TaxTMI 
TaxTMI 
Minutes of the 13th GST Council Meeting held on 31st March 2017
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....GST Council held on 30 September 2016: (a) Registration (b) Return (c) Payment (d) Refund (e) Invoice, Debit/Credit Note 4. Any other agenda item with the permission of the Chairperson 5. Date of the next meeting of the GST Council 3. The Hon'ble Chairperson welcomed all the Members to the Council meeting. He extended a warm welcome to the four new Members of the Council from Goa, Punjab, Uttar Pradesh and Uttarakhand. He then commenced discussion on the various agenda items. Discussion on Agenda Items Agenda Item 1: Confirmation of the Minutes of the 12th GST Council Meeting held on 16 March, 2017: 4. The Hon'ble Chairperson invited comments of the Members on the draft Minutes of the 12^th Meeting of the Council (hereinafter referred to as. 'Minutes') held on 16 March 2017 before its confirmation. 4.1. The Hon'ble Minister from Karnataka stated that the version of the Secretary to the Council (hereinafter referred to as 'Secretary') in paragraph 12.6 of the Minutes, in regard to levy of value Added Tax (VAT) on 'Bidi'; though recorded correctly, created an impression t....
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....med that the comments of the officers on these four Rules had already been taken note of and invited further comments of the Hon'ble Members of the Council. The Hon'ble Minister from Kerala pointed out that Rule 5 of the Valuation Rules relating to supply of lottery tickets was complex and enquired whether this stood deleted in light of the officers' level discussion today. The Secretary stated that during the discussion in the officers' meeting, it was decided that the proposed Rule 5 on valuation of supply of lottery tickets would be deleted and the lottery tickets would be taxed on the face value of its sale. The Hon'ble Minister from Uttar Pradesh stated that the language of the Rules was complex and this could cause problems in interpretation. He observed that simple and clear words should be used while formulating the Rules. 6.3. The Hon'ble Deputy Chief Minister of Delhi observed that while the GST law provided a broad framework, the GST Rules dealt with the nitty-gritty of procedures and they needed more time to study the Rules. The Secretary stated that the industry and business had been demanding three clear months after the finalisation of....
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....would be put in the public domain, and after taking note of the comments received from the public, final version of these Rules would be brought to the Council for its approval. Agenda Item 3: Approval of amendments to the five Draft GST Rules approved in the 2^nd Meeting ofthe GST Council held on 30 September 2016, namely (a) Registration; (b) Return; (c) Payment; (d) Refund; and (e) Invoice and Debit/Credit Note: 8.1. Introducing this agenda item, the Secretary informed that the five GST Rules relating to Registration; Return; Payment; Refund; and Invoice and Debit/Credit Note had been approved by the Council in its 2nd Meeting held on 30 September, 2016, but subsequently changes had to be made to them for various reasons like comments from stakeholders, changes in the Model GST Law as approved by the Council, changes on account of a new Union Territory Goods and Services Tax (UTGST) Act and minor editorial corrections for coherence in the revised law. He informed that these changes were discussed in the meeting of the officers held today and the suggestions made by them for making certain changes in these five Rules were taken note of and would be incorporated suitably. He....
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.... on the taxpayers as well as the buyers. He suggested that an alternative method to address the revenue concern of the smaller States of the North-East could be to encourage setting up of good quality outlets for high value consumer products in the smaller States of the North-East, if necessary, through co-operative societies and that this would encourage local purchase of high value consumer goods. 8.3. The Secretary suggested that the five Rules with the suggested amendments, including those which were agreed upon in the officers meeting in the morning, could be approved and that these amended Rules could be shared with the States and also put in the public domain. The Council agreed to this suggestion. 9. For agenda item 3, the Council approved the amended five GST Rules, namely, Registration; Return; Payment; Refund; and Invoice and Debit/Credit Note including the amendments suggested during the meeting of the officers held in the morning and agreed to circulate it to the States and to also put them in the public domain. Agenda Item 4: Any other agenda item with the permission of the Chairperson 10. The Hon'ble Minister from Chhattisgarh stated that as Entry 52 ....
