A. Gist of Notifications dated September 4th, 2018 issued under Central Goods & Services Tax Act, 2017-

CBIC issued Notification No. Notification No. 39/2018 – Central Tax to Notification No. 42/2018 – Central Tax and notified Annual GST Return 9 for all eligible Taxpayers and 9A for Composition Dealers. In addition to that it extended due date for filing of ITC-04, Waived Late Fees for GSTR-3B, GSTR-4 and GSTR-6 and extended due date for filing of ITC-01 (ITC Eligibility upon withdrawal from composition scheme).

Context Gist
Notification No. 39/2018 – Central Tax
Amendment in Rule 22 of CGST Rules, 2017 Proceedings initiated for cancellation of registration to be dropped
upon furnishing of returns,
payment of applicable tax along with late fees & Interest
in a case where proceeding were initiated on account of on account of not furnishing of return for 3 consecutive tax period/six months for Composition Registered Person & Regular Registered Person respectively.
Amendment in Rule 36 of CGST Rules, 2017 Input Tax Credit (ITC) shall be available if document contains following particulars
i. Amount of Tax charged
ii. Description of Goods or services
iii. Total Value of supply of goods or services or both
iv. GSTIN of supplier & recipient &
v. Place of supply (in case of inter-state supply)
Prior to this amendment ITC was available only when eligible document contains all the particulars as required. e.g. In order to avail ITC a Tax Invoice must contain 17 particulars as enumerated in Rule 46. Now this has been relaxed
Amendment in Rule 138A of CGST Rules, 2017 E-Way Bill to include Bill of Entry details in case of Import; Person in charge of a conveyance to carry a copy of Bill of Entry also
Amendment in Format of ITC-04 Format of ITC-04 (Quarterly return when goods sent on job-work) has been amended to include losses & Waste
FORM – GSTR-9 Notified Much awaited – Format of Annual Return for Regular Registered person has been notified
FORM – GSTR-9A Notified Much awaited – Format of Annual return for person registered under Composition scheme has been notified
Notification No. 40/2018 – Central Tax
Extension for filing of ITC-04 Due date for Quarterly filing of ITC-04 has been extended to September 30th, 2018 for period July 2017 to June 2018 (Earlier due date was 25th day of the month succeeding the said quarter)
Notification No. 41/2018 – Central Tax
Waiver of Late Fees GSTR-3B for the month of October 2017 – in case return submitted but not filed upon generation of ARN
GSTR-4 filed within due date for period October to December 2017 but erroneously levied late fees
GSTR-6 filed for any tax period between January 1st 2018 – January 23rd 2018
Notification No. 42/2018 – Central Tax
Extension for filing of ITC-01 (ITC Eligibility upon withdrawal from composition scheme) Form ITC-01 to be filed within 30 days from date of Notification No. 42/2018
In a case where Registered person who has filed Form GST-CMP-04 between March 2nd 2018 to March 31st 2018

B. Gist of Notifications dated 10th September, 2018 issued under Central Goods & Services Tax (CGST) Act, 2017

CBIC issued Notification No. Notification No. 43/2018 – Central Tax to Notification No. 48/2018 – Central Tax and notified Extension of Due Dates for filing of FORM GSTR-1 and FORM GSTR-3B in certain cases  and also notified that Commissioner is empowered to extend due date of TRAN-01 and TRAN-02 upto a specified period.

Extension of GSTR-01 / GSTR-3B (in specified cases) |TRAN-01 Date may be extended to 31st March 2019
Class of Taxpayer Period Return Type Extension of Date
Notification No. 43/2018 – Central Tax
Taxpayers having aggregate turnover up to Rs 1.5
crores
Regular Registered Person other than specified below For each quarter during
July 2017 to September 2018
GSTR-01 Due date for furnishing has been extended till 31st October, 2018
Registered in state of kerala
Registered person having principle place of business in district Kodagu (Karnataka) & Mahe (U.T. Puducherry)
July – September 2018 GSTR-01 Due date for furnishing has been extended till 15th November, 2018
Persons obtained GSTIN under special scheme for migration as per Notification number -31/2018 -Central Tax July 2017 – September 2018 GSTR-01 Due date is 31st December 2018
Notification No. 44/2018 – Central Tax
Taxpayers having having aggregate turnover more than Rs 1.5 crores Regular Registered Person other than specified below July 2017 – September 2018 GSTR-01 Due date for furnishing has been extended till 31st October, 2018
Persons obtained GSTIN under special scheme for migration as per Notification number -31/2018 -Central Tax July 2017 – November 2018 GSTR-01 Due date is 31st December 2018
Notification No. 45/2018 , Notification No. 46/2018 & Notification No. 47/2018– Central Tax
Persons obtained GSTIN under special scheme for migration as per Notification number -31/2018 -Central Tax July 2017 – November 2018 GSTR-3B Due date is 31st December 2018
Notification No. 48/2018 – Central Tax
Applicable in case of Migrated Persons TRAN-01 Commissioner empowered to extend due date till 31st March, 2019
TRAN-02 Commissioner empowered to extend due date till 30th April 2019
Key provisions to catch
Section 16 (4) of CGST Act, 2017

Input Tax Credit is not available in respect of any invoice after the due date of furnishing of return for the month of September following the end of financial year to which such pertains or Furnishing of Annual return

Furnishing of return has to be planned in light of this provision

The entire contents of this document have been prepared on the basis of short reading of notifications, relevant provisions and as per the information existing at the time of the preparation. I assume no responsibility therefore. In no event, I shall be liable for any direct, indirect, special or incidental damage resulting from, arising out of or in connection with the use of the information.

Table of Recent Notifications

Title Notification No. Date
Extension of Due date of TRAN-1 and TRAN-2- Power of Commissioner Notification No. 48/2018 – Central Tax 10/09/2018
Due date to file FORM GSTR-3B for recently migrated taxpayers Notification No. 47/2018 – Central Tax 10/09/2018
Due date to file FORM GSTR-3B for newly migrated taxpayers Notification No. 46/2018 – Central Tax 10/09/2018
CBIC extends due date for filing of FORM GSTR-3B for newly migrated taxpayers Notification No. 45/2018 – Central Tax 10/09/2018
Extended due date to file Form GSTR-1 if T.O. more than Rs 1.5 crores Notification No. 44/2018 – Central Tax 10/09/2018
Extended due date to file Form GSTR-1 if T.O. up to Rs 1.5 crores Notification No. 43/2018 – Central Tax 10/09/2018
CBIC extends time limit for making declaration in FORM GST ITC-01 Notification No. 42/2018–Central Tax [G.S.R. 834(E)] 04/09/2018
CBIC waives late fee for specified classes of taxpayers for Form GSTR-3B, GSTR-4 & GSTR-6 Notification No. 41/2018–Central Tax [G.S.R. 833(E)] 04/09/2018
CBIC extends time limit for making declaration in FORM GST ITC-04 Notification No. 40/2018–Central Tax [G.S.R. 832(E)] 04/09/2018
CBIC notifies Annual GST Return Forms Notification No. 39/2018 – Central Tax [G.S.R. 831(E)] 04/09/2018

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