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GST Recent Amended Circulars and Orders

 


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GST Recent Amended Circulars and Orders from Nov, 2020 to Feb 2021





S.NOCircular No. and date of issueDescription (in short)Link for reference
1144/14/2020-GST  15-12-2020Waiver from recording of UIN on the invoices for the months of April 2020 to March2021. Therefore, it has been decided to give waiver from recording
of UIN on the invoices issued by the retailers/suppliers, pertaining to the refund claims from
April 2020 to March 2021, subject to the condition that the copies of such invoices are attested
by the authorized representative of the UIN entity and the same is submitted to the jurisdictional
officer.		https://cbic-gst.gov.in/pdf/Circular_Refund_144_12_2020.pdf
2143/13/2020-GST 10-11-2020CBIC has come up with a new scheme for small taxpayers having an aggregate turnover of up to 5 crores. This scheme will allow small taxpayers to file their returns on a quarterly basis and make their payments on a monthly basis. This scheme has an objective to ease the tax compliance for the small taxpayers.                                                                            
 1. Applicability and Eligibility: This scheme is applicable from 1.01.2021 for the registered person having an aggregate turnover of Rs. 5 Cr.                                                                                       
2. Exercising the Scheme: A taxpayer may choose this scheme even anytime if it fulfills the eligibility criteria. As per Rule 61A Portal will provide an option to opt under this scheme from the 1st day of the 2nd Month of Prev. Quarter to the Last day of 1st month of the quarter.                                                                                                                                                                                         Note: *QRMP Scheme from Apr’21 to Jun’21 Exercise Period: 1st Feb 20 to 31st Apr’21                                                                                     
3. Furnishing GSTR-1 under QRMP Scheme: The Taxpayer will have an option to furnish an Invoice up to 50 Lakh per month through an Invoice Furnishing Facility (IFF) between the 1st to 13th of the succeeding month So the same gets reflected in GSTR-2A/2B of the recipient. After 13 the said facility would not be available Therefore the taxpayer will be required to file GSTR-1 to make available the ITC to the recipient. The Taxpayer may also file GSTR-1 directly for the whole Quarter.
4. Payments under the QRMP Scheme:  Payments are required to be made on the 25th day of the succeeding month in Form GST PMT-06. It provides an option to pay a fixed sum or a self-assessed tax. Under Fixed Sum Method taxpayers will be required to pay 35% of Tax paid in Cash in prev. quarter or cash paid in the last month of prev. quarter. This facility of the fixed sum would be available only if the taxpayer is registered from 1st day of the Tax period only. Under the Self Assessed Tax method taxpayer will pay tax considering the inward and Outward during the month. In case any refund arises due to excess payment in the 1st two months, the same shall be permitted only after filing of GSTR-3B for the Quarter, and the excess amount not be utilized for any other purpose.                                                                                                                                                                                                   
5. Furnishing GSTR-3B under QRMP Scheme Furnishing GSTR-3B on 22nd/24th of succeeding month of quarter-end. GSTR- 3B is mandatory even in case of cancellation of GST Registration within 1st two months of the quarter.                                                                                                                                                                                                              
6. Interest Liability under the QRMP Scheme The taxpayer shall discharge his tax liability by timely filing GSTR-3B or else an interest would be liable on the difference between the tax payable and paid from the date of furnishing of FORM GST PMT-06 till the date of such payment .                                                                                                                                                      
7. Late Fee Liability under the QRMP Scheme No late fees for delay in tax for the 1st two months. However late fees would be applicable for Quarterly filing Returns (GSTR-1 and GSTR-3B). 		https://cbic-gst.gov.in/pdf/Circular_Refund_143_11_2020.pdf
GST Recent Amended Notifications from Nov, 2020 to Feb 2021




