Taxation & Accounting

Category: Gst (Page 1 of 174)

Advisory for Taxpayers regarding Generation of EWB where the principal supply is Supply of services.

Advisory for Taxpayers regarding Generation of EWB where the principal supply is Supply of services.

One of the common issued faced by taxpayers who are dealing with composite supply where there is requirement to ship goods also when executing a service contract. To address this GSTN has issued an advisory on the same.

1. Representations have been received from various trade bodies stating that they are not able to generate EWB bill for movement of those goods where their principle supply is classifiable as a service, since there is no provision for generating E-way Bill by entering SAC (Service Accounting Code-Chapter 99) alone on the E- way bill portal.

2. To overcome this issue, the taxpayers are advised as below:

a) Rule 138 of CGST Rules, 2017, inter alia, states “Information to be furnished prior to commencement of movement of goods and generation of e-way bill.-(1) Every registered person who causes movement of goods of consignment value exceeding fifty thousand rupees….†Thus, E way bill is required to be generated for the movement of Goods.

b) Therefore, in cases where the principal supply is purely a supply of service and involving no movement of goods, the e-way bill is not required to be generated.

c) However, in cases where along with the principal supply of service, movement of some goods is also involved, e-way bill may be generated. Such situations may arise in cases of supply of services like printing services, works contract services, catering services, pandal or shamiana services, etc. In such cases, e-way bill may be generated by entering the details of HSN code of the goods, along with SAC (Service Accounting Code) of services involved.

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On demand fetching of Bill of Entry details from ICEGATE Portal

On demand fetching of Bill of Entry details from ICEGATE Portal

One of the common issued faced by the importer of goods, is Bill of Entry not being reflected in Form GSTR – 2B.

To address this, the portal has provided with a new functionality wherein the taxpayers/importers can fetch the records from the ICEGATE portal. In this context new feature has been released and an advisory is also issued by the GSTN for the ease of understanding of the taxpayers.

  1. To help importers of goods, and recipients of supplies from SEZ, search Bill of Entry details, which did not auto-populate in GSTR-2A, a self-service functionality has been made available on the GST Portal that can be used to search such records in GST System, and fetch the missing records from ICEGATE.
  2. Please note that it usually takes 2 days (after reference date) for BE details to get updated on GST Portal from ICEGATE. This functionality should, therefore, be used if data is not available after this period.
    Note: The reference date would be either Out of charge date, Duty payment date, or amendment date – whichever is later.
  3. Taxpayers can follow the below steps to fetch the requisite details:
    1. Login to GST Portal
    2. Navigate to Services > User Services > Search BoE
    3. Enter the Port Code, Bill of Entry Number, Bill of Entry Date and Reference Date and click the SEARCH button.
      Note: The reference date would be either Out of charge date, Duty payment date, or amendment date – whichever is later.
    4. If the BoE details do not appear in the Search results, click on the QUERY ICEGATE button, at the bottom of the screen, to trigger a query to ICEGATE.
    5. History of fetched BoE details from ICEGATE along with status of query are displayed after 30 minutes from the time of triggering the query.
  4. For records of type IMPG (Import of Goods), details of: Period for Form GSTR-2A (system generated Statement of Inward Supplies); Reference Date; Bill of Entry Details like Port Code, BoE Number, BoE Date & Taxable Value; and Amount of Tax would be displayed.
    For records of type IMPGSEZ (Import of Goods from SEZ), details of: Period for Form GSTR-2A; Reference Date; GSTIN of Supplier; Trade Name of Supplier; Bill of Entry Details like Port Code, BoE Number, BoE Date & Taxable Value; and Amount of Tax would be displayed.
  5. Taxpayers are advised to confirm correct details either from BE documents, or using ICEGATE portal
  6. For more details, click on: https://tutorial.gst.gov.in/userguide/taxpayersdashboard/index.htm#t=Manual_boe.htm
  7. In case of any problem, please create a ticket at the GST Helpdesk or GST Self-service portal by including following details:
    1. complete details of BE records
      1. GSTIN
      2. BE Number
      3. BE Date
      4. Port Code
      5. Reference Number
    2. Screenshot of ICEGATE portal with BE record
    3. Any error that they may have encountered while using the “Search BoE†functionality on GST Portal

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Recommendations of 45th GST Council Meeting

Recommendations of 45th GST Council Meeting.

The first meeting to take place in persons after the impact of COVID-19.

