DEMO|

THE NAGALAND GOODS AND SERVICES TAX ACT, 2017 Notifications
-

Body NOTIFICATION NO.FIN/REV-3/GST/1/08 (Pt-1)/466 Dated 14th September 2017

In exercise of the powers conferred by section 164 of the Nagaland Goods and Services Tax Act, 2017 (4 of 2017), the State Government hereby makes the following rules further to amend the Nagaland Goods and Services Tax Rules, 2017, namely:-

(1) These rules may be called the Nagaland Goods and Services Tax (Sixth Amendment) Rules, 2017.

(2) Save as otherwise provided, they shall come into force with effect from the date of issue of this notification.

2. In the Nagaland Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the principal rules), -

(i) for rule 138, the following shall be substituted, namely:-

"138. Information to be furnished prior to commencement of movement of goods and generation of e-way bill.-

(1) Every registered person who causes movement of goods of consignment value exceeding fifty thousand rupees,-

    (i) in relation to a supply; or

    (ii) for reasons other than supply; or

    (iii) due to inward supply from an unregistered person,

shall, before commencement of such movement, furnish information relating to the said goods in Part A of FORM GST EWB-01, electronically, on the common portal.

(2) Where the goods are transported by the registered person as a consignor or the recipient of supply as the consignee, whether in his own conveyance or a hired one or by railways or by air or by vessel, the said person or the recipient may generate the e-way bill in FORM GST EWB-01 electronically on the common portal after furnishing information in Part B of FORM GST EWB-01.

(3) Where the e-way bill is not generated under sub-rule (2) and the goods are handed over to a transporter for transportation by road, the registered person shall furnish the information relating to the transporter in Part B of FORM GST EWB-01 on the common portal and the e-way bill shall be generated by the transporter on the said portal on the basis of the information furnished by the registered person in Part A of FORM GST EWB-01:

Provided that the registered person or, as the case may be, the transporter may, at his option, generate and carry the e-way bill even if the value of the consignment is less than fifty thousand rupees:

Provided further that where the movement is caused by an unregistered person either in his own conveyance or a hired one or through a transporter, he or the transporter may, at their option, generate the e-way bill in FORM GST EWB-01 on the common portal in the manner specified in this rule:

Provided also that where the goods are transported for a distance of less than ten kilometres within the State or Union territory from the place of business of the consignor to the place of business of the transporter for further transportation, the supplier or the transporter may not furnish the details of conveyance in Part B of FORM GST EWB-01.

Explanation 1- For the purposes of this sub-rule, where the goods are supplied by an unregistered supplier to a recipient who is registered, the movement shall be said to be caused by such recipient if the recipient is known at the time of commencement of the movement of goods.

Explanation 2.- The information in Part A of FORM GST EWB-01 shall be furnished by the consignor or the recipient of the supply as consignee where the goods are transported by railways or by air or by vessel.

(4) Upon generation of the e-way bill on the common portal, a unique e-way bill number (EBN) shall be made available to the supplier, the recipient and the transporter on the common portal.

(5) Any transporter transferring goods from one conveyance to another in the course of transit shall, before such transfer and further movement of goods, update the details of conveyance in the e-way bill on the common portal in FORM GST EWB-01:

Provided that where the goods are transported for a distance of less than ten kilometres within the State or Union territory from the place of business of the transporter finally to the place of business of the consignee, the details of conveyance may not be updated in the e-way bill.

(6) After e-way bill has been generated in accordance with the provisions of sub-rule (1), where multiple consignments are intended to be transported in one conveyance, the transporter may indicate the serial number of e-way bills generated in respect of each such consignment electronically on the common portal and a consolidated e-way bill in FORM GST EWB-02maybe generated by him on the said common portal prior to the movement of goods.

(7) Where the consignor or the consignee has not generated FORM GST EWB-01 in accordance with the provisions of sub-rule (1) and the value of goods carried in the conveyance is more than fifty thousand rupees, the transporter shall generate FORM GSTEWB-01 on the basis of invoice or bill of supply or delivery challan, as the case may be, and may also generate a consolidated e-way bill in FORM GST EWB-02 on the common portal prior to the movement of goods.

(8) The information furnished in Part A of FORM GST EWB-01 shall be made available to the registered supplier on the common portal who may utilize the same for furnishing details in FORM GSTR-1:

Provided that when the information has been furnished by an unregistered supplier in FORM GST EWB-01, he shall be informed electronically, if the mobile number or the e-mail is available.

(9) Where an e-way bill has been generated under this rule, but goods are either not transported or are not transported as per the details furnished in the e-way bill, the e-way bill may be cancelled electronically on the common portal, either directly or through a Facilitation Centre notified by the Commissioner, within 24 hours of generation of the e-way bill:

Provided that an e-way bill cannot be cancelled if it has been verified in transit in accordance with the provisions of rule 138B.

