The 35th GST Council
Meeting was held here today
under the chairmanship of Union Finance
& Corporate Affairs Minister Smt. Nirmala Sitharaman.
This was the first meeting of the Council after the swearing in of the new
Government. The meeting was also attended by Union Minister of State for
Finance & Corporate Affairs Shri Anurag Thakur besides Revenue Secretary
Shri Ajay Bhushan Pandey and other senior officials of the Ministry of Finance.
The GST Council recommended the following changes related to law and procedure:
1.
New GST Return Forms: In order to give ample opportunity to
taxpayers as well as the system to adapt, the new return system to be
introduced in a phased manner, as described below:
i.
Between July, 2019 to September, 2019,
the new return system (FORM GST ANX-1&FORM GST ANX-2 only) to be available
for trial for taxpayers. Taxpayers to continue to file FORM GSTR- 1&FORM
GSTR-3B as at present;
ii.
From
October, 2019 onwards,
FORM GST ANX-1 to
be made compulsory. Large taxpayers (having aggregate turnover of more than
Rs. 5 crores in previous year) to file FORM
GST ANX-1 on monthly basis whereas small taxpayers to file first FORM GST ANX-1 for the quarter October,
2019 to December, 2019 in January, 2020;
iii. For October
and November, 2019, large taxpayers
to continue to file FORM GSTR-3B
on monthly basis and will
file first FORM GST RET-01 for
December, 2019 in January, 2020. It may be noted that invoices etc. can be
uploaded in FORM GST ANX-1 on a
continuous basis both by large and small taxpayers from October, 2019 onwards. FORM GST ANX-2 may be viewed
simultaneously during this period but no action shall be allowed on such FORM GST
ANX-2;
iv. From
October, 2019, small taxpayers to stop filing FORM GSTR-3B and to start filing FORM GST PMT-08. They will file their first FORM GST-RET-01 for the quarter October, 2019 to December, 2019 in
January, 2020;
v.
From January, 2020 onwards, FORM GSTR-3B to be completely phased out
2.
Annual Return: On account
of difficulties being faced by taxpayers in furnishing the annual returns
in FORM GSTR-9, FORM
GSTR-9A and reconciliation statement in FORM GSTR-9C, the due date for furnishing these
returns/reconciliation statements to be extended till 31.08.2019
To provide sufficient time to the trade and industry to furnish the declaration in FORM GST ITC-04, relating to job work, the due date for furnishing the said form for the period July, 2017 to June, 2019 to be extended
till 31.08.2019
3.
Other : Certain amendments to be carried
out in the GST laws to implement
the decisions of the GST Council taken in earlier meeting
Rule 138E of the CGST rules, pertaining to blocking of e-way bills on non-filing of returns for two consecutive tax periods, to be brought into effect from 21.08.2019, instead
of the earlier notified date of 21.06.2019
Last date for filing of intimation, in FORM GST CMP-02, for availing the
option of payment of tax under notification No. 2/2019-Central Tax (Rate) dated
07.03.2019, to be extended from 30.04.2019 to
31.07.2019
4. GST Council decisions on rate changes on supply of
good and services
Electric
Vehicles
On issues relating to GST concessions on electric vehicle, charger and
hiring of electric vehicle, the Council recommended that the issue be examined
in detail by the Fitment Committee and brought before the Council in the next
meeting.
Solar Power Generating Systems and Wind Turbines
In terms of order of the Hon’ble High Court of Delhi, GST Council
directed that the issue related to valuation of goods and services in a solar
power generating system and wind turbine be placed before next Fitment
Committee. The recommendations of the Fitment Committee would be placed before
the next GST Council meeting.
Lottery
Group of Ministers (GoM) on Lottery submitted report to the Council.
After deliberations on the various issues on rate of lottery, the Council
recommended that certain issues relating to taxation (rates and destination
principle) would require legal opinion of Learned Attorney General.
5.
Decisions
regarding setting up of GSTAT, extension of tenure of National
Anti-Profiteering Authority and introduction of e-invoicing taken
The Council took a decision
regarding location of the State and the Area Benches
for the Goods and Services
Tax Appellate Tribunal (GSTAT)
for various States
and Union Territories with legislature. It has been decided to have
a common State Bench for the States of Sikkim, Nagaland, Manipur and Arunachal Pradesh.
The tenure of National Anti-Profiteering
Authority has been extended by 2 years.
The Council also decided to introduce electronic invoicing system in a phase-wise manner for B2B transactions.
E-invoicing is a rapidly expanding technology which would help taxpayers in
backward integration and automation of tax relevant processes. It would also help tax authorities in combating the menace of tax evasion. The Phase 1 is proposed to be
voluntary and it shall be rolled out from January 2020
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