CBIC - CGST Circular Issued on 01/08/2023

S.No.

Circular No.

Date

Subject

1.

200/12/2023-GST

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

2.

201/13/2023-GST

01/08/2023

Clarifications regarding applicability of GST on certain services

Click to view / Download Circular

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.

Click to view / Download Notification

CBIC - CGST Notification Issued on 31/07/2023

S.No.

Notification No.

Date

Subject

1.

27/2023-Central Tax

31/07/2023

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

2.

28/2023-Central Tax

31/07/2023

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

3.

29/2023-Central Tax

31/07/2023

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.

4.

30/2023-Central Tax

31/07/2023

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.

5.

31/2023-Central Tax

31/07/2023

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

6.

32/2023-Central Tax

31/07/2023

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

7.

33/2023-Central Tax

31/07/2023

By this notification, the Central Government, has notified "Account Aggregator" as the systems through which information can be shared by the common portal based on consent under Section 158A of the Central Goods and Services Tax Act, 2017 giving effect to the recommendations of GST council in its 50th meeting.

8.

34/2023-Central Tax

31/07/2023

CBIC notification exempts dealers with turnover below the registration threshold from GST registration if they supply goods through electronic commerce operator who is required to collect tax at source under Section 52 subject the conditions specified in the notification.

9.

35/2023-Central Tax

31/07/2023

Seeks to amend Notification No. 27/2022 dated 26.12.2022.

Click to view / Download Notification

Date : 03/08/2023

CBIC - CGST Notification Issued on 26/07/2023

S.No.

Notification No.

Date

Subject

1.

06/2023-Central Tax (Rate)

26/07/2023

Notification No. 11/2017- Central Tax (Rate) amended to notify that if GTA have exercised the option of paying GST under forward charge for a particular financial year, they shall be deemed to have exercised it for the subsequent financial years also until they file a declaration to revert to reverse charge mechanism (RCM) as per the recommendations of the GST Council in its 50th meeting on 11.07.2023.

2.

07/2023-Central Tax (Rate)

26/07/2023

Notification No. 12/2017- Central Tax (Rate) amended to extend the GST exemption on satellite launch services provided by any suppliers including private organisations based on the recommendations of the GST Council in its 50th meeting on 11.07.2023.

3.

08/2023-Central Tax (Rate)

26/07/2023

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.

4.

09/2023-Central Tax (Rate)

26/07/2023

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.

5.

10/2023-Central Tax (Rate)

26/07/2023

Amendment to Notification No. 26/2018- Central Tax (Rate) to change the reference of Foreign Trade Policy (FTP) to the new FTP notified on 31/03/2023 wherever referred to in the notification.

Click to view / Download Notification

Date : 27/07/2023

GSTN - offline tool for GSTR-9 and GTR-9C for Financial Year 2022-23 released

The Goods and Services Tax Network (GSTN) has released the offline utility for: GSTR-9 and GSTR-9C, for the Financial Year 2022-23.

  The link to download GSTR 9 and 9C are
https://www.gst.gov.in/download/gstr9
https://www.gst.gov.in/download/gstr9c

Date : 24/07/2023

CBIC - CGST Circular Issued on 17/07/2023

S.No.

Circular No.

Date

Subject

1.

192/04/2023-GST

17/07/2023

CBIC clarifies that in the case of wrong availment of ITC in IGST no interest liability will be imposed under section 50(3) of the CGST Act, 2017 if the combined credit of IGST, CGST, and SGST has never been lower than the amount of wrongly availed IGST credit.

2.

193/05/2023-GST

17/07/2023

CBIC issues clarification on dealing with the difference in ITC availed in FORM GSTR-3B and FORM GSTR-2A for the period from 01.04.2019 to 31.12.2021.

3.

194/06/2023-GST

17/07/2023

CBIC issues clarification on TCS liability under Section 52 of the CGST Act, 2017 in cases involving multiple E-commerce Operators in a single transaction.

4.

195/07/2023-GST

17/07/2023

CBIC issues clarification on the availability of Input Tax Credit (ITC) for warranty replacement of parts and repair services during the warranty period.

5.

196/08/2023-GST

17/07/2023

CBIC clarifies that the holding of shares of a subsidiary company by a holding company is not considered a supply of services and is not taxable under GST.

6.

197/09/2023-GST

17/07/2023

CBIC clarifies on various refund-related issues

7.

198/10/2023-GST

17/07/2023

CBIC Clarifies on various issues pertaining to e-invoice.

8.

