GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. 2012/TG.III/631/2

New Delhi Dated 01.12.2017

The General Managers
All Indian Railways

The CMD/IRCTC
New Delhi

CMD/KRCL,
Navi Mumbai

(Commercial Circular No. 79 of 2017)

Sub: Applicability of Goods and Service tax (GST) on Static Catering Services on IR.

Ref: (i) Commercial Circular No. 78 of 2012 dated 21.12.2012
(ii) Commercial Circular No. 44 of 2017 dated 29.06.2017
(iii) Commercial Circular No. 48 of 2017 dated 30.06.2017
(iv) Board’s letter No. 2016/AC-II/01/Misc./GST (RBS No. 164/20117) dtd 20.11.2017
(v) Board’s letter no. 2017/TG-III/631/6 dated 18/09/2017.

Ministry of Finance (Department of Revenue) vide notification No. 11/2017 – Central Tax(Rate) dated 28.06.2017 had issued GST Rate for supply of food and beverage services. Further, vide Notification no. 46/2017-Centrl Tax (Rate) dated 14.11.2017, the aforesaid notification has been amended. The issue of implementation of Goods and Service Tax (GST) on Catering Services on Indian Railway has been examined in consultaion of Finance Commercial Dte. of Railway Board and accordingly, following are advised:-

1. The chargeable GST on catering services in state in catering units / parliament canteen is @ 5% with no Input Tax Credit (ITC).

2. The above GST on catering charges through Static units is applicable w.e.f. 15.11.2017.

3. The rates notified vide Commercial Circular No. 78 of 2012 will remain unchanged after applicability of GST but are now inclusive of GST @ 5% for static catering units.

This issues with the concurrence of Finance Dte. of Railway Board.

Please acknowledge receipt of this letter.

sd/-
(Smita Rawat)
Executive Director (T&C)
Railway Board

Authority: www.indianrailways.gov.in

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The Cabinet today approved replacing the Goods and Service Tax (Compensation to States) Ordinance by a bill, sources said.

The GST (Compensation to States) Act 2017 aims to provide for compensation to the states for the loss of revenue arising on account of implementation of Goods and Service Tax Act, they said.

It provides for imposition of compensation cess on intra-state/ inter-state supplies of goods and services.

The GST Council in its 20th meeting held in August had recommended an increase of 10 per cent to 25 per cent in the maximum rate on certain type of motor vehicles.

The Ordinance was promulgated on September 2, thus raising the maximum rates.

Article 123 of the Constitution mandates that the ordinance be approved by the Parliament within six weeks of reconvening.

Accordingly, the sources added the finance ministry had sought Cabinet nod for the replacement of the ordinance by the Goods and Service Tax (Compensation to States) Bill, 2017.

The government has listed the bill for introduction in its Parliament business agenda for the next week.

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There are lot of speculations in the media about the credit of Rs. 65,000 crore claimed by taxpayers in respect of Central Excise and Service Tax in the pre-GST period. Some people are under the impression that because of Rs. 65,000 crore claimed as transition credit, the income of Government this month has plummeted.

Firstly, Rs. 65,000 crore is the credit claimed by the taxpayers in the TRANS 1 form as their balance of credit. It does not mean that they would have used all of this credit for payment of their output tax liability for the month of July 2017.

It may be clarified that this is far from the truth. Secondly, it may be clarified that an amount of Rs. 95,000 crore, which was received in the month of August 2017 for GST, is the amount actually paid in cash other than availing credit.

Thirdly, this figure of transition credit claimed is also not incredibly high, since Rs.1.27 lakh crore of credit of Central Excise and Service Tax was lying as closing balance as on 30th June, 2017 as per department’s record. This includes credit in Central Excise as well as Service Tax. Of course, some of these credits may not be admissible under GST regime, for example the credits, which are blocked under Section 17 (5) of CGST Act or which are not covered under the definition of GST. Also, some of the credits, which are claimed in TRANS 1 form may be under litigation and, therefore, it may not be available to the assesse to carry forward or utilisation. It is from this angle that CBEC is examining the transition credits, which are claimed by the assessees in TRANS I form in certain cases.

It is possible that some assessees would have committed mistake in filing TRANS 1 form of admissible credit. It has, therefore, been decided to provide facility for revision of TRANS 1 by the GST Council. This facility would be available by middle of October 2017 and assessees are requested to revise their TRANS 1 form before 31st October, 2017, so that they themselves can remove the error.

