Under GST, following kinds of services are provided by RSA Legal Solutions:

GST Advisory and consultancy

• Impact Assessment on the current business of the Company
• Advisory on GST related issues such as registration, place of supply, export- import under GST, works contract, mixed and composite supplies, returns, composition scheme and other issues arising out of interpretation of CGST Act, SGST Act, IGST Act and rules and notification;
• Advisory related to transitional provisions;
• Issues related to classification under GST;
• Issues related to GST rates;
• Contract review from GST perspective;
• Advisory related to advance ruling etc.

Training:

We conduct industry specific seminars so that issues can be addressed properly.

Key topics that are covered in Seminar are:

• Goods and Service Tax-Concept
• Key sections and rules of GST law
• Analysis of following points:
• Refunds,
• returns,
• input tax credit,
• litigation etc.
• Impact of GST related to business of the Company
• Transitional Provisions
• Loopholes under GST law

Implementation Support:

We prepare an exhaustive report which focus on GST impact assessment, implication, procedural suggestions, action and safeguard for GST implementation.

Health check-up:

GST laws are subject to frequent changes and amendments. At times, it is difficult to track these changes and ensure timely implementation. It is a good practice to undertake a regular health check or review (annual or half yearly) by Companies to ensure that no changes or amendments having significant impact are missed altogether.

Compliance Services:

We assist our clients in relation to compliance related services such as:

• Registration;
• Refund;
• Return;
• Filing of LUT/Bond under GST law;

GST practitioner in Delhi NCR, GST auditor, GST return filing,

Under the GST regime, businesses whose turnover exceeds INR 20 lakhs (INR 10 lakhs for N.E. and Hill Stations) is required to register as a normal taxable person (the limits has been extended conditionally).

For certain businesses, registration under GST is mandatory. If the organization carries on business without registering under GST, it will be an offense under GST and heavy penalties will apply.

GST Registration usually takes between 2-6 working days in normal course, if all the required documents are correctly filed.

Who should register under GST?

• Individuals registered under the Pre-GST law (i.e., Excise, VAT, Service Tax etc.);
• Businesses with turnover above the threshold limit of INR 20 Lakhs (INR 10 Lakhs for North-Eastern States);
• Casual taxable person / Non-Resident taxable person;
• Agents of a supplier & Input service distributor;
• Those paying tax under the reverse charge mechanism;
• Person who supplies via e-commerce aggregator;
• Person supplying online information and database access or retrieval services from a place outside India to a person in India, other than a registered taxable person.

REG-01

GST Registration application can be made by filing form GST REG-01. The taxpayer while applying for registration will be required to declare his PAN details, mobile number, email address and the state of registration in Part-A of REG-01 on the common portal.

Using the reference number generated, the applicant shall electronically submit an application in Part-B of REG-01, duly signed or verified through electronic verification code, along with the documents specified in the said Form at the common portal.

A registered person is eligible to obtain a separate registration for business verticals by submitting a separate application in FORM REG-01 in respect of each of such vertical.

REG-07

Application for Registration as Tax Deductor at source (u/s 51) or Tax Collector at source (u/s 52)

REG-08

Order of cancellation of registration as tax deductor at source or tax collector at source

REG-09

Application for Registration of Non-Resident Taxable Person

REG-10

Application for registration of person supplying online information and data base access or retrieval services from a place outside India to a person in India, other than a registered person.

REG-11

Application for extension of registration period by casual / non-resident taxable person

REG-13

Application/Form for grant of Unique Identity Number (UIN) to UN Bodies/Embassies /others

REG-14

Application for amendment in registration particulars for all registered persons

REG-16

Application for cancellation of registration

REG-25

Certificate for provisional registration

REG- 26

Application for enrolment of existing taxpayers

GST Returns

Even though the new tax regime promises a simpler compliance mechanism, it still is very extensive. The taxpayers will have to marshal their resources to deal with new state tax obligations in each and every state in which they operate. Further, many businesses in India have been left with little or no time to understand their new obligations and compliances required under the regime.

GSTR-1

(All Registered Persons)

GSTR-1 is a monthly or quarterly return that summarizes all sales (outward supplies) of a taxpayer. Every registered person is required to file GSTR-1 irrespective of whether there are any transactions during that month or not.

The following registered persons are exempt from filing the return:

• Input Service Distributors;
• Composition Dealers;
• Suppliers of online information and database access or retrieval services (OIDAR);
• Non-resident taxable person;
• Taxpayers liable to collect TCS;
• Taxpayers liable to deduct TDS.

Taxpayers with sales up to INR 1.5 crore will file quarterly GSTR-1 returns.

Taxpayers with sales above INR 1.5 crores will have to file monthly GSTR-1 returns.

Late fee: The Late fee for filing GSTR-1 has been reduced to INR 50 per day and INR 20 per day (for nil return taxpayers).

GSTR-1 is required to be filed by 11^th of the next month for monthly filers and by 13th of next month to the end of every quarter for quarterly filers.

Every registered person is required to file GSTR-1 irrespective of whether there are any transactions during that month or not.

The following registered persons are exempt from filing the return:

• Input Service Distributors;
• Composition Dealers;
• Suppliers of online information and database access or retrieval services (OIDAR);
• Non-resident taxable person;

Late fee: Late fee is applicable as per law.

GSTR-3B

(All Registered Persons)

GSTR-3B is a monthly self-declaration that has to be filed by a registered dealer.

The taxpayer is required to file a separate GSTR-3B for each GSTIN. The tax liability of GSTR-3B must be paid by the last date of filing SGTR-3B for that month. Further, GSTR-3B once submitted cannot be revised.

