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GST Updates – 28 June 2019
The Government has issued various notifications, Order and Circulars for implementing the decisions taken in the 35th meeting of the GST Council.
Please find below the key highlights of notifications issued:
| SN | Notification Number | Particulars | Effective date | |
| 1 | Notification No. 31/2019 – Central Tax Dated 28th June 2019 | Rules Amended | Particulars | |
| Rule 10A has been inserted | Taxpayers are required to furnish bank account information on the portal within 45 days of the grant of registration or the due date of GSTR-3B, whichever is earlier. | 28 June 2019 | ||
| Rule 21 has been amended | GST registration is liable to be canceled of a person not furnishing the details required as per Rule 10A referred above | 28 June 2019 | ||
| Rule 32A has been inserted | For the purpose of charging GST, the value of supply of good or services shall not include the value of Kerala Flood Cess charged thereon | 01 July 2019 | ||
| Rule 46 and Rule 49 has been amended | A proviso has been inserted to provide the requirement of Quick Response (QR) code on tax invoice and bill of supply, subject to certain conditions and restrictions, as may be specified | To be notified | ||
| Rule 66(2), 67(2) and 87(9) has been amended | Rules relating to the procedure of claiming TDS / TCS deducted has been amended (refer attached notification for detailed changes) | 28 June 2019 | ||
| Rule 87 has been amended | Sub-rule 13 has been inserted to provide that a registered person can transfer any amount of tax/interest/penalty/fee to any other head in the electronic cash ledger In this regard, form GST PMT-09 has also been introduced | To be notified | ||
| Rule 95A has been inserted | Rule 95A has been inserted to provide the refund mechanism to the retail outlets established in the departure area of an International Airport
In this regard, form GST RFD-10B has also been introduced |
01 July 2019 | ||
| Rule 128, 129, 132 and 133 have been amended | Rules relating to anti-profiteering has been amended, refer para 14-17 of the attached notification for further details | 28 June 2019 | ||
| Rule 138(10) and 138 have been amended |
|
28 June 2019 | ||
| FORM GSTR-9
(Amended) |
Tables of Annual Return has been amended to provide the details from April 2018 to March 2019 instead of April 2018 to September 2018;
Instructions of table 8A has been amended to provide that FORM GSTR-2A generated on 1 May 2019 shall be auto-populated in table 8A |
28 June 2019 | ||
| Amended of GST formats | Following forms are amended:
|
28 June 2019 | ||
| 2 | Notification No. 26/2019 – Central Tax Dated 28th June 2019 | The time limit for furnishing of GSTR-7 for the months of October 2018 to July 2019 has been extended till the 31 August 2019 | 28 June 2019 | |
| 3 | Notification No. 27/2019 – Central Tax Dated 28th June 2019 | The time limit for furnishing of GSTR-1 for the taxpayers having a turnover up to 1.5 crores in current/preceding FY, for the period July to September 2019 has been extended till 31 October 2019 | 28 June 2019 | |
| 4 | Notification No. 28/2019 – Central Tax Dated 28th June 2019 | The time limit for furnishing of GSTR-1 for the taxpayers having turnover more than 1.5 crores in current / preceding FY, for the months July to September 2019 has been prescribed as the 11th day of the month succeeding such month | 28 June 2019 | |
| 5 | Notification No. 29/2019 – Central Tax Dated 28th June 2019 | The time limit for furnishing of GSTR-3B, for the months July to September 2019 has been prescribed as the 20th day of the month succeeding such month | 28 June 2019 | |
| 6 | Notification No. 30/2019 – Central Tax Dated 28th June 2019 | Suppliers of Online Information Database Access and Retrieval Services (‘OIDAR services’) has been given exemption from the furnishing of Annual Return / Reconciliation Statement | 28 June 2019 | |
| 7 | Notification No. 32/2019 – Central Tax Dated 28th June 2019 | The time limit for furnishing GST ITC-04, in respect of goods dispatched to a job worker or received from a job worker, during the period from July 2017 to June 2019 has been extended till 31 August 2019 | 28 June 2019 | |
In addition to the above, below the gist of circulars/orders issued by the Government:
| SN | Circular No. | Particulars | |
| 1 | Circular No. 105/24/2019-GST dated 28 June 2019 | Clarification has been issued on various doubts related to the treatment of secondary or post-sales discounts under GST | |
| Doubts | Clarification | ||
| Value of supply: Post-sale discount given by the supplier of goods to the dealer without any further obligation or action required at the dealer’s end | Such discount is related to the original supply of goods and not to be included in taxable value | ||
| Value of supply: Additional discount given by the supplier of goods to the dealer as a post-sale incentive requiring the dealer to do some activities like undertaking special sales drive, advertisement campaign, exhibition, etc. | This will be treated as a separate transaction and the discount will be treated as consideration for undertaking such activity.
Dealer (supplier of services) would be required to charge applicable GST on the value of such additional discount and the supplier of goods (recipient of services), will be eligible to claim the input tax credit. |
||
| Value of supply: Additional discount by the supplier of goods to the dealer to offer a special reduced price to the customer | Such additional discount represents the consideration flowing from the supplier of goods to the dealer for the supply made by the dealer to the customer.
This additional discount is required to be added while determining the value of supply to be made by the dealer to the customer. The customer, if eligible, can claim the ITC benefit of GST paid on such additional discount. |
||
| ITC reversal: Discounts granted by the supplier but not excluded from the value of supply (commercial/financial credit notes) | The dealer will not be required to reverse ITC attributable to the tax already paid on such post-sale discount received by him through the issuance of financial/commercial credit notes by the supplier of goods. | ||
| 2 | Circular No. 104/23/2019-GST dated 28 June 2019 | Clarification has been issued regarding the processing of refund applications in FORM GST RFD-01A submitted by taxpayers whose jurisdiction has been wrongly mapped on the common portal | |
| 3 | Circular No. 103/22/2019-GST dated 28 June 2019 | Clarification has been issued regarding the determination of place of supply in the following cases:
a) Services provided by Ports b) Services rendered on goods temporarily imported in India |
|
| 4 | Circular No. 102/21/2019-GST dated 28 June 2019 | Clarification has been issued regarding the levy of additional/penal interest on account of delay in payment of EMI | |
| 5 | Removal of Difficulty Order No. 6/2019 dated 28 June 2019 | The due date for annual GST compliances for FY 2017-18 [i.e. submission of Annual returns in FORM GSTR-9, FORM GSTR-9A and reconciliation statement in FORM GSTR-9C (Audit report)] to be extended till August 31, 2019 | |
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Author Bio
Give Examples to explain the post sales discount scenarios. The government should instead try to remove the ambiguity and say that let there be GST on all types of credit notes so that the supplier and receiver are clear of their duties.