CGST Notification - Biometric Aadhaar Authentication for GST Registration in Andhra Pradesh          
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Recent Updates

CGST Notification - Biometric Aadhaar Authentication for GST Registration in Andhra Pradesh

 

  This amendment to Notification No. 27/2022 dated December 26, 2022, seeks to extend biometric-based Aadhaar authentication for GST registration in the State of Andhra Pradesh in addition to "State of Gujarat and the State of Puducherry".

ITC Reversal on Account of Rule 37(A)

 

  This Advisory is to remind the taxpayers of their legal obligation to reverse the Input Tax Credit (ITC) availed during 2022-23 on any invoice or debit note, the details of which have been furnished by their supplier in their GSTR-1/IFF but the return in FORM GSTR-3B for the same has not been furnished by their supplier till the 30th day of September 2023. The ITC has to reversed through Table 4(B) (2) of the return in FORM GSTR-3B to be furnished on or before the 30th day of November 2023, in terms of Rule 37A of CGST Rules, 2017. It is further stated that to facilitate reversal the details of such ITC amount to be reversed for the Financial Year 2022-23 has been communicated to the concerned recipients through email on their registered email IDs

Advisory on verification of transporter Id (TRANSIN) in e-Waybills

 

IE-way Bill System Issues Advisory on Verification of Transporter ID in E-way Bills

GSTN Advisory on Procedures for Taxpayers Missing Appeal Filing Deadline for Orders Preceding March 31, 2023

 

  This Advisory is about the amnesty granted to file the Appeal in GST portal for the orders passed upto March 31, 2023 by January 2024. The taxpayers should make payments for entertaining the appeal by the Appellate officer as per the provisions of Notification No. 53/2023 choosing Cash / Credit ledgers appropriately. If a taxpayer has already filed an appeal and wants to avail the benefit of the amnesty scheme would need to make differential payments as specified under Notification No. 53/2023. The payment should be made against the demand order using the 'Payment towards demand' facility available on the GST portal. Taxpayers with queries or requiring assistance can raise complaints on the official website at https://selfservice.gstsystem.in.

Pilot Project Advisory for GST Registration Applicants in Gujarat and Puducherry

 

  GSTN Advisory on Pilot Project for GST Registration Applicants in Gujarat and Puducherry

CBIC - CGST Notification Issued on 02/11/2023

 

  Seeks to notify a special procedure for condonation of delay in filing of appeals against demand orders passed until 31st March, 2023.

CBIC - CGST Circular Issued on 31/10/2023

 

  It has been clarified vide this Circular that Imitation zari thread or yarn made from metallised polyester film/ plastic film falling under HS 5605 are covered by Sl No. 218AA of Schedule I attracting 5% GST based on the recommendation of the GST Council in its 52ndmeeting held on 7th October, 2023.

  Clarifications regarding applicability of GST on certain services.

CBIC - CGST Circular Issued on 27/10/2023

 

  The circular clarifies that when Indian exporters of services are paid in INR from Special Rupee Vostro Accounts of correspondent banks in partner trading countries, opened by AD banks, it fulfills the conditions of sub-clause (iv) of Section 2(6) of the IGST Act, 2017.

  The CBIC has clarified that with effect from 01/10/2023 for services related to the transportation of goods, except for mail and courier, when either the service provider or recipient is located outside India, the place of supply will be determined using the default rule outlined in section 13(2) and not as performance based services under sub-section (3) of section 13 of IGST Act due to omission of sub-section (9) of section 13 of IGST Act vide section 162 of Finance Act, 2023

  The CBIC has clarified on the taxability of providing personal bank guarantees by Directors to banks and by Holding Company to its subsidiary Companies as follows:

1) In the case of guarantee provided by the Directors, when no consideration is paid by the Company, the open market value of the said transaction/ supply may be treated as zero and therefore, taxable value of such supply may be treated as zero. In such a scenario, no tax is payable on such supply of service by the director to the company.

(2) Regarding cases of supply of services by a related person to another person, or by a holding company to a subsidiary company, in the form of providing corporate guarantee on their behalf to a bank/ financial institution, the taxable value of such supply of services, will henceforth be determined as per the provisions of the sub-rule (2) of Rule 28 of CGST Rules, i.e 1% of the guarantee Value or consideration paid whichever is higher irrespective of whether full ITC is available to the recipient of services or not.