Some key decisions are taken in today’s meeting to augment revenue, stream line GST provisions on portal as per Law and some exemptions were provided for treatment of COVID-19 or extension of concessional rates extended till 31st Dec 2021.

  • Life-saving drugs Zolgensma and Viltepso used in treatment of Spinal-Muscular Atrophy exempted from GST when imported for personal use
  • Extension of existing concessional GST rates on certain COVID-19 treatment drugs upto 31 December 2021
  • GST rates on 7 other medicines recommended by Department of Pharmaceuticals reduced from 12% to 5% till 31
    December 2021
  • GST rate on Keytruda medicine for treatment of cancer reduced from 12% to 5%
  • GST rates on Retro fitment kits for vehicles used by persons with special abilities reduced to5%
  • GST rates on Fortified Rice kernels for schemes like ICDS reduced from 18% to 5%
  • Council also recommends major changes in GST rates and scope of exemption on Services
  • Recommends several clarifications in relation to GST rates on Goods and Services
  • Council recommends several measures relating to GST law and procedure
  • Council decides to set up 2 GoMs to examine issue of correction of inverted duty structure for major sectors and for using technology to further improve compliance, including monitoring

The GST Council’s 45 meeting was held today in Lucknow under the chairmanship of the Union Finance & Corporate Affairs Minister Smt. Nirmala Sitharaman. The GST Council has inter-alia made the following recommendations relating to changes in GST rates on supply of goods and services and changes related to GST law and procedure:

I. Recommendations relating to GST rates on goods and services

A. COVID-19 relief measure in form of GST rate concessions

1. Extension of existing concessional GST rates (currently valid till 30 September, 2021) on following Covid-19 treatment drugs, up to 31 December, 2021 , namely-
a) Nil Rate for Amphotericin B

b) 5% on Remdesivir

c) Nil rate on Tocilizumab

d) 5% on Anti-coagulants like Heparin

2. Reduction of GST rate to 5% on more Covid-19 treatment drugs, up to 31 December, 2021,namely-

a) Itolizumab
b) Posaconazole
c) Infliximab
d) Favipiravir
e) Casirivimab & Imdevimab
f) 2-Deoxy-D-Glucose
g) Bamlanivimab & Etesevimab

Major recommendations on GST rate changes in relation to Goods with effective from 1st Oct 20201 unless otherwise stated

a) GST Rate on Retro fitment kits for vehicles used by the disabled has been reduced from applicable rate to 5%

b) GST Rate on Fortified Rice Kernels for schemes like ICDS etc. has been reduced from 18% to 5%

c) GST Rate on Medicine Keytruda for treatment of cancer has been reduced from 12% to 5%

d) GST Rate on Biodiesel supplied to OMCs for blending with Diesel has been reduced from 12% to 5%

e) GST rate on Ores and concentrates of metals such as iron, copper, aluminum, zinc and few others has been increased from 5% to 12%.

f) GST rates on Specified Renewable Energy Devices and parts has been increased from 5% to 12%

g) GST rates on Cartons, boxes, bags, packing containers of paper etc. has been rationalized to 18% from existing rates of 12% and 18%.

h) GST rates on Waste and scrap of polyurethanes and other plastics has been increased from 5% to 18%.

i) Rates have been rationalized on All kinds of pens from 12% & 18% to 18%.

j) GST Rates on Railway parts, locomotives & other goods in Chapter 86 has been increased from 12% to 18%

h) GST Rates on Miscellaneous goods of paper like cards, catalogue, printed material (Chapter 49 of tariff) has been increased from 12% to 18%.

k) IGST on import of medicines for personal use, has been exempted from the current rate of 12% on Zolgensma
for Spinal Muscular Atrophy, Viltepso for Duchenne Muscular Dystrophy & Other medicines used in treatment of muscular atrophy recommended by Ministry of Health and Family Welfare and Department of Pharmaceuticals.

l) IGST exemption on goods supplied at Indo-Bangladesh Border haats has bee rationalized from existing rates to Nil rate

m) Unintended waste generated during the production of fish meal except for Fish Oil is declared as Nil rated from 1st July 2017 to 30th Sep 2019.

C. Other changes relating to GST rates on goods

  1. Supply of mentha oil from unregistered person has been brought under reverse charge. Further, Council has also recommended that exports of Mentha oil should be allowed only against LUT and consequential refund of input tax credit.
  2. Brick kilns would be brought under special composition scheme with threshold limit of Rs. 20lakhs, with effect from 1.4.2022. Bricks would attract GST at the rate of 6% without ITC under the scheme. GST rate of 12% with ITC would otherwise apply to bricks.

