GST Updates & Deadlines for the Month of October 2020

1.GST DEADLINES

1.1. GSTR2A reconciliation from Feb to Sep 20 in GSTR3B of Sep 20

(Notification No.- 30/2020 –CT; Dated: 3 April 2020)

Rule 36(4) of CGST Rules 2017 has restricted Input Tax Credit to the maximum of 110% of ITC available in GSTR 2A. However, the said condition for the period Feb 20 to Sep 20 shall apply cumulatively i.e. total ITC availed in GSTR3B during Feb 20 to Sep 20 cannot exceed 110% of ITC available in GSTR2A. In Sep 20 return GSTR2A reconciliation shall be done for the period Feb 20 to Sep 20.

1.2. Deadlines | October 20

√ Compliance Calendar – Oct 2020

Due Date	Return/ Compliance	Remarks
01 Oct 20	GSTR3B (Aug 20)	Last Date for Payment of Tax and Return Taxpayers with Turnover Less Than 5 Crore having Principal Place of Business in Chhattisgarh, MP, Gujarat, Daman & Diu, Dadra & Nagar Haveli, Maharashtra, Karnataka, Goa, Lakshadweep, Kerala, Tamil Nadu, Puducherry, Andaman & Nicobar Islands, Telangana, Andhra Pradesh.
03 Oct 20	GSTR3B (Aug 20)	Last Date for Payment of Tax and Return Taxpayers with Turnover Less Than 5 Crore having Principal Place of Business in J&K, Laddakh, HP, Punjab, Chandigarh, Uttarakhand, Haryana, Delhi, Rajashthan, UP, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, WB, Jharkhand and Odhisha
07 Oct 20	TDS Payment- Income Tax	Due date for Payment of TDS for Sep 20
11 Oct 20	GSTR1 (Sep 20)	Return of Outward Supplies- Monthly Return
12 Oct 20	GSTR2B (Sep 20)	Auto Drafted ITC Statement available for download
15 Oct 20	TCS Return- Income Tax	TCS Return under Income Tax
18 Oct 20	CMP 08 (Sep 20)	Composition Return for the quarter ending Sep 20
20 Oct 20	GSTR3B (Sep 20)	Last Date for Payment of Tax and Return Taxpayers with Turnover More Than 5 Crore
22 Oct 20	GSTR3B (Sep 20)	Last Date for Payment of Tax and Return Taxpayers with Turnover Less Than 5 Crore having Principal Place of Business in Chhattisgarh, MP, Gujarat, Daman & Diu, Dadra & Nagar Haveli, Maharashtra, Karnataka, Goa, Lakshadweep, Kerala, Tamil Nadu, Puducherry, Andaman & Nicobar Islands, Telangana, Andhra Pradesh.
24 Oct 20	GSTR3B (Sep 20)	Last Date for Payment of Tax and Return Taxpayers with Turnover Less Than 5 Crore having Principal Place of Business in J&K, Laddakh, HP, Punjab, Chandigarh, Uttarakhand, Haryana, Delhi, Rajashthan, UP, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, WB, Jharkhand and Odhisha
31 Oct 20	GSTR 9/9C (FY 18-19)	GST Audit and Annual Return last date.
31 Oct 20	GSTR 9A	Annual Return for Composition Taxpayers

√ TCS on Goods sold w.e.f. 1 Oct 2020. As per the newly inserted Section 206C (1H), if any seller of any goods whose turnover in the preceding FY exceeds Rs. 10 Crore then, from 1st of October 2020, he shall be liable to collect TCS @ 0.1% (Rate will be 0.075% till 31.03.2021) of the sale value from the buyer if the buyer purchase goods for the value exceeding Rs. 50 Lacs during the Financial year. (Limit of Rs. 50 Lac shall be seen for each buyer separately).

√  GST Audit and Annual return (GSTR9 and GSTR9C) due date extended to 31^st Oct 2020 for FY 18-19.

Description	Aggregate Turnover	Form	Period	Compliance
GST Audit & Annual Return	More than 5 Cr.	GSTR 9/ 9C	FY 18-19	Compulsory
GST Annual Return	Between 2 Cr. To 5 Cr.	GSTR 9	FY 18-19	Compulsory
GST Annual Return	Less than 2 Cr.	GSTR 9	FY 18-19	Optional

√  E Invoice mandatory for taxpayers whose Aggregate Turnover in any of the previous financial year from 2017-18 onwards is more than Rs 500 crore. (Notification No. 60, 61 & 70/2020 CT; Dated 30th July 2020) from 1 Oct 2020.

√  CBDT further extends due date for filing of ITR for Assessment year 2019-20 to 30-11-2020 (CBDT order dated 30-09-2020) Considering the difficulties being faced by taxpayers due to the Covid-19 pandemic, the CBDT has further extended the due date for filing of revised and belated Income tax return for Assessment year 2019-20 from 30-09-2020 to 30-11-2020

√  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.