(10) An e-way bill or a consolidated e-way bill generated under this rule shall be valid for the period as mentioned in column (3) of the Table below from the relevant date, for the distance the goods have to be transported, as mentioned in column (2) of the said Table:

Table

Sr. no. Distance Validity period
(1) (2) (3)
1 Upto 100 km One day
2 For every 100 km or part thereof thereafter One additional day

Provided that the Commissioner may, by notification, extend the validity period of e-way bill for certain categories of goods as may be specified therein:

Provided further that where, under circumstances of an exceptional nature, the goods cannot be transported within the validity period of the e-way bill, the transporter may generate another e-way bill after updating the details in Part B of FORM GSTEWB-01.

Explanation.- For the purposes of this rule, the "relevant date" shall mean the date on which the e-way bill has been generated and the period of validity shall be counted from the time at which the e-way bill has been generated and each day shall be counted as twenty-four hours.

(11) The details of e-way bill generated under sub-rule (1) shall be made available to the recipient, if registered, on the common portal, who shall communicate his acceptance or rejection of the consignment covered by the e-way bill.

(12) Where the recipient referred to in sub-rule (11) does not communicate his acceptance or rejection within seventy two hours of the details being made available to him on the common portal, it shall be deemed that he has accepted the said details.

(13) The e-way bill generated under rule 138 of the Central Goods and Services Tax Rules or Goods and Services Tax Rules of any other State shall be valid in the State.

(14) Notwithstanding anything contained in this rule, no e-way bill is required to be generated,-

    (a) where the goods being transported are specified in Annexure;

    (b) where the goods are being transported by a non-motorised conveyance;

    (c) where the goods are being transported from the port, airport, air cargo complex and land customs station to an inland container depot or a container freight station for clearance by Customs; and

    (d) in respect of movement of such goods and within such areas in a State and for values not exceeding such amount as the Commissioner of State Tax, in consultation with the Chief Commissioner of Central tax goods, may notify.

Explanation. - The facility of generation and cancellation of e-way bill may also be made available through SMS.

ANNEXURE

[(See rule 138 (14)]

