1. Circulars or Clarifications
1.1. IGST on goods re-imported after being exported for repairs
Integrated tax and Compensation cess shall be leviable on goods re-imported after being exported for repairs at a value-
2. GST DEADLINES
2.1. Deadlines | Sep 21
|Due Date||Return/ Compliance||Remarks|
|11 Sep 21||GSTR1 (Aug 21)||Return of Outward Supplies- Monthly Return|
|13 Sep 21||GSTR1 (Aug 21)- IFF||Return of Outward Supplies- QRMP|
|14 Sep 21||GSTR2B (Aug 21)||Auto Drafted ITC Statement available for download|
|15 Sep 21||Advance Tax- Income Tax||Second Instalment of Advance Income Tax|
|20 Sep 21||GSTR3B (Aug 21)||Last Date for Payment of Tax and Return for Normal Taxpayers (Monthly GTSR3B)|
|25 Sep 21||PMT 06 (Aug 21)||Last Date for Payment of Tax and Return
For Taxpayers under QRMP Scheme
Due date 31st Dec 2021 for FY 20-21.
|Normal Taxpayer||Reconciliation Statement & Annual Return||More than 5 Cr.||GSTR 9 and 9C||Compulsory|
|Annual Return||Between 2 Cr. To 5 Cr.||GSTR 9||Compulsory|
|Annual Return||Less than 2 Cr.||GSTR 9||Optional|
|Composition Taxpayer||Annual Return||NA||GSTR 9A||Compulsory|
|E Commerce Operator||Annual Return||NA||GSTR 9B||Compulsory|
Note: 45th GST Council meeting scheduled for Sep 17 at Lucknow.
3. GST PORTAL UPDATES
3.1. Updating the Annual Aggregate Turnover (AATO) by taxpayers.
(Advisory Dated: 4/08/2021)
The Annual Aggregate Turnover (AATO) has been calculated based on the returns filed by the taxpayers. The detailed advisory on calculation methodology of AATO has been specified under the ‘Advisory’ hosted at Taxpayers’ Dashboard. A functionality has been provided at the Common Portal to modify the AATO where taxpayers have reason to believe that the AATO has been calculated wrongly. In such cases, taxpayers may modify the Annual Aggregate Turnover (AATO). In case such modification is made beyond a certain limit (as specified in the ‘Advisory’), the same shall be sent to the jurisdictional officer’s Dashboard for appropriate action, if required.
3.2. Advisory for Taxpayers regarding Blocking of E-Way Bill (EWB) generation facility resume after 15th August, 2021.
1. The government has now decided to resume the blocking of EWB generation facility on the EWB portal, for all the taxpayers in terms of Rule 138 E (a) and (b) of the CGST Rules, 2017, after 15th August onwards.
2. Thus, after 15th August 2021, the System will check the status of returns filed in Form GSTR-3B or the statements filed in Form GST CMP-08, and block the generation of EWB in cases of:
3.3. Implementation of Rule-59(6) on GST Portal, blocking of GSTR1/ IFF in case of non-filling of GSTR3B
1. Rule-59(6) of CGST Rules, 2017; inserted vide Notification No. 1/2021 dated 1st January 2021, provides for restriction in filing of GSTR-1 in certain cases :
a) a registered person shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1, if he has not furnished the return in FORM GSTR-3B for preceding two months;
b) a registered person, required to furnish return for every quarter under the proviso to sub-section (1) of section 39, shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1 or using the invoice furnishing facility, if he has not furnished the return in FORM GSTR-3B for preceding tax period;
2. This Rule will be implemented on GST Portal from 1st September, 2021. On implementation of the said Rule, the system will check that whether before the filing of GSTR-1/IFF of a tax-period, the following has been filed or not:
a) GSTR-3B for the previous two monthly tax-periods (for monthly filers), OR
b) GSTR-3B for the previous quarterly tax period (for quarterly filers), as the case may be. The system will restrict filing of GSTR-1/IFF till Rule-59(6) is complied with.
3.4. Date for filing application for revocation of cancellation of registration extended
In view of the notification 34/2021 -Central dated 29th Aug 2021, where the due date of filing of application for revocation of cancellation of registration falls between 1st March, 2020 to 31st August, 2021, the time limit for filing of application for revocation of cancellation of registration is extended to 30th September, 2021.
4. RATIONALIZATION OF LATE FEES
4.1. GST Amnesty Scheme extended
The Government, vide Notification No. 33/2021, dated 29th Aug, 2021, inter alia, has extended the GST Amnesty Scheme till 30 Nov 2021 for waiver the late fee payable, in excess of amount as specified in the Tables, as given below:
For the registered persons who have failed to furnish the return in FORM GSTR-3B, for the months /quarter of July, 2017 to April, 2021, by the due date:
|Sl.No||Return in FORM GSTR-3B for the month/ quarter of||Amount of Central &
State/UT tax payablein the
|If Return furnished
|Late fee payable waived in excess of
|1||July, 2017 to April, 2021||NIL||1st June, 2021 and
|2||July, 2017 to April, 2021||Not NIL||1st June, 2021 and
5.1. Filing of FORM GSTR-3B and FORM GSTR-1/ IFF by companies using electronic verification code (EVC)
The filing of FORM GSTR-3B and FORM GSTR-1/ IFF by companies using electronic verification code (EVC), instead of Digital Signature certificate (DSC) has already been enabled for the period from 27.04.2021 to 31.08.2021. This has been further extended to 31st October, 2021.
6. JUDICIAL PRONOUNCEMENTS
6.1 Validity of tax demanded before issuance of SCN
Petitioner was advised before issuing of SCN to pay the amount availed as ITC at the stage of summons itself without following due procedure u/s 74. Held that: No tax demand can be issued or raised when the investigation is still in progress. The respondents cannot be allowed to put the cart before the horse and collect any tax, interest, or penalty before they determine, in an enquiry, after putting the petitioner/assessee of notice, and that their action is wholly arbitrary and without jurisdiction. Writ Petition is allowed.
Disclaimer: “This material is intended to provide general information on particular subject(s) and is not an exhaustive treatment of such subject(s) or a substitute to obtaining professional service or advice. It is strongly recommended to seek professional advice before implementation of any of the aspects covered in the presentation.”)
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