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Showing posts from July, 2020

CBIC to dispose of Pending Registration Applications filed during Covid-19 Period

The Central Board of Indirect Taxes & Customs (CBIC) has notified vide instruction no.CBEC-20/06/11/2020-GST dated 17th July 2020 to dispose of all pending applications of Registration on or before 30th July 2020 as a "special drive". Sub-Section 10 of Section 25 of CGST Act, 2017 read with Rule 9 of CGST Rules, 2017 provides that Application of Registration shall be deemed as approved after a period of three working days if the proper officer fails to take any action on the said application within the said period of three working days. Strong apprehensions were raised on the possible misuse of the deeming provision during the COVID lockdown period, where either the central/state tax offices were closed or were functioning with skeletal staff. Since lockdown applied across all establishments including those belonging to the Governments (Central and State), during the lockdown period there being no "working days", it had been decided that the approval of the ap...

GSTN Portal enables facility of filing GSTR-4 Annual Return for Composition Taxpayers

The Goods & Services Tax Network(GSTN) Portal has now enabled facility of filing GSTR-4 Annual Return by Composition Taxpayers. What is GSTR-4 (Annual Return)? GSTR-4 is an Annual Return which is required to be filed by Taxpayers who have opted for Composition Scheme. Such Taxpayers are required to file Annual Return under form GSTR-4 from FY:2019-20. How is it different from GSTR-4 Quarterly Return? Form GSTR-4 Quarterly Return was applicable up to the Tax Period ending on 31st March 2019, for composition taxpayers. Earlier, For Tax Periods up to 31st March 2019, Composition Taxpayers were required to file Form GSTR-4 Quarterly Return. From 1st April 2019, Composition Taxpayers are now required to file Form CMP-08 on a quarterly basis, Due Date of Filing GSTR-4 (Annual Return) The Due Date for Filing of GSTR-4 Annual Return is 30th April 2020 as prescribed by CBIC vide Notification No.21/2019-CT dated 23rd April 20. However, CBIC had not enabled the facility to file GSTR-4 on GST...

A Comprehensive Updated GST Compliance Chart

The Central Board of Indirect Taxes & Customs (CBIC) as part of the Government of India's (GOI) Covid-19 relief measures brought in a number of notifications to ease out the Compliance burden on the Taxpayers in the Current times of Pandemic. With Business Activities disrupted due to Several Lockdowns imposed as part of tackling the Coronavirus Crises, These measures were announced to offer some respite to Taxpayers as they adjust to the new normal of Working from Home and other social distancing measures. Several Notifications were issued in this regard and few more expected in the coming times. These notifications primarily aim at extending the timelines of compliances so that businesses can accomplish their compliances without any penal provisions enforced upon them. CBIC has extended timelines for Compliances such as filing of Details of Outward Supplies reported under Section 37 in form GSTR-1 , Return of Inward and Outward Supplies, Input Tax Credit availed, tax payable a...

Ministry of Finance issues instructions for Payment of GST by Real Estate Promoters/Developers

Ministry of Finance(MoF) vide Instruction No.3/2/2020-GST  dated 24th June 2020 clarified the Subject Matter of "Payment of GST by Real Estate Promoter/Developer supplying construction of residential apartment etc, on the shortfall value of inward supplies from registered supplier at the end of the financial year" . To get a grasp of the whole matter, let us rewind back and understand an early Notification , wherein the Central Board of Indirect Taxes & Customs (CBIC) prescribed in one of the conditions of notification that w.e.f 1 April 2019, At least Eighty Percent of the value of inputs and input services(other than services by way of grant of development rights, long term lease of land or Floor Space Index, electricity, high-speed diesel, motor spirit, natural gas), used in supplying of construction service, shall be received by the promoter/developer from registered supplier only. In the case of the shortfall from the said threshold of 80 per cent, the promoter/devel...