S. No. Chapter or Heading or Sub-heading or Tariff item Description of Goods
(1) (2) (3)
1 101 Live asses, mules and hinnies
2 102 Live bovine animals
3 103 Live swine
4 104 Live sheep and goats
5 105 Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls.
6 106 Other live animal such as Mammals, Birds, Insects
7 201 Meat of bovine animals, fresh and chilled.
8 202 Meat of bovine animals frozen [other than frozen and put up in unit container]
9 203 Meat of swine, fresh, chilled or frozen [other than frozen and put up in unit container]
10 204 Meat of sheep or goats, fresh, chilled or frozen [other than frozen and put up in unit container]
11 205 Meat of horses, asses, mules or hinnies, fresh, chilled or frozen [other than frozen and put up in unit container]
12 206 Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen [other than frozen and put up in unit container]
13 207 Meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen [other than frozen and put up in unit container]
14 208 Other meat and edible meat offal, fresh, chilled or frozen [other than frozen and put up in unit container]
15 209 Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, fresh, chilled or frozen [other than frozen and put up in unit container]
16 209 Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, salted, in brine, dried or smoked [other than put up in unit containers]
17 210 Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal, other than put up in unit containers
18 3 Fish seeds, prawn / shrimp seeds whether or not processed, cured or in frozen state [other than goods falling under Chapter 3 and attracting 2.5%]
19 301 Live fish.
20 302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304
21 304 Fish fillets and other fish meat (whether or not minced), fresh or chilled.
22 306 Crustaceans, whether in shell or not, live, fresh or chilled; crustaceans, in shell, cooked by steaming or by boiling in water live, fresh or chilled.
23 307 Molluscs, whether in shell or not, live, fresh, chilled; aquatic invertebrates other than crustaceans and molluscs, live, fresh or chilled.
24 308 Aquatic invertebrates other than crustaceans and molluscs, live, fresh or chilled.
25 401 Fresh milk and pasteurised milk, including separated milk, milk and cream, not concentrated nor containing added sugar or other sweetening matter, excluding Ultra High Temperature (UHT) milk
26 403 Curd; Lassi; Butter milk
27 406 Chena or paneer, other than put up in unit containers and bearing a registered brand name;
28 407 Birds' eggs, in shell, fresh, preserved or cooked
29 409 Natural honey, other than put up in unit container and bearing a registered brand name
30 501 Human hair, unworked, whether or not washed or scoured; waste of human hair
31 506 All goods i.e. Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or gelatinised; powder and waste of these products
32 0507 90 All goods i.e. Hoof meal; horn meal; hooves, claws, nails and beaks; antlers; etc.
33 511 Semen including frozen semen
34 6 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage
35 701 Potatoes, fresh or chilled.
36 702 Tomatoes, fresh or chilled.
37 703 Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled.
38 704 Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled.
39 705 Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled.
40 706 Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled.
41 707 Cucumbers and gherkins, fresh or chilled.
42 708 Leguminous vegetables, shelled or unshelled, fresh or chilled.
43 709 Other vegetables, fresh or chilled.
44 712 Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared.
45 713 Dried leguminous vegetables, shelled, whether or not skinned or split.
46 714 Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh or chilled; sago pith.
47 801 Coconuts, fresh or dried, whether or not shelled or peeled
48 801 Brazil nuts, fresh, whether or not shelled or peeled
49 802 Other nuts, Other nuts, fresh such as Almonds, Hazelnuts or filberts (Coryius spp.), walnuts, Chestnuts (Castanea spp.), Pistachios, Macadamia nuts, Kola nuts (Cola spp.), Areca nuts, fresh, whether or not shelled or peeled
50 803 Bananas, including plantains, fresh or dried
51 804 Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh.
52 805 Citrus fruit, such as Oranges, Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, Grapefruit, including pomelos, Lemons (Citrus limon, Citrus limonum) and limes (Citrus aurantifolia, Citrus latifolia), fresh.
53 806 Grapes, fresh
54 807 Melons (including watermelons) and papaws (papayas), fresh.
55 808 Apples, pears and quinces, fresh.
56 809 Apricots, cherries, peaches (including nectarines), plums and sloes, fresh.
57 810 Other fruit such as strawberries, raspberries, blackberries, mulberries and loganberries, black, white or red currants and gooseberries, cranberries, bilberries and other fruits of the genus vaccinium, Kiwi fruit, Durians, Persimmons, Pomegranates, Tamarind, Sapota (chico), Custard-apple (ata), Bore, Lichi, fresh.
58 814 Peel of citrus fruit or melons (including watermelons), fresh.
59 9 All goods of seed quality
60 901 Coffee beans, not roasted
61 902 Unprocessed green leaves of tea
62 909 Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries [of seed quality]
63 0910 11 10 Fresh ginger, other than in processed form
64 0910 30 10 Fresh turmeric, other than in processed form
65 1001 Wheat and meslin [other than those put up in unit container and bearing a registered brand name]
66 1002 Rye [other than those put up in unit container and bearing a registered brand name]
67 1003 Barley [other than those put up in unit container and bearing a registered brand name]
68 1004 Oats [other than those put up in unit container and bearing a registered brand name]
69 1005 Maize (corn) [other than those put up in unit container and bearing a registered brand name]
70 1006 Rice [other than those put up in unit container and bearing a registered brand name]
71 1007 Grain sorghum [other than those put up in unit container and bearing a registered brand name]