199/11/2023-GST

17/07/2023

CBIC clarifies the taxability of services provided between offices of the same organization located in different states, treating them as distinct persons, and provides guidelines on the distribution of credit for common input services

Click to view / Download Circular

Date : 18/07/2023

CBIC - CGST Notification Issued on 17/07/2023

S.No.

Notification No.

Date

Subject

1.

18/2023 – Central Tax

17/07/2023

The due date for furnishing details of outward supplies in FORM GSTR-1 for the tax periods April, May and June 2023 in respect of registered persons whose principal place of business is in Manipur is extended upto July 31st, 2023.

2.

19/2023 – Central Tax

17/07/2023

The due date for furnishing details of outward supplies in FORM GSTR-3B for the tax periods April, May and June 2023 in respect of registered persons whose principal place of business is in Manipur is extended upto July 31st, 2023.

3.

20/2023 – Central Tax

17/07/2023

The due date for furnishing details of outward supplies in FORM GSTR-3B for quarter ending June, 2023 in respect of registered persons whose principal place of business is in Manipur has been further extended upto July 31st, 2023.

4.

21/2023 – Central Tax

17/07/2023

The due date for filing FORM GSTR-7 for April, May, and June 2023 has been extended upto July 31st 2023, for registered persons in Manipur.

5.

22/2023 – Central Tax

17/07/2023

The amnesty period for non-filers of GSTR-4 for the quarters from July, 2017 to March 2019 or for the Financial years from 2019-20 to 2021-22 has been further extended upto August 31, 2023.

6.

23/2023 – Central Tax

17/07/2023

The time limit for application for revocation of cancellation of registration has been further extended upto August 31, 2023.

7.

24/2023 – Central Tax

17/07/2023

The time limit for furnishing the valid returns has been further extended upto August 31, 2023 for availing the Amnesty scheme for deemed withdrawal of assessment orders issued under Section 62.

8.

25/2023 – Central Tax

17/07/2023

Amnesty scheme of waiver from late fee in excess of Rs. 10,000/- per return for non-filers of GSTR-9 for the periods July 2017 to March 2018 to 2021-22 has been extended till August 31, 2023.

9.

26/2023 – Central Tax

17/07/2023

Amnesty scheme of waiver of late fee in excess of Rs. 500/- for GSTR-10 non-filers has been further extended upto August 31, 2023.

Click to view / Download Notification

Date : 18/07/2023

GST Council Meeting - July 11, 2023

Union Finance Minister Nirmala Sitaraman chaired the 50th meeting of the GST Council held on 11th July, 2023 at Vigyan Bhawan, New Delhi. The matters discussed in the meeting and the recommendations of the council broadly are

  Proposed Reduction in GST rates

  Recommendations relating to GST rates on Goods

  Recommendations relating to GST rates on Services

  Amendment proposed in GST Legislation

  Amendment proposed in GST Rules

  Amendment in CGST Rules, 2017

  Measures for facilitation of trade

  Recommendation on issue of Clarificatory circulars

Click to view / download GST Council Meeting - Press Release

Date : 12/07/2023

Goods and Services Tax Network under PMLA

The Central Government issued notification no G.S.R. 491(E) dated 07/07/2023 amending earlier Notification No G.S.R. 381(E) dated 27/06/2006 to bring the Goods and Services Tax Network (GSTN) under the Prevention of Money Laundering Act. This will facilitate sharing of information between the GSTN, Enforcement Directorate and other gencies

Click to view / Download Notification

Date : 11/07/2023

Advisory: Online Compliance Pertaining to Liability / Difference Appearing in R1 – R3B (DRC-01B)

GSTN has introduced a functionality on the GST portal for taxpayers to explain differences between GSTR-1 and GSTR-3B returns online as directed by the GST Council. It compares declared liability with paid liability, and if variations exceed limits, taxpayers receive an intimation (DRC-01B) to which they must reply using Form DRC-01B Part B, providing clarification and details. It is also stated that if reply has not been filed in Part B of Form DRC 01B for any period the taxpayers will not be able to file GSTR 1.IFF for the subsequent period. Hence it is to be ensured timely filing of Form DRC-01B Part B to avoid any interruptions in the filing of GSTR-1/IFF.

Click to view / Download Advisory

Date : 30/06/2023

GSTR-3B due date extended for May 2023 in Gujarat districts

GSTR-3B filing due date for the month of May 2023extended until 30th June 2023 for the persons registered in the districts of Kutch, Jamnagar, Morbi, Patan, and Banaskantha of Gujarat State.