D. Correction in Inverted Duty structure in Footwear and Textiles sector

GST rate changes in order to correct inverted duty structure, in footwear and textiles sector, as was discussed in earlier GST Council Meeting and was deferred for an appropriate time, will be implemented with effect from 01.01.2022.

E. In terms of the recent directions of the Hon’ble High Court of Kerala, the issue of whether specified petroleum products should be brought within the ambit of GST was placed for consideration before the Council. After due deliberation, the Council was of the view that it is not appropriate to do so at this stage.

F. Major GST changes in relation to rates and scope of exemption on Services with effective from 1st Oct 2021 unless otherwise stated

a) Validity of GST exemption on transport of goods by vessel and air from India to outside India is extended upto 30.9.2022.

b) GST rates on Services by way of grant of National Permit to goods carriages on payment of fee has been reduced from 18% Nil Rate

c) GST rates Skill Training for which Government bears 75% or more of the expenditure [ presently exemption applies only if Govt funds 100%]. from current rate of 18% to Nil rate

d) GST rates Services related to AFC Women’s Asia Cup 2022. has been reduced from current rate of 18% to Nil Rate

e) GST rates on Licensing services/ the right to broadcast and show original films, sound recordings, Radio and Television programmes [ to bring parity between distribution and licencing services] has been increased from 12% to 18%.

f) Printing and reproduction services of recorded media where content is supplied by the publisher (to bring it on parity with Colour printing of images from film or digital media) has been increased from 12% to 18%

g) Exemption on leasing of rolling stock by IRFC to Indian Railways withdrawn.

h) E Commerce Operators are being made liable to pay tax on following services provided through them

i) transport of passengers, by any type of motor vehicles through it with effective from 1st Jan 2022.

ii) restaurant services provided through it with some exceptions with effective from 1st Jan 2022

i) Certain relaxations have been made in conditions relating to IGST exemption relating to import of goods on lease, where GST is paid on the lease amount, so as to allow this exemption even if (i) such goods are transferred to a new lessee in India upon expiry or termination of lease; and (ii) the lessor located in SEZ pays GST under forward charge.

G. Clarification in relation to GST rate on Goods

  1. Pure henna powder and paste, having no additives, attract 5% GST rate under Chapter 14.
  2. Brewers’ Spent Grain (BSG), Dried Distillers’ Grains with Soluble [DDGS] and other such residues, falling under HS code 2303 attract GST at the rate of 5%.
  3. All laboratory reagents and other goods falling under heading 3822 attract GST at the rate of12%.
  4. Scented sweet supari and flavored and coated illachi falling under heading 2106 attract GST atthe rate of 18%
  5. Carbonated Fruit Beverages of Fruit Drink” and “Carbonated Beverages with Fruit Juice”attract GST rate of 28% and Cess of 12%. This is being prescribed specifically in the GST rate schedule.
  6. Tamarind seeds fall under heading 1209, and hitherto attracted nil rate irrespective of use. However, henceforth they would attract 5% GST rate effective from 1st Oct 2021 for use other than sowing. Seeds for sowing will continue at nil rate.
  7. External batteries sold along with UPS Systems/ Inverter attract GST rate applicable to batteries [ 28% for batteries other than lithium-ion battery] while UPS/inverter would attract18%.
  8. GST on specified Renewable Energy Projects can be paid in terms of the 70:30 ratio for good sand services, respectively, during the period from 1st July 2017 to 31st Dec 2018 in the same manner as has been prescribed for the period on or after 1 January 2019.
  9. Due to ambiguity in the applicable rate of GST on Fibre Drums, the supplies made at 12%GST in the past have been regularised. Henceforth, a uniform GST rate of 18% would apply to all paper and paper board containers, whether corrugated or non-corrugated.
  10. Distinction between fresh and dried fruits and nuts is being clarified for application of GST rate of “nil†and 5%/12% respectively;
  11. It is being clarified that all pharmaceutical goods falling under heading 3006 attract GST at the rate of 12% [ not 18%].
  12. Essentiality certificate issued by Directorate General of Hydrocarbons on imports would suffice; no need for taking a certificate every time on inter-state stock transfer.