72 1008 Buckwheat, millet and canary seed; other cereals such as Jawar, Bajra, Ragi] [other than those put up in unit container and bearing a registered brand name]
73 1101 Wheat or meslin flour [other than those put up in unit container and bearing a registered brand name].
74 1102 Cereal flours other than of wheat or meslin, [maize (corn) flour, Rye flour, etc.] [other than those put up in unit container and bearing a registered brand name]
75 1103 Cereal groats, meal and pellets [other than those put up in unit container and bearing a registered brand name]
76 1104 Cereal grains hulled
77 1105 Flour, of potatoes [other than those put up in unit container and bearing a registered brand name]
78 1106 Flour, of the dried leguminous vegetables of heading 0713 (pulses) [other than guar meal 1106 10 10 and guar gum refined split 1106 10 90], of sago or of roots or tubers of heading 0714 or of the products of Chapter 8 i.e. of tamarind, of singoda, mango flour, etc. [other than those put up in unit container and bearing a registered brand name]
79 12 All goods of seed quality
80 1201 Soya beans, whether or not broken, of seed quality.
81 1202 Ground-nuts, not roasted or otherwise cooked, whether or not shelled or broken, of seed quality.
82 1204 Linseed, whether or not broken, of seed quality.
83 1205 Rape or colza seeds, whether or not broken, of seed quality.
84 1206 Sunflower seeds, whether or not broken, of seed quality.
85 1207 Other oil seeds and oleaginous fruits (i.e. Palm nuts and kernels, cotton seeds, Castor oil seeds, Sesamum seeds, Mustard seeds, Saffower (Carthamustinctorius) seeds, Melon seeds, Poppy seeds, Ajams, Mango kernel, Niger seed, Kokam) whether or not broken, of seed quality.
86 1209 Seeds, fruit and spores, of a kind used for sowing.
87 1210 Hop cones, fresh.
88 1211 Plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purpose, fresh or chilled.
89 1212 Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh or chilled.
90 1213 Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets
91 1214 Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale, lupines, vetches and similar forage products, whether or not in the form of pellets.
92 1301 Lac and Shellac
93 1404 90 40 Betel leaves
94 1701 or 1702 Jaggery of all types including Cane Jaggery (gur) and Palmyra Jaggery
95 1904 Puffed rice, commonly known as Muri, flattened or beaten rice, commonly known as Chira, parched rice, commonly known as khoi, parched paddy or rice coated with sugar or gur, commonly known as Murki
96 1905 Pappad
97 1905 Bread (branded or otherwise), except pizza bread
98 2201 Water [other than aerated, mineral, purified, distilled, medicinal, ionic, battery, de-mineralized and water sold in sealed container]
99 2201 Non-alcoholic Toddy, Neera including date and palm neera
100 2202 90 90 Tender coconut water other than put up in unit container and bearing a registered brand name
101 2302, 2304, 2305, 2306, 2308, 2309 Aquatic feed including shrimp feed and prawn feed, poultry feed and cattle feed, including grass, hay and straw, supplement andhusk of pulses, concentrates andadditives, wheat bran and de-oiled cake
102 2501 Salt, all types
103 2835 Dicalcium phosphate (DCP) of animal feed grade conforming to IS specification No.5470 : 2002
104 3002 Human Blood and its components
105 3006 All types of contraceptives
106 3101 All goods and organic manure [other than put up in unit containers and bearing a registered brand name]
107 3304 Kajal [other than kajal pencil sticks], Kumkum, Bindi, Sindur, Alta
108 3825 Municipal waste, sewage sludge, clinical waste
109 3926 Plastic bangles
110 4014 Condoms and contraceptives
111 4401 Firewood or fuel wood
112 4402 Wood charcoal (including shell or nut charcoal), whether or not agglomerated
113 4802 / 4907 Judicial, Non-judicial stamp papers, Court fee stamps when sold by the Government Treasuries or Vendors authorised by the Government
114 4817 / 4907 Postal items, like envelope, Post card etc., sold by Government
115 48 /4907 Rupee notes when sold to the Reserve Bank of India
116 4907 Cheques, lose or in book form
117 4901 Printed books, including Braille books
118 4902 Newspapers, journals and periodicals, whether or not illustrated or containing advertising material
119 4903 Children's picture, drawing or colouring books
120 4905 Maps and hydrographic or similar charts of all kinds, including atlases, wall maps, topographical plans and globes, printed
121 5001 Silkworm laying, cocoon
122 5002 Raw silk
123 5003 Silk waste
124 5101 Wool, not carded or combed
125 5102 Fine or coarse animal hair, not carded or combed
126 5103 Waste of wool or of fine or coarse animal hair
127 52 Gandhi Topi
128 52 Khadi yarn
129 5303 Jute fibres, raw or processed but not spun
130 5305 Coconut, coir fibre
131 63 Indian National Flag
132 6703 Human hair, dressed, thinned, bleached or otherwise worked
133 6912 00 40 Earthen pot and clay lamps
134 7018 Glass bangles (except those made from precious metals)
135 8201 Agricultural implements manually operated or animal driven i.e. Hand tools, such as spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry.
136 8445 Amber charkha
137 8446 Handloom [weaving machinery]
138 8802 60 00 Spacecraft (including satellites) and suborbital and spacecraft launch vehicles
139 8803 Parts of goods of heading 8801
140 9021 Hearing aids
141 92 Indigenous handmade musical instruments
142 9603 Muddhas made of sarkanda and phool bahari jhadoo
143 9609 Slate pencils and chalk sticks
144 9610 00 00 Slates
145 9803 Passenger baggage
146 Any chapter Puja samagri namely,- (i)
147   Liquefied petroleum gas for supply to household and non domestic exempted category (NDEC) customers
148   Kerosene oil sold under PDS
149   Postal baggage transported by Department of Posts
150   Natural or cultured pearls and precious or semi-precious stones; precious metals and metals clad with precious metal (Chapter 71)
151   Jewellery, goldsmiths' and silversmiths' wares and other articles (Chapter 71)
152   Currency
153   Used personal and household effects
154   Coral, unworked (0508) and worked coral (9601);

