GST Updates – Recent Notifications, Circulars and Orders Issued by CBIC – 28th June, 2019

1. In order to give effect to the decisions taken during 35th GST Council Meeting, the Central Board of Indirect Taxes and Customs (‘CBIC’) has issued various notifications and orders. In addition to the same, it has issued clarification through various circulars in order to resolve ambiguities in the GST rules and regulations.

Sr. No. Notifications/ Circulars Particulars
1 Notification No. 25/2019 – Central Tax dated 21st June, 2019 Blocking of e-way bills on non-filing of returns for two consecutive tax periods shall be brought into effect from 21st August, 2019.
2 Notification No. 26/2019 – Central Tax dated 28th June, 2019 Due date for TDS return in GSTR-7 (for October, 2018 to July, 2019) extended till 31st August, 2019.
3 Notification No. 27/2019 – Central Tax dated 28th June, 2019 Due date for Quarterly (July 19-Sept 19) GSTR-1 is 31st August, 2019.
4 Notification No. 28/2019 – Central Tax dated 28th June, 2019 Due date for monthly (July 19-Sept 19) GSTR-1 is 11th day of the following month.
5 Notification No. 29/2019 – Central Tax dated 28th June, 2019 Due date for monthly return in GSTR-3B ((July 19-Sept 19) 20th day of the following month.
6 Notification No. 30/2019 – Central Tax dated 28th June, 2019 OIDAR Suppliers shall not be required to file return in GSTR-9 and 9C.
7 Notification No. 31/2019 – Central Tax dated 28th June, 2019 Amendments in CGST Rules, 2017 (Refer below).
8 Notification No. 32/2019 – Central Tax dated 28th June, 2019 Due date for Job-work return in ITC-04 (July 17 to June 19) extended till 31st August, 2019.
9 Order No. 6/2019 – Central Tax dated 28th June, 2019 Due date for furnishing FORM GSTR-9, FORM GSTR-9C extended till 31 August 2019.
10 Circular No. 102/21/2019-GST – dated 28th June, 2019 Additional/ Penal Interest:

–    Any interest (or late fee or penalty) for delayed payment of any consideration charged by the supplier shall be included in the value of supply for the payment of GST.

–    If any third party is involved like any bank or any other person, other than the supplier himself, who extends credit facility for such transaction, then the interest paid by the recipient would not be subject to GST.

11 Circular No. 103/22/2019-GST – dated 28th June, 2019 Place of Supply (‘POS’) w.r.t. following services shall be the location of recipient (‘LOR’)/supplier (If LOR is not available):

a) Services provided by the Ports,

b) cutting and polishing activity on unpolished diamonds

12 Circular No. 104/23/2019-GST – dated 28th June, 2019 Processing of refund applications wrongly mapped on the common portal:

–   Where reassignment of refund applications to the correct jurisdictional tax authority is not possible on the common portal, the processing of refund claims should not be held up, rather it should be processed by the tax authorities to whom refund applications have been electronically transferred by the common portal.

–   After processing of refund application, the refund processing authority may inform on the common portal about the incorrect mapping with a request to update it. This will ensure that all the subsequent refund applications are sent to correct jurisdictional tax authority.

Circular No. 105/24/2019-GST – dated 28th June, 2019 Treatment of secondary or post-sales discounts under GST:

a) Post-sale discount given by the supplier of goods to the dealer without any further obligation/ action at dealers end – Excluded from value of supply

b) Additional discount given by the supplier of goods to the dealer as a post-sale incentive requiring the dealer to do some act like sales drive, advt. etc. – This will be treated as separate transaction and dealer shall be liable to pay GST on the same

c) Additional discount shall be reduced from the value of supply if it is given by the supplier to dealer to offer special reduced price to customer – This additional discount is required to be added while determining the value of supply to be made by the dealer to the customer

d) ITC on discounts (Financial credit notes) – Dealer will not be required to reverse ITC attributable to the tax already paid on such post-sale discount received by him through issuance of financial / commercial credit notes by the supplier of goods

2. Amendments to CGST Rules, 2017:

a) Furnishing of Bank Account Details: The taxpayer needs to furnish the following information within 45 days or due date of returns u/s 39, whichever is earlier:

– Details of bank account, or

– Any other information

GST registration shall be cancelled, if new registered person fails to submit the same.

b) Value of supply in cases where Kerala Flood Cess is applicable:

For Kerala, all intra-state B2C supply of good or services, the value of supply shall not include the Kerala Flood Cess charged thereon. This shall be effective from August 1, 2019.

c) QR Code: The Government may notify the requirement to include Quick Response (QR) code on the tax invoice/ bill of supply

d) PMT-09: Transfer of amount from one account head to another account head in electronic cash ledger.

A registered person can transfer following amounts available in the electronic cash ledger through FORM GST PMT-09: Tax, Interest, Penalty, Fee, Any other amount

e) Duty Free Shops:

– Retail outlets established in departure area of an international Airport beyond immigration counters can claim refund of taxes (i.e. paid by it on inward supply of goods) in FORM GST RFD- 10B.

– It should make tax free supply i.e. exports without payment of taxes to an outgoing international tourist.

f) Interest rate on profiteering amount: If Profiteered amount is not deposited as per the order of the authority, supplier shall be liable for 18% interest.

g) E-way bill:

The validity of the e-way bill may be extended within eight hours from the time of its expiry.

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