CA Ranjan Mehta

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In the backdrop of 22nd meeting of GST Council held on 06.10.2017 a few notifications were issued by the CBEC on 13.10.2017. Here is a draft advisory related to those notifications.

All these changes shall be effective from 13.10.2017.

Changes in the Law (CGST/IGST)

Notification No 38/2017 (Central Tax) & Notification No 09/2017 (Integrated Tax)

A few items have been notified to be included in the category of Handicraft items, which were earlier notified to be exempted from registration even in case of Inter State Supply transactions.

Notification No 39/2017 (Central Tax) & 11/2017 (Integrated Tax)

Officers of the State and Union Territories have been empowered to issue refunds u/s 54 or 55 in relation to CGST and IGST also. Earlier the respective officers were only empowered to issue the refunds. This move is to help exporters to get easy refund.

Notification No 40/2017 (Central Tax)

This notification brought in a major change in the GST Law in terms of compliance and also a big relief to MSME sector. As per this notification supplier of Goods; whose turnover during the previous financial year was less than 1.5 crore and in case of newly registered persons if the turnover is likely to be less than 1.5 crore during the current financial year; will be allowed to file returns in the manner prescribed in chapter IX of CGST Act.

This means that quarterly return feature will be brought in the law in the due course. As of now they have just notified such class of persons who will be eligible for such new return procedure (as recommended by GST Council it is to be quarterly). However such procedure is still awaited as the same needs to be brought in the law which needs amendment and parliament is not session. So there may be an ordinance issued by the Govt. for all such changes.

Important to note here is that such benefit is extended to the supplier of goods and NOT to the supplier of services. Composition dealers are already availing the facility of quarterly returns.

Further, there are probabilities that this will increase burden of large taxpayer having turnover more than 1.5 crore since taking credit from such small taxpayers may be a difficult situation since automatic credit may not be available and accounts would be required to be maintained differently.

Notification No 41/2017, 42/2017, 43/2017, 44/2017 (Central Tax)

Due Dates of filing of following forms have been extended :-

Sl. No. Form Purpose of Form Old Due Date New Due Date
1 GSTR 4 Composition Dealer’s Return 18.10.2017 15.11.2017
2 GSTR 5A OIDAR service provider 10.10.2017 15.11.2017
3 GSTR 6 Input Service Distributor 13.10.2017 15.11.2017
4 ITC 01 Availing Inputs by persons switching from Composition to normal scheme or newly registered persons Within 30 Days 31.10.2017

Notification No- 45/2017 (Central Tax)

A few amendments have been made into the CGST Rules, 2017 vide this notification.

1. Changes in Composition Rules, new rule 3A inserted: this rule has been inserted to enable provisions related to opting composition scheme by dealers under the new enhanced limits of composition limit. This options is given the 3rd This rule says that the composition scheme shall be effective from the 1st day of the next month of opting for the same through furnishing form CMP-02. ITC -03 will also be required to be filed within 90 days from the effective date of composition. Rule 62 has also been amended to enable filing of GSTR-4 from the date of effective composition scheme.

2. Changes in Invoice Rules, new rule 46A inserted: As per this rule dealers supplying taxable as well as exempted goods may issue invoice-cum-bill of supply. Now there is no need to issue separate invoices for exempted and taxable goods supplied simultaneously.

3. Changes in Invoice Rules, rule 54 amended: A banking and financial company may issue a consolidated invoice at the end of the month for all the services rendered during the month.

4. A few changes have been made in the return forms to enable deemed exports.

Notification No- 46/2017 (Central Tax)

Turnover limits for composition scheme have been increased to Rs. 1 crore from existing 75 Lakhs (for special category states the same has been increased to Rs. 75 Lakhs from existing 50 Lakhs). Person opting composition scheme this month can available the benefit w.e.f. 01.11.2017

Notification No 31/2017 (Central Tax Rate)

1. In various cases of works contract where rates were reduced by notification no 20/2017 and 24/2017 earlier, in cases where the contracts were related to Govts and Local authorities, contracts provided by Govt entities have also been included.

2. In cases of works contracts where more than 75% of work constitutedearth work; rates are reduced from existing 12% to 5% (only in case of works contract provided by Govts, local authorities and Govt. entities)

3. Other Change in rates or other related conditions

Existing Rate of Tax Changes
Transportation of passengers 5% Credit of Input tax can be taken in relation to services availed for the same line of business such as renting of vehicle or passenger transport service
Leasing of  Motor Vehicles Same rate of tax which is charged on supply of such goods Now the tax rate shall be 65% of tax rate on the supply of such type of goods, if such vehicle is purchased and leased prior to 01.07.2017
Printing services Different rates Where physical inputs are provided by the recipient i.e. paper etc and such inputs carry rate of tax of 6%; CGST rate has been reduced to 6%
Printing Service Different rates Where physical inputs are NOT provided by the recipient i.e. paper etc and such inputs carry rate of tax @6% or 2.5% or NIL; CGST rate has been reduced to 6%

Notification No 32/2017 (Central Tax Rate)

Services provided by GTA to unregistered person have been exempted. Now with this exemption GTA service providers are no longer required to be registered since all the services provided by them are either exempt or covered under reverse Charge u/s 9(3). So now they can start surrendering there registrations.

