GST portal introduced the Electronic Credit and Re-claimed Statement to assist taxpayers in accurately tracking ITC reversal and reclamation, minimizing errors in reporting.
GSTN Advisory on Date extension for reporting opening balance for ITC reversal
GST portal introduced the Electronic Credit and Re-claimed Statement to assist taxpayers in accurately tracking ITC reversal and reclamation, minimizing errors in reporting.
Taxpayers can now declare their opening balance for ITC reversal until January 31, 2024,
After declaring the opening balance, only three chances will be provided for amendments in case of inaccuracies or mistakes in reporting.
Taxpayers can amend their declared opening balance for ITC reversal until February 29, 2024
Click to view / Download Advisory
Date : 29/12/2023
CGST Notification - Extension of Time Limits
Seeks to extend dates of specified compliances in exercise of powers under section 168A of CGST Act
Click to view / Download Notification
Date : 28/12/2023
CGST Notification - Extension of GSTR-3B Filing Deadline for November 2023 in Select Tamil Nadu Districts
The due date for filing the GSTR 3B return of November 2023 for registered persons whose principal place of business is in the districts of Chennai, Tiruvallur, Chengalpattu, and Kancheepuram in the state of Tamil Nadu is extended to 27/12/2023.
Click to view / Download Notification
Date : 20/12/2023
GSTN Advisory on Two-factor Authentication for GST portal login
After successful rollout of Two Factor Authentication (2FA) feature for GST portal login in Haryana Govt. is planning to extend 2FA to Punjab, Chandigarh, Uttarakhand, Rajasthan, and Delhi in the 1st phase. Planned rollout for all states in India in the 2nd phase.
Taxpayers required to enter user ID and password, followed by a one-time password (OTP) delivered to the Primary Authorized Signatory's mobile number and email and therefore Taxpayers to maintain updated email and mobile number of the authorized signatory on the GST Portal.
OTP entry will be required only when changing system (desktop/laptop/browser) or location.
Rollout of 2FA solution scheduled to commence on December 1st, 2023.
Click to view / Download Advisory
Date : 01/12/2023
CBIC - CGST Notification Issued on 02/11/2023
This notification has been issued for notifying the Amnesty Scheme for condonation of delay in filing GST Appeals on the recommendations of the Council. The salient features and specified conditions to be complied with to avail the scheme are:
This scheme applies to the order passed by the proper officer under Sec. 73 or 74 of the GST Act on or before 31/03/2023 and in respect of the Appeal rejected solely on the grounds of time-bar / delay.
Admitted tax / interest / penalty /fine/ fee should have been paid.
12.5% of the balance tax should have been deposited and also at least twenty percent of such deposit should have been paid by debiting from the Electronic Cash Ledger.
No refund of excess amount if any deposited would be paid till disposal of the appeal.
No appeal under this notification shall be admissible in respect of a demand not involving tax.
Click to view / Download Notification
Date : 03/11/2023
CBIC - CGST Circular Issued on 31/10/2023
|
S.No. |
Circular No. |
Date |
Subject |
|
1. |
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. |
|
|
2. |
31/10/2023 |
Clarifications regarding applicability of GST on certain services. |
Click to view / Download Circular
Date : 01/11/2023
52nd GST Council Meeting - October 07, 2023
 |
Union Finance Minister Nirmala Sitaraman chaired the 52nd
meeting of the GST Council held on 07th
October, 2023 at New Delhi. The matters discussed in the meeting and the recommendations of the council are summarised hereunder:
I. Recommended Changes in GST Tax Rates
(a) Proposed Reduction in GST rates in Goods
|
HSN |
Description of Goods |
Existing Rate |
Recommended Rate |
Condition |
|
1901 |
Food preparation of millet flour in powder form containing at least 70% millets by weight (a) If sold other than in pre-packaged and labelled form or loose form (b) If sold in pre-packaged and labelled form |
5% |
Nil
5% |
Recommended Rate
|
|
5605 |
Imitation zari thread or yarn made out of mettallised polyester film / plastic film |
12% |
5% |
However, no refund will be allowed on polyester film (metallised) /plastic film on account of inversion. |
|
1703 |
Molasses |
28% |
5% |
|
|
The GST rate notification will be amended to create an entry forExtra Neutral Alcohol(ENA) for industrial use attracting 18% GST while keeping ENA used for manufacture of alcoholic liquor out of GT ambit. |
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II. Recommendations relating to GST rates on Services
To clarify that job work services for processing of barley into malt attracts GST @ 5% as applicable to "job work in relation to food and food products” and not 18%
To tax supply of all goods and services by Indian Railways under Forward ChargeMechanism to enable them to avail ITC.