H. Clarification in relation to GST rate on services

  1. Coaching services to students provided by coaching institutions and NGOs under the central sector scheme of ‘Scholarships for students with Disabilities†is exempt from GST
  2. Services by cloud kitchens/central kitchens are covered under ‘restaurant service’, and attract5% GST [ without ITC].
  3. Ice cream parlor sells already manufactured ice- cream. Such supply of ice cream by parlors would attract GST at the rate of 18%.
  4. Overloading charges at toll plaza are exempt from GST being akin to toll.
  5. The renting of vehicle by State Transport Undertakings and Local Authorities is covered by expression ‘giving on hire’ for the purposes of GST exemption
  6. The services by way of grant of mineral exploration and mining rights attracted GST rate of18% with effective from 1st July 2017
  7. Admission to amusement parks having rides etc. attracts GST rate of 18%. The GST rate of28% applies only to admission to such facilities that have casinos etc.
  8. Alcoholic liquor for human consumption is not food and food products for the purpose of the entry prescribing 5% GST rate on job work services in relation to food and food products.

II. On the issue of compensation scenario, a presentation was made to the Council wherein it was brought out that the revenue collections from Compensation Cess in the period beyond June 2022 till April 2026 would be exhausted in repayment of borrowings and debt servicing made to bridge the gap in 2020-21 and 2021-22. In this context various options, as have been recommended by various committees/ forums were presented. The Council deliberated at length on the issue. The Council decided to set up a GoM to examine the issue of correction of inverted duty structure for major sectors; rationalize the rates and review exemptions from the point of view of revenue augmentation, from GST. It was also decided to set up a GoM to discuss ways and means of using technology to further improve compliance including monitoring through improved e-way bill systems, e-invoices, FASTag data and strengthening the institutional mechanism for sharing of intelligence and coordinated enforcement actions by the Centre and the States.

III. Recommendations relating to GST law and procedure

I. Measures for Trade facilitation

1. Relaxation in the requirement of filing FORM GST ITC-04:

Requirement of filing FORM GST ITC-04 under rule 45 (3) of the CGST Rules has been relaxed asunder:
a. Taxpayers whose annual aggregate turnover in preceding financial year is above Rs. 5 crores shall furnish ITC-04 once in six months ;
b. Taxpayers whose annual aggregate turnover in preceding financial year is upto Rs. 5 crores shall furnish ITC-04 annually.

2. In the spirit of earlier Council decision that interest is to be charged only in respect of net cash liability, section 50 (3) of the CGST Act to be amended retrospectively, with effective from 1st July 2017, to provide that interest is to be paid by a taxpayer on “ineligible ITC availed and utilized †and not on “ineligible ITC availedâ€. It has also been decided that interest in such cases should be charged on ineligible ITC availed and utilized at 18% with effective from 1st July 2017.

3. Unutilized balance in CGST and IGST cash ledger may be allowed to be transferred between distinct persons
(entities having same PAN but registered in different states) , without going through the refund procedure, subject to certain safeguards.

4. Issuance of the following circulars in order to remove ambiguity and legal disputes on various issues, thus benefiting taxpayers at large:

a. Clarification on scope of “intermediary services

b. Clarification relating to interpretation of the term “merely establishment of distinct person â€in condition (v) of the Section 2 (6) of the IGST Act 2017 for export of services. A person incorporated in India under the Companies Act, 2013 and a person incorporated under the laws of any other country are to be treated as separate legal entities and would not be barred by the condition (v) of the sub-section (6) of the section 2 of the IGST Act 2017 for considering a supply of service as export of services;

c. Clarification in respect of certain GST related issues:

  1. With effective from 1st jan 2021 , the date of issuance of debit note (and not the date of under lying invoice) shall determine the relevant financial year for the purpose of section 16(4) of CGST Act, 2017;
  2. There is no need to carry the physical copy of tax invoice in cases where invoice has been generated by the supplier in the manner prescribed under rule 48(4) of the CGST Rules, 2017;
  3. Only those goods which are actually subjected to export duty i.e., on which some export duty has to be paid at the time of export, will be covered under the restriction imposed under section 54(3) of CGST Act, 2017 from availment of refund of accumulated ITC.

5. Provision to be incorporated in in CGST Rules, 2017 for removing ambiguity regarding procedure and time limit for filing refund of tax wrongfully paid as specified in section77(1) of the CGST/SGST Act and section 19(1) of the IGST Act.

