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Saturday, November 24, 2018

GST Practitioners Examination Rules amended and date and time of Examination

EXAMINATION OF GOODS AND SERVICES TAX PRACTITIONERS


The Goods and Services Tax Act, 2017 came into force with effect from 1.7.2018

https://abhivirthi.blogspot.com/2018/11/gst-practitioners-examination-rules.html


The Central Government has amended Rule 83A of the Central Goods and Services Tax Act, 2017 as shown below:


83A. Examination of Goods and Services Tax Practitioners.- (1) Every person referred to in clause (b) of sub-rule (1) of rule 83 and who is enrolled as a goods and services tax practitioner under sub-rule (2) of the said rule, shall pass an examination as per sub-rule (3) of the said rule.


(2) The National Academy of Customs, Indirect Taxes and Narcotics (hereinafter referred to as “NACIN) shall conduct the examination.


(3) Frequency of examination.- The examination shall be conducted twice in a year as per the schedule of the examination published by NACIN every year on the official websites of the Board, NACIN, common portal, GST Council Secretariat and in the leading English and regional newspapers.


(4) Registration for the examination and payment of fee.- (i) A person who is required to pass the examination shall register online on a website specified by NACIN.
(ii) A person who registers for the examination shall pay examination fee as specified by NACIN, and the amount for the same and the manner of its payment shall be specified by NACIN on the official websites of the Board, NACIN and common portal.


(5) Examination centers.- The examination shall be held across India at the designated centers. The candidate shall be given an option to choose from the list of centers as provided by NACIN at the time of registration.


(6) Period for passing the examination and number of attempts allowed.- (i) A
person enrolled as a goods and services tax practitioner in terms of sub-rule (2) of rule
83 is required to pass the examination within two years of enrolment:
Provided that if a person is enrolled as a goods and services tax practitioner before 1st of July 2018, he shall get one more year to pass the examination:
Provided further that for a goods and services tax practitioner to whom the provisions of clause (b) of sub-rule (1) of rule 83 apply, the period to pass the examination will be as specified in the second proviso of sub-rule (3) of said rule.


(ii) A person required to pass the examination may avail of any number of attempts but these attempts shall be within the period as specified in clause (i).
(iii) A person shall register and pay the requisite fee every time he intends to appear at the examination.
(iv) In case the goods and services tax practitioner having applied for appearing in the examination  is  prevented  from  availing  one  or  more  attempts  due  to unforeseen circumstances such as critical illness, accident or natural calamity, he may make a request in writing to the jurisdictional Commissioner for granting him one additional attempt to pass the examination, within thirty days of conduct of the said examination. NACIN may consider such requests on merits based on recommendations of the jurisdictional Commissioner.


(7) Nature of examination.-The examination shall be a Computer Based Test. It shall have one question paper consisting of Multiple Choice Questions. The pattern and syllabus are specified in Annexure-A.


(8) Qualifying marks.- A person shall be required to secure fifty per cent. of the total marks.


(9) Guidelines for the candidates.- (i) NACIN shall issue examination guidelines covering issues such as procedure of registration, payment of fee, nature of identity documents, provision of admit card, manner of reporting at the examination center, prohibition on possession of certain items in the examination center,   procedure of making representation and the manner of its disposal.
(ii)  Any person who is or has been found to be indulging in unfair means or practices shall be dealt in accordance with the provisions of sub-rule (10). An illustrative list of use of unfair means or practices by a person is as under: -
(a)  obtaining support for his candidature by any means; (b)  impersonating;
(c)  submitting fabricated documents;


(d)  resorting to any unfair means or practices in connection with the examination or in connection with the result of the examination;
(e)  found in possession of any paper, book, note or any other material, the use of which is not permitted in the examination center;
(f)   communicating with others or exchanging calculators, chits, papers etc. (on
which something is written);
(g)  misbehaving in the examination center in any manner;
(h)  tampering with the hardware and/or software deployed; and
(i)   attempting to commit or, as the case may be, to abet in the commission of all or any of the acts specified in the foregoing clauses.

(10) Disqualification of person using unfair means or practice.- If any person is or has been found to be indulging in use of unfair means or practices, NACIN may, after considering his representation, if any, declare him disqualified for the examination.


(11) Declaration of result.- NACIN shall declare the results within one month of the conduct of examination on the official websites of the Board, NACIN,  GST Council Secretariat, common portal and State Tax Department of the respective States or Union territories, if any. The results shall also be communicated to the applicants by e-mail and/or by post.