Click to view / Download Notification No. 17/2023-GST

Date : 29/06/2023

Guidelines for processing of applications for registration – regarding

The board has directed the proper officer to carefully review and verify the information and documents provided by applicants for GST registration. They should give special attention to high-risk cases and check for any previous registrations using the same PAN. The officer should consider factors such as past cancellations, suspensions, rejections, and the riskiness of the business location. If any deficiencies are found, the officer must send an electronic notice (Form GST REG-03) within the prescribed time limit requesting clarification or additional information. The registration can be approved if the officer is satisfied with the applicant's response (Form GST REG-04). If Aadhaar authentication is not completed, a physical inspection of the business premises is required.

Click to view / Download Instruction No. 03/2023-GST

Date : 15/06/2023

E-way bill / E -invoice - 2 Factor Authentication mandatory for Taxpayers AATO above 100 cr w.e.f. 15 July 2023

The National Information Centre (NIC) is introducing 2-Factor Authentication for logging in to e-Way Bill/e-Invoice system to enhance the security of e-Way Bill/e-Invoice System i.e. In addition to username and password, OTP will also be authenticated for login. There are 3 different ways of receiving the OTP , namely, (1) Through SMS sent to the registered mobile number of the Registered person (2) On ‘Sandes’ app a messaging app provided by government which can be downloaded and installed in the registered mobile number and (3) Using ‘NIC-GST-Shield’ app a mobile app provided by e-Way Bill /e-Invoice System. For this the Registered person has to log on to e-Waybill System – to go to Main Menu – select 2 Factor Authentication and confirm the registration. Once confirmed, the system will ask OTP along-with username and password. Once the Registered person has registered for 2 Factor authentication, then the same is applicable for both e-Way bill and e- Invoice system.

According to the NIC, the two-factor authentication is mandatory for all GST taxpayers who have an Aggregate Annual Turnover Over of Rs.100 crores and above, with effect from 15th July 2023

Click to view / Download 2- Factor Authentication for e-Way Bill and e-Invoice System

Date : 14/06/2023

E-Invoice Verifier App by GSTN - Advisory

The E invoice verifier app is designed to simplify the process of verifying e-Invoices and related details. It offers several key features and benefits, including QR code verification, a user-friendly interface, Invoice Registration Portals, and a non-login based operation. Users can download the app from the Google Play Store. The app allows users to scan QR codes on e-Invoices to authenticate the embedded information. Users can refer to the app's FAQs for more detailed information and guidance.

Click to view / Download GSTN Advisory -E-Invoice Verifier App by GSTN - Advisory

Date : 08/06/2023

Generation and quoting of Document RFN on communication/document pertaining to search and inspection-reg.

Karnataka State GST Department has instructed all their officers to generate RFN (Reference Number) through GSTN portal in respect of all offline communication Iphysically generated communication such as Notices, Adjournments, Orders, Reminders and RFN so generated shall be superscribed on the document. This system enhances transparency and accountability in the communication and documentation processes of the Karnataka State GST Department.

The process to generate RFN by the State Officer in the Back Office (BO) portal is as below:

1. Tax officers need to navigate to Services > RFN Generation on the BO Portal.

2. They should enter the required details in the provided fields.

3. Clicking on the "Generate RFN" button will generate the RFN.

4. The generated RFN should be mentioned in the communication sent to the taxpayer.

Taxpayers can verify the RFN on the GST common portal as per following process:

1. Access the GST common portal.

2. Navigate to Services > User Services > Verify RFN.

3. Follow the instructions provided to verify the RFN of the document or communication.

It is also clarified that the guidelines given in this circular are procedural in nature and hence cannot be made use of in interpretation of provisions of the law.

Click to view / Download Circular No: G5T-02/2023-24

Date : 08/06/2023

GST E-Way Bill System Adds New Functionalities for Enrolled Transporters and Common Enrolled Taxpayers

The Goods and Services Tax (GST) e-way bill system has introduced new functionalities to enhance user control and functionality. These include the option for transporters to de-register themselves from the E-Way Bill system, two-factor authentication (2FA) for login access, and the ability to cancel common enrollment for taxpayers. The de-registration feature allows transporters to easily revoke their access to the E-Way Bill portal. The 2FA feature enhances security and will soon become mandatory. Taxpayers who have completed common enrollment can now cancel their enrollment ID if needed. These enhancements provide greater flexibility and control for users and ensure a more secure E-Way Bill system.