With effect from 1st January 2022, liability to pay GST on bus transportation services supplied through Electronic Commerce Operators (ECOs) has been placed on the ECO under section 9(5) of CGST Act, 2017 as a trade facilitation measure to alienate the GST compliance burden on small bus operators. Now it has been recommended that bus operators organised as companies may be excluded from the purview of section 9(5) of CGST Act, 2017 to enable them to pay GST on their supplies using their ITC
Entries at Sl. No. 3 and 3A of notification No. 12/2017-CTR dated 28.06.2017 exempts pure and composite services provided to Central/State/UT governments and local authorities in relation to any function entrusted to Panchayat/ Municipality under Article 243G and 243W of the Constitution of India. The GST Council has now recommended to extent the exemption to services of water supply, public health, sanitation conservancy, solid waste management and slum improvement and upgradation supplied to Governmental Authorities also.
III. Measures for facilitation of trade:
The Council has recommended providing an amnesty scheme through a special procedure under section 148 of CGST Act, 2017 for taxable persons, who could not file an appeal under section 107 of the said Act, against the demand order under section 73 or 74 of CGST Act, 2017 passed on or before the 31st day of March, 2023, or whose appeal against the said order was rejected solely on the grounds that the said appeal was not filed within the time period specified in sub-section (1) of section 107. In all such cases, filing of appeal by the taxpayers will be allowed against such orders upto 31st January 2024, subject to the condition of payment of an amount of pre-deposit of 12.5% of the tax under dispute, out of which at least 20% (i.e. 2.5% of the tax under dispute) should be debited from Electronic Cash Ledger
The Council has recommended to issue a circular clarifying that :
(a) when no consideration is paid by the company to the director in any form, directly or indirectly, for providing personal guarantee to the bank/ financial institutes on their behalf, the open market value of the said transaction/ supply may be treated as zero and hence, no tax to be payable in respect of such supply of services.
(b) to insert sub-rule (2) in Rule 28 of CGST Rules, 2017, to provide for taxable value of supply of corporate guarantee provided between related parties as one per cent of the amount of such guarantee offered, or the actual consideration, whichever is higher.
(c) to clarify through the circular that after the insertion of the said sub-rule, the value of such supply of services of corporate guarantee provided between related parties would be governed by the proposed sub-rule (2) of rule 28 of CGST Rules, 2017, irrespective of whether full ITC is available to the recipient of services or not.
Further Trade facilitation measures recommended by the Council:
To amend sub-rule (2) of Rule 159 of CGST Rules, 2017 and FORM GST DRC-22to provide that the order for provisional attachment in FORM GST DRC-22shall not be valid after expiry of one year from the date of the said order to facilitate release of provisionally attached properties after expiry of period of one year, without need for separate specific written order from the Commissioner.
To issue a Circular to clarify the place of supply in respect of the following supply of services:
(i) Supply of service of transportation of goods, including by mail or courier, in cases where the location of supplier or the location of recipient of services is outside India;
(ii) Supply of advertising services;
(iii) Supply of the co-location services.
To clarify that export remittances received in Special INR Vostro account, as permitted by RBI, for the purpose of consideration of supply of services will qualify as export of services in terms of the provisions of sub-clause (iv) of clause (6) of section 2 of the IGST Act, 2017
To give clarification regarding admissibility of refund in cases where export of goods, or the realization of payment for export of services, as the case may be, is made after the time limit provided under rule 96A of CGST Rules, 2017.
To amend Notification No. 1/2023-Integrated Tax dated 31.07.2023 w.e.f. 01.10.2023 so as to allow the suppliers to a Special Economic Zone developer or a Special Economic Zone unit for authorised operations to make supply of goods or services (except the commodities like pan masala, tobacco, gutkha, etc. mentioned in the Notification No. 1/2023-Integrated Tax dated 31.07.2023) to the Special Economic Zone developer or the Special Economic Zone unit for authorised operations on payment of integrated tax and claim the refund of tax so paid.
IV. Other measures pertaining to law and procedures recommended:
To bring suitable amendments in section 110 of the CGST Act, 2017 for Alignment of provisions of the CGST Act, 2017 with the provisions of the Tribunal reforms Act, 2021 in respect of Appointment of President and Member of the proposed GST Appellate Tribunals.
To bring amendments in Section 2(61) and section 20 of CGST Act, 2017 as well amendment in rule 39 of CGST Rules, 2017 to the effect that ISD (Input Service Distributor) procedure as laiddown in Section 20 of the CGST Act, 2017 may be made mandatory prospectively for distribution of ITC inrespect of input services procured by Head Office (HO) from a third party but attributable to both HO andBranch Office (BO) or exclusively to one or more BOs.