J. Measures for streamlining compliances in GST

1. Aadhaar authentication of registration to be made mandatory for being eligible for filing refund claim and application for revocation of cancellation of registration.
2. Late fee for delayed filing of FORM GSTR-1 to be auto-populated and collected in next open return in
FORM GSTR-3B.
3. Refund to be disbursed in the bank account, which is linked with same PAN on which registration has been obtained under GST.
4.Rule 59(6) of the CGST Rules to be amended with effect from 01.01.2022 to provide that a registered person shall not be allowed to furnish FORM GSTR-1 , if he has not furnished the return in FORM GSTR-3B for the preceding month.
5.Rule 36(4) of CGST Rules, 2017 to be amended, once the proposed clause (aa) of section16(2) of CGST Act, 2017 is notified, to restrict availment of ITC in respect of invoices/ debit notes, to the extent the details of such invoices/ debit notes are furnished by the supplier in FORM GSTR-1/ IFF and are communicated to the registered person in
FORM GSTR-2B

K. GST Council has also recommended amendments in certain provisions of the Act and Rules.

.Note: The recommendations of the GST Council have been presented in this release containing major item of decisions in simple language for information of all stakeholders. The same would be given effect through relevant Circulars/ Notifications/ Law amendments which alone shall have the force of law.

Release ID: 1755925)

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Annual Aggregate Turnover Computation Methodology

For Normal Taxpayers who have filed all GSTR-3Bs:

Turnover reported in GSTR-3B Column 2 of Table 3.1 { (a),(b),(c) & (e)} during the Financial Year 2020-21 have been taken into consideration (in case all the returns have been filed for the same).

  1. Outwardtaxable supplies(other than zerorated, nil rated and exempted).
  2. Outwardtaxable supplies(zero rated).
  3. Other outward supplies (nil rated, exempted).
  4. Non-GST outward supplies.

For Normal Taxpayers who have not filed all GSTR-3Bs:

The following formula is used for extrapolation of turnover:

(Sum of taxable value) X (*No.of GSTR-3B liable to be filed)/(No. of GSTR-3B filed)

*Categorisation of taxpayers to derive the number of GSTR-3B liable to be filed

I. GSTINs who are active as on date and were NOT IN composition during FY 2020-21,number of GSTR-3B liable to be filed have been arrived at as follows:

  1. If the taxpayer is migrated, then No.of GSTR-3B liable to be filed is 12
  2. If the taxpayer is new and registered on or before 31st March,2021, the No.of GSTR-3Bs liable to be filed shall be derived on the basis of GSTIN approval/grant date i.e. if approval/grant date is on or before April, 2020, then 12, else based on month of approval/grant of GSTIN (e.g. If the month of grant of GSTIN is May 2020, then number of GSTR-3B liable to be filed is 11,if it is June 2020, then it is 10 and so on).

II. GSTINs who are cancelled as on date and were NOT IN composition during 2020-21, number of GSTR-3B liable to be filed have been arrived at as follows:

  1. GSTINs registered on or before 31st March 2021.
  2. Months between cancellation date and approval/grant date of GSTIN decides the number of GSTR-3B liable to be filed.
  3. If cancellation date is beyond March 2021, then month between March 2021 and approval/grant Month of GSTIN is derived.
  4. If approval/Grant of GSTIN month is before April 2020, then month between cancellation date and April 2020 is derived.

III. GSTINs who are active as on date and were in composition BUT WITHDRAWN during 2020-21,number of GSTR-3B liable to be filed have been arrived at as follows:

  1. GSTINs registered on or before 31st March 2021.
  2. Months between Withdrawal date and 31st March 2021 is defined as number of GSTR-3B liable to file.

IV. GSTINs who are cancelled as on date and were in composition BUT WITHDRAWN during 2020-21, number of GSTR-3B liable to be filed have been arrived at as follows:

  1. GSTINs registered on or before 31st March 2021.
  2. Months between Withdrawal date and 31st March 2021 and cancellation date decides the number of GSTR-3B liable to be filed.
  3. If cancellation date is beyond March 2021, then month between March 2021 and Withdrawal Month of GSTIN is derived.

