Highlights of the Revised Draft Model GST Law

The revised draft model GST law was made available on 26th November, 2016. Key highlights of the revised Draft Model GST Law are categorized into the following sections:

• What are the changes?
• What are the new additions?
• What are the exclusions?

What are the changes?

SubjectTopicDraft Law- 14^th June, 2016Revised Draft law- 26^th November, 2016RegistrationThreshold limitRs 5 Lakhs for North East statesRs 10 Lakhs for Rest of IndiaRs 10 Lakhs for Special Category States *Rs 20 Lakhs for other than Special Category States* Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and UttarakhandAggregate turnoverAggregate valueIncludes all Taxable Supplies , Non Taxable Supplies, Exempt Supplies and Export suppliesIncludes all Taxable Supplies , Exempt Supplies and Export suppliesSupplyImport of servicesImportation of services, whether or not for a consideration and whether or not in the course or furtherance of business.Importation of services, for a consideration and whether or not in the course or furtherance of business.Composition levyRate of taxNot Less than 1% of Turnover in a State during the financial year.Not Less than 2.5 % of Turnover in a State during the financial year for Manufacturer* and 1 % for others.* Except manufacturer of such goods as may be notified on the recommendation of the CouncilComposition levyRestrictionA registered taxable person engaged in inter-State outward supplies of goods and/or services cannot opt for composition levy.Along with the existing condition of Interstate Outward supplies, the following are new additions :1) Engaged in supply of services2) Engaged in supply of goods which are not leviable to tax under GST3) Engaged in any supply of goods through an electronic commerce operator4) Manufacturer of such goods as may be notified on the recommendation of the CouncilTime of supply of goodsForward chargeEarliest of the following :1. Date of removal of goods2. Date of invoice3. Date of receipt of payment4. Date of entry ( eeceiptrof goods ) in books of accountsEarliest of following :1. Date of invoice2. Date of receipt of paymentTime of supply of goodsReverse chargeEarliest of the following :1. Date of receipt of Goods2. Date of payment3. Date of invoice4. Date of debit in the books of accountsEarliest of Following :1. Date of receipt of goods2. Date of payment made3. 30 days from date of invoiceIf above events are unable to be determined, then the date of entry in the books of account of the recipient will be the time of supplyTime of supply of servicesForward chargeIn case invoice issued within prescribed period : Earliest of following :1. Date of invoice2. Receipt of paymentIn case invoice is not issued within prescribed period :Earliest of the following1. Date of completion of the Service2. Receipt of PaymentEarliest of Following :1. Date of invoice2. Date of receipt of paymentTime of supply of servicesReverse chargeEarliest of the following :1. Date of receipt of services2. Date on which the payment is made3. Date of receipt of invoice4. Date of debit in the books of accountsEarliest of the following :1. Date of payment2. 60 days from date of invoiceIf above events are unable to be determined, than date of entry in the books of account of the recipient will be the time of supplyValue of supplySubsidesValue will include subsidies provided in any form or manner, linked to the supplySubsidies directly linked to the price excluding subsidies provided by the Central and State governmentsJob workInput tax creditPrincipal manufacturer need to receive the inputs sent for job work within 180 daysPrincipal need to receive the inputs sent for job work within 1 yearJob workInput tax creditPeriod to receive back the capital goods is 2 YearsPeriod to receive back the capital goods is 3 YearsRefundInterest on delayed refundInterest will be paid, if not refunded within 3 monthsInterest will be paid, if not refunded within sixty daysTransition provisionRegistered business ( manufacturer, trader and service provider )Conditions to carry forward the Input Tax Credit (ITC) to GST are :1. The closing balance of ITC should reflect in last return filed2. The credit should be allowed under current law and3. It is allowed as input tax credit under GSTConditions to carry forward Input Tax Credit (ITC) to GST are :1. The closing balance of ITC should reflect in the last return filed2. It is allowed as input tax credit under GSTSchedulesSchedule IThis schedule provides the list of transaction or activities which needs to be treated as supply even without consideration :1. Permanent transfer/disposal of business assets.2. Temporary application of business assets to a private or non-business use.3. Services put to a private or non-business use.4. Assets retained after deregistration.5. Supply of goods and / or services by a taxable person to another taxable or non-taxable person in the course or furtherance of business.As per the revised draft law, the transaction or activities mentioned under No.2,3,4 and 5 are excluded and revised Schedule I contains :1. Permanent transfer/disposal of business assets where input tax credit has been availed on such assets.2. Supply of goods or services between related persons, or between distinct persons as specified in section 10, when made in the course or furtherance of business.3. Supply of goods by a principal to his agent, where the agent undertakes to supply such goods on behalf of the principal, or vice versa.4. Importation of services by a taxable person from a related person or from any of his other establishments outside India, in the course or furtherance of business.

What are the new additions?

TopicNew AdditionDetailsDefinitionCapital goodsCapital goods means goods, the value of which is capitalised in the books of accounts of the person claiming the credit and which are used or intended to be used in the course or furtherance of businessSupplymixed supplyTwo or more individual supplies of goods or services or a combination, supplied by a taxable person for a single price.SupplyComposite supplySupply made by a taxable person to a recipient, comprising of two or more supplies of goods or services, or any combination which is naturally bundled and supplied in the ordinary course of business.Time of supplySupply of voucherThe time of supply will be earliest of the following :1. Date of issue of voucher, if supplier is identifiable2. Date of redemption of voucher, in all other casesValue of supplyInterest, late fee or penaltyInterest or late fee or penalty for delayed payment of a supply will be taxable.Value of supplyPost supply discountPost supply discount will be excluded from transaction value only if :1. discount is known in terms of an agreement entered into at or before the time of such supply and specifically linked to relevant invoices and2. Input tax credit has been reversed by the recipient of the supply as is attributable to the discount on the basis of document issued by the supplier.InvoiceReverse charge mechanismA registered taxable person who is liable to pay tax on reverse charge should issue a Tax Invoice on making any inward supply of goods or services from unregistered person.ITC on capital goodsFor pipeline and telecom towersMaximum of 1/3rd ITC in first year, maximum of 2/3rd ITC in second financial year including the claim of first year, and remaining in any subsequent financial year.ITCReversal of ITC on supply of serviceIf the recipient fails to pay the supplier of service, the amount towards the value of supply of services along with tax payable within a period of three months from the date of issue of invoice, an amount equal to the input tax credit availed by the recipient shall be added to his output tax liability along with interest.Anti-profiteering clauseAnti-profiteeringTo examine whether the benefit of input tax credit availed by any registered taxable person or any reduction in the tax rate has actually been passed on to customer, by way of reduction in price of the goods or services.Transition provisionExcise dutyA First stage Dealer / Second Stage Dealer / Importer is allowed to avail Input Tax credit on closing Stock.Transition provisionEntry taxEntry Tax paid is allowed to be availed as input tax credit on closing stock held.Transition provisionService taxService Provider engaged in providing exempted services which are taxable in GST, can avail the Input Tax credit on Inputs.SchedulesSchedule IIIThis schedule gives list of activities or transactions which shall be treated as neither supply of goods nor supply of services.Read more on transition provisions

What are the exclusions*?

TopicExclusionDetailsDefinition of goodsSecuritiesAs per the definition, Securities are excluded from goodsValue of supplyRoyalties, License Fee and Free of charge goods or servicesThese are excluded from section on value of supplyValue of supplyValuation rulesThe valuation rules (comparison, computed and residual method) are excluded from Revised Draft law.*These are excluded from the revised draft law as compared to draft law published on 14^th June, 2016. As the law is in still draft stage, these may be prescribed at a later stage.