2. GST PORTAL UPDATES

2.1.  Enablement of E invoicing on GSTN Portal

This is with reference to the requirement of certain taxpayers to prepare invoice in terms of Rule 48(4) of CGST Rules (e-invoicing).

As a facilitation measure, all the taxpayers who were having aggregate turnover of Rs. 500 Cr. (from 2017-18 onwards) were enabled on e-invoice portal https://einvoice1.gst.gov.in/. The listing is based on GSTR-3B data, as available in GST System.

One can search the status of enablement of a GSTIN on e-invoice portal: https://einvoice1.gst.gov.in/ > Search > e-invoice status of taxpayer

In case any registered person, is required to prepare invoice in terms of Rule 48(4) but not enabled on the portal, they may request for enablement on portal: ‘Registration -> e-Invoice Enablement’.

In case any registered person, who doesn’t have the requirement to prepare invoice in terms of Rule 48(4) but still enabled on the e-invoice portal, the same may be brought to the notice at support.einv.api@gov.in so that necessary action can be taken.

3. NOTIFICATIONS

3.1. Implementation of the Dynamic QR Code for B2C invoices extended till 01.12.2020.

(Notification No. 71/2020-Central Tax; Dated 30.09.2020)

Implementation of requirement of Dynamic QR Code on B to C Invoices deferred to 1 Dec 2020.

3.2.  CBIC extends exemption on transportation Services of goods to a place outside India

(Notification No. 04/2020 – Central Tax (R); Dated 30.09.2020)

CBIC extends exemptions on supply Services by way of transportation of goods by an aircraft from customs station of clearance in India to a place outside India and Services by way of transportation of goods by a vessel from customs station of clearance in India to a place outside India under CGST Act till 30th day of September, 2021

3.3. E Invoice mandatory for a registered person whose Aggregate Turnover in any preceding financial year from 2017- 18 onwards exceeds Rs 500 crore. 

 (Notification No. 70/2020-Central Tax; Dated 30.09.2020)

CBIC notifies registered person, other than a Special Economic Zone unit and those referred to in sub-rules (2), (3), (4) and (4A) of rule 54 of the said rules, whose aggregate turnover in  any preceding financial year from 2017-18 onwards exceeds Five hundred crore rupees, as a class of registered person who shall prepare invoice and other prescribed documents, in terms of sub-rule (4) of rule 48 of the said rules in respect of supply of goods or services or both to a registered person or for exports.

4. PRESS RELEASE

4.1. One time relaxation in implementation of E-Invoice Provisions for the month of October, 2020

(CBIC Press Release ; Dated: 30 Sep 2020)

In the initial phase of implementation of e-invoice, it has been decided that the invoices issued by such taxpayers during October 2020 without following the manner prescribed under rule 48(4), shall be deemed to be valid and the penalty leviable under section 122of the CGST Act, 2017, for such non-adherence to provisions, shall stand waived if the Invoice Reference Number (IRN) for such invoices is obtained from the Invoice Reference Portal (IRP) within 30 days of date of invoice.

5. LEGAL UPDATES

5.1. GST registration mandatory for person authorized to supply only under the brand name of another taxable person

In re Patrator (GST AAR Gujarat) – Dated 2th July 2020

Applicant is engaged in selling books, stationery, etc. and offering courses like Mental Arithmetic, English Smart under brand name of ‘ALOHA’ operated by Explore Knowledge Resources, LLP Applicant has entered into an agreement with Explore Knowledge Resources, LLP as per which applicant is only authorized to supply goods and services under brand name of ‘ALOHA’ and cannot supply other goods and services Thus, applicant is supplying goods and services on behalf of other taxable person and shall accordingly be covered under Sl. No. (vii) of section 24, hence shall be liable to take GST registration and pay GST on supply of goods and services

5.2. E-way bill did not mention correct details; Case to be decided by department on merits

Jaitron Communication Pvt. Ltd. Vs. State Of U.P. (Allahabad High Court)

Admittedly, in the facts of the present case the petitioner did accept that the e-way bill with the vehicle did not contain correct description with regard to movement of goods. Perusal of the orders passed would clearly go to show that the claim set up by the assessee with regard to transportation of machine for performance of job work has not been examined on merits. The proper Officer in terms of the scheme was expected to examine the specific defence set up by the petitioner and consequently determine the liability of tax payable by the petitioner. Such factual issues require proper determination at the level of the proper Officer, at the first instance.

The proper Officer is requested to examine such defence of the petitioner and thereafter determine the liability, if any, in accordance with law. It is made clear that this Court has not determined the liability of the petitioner on merits and all issues of fact are left open to be examined by the proper Officer, at the first instance – petition allowed by way of remand.

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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