liability for calculation of penalty under the demand provisions of GST.

General Provisions for Determination of Tax Liability

The general provisions for determination of tax liability are as follows:

  • If the service of the Show Cause Notice (SCN) or the issue of the Order, both of which are important notifications for a defaulting tax payer, have been stayed by a Tribunal or Court order, then the stay period will be excluded from the maximum time limits specified i.e. 3 years in the case of non-fraud cases and 5 years in the case of fraud cases
  • If the Appellate Authority or Tribunal or Court decides that charges of fraud are not sustainable i.e. the case cannot be labelled as a fraud case, then the case will be handled as a non-fraud one and the SCN issued earlier will be assumed to be a SCN for a non-fraud case. The tax officer will calculate the tax accordingly
  • If the Tribunal or Court directs that an order has to be passed, then it will be issued within two years from the date of the direction
  • An opportunity of a personal hearing will be granted to the taxpayer if they request it in writing, or, if a penalty or any adverse decision is proposed against such person
  • The proper officer can adjourn the personal hearing if the concerned person provides sufficient cause in writing, but, such an adjournment will be allowed for a maximum of 3 times
  • While issuing an order, the proper officer, shall set out the relevant facts and the basis of his decision, in the order itself
  • The amount of tax, interest and penalty demanded in the order will not exceed the amount specified in the notice. All demands will be made, only on the grounds specified in the notice
  • The Appellate Authority or Tribunal or Court can modify the amount of tax determined by the proper officer
  • Interest on tax which is unpaid or short paid, will have to be paid whether or not specified in the order
  • If the order is not issued within 3 years (in case of non-fraud cases) or 5 years (in case of fraud cases), then it is assumed that the adjudication proceedings are completed, and no further orders will be issued afterwards
  • All pending cases, where the decision was against the interest of revenue, might be appealed to a higher authority. For such cases, the period between the date of the original decision and the date of the revised decision of the higher authority, will be excluded from the period of 3 years or 5 years, as applicable
  • Recovery provisions for unpaid or short paid tax and interest levied on the same, is applicable irrespective of the demand provisions
  • Once a penalty is imposed on a taxpayer under the demand provisions specified for fraud and non-fraud cases, no other penalty under any of the GST sections will be applicable

Tax collected but not paid to Government

The following provisions have been specified to handle the scenario of a person collecting tax from another person, but not depositing the same with the Government, i.e. tax collected but not deposited to the Government:

  • The defaulter will have to mandatorily pay the said amount to the Government, irrespective of whether the supplies, for which the amount was collected, are taxable or not
  • If the amount is not paid in time, a proper officer may issue a SCN immediately, for recovery of the amount and penalty equivalent to the amount. There will be no specified time limit for issuing such a SCN
  • The proper officer, will then after considering all the facts, determine the amount finally due from the defaulter. The defaulter will be liable to pay not only the amount, but also the interest at the rate specified, from the date the said amount was collected by him to the date the said amount is paid by him to the Government
  • The proper officer shall issue an order within one year from the date of issue of the notice, post which the amount shall be collected and adjusted against the relevant tax ledgers

Tax wrongfully collected and paid to Central Government or State Government

One of the most common mistakes which can happen for any business is the payment of tax under the incorrect head i.e. CGST + SGST / UTGST being paid in place of IGST or vice versa. The following provisions have been specified to handle tax wrongfully collected:

  • A registered person who has paid CGST + SGST / UTGST on a transaction considered by him to be an intra-State supply, but which was actually an inter-State supply, shall be refunded the amount of taxes so paid in such manner and subject to such conditions as may be prescribed.
  • A registered person who has paid IGST on a transaction considered by him to be an inter-State supply, but which was actually an intra-State supply, shall not be required to pay any interest on the amount of CGST and SGST / UTGST, which is payable.

Demand under GST

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Demand-Provisions-under-GST

As you must be aware, the Goods and Service Tax is largely payable on a self-assessment basis. If the assessee pays the right amount of tax, there is no problem. However, if there is any short payment or wrong utilisation of input credit, then the GST authorities will initiate demand and recovery of tax under GST provisions, against that particular assessee. Under the GST Act, provisions relating to demand and recovery are quite similar to the provisions under the erstwhile Service Tax and Central Excise Act norms. In this blog, we will understand the provisions of demand under GST in detail.

When can a demand under GST be raised?

