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Gist of GST Notifications issued on 21st & 23rd March 2020

CMA Bhogavalli Mallikarjuna Gupta 25 Mar 2020 21,540 Views 2 comments Print Goods and Services Tax | Articles

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Gist of GST Notifications issued on 21^st & 23^rd March 2020

Notification No. 10/2020 – Central Tax Dated 21^st March 2020

The taxpayers having principal place of business in Dadra and Nagar Haveli has been merge with Daman and Diu and Dadra and Nagar Haveli from 27th January 2020. The tax period has been changed for the taxpayers in the state of Dadra and Nagar Haveli.

Sl.No	Month	Start Date	End Date
1	Jan 2020	1^st January 2020	25^th January 2020
2	Feb 2020	26^th January 2020	29^th February 2020

The Input Tax credit has to be transferred from the old GSTN with State code 26 to New GSTIN with State Code 25 have to follow the following procedure

1. The taxpayer has to intimate the jurisdiction officer within 30 days from the date of obtaining the new registration number.

2. The input tax credit will be transferred on balance in the credit ledger after filing the return on the transition date, i.e., 26^th January 2020.

3. The input tax credit will be transferred through Form GSTR – 3B by updating the balance in 4(B)(2) of FORM GSTR-3B return of the old GSTIN and while filing the GSTR – 3B of the new GSTN in Table 4(A)(5).

Notification No. 11/2020 – Central Tax Dated 21st March 2020

There is always a lot of confusion on the treatment of the tax liability to be discharged by the corporate debtor after the appointment of the Interim Resolution Professional or Resolution Professional. The process has been explained in this notification

Registration – the IPR/RP has to apply for new GSTIN in the principal place of business of the corporate debtor within 30 days of his appointment. The IRP/RP will be treated as a distinct person. In case if the IRP/RP is registered before the issue of notification, the IRP/RP has to apply within 30 days from the date of the commencement of the notification,

Return – The IRP/RP, the distinct person who has obtained new registration has to file the returns as per provisions of Section 40 of CGST Act 2017 file the first return for the period from the date he has become liable for registration to the Date on which he is granted registration.

Input Tax Credit – The IRP/RP who has applied for the new registration as a distinct person of the corporate debtor can claim credit for the inward supplies on which GSTIN of the Corporate Debtor has been mentioned for the period of applying registration to the Date of grant of registration even though the registration number is not that of the IRP/RP on fulfilling the provisions of Input Tax Credit.

The registered person who is receiving supplies from the IRP/RPduring the period of grant of registration can issue the tax invoice having the GSTIN of the corporate debtor, and the recipient can avail input tax credit on fulfilling the provisions of the input tax credit as specified in the GST Law.

Any cash deposited in the cash ledger of the corporate debtor after the appointment of the IRP/RP, the same can be claimed as a refund by the IRP/RP.

Notification No. 12/2020 – Central Tax dated 21^st March 2020

A registered taxpayer under the composition scheme has to make payment of taxes on self-assessment basis using the From CMP – 08 but has made the payment of the taxes using the Form GSTR – 3B is not required to file the Form GSTR – 1 for the tax periods falling in the financial year 2019-20.

Notification No. 13/2020– Central Tax dated 21^st March 2020

The class of taxpayers who are having a turnover above Rs 100 crores are required to issue e-invoices form 1^st October 2020.

Notification No. 14/2020– Central Tax Dated 21^st March 2020

The class of taxpayers who are having a turnover above Rs 500 crores are required to issue a dynamic QR code on the B2C invoices enabling them to make digital payment. The requirement for generating dynamic QR code has been postponed to 1^st October 2020.

Notification No. 15/2020 – Central Tax dated 23^rd March 2020

The Last Date for filing of Annual Returns for the financial year 2018 – 2019 is 30^th June 2020.

