The Ministry of Finance on 15th October, 2020 notified various notifications incorporating various changes to the CGST Act and CGST Rule.

In this Article we will discuss the various amendments made in GST Forms.

Notification No. 74/2020- Central Tax Dated 15th October, 2020

This notification revised the due date for filing of GSTR-1 for small tax payer who files GSTR-1 Quarterly.

Registered person whose aggregate turnover in preceding financial year or current year up to 1.5 Crore, will file GSTR 1 Quarterly within 13th of succeeding month for the tax period October 2020 to March 2021.

Notification No 75/20200-Central Tax Dated 15th October, 2020

Registered person whose aggregate turnover in preceding financial year or current year exceeds 1.5 Crore, will file GSTR 1 monthly within 11th of month succeeding the quarter for the tax period from October 2020 to March 2021.

Notification No 76/202-Central Tax Dated 15th October, 2020

A registered person whose aggregate turnover exceeds 5 Crore shall file GSTR 3B within 20th of succeeding Month

However a registered person whose aggregate turnover is up to 5 Core in the preceding financial year and have principal place of business in Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep, the return in FORM GSTR-3B for the months of October, 2020 to March, 2021 shall be furnished on or before the 22nd day of the month succeeding such month

However for taxpayers having an aggregate turnover of up to 5 Crore in the previous financial year, whose principal place of business is in the States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi, the return in FORM GSTR-3B of the said rules for the months of October, 2020 to March, 2021 shall be furnished eon or before the 24th day of the month succeeding such month.

Notification No 77/2020-Central Tax Dated 15th October, 2020

A small tax payer whose aggregate turnover in a financial year does not exceed 2 Crore is not required (option given may or may not) to file Annual return for the Financial year 2019-20 if they have not filled the Annual return before the due date.

Notification No 78/2020-Central Tax Dated 15th October, 2020

Rule 46 of CGST Rule states what should be the content of tax invoice. One of the contents is HSN code. Government had notified the number of HSN code to be mentioned in the tax invoice:

S.No. Aggregate Turnover in the preceeding Financial Year No of Digits of Harmonized System of Nomenclature (HSN Code)
1 Upto Rs. 5 Crore 4
2 More than Rs. 5 Crore 6

Provided that a registered person having aggregate turnover up to five crores rupees in the previous financial year may not mention the number of digits of HSN Code, as specified in the corresponding entry in column (3) of the said Table in a tax invoice issued by him under the said rules in respect of supplies made to unregistered persons.

Notification 79/2020-Central Tax Dated 15th October, 2020

This notification has amended the CGST Rule 2017. These amendments are discussed below. 

1. Rule 46: HSN Code

The amendment gave power to government to notify certain supply and the number of digits of HSN code that need to be mentioned in the invoice. 

2. Rule 67AFiling of Return Through SMS

Now a registered person who is required to furnish a NIL GSTR 1, GSTR-3B and CMP-08 can be filed through Short messaging service (SMS) facility and the same shall be verified by a registered mobile number based One Time Password facility. 

3. Rule 80: Annual Audit and Filing of form GSTR – 9C

For financial year 2018-19 and 2019-20, account need to be audited under section 35(5) and GSTR 9C need to be filed only if the T/O exceeds 5 Crore during a financial year. 

4. Rule 138 E: Generating Part A of E Way Bill

As per the rule if any person failed to file CMP-08 (Quarterly filed by Composite Tax payer within 18th of Succeeding month of the quarter) for a consecutive 2 tax period or failed to file GSTR -1 and GSTR-3B for a consecutive 2 months, such person cannot fill the PART A of E WAY bill.

Provided also that the said restriction shall not apply during the period from the 20th day of March, 2020 till the 15th day of October, 2020 in case where the return in FORM GSTR-3B or the statement of outward supplies in FORM GSTR-1 or the statement in FORM GST CMP-08, as the case may be, has not been furnished for the period February, 2020 to August, 2020. 

5. In Form GSTR-1

In column 6 of Table No. 12 where HSN summary of outward supplies are reported, for the words “Total Value”, the words “Rate of tax” shall be substituted.

6. In Form GSTR-2A

The new Form GSTR – 2A shall also report ITC details arising from import of goods as well as from inward supplies of goods received from SEZ units/ developers.

7. In Form GSTR-9

♠ In column 2 against serial number 8C, for the statement “For FY 2017-18 ITC on inward supplies (other than imports and inward supplies liable to reverse charge but includes services received from SEZs) received during 2017-18 but availed during April 2018 to March 2019 and for FY 2018-19 , ITC on inward supplies (other than imports and inward supplies liable to reverse charge but includes services received from SEZs) received during 2018-19 but availed during April 2019 to September 2019”, the following statement shall be substituted, namely:

“ITC on inward supplies (other than imports and inward supplies liable to reverse charge but includes services received from SEZs) received during the financial year but availed in the next financial year up to specified period”.

♠ The heading of Part V shall be substituted as follows – “Particulars of the transactions for the financial year declared in returns of the next financial year till the specified period.”

