GST Updates | 22 August 2020

1. GST DEADLINES

1.1. Deadlines- 30^th Sep 2020

-GST Audit and Annual return (GSTR-9 and GSTR-9C) due date 30^th Sep 2020 for FY 18-19. For regular taxpayers whose Aggregate Turnover during the financial year is more than Rs 5 Crore.

-GST Annual Return (GSTR-9) optional for taxpayers with Aggregate Turnover less than Rs 2 crore. However GST Annual Return (GSTR-9) required to be mandatorily filled by Tax payers whose aggregate turnover is between Rs 2 – 5 Crore, though they are not required to get their accounts audited.

• E Invoice mandatory for taxpayers whose Aggregate Turnover in previous financial year is more than Rs 500 crore. (Notification No. 60 & 61/2020 CT; Dated 30th July 2020)
• Waiver of GSTR3B late Fees- Last date for availing conditional waiver of late fees for the period July 2017 to July 2020 is 30 Sep 2020. (Notification No.- 57 & 52/2020 CT; 30th June, 2020)
• Last date for availing ITC for FY 19-20 is the due date of Sep 2020 GSTR3B return.
• Last date for issuing credit note or making any amendments for invoices raised during the FY 19-20 is 30 Sep 2020.

1.2. Deadlines- 31^st Aug 2020

• Validity of E-way bills (EWBs), generated on or before 24th March, 2020, and whose validity expiry date lies on or after 20th March, 2020, is deemed to have been extended till 31st August, 2020.

2. GST PORTAL UPDATES

2.1. Download Facility of Table 8A of Form GSTR9

GST portal has provided to the taxpayers facility to download document wise details of Table 8A of Form GSTR-9 in excel format. This can be done by using a new option of ‘Document wise Details of Table 8A’ given on the GSTR-9 dashboard, from Financial Year 2018-19 onwards. This feature will help the taxpayer to reconcile the values appearing in Table 8A of Form GSTR 9 with GSTR 2A, thus facilitate filling the Form GSTR 9.

2.2. Facility to apply for Revocation of Cancellation of Registration

In view of the Removal of Difficulty Order No. 01/2020 dated 25.06.2020, the restriction on filing revocation application, in case it was rejected, has been removed. Aggrieved taxpayers can file application for revocation of cancellation of registration once again.

Further, those taxpayer who have filed Appeal against rejection of the Revocation Application and the decision is still pending, they may also file the Revocation of Cancellation.

Taxpayer is required to login and navigate to Services> Registration> Application for Revocation to file the application for revocation.

2.3. Refund Application for July 2017 restored

Facility of filling Refund Application for July 2017 has been restored on GST Portal.

3. NOTIFICATIONS

3.1. Aadhar Authentication in GST Registration

(Notification No.- 62/2020-CT dt 20.08.2020)

• Applicants, who, either do not provide Aadhaar, while applying for new registration or whose Aadhar authentication fails in validation, would be subjected to site verification by the tax department. However, Tax authority based on the documents produced can grant registration.
• In case of successful authentication of Aadhaar, registration will be deemed approved within 03 working days.
• If Aadhar authentication is not opted for or if authentication fails in validation and no SCN is issued within 21 days by tax official, registration will be deemed approved.
• Tax Officer can issue SCN within the period specified for grant of registration, like in cases of successful Aadhar authentication i.e. 03 working days, or in cases when taxpayer do not opt to provide Aadhaar or when Aadhar authentication fails i.e. 21 working days. Applicants can submit their reply within 07 working days from issue of SCN.

4. LEGAL UPDATES

4.1. Refund of unutilized ITC even in respect of “input services”

(VKC Footsteps India Pvt Ltd Vs UoI)

• The grievance of the petitioner is that only the “inputs’ is referred to in Explanation (a) to sub rule (5) of Rule 89 of the CGST Rules, 2017 and, therefore, “Input Tax Credit” on “Input services” are not eligible for calculation of the amount of refund under Inverted Duty Structure by applying rule 89(5)
• Hon’ble Gujarat High Court Held, it results in violation of provisions of sub section 3 of Section 54 of the CGST Act, 2017 which entitles any registered person to claim refund of “any” unutilized input tax credit.
• Net ITC should mean “input tax credit” availed on “inputs” and “input services” as defined under the Act. Respondents are directed to allow the claim of the refund made by the petitioners considering the unutilised input tax credit of “input services” as part of the “net input tax credit” (Net ITC) for the purpose of calculation of the refund of the claim as per rule 89(5) of the Rules for claiming refund under sub-section 3 of section 54 of the Act – Petitions are allowed.

5. GST COUNCIL MEETINGS

The GST Council is set to meet on August 27 to discuss compensation cess and then on September 19.

Author can be reached at ca.hsinghal@gmail.com