(12) Handling representations.- A person not satisfied with his result may represent in  writing,  clearly specifying the reasons  therein  to  NACIN or the jurisdictional Commissioner as per the procedure established by NACIN on the official websites of the Board, NACIN and common portal.


(13) Power to relax.- Where the Board or State Tax Commissioner is of the opinion that it is necessary or expedient to do so, it may, on the recommendations of the Council, relax any of the provisions of this rule with respect to any class or category of persons.


Explanation :- For the purposes of this sub-rule, the expressions


(a)  jurisdictional Commissioner” means the Commissioner having jurisdiction over the place declared as address in the application for enrolment as the GST Practitioner in FORM GST PCT-1. It shall refer to the Commissioner of Central Tax if the enrolling authority in FORM GST PCT-1 has been selected as Centre, or the Commissioner of State Tax if the enrolling authority in FORM GST PCT-
1 has been selected as State;
(b)  NACIN  means  as  notified  by  notification  No.  24/2018-Central  Tax,  dated
28.05.2018.

Annexure-A [See sub-rule 7]
Pattern and Syllabus of the Examination




PAPER: GST Law & Procedures:
Time allowed:
2 hours and 30 minutes
Number of Multiple Choice Questions:
100
Language of Questions:
English and Hindi
Maximum marks:
200
Qualifying marks:
100
No negative marking


Syllabus:
1
The Central Goods and Services Tax Act, 2017
2
The Integrated Goods and Services Tax Act, 2017
3
All The State Goods and Services Tax Acts, 2017
4
The Union territory Goods and Services Tax Act, 2017
5
The Goods and Services Tax (Compensation to States) Act, 2017
6
The Central Goods and Services Tax Rules, 2017
7
The Integrated Goods and Services Tax Rules, 2017
8
All The State Goods and Services Tax Rules, 2017
9
Notifications, Circulars and orders issued from time to time under the said Acts and
Rules.”.



The Press Release issued regarding the date of examination and postponement date of examinations are given below for ready reference.:


Examination for confirmation of enrolment of GST Practitioners


GUIDELINES FOR THE CANDIDATES


(Please refer sub-rule (9) of rule 83A of the Central Goods and Services Tax Rules, 2017)


A.        Guidelines for filling up application form:


1.         All GST Practitioners who are eligible to appear in the examination are required to submit online application on the Examination registration portal. Link of the portal shall be provided on official websites of NACIN and CBIC.


2.         Landing page of the portal will display guidelines for filling up the application and also important dates namely- (i) date of commencement of online registration, (ii) last date of submitting application form, (iii) date from when admit card can be downloaded, (iv) date of examination, and (v) date of result declaration.


3.         Candidates are required to login on the portal with the help of GST enrolment number
(login id) and PAN no. (password).


4.         The GST enrolment number has been provided to each eligible candidate by GSTN on his enrolment on the GST portal.


5.         Application form will appear on the screen after a candidate successfully logs in.


6.         Based on the GST enrolment number and PAN number provided by a candidate on the login page, the application form will auto-populate candidate's data already available with the GST Network such as name, address, mobile number, email address etc. This data is the same which was provided by the candidate in Form PCT-01 while applying for enrolment as GST Practitioner on the GST portal.


7.         Hence, in the online application form on this Examination registration portal, a candidate is required to fill in/provide only the following information/documents:


i)   Three choices of test centres (stations) from the drop-down menu,
ii)  Softcopy of passport size photograph (File Type JPG, JPEG, PNG of Size 20 to 60 KB), iii) Softcopy of signatures (File Type JPG, JPEG, PNG of Size 10 to 30 KB), and
iv) Whether the candidate falls under the category person with disability


8.         The candidates will be prompted fill in three choices from a list of test centres (stations). To the extent possible, center will be allocated to a candidate according to the choices indicated by him.


9.         Once a candidate submits completed application form on the registration portal, he will be prompted to pay the examination fee online.


10.       On completion of online fee payment, the candidate will be guided to access ‘Candidate’s Dashboard’ from where the submitted application as well as Admit Card can be downloaded. Score card and Examination Certificate will also be made available for download on the same Dashboard.


11.       A mock test of 15-20 questions will also be available on Candidate’s Dashboard.


B.        Guidelines for appearing in the Examination:


1.         Candidates are advised to report at the Examination Centre one and a half hour before the scheduled examination time. Gate will be closed fifteen minutes before commencement of examination after which no candidate shall be allowed to enter the examination venue.