S.NONotification No. and date of issueDescription (in short)Link for reference
102/2021-Central Tax dated 12.01.2021States about appointment of Commissioners of central tax and their powers vested under Central Goods and Services Tax Act, 2017 (“CGST Act”), in following manner:                       1)In Table I– Jurisdiction of Principal Chief Commissioner/Chief Commissioner of Central Tax : Substituted the jurisdiction of the Principal Chief Commissioner, Delhi vested over ‘Commissioner (Appeals II) Delhi and Additional Commissioner or Joint Commissioner (Appeals II) Delhi’ to ‘Commissioner (Appeals I) Delhi and Additional Commissioner (Appeals II) Delhi’
Substituted the jurisdiction of the Principal Chief Commissioner, Mumbai vested over ‘Commissioner (Appeals I) Mumbai and Additional Commissioner or Joint Commissioner (Appeals I) Mumbai’ to ‘Commissioner (Appeals II) Mumbai and Additional Commissioner (Appeals I)                                                                                                                                                                                  
2) In Table III- Jurisdiction of Commissioner of Central Tax (Appeals) and Additional Commissioner or Joint Commissioner of Central Tax (Appeals)
Inserted a note that, the Commissioner of Central Tax (Appeals I) Delhi, shall have jurisdiction in terms of Principal Commissioner over Delhi I (Delhi North, Delhi East) and Delhi II (Delhi South, Delhi West).
Further, inserted another note that, the Commissioner (Appeals II) Mumbai, shall have jurisdiction in terms of Principal Commissioner over Mumbai I (Mumbai South) and Mumbai II (Mumbai East, Mumbai Central).Mumbai’		https://cbic-gst.gov.in/pdf/central-tax/notfctn-02-central-tax-english-2021.pdf
201/2021-Central Tax dated 01.01.2021The Central Government, on the recommendations of the Council, hereby makes the following rules further to amend, namely: – 1) In the Central Goods and Services Tax Rules, 2017, in rule 59, after sub-rule (5), the following sub-rule shall be inserted namely:- “(6) Notwithstanding anything contained in this rule, –                                                             
(a) a registered person shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1, if he has not furnished the return in FORM GSTR-3B for preceding two months;                                                                                                                                                                                                                                                           
(b) a registered person, required to furnish return for every quarter under the proviso to sub-section (1) of section 39, shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1 or using the invoice furnishing facility, if he has not furnished the return in FORM GSTR-3B for preceding tax period;                                                                                                                                                                                                                                                                                                                                               
(c) a registered person, who is restricted from using the amount available in electronic credit ledger to discharge his liability towards tax in excess of ninety-nine per cent. of such tax liability under rule 86B, shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1 or using the invoice furnishing facility, if he has not furnished the return in FORM GSTR-3B for preceding tax period		https://arkca.in/wp-content/uploads/2021/01/notfctn-01-central-tax-english-2021.pdf
395/2020-Central Tax dated 30.12.2020Seeks to extend the time limit for furnishing of the annual return specified under section 44 of CGST Act, 2017 for the financial year 2019-20 till 28.02.2021.https://cbic-gst.gov.in/pdf/central-tax/notfctn-95-central-tax-english-2020.pdf
494/2020-Central Tax dated 22.12.2020Brief summary of New Notification No 94/2020 issued by CBIC wef 01st Jan 2021                                                                                                                                                                                                                     Rule 36(4): Now taxpayers can avail ITC pertaining to outward supplies not declared by there suppliers in Form GSTR-1/IFF only to the extent of 5% (So from earlier original 20% limit, reduced to 10% later, is now further reduced to 5%)

New Sub Rule 59(5): Taxpayers will now not be allowed to furnish form GSTR 1 if they have not furnished their Form GSTR 3B for preceding two months, in similar lines if taxpayer has opted for QRMP scheme and has defaulted in filing Form GSTR 3B of previous quarter then subsequent filing of Form GSTR 1/IFF will not be allowed.