(ii) in the principal rules, after rule 138, the following shall be inserted, namely:-

"138A. Documents and devices to be carried by a person-in-charge of a conveyance.-

(1) The person in charge of a conveyance shall carry,-

    (a) the invoice or bill of supply or delivery challan, as the case may be; and

    (b) a copy of the e-way bill or the e-way bill number, either physically or mapped to a Radio Frequency Identification Device embedded on to the conveyance in such manner as may be notified by the Commissioner.

(2) A registered person may obtain an Invoice Reference Number from the common portal by uploading, on the said portal, a tax invoice issued by him in FORM GST INV-1 and produce the same for verification by the proper officer in lieu of the tax invoice and such number shall be valid for a period of thirty days from the date of uploading.

(3) Where the registered person uploads the invoice under sub-rule (1), the information in Part A of FORM GST EWB-01 shall be auto-populated by the common portal on the basis of the information furnished in FORM GST INV-1.

(4) The Commissioner may, by notification, require a class of transporters to obtain a unique Radio Frequency Identification Device and get the said device embedded on to the conveyance and map the e-way bill to the Radio Frequency Identification Device prior to the movement of goods.

(5) Notwithstanding anything contained clause (b) of sub-rule (1), where circumstances so warrant, the Commissioner may, by notification, require the person-in-charge of the conveyance to carry the following documents instead of the e-way bill-

    (a) tax invoice or bill of supply or bill of entry; or

    (b) a delivery challan, where the goods are transported for reasons other than by way of supply.

138B. Verification of documents and conveyances.-

(1) The Commissioner or an officer empowered by him in this behalf may authorise the proper officer to intercept any conveyance to verify the e-way bill or the e-way bill number in physical form for all inter-State and intra-State movement of goods.

(2) The Commissioner shall get Radio Frequency Identification Device readers installed at places where the verification of movement of goods is required to be carried out and verification of movement of vehicles shall be done through such device readers where the e-way bill has been mapped with the said device.

(3) The physical verification of conveyances shall be carried out by the proper officer as authorised by the Commissioner or an officer empowered by him in this behalf:

Provided that on receipt of specific information on evasion of tax, physical verification of a specific conveyance can also be carried out by any officer after obtaining necessary approval of the Commissioner or an officer authorised by him in this behalf.

138C. Inspection and verification of goods.-

(1) A summary report of every inspection of goods in transit shall be recorded online by the proper officer in Part A of FORM GST EWB-03 within twenty four hours of inspection and the final report in Part B of FORM GST EWB-03 shall be recorded within three days of such inspection.

(2) Where the physical verification of goods being transported on any conveyance has been done during transit at one place within the State or in any other State, no further physical verification of the said conveyance shall be carried out again in the State, unless a specific information relating to evasion of tax is made available subsequently.

138D. Facility for uploading information regarding detention of vehicle.-

Where a vehicle has been intercepted and detained for a period exceeding thirty minutes, the transporter may upload the said information in FORM GST EWB-04 on the common portal.;

FORM GST EWB-01

(See rule 138)

E-Way Bill

PART-A
A.1 GSTIN of Recipient  
A.2 Place of Delivery  
A.3 Invoice or Challan Number  
A.4 Invoice or Challan Date  
A.5 Value of Goods  
A.6 HSN Code  
A.7 Reason for Transportation  
A.8 Transport Document Number  
PART-B
B. Vehicle Number  

Notes:

1. HSN Code in column A.6 shall be indicated at minimum two digit level for taxpayers having annual turnover upto five crore rupees in the preceding financial year and at four digit level for taxpayers having annual turnover above five crore rupees in the preceding financial year.

2. Transport Document number indicates Goods Receipt Number or Railway Receipt Number or Airway Bill Number or Bill of Lading Number.

3. Place of Delivery shall indicate the PIN Code of place of delivery.

4. Reason for Transportation shall be chosen from one of the following:

Code Description
1 Supply
2 Export or Import
3 Job Work
4 SKD or CKD
5 Recipient not known
6 Line Sales
7 Sales Return
8 Exhibition or fairs
9 For own use
0 Others

FORM GST EWB-02

(See rule 138)

Consolidated E-Way Bill

Number of E-Way Bills  
E-Way Bill Number
   
   

FORM GST EWB-03

(See rule138C)

Verification Report

Part A  
Name of the Officer  
Place of inspection  
Time of inspection  
Vehicle Number  
E-Way Bill Number  
Invoice or Challan or Bill Date  
Invoice or Challan or Bill Number  
Name of person in-charge of vehicle  
Description of goods  
Declared quantity of goods  
Declared value of goods  
Brief description of the discrepancy  
Whether goods were detained?  
If not, date and time of release of vehicle  
Part B  
Actual quantity of goods  
Actual value of the Goods  
Tax payable  
Integrated tax  
Central tax  
State or UT tax  
Cess  
Penalty payable  
Integrated tax  
Central tax  
State or UT tax  
Cess  
Details of Notice  
Date  
Number  
Summary of findings  

