Mining

1: Can small mining leaseholders with a turnover less than Rs.75 lacs operate under composition scheme?

Answer: As per Sec. 10(1) of the CGST Act, 2017, a
registered person whose aggregate turnover in the
preceding FY did not exceed Rs.75 lakhs, would be eligible
for paying GST under the composition scheme.

2: What is the GST rate for minerals and ores in Composition Scheme?

Answer: In a case where the process amounts to
manufacture, the rate of tax will be 1% (CGST) and 1%
(SGST/UTGST). In any other case, the rate will be ½%
(CGST) and ½% (SGST/UTGST).

3: Will they have to deposit GST under SGST/ CGST heads separately?

Answer: Yes. GST has to be paid separately under CGST
and SGST/UTGST by generating a single challan through
the common portal under a single return.

4: Can a small Mine Lease holder undertake inter-State supply if it avails composition scheme?

Answer: No. If a supplier chooses to avail of composition
scheme, he shall not undertake inter-State supply.

5: What is the IGST rate for minerals and ores in case of inter – State supply?

Answer: At present, the IGST rate is the sum of CGST
and SGST/ UTGST rate. These rates have been notified
and are available in public domain.

6: Can the buyer get input credit on the supply of minerals from a mine owner in composition scheme?

Answer: No,the buyer cannot avail of the credit of
tax paid by the supplier who is under the composition
scheme as the person paying tax under composition
scheme cannot issue a tax invoice and collect taxes on his
supplies.

7: Will the recipient have to pay tax under reverse charge?

Answer: GST on reverse charge mechanism is payable
under section 9(4) of the CGST Act, 2017 only in case
of purchases from unregistered suppliers. As the mine
owner who is paying tax under composition scheme is
registered, the recipients need not pay GST on reverse
charge mechanism.

8: What is the threshold limit and conditions when a small mine owner/lease holder under Composition Scheme has to migrate into full GST System?

Answer: As per section 10(3) of the CGST Act, 2017,
the option availed of by the small mine owner/lease
holder shall lapse with effect from the day on which his
aggregate turnover during a financial year exceeds Rs. 75
lakhs. For details regarding other conditions, section 10 of the CGST Act,
2017 and the rules framed there under may be referred to.

9: Is the Return filing and compliance simpler under composition scheme?

Answer: Yes, Return filing and compliance is simpler
under the composition scheme. The registered person
has to file only one return on a quarterly basis in Form
GSTR-4.

10: Will the basic exemption limit from GST be applicable to the tiny & micro segment in mining?

Answer: Yes, the basic exemption limit of Rs. 20 lakhs
(Rs.10 lakhs in the case of special category States) is
applicable to the tiny and micro segment even in mining.
However, a person engaged in making taxable supply and
having aggregate annual turnover (more than Rs.20 lakhs
in any State other than the special category States) would
be liable to obtain registration under GST. The return has
to be filed on monthly basis by regular taxable persons
and on quarterly basis by the taxable persons registered
under the composition scheme. .

11: What is aggregate turnover?

Answer: As per section 2(6) of the CGST Act, 2017,
“aggregate turnover” means the aggregate value of all
taxable supplies (excluding the value of inward supplies
on which tax is payable by a person on reverse charge
basis), exempt supplies, exports of goods or services or
both and inter-State supplies of persons having the same
Permanent Account Number, to be computed on all India
basis but excludes Central tax, State tax, Union territory
tax, integrated tax and compensation cess.

12: Will the buyer of goods from unregistered person pay reverse tax?

Answer: A registered person receiving taxable goods
or services from a supplier who is not registered, would
be liable to pay GST under reverse charge mechanism.
However, in terms of notification no. 8/2017-Central Tax
(rate) dated 28th June, 2017, aggregate value of supplies
of goods and/or service received by a registered person
from any or all the suppliers, who is or are not registered,
upto five thousand rupees in a day is exempt from tax under reverse charge
mechanism. This exemption will not
apply if the value exceeds Rs.5000/-.

13: Can a buyer of goods and services pay the value of services / goods to the supplier and deposit the GST component of the invoice in the supplier’s account so that when the buyer claims input credit, he may get the same cross entry tallied from the supplier’s account?

Answer: No. This option is not available under GST Law.

14: In case there are disputes regarding quality, weight, etc. between the buyer and the supplier and the goods are returned fully or partially, as found unfit for use, can the excess paid tax component be adjusted from future tax liability?

Answer: In such cases, the supplier may issue a credit
note to the recipient in accordance with the provisions of
section 34(1) of the CGST Act, 2017.

