RECENT CHANGES IN ‘GST’
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 17-10-2017
22nd GST Council
The 22nd meeting of GST Council was held on 06.10.2017. The Council considered various items and also has taken into consideration of the grievances of the stakeholders in facing the problems in filing returns, grievances in rate and recommended many a item in the said meeting. The notifications have been issued by the Central Government/Board accepting many of the recommendations of the GST Council. In this articles the changes that have been taken place in GST provisions with reference to the newly issued notifications are discussed.
Exemption to inter-State Supplies
Section 23 of the Central Goods and Services Tax Act, 2017 ('CGST Act' for short) provides the list of persons who are not liable for registration under CGST Act. Section 23(2) provides that the Government may, on the recommendations of the Council, by notification, specify the c
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ancial year did not exceed ₹ 50 lakhs. The said section gives powers to Government to increase the above limit up to ₹ 1 crore. Vide Notification No.08/2017-Central tax, dated 28.06.2017 with effect from 01.07.2017 the Government increase the threshold limit for composition scheme to ₹ 75 lakhs from ₹ 50 lakhs and increase for special category States to ₹ 50 lakhs.
The threshold limit for opting for composition scheme has been increased from ₹ 75 lakhs to Re.1 crore and for special category States, the threshold limit has been increased to ₹ 75 lakhs, by the Government vide Notification No.46/2017-Central tax, dated 13.10.2017 and for union territory this limit has been increased to Re. 1 crore from ₹ 75 lakhs vide Notification No. 16/2017-Union Territory tax, dated 13.10.2017.
Amendment in Rule regarding composition levy
Vide Notification No. 34/2017- Central Tax, dated 15.09.2017 Rule 3(3A) has been inserted in regard to composition
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overnment made orders for the removal of difficulties.
It is clarified that if a person supplies goods and/or services referred to in para 6(b) of Schedule II of the CGST Act, 2017 and also supplies any exempt services including services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount, the said person shall not be ineligible for the composition scheme under section 10 subject to fulfillment of all other conditions specified therein.
It is further clarified that in computing his aggregate turnover to determine his eligibility for composition scheme, value of supply of any exempt services including services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount, shall not be taken into account.
Invoice
Vide Notification No. 45/2017- Central Tax, dated 13.10.2017 Rule 46A has been inserted. The new Rule 46A provides that notwithstanding any
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2(1) which requires a registered person opting composition scheme, shall file a quarterly return in Form GSTR – 4 in the portal.
The newly inserted proviso provides that the registered person who opts to pay tax under section 10 with effect from the first of a month which is not the first month of a quarter shall furnish the return in Form GSTR – 4 for that period of the quarter for which he has paid tax under section 10 and shall furnish the returns as applicable to him for the period of the quarter prior to opting to pay tax under section 10.
GSTR-1
Table 6 of GSTR – 1 deals with the particulars to be given for 'zero rated supplies and deemed exports'. Originally the table contains 10 columns. The Notification No.45/2017-Central Tax, dated 13.10.2017 intends to omit the 10th column which provides for furnishing the amount 'cess'.
GSTR – 1A
Table 4 of GSTR – 1A deals with the particulars to be given for 'zero rated supplies and deemed exports'. Originally this table contains 7 c
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TR – 5A
Vide Notification No. 42/2017-Central Tax, dated 13.10.2017 the Commissioner extended the time limit for furnishing the return in Form GSTR – 5A for the month of July 2017, August 2017 and September 2017 by a person supplying online information and database access or retrieval services from a place outside India to a non taxable online recipient referred to in Section 14 of the Integrated Goods and Services Tax Act, 2017 and Rule 64 of the Central Goods and Services Tax Rules, 2017 till 20.11.2017. This notification shall be deemed to have come into force on 15.09.2017.
GSTR – 6
Vide Notification No. 43/2017-Central Tax, dated 13.10.2017 the Commissioner extended the time limit for furnishing the return by an Input Service Distributor in Form GSTR – 6 under section 39(4) of the CGST Act, read with Rule 65 for the months of July 2017, August 2017 and September 5ill 15.11.2017.
GST ITC – 01
Vide Notification No. 44/2017-Central Tax, dated 13.10.2017 the Commissioner extended
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r and the period prescribed for the payment of tax by such class of registered persons shall be such as specified in the said Act.
Proper Officers for Refund
Vide Notification No.39/2017-Central Tax, dated 13.10.2017 and vide Notification No. 11/2017-Integrated tax, dated 13.10.2017 the Central Government specified that the officers appointed under the respective State Goods and Services Tax Act, 2017 or the Union Territory Goods and Services Tax Act, 2017 who are authorized to be the proper officers for the purposes of section 55 or section 55 (which deal with refund) by the Commissioner of the said Acts, shall act proper officers for the purpose of sanction of refund under section 55 or section 55 of the CGST Act read with the rules made there under except Rule 96 in respect of a registered person located in the territorial jurisdiction of the said officers who applies for the sanction to the refund to the said officers.
Exemption
Vide Notification No. 32/2017-Central Tax, dated
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