The GST Act contains elaborate demand provisions under GST as well as provisions for recovery of tax under various situations, which can be broadly classified as follows:

  • Tax is unpaid or short paid
  • Refund is wrongly made
  • Input Tax Credit is wrongly availed or utilised

Now, these situations can happen, either because of an inadvertent bona fide mistake (normal case) or because of a deliberate attempt to evade tax (fraud case). Since the nature of offences is totally different in both the cases, separate recovery and demand provisions under GST have been laid down for each type of case. These provisions attempt to encourage voluntary compliance, under certain specific timelines, which are discussed below.

Demand of tax when there is no fraud

As per the rules of demand in GST, when there is no fraud, no wilful misstatement or no suppression of facts – in other words, no motive to evade tax, the demand of tax provisions are comparatively more lenient.

Time Limit to issue Show Cause Notice & Order

As per the provisions of demand under GST, the proper officer i.e. the concerned GST authority is required to primarily issue 2 notifications, which serve as opportunities to the defaulter – Show Cause Notice (SCN) & Order.

  • Order – 3 years from the due date of filing Annual Return for Financial Year, to which the amount relates
  • Show Cause Notice (SCN) – 3 months before the date of issue of the Order, i.e. 2 years and 9 months from the due date of filing Annual Return for the Financial Year, to which the amount relates.

Once the above notice has been issued, the proper officer can then serve a statement, with details of any unpaid tax / wrong refund etc., for other periods which are not covered in the notice. This means, that a separate notice does not have to be issued for each tax period, which the concerned authority wants to highlight, as per the provisions of demand under GST.

Penalty Scenarios

  • Before SCN – If the taxpayer pays the tax along with interest, based on his own calculations, or the officer’s calculations, and informs the same to the officer in writing, before the SCN is issued, then the officer will not issue any notice, nor charge any penalty. However, if the officer finds that there is a short payment, they can issue a notice for the balance amount.
  • Within 30 days of SCN – If the taxpayer pays all his dues within 30 days from the date of issue of the SCN, then the penalty will not be applicable, and all proceedings and prosecution regarding the notice will be closed.
  • Within 30 days of Order – If the taxpayer pays all his dues within 30 days from the date of issue of the Order, then penalty will be charged at 10% of tax subject to a minimum of INR 10,000.
  • After 30 days of Order – If the taxpayer pays all his dues after 30 days from the date of issue of the Order, then penalty will be charged at 10% of tax subject to a minimum of INR 10,000.

To sum up,

Due Payment Date Penalty
Before SCN No penalty
Within 30 days of SCN No penalty
Within 30 days of Order 10% subject to a minimum of INR 10,000
After 30 days of Order 10% subject to a minimum of INR 10,000

Demand of tax when there is fraud

As per the demand rules in GST, such provisions arise, when there is unpaid or short paid tax, wrong refund or wrong utilisation of ITC, under the following situations:

  • Fraud
  • Wilful misstatement
  • Suppression of facts

Time Limit to issue Show Cause Notice & Order

As per the provisions of demand under GST, even in the case of fraud, the proper officer i.e. the concerned GST authority is required to primarily issue 2 notifications, which serve as opportunities to the defaulter – Show Cause Notice (SCN) & Order. However, the timelines are different as follows:

  • Order – 5 years from the due date of filing Annual Return for Financial Year, to which the amount relates
  • Show Cause Notice (SCN) – 6 months before the date of issue of the Order, i.e. 4 years and 6 months from the due date of filing Annual Return for the Financial Year, to which the amount relates.

Once the above notice has been issued, the proper officer can then serve a statement, with details of any unpaid tax / wrong refund etc., for other periods which are not covered in the notice. Similar to the previous scenario, a separate notice does not have to be issued for each tax period, which the concerned authority wants to highlight, as per the provisions of demand under GST.

Penalty Scenarios

  • Before SCN – If the taxpayer pays the tax along with interest, based on his own calculations, or the officer’s calculations, and informs the same to the officer in writing, before the SCN is issued, then the officer will not issue any notice, but a penalty of 15% will be charged. However, if the officer finds that there is a short payment, they can issue a notice for the balance amount.
  • Within 30 days of SCN – If the taxpayer pays all his dues within 30 days from the date of issue of the SCN, then a penalty of 25% will be applicable, and all proceedings regarding the notice will be closed.
  • Within 30 days of Order – If the taxpayer pays all his dues within 30 days from the date of issue of the Order, then a penalty of 50% will be applicable, and all proceedings regarding the notice will be closed.
  • After 30 days of Order – If the taxpayer pays all his dues after 30 days from the date of issue of the Order, then penalty will be charged at 100% of the tax amount.

