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Abhipra | Weekly Outlook

“All our decisions are people-inspired, people-friendly and people-centric. We are working tirelessly for India’s economic integration through GST. These recommendations are in spirit of the continuous feedback we are getting from various stakeholders on GST.”

Prime Minister Shri Narendra Modi.

Message from Shri V D Aggarwal

Dear Friends,

Feel Good Package from the 23rd GST Council meet.”
Modi government announced the biggest package concessions after the new indirect tax system took effect on 1 July 2017. GST Council cuts tax rates on over 200 items, ranging from chewing gum to chocolates, to beauty products, wigs and wrist watches to provide relief to consumers and businesses.

GST council took more steps to bring simplicity in the return process and to reduce the compliance burden for the taxpayers. Council postpone the filing of GSTR 2 and GSTR 3 which yet to be work out but all taxpayers have to file GSTR3B till March 31, 2018.

Major decisions taken by the GST Council in 23rd Meeting and their respective notifications are as follow :-

The GST council issued three releasse to implement the decisions. The gist of decisions are as under;-

I. Changes in the due dates for filing of returns

To facilitative measures for taxpayers, the CBEC vide Notification no. 56 to 64 dated 15th November 2017 notified following changes in view of the difficulties being faced during the return filing process, the return filing process is to be further simplified in the following manner: -


contd. from page 1
Due dates for other returns has been revised as per following

1. A large number of taxpayers were unable to file their return in FORM GSTR-3B within due date for the months of July, August and September 2017. Late fee was waived in all such cases. It has been decided that where such late fee was paid, it will be re-credited to their Electronic Cash Ledger under “Tax” head instead of “Fee” head so as to enable them to use that amount for discharge of their future tax liabilities. The software changes for this would be made and thereafter this decision will be implemented.

2. For subsequent months, i.e. October 2017 onwards, the amount of late fee payable by a taxpayer whose tax liability for that month was ‘NIL’ will be Rs. 25/- per day (Rs. 10/- per day each under CGST & SGST Acts) instead of Rs. 200/- per day (Rs. 100/- per day each under CGST & SGST Acts). Refer - Notification No. 64/2017 – Central Tax dated 15thNovember 2017

II. Amendment under Rules

 Central Government vide Notification No. 55/2017 – Central Tax dated 15th November 2017w.e.f 15th November 2017 amends following rules: -

  • An explanation has been inserted after sub-rule (2) in rule 43 for the purposes of rule 42 and this rule that the aggregate value of exempt supplies shall exclude the value of supply of services having place of supply in Nepal or Bhutan, against payment in Indian Rupees.
  • In rule 54, in sub-rule (2), for the words “supplier shall issue”, the words “supplier may issue” shall be substituted.
  • New Rule 97A & 107A on “Manual filing and processing” has been inserted after rule 97 & 107 respectively ‘’Notwithstanding anything contained in this Chapter, in respect of any process or procedure prescribed herein, any reference to electronic filing of an application, intimation, reply, declaration, statement or electronic issuance of a notice, order or certificate on the common portal shall, in respect of that process or procedure, include manual filing of the said application, intimation, reply, declaration, statement or issuance of the said notice, order or certificate in such Forms as appended to these rules.
  • New Rule 109A. Appointment of Appellate Authority has been inserted after rule 109 namely: -

5. Termination Power with Central Government:- Central Government with the approval of the Chairperson of the Council may terminate the appointment of the below officials at any time as per new proviso has been inserted in sub-rule (4) & (5) of rule 124 of CGST Act 2017.

  • Chairman.
  • Technical Member

6. New refund forms had been inserted after the “FORM GST RFD-01”.


III. Benefits to Service Providers

  • Export of Services to Nepal & Bhutan-ITC can be claimed

Exports of services to Nepal and Bhutan have already been exempted from GST. It has now been decided that such exporters will also be eligible for claiming Input Tax Credit in respect of goods or services used for effecting such exempt supply of services to Nepal and Bhutan. [Press release on Policy issues dated 10th November 2017]

  • Exemption to Service Providers rendering service through E Commerce.

All service providers, whether supplying intra-State, inter-State or through e-commerce operator, will be exempt from obtaining GST registration, provided their aggregate turnover does not exceed Rs. 20 lakhs (Rs. 10 lakhs in special category States except J & K)). [Notification No. 65/2017 – Central Tax dated 15th November 2017]
Comment: The above exclusion currently applies only to suppliers of services (other than through e-commerce operators) with effect from 15th November 2017. As regards suppliers supplying through e-commerce operators (attracting TCS u/s 52) requires amendment to the law and will take effect only after such amendment. But, suppliers supplying through e-commernce operators attracting section 9(5) were already excluded from requirement of registration even above threshold limit by section 24(ix).

IV. Benefits for Diplomatic Missions/UN organizations

A Centralized UIN will be issued to every Foreign Diplomatic Mission / UN Organization by the Central Government and all compliance for such agencies will be done by the Central Government in coordination with the Ministry of External Affairs.
[Press Release on GST rate changes dated 10th November 2017]

V. Press Release On Changes recommended in Composition Scheme.


VI. No GST on advance received against supply of GOODs for all assesses

The CBEC vide Notification No. 66/2017 – Central Tax dated 15th November 2017 notified that the registered person who did not opt for the composition levy under section 10 of the CGST Act as the class of persons who shall pay the central tax on the outward supply of goods at the time of supply as specified in clause (a) of sub-section (2) of section 12 of the said Act including in the situations attracting the provisions of section 14 of the said Act, and shall accordingly furnish the details and returns as mentioned in Chapter IX of the said Act and the rules made thereunder and the period prescribed for the payment of tax by such class of registered persons shall be such as specified in the said Act.

Comment: Therefore all persons (below or above 1.5 cr limit) shall not be required to pay tax on advance received against future supplies of goods. This facility was allowed only to persons below the 1.5 cr limit which will continue to enjoy the relaxation from 13th October 2017 but all other taxable persons (other than composition) will now enjoy from 15th November 2017 onwards.

[Notification No. 66/2017 – Central Tax dated 15th November 2017,Notification No. 40/2017 – Central Tax dated 13th October 2017]

VII. Exemption from IGST on imports of following goods subject to conditions mentioned therein

[Press Release on GST rate changes dated 10th November 2017, Notification No. 45/2017-Central Tax (Rate) dated 14th November 2017, Notification No. 47/2017-Integrated Tax (Rate) dated 14th November 2017]

VIII. Other changes for simplification and harmonisation or clarification of issues

IX. Changes in GST rate

The CBEC vide Notification No. 41/2017-Central Tax (Rate) dated 14th November 2017 effective from 15th November 2017 reduced GST rate on goods from 28% to 18% on goods falling in 178 headings at 4-digit level (including 4 tariff heading that are partially pruned).  After these changes, only 50 items will attract GST rate of 28%.  
For details of rates Notification No. 41/2017-Central Tax (Rate) dated 14th November 2017 may be referred.


GST Rates Slashed On Over 200 Items: See What Has Gone Cheaper.

GST Return Filing Due Date


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