Basic and Concise information at one place regarding all the notifications and order issued on 26th Dec, 2019 for implementation decisions of 38th GST Council Meeting held on 18th, Dec 2019 by the CBIC.

(Note 1- all the amendments made by the circulars or notification on dated 26th Dec, 2019 has been marked as bold)

  • Waiver of late fee for late filing of GSTR-1 of earlier tax periods w.e.f. 19th Dec, 2019

As per Notification No. 04/2018-Central Tax, The Central Government waived the amount of late fee payable by any registered person for failure to furnish the details of outward supplies for any month/quarter in FORM GSTR-1 by the due date under section 47 of the said Act, which is in excess of an amount of twenty-five rupees for every day during which such failure continues:

Provided that where there are no outward supplies in any month/quarter, the amount of late fee payable by such registered person for failure to furnish the said details by the due date under section 47 of the said Act shall stand waived to the extent which is in excess of an amount of ten rupees for every day during which such failure continues.

“Provided further that the amount of late fee payable under section 47 of the said Act shall stand waived for the registered persons who failed to furnish the details of outward supplies in FORM GSTR-1 for the months/quarters from July, 2017 to September, 2018 by the due date but furnishes the said details in FORM GSTR-1 between the period from 22nd December, 2018 to 31st March, 2019.” -vide notification no. 75/2018-Central Tax

“Provided also that the amount of late fee payable under section 47 of the said Act shall stand waived for the registered persons who failed to furnish the details of outward supplies in FORM GSTR-1 for the months/quarters from July, 2017 to November, 2019 by the due date but furnishes the said details in FORM GSTR-1 between the period from 19th December, 2019 to 10th January, 2020.”. – vide Notification No. -74/2019-Central Tax, dated 26th Dec, 2019

Summary – Govt. has waived the late filing fee failed to furnish FORM GSTR-1 for the months/quarters from July, 2017 to November, 2019 by the due date if furnishes the said details in FORM GSTR-1 between the period from 19th December, 2019 to 10th January, 2020

  • Restriction on availing the Input tax Credit under GST w.e.f. 26th Dec, 2019

Input tax credit to be availed by a registered person in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section GSTR-1, shall not exceed 10 per cent. of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers under sub-section (1) of section 37.  -vide notification no. -75/2019-Central Tax, dated 26th Dec, 2019

Summary: Earlier restrictions of 20% under rule 36(4) has been reduced to 10% with regards to Input Tax Credit not reflexing under GSTR-2A.

  • Conditions of use of amount available in electronic credit ledger w.e.f. 26th Dec, 2019

The Commissioner or an officer having reasons to believe that credit of input tax available in the electronic credit ledger has been fraudulently availed or is ineligible in as much as-

1. the credit of input tax has been availed on the strength of tax invoices or debit notes or any other document prescribed under rule 36-

issued by a registered person who has been found non-existent or not to be conducting any business from any place for which registration has been obtained; or

without receipt of goods or services or both; or

2. the credit of input tax has been availed on the strength of tax invoices or debit notes or any other document prescribed under rule 36 in respect of any supply, the tax charged in respect of which has not been paid to the Government; or

3. the registered person availing the credit of input tax has been found non-existent or not to be conducting any business from any place for which registration has been obtained; o

4. the registered person availing any credit of input tax is not in possession of a tax invoice or debit note or any other document prescribed under rule 36, may, for reasons to be recorded in writing, not allow debit of an amount equivalent to such credit in electronic credit ledger for discharge of any liability under section 49 or for claim of any refund of any unutilised amount.

The Commissioner, or the officer authorised by him under sub-rule (1) may, upon being satisfied that conditions for disallowing debit of electronic credit ledger as above, no longer exist, allow such debit.

Such restriction shall cease to have effect after the expiry of a period of one year from the date of imposing such restriction.”

-Vide notification no – 75/2019 central tax, dated 26th Dec, 2019

Summary:  In case of input tax available in the electronic credit ledger has been fraudulently availed or is ineligible in (as specified above), the commissioner or authorized officer shall not allow such credit in electronic credit ledger for discharge of any liability or for claim of any refund of any unutilised amount.

  • Extension of due date for Annual Return for the financial Year 2017-18

As per section 44(1) of the CGST Act, 2017 provides that every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year.

Certain technical problems are being faced by the taxpayers as a result whereof, the said annual return for the period from the 1st July, 2017 to the 31st March, 2018 could not be furnished by the registered persons, as referred to in the said sub-section (1) and because of that, certain difficulties have arisen in giving effect to the provisions of the said section.