To sum up,

Due Payment Date Penalty
Before SCN 15%
Within 30 days of SCN 25%
Within 30 days of Order 50%
After 30 days of Order 100%

Note: However, as per the latest demand rules in GST, with respect to self-assessed tax and / or any amount collected as tax, a penalty of 10% will still be payable where payment has not happened within 30 days from the due date of payment of the tax. In these cases, penalty will be applicable irrespective of whether or not the taxpayer pays before or after SCN i.e. the due date of payment will be considered more important than date of issue of SCN, over-riding all the rules stated above.

The GST Act also ensures timely disposal of cases by further providing that if the Order is not issued within the stipulated time limit of 3 years or 5 years, as the case may be, the adjudication proceedings shall be deemed to be concluded. This has ensured a strong mechanism for recovery and demand in GST, which will hopefully go a long way to wipe out tax evasion across the nation.

Transaction Sub-Types in E-way Bill

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Transaction-Sub-Types-in-E-way-Bill

In this blog, we will go through the various transaction sub-types in e-way bill, which are available as options, and what each sub-type represents.

Transaction types in e-way bill

On the e-way bill portal, once you start to fill up the form to generate a new e-way bill, you will come across a section called “Transaction Details”. The first field within this section is “Transaction Type”.

Now, if we recall the e-way bill rules, they state that an e-way bill is liable to be raised for primarily the following reasons –

  • In relation to a supply
    • Supply made for a consideration (payment) in the course of business
    • Supply made for a consideration (payment) which may not be in the course of business
    • Supply without consideration (without payment)
  • For reasons other than supply – which includes job work, removal for testing purpose, send on approval basis etc.
  • Due to inward supply from an unregistered person

Based on the above mention e-way bill rules, the options are available in the e-way bill portal. In the “Transaction Type” field, you will need to select either “Outward” or “Inward”. You need to select the option as “Outward”, if you are supplying goods and select “Inward”, if you are receiving goods.

Based on what you select, the relevant options will show up for the “Transaction Sub-Type” field, which are as follows:

  • Outward
    transaction outward

    • Supply
    • Export
    • Job Work
    • SKD / CKD
    • Recipient Not Known
    • For Own Use
    • Exhibitions or Fairs
    • Line Sales
    • Others
  • Inward
    transaction inward

    • Supply
    • Import
    • SKD / CKD
    • Job Work Returns
    • Sales Return
    • Exhibition or Fairs
    • For Own Use
    • Others

Various transaction sub-types in e-way bill portal

Let us understand the various special kinds of transaction sub-types in e-way bill, which we can see above:

Supply – As discussed above, it will cover supplies made for a consideration in the course of business, supply made for a consideration which may not be in the course of business and supply without consideration. This will cover Inward Supply, Outward Supply, Sales Returns etc.

Export / Import – Inward supplies and outward supplies across country borders

Job Work / Job Work Returns – As discussed above, job work is included under “Reasons other than supply”. In addition to the normal job work scenarios, you need to be aware of the inter-State job work scenario, wherein an e-way bill is mandatory, irrespective of the value of the consignment. Also, as per the recent changes in e-way bill rules, when goods are sent by a principal located in one State or Union territory to a job worker located in any other State or Union territory, the e-way bill can be generated either by the principal or the registered job worker as well.

SKD / CKD – SKD stands for “Semi Knocked Down” and CKD stands for “Completely Knocked Down’ which indicates the condition of goods while in transit. An example could be, movement of fan in different parts, which will be assembled later. Depending on whether a consignment is semi knocked down or completely knocked down, the e-way bill needs to be generated.

Recipient Not Known – If we study the e-way rules, especially pertaining to unregistered dealers, we will understand that the recipient may be deemed as known or unknown, based on the knowledge available to the supplier at the time of commencement of movement of goods. In certain business models, unregistered suppliers manufacture goods at their place, and then bring the goods for sale to a common market, where lot of buyers are available. In such a situation, the unregistered supplier will obviously not know at the time of movement of goods, who he is ultimately going to sell the goods to. In such a situation, the e-way bill is not mandatory. However, the unregistered supplier will still have an option to generate the e-way bill. Thus, in case the unregistered dealer chooses to generate an e-way bill under such a scenario, the option “Recipient Not Known” in e-way bill generation screen, will be chosen.