FORM GST EWB-04

(See rule138D)

Report of detention

E-Way Bill Number  
Approximate Location of detention  
Period of detention  
Name of Officer incharge (if known)
Date  
Time  

FORM GST INV - 1

(See rule 138A)

Generation of Invoice Reference Number

IRN:     Date:  

Details of Supplier    
GSTIN    
Legal Name    
Trade name, if any    
Address    
Serial No. of Invoice    
Date of Invoice    
  Details of Recipient (Billed to) Details of Consignee (Shipped to)
GSTIN or UIN, if available    
Name    
Address    
State (name and code)    
Type of supply -    
  B to B supply    
  B to C supply    
  Attracts Reverse Charge    
  Attracts TCS GSTIN of operator  
  Attracts TDS GSTIN of TDS Authority  
  Export    
  Supplies made to SEZ    
  Deemed export    

 

Sr. No. Description of Goods HSN Qty. Unit Price (per unit) Total value Discount, if any Taxable value Central tax   State or UT tax   Integrated tax   Cess  
                  Rate Amt. Rate Amt. Rate Amt. Ra te Amt
                                 
                                 
                                 
                                 
  Freight                      
  Insurance                      
  Packing and Forwarding Charges etc.                      
  Total                      
  Total Invoice Value (In figure)                      
  Total Invoice Value (In Words)                      

  Signature
  Name of the Signatory Designation or Status";

(iii). in the pricipal rules to Forms,

I. with effect from the 1st July of 2017, for "FORM GST ENR-01", the following Form shall be substituted and shall be deemed to have been substituted, namely:-

Form GST ENR-01

[See Rule58(1)]

Application for Enrolment u/s 35 (2)

[only for un-registered persons]

1 Name of the State  
2 (a) Legal name  
  (b) Trade Name, if any  
  (c) PAN  
  (d) Aadhaar (applicable in case of proprietorship concerns only)  
3 Type of enrolment  
 
(i) Warehouse or Depot   (ii) Godown  
(iii) Transporter   (iv) Cold storage  

 

4 Constitution of Business (Please Select the Appropriate)
(i) Proprietorship Or HUF   (ii) Partnership  
(iii) Company   (iv) Others  

 

5 Particulars of Principal Place of Business

 

(a) Address  
Building No./Flat No.   Floor No.  
Name of the Premise s/Building   Road/Street  
City/Town/Locality/Village   Taluka/Block  
District      
State   PIN Code  
Latitude   Longitude  

 

(b) Contact Information (the email address and mobile number will be used for authentication)
Office Email Address   Telephone STD
Mobile Number   Fax STD

 

(c) Nature of premises  
Own Leased Rented Consent Shared Others (specify)

 

6 Details of additional place of business - Add for additional place(s) of business, if any (Fill up the same information as in item 5 [(a), (b), (c) & (d)]

7.. Consent

I on behalf of the holder of Aadhaar number <pre-filled based on Aadhaar number provided in the form> give consent to "Goods and Services Tax Network" to obtain my details from UIDAI for the purpose of authentication. "Goods and Services Tax Network" has informed me that identity information would only be used for validating identity of the Aadhaar holder and will be shared with Central Identities Data Repository only for the purpose of authentication.

8. List of documents uploaded

(Identity and address proof)

9. Verification

I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.

Place: Signature 
Date: Name of Authorized Signatory ...................................
For office use -  
Enrolment no. - Date -

II . with effect from the 1st day of July, 2017 for "FORM GST RFD-01", the

following Form shall be substitutedand shall be deemed to be have been substituted, namely:-

FORM-GST-RFD-01

[See rule 89(1)]

Application for Refund

(Applicable for casual or non-resident taxable person, tax deductor, tax collector, unregistered person and other registered taxable person)

1. GSTIN/Temporary ID:    
2. Legal Name:    
3. Trade Name, if any:    
4. Address:    
5. Tax Period: From <Year><Montr> To <Year><Montr>

6. Amount of Refund Claimed (Rs.):

Act Tax Interest Penalty Fees Others Total
Central Tax            
State/UT Tax            
Integrated Tax            
Cess            
Total    

7. Grounds of Refund Claim: (select from the drop down):-

    a. Excess balance in Electronic Cash ledger

    b. Exports of services- With payment of Tax

    c. Exports of goods / services- Without payment of Tax, (accumulated ITC)

    d. On account of order

    Sr. No. Type of order Order no. Order date OrderIssuing Authority Payment reference no., if any
    (i) Assessment        
    (ii) Provisional assessment        
    (iii) Appeal        
    (iv) Any other order (specify)        

    e. ITC accumulated due to inverted tax structure (clause (ii) of proviso to section 54(3)

    f. On account of supplies made to SEZ unit/ SEZ Developer (with payment of tax

    g. on account of supplies made to SEZ unit/ SEZ Developer.

