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Para 6.6 - GST Compliance | KartavyaDesk

Consultancy Manual

Original Rule Text

a) All the bidders/ Bidders should ensure that they are GST compliant and that their quoted tax structure/ rates are as per the GST Act/ Rules. b) Bidder should be registered under GST and furnish their GSTIN number and GST Registration Certificate in their offer unless they are specifically exempted from registration under a specific notification/ circular/ section/ rule issued by statutory authorities. c) If the bidder has multiple business verticals in a state and has separate registrations for each vertical, the GSTIN of each vertical concerned with the supply and service involved, as per the scope of the Schedule of Requirements and Price Schedule shall be quoted. d) If the supply/ service is from multiple states, the bidder should mention GST registration numbers for each state separately. e) Composition scheme: If the Bidder has opted for a composition levy under Section 10 of CGST, he should declare the fact while bidding along with GSTIN and GST registration certificate. f) Exemption from Registration: If a bidder is not liable to take GST registration, i.e., having turnover below threshold, he shall submit undertaking/ indemnification against tax liability. The bidder claiming exemption in this respect shall submit a valid certificate from a practising Chartered Accountant (CA)/ Cost Accountant with the Unique Document Identification Number (UDIN) to the effect that the bidder fulfils all conditions prescribed in notification exempting him from registration. Such bidder/ dealer shall not charge any GST and/ or GST Cess in the bill/ invoice. In such case, applicable GST shall be deposited under Reverse Charge Mechanism (RCM) or otherwise as per GST Act by the Procuring Entity directly to concerned authorities. Bidder should note that his offer would be loaded with the payable GST under the RCM. Further, the bidder should notify and submit to the Procuring Entity within 15 days of becoming liable for registration under GST. g) Bidders must also consider the benefits of input tax credit under the GST legislations, as amended from time to time, on Input goods/Capital goods / Input Services while quoting the prices.

What This Means

Para 6.6 of the Manual for Procurement of Consultancy Services focuses on ensuring that all bidders are compliant with the Goods and Services Tax (GST) regulations. This means that when a government department is hiring a consultant, the consultant must follow all GST rules. The rule applies to all bidders participating in the procurement process for consultancy services. It affects both the government department doing the hiring and the consulting firms bidding for the project, ensuring transparency and proper tax handling.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • Bidders must be GST compliant and quote tax rates according to GST laws.
  • Bidders must provide their GSTIN and registration certificate unless specifically exempted.
  • If a bidder has multiple business verticals with separate GST registrations, they must quote the relevant GSTIN for each.
  • Bidders must declare if they have opted for the composition scheme under GST.
  • Bidders should consider input tax credit benefits when quoting prices.

Practical Example

The Ministry of Skill Development and Entrepreneurship is seeking a consultant to develop a new training program. Three firms bid for the project: 'SkillUp Solutions,' 'EduTech Innovations,' and 'LearnWell Consultants.' SkillUp Solutions, registered in Delhi, quotes a price including GST at 18%. EduTech Innovations, with offices in Delhi and Mumbai, provides separate GSTINs for each state and quotes prices accordingly. LearnWell Consultants, with a turnover below the GST threshold, submits a certificate from their CA with a UDIN, stating their exemption and an undertaking against tax liability. The Ministry, under Para 6.6, verifies that all firms have correctly followed GST rules and considers the impact of GST on the total cost of each bid, including potential reverse charge implications for LearnWell.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What happens if a bidder doesn't have a GST registration?
If the bidder's turnover is below the GST threshold, they can provide a certificate from a Chartered Accountant (CA) or Cost Accountant with a UDIN, confirming their exemption and an undertaking against tax liability. The procuring entity will then handle GST under the Reverse Charge Mechanism (RCM).
Do I need to provide GSTINs for all my business locations?
If you have multiple business verticals in different states, you must provide the GSTIN for each state from which the supply/service is being provided.
What is the 'composition scheme' and how does it affect bidding?
The composition scheme is an alternative method of paying GST for small businesses. If you've opted for it, you must declare this fact while bidding, along with your GSTIN and registration certificate.
What is Reverse Charge Mechanism (RCM)?
Reverse Charge Mechanism is where the recipient of goods or services (in this case, the government department) is liable to pay GST instead of the supplier (the consultant).

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to Para 6.6 of the Manual for Procurement of Consultancy Services, what documentation must a bidder provide to demonstrate GST compliance, unless specifically exempted?

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