15: Whether deduction of Liquidity Damage (LD)/Penalty deduction from contractor’s bills and charging Penalty for non-lifting of coal till targeted minimum level to Annual Contractual Quantity (ACQ) will attract GST?

Answer: Yes, it is a service being “tolerating an act” as per
Schedule II of the CGST Act, 2017 thus GST shall apply.

16: Will GST be payable at the time of raising an invoice for supply of goods from a mining lease holder or it will be applicable on the amount of advance received by the mining company for booking the order?

Answer: No. As per the provisions of section 12(2) of the CGST Act,
2017 the time of supply of goods shall be the
date of issue of invoice or the date of receipt of payment,
whichever is earlier. Accordingly, GST would be payable on
advance payment received prior to issuance of the invoice.

17: Will the supplier have to issue “receipt voucher” against each advance received?

Answer: Yes, as per section 31(3)(d) of the CGST Act, 2017
the supplier has to issue a “receipt voucher” for every
advance received.

18: How do I show the advance received in GSTR 1?

Answer: Where against an advance the invoice is issued
in the same tax period, the advance need not be shown
separately in Form GSTR-1 but the specified details of
invoice itself can be directly uploaded on the system.
Details of all advances against which the invoices have
not been issued till the end of the tax period shall have
to be reported on a consolidated basis in Table 11 of Form
GSTR-1. As and when the invoices against these advances
are issued, they have to be declared in Form GSTR-1 and
the adjustment of the tax paid on advances against the
tax payable on the invoices uploaded in Form GSTR-1 shall
have to be done in Table 11 of Form GSTR-1.

19: In case no supplies are made against an advance, will the dealer have to issue a “refund voucher” only for the advance or for advance including GST?

Answer: Refund voucher has to be made for the full
value of advance, including the amount of GST.

Answer: Under GST gross amount of advance is to be
reported and tax has to be paid. Advance can be adjusted
in totality. While raising the invoice subsequent to receipt
of advance, the tax payable will get reduced by the amount
of tax paid on the advance and balance amount of advance
may be adjusted against future supplies.

21: Will GST charged on purchase of all earth moving machinery including JCB, tippers, dumpers by a mining company be allowed as input credit?

Answer: The provision of Sec. 17(5) (a) of the CGST Act, 2017
restricts credit on motor vehicle for specified purposes
listed therein. Further, in terms of the provision of Section 2(76) of the
CGST Act, 2017 the expression ‘motor vehicle’
shall have the same meaning as assigned to it in Clause (28)
of Section 2 of the Motor Vehicle Act, 1988, which does not
include the mining equipment, viz., tippers, dumpers. Thus,
as per present provisions, the GST charged on purchase of
earth moving machinery including tippers, dumpers used
for transportation of goods by a mining company will be
allowed as input credit.

22: Whether GST is payable on royalty (to be paid to Government)for Mining Lease granted by State Govt.

Answer: Yes, on royalty GST will apply under reverse
charge mechanism. Further, such payment of GST under
reverse charge mechanism would be eligible as ITC in the
hands of the recipient of supply for payment of GST.

23: Is ITC available on hiring of immovable properties (land, office, warehouse, processing unit, stock yards) for facilitation of mining operations?

Answer: Yes. GST paid on hiring of land, office,
warehouse, processing unit, stock yards when these
are used in the course or furtherance of business,
would be allowed as ITC.

24: What is the time limit for availing input credit under GST?

Answer: As per provisions of Section 16(4) of the CGST
Act, 2017 the ITC is not available after the due date
of furnishing the return for the month of September
of the next year or furnishing of the annual return,
whichever is earlier.

25. Would the net outstanding amount of unutilised input credit be refunded by the Government?

Answer: In terms of the provision of Section 54(3) of the CGST Act,
2017 subject to conditions, refund of unutilized
input tax credit would be available in respect of zero
rated supply or where ITC has accumulated on account of
rate of tax on inputs being higher than the rate of taxon
the output supply. However, such refund of ITC would
not be available if export duty is payable on the goods so
exported out of India.

26. Will GST charged by tax consultants, advocates, Chartered Accountants, environmental consultants, canteen service providers and other service providers to mining companies be allowed as input credit?

Answer: ITC on any input service/ inputs used in the course
or furtherance of business would be available subject to
restrictions and other conditions as per the provisions
of Chapter-V of the CGST Act, 2017. However, tax paid in
respect of canteen service providers shall not be available
as credit.

27. Whether free issue of coal to employees paid in course of employment and on the basis of wage agreement with value below Rs. 50,000/- per employee will attract GST?

