Changes in CGST Rules vide Notification dated 22/12/2020

Introduced additional requirements for registration:

√ biometric based Aadhaar authentication and taking photograph unless specifically exempted à Where applicant has opted for authentication of Aadhaar number

√  taking biometric information, photograph and verification of such other KYC documents, as notified, unless specifically exempted à Where applicant has opted not to get Aadhaar authentication done

⇒ The application shall be deemed to be complete only after completion of the process laid down above.

√ Increased the time limit for verification of registration application and issue of notice in Form GST REG-03 from 3 working days to 7 working days.

√ Where the applicant does not do Aadhar Authentication or where the Department feels fit to carry out physical verification of places of business, time limit for grant of registration increased from 7 to 30 days.

√ If input tax credit (“ITC”) is availed in violation of Section 16 of the CGST Act, 2017 (“CGST Act”) or rules made thereunder;

√ If outward tax liability declared in GSTR-3B is lesser than the outward tax liability declared in GSTR-1 for one or more tax periods;

√ If violates newly inserted Rule 86B of the CGST Rules.

√ No opportunity of being heard would be given to the taxpayer for suspension of registration.

√ If significant anomalies are found between GSTR-3B and details of outward supplies furnished in GSTR-1 or inward supplies derived based on the details of outward supplies furnished by his suppliers in their GSTR-1 à Serve SCN notice in Form GST REG 31 (New form introduced) – Rule 21A(2A)

√ No refund u/s 54 of the CGST Act during the period of suspension of registration.

√Allowed proper officer to revoke suspension of registration anytime during the pendency of the proceedings for cancellation.

√ Registration can be cancelled within a period of 30 days from the date of reply to SCN issued under newly inserted sub-rule (2A) of Rule 21A

[i.e., in cases where comparison of the returns (GSTR-3B and GSTR-1) furnished by a registered person shows the significant differences or anomalies].

√ Drop the proceedings of cancellation of registration if satisfied by the reply of SCN issued under Rule 21A(2A) of the CGST Rules and pass order in Form GST REG-20.

√ Restriction of claim of ITC in respect of invoices/debit notes not furnished by the suppliers has now been reduced from 10% to 5% of the credit available in GSTR-2B.

√ Non-filing of GSTR-3B for preceding two months/ preceding tax period will result in blocking of GSTR-1

√ Registered person restricted to use ITC to discharge his liability towards tax in excess of 99% of such tax liability as per newly inserted Rule 86Bà cannot file GSTR-1 or use invoice furnishing facility (“IFF”), if he has not filed GSTR-3B for the preceding tax period

Note: Rule 59 of the CGST Rules is already substituted vide Notification No. 82/2020-Central Tax dated November 10, 2020, which is going to be effective from January 1, 2021. Therefore, there is apparent mistake or it is not clear that what will be correct provisions under Rule 59(5) of the CGST Rules, w.e.f. January 1, 2021.

√ Where taxable supply other than exempt supply and export, in a month exceeds INR 50 lakh.

√ Taxpayer is not allowed to use ITC in excess of 99% of output tax liability.

√ Specified certain exceptions provided to above restrictions.

√ E-way bill will now be valid for 1 day for every 200 km of travel, as against 100 km earlier, in cases other than Over Dimensional Cargo or multimodal shipment in which at least one leg involves transport by ship.

√ For every 200 km. or part thereof thereafter, one additional day will be allowed.

√ Person whose registration has been suspended would also not be allowed to furnish the information in PART A of FORM GST EWB-01.

√ Registered person other than a person paying tax under composition levy, has not furnished the returns for a consecutive period of two tax periods, then he shall not be allowed to furnish the information in PART A of FORM GST EWB-01.