Click to view / Download GST E-Way Bill System Adds New Functionalities for Enrolled Transporters and Common Enrolled Taxpayers

Image courtesy: IndiaMART
Date : 29/05/2023

Standard Operating Procedure for Scrutiny of Returns for FY 2019-20

CBIC has issued Instruction No. 02/2023 – GST dated 26th May, 2023, on the enabling of the online "Scrutiny of Returns" functionality for CGST returns in GSTN portal for Financial Years 2019- 20 onwards. This instruction provides a SOP for selection of returns for scrutiny, communication of discrepancies noticed, acceptance of explanation furnished by the registered person, determination of tax and other dues and referral to the Audit Commissionerate or anti-evasion wing of the Commissionerate, where required, through the online scrutiny workflow on the CBIC ACES-GST application within a specified timeframe. It is also stated that the timelines for completion of various stages of scrutiny and modifies the SOP specified in Instruction 02/2022- GST dated 22nd March 2022 will be applicable for scrutiny of returns for financial years 2017-18 and 2018-19.

Click to view / Download Instruction No. 02/2023-GST

Date : 29/05/2023

GSTR-1, GSTR-3B, and GSTR-7 filing due dates for the month of April 2023 has been extended till 31st May 2023, for the registered persons whose principal place of business is in the State of Manipur.

S.No.

Notification No.

Date

Subject

1.

11/2023 – Central Tax

24/05/2023

The due date for furnishing details of outward supplies in FORM GSTR-1 for the tax period April 2023 in respect of registered persons whose principal place of business isin Manipur is extended upto May 31st, 2023.

2.

12/2023 – Central Tax

24/05/2023

The due date for furnishing details of outward supplies in FORM GSTR-3B for the tax period April 2023 in respect of registered persons whose principal place of business is in Manipur is extended upto May 31st, 2023.

3.

13/2023 – Central Tax

24/05/2023

The due date for furnishing the return in Form GSTR 7 by a registered person, required to deduct tax at source under the provisions of section 51 for the month of April 2023 in respect of registered persons whose principal place of business is in Manipur is extended upto May 31st, 2023.

Date : 26/05/2023

Time barring of Scrutiny of GST Returns of Delhi taxpayers for the FY 2017-18, 2018-19 & 2019-20.

All Ward In charges / Proper Officer under Delhi State Jurisdiction are advised to complete the scrutiny of returns and issuance of order u/s 73(9) of CGST Act, 2017 for recovery of tax etc within the time extended vide notn.no. 09/2023 dated 3/03/2023 i.e. 2017-18 - till 31st December 2023, 2018-19 - till 31st March 2024, 2019-20 - till 30th June 2024.

Click to view / Download Circular: F.3/432/GST/ Policy/2022 /582-89

Date : 15/05/2023

Press Release - Automated Return Scrutiny Module for GST Returns

CBIC has rolled out an Automated Return Scrutiny Module for GST returns in the ACES-GST backend application for Central Tax Officers in implementation of non-intrusive means of compliance verification. This module uses data analytics and risks identified by the System to select Center Administered Taxpayers for scrutiny. The module provides a workflow for tax officers to communicate discrepancies, receive taxpayer replies, and take appropriate follow-up action. Implementation of Automated Scrutiny of Returns module has commenced with scrutiny of GST returns for FY 2019-20.

Click to view / Download Press Release - Automated Return Scrutiny Module for GST Returns

Date : 13/05/2023

GST – E invoice threshold reduced to Annual TO of Rs. 5 Crores, with effect from 01/08/2023

CBIC has reduced the threshold limit from the existing Rs. 10 Crores to Rs. 5 Crores, for the mandatory generation of e-Invoices, with effect from 01/08/2023.

Click to view / Download Notification No: 10/2023-Central Tax

Date : 11/05/2023

CBIC - CGST Rate Notification issued on 09/05/2023

It is notified that the last date for a GTA to exercise the option to pay GST on the services supplied by it under forward charge during the Financial Year 2023-2024 is 31st May 2023.

In the case of new Registrant as GTA, to exercise such option, the due date is before the expiry of forty-five days from the date of applying for GST registration or one month from the date of obtaining registration whichever is later.

Click to view / Download Notification No: 05/2023-Central Tax (Rate)

CBIC - IGST Rate Notification issued on 09/05/2023

It is notified that the last date for a GTA to exercise the option to pay GST on the services supplied by it under forward charge during the Financial Year 2023-2024 is 31st May 2023.

In the case of new Registrant as GTA, to exercise such option, the due date is before the expiry of forty-five days from the date of applying for GST registration or one month from the date of obtaining registration whichever is later.

Click to view / Download Notification No: 05/2023- Integrated Tax (Rate)

Date : 10/05/2023

GST – E invoice - GSTN Advisory on Deferment of Implementation of Time Limit on Reporting Old E-Invoices

The competent authority has decided to delay the 7-day deadline for reporting old e-invoices on the e-invoice IRP portals for taxpayers with aggregate turnover greater than or equal to 100 crores by three months.

