GSTN Advisory on activating Geocoding functionality        CBIC - CGST Notification Issued on 18/09/2023   
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Recent Updates

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

CBIC - CGST Notification Issued on 25/08/2023

 

  The due for submitting FORM GSTR-1, for the months of April, May, June, and July 2023 has been extended to 25/08/2023 for the registered persons whose principle place of business is in the State of Manipur.

  The due for submitting FORM GSTR-3B, for the months of April, May, June, and July 2023 has been extended to 25/08/2023 for the registered persons whose principle place of business is in the State of Manipur.

  The due for submitting FORM GSTR- 3B for the quarter ending June 2023 has been extended to 25/08/2023 for the registered persons whose principle place of business is in the State of Manipur.

  The due for submitting FORM GSTR-7, for the months of April, May, June, and July 2023 has been extended to 25/08/2023 for the registered persons whose principle place of business is in the State of Manipur.

IGST and CGST Amendment Acts

 

  The IGST (Amendment) Act, 2023 and The CGST (Amendment) Act, 2023 have been notified on 18/08/2023

CBIC - CGST Notification Issued on 17/08/2023

 

  Amending Notification No. 02/2017-Central Tax to redefine territorial jurisdiction of Principal Commissioner / Commissioner of Central Tax of Gundur, Tirupati and Vishakapatnam.retrospectively from April 4, 2022.

  Common adjudicating authority appointed for the show cause notice issued to M/s United Spirits Ltd.

IGST (Amendment) Bill, 2023

 

  The IGST (Amendment) Bill, 2023 was introduced in the Lok Sabha on August 11, 2023.

CGST (Amendment) Bill, 2023

 

  The CGST (Amendment) Bill, 2023 was introduced in the Lok Sabha on August 11, 2023.

CBIC - CGST Notification Issued on 04/08/2023

 

  notify special procedure to be followed by the electronic commerce operators in respect of supplies of goods through them by composition taxpayers.

  Notify special procedure to be followed by the electronic commerce operators in respect of supplies of goods through them by unregistered persons.

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

51st GST Council Meeting - 2nd August 2023

 

GST Council recommends certain amendments in CGST Act 2017 and IGST Act 2017, including amendment in Schedule III of CGST Act, 2017, to provide clarity on taxation of supplies in casinos, horse racing and online gaming.

CBIC - CGST Circular Issued on 01/08/2023

 

  clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 50th meeting held on 11th July, 2023

  Clarifications regarding applicability of GST on certain services

CBIC - IGST Notification Issued on 31/07/2023

 

  It is notified that all goods or services (excluding those specified in column (3) of the TABLE, i.e. Pan masala , tobacco products and some essential oils) can be exported on payment of integrated tax with the option for the supplier to claim a refund of the tax paid.

CBIC - CGST Notification Issued on 31/07/2023

 

  Seeks to notify the provisions of section 123 of the Finance Act, 2021 (13 of 2021).

  Seeks to notify the provisions of sections 137 to 162 of the Finance Act, 2023 (8 of 2023).

  Notification No. 13/2017- Central Tax (Rate) amended to notify changes in GTA declaration in Annexure III consequent to amendment for GST in exercising the option for payment of GST under forward charge as per the recommendations of the GST Council in its 50th meeting on 11.07.2023.

  Amendment to Notification No. 01/2017- Central Tax (Rate) to notify changes in the rates for some goods as per the recommendations of the 50th GST Council meeting.

  CBIC extends mandatory biometric-based Aadhaar authentication for GST registration in Puducherry also through amending the proviso to Rule 8(4B)

  CBIC exempts registered persons with annual aggregate turnover up to two crore rupees from filing annual returns for the FY 2022-23 also.

 

 
 

 

Recent Advance Ruling

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%.

Karnataka AAR - WHITE GOLD BULLION (P.) LTD.

 

The applicant is in the business of purchasing second hand gold in the form of jewellery / parts of jewellery, from unregistered individuals and selling to registered /unregistered dealers, after melting the same, in the form of lumps / irregular shapes of gold.

It is ruled that

i. he cannot pay GST on the margin difference between the sale price and purchase price because when the applicant melts the gold jewellery into gold lumps, the nature of goods changes and hence they do not satisfy the second condition prescribed under Rule 32(5) of CGST Rules, 2017

ii. The HSN Code for Old Gold Jewellery is 7113 and after melting into gold lumpsor irregular shapes of gold the HSN Code is 7108.

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