CBIC - CGST Notification Issued on 26/10/2023

 

Seeks to make amendments (Fourth Amendment, 2023) to the CGST Rules, 2017

CBIC - IGST Notification Issued on 26/10/2023

 

Seeks to notify supplies and class of registered person eligible for refund under IGST Route

CBIC - CGST (Rate) Notification Issued on 19/10/2023

 

  Seeks to amend Notification No 11/2017- Central Tax (Rate) dated 28.06.2017.

  Seeks to amend Notification No 01/2017- Central Tax (Rate) dated 28.06.2017.

CBIC - IGST (Rate) Notification Issued on 19/10/2023

 

  Seeks to amend Notification No 8/2017- Integrated Tax (Rate) dated 28.06.2017.

  Seeks to amend Notification No 01/2017- Integrated Tax (Rate) dated 28.06.2017

GSTN Advisory on Online Money Gaming and OIDAR Registration and Reporting

 

Person supplying of Online Money Gaming services or OIDAR or Both– Form GST REG-10 and Form GSTR-5A

GSTN Advisory on Enrollment for GST-Unregistered Suppliers on E-commerce Platforms

 

Facility of enrolment for supply of goods through e-commerce operators by GST un-registered suppliers.

52ndGST Council Meeting - October07, 2023

 

Union Finance Minister Nirmala Sitaraman chaired the 52ndmeeting of the GST Council held on 07thOctober, 2023 at New Delhi.

Advisory on DRC-01C: Reconciling ITC Differences (GSTR-2B vs. GSTR-3B)

 

Advisory in respect of introduction of Compliance Pertaining to DRC-01C (Difference in Input Tax Credit (ITC) available in GSTR-2B & ITC claimed in the GSTR-R3B)

GSTN Advisory on e-Invoice JSON Download Now Live on GST Portal

 

GSTN announces the availability of the e-Invoice JSON download feature on the GST Portal. Users can download e invoices generated by them or received by them either in PDF format or in JSON format.

E-Invoice Auto Population Pause in GSTR-1: Temporary Interruption

 

As per the advisory in the GSTN portal, there would be a temporary interruption in the auto-population of e-Invoice data into the GSTR-1 system from 26/09/2023 to 29/09/2023 due to system upgradation which will also affect all six IRP portals .

CBIC - CGST Notification Issued on 29/09/2023

 

  It is notified that the provisions of the Central Goods and Services Tax (Amendment) Act, 2023 related to GST leviability on line Gaming will come into effect from the 1st day of October, 2023.

  It is notified that supply of on line gaming, actionable claims in casinos and online money gaming have been notified as a separate class of supply for valuation under Section 15(5) of GST Act with effect from 01/10/2023.

  By this amendment to Notification No. 66/2017 CT the registered persons involved in the supply of specified actionable claims by way of betting, casinos, gambling, horse racing, lottery or online money gamingexcluded from the composition levy benefits and this amendment come into effect from 01/10/2023.

  Amendment to GST Rules in respect of registration processes, Valuation and Forms relating to online money gaming and casino notified. This notification comes into effect from 01/10/2023.

CBIC - CGST(Rate) Notification Issued on 29/09/2023

 

  New entry No. 227A inserted for Specified Actionable claims and Entry No. 228 relating to lottery and entry No. 229 relating to betting, gambling, horse racing were omitted in Schedule IV relating to 28% rate. This Notification comes into force from 01/10/2023.

CBIC - IGST Notification Issued on 29/09/2023

 

  It is notified that the provisions of the Integrated Goods and Services Tax (Amendment) Act, 2023 related to GST leviability on online Gaming will come into effect from the 1st day of October, 2023.

  It is notified that ,with effect from 01/10/2023,.the supply of online money gaming as the supply of goods on import of which, integrated tax shall be levied and collected under sub-section (1) of section 5 of the IGST Act,2017 and not under the provisions of section 3 of the Customs Tariff Act, 1975

  It is notified that the Principal Commissioner of Central Tax, Bengaluru West and all the officers subordinate to him as the officers empowered to grant registration in case of supply of online money gaming provided or agreed to be provided by a person located in non-taxable territory and received by a person in India. This Notification comes into effect from 01/10/2023.