It is also stated that the next date of implementation will be shared in GSTN portal in due course of time.

Click to view / Download GSTN Advisory - Deferment of Implementation of Time Limit on Reporting Old E-Invoices

Date : 08/05/2023

CBIC - Instruction No. 01/2023-GST issued on 04/05/2023

With the aim to prevent revenue loss to Government CBIC has issued instructions and guidelines for a nationwide drive from 16th May 2023 to 15th July 2023 to combat fake GST registrations and bogus Input Tax Credit (ITC) claims.

Click to download / view the CBIC Instruction

Date : 06/05/2023

Procedure for Pre-deposit relating to Central Excise and Service Tax Appeals

CBIC has clarified vide instruction Ref. CBIC-240137/14/2022-Service Tax dated 18/04/2023 that payments through DRC-03 prescribed under the GST legislation is not valid mode of payment for making pre-deposits under Section 35F of the Central Excise Act, 1944 and under 83 of the Finance Act, 1994. Such pre deposits should be made through the dedicated CBIC-GST Integrated portal.

Click to download / view the CBIC Instruction – pre-deposit payment method for CE and ST

Date : 25/04/2023

Updated GSTN Advisory - Time Limit for Reporting of E-Invoice is 7 days

The following Advisory has been issued in GSTN portal

  It is to inform you that it has been decided by the Government to impose a time limit on reporting old invoices on the e-invoice IRP portals for taxpayers with AATO greater than or equal to 100 crores.

  To ensure timely compliance, taxpayers in this category will not be allowed to report invoices older than 7 days on the date of reporting.

  Please note that this restriction will apply to the all document types for which IRN is to be generated. Thus, once issued, the credit / Debit note will also have to be reported within 7 days of issue.

  For example, if an invoice has a date of April 1, 2023, it cannot be reported after April 8, 2023. The validation system built into the invoice registration portal will disallow the user from reporting the invoice after the 7-day window. Hence, it is essential for taxpayers to ensure that they report the invoice within the 7-day window provided by the new time limit.

  It is further to clarify that there will be no such reporting restriction on taxpayers with AATO less than 100 crores, as of now.

  In order to provide sufficient time for taxpayers to comply with this requirement, which may require changes to your systems, we propose to implement it from 01.05.2023 onwards.

Click to view / Download Updated GSTN Advisory - Time limit for Reporting of E-Invoices

Date : 15/04/2023

CBIC - CGST Notification issued on 31/03/2023

S.No.

Notification No.

Date

Subject

1.

02/2023 – Central Tax

31/03/2023

Amnesty to GSTR-4 non-filers

2.

03/2023 – Central Tax

31/03/2023

Extension of time limit for application for revocation of cancellation of registration

3.

04/2023 – Central Tax

31/03/2023

Amendment in CGST Rules

4.

05/2023 – Central Tax

31/03/2023

Seeks to amend Notification No. 27/2022 dated 26.12.2022

5.

06/2023 – Central Tax

31/03/2023

Amnesty scheme for deemed withdrawal of assessment orders issued under Section 62

6.

07/2023 – Central Tax

31/03/2023

Rationalisation of late fee for GSTR-9 and Amnesty to GSTR-9 non-filers

7.

08/2023 – Central Tax

31/03/2023

Amnesty to GSTR-10 non-filers

8.

09/2023 – Central Tax

31/03/2023

Extension of limitation under Section 168A of CGST Act

CBIC - Compensation Cess Rate Notification issued on 31/03/2023

Seeks to further amend notification No. 1/2017-Compensation Cess (Rate), dated 28th June, 2017.

Click to view / download Notification

CBIC - Compensation Cess Notification issued on 31/03/2023

Seeks to provide commencement date for Section 163 of the Finance act, 2023

Click to view / download Notification

Date : 01/04/2023

CBIC - CGST Circular issued on 27/03/2023

GST rate and classification of ‘Rab’ with effect from 01/03/2023 based on the recommendation of the GST Council in its 49th meeting held on 18th February 2023 clarified.

Click to view / download Circular

Date : 28/03/2023

GST e-invoice System – e-Invoice Mandatory Reporting of 6-digit HSN Codes

The e-invoice System is for GST registered persons for uploading all the B2B invoices to the Invoice Registration Portal (IRP). The IRP generates and returns a unique Invoice Reference Number (IRN), digitally signed e-invoice and QR code to the user.

As per the Notification No.78/2020 — Central Tax dated 15th October, 2020 it is mandatory for the taxpayers to mention 6-digit HSN Codes for their outward supplies having AATO more than RS 5 Crores.