Click to view / Download GST Council Meeting - Press Release
Image Source: money control /PIB
Date : 09/10/2023
CBIC - IGST Notification Issued on 29/09/2023
|
S.No. |
Notification No. |
Date |
Subject |
|
1. |
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. |
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|
2. |
29/09/2023 |
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 | |
|
3. |
29/09/2023 |
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. |
Click to view / Download Notification
Date : 02/10/2023
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.
Click to view / Download Notification
Date : 02/10/2023
CBIC - IGST Notification Issued on 26/09/2023
|
S.No. |
Notification No. |
Date |
Subject |
|
1. |
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. |
|
|
2. |
26/09/2023 |
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. | |
|
3. |
26/09/2023 |
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. |
Click to view / Download Notification
Date : 27/09/2023
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.
Click to view / Download Notification
Date : 27/09/2023
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.
Click to view / Download Advisory
Date : 21/09/2023
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.
Click to view / Download Notification
Date : 20/09/2023
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 .
Click to view / Download Advisory
Date : 13/09/2023
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.
Click to view / Download Advisory
Date : 12/09/2023
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
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|
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 or amount 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.
Click to view / Download Notification
Image Source: money control /PIB
Date : 08/09/2023
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.
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Date : 08/09/2023
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.
Click to view / Download Advisory
Date : 08/09/2023
GSTN Advisory on Electronic Credit Reversal and Re-claimed statement
The government has made changes to Form GSTR-3B, focusing on improving the accuracy of reporting for Input Tax Credit (ITC) availed, reversed, re-claimed, and ineligible ITC through Notification No. 14/2022 – Central Tax, dated July 5, 2022, as explained vide circular 170/02/2022-GST, dated July 6, 2022. As a sequel to this a new ledger namely ‘Electronic Credit and Re-claimed Statement’ is being introduced on the GST portal to help the taxpayers in tracking of their ITC that has been reversed in Table 4B(2) and thereafter re-claimed in Table 4D(1) and 4A(5) for each return period, starting from August 2023 return period
The salient features of this new statement are as under:
Taxpayers having monthly filing frequency are required to report their opening balance considering the ITC reversal done till the return period of July 2023 and the quarterly taxpayers shall report their opening balance up to Q1 of the financial year 2023-24, considering the ITC reversal made till the April-June 2023 return period.
The taxpayers have the opportunity to declare their opening balance for ITC reversal until 30th November 2023 along with three amendment opportunities to correct their opening balance in case of any mistakes or inaccuracies in reporting, until 30th November 2023 and both reporting and amendment facilities are accessible till then
However, after 30th November till 31st December 2023, only amendments will be permitted and the option for fresh reporting will not be available. This amendment facility shall all be discontinued after 31st December 2023.
Click to view / Download Advisory
Date : 01/09/2023
GSTN Advisory for Registration with Biometric-based Aadhaar Authentication
It is stated in the Advisory that the functionality of Biometric-based Aadhaar Authentication is being launched in Puducherry from 30th August, 2023 in the pilot phase.
The procedure explained in the advisory is as follows:
Those applicants who get the link on Mobile & Email ID for Aadhaar Authentication, they can proceed for completing their application as per existing implementation.
For those applicants who get message for visiting GSK, will be required to visit at the designated GSK and get biometric authentication before the TRN expiry date, as detailed in Email, for Biometric-based Aadhaar Authentication process. In this case, Application Reference Number (ARN) will be generated only after the completion of Biometric-based Aadhaar Authentication process.
Click to view / Download Advisory
Date : 30/08/2023
CGST Notification Issued on 25/08/2023
|
S.No. |
Notification No. |
Date |
Subject |
|
1. |
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. |
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|
2. |
25/08/2023 |
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. | |
|
2. |
25/08/2023 |
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. | |
|
2. |
25/08/2023 |
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. |
Click to view / Download Notification
Date : 26/08/2023
CGST (Amendment) Act, 2023
The Central Goods and Services Tax (Amendment) Act, 2023 has been notified on 18/08/2023.
The provisions of the Act will come into effect on a day notified by the Government.
Click to view / Download CGST (Amendment) Act, 2023
IGST (Amendment) Act, 2023
The Integrated Goods and Services Tax (Amendment) Act, 2023 has been notified on 18/08/2023.
The provisions of the Act will come into effect on a day notified by the Government.