CBIC - IGST(Rate) Notification Issued on 29/09/2023

 

  New entry No. 227A inserted for Specified Actionable claims and Entry No. 228 relating to lottery and entry No. 229 relating to betting, gambling, horse racing were omitted in Schedule IV relating to 28% rate. This Notification comes into force from 01/10/2023.

CBIC - IGST Notification Issued on 26/09/2023

 

  As per the amendment notified vide this notification the GST liability on the services by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India has been withdrawn with effect from 01/10/2023.

  Vide this amendment the exemption from Tax has been extended to services by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India received by persons specified in the entry No 10 with effect from 01/10/2023.

  By this amendment the liability to pay GST under RCM for the services by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India by the recipient importer has been removed with effect from 01/10/2023.

CBIC - CGST Notification Issued on 25/09/2023

 

Vide this Notification the date of implementation of special procedure to be followed by registered persons engaged in manufacturing specific goods, as specified in notification No 30/2023 dated 31/07/2023 is notified as 01/01/2024.

GSTN Advisory on activating Geocoding functionality

 

GSTN has issued an advisory announcing the activation of geocoding functionality for "Additional Place of Business" addresses across all states and union territories in India.

  The system will display a system-generated geocoded address, which taxpayers can either accept or modify as needed.

  If a system-generated address is not available, taxpayers can input the geocoded address directly.

  Taxpayers who have already geocoded their addresses through new registration or core amendment are not required to repeat this process.

  The geocoding feature is accessible to various types of taxpayers, including normal taxpayers, composition taxpayers, SEZ units, SEZ developers, ISD, and casual taxpayers, regardless of whether they are active, canceled, or suspended.

CBIC - CGST Notification Issued on 18/09/2023

 

The appointment of Adjudicating Authority for the Show Cause Notice issued to M/s. Inkuat Infrasol Pvt. Ltd, Bhiwandi, Thane Notified.

Advisory on GST e-invoice 2-Factor Authentication

 

As per the new update from E invoice system, effective from 01/11/2023, two factor authentication is mandatory for all taxpayers with Aggregate Annual Turnover (AATO) exceeding Rs 20 Crores to interact with e invoice system portal .

Advisory on New Time limit for Reporting of Invoices on the e-Invoice Portal

 

Effective from 01/11/2023, all taxpayers with Aggregate Annual Turnover greater than or equal to 100 crores will have to report all the documents like invoices, credit / debit notes etc, (for which IRN generation is mandated) in e invoicing portal, within 30 days from the date of issue of such document/s and so reporting of these documents older than 30 days from the date of issue of such document will not be allowed in e invoicing portal.

GST – Valuation of supply by Casino and online gaming Notification Issued on 06/09/2023

 

Brief gist of Rule 31B on valuation supply in online gaming

  Valuation of of supply of online gaming, including supply of actionable claims involved in online money gaming, is the total amount paid / deposited

  Value of amount returned or refunded by the player shall not be excluded.

  Any amount received by the player which is used for further event without withdrawing, shall not be considered as the amount paid to or deposited by the player.

Brief gist of Rule 31C on valuation supply of actionable claim by Casinos

  Valuation of of supply of actionable claim by Casinos is total amount paid for purchase of the tokens, chips, coins or tickets, by whatever name called, for use in casino oramount paid for events not requiring tokens, chips, coins or tickets

  Value of amount returned or refunded by the player shall not be excluded.

  Any amount received by the player which is used for further event without withdrawing, shall not be considered as the amount paid to or deposited by the player.

Advisory on e-Invoicing and e-Waybill HSN Code Requirement Changes

 

It has been notified vide Notification No. 78/2020 dated 15th Oct 2020 that the tax payers having Aggregate Annual Turn Over (AATO) above Rs 5 Crores, shall use atleast 6 digit HSN code and other tax payers shall use atleast 4 digit HSN code, in E- Invoices and E-Way Bills, but hitherto it is not made mandatory. It is now advised that the HSN code specified above will be made mandatory with effect from 01/10/2023 in e- invoice and e way bill generating systems.

