GST: Goods and service tax, GST Rates , GST Latest Updates, GST News

Explanation of the reverse charging mechanism (RCM) regarding car rental

1.  Service providers when renting any vehicle designed to transport passengers where the cost of fuel is included in the rate received from the service recipient has the option of paying GST at either 5% with ITC Limited (for entry services into the same line of business) or 12% with ITC Complete.

 2. The GST Council, at its 37th meeting on September 20, 2019, recommended that car rental provided by suppliers paying the GST value of 5% be leased to institutional entities under the regional coordination mechanism. RCM is not recommended for providers who pay 12% GST through full ITC, so they have the option of continuing to benefit from ITC. RCM would have blocked the ITC chain for them

 3.  Accordingly, the following entry was included in the RCM notification as of October 1, 2019: S. No. Service supply category Service provider Service recipient 15 Services provided by the rental of a car provided to a legal company Any person who is not a corporate company pays a 2.5% central tax on car rental with ITC only from the entry service on the same commercial line to any subsidiary company located in the Taxable region

 4.  After the notification is issued, the government receives the auditor stating that when a service is covered by RCM, GST is paid by the service recipient and not by the provider. Therefore, the wording of the notification, other than the legal entity and paying the 2.5% central tax, should be modified/clarified as follows.

The RCM entry has been modified since December 31, 2019, as follows:

The services provided by the rental of a car designed for passenger transport where the cost of fuel is included in exchange for a fee of the service recipient provided to the legal company

Any person, other than a corporate company that provides the service to a legal company and does not issue an invoice that imposes a 6% central tax on the recipient of the service.

Any legal entity located in the taxable area        

 Therefore, there are only 2 applicable rates for car rental, 5% with ITC Limited and 12% with full ITC

Changes in GST rates for some products in accordance with the recommendations of the 38th GST Council Meeting

Changes in GST rates on certain goods as per recommendations of 38th GST Council Meeting Central Government has changed GST rates as below on certain goods as recommended by 38th GST Council Meeting on 18th December 2019:

Woven and non-woven bags and sacks of polyethylene or polypropylene strips or the like, whether or not laminated, of a kind used for the packing of goods and Flexible Intermediate Bulk Containers   – New GST  - 18%  Old GST - 12%  Applicable from 1 st January 2020

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ITC rules in case of fake  invoices

1. The General Intelligence Department issued internal instructions With regard to the authority of GST officers to prevent ITC in certain circumstances,  all commissioners region chiefs have the facilities to lock/unlock the international trade center used in

The position covered u / s 86A (1) (a) of the CGST rules, 2017, that is, against counterfeitingInvoices or against invoices without receiving goods, services, or both, if Credit sellers are within your jurisdiction.

 2. To implement this provision, all regions of the CGST have received instructions from prior to January 15, 2020, fake GSTN credit providers list and block your ITC u / r 86A (1) (a) for entities in their jurisdiction. Yes, however, there are some entities outside their jurisdiction, you must send a list of those available with the GSTN number to the local office of Pr.ADG / ADG DGGI, with a request to block credit from GSTN, said immediately. a lock the loan was requested before January 17, 2020

Recommendation to importers to mention a specific HS code at  8-digit level during import rather than mentioning the category “others” in the entry bill (BE)

The members of Trade and Industry advised Commercial Notice No. 37/2019 of October 22, 2019, to be cautious when introducing the BE at the time of import and advised them to mention a specific HS code at the 8-digit level, where it exists instead of using the "other" category.

1. Despite the above, the government indicated that importers frequently use the “others” category without due diligence when mentioning the correct HS code at an 8-digit level.
2. The government has once again emphasized that importers should do due diligence and provide BE with mention of the HS code specified at an 8-digit level without using the others category as much as possible.
3. In the event that importers do not comply and their continuous classification, the government can place all of these products in a restricted category and enforce licensing requirements.
4. If the industry finds that the current HS codes are not sufficient to cover the goods it imports, it should immediately suggest the appropriate HS codes at a level of 8 digits for those goods.
   
   
   
   

 Picture Source: JBKlutse , The Economics Times
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