Highlights of GST Notifications issued on 31st Mar 2023

Explore the key highlights of GST Notifications issued on March 31, 2023. Learn about late fee waivers, revocation of registration, Aadhaar authentication, and other crucial updates for GST compliance. Stay informed to ensure your business adheres to the latest regulations.

Notification 02/2023 Central Tax dated 31^st March 2023

Late Fee for delay in furnishing GSTR 4

i. GSTR 4 not filed for the quarters from July 2017 to March 2019 or for the FYs from 2019-20 to 2021-22 by the due date but furnished the said return between the period from 1^st April 2023 to 30^th June 2023 (other than NIL Return)

Late Fee restricted to maximum of Rs. 250 CGST & Rs. 250 SGST.

ii.  GSTR 4 not filed for the quarters from July 2017 to March 2019 or for the FYs from 2019-20 to 2021-22 by the due date but furnished the said return between the period from 1^st April 2023 to 30^th June 2023 (NIL Return)

Late Fee fully waived

2. Notification 03/2023 Central Tax dated 31^st March 2023

Revocation of Cancellation of Registration (Suo Moto Cancellation)

In case GST Registration is cancelled by Proper Officer due to failure to

a) Furnish returns for a period beyond 3 months from the due date for furnishing the returns in case of Composition Tax Payer

b) Furnish returns for a continuous tax period as may be prescribed in case of other than Composition Tax Payer

And such person who has failed to apply for revocation of cancellation of such registration within the time period specified in section 30 of CGST Act (30 days from the date of Service of Cancellation Order) shall follow the following special procedure in respect of revocation of cancellation of such registration, namely:-

i) The registered person may apply for revocation of cancellation of such registration up to 30^th June 2023

ii) The application for revocation shall be filed only after furnishing the returns due up to the effective date of cancellation of registration and after payment of any amount due as tax, in terms of such returns, along with any amount payable towards interest, penalty and late fee in respect of such returns;

iii) No further extension of time period for filing application for revocation of cancellation of registration shall be available in such cases.

Explanation

For the purposes of this notification, the person who has failed to apply for revocation of cancellation of registration within the time period specified in section 30 of the CGST Act includes a person whose appeal against the order of cancellation of registration or the order rejecting application for revocation of cancellation of registration under section 107 of the CGST Act has been rejected on the ground of failure to adhere to the time limit specified under section 30(1) of the CGST Act.

3. Notification 04/2023 Central Tax dated 31^st March 2023

Rule 8(4A) of CGST Rules substituted.

Where an applicant, other than a person notified under sub-section  (6D)  of  section  25,  opts  for authentication of Aadhaar number, he shall, while submitting the application under sub-rule (4), undergo authentication of Aadhaar number and the date of submission of the application in such cases shall be

• the date of authentication of the Aadhaar number, or
• fifteen days from the submission of the application in whichever is earlier

Part B of FORM GST REG-01 under sub-rule (4)

Proviso

Every application made under sub-rule (4) by a person, other than a person notified under sub-section (6D) of section 25, who has opted for authentication of Aadhaar number and is identified on the  common  portal,  based  on data  analysis  and  risk  parameters,  shall  be  followed  by  biometric-based Aadhaar authentication and taking photograph of the applicant where the applicant is an individual or of such individuals in relation to the applicant as notified under sub-section (6C) of section 25 where the applicant is not an individual, along with the verification of the original copy of the documents uploaded with  the  application  in  FORM  GST  REG-01  at  one  of  the  Facilitation  Centres  notified  by  the Commissioner for the purpose of this sub-rule and the application shall be deemed to be complete only after completion of the process laid down under this proviso.

(Applicable only for the state of Gujarat)

4. Notification 06/2023 Central Tax dated 31^st March 2023

Section 62 of CGST Act

Registered Persons who failed to furnish a valid return within a period of thirty days from the date of service of assessment order issued on or before the 28^th day of February, 2023 under section 62(1) of the CGST Act, are notified as the classes of registered persons, in respect of whom said assessment order shall be deemed to have been withdrawn, if such registered persons follow the special procedures as specified below, namely;

i. The registered persons shall furnish the said return on or before the 30^th day of June 2023;

ii. The return shall be accompanied by payment of interest due under section 50(1) of the said Act and the late fee payable under section 47 of the CGST Act,

irrespective of whether or not an appeal had been filed against such assessment order under section 107 of the said Act or whether or not the appeal, if any, filed against the said assessment order has been decided.

5. Notification 07/2023 Central Tax dated 31^st March 2023

Amendment in Late fee for Annual Return

The above amount shall be paid separately for CGST and SGST.

Proviso

The registered persons who fail to furnish the return under section 44 of the said Act by the due  date  for any of the  financial years 2017-18, 2018-19, 2019-20, 2020-21 or 2021-22, but furnish the  said return between the period from the 1^st day of April, 2023 to the 30^th day of June, 2023, the total amount of late fee under section 47 of the said Act payable in respect of the said return, shall stand waived which is in excess of ten thousand rupees (CGST & SGST each).

6. Notification 08/2023 Central Tax dated 31^st March 2023

Waiver of Late Fee for failure to furnish Final Return

The Central Government, on the recommendations of the Council, hereby waives the amount of late fee referred to in section 47 of the Act, which is in excess of Rs. 500 CGST & Rs. 500 SGST for the registered persons who fail to furnish the final return in Form GSTR 10 by the due date but furnish the said return between the period from the 1^st day of April 2023 to the 30^th day of June, 2023.

7. Notification 09/2023 Central Tax dated 31^st March 2023

Extension of time limit for issuance of order under section 73(9)

Time Limit for issuance of order under section 73(9) for recovery of

√ Tax not paid or short paid

√  Input Tax Credit wrongly availed or utilised

Is extended as specified below.

For FY 2017-18	Up to the 31st day of Dec 2023
For FY 2018-19	Up to the 31st day of Mar 2024
For FY 2019-20	Up to the 30th day of June 2024

****

Disclaimer: The contents of this article are for information purposes only and does not constitute an advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc before acting on the basis of the above write up.  The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that Author is not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof. This is not any kind of advertisement or solicitation of work by a professional.