Advisory on Procedures to be Followed on Provisional Attachment u/s 83(2) of CGST Act

 

In terms of Section 83 (1) of the CGST Act the proper GST authority is empowered to issue orders for the provisional attachment of property, such as bank accounts, when it is necessary, to protect revenue interests. However Section 83(2) of the CGST Act states that such provisional attachments shall cease to have effect after one year from the date of the order issued under Section 83(1). In such cases where provisional attachments stop to have effect after one year, the Advisory prescribes the procedure to be followed by the concerned Commissioner that they should intimate the concerned Authority / Bank, for release / restoration of the attached property / Bank Account, drawing attention to the attachment order and provisions of Section 83(2), marking a copy of such intimation to the person concerned.

GSTN Advisory on Electronic Credit Reversal and Re-claimed statement

 

A new ledger namely "Electronic Credit and Re-claimed Statement" is being introduced on the GST portal

GSTN Advisory for Registration with Biometric-based Aadhaar Authentication

 

Biometric-based Aadhaar Authentication is being launched in Puducherry from 30th August, 2023

 

 
 

 

Recent Advance Ruling

Telangana AAR - VERSATILE AUTO COMPONENTS (P) LTD

 

The applicant M/s. Versatile Auto Components Pvt Ltd is a manufacturer of low speed electric two wheeler (below 250 Watts/0.25 KV) and spares & accessories for the same. The applicant would like to get clarification regarding which HSN code and GST rate for their products electrically operated vehicles, including two & three wheeled electric / motor vehicles and Electrical & mechanical spare parts of electric vehicle.

It is ruled that

(1) all electrically operated vehicles including three wheeled electric vehicles are classified under HSN 8703 and liable to 5% Tax under S.No. 242A of Schedule –I of Notification No. 01/2017 dt:28.06.2017 as amended by notification 12/2019 dt:31.07.2019 with effect from 01.08.2019

(2) As the goods “Electrical and Mechanical spare parts of electrical vehicles” does not have any reference under chapter 87 they fall under the residual entry S.No 453 of Schedule-III of Notification no. 01/2017 dt:28.06.2017 i.e., “Goods which are not specified in Schedule I, II, IV, V or VI” falling in any chapter of HSN and liable to 18% Tax

Telangana AAR - SAI SERVICE (P) LTD

 

The Applicant M/s. Sai Service Pvt Limited is engaged in the business of supply of automobiles. As a part of its day-to-day business, the Applicant requires certain vehicles for demonstration purpose in the showrooms and are used for providing test drives to its potential customers, in order for them to understand the look and feel of the vehicle. The demo vehicle/s will be registered in the name of the company/dealership and can be retained as a demo / test vehicle only for (2) years. After (2) years the vehicle can be used in workshop as a replacement vehicle or sold with the written approval of the vendor company.

The demo vehicle/s is categorized as an asset and capitalized in the books without claiming any depreciation on the input tax component. Under this factual background the applicant wanted a ruling on whether the applicant is entitled to avail the input tax credit under capital goods of the tax charged on the supply of motor vehicles used for demonstration purpose.

It is ruled that if the applicant is making further supply of such demo vehicle he is eligible to claim ITC of the tax charged on such demo vehicles. However, if the applicant decides to keep the demo vehicle for use in their workshop as a replacement vehicle as per the test vehicle policy of the car manufacturer / vendor he is not eligible for ITC.

Karnataka AAR - SIRIMIRI NUTRITION FOOD PRODUCTS (P) LTD

 

The Applicant M/s.Sirimiri Nutrition Food Products Pvt Ltd, Bengaluru is engaged in the manufacture of nutrition products. He intends to manufacture new variety of chikkies made up of common ingredient jiggery. The applicant requested for advance ruling on the correct HSN classification and GST rates for these chikkies.

It is ruled that

The products “ sesame Chikkies, Amarnath Chikkies, Crushed Peanut Chikkies, Spirulina Chikkies and Dry fruit chikkies” are covered under sugar Confectionery not containing cocoa, classifiable under HSN 1704 and liable to GST rate of 5% and The product “Chocolate Peanut chikkies” is covered under “Sugar Confectionery Containing Coca” classifiable under HSN 1806 9020 and liable to GST rate of 18%.

More ....