    h. Receipt of deemed export

    I. Tax paid on a supply which is not provided, either wholly or partially, and for which invoice has not been issued (tax paid on advance payment)

    j. Tax paid on an intra-State supply which is subsequently held to be inter-State supply and vice versa(change of POS)

    k. Excess payment of tax, if any

    l. Any other (specify):

8. Details of Bank Account

Name of bank Address of branch IFSC Type of account Account No.
         

9. Whether Self-Declaration by Applicant u/s 54(4), If applicable Yes - No -

DECLARATION [second proviso to section 54(3)]

I hereby declare that the goods exported are not subject to any export duty. I also declare that I have not availed any drawback on goods or services or both and that I have not claimed refund of the integrated tax paid on supplies in respect of which refund is claimed.

Signature  
Name -  
Designation / Status  

DECLARATION [section 54(3)(ii)]

I hereby declare that the refund of Input tax Credit claimed in the application does not include ITC availed on goods or services used for making nil rated or fully exempt supplies.

Signature  
Name -  
Designation / Status  

DECLARATION [rule 89(2)(f)]

I hereby declare that the Special Economic Zone unit /the Special Economic Zone developer has not availed of the input tax credit of the tax paid by the applicant, covered under this refund claim.

Signature  
Name -  
Designation / Status  

DECLARATION [rule 89(2)(g)]

(For recipients of deemed export)

I hereby declare that the refund has been claimed only for those invoices which have been reported in statement of inward supplies filed in Form GSTR-2 for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period.

Signature  
Name -  
Designation / Status  

SELF- DECLARATION [rule 89(2)(l)]

I/We ____________________ (Applicant) having GSTIN/ temporary Id -------, solemnly affirm and certify that in respect of the refund amounting to Rs. ---/ with respect to the tax, interest, or any other amount for the period from---to----, claimed in the refund application, the incidence of such tax and interest has not been passed on to any other person.

Signature  
Name -  
Designation / Status  

(This Declaration is not required to be furnished by applicants, who are claiming refund under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54....)

10. Verification

I/We <Taxpayer Name> hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my/our knowledge and belief and nothing has been concealed therefrom.

We declare that no refund on this account has been received by us earlier.

Place Signature of Authorized Signatory
Date (Name)
  Designation/ Status
   

(Annexure-1)

Statement - 1 [rule 89(5)]

Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of proviso to section 54(3)]

Turnover of inverted rated supply of goods Tax payable on such inverted rated supply of goods Adjusted total turnover Net input tax credit Maximum refund amount to be claimed [(1x4÷3)-2]
1 2 3 4 5
         
         

Statement 2:

Refund Type: Exports of services with payment of Tax:

Sr.No.

Invoice details Integrated Tax BRC/ FIRC Integrated tax involved in debit note, if any Integrated tax involved in Credit note, if any Net Integrated tax

(6+9 - 10)

Net Integrated Tax = (11/8)+12-13
No. Date Value Taxable value Amt. No. Date
1 2 3 4 5 6 7 8 9 10 11 14

Statement 3:

Refund Type: Exports without payment of Tax-Accumulated ITC:

Sr.No.

Invoice details Goods/ Services

(G/S)

Shipping bill/ Bill of export EGM Details BRC/ FIRC
No. Date Value Port Code No. Date Ref No. Date No. Date
1 2 3 4 5 6 7 8 9 10 11 12

Statement- 3A [rule 89(4)]

Refund Type: Export without payment of tax (accumulated ITC) - calculation of refund amount

(Amount in Rs.)

Turnover of zero rated supply of goods and services Net input tax credit Adjusted total turnover Refund amount (1x2 ÷3)
1 2 3 4
       
       

Statement 4:[rule 89(2)(d) and 89(2)(e)]

Refund Type:On account of supplies made to SEZ unit/ SEZ Developer

GSTIN of recipient

Invoice details Shipping bill/ Bill of export /Endorsed invoice by SEZ Integrated Tax Integrated tax involved in debit note, if any Integrated tax involved in Credit note, if any Net Integrated Tax

= (8 + 9 - 10

No.

Date Value No

Date Taxable Value Amt.

    Amt.
1 2 3 4 5 6 7 8 9 10 11

Statement 5: [rule 89(2)(d) and 89(2)(e)]

Refund Type:On account of supplies made to SEZ unit or SEZ Developer (without payment of tax)

(Amount in Rs.)

