Seeks to bring Section 103 of the Finance (No. 2) Act, 2019 in to force.

125 Views

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]


Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Indirect Taxes and Customs
Notification No. 39/2019 – Central Tax

New Delhi, the 31st August, 2019


G.S.R. ….(E).— In exercise of the powers conferred by sub-section (2) of section 1 of the Finance (No. 2) Act, 2019 (23 of 2019), the Central Government hereby appoints the 1st day of September, 2019, as the date on which the provisions of section 103 the said Act, shall come into force.


[F. No. 20/06/12/2018-GST]
(Ruchi Bisht)
Under Secretary to the Government of India


Advertisements

Requesting to extend due date of GSTR 9 and GSTR 9C by The Institute of Cost Accountants of India

367 Views

Ref No: ICAI/IDTC/GST_RET/2019

Date: 21/08/2019


Shri Pranab Kumar Das,IRS
Chairman
Central Board of Indirect Taxes & Customs
New Delhi

Subject: Requesting to extend due date of GSTR 9 and GSTR 9C
Respected Sir,

The Institute would like to draw the kind attention that the due date to file GSTR – 9 and GSTR – 9C for the period 1st July 2017 to 31st March 2018, has been extended from 30th June 2019 to 31st August 2019 vide Order No.6/2019-Central Tax dated 28 June 2019.


However, very few taxpayers have filed GST annual return till date. Only 15% registered taxpayers have filed their annual returns (as per data available up to 3rd August 2019 – Published in Economic Times on 9th August 2019).


• Only 14,85,863 GST 9 have been filed till 3rd August 2019
• 11334 GSTR -9C has been filed only till 3rd August 2019
• More than 1 crore GSTR -9 is still pending
• About 12 lakhs GSTR -9C has not been submitted yet.


This is the first year of filling GST Annual Return and submitting GST Audit Report. Therefore registered taxpayers are new to the entire system and facing complications at the time of filling GSTR – 9 and GSTR -9C like:


• It is very time consuming to File GSTR – 9 and GSTR -9C using offline utility (JSON file).
• There is problem of hanging of GST website again and again.
• Taxpayers are facing the problem regarding mismatch between ITC availed in GSTR 3B and ITC as per GSTR 2A .


 At the time of filling GSTR -3B, the taxpayers are required to provide information regarding purchase to avail ITC with break-up of Import of Goods, Import of Services etc. Further, in GSTR – 9 all ITC details are to be
provided with break-up of Input Services and Capital Goods which are not required to file Monthly GSTR – 3B. As a result of these, making the required data available as per the format is taking lot of time for the assessee.


 However, at the time of filling GSTR -9, the break up wise information regarding ITC is not being autopopulated. So the taxpayers are required to provide information regarding Inward supplies (other than
imports and inward supplies liable to reverse charge but includes services received from SEZs), Import of goods (including supplies from SEZ) etc.
The Taxpayers are required to give all details with broad information to file annual return which is very tedious in nature. Since this is the first full year of return filling and audit, with many changes through many circulars and notifications, th taxpayers are finding it difficult to cope up with the time line given for filling of return. Even, the GST website is not working
properly always which are also making delay in Annual Return filing.

Hence, it is our humble request to extend due date of filing GSTR- 9 up to 30th September 2019 and GSTR- 9C up to 31st
October 2019 so to ease the hardship faced by the taxpayers. This will ensure providing all information to the Govt. in detailed
and transparent manner thereby easing the process of return filing and audit. Meantime, we are planning to have nationwide programme on the Annual return filing for the stakeholders to facilitate them.

Thank You
Regards


Insertion of new section 31A. Facility of digital payment to recipient in CGST act

238 Views

After section 31 of the Central Goods and Services Tax Act, the following section shall be inserted, namely:––
“31A. The Government may, on the recommendations of the Council, prescribe a class of registered persons who shall provide prescribed modes of electronic payment to the recipient of supply of goods
or services or both made by him and give option to such recipient to make payment accordingly, in such manner and subject to such conditions and restrictions, as may be prescribed.”.