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.... his State, an amount of Rs. ten thousand one hundred and three crore was to be disbursed to 3,156 industry. He recalled that in the 3rd agenda item of the 2^nd Meeting of the Council held on 30 September, 2016, it was decided that the Central Government shall reimburse 58% of the total amount of Central Excise exemption to the eligible units in the State and enquired regarding the schedule for such re-imbursement by the Central Government. The Secretary stated that during the 2nd Meeting of the Council, modalities for continuation of area based exemption schemes were discussed and recalled that in case such a scheme was continued by the Central Government, then only 58% of the total CGST amount shall be reimbursed to the eligible industries in the States where area-based Central Excise exemption was in force. He informed that the Department of Industrial Policy and Promotion (DIPP) in the Ministry of Commerce and Industry was devising a re-imbursement scheme and stated that they should be ready with the scheme before 1 July 2017. He also advised that the Tax Research Unit in the Department of Revenue should follow up this matter with the DIPP. 13. The Hon'ble Minister from ....
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....Chairperson, GST Council ============= Document 1 WRITEAWAY MINUTE BOOK Annexure 1 List of Ministers who attended the 13th GST Council Meeting on 31 March 2017 S No State/Centre Name of the Minister Charge Govt. of India Shri Arun Jaitley Finance Minister 2 Govt. of India Shri Santosh Kumar Gangwar 3 Goa Shri Manohar Parrikar 4 Puducherry Arunachal 5 Pradesh Shri V. Narayanasamy Shri Chowna Mein 6 Delhi Shri Manish Sisodia Ministry of State, Finance Chief Minister Chief Minister Deputy Chief Minister Deputy Chief Minister 7 Chhattisgarh 8 Shri Amar Agrawal Captain Abhimanyu Shri Prakash Chaudhary Minister - Commercial Taxes Minister - Excise & Taxation Minister Excise & Taxation Haryana Himachal Pradesh Jammu & 10 Kashmir Dr. Haseeb A. Drabu Shri Krishna Byregowda Shri Madan Yerawar Shri Y. Vikheho Swu Finance Minister Minister - Agriculture Finance Minister Finance Minister Minister of State - Energy Minister - Roads & Bridges Finance Minister 11 Karnataka 12 Kerala Dr. Thomas Isaac 13 Madh....
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....No State/Centre Name of the Officer 24 GST Council Ms. Thari Sitkil Charge Deputy Commissioner 25 GST Council Shri Rakesh Agarwal Assistant Commissioner 26 GST Council Shri Kaushik TG Assistant Commissioner 27 GST Council Shri Shekhar Khansili Superintendent 28 GST Council Shri Manoj Kumar Superintendent 29 GST Council Shri Sandeep Bhutani Superintendent 30 GST Council Shri Amit Soni Inspector 31 GST Council Shri Anis Alam Inspector 32 GST Council Shri Ashish Tomar Inspector 33 33 GST Council Shri Alok Bharti Inspector 34 GST Council Shri Sharad Verma 35 GST Council 36 Andhra Pradesh 37 Andhra Pradesh Shri Sher Singh Meena Shri J. Syamala Rao Shri T. Ramesh Babu Shri Arun Kr. Mishra Shri Ajitabh Mishra 38 Andhra Pradesh Shri J.V.M. Sharma 39 Arunachal Pradesh 40 Assam Shri Tapas Dutta Shri Anurag Goel 41 Bihar Ms. Sujata Chaturvedi 42 Bihar 43 Bihar 44 Chhattisgarh 45 Chhattisgarh 46 Chhattisgarh 47 Delhi 48 Delhi 49 Delhi Shri Anand Kumar Tiwari Shri Amitabh Jain ....