For Composition Taxpayers opted-in throughout the FY: Since the Annual Aggregate Turnover limit for opting in as Composition Taxpayer is up to Rs. 1.5 crore, and will use the following extrapolation formula:

(Sum of taxable value) X (*No. of CMP-08 liable to be filed)/ (No. of CMP-08 filed)

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Advisory on Annual Aggregate Turnover Functionality

Aggerate Annual Turnover for the Financial Year is being displayed on the GST portal when the user clicks on Navigate to Returns Dashboard at the time of login.

The values for AATO displayed is based on return filing data filed by taxpayers and computation done as on 26/06/2021. Turnover value is updated dynamically as per filing of Returns. Aggregate Turnover is updated dynamically based upon the filings done by all GSTINs under the PAN. Final Turnover & Aggregate Turnover will be made available post tax-officer’s verification 11/10/2021.

On the page user can see the values based on the returns filed and if there not filled up to date, the AATO  is estimated and shown. In case if the returns are filed, then the actual AATO based on the returns is displayed.

If the value for AATO is wrong, the taxpayers can file a ticket  https://selfservice.gstsystem.in . and get the same rectified.

An Advisory has been issued in this context and it is highly recommended for all the professional to go through the same.

  • This facility shows to the taxpayer AATO (Annual Aggregate Turnover) based on the returns filed by him/her in the last financial year.
  • The facility of turnover update has also been provided to the taxpayer in this functionality, if the said taxpayer feels that the system calculated turnover varies from the turnover as per his/her records.
  • As stated, the calculation is based on the returns filed in the last financial year. For details of the calculation see Turnover calculation logic .
  • This facility of turnover update shall be provided to all the GSTINs registered on a common PAN. All the changes by any of the GSTINs in his turnover shall be summed up for computation of Annual Aggregate Turnover for each of the GSTINs.
  • The taxpayer can amend the turnover twice within a period of one month from the date of roll out of this functionality.
  • Thereafter, the updated value shall be frozen with no further attempts provided to the taxpayers to amend their turnover(s) and this turnover figure will be sent to the Jurisdictional Tax Officer for review.
  • In case the jurisdictional Officer finds any discrepancy in the updated/amended values furnished by the taxpayer, the said officer can amend the turnover.
  • Tax officers are expected to consult and/or communicate with the taxpayer before amending the turnover declared by the taxpayer.
  • The turnover finalized by the tax officer after such consultation shall be considered final.
  • In case no action is taken by the officer within 30 days on the turnover reported by the taxpayer, the same shall then be considered final (which will be displayed to the taxpayer accordingly) and will be considered as such for the entire previous financial year.
  • In case of any grievances pertaining to the said functionality, the aggrieved taxpayer can raise a ticket at https://selfservice.gstsystem.in .
  • All such tickets shall be investigated by the technical team and shall be resolved on a case by case basis and when needed they shall be forwarded to the jurisdictional officer.

Note: Taxpayers are expected to use this functionality only if there is a discrepancy observed by them in the system calculated turnover as per the calculation logic  mentioned above.

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GST Collections for Aug 2021

GST Collections for August 2021

The gross GST revenue collected in the month of August 2021 is ₹ 1,12,020 crore of which CGST is
₹ 20,522 crore , SGST is ₹ 26,605 crore , IGST is ₹ 56,247 crore (including ₹ 26,884 crore collected on import of goods) and Cess is ₹ 8,646 crore (including ₹ 646 crore collected on import of goods).

The government has settled ₹ 23,043 crore to CGST and ₹ 19,139 crore to SGST from IGST as regular settlement. In addition, Centre has also settled ₹ 24,000 crore as IGST ad-hoc settlement in the ratio of 50:50 between Centre and States/UTs. The total revenue of Centre and the States after regular and ad-hoc settlements in the month of August’ 2021 is ₹ 55,565 crore for CGST and ₹57,744 crore for the SGST.

The revenues for the month of August 2021 are 30% higher than the GST revenues in the same month last year
. During the month, the revenues from domestic transaction (including import of services) are 27% higher than the revenues from these sources during the same month last year. Even as compared to the August revenues in 2019-20 of ₹ 98,202 crore, this is a growth of 14%. GST collection, after posting above Rs. 1 lakh crore mark for nine months in a row, dropped below Rs. 1 lakh crore in June 2021 due to the second wave of covid.

With the easing out of COVID restrictions, GST collection for July and August 2021 have again crossed ₹1 lakh crore, which clearly indicates that the economy is recovering at a fast pace.
Coupled with economic growth, anti-evasion activities, especially action against fake billers have also been contributing to the enhanced GST collections. The robust GST revenues are likely to continue in the coming months too.