GSTR-4

(Persons registered under Composition Scheme)

A registered taxpayer under composition scheme of GST is required to furnish GSTR-4 by 18^th of the month succeeding quarter. Unlike a normal taxpayer who needs to furnish 3 monthly returns, a dealer opting for composition scheme is required to furnish only 1 return which is GSTR-4.

GSTR-4 has to be filed on a quarterly basis.

Late fee: Late fee is applicable as per law.

GSTR-4 is to be filed before 18^th of April, July, October and January.

GSTR-5

(Non-Resident Taxable Persons)

Every registered non-resident taxable person is required to furnish GSTR-5 return. Non-resident foreign taxpayers are those suppliers who do not have a business establishment in India and have come for a short period to make supplies in India. It will contain all business details including the details of sales and purchases.

Information from GSTR-5 will flow into GSTR-2 of buyers.

GSTR-5 is a monthly return due every 20^th of the next month.

 

GSTR-5A

(Online Information and Database Access or Retrieval or OIDAR)

GSTR-5A is a return which is to be furnished by Online Information and Database Access or Retrieval (OIDAR) services provider to an unregistered person or customers.

Monthly returns need to be filed by 20^th of the month succeeding the tax period for which the return pertains or by the date as may be extended by the Commissioner.

 

GSTR-6

(Input Service Distributors)

Every Input Service Distributor is required to file a monthly return furnishing details of invoices on which credit has been received. It contains the ITC received by the Input Service Distributor and the distribution of ITC.

GSTR-6 has to be filed by ever ISD even if it is a nil return.

The due date for filing of GSTR-6 is 13^th of next month.

 

GSTR-7

(Authorities deducting Tax at Source)

Every registered taxable person who is required to deduct tax at source under GST shall furnish a return in GSTR-7 by 10^th of next month.

GSTR-7 contains the details of TDS deducted, TDS liability payable and paid, TDS refund claimed, if any etc. It is important as it enables the deductee i.e. the person whose TDS has been deducted can claim input credit of such TDS deducted and utilize it for the payment of output tax liability.

 

GSTR-8

(E-Commerce Operators)

GSTR-8 is a monthly return which is to be filed by e-commerce operators registered under GST who are required to deduct TCS (Tax Collected at Source). GSTR-8 contains details of such supplied effected through the e-commerce platform.

An e-commerce operator has been defined under the GST Act as any person who owns or manages a digital or electronic facility or platform for electronic commerce. Currently the Government has put the TCS provisions on hold, it is expected to be applicable from 1^st April, 2018 onwards.

 

GSTR-9

(Registered Person)

GSTR-9 is an annual return which is required to be filed once in a year by the registered taxpayer under GST including those registered under the composition levy scheme. It consists of details regarding the supplies made and received during the year under different tax heads i.e. CGST, SGST and IGST. It basically consolidates the information furnished in the monthly/quarterly returns during the year.

Every registered taxable person under GST must file GSTR-9. However, the following persons are not required to file the same:

• Casual Taxable Person
• Input Service Distributors
• Non-resident taxable persons
• Persons paying TDS under Section 51 of the GST Act.

GSTR-9 is required to be filed before 31^st December of Next Financial Year

 

GSTR-10

(Registered persons with surrendered or cancelled GST registration)

GSTR-10 is the return to be filed by the registered taxable persons who have opted for the cancellation of GST registration. GSTR-10 must be filed within three months from the date of cancellation or date of cancellation order whichever is later.

 

GSTR-11

(Persons with Unique Identity Number)

GSTR-11 is the return to be filed by the persons who have been issued a Unique Identity Number (UIN) in order to claim refund under GST for goods and services purchased by them in India.

The following organizations can apply for a UIN:

• A specialized agency of the United Nations Organization
• A Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947,
• Consulate or Embassy of foreign countries
• Any other person or class of persons as notified by the Commissioner.

The abovementioned persons/organisations can apply for UIN using FORM GST REG-13.

GSTR-11 must be filed by the 28^th of the month following the month in which the inward supply is received by the UIN holders.

The provisions pertaining to refund contained in the GST law aim to streamline and standardise the refund procedures under GST regime. Filing your GST returns under GST law is crucial as non-compliance and delay will result in penalties and affect your compliance rating and timely refunds.

RFD-01

Any taxpayer can file for refund in FORM RFD-01. Refund will be issued only when the refund amount exceeds INR 1,000. RFD-01 is an application for online processing of refund under GST. It is to be e-filed on the GST portal to claim the refund of:

• taxes, cess and interest paid in case of zero-rated supplies
• balance of excess cash paid into the electronic cash ledger
• unutilised Input tax credit accumulated in your Electronic Credit Ledger due to Inverted duty structure.

Note: In case of deemed exports, either the recipient or the supplier can make an application for refund of the taxes paid. Essentially, for a particular invoice of deemed exports, both the supplier and the recipient cannot apply to claim refund.

RFD-01A

It is for manual filing of RFD-01 till the time the facility to claim refunds is enabled.

RFD-10

Application for refund by any specialized agency of UN or any multilateral financial institution an organization, consulate or embassy of foreign countries, etc. is filed in RFD-10.

This refund is required to be filed once every quarter.

The applicant can file the form electronically through the common portal or directly through a facilitation centre notified by the commissioner. A statement of inward supply of goods and services or both has to be submitted along with the above form in the form GSTR 11. An acknowledgment would be shared in form GST RFD-02.

RFD-11

The FORM RFD-11 acts as a bank guarantee which is required to be submitted to secure the integrated tax payable on export of goods or services.

Any registered person availing the option to supply goods or services for export without payment of integrated tax shall furnish prior to export, a bond or letter of undertaking in the form of RFD-11 to the jurisdictional commissioner binding himself to pay the tax due along with interest.