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Para 6.6 - GST Compliance | KartavyaDesk

Non-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. h) In their bids, the bidders shall indicate the details of their GST Jurisdictional Assessing Officers (Designation, address, email ID). In case of a contract award, the Purchaser shall immediately forward a copy of the LOA/Purchase Order to the Jurisdictional Assessing Officer mentioned in the bidder’s bid. i) The Procuring Entity's state-wise GSTINs shall be indicated in Tender Documents.

What This Means

Para 6.6 of the Manual for Procurement of Non-Consultancy Services focuses on ensuring that all bidders are compliant with the Goods and Services Tax (GST) regulations. This rule applies to all procurement processes where the government is buying services that are not consultancy-related. It affects all businesses that want to bid for government contracts, requiring them to be registered under GST (unless specifically exempted) and to accurately reflect GST in their bids. The goal is to ensure transparency and compliance with tax laws in government procurement.

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 rules.
  • GST registration is mandatory unless specifically exempted; GSTIN must be provided.
  • Bidders must declare if they are under the composition scheme.
  • Exemption from GST registration requires a certificate from a CA/Cost Accountant with UDIN.
  • Bidders should consider input tax credit benefits while quoting prices.

Practical Example

The Ministry of Rural Development is procuring housekeeping services for its offices. Three companies, 'CleanSweep Solutions', 'Sparkling Services', and 'DustFree Inc.', submit bids. CleanSweep Solutions is GST registered and includes the applicable GST rate of 18% in their bid, providing their GSTIN. Sparkling Services, with a turnover below the GST threshold, claims exemption and submits a certificate from a Chartered Accountant with a valid UDIN. DustFree Inc. fails to mention their GST status. The Ministry evaluates the bids, considering the GST implications. CleanSweep's bid is evaluated with the GST included, while Sparkling Services' bid is loaded with the GST amount that the Ministry would have to pay under Reverse Charge Mechanism. DustFree Inc.'s bid is rejected due to non-compliance with GST requirements.

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 is exempt from GST registration?
If a bidder is exempt from GST registration (e.g., due to low turnover), they must provide an undertaking/indemnification and a certificate from a practicing Chartered Accountant/Cost Accountant with UDIN confirming their exemption.
What is the significance of the Unique Document Identification Number (UDIN)?
The UDIN is a unique number generated by the Institute of Chartered Accountants of India (ICAI) for every document certified by a CA. It ensures the authenticity of the certificate submitted by the bidder claiming GST exemption.
What is Reverse Charge Mechanism (RCM) and how does it apply here?
Reverse Charge Mechanism (RCM) means the recipient of goods or services (in this case, the government) is liable to pay GST instead of the supplier. If a bidder is exempt from GST, the government will pay the GST directly to the authorities under RCM.
Why is it important for bidders to consider input tax credit?
Input Tax Credit (ITC) allows businesses to reduce their GST liability by claiming credit for the GST they've already paid on their inputs. Bidders should factor in the benefits of ITC when quoting prices to offer competitive bids.
What information about GST Jurisdictional Assessing Officers is required?
Bidders must provide the designation, address, and email ID of their GST Jurisdictional Assessing Officers in their bids. This allows the procuring entity to inform the officer about the contract award.

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 Non-Consultancy Services, what documentation must a bidder furnish in their offer to demonstrate GST compliance, assuming they are not specifically exempted from registration?

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