♠  Following amendments have been made in the instructions of GSTR – 9,

♠  Following shall be inserted:

♠ In paragraph 2 namely:

“2A. In the Table, against serial numbers 4, 5, 6 and 7, the taxpayers shall report the values pertaining to the financial year only. The value pertaining to the preceding financial year shall not be reported here.”

♠  in paragraph 4, –

  • after the words, letters and figures, “that additional liability for the FY 2017-18 or FY 2018-19”, the word, letters and figures “or FY 2019-20” shall be inserted.
  • in the Table, in second column, for the letters, figures and word “FY 2017-18 and 2018-19” wherever they occur, the letters, figures and word “FY 2017-18, 2018-19 and 2019-20” shall be substituted.

♠  in second column of paragraph 5,

♠ against serial number 6B, after the entries, the following entry shall be inserted, namely:

“For FY 2019-20, the registered person shall report the breakup of input tax credit as capital goods and have an option to either report the breakup of the remaining amount as inputs and input services or report the entire remaining amount under the “inputs” row only.”;

♠  against serial number 6C and serial number 6D, –

(i) after the entry ending with the words “entire input tax credit under the “inputs” row only.”, the following entry shall be inserted, namely: –

“For FY 2019-20, the registered person shall report the breakup of input tax credit as capital goods and have an option to either report the breakup of the remaining amount as inputs and input services or report the entire remaining amount under the “inputs” row only.”;

(ii) in the entry ending with the words, figures and letters “Table 6C and 6D in Table 6D only.”, for the letters, figures and word “FY 2017-18 and 2018-19”, the letters, figures and word “FY 2017-18, 2018-19 and 2019-20” shall be substituted;

♠ against serial number 6E, after the entry, the following entry shall be inserted, namely: –

“For FY 2019-20, the registered person shall report the breakup of input tax credit as capital goods and have an option to either report the breakup of the remaining amount as inputs and input services or report the entire remaining amount under the “inputs” row only.”

♠  against serial number 7A, 7B, 7C, 7D, 7E, 7F, 7G and 7H, in the entry, for the letters, figures and word “FY 2017-18 and 2018-19”, the letters, figures and word “FY 2017-18, 2018-19 and 2019-20” shall be substituted.

♠  against serial number 8A, after the entry, the following entry shall be inserted, namely:

“For FY 2019-20, it may be noted that the details from FORM GSTR2A generated as on the 1st November 2020 shall be auto-populated in this table.”

♠ against serial number 8C, for the entries, the following entry shall be substituted, namely:-

“Aggregate value of input tax credit availed on all inward supplies (except those on which tax is payable on reverse charge basis but includes supply of services received from SEZs) received during the financial year for which the annual return is being filed for but credit on which was availed in the next financial year within the period specified under Section 16(4) of the CGST Act, 2017.”

♠ Following amendments has been made in paragraph 7, –

♠  after the words and figures “April 2019 to September 2019.”, the following shall be inserted, namely: –

“For FY 2019-20, Part V consists of particulars of transactions for the previous financial year but paid in the FORM GSTR-3B between April 2020 to September 2020.”

♠ In second column against serial number 10 & 11, after the entries, the following entry shall be inserted, namely: –

“For FY 2019-20, Details of additions or amendments to any of the supplies already declared in the returns of the previous financial year but such amendments were furnished in Table 9A, Table 9B and Table 9C of FORM GSTR-1 of April 2020 to September 2020 shall be declared here.”

♠ In second column against serial number 12, in the entry beginning with the word, letters and figures “For FY 2018-19” after the words “for filling up these details.”, the following entry shall be inserted, namely: –

“For FY 2019-20, Aggregate value of reversal of ITC which was availed in the previous financial year but reversed in returns filed for the months of April 2020 to September 2020 shall be declared here. Table 4(B) of FORM GSTR-3B may be used for filling up these details. For FY 2019-20, the registered person shall have an option to not fill this table.”

♠ In second column against serial number 13, in the entry beginning with the word, letters and figures “For FY 2018-19” after the words, letters and figures “in the annual return for FY 2019-20.”, the following entry shall be inserted, namely: –

“For FY 2019-20, Details of ITC for goods or services received in the previous financial year but ITC for the same was availed in returns filed for the months of April 2020 to September 2020 shall be declared here. Table 4(A) of FORM GSTR-3B may be used for filling up these details. However, any ITC which was reversed in the FY 2019-20 as per second proviso to sub-section (2) of section 16 but was reclaimed in FY 2020-21, the details of such ITC reclaimed shall be furnished in the annual return for FY 2020-21.”

I, In paragraph 7 as well as in paragraph 8 in second column, for the letters, figures and word “FY 2017-18 and 2018-19” wherever they occur, the letters, figures and word “FY 2017-18, 2018-19 and 2019-20” shall be substituted.

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One Comment

  1. Ramesh Kumar Thakur says:

    Kindly Request with authority to extend the due date of late fee waiver regarding GST return till December 2020 due to real cause of Pandemic
    I hope the request may be send to the authority
    Thanking you

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