PIB

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Controller General of Defence Accounts
Ulan Batar Road, Palam
Delhi Cantt

No. GST Cell/9504/GST/Query                                           

16th August 2017

To,
Commodore Sanjay Vatsayan
PDNP, IHQ MoD (Navy)
New Delhi

Sub: Implementation of GST in Defence Sector

This has reference to letter No.PL/3109/FP5 dated 9th Aug 2017 regarding clarification on GST registration number.

2. In this regard, it is intimated that Section 51 & 52 of GST Act, 2017 (uploaded on CGDA website) has been kept in abeyance by the Ministry of Finance, GoI. Hence, DDOs registration number i.e, GSTIN of PCsDA/CsDA is not required for processing of third party bills, as an interim arrangement, till Section 51 & 52 of GST Act is notified.

3. This issues with the approval of Addl. CGDA (US).

ACGDA (GST)

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Sale Automobiles at CSD

Consequent to implementation of GST the impact on sale of vehicles to CSD customers is as follows :

• Rates of Four Wheelers to CSD eligible customers will be CONSISTENT across the country. A slight variation may occur on account of varying freight and transit insurance charges of the companies.
• Across India the customers will benefit in terms of price differential.
  Eligible CSD Customers shall only be levied 50% of GST and will NOT be involved in claiming refunds
• The dealership across the country for all auto manufacturers have been expanded. All rates will be finalized by 31 Aug 2017

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The GST Council considered the issue of cess leviable on motor vehicles in its 20th meeting held on the 5th of August 2017 and recommended that Central Government may move legislative amendments required for increase the maximum ceiling of cess leviable on motor vehicles falling under headings 8702 and 8703 including SUVs, to 25% instead of present 15% . However, the decision on when to raise the actual cess leviable on the same will be taken by the GST Council in due course.

It was noted that after introduction of GST, the total tax incidence on motor vehicles [GST + Compensation Cess] has come down vis-a-vis the total tax incidence in pre-GST regime. The Schedule to the Goods and Service Tax (GST) (Compensation to State) Act 2017, specifies the maximum rate at which Goods and Service Tax Compensation Cess may be collected. In respect of motor vehicles, the maximum rate at which Goods and Service Tax Compensation Cess may be collected is 15%.

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Reports have been received expressing doubts whether 5-star Hotels are liable to pay GST @ 28% irrespective of the declared tariff of a unit of accommodation.

In this context, it is hereby clarified that accommodation in any hotel, including 5-star hotels, having a declared tariff of a unit of accommodation of less than INR 7500 per unit per day, will attract GST @ 18%. Star rating of hotels is, therefore, irrelevant for determining the applicable rate of GST.

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Applicability of Goods and Service Tax (GST) on Catering Services

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.2012/TG.III/631/2

New Delhi dated 29.06.2017

The General Managers
All Indian Railways

The CMD/IRCTC
New Delhi

CMD/KRCL,
Navi Mumbai

(Commercial Circular No.44 of 2017)

Sub: Applicability of Goods and Service Tax (GST) on Catering Services

The issue of implementation of Goods and Service Tax (GST) on Catering Services on Indian Railways has been examined in consultation of Finance Commercial Dte. of Railway Board. Accordingly, following are advised:-

1. The chargeable GST on catering services on railways is as under:-

(i) For static units not having facility of air conditioning or central heating at any time during the year- 12% with full Input Tax Credit (ITC)

(ii) For static units having facility of air conditioning or central heating at any time during the year-18% with full Input Tax Credit (ITC)

(iii) For Rajdhani/Shatabdi/Duronto and other Mail/Express trains -18% with full Input Tax Credit (ITC)

2. The above GST on catering charges is applicable w.e.f 01.07.2017.

3. The revised catering apportionment charges for Rajdhani/Shatabdi/Duronto trains and other similar type of Rajdhani trains where catering charges are inbuilt in ticket fare are as under:-

4. In case of Rajdhani/Shatabdi/Duronto type trains where catering charges are part of the ticket fare, amount of GST is to be reimbursed to the service providers on submission of proof of deposit of the same with the appropriate Government Authority. However, in case of Mail/Express trains and other static units where catering services are provided on payment basis and the above taxes are collected directly from the passengers through cash memo, money receipts etc., Zonal railways /IRCTC shall ensure that the GST collect from the passenger are deposited with the concerned Authorities as per the guidelines /procedures laid down by the M/o Finance. To ensure the same zonal railways shall also obtain monthly proof of compliance of tax deposit by the service provides as per laid down procedures.

