Thursday, 10 October 2019

SUMMARY OF NOTIFICATIONS ISSUED ON 09-10-2019




1.        Due dates:
FORM
Period
Due Date
Reference, if any
GSTR-3B
OCT 2019-Mar 2020
20th       of      succeeding
month
44/2019-CT
GSTR-1
(Quarterly)
Next 2 quarters (OCT 19-
MAR 20)
Last day of succeeding
month of that quarter
45/2019-CT
GSTR-1
(Monthly)
OCT 2019-Mar 2020
11th day of succeeding
month
46/2019-CT

2.        Annual Return for taxpayers having aggregate turnover up to Rs. 2 crore:

Filing of annual returns is optional for the registered persons having aggregate turnover up to Rs. 2 crore.

Very Important: Be noted that the return for these taxpayers is not scrapped. It is clearly mentioned in the notification that the return shall be deemed to be furnished if not furnished before the due date. So be ready ………………
Reference: Notification No. 47/2019-CT

3.        Registered person who has applied for cancellation shall not issue any tax invoice and not charge any tax on supplies made by him during the period of suspension of his registration. By any chance, if registration is not cancelled and the suspension is revoked, the taxpayer needs to issue revised invoice for all the invoices raise in the suspension period and declare the same in next return.

4.        Claiming of credit not available in GSTR-2A should not be more than 20% of eligible credit available in GSTR-2A. Time period to test the same is not clearly mentioned, but we believe it should be done on yearly parameters.

For example: Total eligible credit in GSTR-2A is Rs.5,00,000.
Then, scope of credit that can be claimed which are not available in GSTR-2A is Rs.1,00,000 (5,00,000*20%) subject to other conditions.
Another Example: Total Credit in GSTR-2A is Rs.5,00,000 out of which Rs.1,00,000 is ineligible.
Then, scope of credit that can be claimed which are not available in GSTR-2A is Rs.80,000 (4,00,000*20%) subject to other conditions.

5.        FORM GSTR-3B is now a return and luckily/unluckily this will have retrospective effect. (Gujarat High Court judgement in the case of AAP & Co. has lost it’s relevance in respect to the above subject.)

6.        Only The Central Government shall disburse the amount of refund based on consolidated payment advice for grant of provisional refunds.

7.        Missed TRAN-1 due to technical difficulties or fortunate enough to be in Council’s recommendation for such extension?? No worries. Please file it before 31st December 2019. And due to that TRAN-1, missed TRAN-2?? No worries. Please file it before 31st January 2020.

8.        A lifeline will be given before issuance of SCN under 73(1)/74(1) in the form of DRC-01A basically intimating the person of tax and applicable interest ascertained by the proper officer with proper grounds. If the person desires to file any submission against the proposed liability or intimate about partial payment of such ascertained value may do the same by filing PART-B of DRC-01A.
Reference (3-9): Notification No. 49/2019-CT

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