2.         Entry in the examination hall will be allowed on production of printout of Admit Card and a valid identity document in original {Aadhar, PAN Card, Driving License, EPIC (Electoral Photo ID Card) or Passport}.


3.         PROHIBITED ITEMS, such as watches, books, pens, pencil, paper, chits, magazines, electronic gadgets (mobile phones, Bluetooth devices, head phones, pen/buttonhole cameras, scanner, calculator, storage devices etc.) are STRICTLY NOT ALLOWED in the examination hall.


4.         Each candidate shall be provided with complete examination infrastructure including hardware (a desktop computer) loaded with examination software.


5.         Before the start of the test, a candidate will be required to enter the Roll No. (Roll no. displayed in Admit Card) and password (PAN no.) to start the test.


6.         On designated time, the question paper shall be made available on computer screen of the candidates.


7.         The test will be in Computer Based mode in a secure environment such that while the test is taken, access to all possible web resources i.e. browsing chatting etc. will be blocked from the


computer of the candidates as well as any other computer peripherals such as printers. Similarly, functions like "Copy-Paste" will be disabled in the question paper page appearing in the test.


8.         For answering a question, candidate has to click on the correct / most appropriate option from the given answer choices.


9.         Pen/pencil for rough work will be provided in the examination hall. Rough work needs to be done on the back side of Admit card. No separate rough sheet will be provided to the candidates.


10.       Electronic  watch  (timer)  will  be  available  on  the  computer  screen  allotted  to  the candidates.


11.       It is reiterated that Candidates should not bring Bags and prohibited/valuable items as mentioned above to the examination venue as arrangements for safe custody of such items cannot be assured.


12.       Candidates must not indulge in use of unfair means or practices. An illustrative list of use of unfair means or practices by a person is as below:


a)  Obtaining support for his candidature by any means;
b)  Impersonating;
c)  Submitting fabricated documents;
d)  Resorting to any unfair means or practices in connection with the examination or in connection with the result of the examination;
e)  Found in possession of any paper, book, note or any other material, the use of which is
not permitted in the examination center;
f)   Communicating  with  others  or  exchanging  calculators,  chits,  papers  etc.  (on  which something is written);
g)  Misbehaving in the examination center in any manner;
h)  Tampering with the hardware and/or software deployed; and
i)    Attempting to commit or, as the case may be, to abet in the commission of all or any of the acts specified in the foregoing clauses.


Resorting to unfair means or practices shall be considered as a serious offence. If any candidate is or has been found to be indulging use of unfair means or practices, his candidature will be cancelled and he will be disqualified for the examination.


13.     Candidates shall maintain silence in the examination venue. Any conversation or gesticulating or disturbance or attempt to change seats/admit cards in the Examination Hall shall be deemed as use of unfair means.


14.       Candidates are not allowed to leave the examination hall until completion of the test and handing over the Admit card to the Invigilator.


15.       Candidates are not allowed under any circumstances to go out of the hall in the first thirty minutes even on completion/submission of the paper.


16.       The question papers shall be in English and in Hindi. In case of any discrepancy, English version will prevail.


17.       Smoking and eating are strictly prohibited in the examination hall.


C.        Guidelines for post-examination representation and its disposal:


1.         Any candidate, not satisfied with his result may send a representation to Assistant / Deputy Director (Examination), National Academy of Customs, Indirect Taxes and Narcotics, NACIN Complex, Sector-29, Faridabad-121008, clearly specifying the reasons of representation, within seven days of declaration of results on NACIN website.


2.         If the representation requires re-evaluation, it shall be entertained only in cases where a candidate has failed the examination. In such a case, the representation shall be sent along with re-evaluation fee in the form of a Demand draft of Rs. 200/- in favour of PAO, CBEC, payable at New Delhi.


3.         NACIN shall inform result of representation to the candidate, preferably within one month of receipt of the representation.



*****



PRESS RELEASE




November 1st, 2018


EXAMINATION FOR CONFIRMATION OF ENROLLMENT OF GST PRACTITIONERS

The National Academy of Customs, Indirect Taxes and Narcotics (NACIN) has been authorized to conduct  an  examination  for  confirmation  of  enrollment  of  Goods  and  Services  Tax  Practitioners (GSTPs) in terms of the sub-rule (3) of Rule 83 of the Central Goods and Services Tax Rules, 2017, vide Notification No. 24/2018-Central Tax dated 28.5.2018.