After a few weeks of time, e-Invoice System will not accept 4-digit HSN codes. The date for blocking e-Invoice generation having HSN code as 4-digits will be intimated shortly in the portal.

The Portal further instructed the stakeholders to make necessary changes in the tax payers’ system to report 6-digit HSN codes to e-Invoice Portal and comply with the notification.

Concerned parties may verify their HSN codes in the (https://einvoice1.gst.gov.in) portal under Codes and also test in the sandbox system (https://einv-apisandbox.nic.in).

In case the 6 digit HSN code is not available, they may raise a ticket at Helpdesk so that it can be included in the system.

Date : 10/03/2023

CBIC - CGST Rate Notification issued on 28/02/2023

S.No.

Notification No.

Date

Subject

1.

01/2023 – Central Tax (Rate)

28/02/2023

Seeks to extend exemption to any authority, board or body set up by the Central Government or State Government including National Testing Agency for conduct of entrance examination for admission to educational institutions shall be treated as educational institution by way of inserting an explanation in Notn. No. 12/2017 CT(Rate) as recommended by GST Council in its 49th meeting held on 18.02.2023

2.

02/2023 – Central Tax (Rate)

28/02/2023

Seeks to amend notification No. 13/2017- Central Tax (Rate) by extending the RCM liability to Courts and Tribunals as recommended by GST Council in its 49th meeting held on 18.02.2023.

3.

03/2023 – Central Tax (Rate)

28/02/2023

The GST rate of Jaggery and Pencil Sharpeners giving effect to the recommendation of GST Council in its 49th meeting held on 18.02.2023.

4.

04/2023 – Central Tax (Rate)

28/02/2023

This Notn. exempts Rab other than pre-packaged or labelled giving effect to the decision taken in 49th meeting of GST council

CBIC - IGST Rate Notification issued on 28/02/2023

S.No.

Notification No.

Date

Subject

1.

01/2022 – Integrated Tax (Rate)

28/02/2023

Seeks to extend exemption to any authority, board or body set up by the Central Government or State Government including National Testing Agency for conduct of entrance examination for admission to educational institutions shall be treated as educational institution by way of inserting an explanation in Notn. No. 09/2017 IT(Rate) as recommended by GST Council in its 49th meeting held on 18.02.2023

2.

02/2023 – Integrated Tax (Rate)

28/02/2023

Seeks to amend notification No. 10/2017- Integrated Tax (Rate) by extending the RCM liability to Courts and Tribunals as recommended by GST Council in its 49th meeting held on 18.02.2023.

3.

03/2023 – Integrated Tax (Rate)

28/02/2023

The GST rate of Jaggery and Pencil Sharpeners giving effect to the recommendation of GST Council in its 49th meeting held on 18.02.2023.

4.

04/2023 – Integrated Tax (Rate)

28/02/2023

This Notn. exempts Rab other than pre-packaged or labelled giving effect to the decision taken in 49th meeting of GST council

Click to view / download Notification

CBIC - Compensation Cess Rate Notification issued on 28/02/2023

Seeks to amend notification no. 1/2017- Compensation Cess (Rate), dated 28.06.2017.

Click to view / download Notification

Date : 02/03/2023

GSTN – Introduction of Negative Values in Table 4 of GSTR-3B

GSTN has introduced negative values in Table 4 of GSTR-3B returns from January, 2023 period onwards and shall be applicable from tax period January, 2023 onwards.

CBIC vide Notification No. 14/2022 – Central Tax dated 05th July, 2022 had notified few changes in Table 4 of Form GSTR-3B for enabling taxpayers to report correct information regarding ITC availed, ITC reversal and ineligible ITC in Table 4 of GSTR-3B. According to the changes, the net ITC is to be reported in Table 4(A) and ITC reversal, if any, is to be reported in Table 4(B) of GSTR-3B.

Following changes have been made in the GST Portal :

  The impact of credit note & their amendments will now be auto-populated in Table 4(A) instead of Table 4(B) of GSTR-3B . In case the value of credit notes becomes higher than sum of invoices and debit notes put together, then the net ITC would become negative and the taxpayers will be allowed to report negative values in Table-4A. Also, taxpayers can now enter negative values in Table 4D(2) of GSTR-3B.

  Consequent updates/ modification in the advisory, messages, instructions, and help-text in form GSTR-2B, without any structural changes in form GSTR-2B summary or tables have also been done in GSTR-2B.

  The calculation logic of Comparison Report has also been changed accordingly.