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GST Revenue collection for July 2021

GST R₹ 1,16,393 crore gross GST revenue collected in July

The gross GST revenue collected in the month of July 2021 is ₹ 1,16,393 crore of which CGST is ₹ 22,197 croreSGST is ₹ 28,541 croreIGST is ₹ 57,864 crore (including â‚¹ 27,900 crore collected on import of goods) and Cess is â‚¹ 7,790 crore (including â‚¹ 815 crore collected on import of goods).The above figure includes GST collection received from GSTR-3B returns filed between 1st July 2021 to 31st July2021 as well as IGST and cess collected from imports for the same period.

The GST collection for the returns filed between 1st July to 5th July2021 of ₹ 4,937 crore had also been included in the GST collectionin the press note for the month of June2021since taxpayers were given various relief measures in the form of waiver/reduction in interest on delayed return filing for 15 days for the return filing month June21 for the taxpayers with the aggregate turnover uptoRs. 5 crore in the wake of covid pandemic second wave.

The government has settled ₹ 28,087 crore to CGST and ₹ 24100 crore to SGST from IGST as regular settlement. The total revenue of Centre and the States after regular settlement in the month of July’ 2021 is ₹ 50284 crore for CGST and ₹ 52641 crore for the SGST.

The revenues for the month of July 2021 are 33% higher than the GST revenues in the same month last year. During the month, revenues from import of goods was 36% higher and the revenues from domestic transaction (including import of services) are 32% higher than the revenues from these sources during the same month last year.

GST collection, after posting above Rs. 1 lakh crore mark for eight months in a row, dropped below Rs. 1 lakh crore in June 2021 as the collections during the month of June 2021 predominantly related to the month of May 2021 and during May2021, most of the States/UTs were under either complete or partial lock down due to COVID. With the easing out of COVID restrictions, GST collection for July2021 has again crossed₹1 lakh crore, which clearly indicates that the economy is recovering at a fastpace.The robust GST revenues are likely to continue in the coming months too.

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Synopsis of Notifications Issued on 30th July 2021

Synopsis of Notifications Issued on 30th July 2021

Notification No. 29/2021 – Central Tax

As part of ease of doing business, in the Finance Bill 2021, the GST Audit has been scrapped and Annul Returns are being simplified with self-certification of the taxpayer only.

The same has been made effective from 1st August 2021.

Notification No. 30/2021 – Central Tax

As per the Finance Bill 2021, changes have been announced for the formats of GSTR – 9 and 9C.

With this notification GSTR -9C is now self-certified but the format will remain the same except for few changes.

Annul Return i.e., GSTR – 9 has to be filed on or before 31st December, which means the due date for filing of Annual Return for the FY 2020- 2021 is 31st Dec 2021.

Sr. No Form Type Tax Payer Category Due Date
1 Form GSTR – 9 Regular Tax payers 31st Dec 2021
2 Form GSTR – 9A Composition Tax payers  
3 Form GSTR – 9B e-commerce operators 31st Dec 2021
4 Form GSTR – 9C (Reconciliation Statement) (Applicable
to taxpayers whose turnover is above ₹ 5 crores
Regular Tax payers 31st Dec 2021

Following are the changes made to Form GSTR – 9

The return is not made applicable to FY 2020-21.

Following are the changes made to Form GSTR – 9C

Certification will be self-certified by the taxpayer and does not require certification of a practicing Cost or a Charted Accountant.

Others Column has been added to the following tables

Table 9 – Reconciliation of rate wise liability and amount payable thereon

Table 11 – Additional amount payable but not paid (due to re

Part V – Additional Liability due to non-reconciliation

Certification Section – Part B has been dropped

Notification No. 31/2021 – Central Tax

 Taxpayers having aggregate turnover below ₹ 2 crores are not exempted from filing of Annual Return i.e., Form GSTR – 9.

The effective date of the Notification is 1st August 2021.

Disclaimer

Any views or opinions represented above are personal and belong solely to the author and do not represent those of people, institutions, or organizations that the author may or may not be associated with in professional or personal capacity unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

http://www.onlinegst.in/

Filing of Annual returns by composition taxpayers. – Negative Liability in GSTR-4

Filing of Annual returns by composition taxpayers. – Negative Liability in GSTR-4

Filing of Annual returns by composition taxpayers. – Negative Liability in GSTR-4 Instances have come to notice where taxpayers are reporting negative liability appearing in their GSTR-4
Background: Since FY 2019-20, composition taxpayers has to pay the liability through Form GST CMP-08 on quarterly basis while GSTR-4 Return is required to be filed on annual basis after end of a financial year.