Sr. No. Invoice details Goods/ Services (G/S) Shipping bill/ Bill of export/ Endorsed invoice no.
  No. Date Value   No. Date
1 2 3 4 5 6 7
             

Statement-5A [rule 89(4)]

Refund Type:On account of supplies made to SEZ unit / SEZ developer without payment of tax (accumulated ITC) - calculation of refund amount

(Amount in Rs.)

Turnover of zero rated supply of goods and services Net input tax credit Adjusted total turnover Refund amount (1 ×2 ÷3)
1 2 3 4
       
       

Statement 6: [rule 89(2)(j)]

Refund Type:On account of change in POS of the supplies (inter-State to intra-State and vice versa)

Order Details (issued in pursuance of Section 77 (1) and (2), if any: Order No: Order Date:

GSTIN/ UIN Name (in case B2C)

Details of invoice covering transaction considered as intra -State / inter-State transaction earlier Transaction which were held inter State / intra-State supply subsequently
Invoice details Integra ted Tax Central Tax State Tax Cess Place of Supply (only if different from the location of recipient) Integra ted Tax Central Tax State Tax Cess Place of Supply (only if different from the location of recipient)
No. Date Value Taxable Value Amt Amt Amt Amt Amt Amt Amt Amt
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
                             
                             

Statement 7: [rule 89(2)(k)]

Refund Type: Excess payment of tax, if any in case of Last Return filed.

Tax period

ARN of return Date of filing return Tax Payble
Integrated Tax Central Tax State Tax Cess
1 2 3 4 5 6 7
             

Annexure-2

Certificate [rule 89(2)(m)]

This is to certify that in respect of the refund amounting to INR << >> ------------- (in words) claimed by M/s --------------- (Applicant's Name) GSTIN/ Temporary ID------------- for the tax period <--->, the incidence of tax and interest, has not been passed on to any other person. This certificate is based on the examination of the Books of Accounts, and other relevant records and Returns particulars maintained/ furnished by the applicant.

Signature of the Chartered Accountant/ Cost Accountant:  
Name:  
Membership Number:  
Place:  
Date:  

This Certificate is not required to be furnished by the applicant, claiming refund under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54 of the Act.

Instructions 

1. Terms used:

(a) B to C: From registered person to unregistered person

(b) EGM: Export General Manifest

(c) GSTIN: Goods and Services Tax Identification Number

(d) IGST: Integrated goods and services tax

(e) ITC: Input tax credit

(f) POS: Place of Supply (Respective State)

(g) SEZ: Special Economic Zone

(h) Temporary ID: Temporary Identification Number

(i) UIN: Unique Identity Number

2. Refund of excess amount available in electronic cash ledger can also be claimed through return or by filing application.

3. Debit entry shall be made in electronic credit or cash ledger at the time of filing the application.

4. Acknowledgement in FORM GST RFD-02 will be issued if the application is found complete in all respects.

5. Claim of refund on export of goods with payment of IGST shall not be processed through this application.

6. Bank account details should be as per registration data. Any change in bank details shall first be amended in registration particulars before quoting in the application.

7. Declaration shall be filed in cases wherever required.

8. 'Net input tax credit' means input tax credit availed on inputs during the relevant period for the purpose of Statement-1 and will include ITC on input services also for the purpose of Statement-3A and 5A.

9. 'Adjusted total turnover' means the turnover in a State or a Union territory, as defined under clause (112) of section 2 excluding the value of exempt supplies other than zero-rated supplies, during the relevant period.

10. For the purpose of Statement-1, refund claim will be based on supplies reported in GSTR- 1 and GSTR-2.

11. BRC or FIRC details will be mandatory where refund is claimed against export of services details of shipping bill and EGM will be mandatory to be provided in case of export of goods.

12. Where the invoice details are amended (including export), refund shall be allowed as per the calculation based on amended value.

13. Details of export made without payment of tax shall be reported in Statement-3.

14. Availability of refund to be claimed in case of supplies made to SEZ unit or SEZ developer without payment of tax shall be worked out in accordance with the formula prescribed in rule 89(4).

15. 'Turnover of zero rated supply of goods and services' shall have the same meaning as defined in rule 89(4).";

III. with effect from the 1st day of July,2017, in "FORM GST TRAN-2",-

    (a) in Serial No. 4, for the words "appointment date", the words "appointed date" shall be substituted and shall be deemed to be have been substituted;

    (b) in Serial No. 5, for the words "credit on", the words "credit of" shall be substituted and shall be deemed to be have been substituted;

sd/-

TEMJEN TOY

Additional Chief Secretary & Finance Commissioner.