Click to view / download – GSTN – Introduction of Negative Value in Table 4 of GSTR-3B

Date : 23/02/2023

GST Council Meeting - February 18, 2023

Union Finance Minister Nirmala Sitaraman chaired the 49th meeting of the GST Council was held on 18th February, 2023 at Vigyan Bhawan, New Delhi. The matters discussed in the meeting and the recommendations of the council are as given hereunder:

GST Compensation Dues

Government of India has decided to clear the entire pending balance GST compensation of Rs. 16,982 crore for June’2022 from its own resources and the same will be recouped from the future compensation cess collection. In addition, Centre would also clear the admissible final GST compensation to those States who has provided the revenue figures as certified by the Accountant General of the States amounting to Rs. 16,524 crore.

GST Appellate Tribunal

The Council adopted the report of Group of Ministers with certain modifications. The final draft amendments to the GST laws shall be circulated to Members for their comments. The Chairperson has been authorised to finalise the same.

Approval of the Report of GoM on Capacity Based Taxation and Special Composition Scheme in certain Sectors on GST

With a view to plug the leakages and improve the revenue collection from the commodities like pan masala, gutkha, chewing tobacco, the Council approved the recommendations of the GoM including, inter alia, that

  The capacity based levy not to be prescribed;

  Compliance and tracking measures to be taken to plug leakages/evasions;

  Exports of such commodities to be allowed only against LUT with consequential refund of accumulated ITC;

  Compensation cess levied on such commodities to be changed from ad valorem to specific tax based levy to boost the first stage collection of the revenue.

Recommendations relating to GST rates on Goods

  For ‘Rab’, the GST rate has been reduced from 12% to 5%. It has also been decided to regularize payment of GST on ‘rab’ during the past period on “as is basis” on account of genuine doubts over its classification and applicable GST rate.

  For Pencil Sharpner, the GST rate has been reduced from 18% to 12%.

  It has been decided to amend Notification No. 104/94-Customs so that if a device such as a tag-tracking device or data logger is already affixed to a container, no separate IGST will be levied.

  The GST Council has amended Entry 41A of Notification No. 1/2017-Compensation Cess (Rate) so that the exemption covers both coal rejects supplied to and by a coal washery.

Recommendations relating to GST rates on Services

  The GST Council has extended the exemption applicable to educational institutions and Central and State educational boards for the conduct of entrance examinations to any authority, board or body set up by the Central or State Government.

  The GST Council has extended the dispensation available to Central and State Governments, Parliament and State Legislatures with regard to payment of GST under the reverse charge mechanism (RCM) to the Courts and Tribunals in respect of taxable services supplied by them such as renting of premises to telecommunication companies for installation of towers, renting of chamber to lawyers etc.

Measures for facilitation of trade

  To make amendments to the GST Act and Rules to extend the time limit for making an application for revocation of cancellation of registration from 30 days to 90 days, with the option of a further extension of up to 180 days. The Council also recommended an amnesty scheme for past cases, where registration has been cancelled on account of non-filing of returns, to allow for the filing of applications for revocation by a specified date.

  To make amendments to section 62 of the GST Act to increase the time period for filing of returns to enable the deemed withdrawal of best judgment assessment orders from 30 days to 60 days, extendable by another 60 days. An amnesty scheme was also recommended for conditional deemed withdrawal of assessment orders in past cases, where the concerned return could not be filed within 30 days of the assessment order, but has been filed along with due interest and late fee up to a specified date.

  Rationalisation of late fee for filing of Annual Returns in Form GSTR-9, with different rates for registered persons having aggregate turnover up to Rs. 5 crore and those with aggregate turnover up to Rs. 20 crore as hereunder from FORM GSTR-9 for FY 2022-23 onwards, as below:

  Registered persons having an aggregate turnover of up to Rs. 5 crores in the said financial year: Rs 50 per day (Rs 25 CGST + Rs 25 SGST), subject to a maximum of an amount calculated at 0.04 per cent. of his turnover in the State or Union territory (0.02% CGST + 0.02% SGST).

  Registered persons having an aggregate turnover of more than Rs. 5 crores and up to Rs. 20 crores in the said financial year: Rs 100 per day (Rs 50 CGST + Rs 50 SGST), subject to a maximum of an amount calculated at 0.04 per cent. of his turnover in the State or Union territory (0.02% CGST + 0.02% SGST)

  To provide relief to a large number of taxpayers in respect of pending returns in Form GSTR-4, FORM GSTR-4, FORM GSTR-9 and FORM GSTR-10 by way of conditional waiver/ reduction of late fee is recommended

  To rationalize the provision of place of supply for services of transportation of goods by deletion of section 13(9) of IGST Act, 2017 so as to provide that the place of supply of services of transportation of goods, in cases where location of supplier of services or location of recipient of services is outside India, shall be the location of the recipient of services.