NOW, THEREFORE, the Central Government, on recommendations of the Council, hereby makes the following Order, to remove the difficulties, In section 44 of the Central Goods and Services Tax Act, 2017, in the Explanation, for the figures, letters and word “31st December, 2019”, the figures, letters and word “31st January, 2020” has been substituted.

Source – ROD-10/2019-Central Tax, dated 26th Dec, 2019

Summary: Annual return filing due date has been further extended from 31st Dec, 2019 to 31st Jan, 2020.

  • Extension of due date for filing of various return under GST

1. Form GSTR-1

As per notification No. 46/2019-central Tax, the Commissioner extended the time limit for furnishing the details of outward supplies in FORM GSTR-1 of the Central Goods and Services Tax Rules, 2017, by such class of registered persons having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or the current financial year, for each of the months from October, 2019 to March, 2020 till the eleventh day of the month succeeding such month.

“Provided that for registered persons whose principal place of business is in the State of Jammu and Kashmir, the time limit for furnishing the details of outward supplies in FORM GSTR-1 of Central Goods and Services Tax Rules, 2017, by such class of registered persons having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or current financial year, for the month of October, 2019 till 20th December, 2019.”vide Notification No. 64/2019-Central Tax.

“Provided that for registered persons whose principal place of business is in the State of Assam, Manipur or Tripura, the time limit for furnishing the details of outward supplies in FORM GSTR-1 of Central Goods and Services Tax Rules, 2017, by such class of registered persons having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or current financial year, for the month of November, 2019 till 31st December, 2019.”

-vide notification no. – 76/2019-Central Tax w.e.f. 11th Dec, 2019.

Summary: Any person registered under Assam, Manipur or Tripura whose aggregate turnover of more than 1.5 crore rupees in the preceding financial year or current financial year, due date for furnishing the details of outward supplies in FORM GSTR-1 for the month of Nov, 2019 has been extended till 31st Dec, 2019.

2. Form GSTR-3B

As per Notification No. 44/2019-Central Tax, The Commissioner specified that the return in FORM GSTR-3B of the said rules for each of the months from October, 2019 to March, 2020 shall be furnished electronically through the common portal, on or before the twentieth day of the month succeeding such month.

“Provided further that the return in FORM GSTR-3B of the said rules for the month of November, 2019 shall be furnished electronically through the common portal, on or before the 23rd December, 2019.” Notification No. 73/2019-Central Tax

“Provided  also  that  the  return  in  FORM  GSTR-3B  of  the  said  rules  for  the  month  of November, 2019 for registered persons whose principal place of business is in the State of Assam, Manipur, Meghalaya or Tripura, shall be furnished electronically through the common portal, on or before the 31st December, 2019.”

-vide notification no. 77/2019-Central tax, dated 26th Dec, 2019

Summary – Any person registered under Assam, Manipur, Meghalaya or Tripura, due date for return in FORM GSTR-3B for the month of Nov, 2019 has been extended till 31st Dec, 2019.

 3. Form GSTR-7

AS per Notification No.-26/2019, the Commissioner extended the time limit for furnishing the return by a registered person required to deduct tax at source under the provisions of section 51 of the said Act in FORM GSTR-7 for the months of October, 2018 to July, 2019 till the 31st day of August, 2019.

“Provided also that the return by a registered person, required to deduct tax at source under the provisions of section 51 of the said Act in FORM GSTR-7 for the months of July, 2019 to October,2019, whose principal place of business is in the State of Jammu and Kashmir shall be furnished electronically through the common portal, on or before the 20th December, 2019.” Vide Notification no. – 65/2019-Central Tax

“Provided also that the return by a registered person, required to deduct tax at source under the provisions of section 51 of the said Act in FORM GSTR-7 of the Central Goods and Services Tax Rules, 2017 under sub-section (3) of section 39 of the said Act read with rule 66 of the Central Goods and Services Tax Rules, 2017, for the month of November, 2019, whose principal place of business is in the State of Assam, Manipur or Tripura, shall be furnished electronically through the common portal, on or before the 25th December, 2019.”  -Vide notification no. – 78/2019 dated 26th Dec, 2019

Summary – A registered person whose principal place of business is in the State of Assam, Manipur or Tripura and required to deduct tax at source under the provisions of section 51 of the said Act, the return in FORM GSTR-7 for the month of Nov, 2019, shall be furnished electronically through the common portal, on or before the 25th December, 2019.”

Last date .i.e. 25th Dec, 2019 for GSTR-7 has been specified through a notification which has been published on 26th Dec, 2019 and it has been specified that such notification shall be deemed as published on dated 10th Dec, 2019.

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