Monthly GST Newsletter for November 2022

Please find below the important clarifications/ amendments issued by the Government on GST in October/ November 2022 alongwith compliance timelines in November 2022:

A. Updates in the month of October/ November 2022

1. Clarification regarding time limit for certain compliances pursuant to issuance of Notification No. 18/2022-CT

The time limit for several compliances such as claiming ITC, rectification of GST returns, issuance of credit notes etc. have been extended and fixed as 30th November of the next financial year, or furnishing of annual return, whichever is earlier. In this regard, it is clarified that the extended timelines for compliances are applicable for FY 2021-22 onwards.

2. Module wise new functionalities deployed on the GST Portal for taxpayers

Various new functionalities are implemented on the GST Portal, from time to time, for GST stakeholders. These functionalities pertain to different modules such as Registration, Returns, Advance Ruling, Payment, Refund and other miscellaneous topics. In September 2022, new modules regarding Registration, Returns and Refunds have been added in the GST system. The same can be downloaded at:

https://taxguru.in/goods-and-service-tax/functionalities-available-taxpayers-gst-portal-september-2022.html

3. Assessee can avail waiver of interest under SVLDRS, 2019 if tax dues already paid in full

CBIC has issued an instruction to clarify that in cases where the assessee has filed ST-3 return on or before 30.6.2019 and has paid the tax dues in full before filing the application, the declarant is eligible to avail the benefit of the scheme for waiver of interest. This shall also include the cases where the interest has been demanded by an SCN or Order-in-Original.

(Instruction No. 110267/75/2022-CX dated October 6th, 2022)

4. CBIC notifies exchange rates effective from October 7th, 2022

CBIC has notified the rate of exchange of conversion of foreign currencies into Indian currency or vice versa, with effect from 7th October 2022, for import and export of goods.

(Notification No. 87/2022 -Customs (N.T.) dated October 6th, 2022)

5. Updated GST Act and Rules

CBIC has uploaded the latest GST Act and Rules (other than State GST) with all amendments as on 28-Sep-2022 in both .pdf and .html formats. The Amendment history has also been updated. One can download the Acts and Rules by visiting the link below:

https://taxinformation.cbic.gov.in/

6. Recurring SCNs to be issued by jurisdictional tax authorities

The GST Council has clarified that recurring SCNs is to be issued by jurisdictional tax authorities even if original SCN is not issued by them. The jurisdictional tax authorities will be in a better position to access records and returns of taxpayers and to check whether the grounds of SCNs still exist or not. In this regard an Office Memorandum has been issued by the GST Council.

Office Memorandum F. No. 757/Follow-up/GSTC/2018/8198 dated October 19th, 2022

7. Extension of due date of filing GSTR 3B till 21 Oct 2022

The due date for furnishing the return in FORM GSTR-3B, for the registered persons required to furnish return for the month of September, 2022 till 20th day of October, 2022, had been extended till the 21st day of October, 2022.

(Notification No. 21/2022 – CENTRAL TAX dt. 21st October, 2022)

8. Advisory on sequential filing of GSTR-1

GSTN has issued an advisory on sequential filing of GSTR-1. The Central Government has amended Section 37 & Section 39 of CGST Act, 2017 vide Notification No. 18/2022–Central Tax dated 28th September, 2022 with effect from 01 October, 2022. According to section 37(4) of CGST Act, 2017, a taxpayers shall not be allowed to file GSTR-1 if previous GSTR-1 is not filed and as per sec 39(10) a taxpayer shall not be allowed to file GSTR-3B if GSTR-1 for the same tax period is not filed.

These changes are being implemented prospectively and will be operational on GST Portal from 01st November, 2022. Accordingly, from October-2022 tax period onwards, the filing of previous period GSTR-1 will be mandatory before filing current period GSTR-1. Further, from October, 2022 tax period onwards, filing of GSTR-1 will also be mandatory before filing GSTR-3B.

https://taxguru.in/goods-and-service-tax/advisory-sequential-filing-gstr-1.html

9. Implementation of mandatory mentioning of HSN codes in GSTR-1

As per Notification No. 78/2020 – Central Tax dated 15th October, 2020, it is mandatory for the taxpayers to report minimum 4 digit or 6 digit of HSN Code in table-12 of GSTR-I on the basis of their Aggregate Annual Turnover (AATO) in the preceding Financial Year. To facilitate the taxpayers, these changes are being implemented in a phase-wise manner on GST Portal.

Part I & Part II of Phase 1 has already been implemented from 01st April 2022 & 01st August 2022 respectively and is currently live on GST Portal. From 01st November, 2022, Phase-2 would be implemented on GST Portal and the taxpayers with up to Rs 5 crore turnover would be required to report 4-digit HSN codes in their GSTR-1. To view the detailed advisory please  click below link :-

Implementation of mandatory mentioning of HSN codes in GSTR-1

10. Advisory on Filing TRAN forms for Taxpayers from Daman and Diu & Ladakh

Due to reorganization of the state of Jammu & Kashmir and merger of the Union territories of Dadra and Nagar Haveli and Daman and Diu, the taxpayers of Ladakh and earlier ‘Daman and Diu’ region have been allotted new GSTINs. There is therefore a doubt as to how to file the TRAN-1 and whether it would be linked with the old TRAN-1 or not.

The aggrieved taxpayers of both the above-mentioned regions are hereby informed that they can file or revise their TRAN-1 or TRAN-2 Forms only through their newly allotted GSTINs. Kindly do not use the old GSTIN for filing of TRAN forms.

The respective tax administrations of both the regions are also advised to accordingly facilitate the taxpayers and keep the above information in mind while processing the TRAN claims under the new GSTINs by linking both the old and revised TRAN-1 forms filed by such taxpayers.

Advisory on Filing TRAN forms for Taxpayers from Daman and Diu & Ladakh

11. Clarification on pre-deposit payment method for cases relating to Central Excise & Service Tax

The CBIC has clarified that payments through DRC-03 under GST regime is not a valid mode of payment for making pre-deposits under section 35F of the Central Excise Act, 1944 and Section 83 of Finance Act, 1994.

There exists a dedicated CBIC-GST Integrated portal, https://cbic-gst.gov.in (Board’s Circular No. 1070/3/2019-CX dated June 24, 2019 refers in this regard), which should only be utilized for making pre- deposits under the Central Excise Act, 1944 and the Finance Act, 1994.

Instruction CBIC-240137/14/2022- Service Tax dated October 28th, 2022

12. CBIC notifies exchange rates effective from November 4th, 2022

The Central Board of Indirect Taxes and Customs has notified the rate of exchange of conversion of the foreign currencies into Indian currency or vice versa, with effect from 4th November 2022, for import and export of goods.

Notification No. 92/2022 -Customs (N.T.) dated November 3rd, 2022

B. Compliance timelines: