Please find below the important clarifications/ amendments issued by the Government on GST in May/ June 2022 alongwith compliance timelines in June 2022:
Compliance timelines:
Form No. | Description | To whom applicable | Period | Due date |
GSTR-7 | Details of Tax deducted at source (TDS) under GST | Tax deducted at source (TDS) deductors | May 2022 | 10th June 2022 |
GSTR-8 | Details of Tax collected at source (TCS) under GST | Tax collected at source (TCS) deductors | May 2022 | 10th June 2022 |
GSTR-1 | The return of outward supplies | Tax payers (Monthly Filers) | May 2022 | 11th June 2022 |
IFF | Invoices of outward supplies | Tax payers (Quarterly Filers under QRMP) | May 2022 | 13th June 2022 |
GSTR-6 | Details of inputs to be distributed | Input Service Distributor | May 2022 | 13th June 2022 |
GSTR-5 | Summary of outward and inward supplies | Non-resident foreign taxpayer | May 2022 | 20th June 2022 |
GSTR-5A | Summary of outward supplies | Online Information and Database Access or Retrieval (OIDAR) service providers | May 2022 | 20th June 2022 |
GSTR-3B | Summary of outward and inward supplies and payment of tax liability | Tax payers (Monthly Filers) | May 2022 | 20th June 2022 |
PMT 06 | Payment of tax liability | Tax payers (Quarterly Filers under QRMP) | May 2022 | 25th June 2022 |
Updates in the month of May/ June 2022
1. Article on “Reporting Fake GST Registrations under your PAN” published in taxguru.in
An Article authored by me on the topic “Reporting Fake GST Registrations under your PAN” has been published in the leading website taxguru.in. You can access the article at the following link:
https://taxguru.in/goods-and-service-tax/reporting-fake-gst-registrations-pan.html
2. CBIC notifies exchange rates effective from May 6th, 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 6th May 2022, for import and export of goods.
(Notification No. 40/2022 – Customs (N.T.) dt. 5th May, 2022)
3. Advisory for Reporting 6% rate in GSTR-1
GSTN has issued an Advisory for reporting 6% rate in GSTR-1. The advisory mentions that a new tax rate of 6% IGST or 3% CGST+ 3% SGST has been introduced on certain goods vide Notification No. 02/2022 dated 31st March 2022.
Changes are being made on the GST portal to include this rate in GSTR-1. As a temporary measure, taxpayers who have to report goods at this rate may do so by reporting the entries in the 5% heading and then manually increasing the system computed tax amount to 6%. This can be done by entering the value in the ‘Taxable value’ column next to 5% tax-rate and then increasing the system computed tax-amount to 6% IGST or 3% CGST + 3% SGST in the ‘Amount of Tax’ column under the relevant Table, namely B2B, B2C or Export, as applicable. This will ensure that correct tax amount is reported in GSTR-1. Meanwhile, this rate will be made available on the GST portal shortly.
4. Withdrawal of Advisory regarding incomplete GSTR-2B in some cases
GSTN had issued an Advisory in case of incomplete GSTR 2B in some cases. The Advisory had mentioned that it had been noticed in few cases, certain records were not reflected in the GSTR-2B statement for the period of April 2022. However, such records were visible in GSTR-2A of such recipients. The technical team is working to resolve this issue for the impacted taxpayers and generate fresh GSTR-2B at the earliest. In the interim, affected taxpayers interested in filing GSTR-3B were requested to file the return on self-assessment basis using GSTR-2A. This advisory has now been withdrawn by GSTN. Taxpayers are informed that ITC needs to be availed as per GSTR 2B only and not GSTR 2A.
5. Extension of due date for filing of GSTR 3B for the month of April, 2022
The due date for filing of FORM GSTR-3B for the month of April, 2022 has been extended till 24th May, 2022 (Notification No. 05/2022-Central Tax dated 17.05.2022).
6. Extension of due date for payment of GST for taxpayers under QRMP for the month of April, 2022
The due date for payment of tax for the month of April, 2022 by taxpayers under QRMP scheme in FORM GST PMT-06 has been extended till 27th May, 2022 (Notification No. 06/2022-Central Tax dated 17.05.2022).
7. CBIC notifies exchange rates effective from May 20th, 2022
The Central Board of Indirect Taxes and Customs (CBIC) has notified the rate of exchange of conversion of the foreign currencies into Indian currency or vice versa, with effect from 20th May 2022, for import and export of goods. In this regard, notification has been issued by CBIC in supersession of the Notification No. 40/2022-Customs (N.T.), dated 5th May, 2022.
(Notification No.43/2022-Customs (N.T.) dated May 19th, 2022)
8. Taxpayer friendly measures for conducting enquiry or inspection under GST – Issued by Haryana GST Department
The GST Department of Haryana Government has issued taxpayer friendly measures for improving taxpayers’ experience with the Department. Now, no GST officer would visit the premise of taxpayer without proper authorization and officer would not enter the premises of taxpayer without display of proper identity card. Moreover, while conducting any enquiry, a suitable opportunity of being heard would be provided and repeated summons would be discouraged. It has also been provided that all communications shall be sent online and in case no such facility is available then no letter or communication should be sent without an ID which is generated from the BO web system.
(Memo No. 362/GST dated May 19th, 2022)
You may download the Memo at https://haryanatax.gov.in under the tab Government Orders/ GST Circulars/ Orders/2022.