Click to view / download GST Council Meeting - Press Release

Date : 21/02/2023

To streamline the process of attachment/detachment of the Bank Account of Dealers whose VAT / GST are overdue, under Section 46 / 46A of the e DVAT Act, 2004 and Sections, 78,79 & 83 of the DGST Act, 2017 , DEPARTMENT OF TRADE AND TAXES. NCT, Delhi has issued this Standard Operating Procedure (SOP).

  Approval of the Commissioner, Trade & Taxes is mandatory before attachment/detachment of bank account of erring dealers.

  The letter must be in the prescribed format indicating the name, E-mail and mobile no. of the Ward In-charge/Proper Officer who is sending the said letter.

  The Ward In-charge/Proper Officer shall also send an email from his official email-ID to the Bank Manager of the respective Bank.

  The Ward Officer should specifically mention in the letter of detachment that in case any clarification/confirmation is needed by the bank before detaching the bank account, the same can be sought from the specified Nodal Officer.

Click to view / download DVAT - SOP

Date : 11/02/2023

In this Circular it is clarified that the following services are not taxable

  Accommodation services provided by Air Force Mess and other similar messes, such as, Army mess, Navy mess, Paramilitary and Police forces mess to their personnel or any person other than a business entity are covered by Sl. No. 6 of notification No. 12/2017 – Central Tax (Rate) dated 28.06.2017 provided the services supplied by such messes qualify to be considered as services supplied by Central Government, State Government, Union Territory or local authority.

  Incentives paid by MeitY to acquiring banks under the Incentive scheme for promotion of RuPay Debit Cards and low value BHIM-UPI transactions are in the nature of subsidy and thus not taxable.

Click to view / download Circular

Clarifications, with reference to GST levy, related to the following goods are being issued through this circular on the basis of recommendation of GST Council 48th Meeting:

  Rab is classifiable under heading 1702 attracting GST rate of 18% vide S. No. 11 in Schedule III of notification No. 1/2017-Central Tax (Rate), dated the 28th June, 2017.

  with effect from the 1st January, 2023, the by-products of milling of Dal/ Pulses such as Chilka, Khanda and Churi/Chuni shall be exempt under GST vide S. No. 102C of notification No. 2/2017- Central Tax (Rate), dated 28.06.2017. The intervening period i.e from the date of issuance of Circular No. 179/11/2022-GST, dated the 3rd August, 2022, till the date of coming into force of the above-said S. No. 102C and the entries relating thereto are regularized on "as is" basis.

  The applicable six-digit HS code for ‘Carbonated Beverages of Fruit Drink’ or ‘Carbonated Beverages with Fruit Juice’ is HS 2202 99. The said goods attract GST at the rate of 28% and Compensation Cess at the rate of 12%. The S. Nos. 12B and 4B mentioned in Para 4.2 cover all such carbonated beverages that contain carbon dioxide, irrespective of whether the carbon dioxide is added as a preservative, additive, etc. In order to bring absolute clarity, an exclusion for the above-said goods has been provided in the entry at S. No. 48 of Schedule-II of notification No. 1/2017-Central Tax (Rate), dated 28th June, 2017, vide notification No. 12/2022-Central Tax (Rate), dated the 30th December, 2022.

  The snack pellets (such as ‘fryums’), which are manufactured through the process of extrusion, are appropriately classifiable under tariff item 1905 90 30, which covers goods with description ‘Extruded or expanded products, savoury or salted’, and attract GST at the rate of 18% vide S. No. 16 of Schedule-III of notification No. 1/2017-Central Tax (Rate), dated the 28th June, 2017.

  Compensation Cess at the rate of 22% is applicable on Motor vehicles, falling under heading 8703, which satisfy all four specifications, namely: -these are popularly known as SUVs; the engine capacity exceeds 1,500 cc; the length exceeds 4,000 mm; and the ground clearance is 170 mm and above.

  On goods specified in the list annexed to the notification No. 3/2017-Integrated Tax (Rate), dated the 28th June, 2017, which are eligible for IGST rate of 12% under the said notification and are also eligible for the benefit of lower rate under Schedule I of the notification No. 1/2017-Integrated Tax (Rate), dated the 28th June, 2017 or any other IGST rate notification, the importer can claim the benefit of the lower rate.

Click to view / download Circular

Date : 18/01/2023

CBIC - CGST Notification issued on 04/01/2023

Notification issued for assigning powers of Superintendent of central tax to Additional Assistant Directors in DGGI, DGGST and DG Audit.

Click to view / download Notification

Date : 06/01/2023