Answer: Gifts not exceeding fifty thousand rupees in value
in a financial year by an employer to an employee shall not
be treated as supply of goods or services or both (as per
Schedule 1 of the CGST Act, 2017). Free issue of coal based
on the wage agreement is not a gift. Therefore, free issue
of coal in this case will attract GST.

28. Can GST charged as per transport bilti on movement of mineral from mine to the buyer be allowed as ITC to the buyer irrespective of the ownership of the transporting vehicle?

Answer: In case of an FOR contract for supply of mineral
from the mine to the buyer, it is a composite supply where
the consideration will be inclusive of the transportation
cost. Therefore, GST on forward charge will be payable by
the supplier of the mineral and credit will be available to the
buyer if otherwise available. The supplier of the mineral will
also pay tax on reverse charge basis on the freight charged
by the GTA and the credit of the same will be available to
the supplier of the mineral.

In case of an ex-works contract of supply, where the GTA
service has been booked by the supplier at the instance of
the buyer and the service is billed by the GTA to the buyer
and the minerals are billed by the supplier of the mineral
to the buyer, then GTA on reverse charge shall be paid by
the buyer who shall be entitled to take credit of the same.
The tax on the mineral will be paid on forward charge by
the supplier of the mineral and credit will be available to
the buyer if otherwise available.

29. Will the situation as mentioned above be different if the value of mineral is less than the cost of freight in long distance consignments?

Answer: In the aforesaid example relating to FOR
contract, the supply under the contract shall be classified
as ‘composite supply’ where there is a principal supply
and other supplies are naturally bundled and supplied
in conjunction with each other in the ordinary course
of business. The GST rate of principal supply shall be
applicable in this case i.e. GST rate as applicable to the
mineral.

30. Exploration companies undertake exploration activities for preparing mining blocks for auction in different States in the country. They use rigs for exploration. CENVAT credit was available on rig operations under the existing law. Will the company be eligible to take ITC under GST?

Answer: Rigs, capitalized in the books of accounts as
capital goods are used in the course or furtherance of
business. Hence, it will be eligible as capital goods and ITC
will be available under GST.

Answer: Yes, ITC on expenses incurred in the course or
furtherance of business shall be available.

32. Will the mining companies be eligible to take ITC for construction of townships, hospitals and schools?

Answer: No. Mining companies will not be eligible for ITC
on such activities even if used in course or furtherance of
business. In this connection, the provisions contained in
section 17(5) (c) of the CGST Act, 2017 refer.

33. Are minerals sent for export in processed or raw form fully exempted from payment of GST or IGST?

Answer: In terms of the provision of Section 16(1) of the
IGST Act, 2017 export of goods is considered as zero rated
supply. Further, in terms of the provision of Section 16(3)
of the IGST Act, 2017 a registered person may export
goods (i) without payment of IGST against bond/letter of
undertaking and claim refund of unutilised ITC, or (ii) on
payment of IGST,utilising eligible ITC and claim refund of
such IGST.

34. What is the procedure for return of goods under GST?

Answer: In terms of Section 34(1) of the CGST Act, 2017
in case of return of goods on which GST was paid at the
time of supply, the supplier of such goods may issue a
credit note for the full value, including the amount of GST
in favour of the recipient, and will be entitled to reduce
his output tax liability subject to the condition that the
recipient of such supply has not availed credit of such GST
and if availed, has reversed his ITC on the same.

35. How can we take support during filing of returns, as huge mines are located throughout the districts in the country, especially in rural and backward areas, and the problem will be aggravated as the huge number of mines are operating without any IT infrastructure?

Answer: Returns may be filed from the central office
of the Company which are usually located in areas with
infrastructure required for filing such returns.

36. Whether GST TDS will be applicable on Works Contract Jobs (to be renamed as Supply of Services) in case of PSUs, since such GST TDS U/s 51 (1) of CGST Act. 2017 is applicable on: a) Dept. or establishment of the Central Govt. or State Govt.; or b) Local authority; or c) Govt. agencies; or d) Such persons or category of persons as may be notified by the Govt. on the recommendations of the Council.

Answer: TDS, under section 51 (1) of the CGST Act, 2017
will apply to supplies made to such agencies as may be
mandated by the Government for TDS. As of now, this
section has not been notified and therefore TDS is not
applicable on any supplies.

37. What is the requirement for E-way bill for companies operating in the sector?

Answer: As per rule 138 of the CGST Rules, 2017, till such
time as final rules are issued, the Government may, by
notification, specify the documents that the person in-charge
of a conveyance shall carry while the goods are
in movement or in transit storage. As and when the new
e-way bill rules are notified, the person transporting the
goods shall carry the said e-way bill generated from the
common portal along with the invoice (challan in the case
of movement other than by way of supply).