CBIC waives off late fees for delay in furnishing of GSTR-1 for certain months

The Central Board of Indirect Taxes & Customs (CBIC) waived off late fees payable under Section 47 of CGST Act,2017 for the delay in furnishing of Form GSTR-1 i.e. Details of Outward Supplies under Section 37 of CGST Act,2017 for the period March 2020 to June 2020. CBIC in its Notification no.53/2020-CT dated 24th June 2020 prescribed that the amount of late fee payable under Section 47 of CGST Act,2017 shall stand waived for registered persons who fail to furnish the details of outward supplies in Form GSTR-1 by the due date but files his return on or before the dates mentioned in the table below. For Taxpayers required to furnish GSTR-1 on a monthly basis: For Taxpayers required to furnish GSTR-1 on a quarterly basis: This Notification amends the earlier Notification issued on 3rd April 2020 wherein late fee was waived for the period March 2020 to May 2020 if GSTR-1 was filed till 30th June 2020.Issuance of the above notification scraps off the earlier notification. Earlier on ...

CBIC enables furnishing of Returns through SMS facility

The Central Board of Indirect Taxes & Customs (CBIC) vide its Notification no.58/2020-CT dated 1st July 2020 has enabled to file returns under form GSTR-1 and GSTR-3B through Short Messaging Service (SMS) facility. CBIC has substituted Rule 67A of CGST Rules, 2017 namely “67A. Manner of furnishing of return or details of outward supplies by short messaging service facility."  which prescribes that A Registered Person who is required to furnish a "Nil Return" under Section 39 in Form GSTR-3B or a "Nil details of Outward Supplies" under Section 37 in Form GSTR-1 through an SMS using the registered mobile number and such return shall be verified by the registered mobile number through One Time Password (OTP) facility. Earlier, CBIC had allowed the filing of "Nil" GSTR-3B through SMS facility. This Notification amends the CGST Rules, 2017 by bringing in the Eighth Amendment and shall come in force from 1st July 2020. With this Amendment, filing of ...

CBIC extends the Due Date of GSTR-4 for Composition Taxpayers

The Central Board of Indirect Taxes & Customs (CBIC) has extended the due date for filing of GSTR-4 required to be filed by registered persons opting for composition scheme under GST vide its Notification no.59/2020-Central Tax dated 13th July 2020  for FY:2019-20. This Notification seeks to amend the Notification No.21/2019-CT dated 23rd April 2020 by substituting the due date from 15th July 2020 to 31st August 2020. A Taxpayer opting for Composition Scheme under GST is required to file GSTR-4 for a financial year on or before 30th April following the end of such financial year. Such Taxpayers are required to furnish only 1 return i.e. GSTR-4.  Such Taxpayers are also required to pay self-assessed tax under Form CMP-08 for every quarter or part thereof as the case may be till 18th of the month succeeding such quarter which. This form has in turn replaced GSTR-4 from FY:2019-20 (which was required to be file every quarter earlier) to make the tax compliance for Compositio...

CBIC Extends Return Filing Date for Small Taxpayers for August 2020

The Central Board of Indirect Taxes & Customs(CBIC) has extended the due date for filing of Return under Form GSTR-3B for Taxpayers having turnover up to Rs.5 Crores for the month of August 2020 vide it Notification no.54/2020-CT dated 24th June 2020. Earlier CBIC had waived off/lowered interest rates for taxpayers having turnover up to Rs.5 Crores for the period February to July 2020 as part of Covid-19 relief measures. Now, CBIC has gone a step ahead and has prescribed a revised due date for Taxpayers having Turnover in previous FY up to Rs.5 Crores depending upon their place of registered business. For Taxpayers having turnover up to Rs.5 Crores in previous F.Y. having registered place of business in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep, shall furnish return under Fo...

Ministry of Finance issues Clarification on the issue of GST Rate on Alcohol-based Hand Sanitizers

Ministry of Finance(MoF) vide its Press Release dated 15th July 2020 issued " Clarification on the issue of GST Rate on Alcohol-based Hand Sanitizers ". This Clarification seeks to declutter the issues surrounding the Alcohol-Based Hand Sanitizers since many representations were made to MoF seeking exemption from GST for the Hand Sanitizers on account of them being essential goods in the times of Covid-19 Pandemic. This Clarification has finally put to rest the misinformation about the applicability and rate of GST for Hand Sanitizers.A Recent AAR Ruling  issued on 29th June 2020 by Goa Authority for Advance Ruling prescribed a rate of 18% for Alcohol-Based Hand Sanitizers by categorizing them under HSN Code 3808. However, the limitation of the applicability of AAR Ruling still made the issue unresolved within the Industry. Thus, with this clarification, MoF has made it clear that hand sanitizers shall attract the rate of 18% under GST. It also clarified that Inputs for manu...