Click to view / Download IGST (Amendment) Act, 2023
Date : 22/08/2023
CBIC - CGST Notification Issued on 17/08/2023
|
S.No. |
Notification No. |
Date |
Subject |
|
1. |
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. |
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|
2. |
17/08/2023 |
Common adjudicating authority appointed for the show cause notice issued to M/s United Spirits Ltd. |
Click to view / Download Notification
Date : 18/08/2023
IGST (Amendment) Bill, 2023
The Integrated Goods and Services Tax (Amendment) Bill, 2023 was introduced in Lok Sabha on August 11, 2023. This will come into effect on a day notified by Government by Notification in the Official Gazette.
The highlights of the key amendments proposed in the IGST (Amendment) Bill, 2023 are as follows:
Amendment in Section 2 (Definitions) – To amend Sub-Clause (vii) of Clause 17 to excluded online money gaming as defined in Section 2(80B) of the CGST Act 2017 from the scope of online gaming.s
Amendment in Section 5 (Levy & Collection) – To provide that in case of import of certain notified goods to collect IGST as inter-state supply under Section 5(1) instead of under Customs Act provisions.
Amendment to Section 10 (Place of supply of goods other than supply of goods imported into or exported from India) – It is proposed that in the case of goods supplied to an unregistered person the place of supply will be determined based on the address of that person as recorded in the invoice. If the address is not recorded, the location of the supplier will be considered the place of supply. Further the explanation to the clause clarifies that recording of the State of such unregistered person in the invoice shall deemed to be the address of such person.
It is proposed to insert a new section 14A to deal with online money gaming supplied by foreign entities to individuals in India for the requirements of obtaining a single registration under the Simplified Registration Scheme, payment of Integrated Tax with provisions for blocking public access to related computer resources if there's a failure to comply with registration and tax payment requirements. It also provides for appointment of a representative in the taxable territory if such supplier does not have a physical presence or representative in the taxable territory for payment of IGST.
Click to view / Download IGST (Amendment) Bill, 2023
Date : 17/08/2023
CGST (Amendment) Bill, 2023
The CGST (Amendment) Bill, 2023 was introduced in the Lok Sabha on August 11, 2023. The proposed amendments are as under:
"Online gaming" is defined in section 2 (80A).
"Online money gaming" is defined in section 2 (80B).
"Specified actionable claim" is defined in section 2 (102A).
"Virtual digital asset" is defined in section 2 (117A).
The definition of "supplier" in section 2(105) is modified to provide clarity regarding who would be considered as the supplier in the case of the supply of a specified actionable claim.
Registration is made mandatory under Section 24 for the person supplying online money gaming from a place outside India to a person in India
The entry 'lottery, betting, and gambling' in Schedule III with the words 'specified actionable claims'.
Click to view / Download CGST (Amendment) Bill, 2023
Date : 12/08/2023
CBIC - CGST Notification Issued on 04/08/2023
|
S.No. |
Notification No. |
Date |
Subject |
|
1. |
04/08/2023 |
This notification specifies the special procedure to be followed by the electronic commerce operators in the case of supplies of goods made through them by persons who opt to pay tax under section 10 of the GST Act. (Composition scheme). This procedure comes into effect from 01/10/2023. The procedure is summarized hereunder: 1. The electronic commerce operator is prohibited from allowing any inter-State supply of goods through its platform by the said person 2. The electronic commerce operator must collect tax at source under subsection (1) of section 52 of the GST Act for the supplies of goods made by the said person through its platform. 3. The electronic commerce operator is required to electronically submit the details of supplies of goods made by the said person through its platform in the statement in FORM GSTR-8. |
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|
2. |
04/08/2023 |
This notification, specifies a special procedure for electronic commerce operators who are required to collect tax at source under section 52 of the said Act. This comes into effect from 01/10/2023. The key points of the special procedure are as follows: 1. the electronic commerce operator shall allow the supply of goods through it by the said person only if enrolment number has been allotted on the common portal to the said person; 2. The electronic commerce operator is not allowed to facilitate any inter-State supply of goods through its platform by the said person 3. The electronic commerce operator shall not collect tax at source under sub-section (1) of section 52 in respect of supply of goods made through it by the said person
4. The electronic commerce operator shall furnish the details of supplies of goods made through it by the said person in the statement in FORM GSTR-8 electronically on the common portal.