9. CBIC issues instructions for payment of tax during Search, Inspection & Investigation
The CBIC has observed that some of the taxpayers after voluntarily depositing tax through DRC-03 have alleged use of force and coercion by the officers for making ‘recovery’ during search or inspection. Now, the Board has issued instructions for officers regarding recovery and payment of tax during Search, Inspection & Investigation.
It is also advised that if any complaint is received against any officer regarding use of force or coercion for payment of tax then the same may be enquired at the earliest and strict action will be taken after enquiry against the defaulting officer.
Instruction No. 01/2022-23 (GST-Investigation) dated May 25th, 2022
10. Waiver of late fee for delay in filing of GSTR 4 Return
The Government has notified that the late fee payable for delay in furnishing of FORM GSTR-4 i.e. Annual Return under Composition Scheme, for the Financial Year 2021-22 under section 47 of the said Act shall stand waived for the period from the 1st day of May, 2022 till the 30th day of June, 2022.
(Notification No. 07/2022 – Central Tax dt. 26th May, 2022)
11. Standard Operating Procedure (SOP) for NCLT cases in respect of the Insolvency and Bankruptcy Code (lBC)
CBIC has issued an SOP for NCLT cases in respect of the Insolvency and Bankruptcy Code (lBC). The Additional Director General, DGPM has been appointed as the Nodal Officer. He will receive the information regarding initiation of the insolvency resolution process of a unit/ company from the lBBl. He will then disseminate the information to the respective Zonal Pr./ Chief Commissioners and other officers of the Department and field formations. The basic purpose of nominating a Nodal Officer is to ensure filing of the claims with the lBBl in a timely manner and within the period of 90 days from the insolvency commencement date so as to make the entire process smooth and effective.
(Instruction No. 1083/04/2022-CX9 dated 23.05.2022)
12. Addition of 6% tax rate in GSTR-1 online
It may be noted that 6% tax rate has been added in the item details section of all the tables of form GSTR-1, except HSN table 12. In case the outward supplies attracts 6% tax rate, one is required to upload the details against 6% tax rate in the item details section.
W.r.t. HSN table 12 of form GSTR-1, 6% tax rate shall be added shortly. Meanwhile, one may report the HSN details of supplies attracting 6% tax rate under tax rate 5% by updating the values/tax amounts as per the actual supplies made.
13. CBIC notifies exchange rates effective from June 3rd, 2022
The Central Board of Indirect Taxes and Customs (CBIC) has notified the rate of exchange of conversion of the foreign currencies into Indian currency or vice versa, with effect from June 3rd 2022, for import and export of goods. In this regard, notification has been issued by CBIC in supersession of the Notification No.43/2022-Customs (N.T.) dated May 19th, 2022.
(Notification No. 49/2022 -Customs (N.T.) Dated June 2nd, 2022)
14. New Functionalities made available for Taxpayers on GST Portal in May 2022
GSTN has issued an update on new functionalities made available for taxpayers on GST Portal in the month of May 2022 under Registration, Return and Refund Modules.
- Registration – Taxpayers and Temp ID holders can verify their bank account status in their profile by clicking on the Bank Account Status link under Quick Links.
- Return – Several improvements are made in filing process of GSTR-4 (Annual) and changes are made in Form GSTR-11.
- Refund – Unregistered persons will now be able to apply for Temp User ID on GST Portal by selecting the reason for registration as “To claim Refund”.
15. CBIC waives interest on delay in filing GSTR-8 for certain Electronic Commerce Operators due to technical glitches
The Department has notified that ‘Nil’ rate of interest shall be levied on delay in filing GSTR-8 for certain Electronic Commerce Operators who had deposited the taxes in the electronic cash ledger but failed to file return within due date due to technical glitches on the portal.
It has been notified that there shall be no levy of interest from the date of depositing the tax collected in the electronic cash ledger till the date of filing of GSTR-8. In this regard a notification has been issued which also provides class of registered persons to whom this benefit shall be available and for which specific month.
(Notification No. 08/2022 –Central Tax Dated June 7th, 2022)
16. Karnataka GST Department introduces new module to revoke cancelled GSTIN beyond 90 days
In order to revoke the cancelled registration after 90 days, which was allowed by the concerned appellate authority or the High Court, there was no electronic module in place to revoke such cancelled registration. Now, a new module has been developed and tested in order to revoke cancelled GSTIN beyond 90 days which was allowed by the concerned appellate authority or the High Court. In this regard, the Karnataka GST department has issued a circular.
(GST Circular GST No. 01/2022-23 dt. 10 Jun 2022)
17. Non availability of e-Invoice System on Sunday 12th June 2022 between 7pm – 9pm
As per email received from NIC, dt. June 10, 2022, there is a maintenance work being scheduled on the e-Invoice System on Sunday 12th June 2022 between 7pm and 9pm. During this interval, the e-Invoice services will not be available for all the GST taxpayers. The e-Invoice services, not available, includes Generation / Cancellation / EWB generation using IRN. Hence, all the users generating e-Invoices are requested to make alternative arrangements to carry out e-Invoice activities during this period. Please note that e-waybill portal and e-waybill APIs will function as usual without any problem for all the taxpayers.
We sincerely hope that the same will help you in your business & profession.