New Rule 86(B): Now mandatory tax payment of 1% of output tax liability in CASH : As per this new rule now the taxpayers won’t be able to use the amount available in there electronic credit ledger to discharge his liability towards output tax in excess of 99% of such tax liability, in cases where the value of taxable supply other than exempt supply and zero-rated supply, in a month exceeds fifty lakh rupees. CBIC has provided some situations where this restrictions won’t be applicable.(A major blow to taxpayers, voilate the basic principles of Gst towards seamless flow of credits)		https://cbic-gst.gov.in/pdf/central-tax/notfctn-94-central-tax-corrigendum-2020.pdf
593/2020-Central Tax dated 22.12.2020Seeks to waive late fee for FORM GSTR-4 filing in UT of Ladakh for Financial year 2019-20.https://cbic-gst.gov.in/pdf/central-tax/notfctn-93-central-tax-english-2020.pdf
692/2020-Central Tax dated 22.12.2020On 22 December 2020, the Central Government has issued Notification No.92/2020-Central Tax to appoint 01 January 2021 as the date Sections 119, 120, 121, 122, 123, 124, 126, 127 and 131 of the Finance Act, 2020 will be applicable. These sections in the Finance Act, 2020 relate to amendments in the provisions of the CGST Act, 2017. Refer link https://www.mastersindia.co/gst/summary-of-notification-no-92-2020/https://cbic-gst.gov.in/pdf/central-tax/notfctn-92-central-tax-english-2020.pdf
791/2020-Central Tax dated 14.12.2020The time limit to take actions or comply with the anti-profiteering provision under section 171 is extended upto 31st March 2021.https://cbic-gst.gov.in/pdf/central-tax/notfctn-91-central-tax-english-2020.pdf
890/2020-Central Tax dated 01.12.2020This notification seeks to amend Notification No.12/2017 – Central Tax, dated 28th June 2017, prescribing the rules for mentioning the HSN codes on a tax invoice, for a certain class of supplies as listed in the notification.https://cbic-gst.gov.in/pdf/central-tax/notfctn-90-central-tax-english-2020.pdf
989/2020-Central Tax dated 29.11.2020This notification seeks to waive the penalty payable by a registered person under section 125 of the CGST Act for non-compliance of the provisions of notification No.14/2020 – Central Tax (i.e. Generating a dynamic QR code for B2C invoices by eligible enterprises), between 1st December 2020 and 31st March 2021, provided the said person complies with the provisions of the said notification from 1st April 2021.https://cbic-gst.gov.in/pdf/central-tax/notfctn-89-central-tax-english-2020.pdf
1088/2020-Central Tax dated 10.11.2020This notification prescribes the eligibility of e-invoicing, seeking to implement e-invoicing for taxpayers having an aggregate turnover exceeding Rs.100 crore, from 1st January 2021.https://cbic-gst.gov.in/central-tax-notifications.html
1187/2020-Central Tax dated 10.11.2020This notification extends the time limit for furnishing Form GST ITC-04, in respect of goods dispatched to a job worker or received from a job worker, during the period from July to September 2020, until 30th November 2020.https://cbic-gst.gov.in/central-tax-notifications.html
1286/2020-Central Tax dated 10.11.2020This notification seeks to rescind notification 76/2020 – Central Tax, which was issued with regard to furnishing of Form GSTR-3Bhttps://cbic-gst.gov.in/central-tax-notifications.html
1385/2020-Central Tax dated 10.11.2020This notification prescribes the manner of making payment for the first two months of the quarter for quarterly filers furnishing returns under section 39(1) of the CGST Act, i.e. GSTR-3B return.https://cbic-gst.gov.in/central-tax-notifications.html
1484/2020-Central Tax dated 10.11.2020This notification prescribes the class of registered taxpayers with regard to furnishing the return under section 39(1) i.e. GSTR-3B.https://cbic-gst.gov.in/central-tax-notifications.html
1583/2020-Central Tax dated 10.11.2020This notification prescribes the due dates for furnishing Form GSTR-1 for the specified periods for monthly/quarterly filers.https://cbic-gst.gov.in/central-tax-notifications.html
1682/2020-Central Tax dated 10.11.2020This notification seeks to make amendments in the CGST Rules, 2017, such as:
1. A new Invoice Furnishing Facility (IFF) has been introduced for quarterly return filers to furnish their documents for each of the first two month of the quarter, between the 1st and 13th of the succeeding month.
2. Provisions and Format of the new auto-drafted ITC statement FORM GSTR-2B have been specified.
3. Due dates for furnishing Form GSTR-3B for the months/quarters of Oct’20 to Mar’21 for taxpayers with turnover up to Rs.5 crore have been notified.
4. Provisions for the payment of taxes for quarterly GSTR-3B return filers have been prescribed.		https://cbic-gst.gov.in/central-tax-notifications.html
1781/2020-Central Tax dated 10.11.2020This notification prescribes the date on which the provisions of sub-sections (1), (2) and (7) of section 139 of the Central Goods and Services Tax Act, 2017, as amended by the Finance (No.2) Act, 2019, shall come into force. Section 139 contains the provisions for furnishing of returns.

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