38. Whether an Input Service Distributer (ISD) will be eligible to distribute the ITC in respect of services received during April 17 to June 17 even if the invoices are raised and submitted by contractors after appointed date i.e. in July 17.

Answer: In terms of section 140(7) of the CGST Act, 2017
the ISD will be able to distribute the available credit even
if the invoices are received after the appointed day.

39. In Table 5(b) of GST-TRAN-1, the details of Form C, F and H/I are to be given for the period April 15 to June 17 (i.e. for 27 months) which would be a voluminous task. Reasons of furnishing the details for last 27 months may please be clarified?

Answer: In cases where sales were covered by Forms C,
F,H and I, the input tax credit has remained in the account
of the taxpayer because the taxpayer has availed of the
benefit of concessional rate/nil rate of tax on the sale/
stock transfer under CST Act. The benefit of concessional
rate/nil rate is available conditional upon production of
the statutory forms. Therefore,allowing migration of the
credit that has accrued on account of sale/stock transfer
having been made on concessional rate/nil rate should
be given only on production of the statutory forms. Even
otherwise, the taxpayer would have claimed refund of
this ITC and such refund would have been given only on
production of the statutory forms. It has been presumed
that forms for periods before April ‘15 would have either
been presented or the State would have recovered the
additional tax payable on account of non-production of
statutory forms. Production of these forms is a statutory
liability and the taxpayers have already availed the
benefit.

40. Education Cess and S&H Education Cess carried forward in ER-1 – whether eligible for ITC under the CGST Act, 2017?

Answer: No. Credit of Education Cess and SH Education
Cess cannot be carried forward.

41. What will happen to the balance available in the current account (PLA) under Central excise, deposited in cash in advance by any assesse?

Answer: Balance in PLA will not be under transition to GST
since that has not been appropriated to the Government
account which will be determined post completion of the
pending assessment. The same can be claimed as refund
under the Central Excise Law.

42. Whether credit of Green Cess (Clean Energy Cess) paid on coal and available at the time of transition be eligible for being carried over?

Answer: No. Credit of Clean Energy Cess cannot be carried
forward on transition.

43. Whether stock held by mining companies on which Clean Energy Cess has been paid be chargeable to compensation cess in GST regime?

Answer: Yes.Compensation cess will be charged on supply
of such stock.

44. Can supplies of coal under a particular order or under FSA (Fuel Supply Agreement) be eligible under the definition of ‘continuous supply of goods?

Answer: Such supplies are in the nature of continuous
supply as the invoices are raised periodically. The individual
dispatches may be covered under delivery challans and
invoice may be issued for the supplies made during a period
as per the contract.

45. In case of coal, the applicable Compensation Cess is a Fixed Amount of Rs.400/- per MT. Under above situation, how such apportionment is possible since in case of FSA Sale, supply of different grade of coal as per availability of stock against single bulk receipt of “Advance” is to be adjusted?

Answer: If tax rate is not determinable, the tax rate may
be determined and paid on the amount of advance at 18%.

46. Whether Railway siding in mining industry exclusively utilized for effecting dispatch of taxable goods vz. coal (i.e. directly used in the course or furtherance of business) will be treated as Plant and Machinery and ITC under GST will be allowed or treated as civil structure and ITC will be denied?

Answer: ITC will not be available as railway siding is not
plant and machinery as defined in section 17 of the CGST
Act, 2017.

47. According to HSN Code 2516 calcareous building stone comes under 5% tax rate, but simultaneously under HSN Code 6802 it comes under 28% tax rate. Clarity on the same may be provided by the Government

Answer: Chapter 68 covers value added articles of
sandstone etc. which are further worked other than by
way of roughly trimmed or merely cut into blocks or slabs.

48. Whether supply of HSD free of cost for mining operation would attract GST and whether the input tax credit would be available for GST so charged by the Service provider?

Answer: HSD is outside GST and therefore, input tax
credit would not be admissible.

49: Will ITC be available on steel, timber and sometimes cement which are used in the underground mines to provide a protective device for security purpose?

Answer: Credit will not be available if these goods are
supplied for construction of an immovable property. But
if these are temporarily placed for protective purposes,
credit will be available.

50: As per Section 54 (3), it is clear that no refund of ITC will be available for export in the cases where product is subject to export duty. Iron Ore export is subjected to export duty. In the earlier regime, the exporters were allowed to take refund of service tax paid on exports. Will not our exports become uncompetitive as no refund of ITC will be available?

Answer: The refund of ITC credit is not admissible in
view of the second proviso to section 54(3) of the CGST
Act, 2017.

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