For Own Use – This will be applicable for branch transfers or stock transfers etc.

Exhibition or Fairs – Applicable for Casual Taxable Persons who cause movement of goods for display and sale at exhibitions or fairs at a place, where he does not have a permanent establishment.

Line Sales – Line sales in GST basically imply vertical sales which are made from one unit / department / division of an organisation to another unit / department / division, which is next in the production line. This basically holds true for goods which are output for one process being transported as input for the subsequent process. Line sales in GST is thus an important transaction sub-type to be considered, as “line sales” in e-way bill generation screen will need to be selected.

In conclusion, it is important for businesses to know which transaction sub-type to choose for which business scenario, so that the e-way bill can be generated smoothly and with the right information.

Minimize Mismatches between GSTR-2A and GSTR-3B using Tally.ERP 9

Posted on by Tally Academy

Mismatches-between-your-GSTR-2A-and-GSTR-3B

Mismatch in Input Tax Credit arising due to any difference in values between inwards supply details (furnished by businesses in their GSTR-3B) and outwards supply details uploaded by respective suppliers (available on GST portal as GSTR-2A) may lead to loss in the claimed Input Tax Credit (ITC).

Let’s look at how GSTR-3B and GSTR-2A mismatch can happen

Typically, you would have declared the consolidated value of your inward supplies in your monthly GSTR-3B returns. Your suppliers would have uploaded their sales invoices in GSTR-1, based on which your inward supplies get auto populated in GSTR-2A.

Now in case there are any discrepancies in the values of inward supplies available in GSTR-2A and inward supplies declared by you for the month in your GSTR-3B, it may lead to loss of Input Tax Credit.

Now let us understand the probable reasons for such mismatches.

Possible reasons for mismatches

  1. Your supplier has not uploaded the invoices for which you have already claimed Input Tax Credit.
  2. Values in the supplier’s invoices are not matching with values available in your books.
  3. You might have missed out recording any Purchases or Debit Notes (Purchase Returns) which resulted in reduced Input Tax Credit.

How to identify GSTR-3B and GSTR-2A mismatch

  1. Firstly, you must compare the purchases available in your books with GSTR-2A (available on GST Portal) of the respective returns period.
  2. You can manually match each purchase invoice and identify the differences or identify invoices that are not available on the GST portal or in your books.
  3. If you identify invoices whose values are either not matching or invoices are not available, connect with the respective supplier and ask him to either upload the related invoice in his latest return which is yet to be filed, or amend the invoice details at the time of filing his returns.
  4. Alternately, you can check the physical copies of respective purchase invoices and correct your purchase data, and accordingly make corrections in your latest GST returns which are yet to be filed by reversing the Input Tax Credit.

How Tally.ERP 9 eases your efforts

  1. Download GSTR-2A of the corresponding period
  2. Open Tally.ERP 9. Go to GSTR-2 Report. Load GSTR-2A into Tally.ERP 9. Within seconds, Tally.ERP 9 will show you the details of invoices which are either –
    1. Fully Matched
    2. Partially Matched: This may be due to partial match between invoices available in the books with invoices available on the GST portal.
    3. Available only in Books: This can happen if your supplier has not uploaded some invoices.
    4. Available only in Portal: This can happen if you have not recorded the transaction in your books but your supplier has uploaded the same.
  3. You can take action on the invoices which are mismatched, available only in books and available only in portal by checking with your suppliers or correcting/recording respective purchase invoices in your books.

You can download and compare GSTR-2A of previous periods with your books for all the GST returns filed for the previous periods to ensure that you have claimed the right Input Tax Credit and identify mismatch of GSTR-2A with GSTR-3B. Also, going forward, you can follow this activity for the returns of all upcoming months to reduce chances of mismatches.

Tally. ERP 9 Release 6.2 and higher versions allow you to import and match GSTR-2A. Download the latest release of Tally.ERP 9 and ensure that you get the right Input Tax Credit.

Tally.ERP 9 Series A Release 6.0.2, July, 2017

Posted on by Tally Academy

Highlights

Printing HSN/SAC code on the invoice

Some customers faced issues while printing the HSN/SAC on their invoices. We have solved this problem.

Customers can define HSN/SAC at any level as needed and Tally.ERP 9 will take care of printing the HSN/SAC code on the invoices.

See this help topic or watch this video to understand how the codes and rates are processed by Tally.ERP 9. This will also help you make use of the powerful flexibility offered in setting rates at different levels.