The GSTPs enrolled on the GST Network under sub-rule (2) of Rule 83 and covered by clause (b) of sub-rule (1) of Rule 83, i.e. those meeting the eligibility criteria of having enrolled as sales tax practitioners or tax return preparer under the existing law for a period not less than five years, are required to pass the said examination before 31.12.2018 in terms of second proviso to Rule 83(3). The first examination for such GSTPs has already been conducted on 31.10.2018. The next examination for them shall be conducted on 7.12.2018 from 1100hrs to 1330 hrs at designated examination centres across India.

It will be a Computer Based Exam. The registration for the exam can be done by the eligible GSTPs  on a registration portal, link of which  will be  provided on NACIN and CBIC websites. The registration portal  for exam scheduled on 7.12.2018 will be activated on 16th November, 2018 and will remain open up to 25rNovember 2018. For convenience of candidates, a help desk will also be set up, details of which will be made available on the registration portal. The applicants are required to make online payment of examination fee of Rs. 500/- at the time of registration for this exam.

Pattern and Syllabus of the Examination


PAPER: GST Law & Procedures:


Time allowed: 2 hours and 30 minutes
Number of Multiple Choice Questions: 100
Language of Questions: English and Hindi
Maximum marks: 200
Qualifying marks: 100
No negative marking


Syllabus:
1.   Central Goods and Services Tax Act, 2017
2.   Integrated Goods and Services Tax Act, 2017
3.   State Goods and Services Tax Acts, 2017
4.   Union Territory Goods and Services Tax Act, 2017
5.   Goods and Services Tax (Compensation to States) Act, 2017
6.   Central Goods and Services Tax Rules, 2017
7.   Integrated Goods and Services Tax Rules, 2017
8.   All State Goods and Services Tax Rules, 2017
9.   Notifications, Circulars and orders issued from time to time


Note: As GST Law and Procedures are still evolving, the various items of the above syllabus will be considered as on 1.9.2018 for the purpose of this examination.

****

 PRESS RELEASE




November 19th, 2018



EXAMINATION FOR CONFIRMATION OF ENROLLMENT OF GST PRACTITIONERS

Reference is invited to Press Release dated 1.11.2018 regarding exam for GST Practitioners scheduled on 7.12.2018. On account of Assembly Elections in some of the states on 7.12.2018, the date of the examination stands revised to 17.12.2018 (17th December 2018)

ELIGIBILITY OF CANDIDATES


PRESS RELEASE DATED 29.11.2018



EXAMINATION FOR CONFIRMATION OF ENROLLMENT OF GST PRACTITIONERS

Reference is invited to Press Release dated 1.11.2018 and 19.11.2018 regarding exam for GST Practitioners (GSTPs) scheduled on 17.12.2018. For this exam, only those GSTPs of the relevant category were invited to register on examination portal whose enrolment on GST Network was approved as on 15.11.2018. Now the GSTPs in the relevant category, who are enrolled on GSTN after 15.11.2018 and till 26.11.2018, are also invited to register on the portal. The portal is open for registration upto 5.12.2018.


PRESS RELEASE DATED 4.12.2018

EXAMINATION FOR CONFIRMATION OENROLLMENT OGST PRACTITIONERS

Reference is invited to Press Releases dated 1.11.2018 and 29.11.2018 regarding exam to be conducted on 17.12.2018 for GST Practitioners (GSTPs) covered under clause (b) of sub-rule (1) of Rule 83 oCGST Rules 2017i.e. those enrolled as a sales tax practitioners or tax return preparer under the existing law for a period not less than five years, and enrolled under sub-rule (2) of Rule 83 of the said Rules. Fothe said examination, candidates enrolled up-to 4.12.2018 (11.59.59 PM) will be eligible to registerinstead of 26.11.2018, notified earlier. The registration window will also remain open till 7.12.1(11.59.59PM)instead of 5.12.18 (11.59.59PM) notified earlier.

2.          Further, if there are any candidates who get enrolled from 5.12.18 to 16.12.18 in the relevant category, they will also be allowed to register and appear in examination on provisional basis. Such candidates will have tmake a request to NACIN for provisional registration at  email gstp.nacin@gmail.com. Such candidates will be required to appear at the test centres as allotted by NACIN. The registration fee paid by such candidates  shall be non refundable, irrespective of their eligibility.




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