Notification No. 16/2020 – Central Tax Dated 23^rd March 2020

CGST Rules 2017 have been amended vide this notification and the amendments announced are

1. Authentication of Aadhar Number is mandatory while obtaining GST Registration filing from 1^st April 2020.

In cases, if the applicant does not have PAN Number in such cases, the application can be accepted only on physical varication at the principal place of business in the presence of the applicant within 60 days from the date of filing of the application.

Physical Verification in Certain cases – if the officer feels that physical verification is required for the principal place of business for any other reason or the applicant does not have the PAN Number, the verification report along with the photographs and other documents has to be uploaded on the common portal within 15 days of such physical verification using the Form GST REG – 30.

2. Input Tax Credit on Capital Goods

The life of capital goods for the GST purposes is considered to be five years from the date of invoice, and the amount of tax shown on the tax invoice will be reflected in the input tax credit ledger.

The input tax credit claimed has to be reversed at the rate of 5% per quarter is the capital goods are used for other than taxable supplies.

The tax to be reversed has to be computed separately for each tax and reported in GSTR – 3B.

3. GST Audit Threshold Limit for FY 2018-19

The GST Audit threshold for the financial year 2018-19 has been increased to Rs 5 crores.

4. Refund of excess payment of Taxes

If the registered taxpayer has claimed refund of the taxes paid in excess or paid wrongly in different heads, for which debit has been made from the electronic credit ledger, the said amount, if found admissible, shall be re-credited to the electronic credit ledger by the proper officer by an order made in FORM GST PMT-03.

5. Zero Rated Supplies

Turnover for Zero Rate Supply has been defined, and it means the value of zero-rated supplies made during a relevant tax period under letter of credit or bond or the value which is 1.5 time of the value of like goods domestically supplied by the same or, similarly placed, supplier as declared by the supplier whichever is lesser.

6. Order Sanctioning Refund

The proper officer while sanctioning the refund will pass on order for the re-crediting the input tax credit ledger debited to be the extent of discharging the liability for making the payment of taxes for zero who has made the application for a refund using the Form GST RFD – 06 through Form GST PMT- 03.

7. Recovery of Refund

The taxpayers who have claimed a refund for export of goods or services or both have not realized the value of the goods or services exported based on the time limit prescribed under Foreign Exchange Management Act 1999, the amount of refund claimed has to be paid with interest for the pro-rated amount which is not realized. The amount has to be remitted within 30 days of the expiry of the time period prescribed else the recovery proceedings will be initiated under Section 73 or Section 74 of the CGST Act 2017.

Where the sale proceeds have been written off by the Reserve Bank of India, in such cases, no recovery will be made.

The amount of refund recovered from the taxpayer for non-realization will be refunded back if the exporter pays back the amount. The amount will be refunded if the exporter claims the same within three months from the date of remittance along with valid proofs.

Notification No. 17/2020 – Central Tax dated 23^rd March 2020

Aadhar authentication for the obtaining GST registration from 1^st April 2020 does not apply to a person who is not a citizen of India and to any other class of persons not mentioned below

1. Individual

2. Authorized Signatory of all types

3. Managing and Authorized Partner

4. Karta of a Hindu Undivided Family

Notification No. 18/2020 – Central Tax dated 23rd March 2020

As per the new registration process from 1^st April 2020, in case if the induvial does not have an Aadhar number, alternative and viable means will be offered to the individual as specified in Rule 9.

Notification No. 19/2020 – Central Tax dated 23rd March 2020

Aadhar authentication is mandatory for GST Registration from 1^st April 2020, and it is mandatorily to be authenticated for the following class of persons

Authorized Signatory for all types
Managing and Authorized partner for all partnership firms
Karta of a Hindu Undivided Family

In case if any of the class of persons do not have Aadhar number, for them, alternative and viable mechanisms for authentication will be provided as per Rule 8 of the CGST Act 2017.

Notification No. 20/2020 – Central Tax dated 23rd March 2020