Consequent to the recommendations made by GST Council in its 42nd meeting held on 5th October,2020 the Govt. has issued a number of notifications giving effect to the recommendations.
The notifications are summarised below-
1. Due dates for filing GSTR1
Those registered persons who are having aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the current financial year shall furnish the details of outward supply of goods or services or both in FORM GSTR-1 under the Central Goods and Services Tax Rules, 2017, effected during the quarter as specified in column (2) of the Table below-
|Sl. No.||Quarter for which details in FORM GSTR-1 are furnished||Time period for furnishing details in FORM GSTR-1|
|1.||October, 2020 to December, 2020||13th January, 2021|
|2.||January, 2021 to March, 2021||13th April, 2021|
Those registered persons who are having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or the current financial year shall furnish the details of outward supply of goods or services or both in FORM GSTR-1 under the Central Goods and Services Tax Rules, 2017, for each of the months from October, 2020 to March, 2021 till the eleventh day (11th) of the month succeeding such month.
3. Due dates for filing GSTR3B
The return in FORM GSTR-3B and payment of tax,interest,penalty for each of the months from October, 2020 to March, 2021 shall be furnished electronically through the common portal, on or before the twentieth day (20th) of the month succeeding such month.
Taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep shall file the return in FORM GSTR-3B of the said rules and payment of tax,interest,penalty,fees for the months of October, 2020 to March, 2021 by 22nd of the succeeding month.
Taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi, shall file the return in FORM GSTR-3B of the said rules and payment of tax,interest,penalty,fees for the months of October, 2020 to March, 2021 by 24th of the succeeding month.
Comments: Para 4 of the Press release of 42ns GST council’s meeting states “As a further step towards reducing the compliance burden particularly on the small taxpayers having aggregate annual turnover < Rs. 5 cr., the Council’s earlier recommendation of allowing filing of returns on a quarterly basis with monthly payments by such taxpayers to be implemented w.e.f. 01.01.2021. Such quarterly taxpayers would, for the first two months of the quarter, have an option to pay 35% of the net cash tax liability of the last quarter using an auto generated challan.”
The above notification is silent on filing of GSTR3B return quarterly from 1st January 2021 at payment of tax for small tax payers.
3. Annual Return filing optional for taxpayers with Aggregate turnover up to Rs.2 cr.
Those registered persons whose aggregate turnover in a financial year does not exceed two crore rupees and who have not furnished the annual return (under sub-section (1) of section 44) in respect of financial years 2017-18,2018-19 and 2019-20 shall have the option to furnish the annual return.
Provided that the said return shall be deemed to be furnished on the due date if it has not been furnished before the due date.
4. Requirement of mentioning HSN code in Tax invoices
The HSN code to be mentioned in the Tax invoice issued under rule 46 shall be as under from 1st April,2021.
|Serial Number||Annual Turnover in the preceding Financial Year Number||Digits of HSN Code|
|1.||Up to rupees five crores
(a) supplies made to registered persons
(b) supplies made to unregistered persons
May not mention 4 digits
|2.||more than rupees five crores||6|
Similar changes have been notified under IGST- Notification No. 06/2020–Integrated Tax dated 15.10.2020.
Amendments in CGST Rules,2017 w.e.f. 15.10.2017:
5. NIL Returns GSTR1,GSTR3B,GST-CMP08 through SMS
Rule 67A- NIL returns –If registered person has to file NIL return in FORM GSTR-3B or FORM GSTR-1 or FORM GST- CMP-08 for any tax period then he can file these returns through SMS from his registered Mobile number and such return shall be verified with OTP on his registered mobile number.
6. Taxpayers with Aggregate turnover up to Rs.5 cr. not compulsory to get GST audit done and file Form9C.
Rule 80(3)- The requirements of GST audit and filing GSTR-9C for the FY 2018-19 and 2019-20 is applicable only for those registered persons whose aggregate turnover exceeds five crore rupees. So now the GST audit for the year 2018-19 and 2019-20 is not compulsory for registered persons with aggregate turnover of up to Rs. 5 crores.