Viewing existing data in the previous release after upgrade

Some customers want to view their data in their old release of Tally.ERP 9 after upgrading to Release 6.

With this upgrade, Tally.ERP 9 Release 6.0.2 will be installed in a new folder. Restore backed up data in a different folder, and open the company in the previous release of Tally.ERP 9. The Tally.ERP 9 license will work for both releases seamlessly.

Note: Always remember to restore your backed up data in a different folder to prevent overwriting the upgraded data.

VAT – Jammu and Kashmir

Exporting VAT Annexure 49 to MS Excel was taking an extremely long time.

This has been addressed. You will find that exporting is much quicker now.

GST

●     You can set up GST rates for a particular price range/slab for multiple stock items from GST Rate Setup screen.

●     The company’s GSTIN/UIN was not displayed in the invoice printout when the secondary address of the company was selected for printing. This issue is resolved.

●     If you enabled the option Print company logo? in the Receipt Printing Configuration screen, the company’s GSTIN/UIN was not displayed in the printed advance receipt. This issue is resolved.

●     In the GST sales invoice printout, the state codes of consignor and consignee were printed incorrectly in neat mode when:

o     Multiple addresses were enabled for the party.

o     The option Allow separate buyer and consignee names? was enabled in the Voucher Configuration screen.

This issue is resolved.

●     The address details in the Buyer section of the invoice printout was shrinking when the options Print State Name & State Code? and Print Place of Supply? were set to Yes in the Invoice Print Configuration screen. This issue is resolved.

●     The HSN/SAC was not displayed in the printed invoice when it was recorded with:

o     Stock items predefined with HSN/SAC.

o     Sales/purchase ledgers predefined only with tax rate and not the HSN/SAC.

This issue is resolved. Now, if the HSN/SAC is not defined in the sales/purchase ledger, but is available in any of the masters linked to the transaction, the same will be printed in the invoice.

●     When the sales invoice or delivery note was printed from voucher display mode, the Place of Supply was not displayed. This occurred even when the option Print Place of Supply? was set to Yes in the Invoice Print Configuration screen. This issue is resolved.

VAT

Jammu and Kashmir

●     The data export to MS Excel templates is enhanced as given below:

o     Values are exported invoice-wise in a single row, with values of each tax rate displayed in respective columns. When there is more than one tax rate belonging to the Other % column of the template, the column will be left blank. The values of both tax rates will be consolidated and displayed in Amount (Other %) column. This is provided in Annexure 48, 48C, 48I, 48IS, 48L, 48S, 49, 49I, and 49S.

o     The Commodity name predefined for the stock item with the highest value in the invoice is captured in the Nature of Goods column of Annexure 48IS, 48L, 48S and 49S.

●     Exporting data to the MS Excel template of Annexure 49 was taking too long. This issue is resolved.

Rajasthan

●     Data export to the latest template of Form 10 is supported for filing e-returns. The details of VAT/CST payment vouchers are captured from row 33 instead of row 27 of the Details of Tax Due sheet of the template VATForm10_2015.xls.

TDS/TCS

●     The latest File Validation Utility (FVU) tool version 5.5 is supported to validate the forms for E-TDS/TCS before filing returns.

The following changes are supported as per the latest FVU tool version 5.5:

o     The nature of payment Payment of Cash Consideration by Real Estate Developer to Property Owner has been renamed as Payment Under Specified Agreement with the Payment code of 41C.

o     As per the changes in section code 206CC, in the party ledger, when PAN/IT No. is defined as PANAPPLIED or PANINVALID or PANNOTAVBL for sales made with the nature of goods Timber Obtained by Any Mode Other Than Forest Lease, the transaction will be marked as C in the data exported to the text file for filing e-returns.

Licensing

●     Tally.ERP 9 Release 6 moved to educational mode without any notification when there were incompatible Account TDLs or Addons. Tally.ERP 9 Release 6.0.2 does not move to educational mode, and allows you continue to use Tally.ERP 9.

However, you need to contact your Tally Partner to make your customisations compatible with Release 6 or later.

Data Management

●     The installation path of Tally.ERP 9 has been changed to C:\Program Files\Tally\Tally.ERP9 to avoid overriding of installation of releases prior to 6.0.2.

●     When the data backup failed, the messages displayed were incomplete as the next course of action was not mentioned in them. The issue is resolved.

Now, the error messages display the corrective course of action such that you can resolve the problem yourself.

Click here for release notes

Click here for download