Unique Identification (Id) For Budgetary Support under GST Regime (Based on DIPP Notification dated 05.10.2017 and CBEC Circular No. 1067/6/2018-CX dated 05.10.2018)

Unique Identification (Id) For Budgetary Support under GST Regime (Based on DIPP Notification dated 05.10.2017 and CBEC Circular No. 1067/6/2018-CX dated 05.10.2018)

Background

Under the Central Excise regime prior to 01.07.2017, manufacturing units in specified states (Jammu & Kashmir, Uttarakhand, Himachal Pradesh, and North Eastern States including Sikkim) were eligible for exemption from Central Excise duty under area-based exemption notifications.

With the introduction of GST from 01.07.2017, these exemptions ceased. To mitigate hardships, the Central Government introduced a Scheme of Budgetary Support providing partial reimbursement of GST paid, limited to the Central Government’s share of CGST and/or IGST retained after devolution to states.

Unique Id System

  • Requirement under DIPP Notification (Para 8.1)

The eligible units shall obtain one time registration on the ACES-GST portal and obtain a unique ID which is to be used for all processing of claims under the scheme.

The application by the eligible unit for reimbursement of budgetary support shall be filed on the ACES-GST portal with reference to unique ID obtained and shall be processed by the Deputy Commissioner or Assistant Commissioner of the Central Tax for sanction of the admissible amount of budgetary support.

  • Purpose of Unique ID

The Unique ID serves as:

    1. Registration identifier for eligible units
    2. Reference number for all claim applications
    3. Processing key for sanction by tax authorities
    4. Tracking mechanism for all scheme transactions
  • Eligibility for the Scheme

Eligible Unit (Para 4.1 of DIPP Notification)

A unit which was eligible before 01.07.2017 to avail ab-initio exemption or exemption by way of refund from payment of central excise duty under specified notifications and was availing such exemption immediately before 01.07.2017.

Specified States

  • Jammu & Kashmir
  • Uttarakhand
  • Himachal Pradesh
  • North Eastern States: Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura
  • Sikkim
  • Erstwhile Exemption Notifications (Para 2 of DIPP Notification)
  • Jammu & Kashmir: 56/2002-CE, 57/2002-CE (14.11.2002), 01/2010-CE (06.02.2010)
  • Himachal Pradesh & Uttarakhand: 49/2003-CE, 50/2003-CE (10.06.2003)
  • North East States including Sikkim: 20/2007-CE (25.04.2007)

 

Online Registration Process for Unique Id

  • Transition from Manual to Online (Para 2 of Circular 1067/6/2018-CX dated 5/10/17)
  • Manual Registration: Initially units registered manually (up to quarter ending June 2018) as per Circular Nos. 1060/9/2017-CX and 1061/10/2017-CX dated November 2017.
  • Online Registration: Implemented from quarter ending September 2018 onwards through ACES-GST portal.
  • Fresh Registration Required: Existing manually registered eligible units were required to file fresh application for registration online by 15.10.2018.

 

Online Registration Steps (Para 5 of Circular)

Step 1: Portal Access

Registered GST taxpayers in the 11 States can obtain login credentials on the CBEC GST Portal (www.cbec-gst.gov.in) by entering their GSTIN under ‘login’.

Step 2: OTP Verification

A one-time password is sent to the Email-id and mobile number declared in the REG-01/REG-26 form filed at the GST Common portal.

Step 3: Password Setup

On logging in with the one-time password, taxpayer is prompted to change the password.

Step 4: Application Filing

With the new password, taxpayer can login to file an application for registration for Scheme of Budgetary Support.

Step 5: Mandatory Details

The taxpayer has to enter the mandatory details for all the eligible units under the GSTIN in the fields provided in the application form.

Step 6: Document Upload

The taxpayer can enclose supporting documents:

    • Up to 10 documents in number
    • Each not exceeding 2MB
    • Uploaded in JPEG/PDF format

Step 7: Submission and Routing

Once submitted, the application is routed to the jurisdictional Deputy Commissioner or Assistant Commissioner of Central Tax having jurisdiction over the Principal Place of Business of the GST Registration.

Step 8: Processing and Unique ID Generation

The jurisdictional Deputy Commissioner or Assistant Commissioner of Central Tax may process and approve the registration, following which a unique ID will be generated for each of the units mentioned in the application.

Step 9: Status Tracking

Taxpayers can check the status of their Registration application by logging in to the portal.

Multiple Units under Same GSTIN

If more than one eligible unit is operating under the same GSTIN:

    • Separate registration required for each eligible unit
    • Separate Unique ID will be generated for each unit
    • Each unit must file claims independently

Budgetary Support Calculation

  • Amount of Budgetary Support (Para 5.1 of Notification)

The amount shall be sum total of:

(i) 58% of the Central tax paid through debit in the cash ledger account after utilization of Input Tax Credit of Central Tax and Integrated Tax

(ii) 29% of the Integrated tax paid through debit in the cash ledger account after utilization of Input Tax Credit of Central Tax and Integrated Tax

Proviso: Where inputs are procured from a registered person operating under Composition Scheme, the amount shall be reduced by the same percentage as is the percentage value of inputs procured under Composition scheme out of total value of inputs procured.

