Tuesday 31 December 2019

CBIC notifies the rule which restricts credit for discharging tax liability or claiming refund under GST



Central Board of Indirect Taxes and Customs (CBIC) has issued notifications giving effect to the recommendations made by the Goods and Services Tax (GST) Council in the 38th meeting (refer to EY Tax Alert dated 19 December 2019).
The key changes are:
• With effect from 1 January 2020, the eligibility of input tax credit (ITC) in respect of invoices or debit notes not reflecting in Form GSTR-2A shall be restricted to 10% of the matched credit.
• With effect from 11 January 2020, e-way bill shall be blocked if the taxpayer does not file Form GSTR-1 for two tax periods. 
• Rule 86A has been inserted in Central Goods and Services Tax Rules, 2017, empowering the Commissioner to disallow taxpayer to debit its electronic credit ledger for discharging tax liability or for claiming refund in certain cases.
In order to promote filing of Form GSTR-1, the government has kept the window open until 10 January 2020 by waiving late fee and imposing e-way bill restriction from such date. Taxpayers should make use of this opportunity for filing pending returns and ensure compliance to mitigate unwarranted litigations.
Vide the new rule on credit restriction, the government aims to check the menace of fake invoices. The businesses may need to exercise diligence by assessing the compliance status of their vendors and rationalizing the internal processes. 

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