Reason of Negative Liability in GSTR4: The liability of the complete year is required to be declared in GSTR-4 under applicable tax rates. Taxpayers should fill up table 6 of GSTR-4 mandatorily. In case, there is no liability, the said table may be filled up with ‘0’ value. If no liability is declared in table 6, it is presumed that no liability is required to be paid, even though, taxpayer may have paid the liability through Form GST CMP-08. In such cases, liability paid through GST CMP-08 becomes excess tax paid and moves to Negative Liability Statement for utilization of same for subsequent tax period’s liability.

What the taxpayer did wrongly: Liability paid through Form GST CMP-08 is auto-populated in table 5 of the GSTR-4 for convenience of the taxpayers. Taxpayers who do not fill up table 6 of GSTR-4 i.e. no liability is declared, even though, taxpayer may have paid the liability through Form GST CMP-08; since the ‘Tax payable’ in GSTR-4 is computed after reducing the liability declared in GST CMP-08 and then auto-populated in table 5. Thus, if nothing is declared in table 6, then the negative liability entry appears in GSTR-4.

How to proceed in case of negative liability: If table 6 of GSTR-4 has not been filled due to oversight, a ticket may be raised to nullify the amount available in negative liability statement. If there is no liability to be paid during the year, the liability paid through Form GST CMP-08 shall move to negative liability statement and the same excess amount can be utilised to pay the liability of future tax periods.

Analysis

It is a welcome move that the GSTN has provided the inputs on a pro active manner. The composition scheme is opted by small taxpayers and for them cash flows are really a challenge especially in time of pandemic. It would have been really great if the law has a provision if excess cash is paid by composition taxpayers and laying in the Liability Register un utilized, the same can be claimed as refund. Similar provision is seen in Malaysian GST where the taxpayer can take refund of the ITC laying in their. though we cannot compare the provisions of other countries, we can take a cue from there and bring necessary amendments in near future. This will really help in improve in the ease of doing business.

http://www.onlinegst.in/

Rs 75,000 crore released to States and UTs with Legislature as GST Compensation shortfall

₹ 75,000 crores released to States and UTs with Legislature as GST Compensation shortfall. Almost 50 % of the total shortfall for the entire year released in a single installment

Ministry of Finance has released today ₹75,000 crores to the States and UTs with Legislature under the back-to-back loan facility in lieu of GST Compensation.  This release is in addition to normal GST compensation being released every 2 months out of actual cess collection.

Subsequent to the 43rd GST Council Meeting held on 28.05.2021, it was decided that the Central Government would borrow ₹1.59 lakh crore and release it to States and UTs with Legislature on a back-to-back basis to meet the resource gap due to the short release of Compensation on account of inadequate amount in the Compensation Fund. This amount is as per the principles adopted for a similar facility in FY 2020-21, where an amount of ₹1.10 lakh crore was released to States under a similar arrangement. This amount of ₹1.59 lakh crore would be over and above the compensation in excess of ₹1 lakh crore(based on cess collection) that is estimated to be released to States/UTs with Legislature during this financial year. The sum total of ₹2.59 lakh crore is expected to exceed the amount of GST compensation accruing in FY 2021-22.

All eligible States and UTs (with Legislature) have agreed to the arrangements of funding of the compensation shortfall under the back-to-back loan facility.  For effective response and management of COVID-19 pandemic and a step-up in capital expenditure all States and UTs have a very important role to play. For assisting the States/UTs in their endeavour, Ministry of Finance has frontloaded the release of assistance under the back-to-back loan facility during FY 2021-22 ₹75, 000 crore (almost 50 % of the total shortfall for the entire year) released today in a single instalment. The balance amount will be released in the second half of 2021-22 in steady instalments.

The release of ₹75,000 crore being made now is funded from borrowings of GoI in 5-year securities, totalling ₹68,500 crore and 2-year securities for ₹6,500 crore issued in the current financial year, at a Weighted Average Yield of 5.60 and 4.25 percent per annum respectively. 

It is expected that this release will help the States/UTs in planning their public expenditure among other things, for improving, health infrastructure and taking up infrastructure projects.

http://www.onlinegst.in/

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