  • Basis of Percentages (Para 5.2)

The 58% has been fixed considering that Central Government devolves 42% of taxes on goods and services to States as per 14th Finance Commission recommendations.

  • Claim Filing With Unique ID

Quarterly Basis (Para 5.4 of Notification)

Budgetary support worked out on quarterly basis:

    • January to March
    • April to June
    • July to September
    • October to December

Online Filing (Para 6 of Circular)

The application for disbursement of budgetary support for the quarter ending September, 2018 onwards would be filed only online.

User Manual

User Manual for Scheme of Budgetary Support is available on CBEC GST Portal (www.cbec-gst.gov.in) under:

    • ‘What’s New’ section
    • ‘Services’ section

Automation Phases (Para 3.1 of Circular)

The scheme was conceptualized to operate in an automated environment developed in 3 phases:

Phase (i): Registration

Online registration of units under the scheme

Phase (ii): Claim Filing

Online filing of applications by registered units for budgetary support

Phase (iii): Integration

    • Upload of inspection report
    • Integration with PFMS System for electronic disbursement
    • Direct transfer to bank accounts of assessees

Status: Phases (i) and (ii) completed. Phase (iii) was under development (likely ready by November 2018).

Processing and Sanction

  • Authority (Para 8.1 of Notification)

Applications processed by the Deputy Commissioner or Assistant Commissioner of the Central Tax for sanction of admissible amount.

  • Verification

Sanctioning authority may call for additional information including:

    • Past data on trends of production and removal
    • Consumption of principal inputs
    • Consumption of electricity
    • Quantum of supply verification
  • Special Audit (Para 8.4)

Special audit by Chartered Accountant/Cost Accountant may be undertaken for units selected based on risk parameters to verify:

    • Correctness of declared production capacity
    • Actual production
    • Overvaluation of supplies

Such special audit undertaken only with approval of Commissioner, CGST.

Inspection Requirement (Para 6 of Notification)

  • DIPP Inspection Teams

Budgetary Support allowed subject to inspection by a team constituted by DIPP for every State to scrutinize implementation of previous schemes.

  • Inspection Report
    • Report uploaded by inspection team on ACES-GST portal
    • Made available to jurisdictional Deputy/Assistant Commissioner on portal
    • Budgetary support released only after inspection findings available
  • Provisional Reimbursement

Where delay expected in inspection findings:

    • Deputy/Assistant Commissioner may sanction provisional reimbursement
    • Such provisional reimbursement shall not continue beyond 6 months

Disbursement Mechanism

  • Budget Allocation (Para 8.1 of Notification)
    • Budgetary support disbursed from budgetary allocation of DIPP
    • DIPP keeps allocation at disposal of PAO, CBEC
  • Payment Process (Para 8.5)

List of sanctions for payment forwarded by:

    • Authorized officer of jurisdictional Commissionerate of Central Tax
    • Through ACES-GST portal to e-PAO, CBEC
    • Based on amount sanctioned by jurisdictional Deputy/Assistant Commissioner
  • Direct Transfer

Sanctioned amount disbursed:

    • Directly into bank accounts of eligible units
    • Through PFMS platform (Public Financial Management System)

Help Desk Support (Para 7 of Circular)

In case of operational difficulty or IT related glitches in registration:

CBIC Mitra Help Desk:

  • Toll-Free: 18001200232
  • Email: cbecmitra.helpdesk@icegate.gov.in

Mandatory Documents (Para 5.7 of Notification)

Manufacturer applying for benefit for first time shall file:

  1. Copy of option filed with jurisdictional Deputy/Assistant Commissioner of Central Excise for availing exemption notification
  2. Document issued by Director of Industries evidencing commencement of commercial production
  3. Copy of last monthly/quarterly return for production and removal under exemption notification
  4. Affidavit-cum-indemnity bond (Annexure A) binding to pay amount repayable

Recovery (Para 9.1)

Amount recovered along with interest @ 15% per annum from date of payment till date of repayment/recovery.

Saving Clause (Para 11 of Notification)

Upon cessation of the Scheme:

    • Unpaid claims shall be settled in accordance with scheme provisions
    • Recovery and dispute resolution mechanisms shall continue to be in force

Penalty & Punishment

Failure to generate Unique ID for Budgetary Support shall lead to non-filing of application to Department of Industrial Promotion and Policy (DIPP) for notified scheme in respective state.

Penalties for Misuse

Grounds (Para 5.5 of Notification)

Unit found on investigation to:

  • Over-state production
  • Make mis-declaration to claim budgetary support
  • Conceal input tax credit
  • Purchase inputs from unregistered suppliers
  • Route third party production
  • Enhance budgetary support through fraudulent activity

Consequences

  • Made ineligible for residual period
  • Liable to recovery of excess budgetary support paid
  • Fraudulent activity may invite denial of benefit ab-initio

 

For more information refer:

Circular: Circular No.1067-6 -2018-CX

Notification: dipp-notification-dt-5-oct-2017-govt-scheme-budgetary-support-under-gst-units-located-jk-hp-uk-ne-sikkim.pdf

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