7. Blocking of E-waybills
Rule 138E – The restriction of blocking of E-waybills will not apply during the period from the 20th day of March, 2020 till the 15th day of October, 2020 in case where the return in FORM GSTR-3B or the statement of outward supplies in FORM GSTR-1 or the statement in FORM GST CMP-08, as the case may be, has not been furnished for the period February, 2020 to August, 2020.
This means from 16th October,2020 the blocking of e-waybills will be applicable if the GSTR3B or GST CMP08 is not filed for the 2 successive tax periods.
8. Changes in GSTR-1 format
In the Table 12 for HSN-wise summary of outward supplies- Column 6 will be of “Rate of Tax” instead of “Total Value”.
9. All new GSTR2A
New Format of GSTR2A has been introduced which is given below link. Now it will pick up outward supply details from GSTR 5, GSTR-6, GSTR-7, GSTR-8, import of goods and inward supplies of goods received from SEZ units / developers. These details will be auto-populated. It will also include details of inward supplies attracting reverse charge and TDS/TCS credits received. The details will have amendments shown separately in respect of each type of inward supply. However, it does not seem to have details of import of services.
Please also read table wise explanatory notes given at the end the format.
It will be real time dynamic statement means as soon as any change happens in input supplies the GSTR2A will immediately capture all such changes.
10. Changes in GSTR5
Following changes have been made in the Format of GSTR5
(i). in the table, – (a) in serial number 2, after entry (c), the following entries shall be inserted, namely: –
|(e)||Date of ARN||Auto Populated.|
in serial number 10, – A. the heading “Total tax liability” will be changed to “Total tax liability” “(including reverse charge liability, if any)”
After serial number 10B, the below will be added-
|“10C. On account of inward supplies liable to reverse charge|
in the instructions, –
(a) for paragraph 7, the following paragraph shall be substituted, namely: – “7. Invoice-level information, rate-wise, pertaining to the tax period should be reported as under: (i.) for all B to B supplies (whether inter-State or intra-State), invoice level details should be uploaded in Table 5; (ii.) for all inter-state B to C supplies, where invoice value is more than Rs. 2,50,000/- (B to C Large) invoice level detail to be provided in Table 6; and (iii.) for all B to C supplies, other than those reported in table 6, shall be reported in Table 7 providing State-wise summary of such supplies.”;
(b) in paragraph 8, in clause (ii), after the words, “invoice value is more than”, the word “rupees”, shall be inserted;
(c) for paragraph 10, the following paragraph shall be substituted, namely: –
“10. Table 10 consists of tax liability on account of outward supplies declared in the current tax period and negative ITC on account of amendment to import of goods in the current tax period. Inward supplies attracting reverse charge shall be reported in Part C of the table.”.
11. Changes in GSTR5A
Following changes have been made in FORM GSTR-5A, –
“6. Calculation of interest, or any other amount
(Amount in Rupees)
|Sr. No.||Description||Place of supply (State/UT)||Amount due (Interest/ Other)|
(iii). for serial number 7, the following shall be substituted, namely: –
“7. Tax, interest and any other amount payable and paid-
(Amount in Rupees)
|Sr. No||Description||Amount payable||Debit entry no.||Amount paid|
|Integrated tax||Cess||Integrated tax||Cess|
|1.||Tax Liability (based on Table 5 & 5A)|
|2.||Interest (based on Table 6)|
|3.||Others (based on Table 6)|
12. Changes in Form GSTR9
Changes in GSTR9-
1. In case of Tables 6B, 6C, 6D& 6E, ITC pertaining to capital goods to be shown separately for F.Y 2019-20.Inputs and input services may be clubbed.
2. In the Tables, 4, 5, 6 and 7, the taxpayers shall report the values pertaining to the financial year only. The value pertaining to the preceding financial year shall not be reported here.
3. For FY 2019-20, it may be noted that the details from FORM GSTR-2A generated as on the 1st November, 2020 shall be auto-populated in this table
13. Changes in GSTR9C
All the changes and relaxations in various information for the years 2017-18 and 2018-19 have been extended to the year 2019-20 also.
14. Changes in DRC Forms have been made to add separate column of “Fee”.- ASMT-16,DRC01,DRC02,DRC07,DRC08,DRC09,DRC24 and DRC25.
Disclaimer– Views are strictly personal
Author is a member of The Institute of Chartered Accountants of India