Notification 33/2017(Central Tax Rate) and 07/2017 (Compensation Cess Rate)

Change in rate of motor vehicles: Rate of tax of motor vehicles procured prior to 01.07.2017 when resold post GST regime:- The rates have been reduced to 65% of actual rate of tax chargeable on such Motor Vehicles in GST. These changes have also been made effective in compensation cess.

Notification 35/2017 (Central Tax Rate)

Exemption to Goods :- Supply of Duty credit scrips have now been exempted from GST.

Notification 38/2017 (Central Tax Rate) & 32/2017 (Integrated Tax Rate)

Exemption from reverse charge u/s 9(4), CGST Act, 2017 and 5(4) of IGST Act, 2017:– A very welcome step for all the dealers. All the registered persons have been exempted from the applicability of reverse charge u/s 9(4) i.e. goods or services procured from unregistered persons till 31.03.2018.

Now, no reverse charge will be required to be paid for procurement from unregistered persons, however the same will be continued in case of goods or services notified u/s 9(3), e.g. Advocates, Govt services, GTA Services etc.

Important to note that this change shall be effective from the date of notification i.e. 13.10.2017. However we would advise to give the effect from 14.10.2017 to avoid any litigation.

Notification 37/2017 (Central Tax Rate)

GST Rates have been changed for various goods, for detailed rate structure, kindly see the attached notification.

Notification No 10/2017 (Integrated tax)

Exemption from registration to Interstate service providers: Service providers engaged in providing taxable supplies have been exempted from registration if the turnover does not cross the mandatory registration threshold of Rs. 20 Lakhs.

Earlier all the suppliers making interstate supplies were required to get themselves registered irrespective of their turnover, in terms of provisions of sec 24(i).

However, this benefit is not extended to supplier of goods.

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10 responses to “Changes made by Recent notifications issued by CBEC on 13.10.2017”

  1. rajiv mangrulkar says:

    Notification 36/2017 (Central Tax Rate) & 32/2017 (Integrated Tax Rate)

    Exemption from reverse charge u/s 9(4), CGST Act, 2017 and 5(4) of IGST Act, 2017:

    the effective date will be considered by all businessmen as july17 since the status of the dealer at the point of gst act implementation i.e.e 01.07.17 is relevant and not notification dates. anyway the gstr return dates postponements are indicators for making the effects of notification from july17 itself. the summery is economist and businessmen should only be qualified to be finance minister and not advocates like sri arun jaitely since law cannot provide any solution to any issue it can only resolve the dispute with available options. it is not possible to do business in India by 100% compliance of all applicable laws and the govt is trying to control the business tax revenues through gstn portals is tonnes of theory and ounce of practice required maxim and will fall flat and fail.
    matching and mis matching of inputs will invite next dozens of the notifications for which the revenue/finance ministry secretary be prepared.
    the govt is showing they are innocent of how business are run and done in Indian conditions.
    hoping for better sense prevails on the eve of deepawali by grace of maha laxmi -udog laxmi .

  2. Devinder Singh Rana says:

    Dear sir , kindly change the Notification 36/2017 (Central Tax Rate) mentioned in respect to Rs 5000 per day limit to Notification 38/2017 (Central Tax Rate).

  3. Nitesh Kumar says:

    51 Notifications on 28th June and 41 notifications on 13.10.17 to amend the earlier notifications with in the span of 3 and half month clearly depicts that our Finance Minister and his team has not done the comprehensive study before rolling out GST regime.
    It’s better to say ” Garbar Sab Taraf ” rather than “Good Simple Tax”.

  4. A says:

    Notifications after notifications after notifications- A notification a day keeps clarity away.After a year or so there will be more notifications than original law.

  5. RAMESH KUMAR THAKUR says:

    I am requesting to you all Sir, including Mr. Arun Shahab, Please send me ON STRIP of Analgesic, Pain in my Head and my Head is “Eating Round” after seeing the meaningless with bundle of repeatedly Amendments.
    How can a Person Lead their life in Pleasant way under this SITUATION OF GST’s like FROG JUMPING
    Hon’ble Finance Minister,—- kindly file and show us live with any GSTR filing —- , It’s my humble request — it is — Good Simple Tax — as our Hon’ble PM regularly talking.

  6. Prashanth says:

    dear sir,

    in my opinion Notification no. 40 applicable to all the registered person.

    Kindly clarify.

  7. Nilesh says:

    Sir ,
    You have mentioned very important line :
    ” All these changes shall be effective from 13.10.2017.”
    Govt. Not clarify the same in anywhere the same.
    due to this lot of confusion creates….
    Thanks sir for your Article..
    With Lot of Respect…
    Thanks once again from my bottom of Heart.

    All learned person have to write mail to Govt. how to issue the notification in what format it should be…. because now a day notification create more question rather than the giving the answer….
    – Nilesh G. Sonawane
    9403696918

  8. Rakesh says:

    I have gone through notification no.40 and I didn’t find any change as mentioned in this ….

    Mainly , They have clearly mentioned a registered person but in this it is mentioned only for supplier of goods

  9. gautam kumar says:

    Dear sir,
    Now after the notification , what is the provision for refund on input purchase against export clearance under LUT.

    best regards
    gautam kumar

  10. RAJNI says:

    NO ATTACHMENT FIND ON NE GST RATE…
    AND ON CBEC SITE NO SUCH NOTIFICATION FIND ON ABOVE MENTIONED CHANGES….

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