5. In case Multiple electronic commerce operators are involved in a single supply of goods through e-commerce platform, the term "the electronic commerce operator" shall refer to the operator who finally releases the payment to the said person for the supply made by the said person through that operator.
| |
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3. |
04/08/2023 |
CBIC issues CGST (Second Amendment) Rules, 2023 to implement GST Council recommendations, including revised time for furnishing bank details post-GST registration, physical verification of business premises in certain cases, dealing with the difference in ITC, E way bill requirement for intra-state movement of precious metals like gold etc. |
Click to view / Download Notification
Date : 05/08/2023
CBIC - CGST Circular Issued on 01/08/2023
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S.No. |
Circular No. |
Date |
Subject |
|
1. |
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 |
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|
2. |
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. |
31/07/2023 |
Seeks to notify the provisions of section 123 of the Finance Act, 2021 (13 of 2021). |
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2. |
31/07/2023 |
Seeks to notify the provisions of sections 137 to 162 of the Finance Act, 2023 (8 of 2023). |
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3. |
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. |
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4. |
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. |
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5. |
31/07/2023 |
CBIC extends mandatory biometric-based Aadhaar authentication for GST registration in Puducherry also through amending the proviso to Rule 8(4B). |
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6. |
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. |
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7. |
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. |
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8. |
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. |
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9. |
31/07/2023 |
Seeks to amend Notification No. 27/2022 dated 26.12.2022. |
Click to view / Download Notification
Date : 03/08/2023
51st GST Council Meeting - 2nd August 2023
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The Council recommended certain amendments in the CGST Act, 2017 and IGST Act, 2017, including amending Schedule III of CGST Act, to provide further clarity on the taxation of supplies in casinos, horse racing, and online gaming.
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GST on online money gaming services and Casinos A specific provision will be inserted in the IGST Act to impose GST liability on the supply of online money gaming services by a supplier located outside India to a person in India. The supplier can register through a simplified registration scheme for single registration in India. Non-compliance may result in blocking public access to related information hosted on their computer resources. |
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The valuation of supply of online gaming and actionable claims in casinos will be based on the amount paid or payable to the supplier by or on behalf of the player, excluding the amounts entered into games/bets out of winnings of previous games/bets. This valuation method will be used instead of valuing each bet placed individually.
The CGST Rules, 2017, will be amended to insert specific provisions for the valuation of supply of online gaming and supply of actionable claims in casinos.
Efforts will be made to complete the process of making amendments in the Act at the earliest, with the amendments intended to come into effect from 1st October 2023.
These recommendations are aimed at providing clarity and consistency in the taxation of supplies related to casinos, horse racing, and online gaming, and they are expected to be implemented from 1st October 2023.
Click to view / Download GST Council Meeting - Press Release
Image Source: money control /PIB
Date : 03/08/2023
CBIC - CGST Notification Issued on 26/07/2023
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S.No. |
Notification No. |
Date |
Subject |
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1. |
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. |
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2. |
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. |
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3. |
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. |
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4. |
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. |
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5. |
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
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S.No. |
Circular No. |
Date |
Subject |
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1. |
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. |
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2. |
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. |
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3. |
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. |
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4. |
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. |
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5. |
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. |
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6. |
17/07/2023 |
CBIC clarifies on various refund-related issues |
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7. |
17/07/2023 |
CBIC Clarifies on various issues pertaining to e-invoice. |
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8. |
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
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S.No. |
Notification No. |
Date |
Subject |
|
1. |
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. |
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2. |
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. |
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3. |
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. |
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4. |
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. |
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5. |
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. |
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6. |
17/07/2023 |
The time limit for application for revocation of cancellation of registration has been further extended upto August 31, 2023. |
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7. |
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. |
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8. |
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. |
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9. |
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
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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. |
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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.
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S.No. |
Notification No. |
Date |
Subject |
|
1. |
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. |
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2. |
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. |
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3. |
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.
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
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S.No. |
Notification No. |
Date |
Subject |
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1. |
31/03/2023 |
Amnesty to GSTR-4 non-filers |
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2. |
31/03/2023 |
Extension of time limit for application for revocation of cancellation of registration |
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3. |
31/03/2023 |
Amendment in CGST Rules |
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4. |
31/03/2023 |
Seeks to amend Notification No. 27/2022 dated 26.12.2022 |
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5. |
31/03/2023 |
Amnesty scheme for deemed withdrawal of assessment orders issued under Section 62 |
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6. |
31/03/2023 |
Rationalisation of late fee for GSTR-9 and Amnesty to GSTR-9 non-filers |
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7. |
31/03/2023 |
Amnesty to GSTR-10 non-filers |
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8. |
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
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S.No. |
Notification No. |
Date |
Subject |
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1. |
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 |
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2. |
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. |
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3. |
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. |
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4. |
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
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S.No. |
Notification No. |
Date |
Subject |
|
1. |
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 |
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2. |
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. |
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3. |
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. |
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4. |
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.
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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.
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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.
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Date : 06/01/2023