Transfer of GST ITC to newly Registered entities

130 Views

“Rule 41A. Transfer of credit on obtaining separate registration for multiple places of business within a State or Union territory.-

(1) A registered person who has obtained separate registration for multiple places of business in accordance with the provisions of rule 11 and who intends to transfer, either wholly or partly, the unutilised input tax credit lying in his electronic credit ledger to any or all of the newly registered place of business, shall furnish within a period of thirty days from
obtaining such separate registrations, the details in FORM GST ITC-02A
electronically on the common portal, either directly or through a Facilitation Centre notified in this behalf by the Commissioner:
Provided that the input tax credit shall be transferred to the newly registered entities in the ratio of the value of assets held by them at the time of registration. Explanation.- For the purposes of this sub-rule, it is hereby clarified that the ‘value of assets’ means the value of the entire assets of the business whether or not input tax
credit has been availed thereon.
(2) The newly registered person (transferee) shall, on the common portal, accept the details so furnished by the registered person (transferor) and, upon such acceptance,
the unutilised input tax credit specified in FORM GST ITC-02A shall be credited to his electronic credit ledger.”

Rules 11

“11 Separate registration for multiple places of business within a State or a Union territory.-

(1) Any person having multiple places of business within a State or
a Union territory, requiring a separate registration for any such place of business under sub-section (2) of section 25 shall be granted separate registration in respect of each such place of business subject to the following conditions, namely:-
(a) such person has more than one place of business as defined in clause (85)of section 2;
(b) such person shall not pay tax under section 10 for any of his places of
business if he is paying tax under section 9 for any other place of business;
(c) all separately registered places of business of such person shall pay tax
under the Act on supply of goods or services or both made to another
registered place of business of such person and issue a tax invoice or a bill ofsupply, as the case may be, for such supply.


Explanation. – For the purposes of clause (b), it is hereby clarified that where anyplace of business of a registered person that has been granted a separate registration becomes ineligible to pay tax under section 10, all other registered places of business of the said person shall become ineligible to pay tax under the said section.

(2) A registered person opting to obtain separate registration for a place of business shall submit a separate application in FORM GST REG-01 in respect of such place of business.
(3) The provisions of rule 9 and rule 10 relating to the verification and the grant of registration shall, mutatis mutandis, apply to an application submitted under this rule

old post

1st CGST Rules Amendment 2019

288 Views

Government of India
Ministry of Finance
(Department of Revenue)
[Central Board of Indirect Taxes and Customs]
Notification No. 03/2019 – Central Tax
New Delhi, the 29th January, 2019


G.S.R……(E). – In exercise of the powers conferred by section 164 of the Central Goods and
Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following
rules further to amend the Central Goods and Services Tax Rules, 2017, namely:-

  1. (1) These rules may be called the Central Goods and Services Tax (Amendment) Rules, 2019.
    (2) Save as otherwise provided in these rules, they shall come into force on the first day of February, 2019.
  2. In the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), in Chapter-II, in the heading, for the words “Composition Rules”, the words, “Composition Levy” shall be substituted.
  3. In the said rules, in rule 7, in the Table, against serial number (3), in column (3), for the word “goods”, the words, “goods and services” shall be substituted.
  4. In the said rules, in rule 8, in sub rule (1),–
    (a) the first proviso shall be omitted;
    (b) in the second proviso, for the words “Provided further”, the word “Provided” shall be substituted.
  5. In the said rules, for rule 11, the following rule shall be substituted, namely:-
    “11 Separate registration for multiple places of business within a State or a Union territory.-(1) Any person having multiple places of business within a State or a Union territory, requiring a separate registration for any such place of business
    under sub-section (2) of section 25 shall be granted separate registration in respect of each such place of business subject to the following conditions, namely:-
    (a) such person has more than one place of business as defined in clause (85) of section 2;
    (b) such person shall not pay tax under section 10 for any of his places of business if he is paying tax under section 9 for any other place of business;
    (c) all separately registered places of business of such person shall pay tax under the Act on supply of goods or services or both made to another registered place of business of such person and issue a tax invoice or a bill of supply, as the case may be, for such supply.
    Explanation. – For the purposes of clause (b), it is hereby clarified that where any place of business of a registered person that has been granted a separate registration of the said person shall become ineligible to pay tax under the said section.

(2) A registered person opting to obtain separate registration for a place of business shall submit a separate application in FORM GST REG-01 in respect of such placeof business.

(3) The provisions of rule 9 and rule 10 relating to the verification and the grant of registration shall, mutatis mutandis, apply to an application submitted under this rule”.

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