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Goods and Services Tax Reimbursement Scheme for Majuli Bridge Project, 2021

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....ved in the above project; AND WHEREAS there is no such state based provision under the Assam Goods and Services Tax Act, 2017 to exempt payment of tax liability. As per the provisions of the Goods and Services Tax Act, 2017 (hereinafter referred to as the "GST Act") any exemption from tax liability is made with the approval of the GST Council where the matter relates to the nation in general. It may be mentioned that GST is a nation based tax with the principle of "One Nation One Tax" having two components, one is being Central Goods and Services Tax and another being State Goods and Services (hereinafter referred to as the "CGST" and "SGST" respectively). GST is a system based tax under which there is a single common return and payment for CGST and SGST. Hence the State is not empowered to grant any tax exemption; AND WHEREAS given the cultural importance and for major improvement of road connectivity to Majuli it is necessary to provide special importance to such a project. Now therefore, the Governor of Assam is hereby pleased to notify the "SGST (State Goods and Services Tax) Reimbursement Scheme for Majuli Bridge Project, 2021" (hereinafter referred to as 'Majuli Rei....

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....cate to the Tax Department at the time of filing application for reimbursement. In case such supplier is blacklisted by the Public Works Department for any reason and the contract awarded to such supplier is terminated, the information shall be furnished to the Principal Commissioner of State Tax by the Public Works Department. Further, if for any reason the value of the contract is modified at a subsequent stage, the Public Works Department shall issue fresh Eligibility Certificate in supersession of the earlier certificate and will simultaneously intimate the tax department. 5. Furnishing of one-time information. - A supplier of the goods or services or both (contractor) holding the Certificate of Public Works Department issued under the Majuli Reimbursement Scheme, while applying for SGST reimbursement for the first time under the said Scheme, shall furnish information in the format annexed at Annexure-2 together with the following documents :- (i) Certificate of Registration (GSTIN of the State); (ii) The copy of Eligibility Certificate issued by the Public Works Department; (iii) Bank details of the supplier; (iv) An affidavit-cum-i....

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....ing financial year: Provided that where the amount of SGST to be reimbursed to the supplier of the goods or services or both (contractor) exceeds fifty lakh rupees for a month, the supplier shall also furnish the statement in Annexure-6 for that month along with the application for SGST reimbursement. (5) The Principal Commissioner of State tax may, by an order, provide for online furnishing of the application for reimbursement of the State tax through a portal as may be specified in such order. (6) A supplier which has not been issued the Eligibility Certificate of Public Works Department, shall not be eligible to apply for SGST reimbursement under this Majuli Reimbursement Scheme till issuance of such Certificate. 7. Manner of reimbursement. - (1) The jurisdictional Deputy Commissioner of State tax or the Assistant Commissioner of State tax, as the case may be, shall scrutinize the entitlement to the claim of SGST reimbursement and shall verify such claim with reference to return submitted by the supplier, electronic cash ledger and challans of payment of State tax on GSTN common portal, and whether the bank account details given in th....

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....such recommendations, shall pass an order sanctioning the SGST reimbursement and shall issue refund advice in the format annexed at Annexure-7 directly to the Cyber Treasury, Dispur with an intimation to the Office of the jurisdictional Deputy Commissioner of State tax or Assistant Commissioner of State tax and to the concerned supplier and such refund advice may also be issued electronically to the Treasury. The Principal Commissioner of State tax may issue a single consolidated sanction order covering number of eligible suppliers for a particular period. (6) The SGST reimbursement shall be made from the concerned head of account "2040-00-001-4844-302" (i.e. major head: "2040-Taxes on sales, trade, etc., sub-major head: "00", minor head "001", sub-head: "4844-Reimbursement of Assam State GST", and sub-sub head: "302-Reimbursement of Assam State GST under the "SGST Reimbursement Scheme for Majuli Bridge Project, 2021") (7) On the basis of such refund advice, the Treasury Officer shall, invariably within three working days of the receipt of refund advice, transfer electronically the sanctioned amount of SGST reimbursement directly to the bank accounts of the suppli....

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....t shall keep a budgetary allocation of an amount which is equivalent to one hundred and fifteen percent of the amount of SGST reimbursed during the previous financial year. Such budgetary allocation shall be placed at the disposal of the Principal Commissioner of State tax. In case such budgetary provision falls short, further amount shall be allocated through supplementary demand. 10. Repayment by claimant/ recovery and dispute resolution .- (1)The reimbursement of SGST allowed is subject to the conditions specified under the Majuli Reimbursement Scheme and in case of contravention of any provision of the same, the reimbursement shall be deemed to have never been allowed and any inadmissible amount reimbursed for any period under this Scheme shall be recovered along with a simple interest at the rate of 18% per annum thereon. In case of recovery or voluntary adjustment of excess payment, repayment, recovery or return, interest shall also be paid by unit at the rate of 18% per annum calculated from the date of reimbursement till the date of repayment, recovery or return. (2)Where any amount under the Majuli Reimbursement Scheme is availed by wrong declara....