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....les Tax Deputy Commissioner, Taxes Deputy Commissioner, Taxes Commissioner, Commercial Taxes OSD (Finance), Govt of Nagaland Commissioner, Commercial Taxes Joint Commissioner, Commercial Taxes Commissioner, Commercial Taxes Page 10 of 24 WRITEAWAY) MINUTE BOOK S No State/Centre 76 Punjab Name of the Officer Shri Anurag Agarwal 77 Punjab Shri Rajeev Gupta 78 Punjab Shri Pawan Garg 79 Rajasthan Shri Alok Gupta 80 Rajasthan Shri Ketan Sharma 81 Tamil Nadu Dr. C. Chandramouli 82 Tamil Nadu Shri D. Soundararajapandian 83 Telangana Shri Anil Kumar 84 Telangana Shri Laxminarayan Jannu 85 Tripura Shri P. Srivastava 86 Uttarakhand Shri Ranveer Singh Chauhan 87 Uttarakhand Shri Piyush Kumar 88 Uttarakhand Shri Yashpal Singh 89 Uttar Pradesh Shri R.K.Tiwari 90 Uttar Pradesh Shri Vivek Kumar 91 Uttar Pradesh 92 Uttar Pradesh 93 West Bengal Shri Nirak K. Maurya Shri Amit Tyagi Shri Khalid A. Anwar Charge Financial Commissioner (Taxation) Advisor (GST), Govt. of Punjab Deputy Commissioner, Commercial Taxes Commissioner, Commerc....
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....buted on pro-rata basis in ratio of the total turnover in the State or Union Territory method of distribution of Distribution of central tax, State tax, integrated tax & Union territory tax 。 Separate ISD invoice or credit note to be issued 0 GSTR-6 to be filled Rules for Input Tax Credit (3/4) 3 NATION TAX MARKET Manner of claiming of ITC in specified circumstances (Pg.3) - Rule 5 ITC in respect of inputs, inputs contained in semi-finished / finished goods or capital goods - based of declaration Transfer of ITC in case of sale, merger, amalgamation, lease or transfer of a business - Rule 6 (Pg.4) 0 Certificate from Chartered Accountant Cost Accountant certifying transfer of liabilities on such sale, merger, amalgamation etc. 0 Transferee to accept details furnished by the transferor 0 Such transfer shall be accounted in the books of accounts by transferee Page 14 of 24 4 WRITEA WAY MINUTE BOOK Rules for Input Tax Credit (4/4) INATION TAX MARKET Manner of determination of eligible ITC on inputs & input services used for making mixed supplies - Rule 7 (Pg.5) Manner o....
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.... value of token, voucher, coupon etc. - equal to money value of goods or services redeemable through such instrument Value in case of certain notified supplier of services 9 INATION TAX MARKET Rules for Valuation (5/5) Value of supply of services in case of services provided by pure agent - Rule 9 (Pg. 15) Value in case of import or export (Pg.15) - Rule 10 Page 17 of 24 10 CHAIRMAN'S INITIALS CHAIRMAN'S INITIALS MINUTE BOOK Transitional Rules (1/2) NATION TAX MARKET To submit an application in respect of tax or duty credit carried forward under any existing law or on goods held in stock on the appointed day - Rule 1 (Pg. 17) Provides for credit as available under existing law (Separate provisions for CGST and SGST Act) Details of stock and capital goods held on the appointed day to be provided on the common portal Special provision for availing credit @ 40% even if duty paying document not available Specific provision for credit of taxes levied by the State at the first point of Sale Credit declared by the registered person will be credited automatically in his electroni....
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.... MARKET Rules for Return, Registration, Payment, Invoice and Refund were approved in 2nd Meeting of the Council held on 30th September 2016 Reasons for changes : 0 Rules were re-examined in view of stakeholder comments received from departmental officers, trade and industry 0 Rules were also re-examined as per the Council's decisions on the Model GST law 0 Changes in rules required with respect to the new UTGST Act 0 Minor editorial corrections made to bring rules in coherence with the revised law Page 20 of 24 16 WRITE A WAY MINUTE BOOK INATION Changes in Registration Rules (1/2) TAX MARKET Certificate of registration to be digitally signed by the proper officer - Rule 3 (Pg.3) Application for registration by a non-resident taxable person to be signed by his authorized signatory holding a valid PAN - Rule 6 (Pg.4) Rules updated for grant of registration to a person supplying online information and data base access or retrieval services - Rule 6A (Pg.4) Procedure prescribed for grant or cancellation of Unique Identity Number - Rule 9 (Pg.5) 17 Changes in Registration Rules (2/2)....