5. In case of other mail/express trains and static unit, the GST amount shall not be rounded off. In case of showing separate GST amount for CGST and SGST/UTGST in that case also GST amount shall be separately mentioned upto two decimal place. As regard rounding off of chargeable amount, after levy of GST on the total amount it shall be rounded off to the nearest rupee.

6. In addition to the above, GST on catering services of other premium trains like Tejas, Gatiman, Shivalik etc. shall be levied @ 18%. Accordingly, necessary changes in the catering apportionment charges shall be advised by the Zonal Railways to CRIS.

This issue with the concurrence of Finance Dte. of Railway Board.

Please acknowledge receipt of this letter.

sd/-
(Smita Rawat)
Exe. Director (T&C)
Railway Board

Click Here to view the original order

Authority : www.indianrailways.gov.in

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The Union Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh today, congratulated all the eight North-Eastern States for successful implementation of GST and said, the North-Eastern States have set an example by being highly supportive right from the beginning of the GST exercise, in spite of several diversities, contradictions and constraints of the region. He commended the unassuming approach of the eight State Governments of different political parties as well as the various trade bodies and their representatives from the region, who, from time to time, came forward with their apprehensions and sought responses with an open mind, which paved the way for amicable solution to each of the issues related to GST roll-out in the region.

Speaking to Nagaland Minister for Roads & Bridges, designate in GST Council, Shri Y. Vikheho Swu, who called on him to discuss the arrangements post-roll-out of GST in the State, Dr Jitendra Singh had a word of praise for Nagaland, which happens to be one of the most peripheral Indian States with its immediate borders with foreign countries and with constant hassles emanating from topography, inadequate connectivity, transport limitations etc.

Shri Vikheho Swu gave a detailed resume of the manner in which everything was being managed smoothly following the GST roll-out on the midnight of June 30th and July 1st. He also wanted Dr Jitendra Singh to ensure that the All India Services officers engaged in implementation and management of GST should not be transferred or posted elsewhere for the time being.

Dr Jitendra Singh also had a word of praise for the literate approach and sagacious wisdom of the traders as well as consumers of North-Eastern region who were always open to reason. Citing an example, he said, when it was pointed out that some of the local handloom / handicraft products had come under the gambit of GST, even though these were tax-free earlier, the grievance got instantly resolved when it was explained that earlier, several of the taxes on raw material, etc., were embedded and hence not visible, whereas now it is only one tax, the GST, which is visible with no other invisible taxes, and hence the ultimate cost could remain the same or even less.

In the long run, Dr Jitendra Singh said that the GST will prove to be a blessing for the Northeast as it will offer the peripheral States an opportunity to grow side by side along with the more developed States of India.

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The Prime Minister, Shri Narendra Modi, today reviewed the status of GST, which is to be implemented from July 1.

The meeting, which lasted for over two and a half hours, was attended by Finance Minister Arun Jaitley, and top-most officials from the Ministry of Finance, PMO and the Cabinet Secretary.

In the course of the meeting, the Prime Minister specifically reviewed aspects of implementation such as IT readiness, HR readiness, training and sensitization of officers, query handling mechanism, and monitoring. The Prime Minister was informed that GST systems such as IT infrastructure, training of officials, integration with banks, and enrolment of existing taxpayers will be in readiness well in time for the July 1 implementation date. Information security systems were discussed in detail.

A Twitter handle – @askGst_GOI has been started for real time answering of queries. An All India toll-free phone 1800-1200-232 has also been activated for this purpose.

The Prime Minister asserted that the implementation of GST from July 1st, is the culmination of the concerted efforts of all stakeholders, including political parties, trade and industry bodies. He described GST as a turning point for the economy, unprecedented in history. He directed officials that the creation of One Nation; One Market; One Tax would greatly benefit the common man. The Prime Minister also directed that maximum attention be paid to cyber-security in IT systems concerned with GST.

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