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....edient for removing the difficulty. (2) In order to ensure smooth implementation of this Majuli Reimbursement Scheme, the Principal Commissioner of State tax may, with approval of the Finance (Taxation) Department, by an order, published in the Official Gazette, prescribe additional format/annexure and the time and manner of furnishing the same to the specified authority or modify the existing format/annexure. (3) In the matter of interpretation of the Majuli Reimbursement Scheme, the decision of the Government in the Finance (Taxation) Department shall be final and binding. SGST Reimbursement Scheme for Majuli Bridge Project, 2021 ANNEXURE-1 ELIGIBILITY CERTIFICATE FOR SGST REIMBURSMENT (By Public Works Department) [Para-4] Name of the Office : Address of the Office : Serial No. Date: Certified that M/S. .............................. bearing PWD registration No......................  and GSTIN. ...................... is granted Eligibility Certificate for claiming SGST reimbursement under the "SGST Reimbursement Scheme for Majuli Bridge Project, 2021." 1. Particulars of the Contractor (Tax Payer) - a. Name of the su....

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....correct and true to the best of my/our knowledge and belief. Date:_________ Signatures of the proprietor/partner/director/ authorized signatory Place: _________ Name: _________ Status: :_________   SGST Reimbursement Scheme for Majuli Bridge Project, 2021 ANNEXURE-3 Affidavit - Cum - Indemnity Bond [Para-5] I / We Shri ______________ S/o ______________ (add names) in my/our capacity of _____________ (designation) of ________________ (company/supplier) (hereinafter called the Indemnifier), GSTIN _____________hereby solemnly affirm and declare for and on behalf of _____________ of (company/supplier) that I am/ our company is eligible for SGST reimbursement under the "SGST Reimbursement Scheme for Majuli Bridge Project, 2021" and supplying goods/services or both, on payment of GST under the Assam Goods and Services Tax Act, 2017 and my/our claim will not include any other activity being carried out under the same GSTIN and I/we will not claim any SGST reimbursement in respect of goods/ services or both not covered by the Certificate of Public Works Department issued under the said Scheme. I /We further affirm and declare that I/w....

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.... 11. Bank details (as furnished to the GST portal) Bank Account No. Name of the Bank : Bank account type : Name of the account holder : Address of the bank branch IFSC Code MICR 12. Total amount of contract value : 13. Applicable GST Rate : 14. Eligible amount for SGST Reimbursement (As per EC) : 15. Cumulative SGST reimbursement already availed up to the end of the previous month before filing this claim for reimbursement : 16. Balance amount for which reimbursement is available at the beginning of the tax period for which the reimbursement claim has been filed VERIFICATION I/We hereby declare that the particulars given herein are correct and true to the best of my/our knowledge and belief and I/we hereby apply for SGST reimbursement under the "SGST Reimbursement Scheme for Majuli Bridge Project, 2021" after complying with the terms and conditions of the said Scheme. I/We further undertake to indemnify the Government of Assam for any revenue loss which may occur (might have occurred) due to incorrect SGST reimbursement. I /We further affirm and declare that no amount of SGST reimburseme....

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....d TDS Net SGST Payable (in Rs.) Ineligible amount (in Rs.) SGST reimbursement claimed (in Rs.) Remarks SGST (in Rs.) IGST (in Rs.) Total (in Rs.) 1 2 3 4 5 6 7 8 9 I/We have checked the books of accounts including all bills, vouchers, money receipts, invoices and certify that the aforesaid information are verified and are true. I/We also certify that all the aforesaid items have been duly paid for and no outstanding against those is there in the books of the supplier. Date : Place: Signature of the Chartered Accountant Registration No. SGST Reimbursement Scheme for Majuli Bridge Project, 2021 ANNEXURE-7 [Para-7 REFUND VOUCHER COUNTERFOIL REFUND VOUCHER (To be presented within one month of the issue) Book No......................... Book No. ......................... Voucher No. ......................... Voucher No. ......................... Number and date of sanction order: Number and date of sanction order: Refund payable to: To GSTIN : The Treasury Officer. ......................... Amount of Refund: The Agent, State Bank of India. ...............