CBIC lowers Interest Rates on delay in filing of Form GSTR-3B

The Central Board of Indirect Taxes (CBIC) vide  Notification No.51/2019-CT  dated 24th June 2020 provided relief to Taxpayers by reducing/waiving off interest for taxpayers.CBIC has categorised the taxpayers according to the revenue generated by them in the previous financial year i.e. FY:2019-20. CBIC has categorised the taxpayers into two categories- Taxpayers with Revenue exceeding Rs.5 Crores in FY:19-20 and Taxpayers with Revenue up to Rs.5 Crores in FY:19-20. Taxpayers having revenue up to Rs.5 Crores have been further categorised depending upon their Registered Place of Business.  Relief has been given accordingly as per the category under Taxpayer falls in the table given below: Note:  If Return in Form GSTR-3B is filed after the extended date prescribed by CBIC in this notification then the interest rate would be applicable under Section 50(1) of CGST Act, 2017 at 18% per annum from the extended date as prescribed by CBIC in this notification. For E.g. , If...

CBIC amends Tax rates for Composition Scheme Taxpayers under GST: A Detailed Analysis

The Central Board of Indirect Taxes & Customs (CBIC) vide its Notification no.50/2020-CT dated 24th June 2020 has amended Central Goods and Services Tax Rules,2017 (CGST Rules) by inserting a new entry for prescribing a new tax rate for category of suppliers who have opted for Composition Scheme under GST. CBIC has amended Rule 7 of CGST Rules, 2017 by inserting a levy of a tax rate of 6% (CGST-3% & SGST-3%)  for levy of composition scheme under Section 10(2A) of CGST Act,2017. What does Rule 7 of CGST Rules,2017 prescribe : The category of registered persons, eligible for composition levy under section 10 and the provisions of this chapter, specified in column(2) of the Table below shall pay tax under section 10 at the rate specified in column (3) of the table mentioned below: SI.No. Category of Registered Persons Rate of Tax (1) (2) (3) 1. Manufacturers, other than manufacturers of such go...

CBIC allows return filing through EVC mode till 30th September 2020

Central Board of Indirect Taxes & Customs ( CBIC ) vide its Notification no.48/2020-Central Tax dated 19th June 2020 has prescribed that a registered person under GST who is registered under Companies Act, 2013 shall be allowed to furnish his return in Form GSTR-3B and GSTR-1 through Electronic Verification Code ( EVC ) Mode. CBIC has amended sub-rule(1) in Rule 26 of Central Goods & Services Tax Rule, 2017 by substituting the second proviso and prescribing that Registered Person under GST having registration under Companies Act,2013 (Section 18 of Companies Act,2013) shall be allowed to furnish return under Section 39 in Form GSTR-3B during the period from 21st April 2020 to 30th September 2020 through EVC Mode. With this Notification, CBIC has also allowed furnishing the details of outward supplies under section 37 in Form GSTR-1 during the period from 27th May 2020 to 30th September 2020 through EVC mode by such registered persons. What is EVC Mode?-Electronic Verification ...

GSTN Portal enables new Tab “Help and Taxpayer Facilities”

Recently, Goods and Services Tax Network (GSTN) has enabled a new Tab “Help and Taxpayer Facilities” on the GSTN portal. Taxpayers can avail the following benefits/services from this Tab: I – Taxpayers Services:- Free Accounting and Billing Services: List and details of empanelled accounting and billing software solutions. GST Subhida Providers: List and details of GST Suvidha Providers. Site Map: List of website’s content to help the users navigate the GST Portal. II – Help Item:- GST Knowledge Portal: GST Videos, FAQs and Manuals related to GST Grievance Redressal Portal: Designed for lodging complaints by taxpayers and other stakeholders. Advisories: List of all the advisories issued by GSTN for different functionalities available on GST Portal System Requirements: System Requirements for accessing the GST Portal and more. GST Media: Webinars, interviews & videos on various aspects of GST Portal Grievance Nodal Officers: Contact details of Nodal Officers Source: www.gst.gov.in D...