Comparative Analysis of old
GSTR-9 (as notified through Notification No.39/2018 dated 04th
September 2018) and New GSTR-9 (as notified through Notification no.74/2018
dated 31st December 2018)
|
Para No.
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Old GSTR-9
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New GSTR-9
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Part-II
Table-4
|
Details
of Outward and inward supplies declared during
the financial year
Details
of advances, inward and outward supplies on which tax is payable as declared in returns filed during the financial year
|
Details
of Outward and inward supplies made during the financial year
Details
of advances, inward and outward supplies made during the financial year on which tax is
payable
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Comments
|
Looking
to the heading of the form, it seems that reporting requirement gets changed
to actual basis that is based on
books of account instead of extracting details from earlier returns filed. In Old GSTR-9, reporting requirement in
Part-II captures transactions of July-17 to March-18 reported in
July-17 to March-18 returns and Part-V of GSTR-9 captures transactions of
July-17 to March-18 reported in April-18 to Sep-18 return. But now in new
GSTR-9, transactions which are not reported in returns can also be furnished
in
GSTR-9.
The same fundamental is also proven from the fact that any additional
liability can also be added and payment thereof can be made from DRC-03.
But
vide instruction beneath the form which says that “It may be noted that all
the supplies for which payment has been made through FORM GSTR-3B between July 2017 to March 2018 shall be declared in
this part-II”
So
again it means only those information which are reported in GSTR-3B, shall be
reported in Part-II (Table-4 and Table-5). There is disconnect between
heading of the form and instruction append to it.
Example-1
: Taxpayer has made 100 transactions of sales during the month of August-17,
out of which only 95 gets reported in GSTR-3B and GSTR-1 for the month of
August-17. Rest 5 are not reported till today in any return. Please note that
Now reporting requirement of such transactions in GSTR-9 as explained below:
In Old GSTR-9
Since
old GSTR-9 use language “as declared in return” so one will have to report
only 95 transactions. Further since such transactions are not even reported
in April-18 to September-18 returns, the same can not be reported in Part-V
also.
In New GSTR-9
As
per heading, supplies made during July-17 to March-18 is 100 so all 100 can
be reported in Part-II but if we go by Instruction to fill this Part-II, it
says that only supplies declared in GSTR-3B can be reported. Hence again in
New GSTR-9 also 95 transactions are only required to be reported same as was
there in Old GSTR-9.
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|
Table-5F
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Non-GST
supply
|
Non-GST
supply (includes
- No supply)
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Comments
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Earlier
there was common instruction provided for Table 5D, 5E and 5F. As per
instruction is was mentioned that “No supply” shall be declared here but it
was not clarified in which table. Now it is clarified that “No Supply”
transactions as mentioned in Schedule-III would be reported in Table-5F
(Non-GST Supply)
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Part-III
Table-6
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Details
of ITC as declared in returns filed during the financial year
Details
of ITC availed as declared in returns filed during the financial year
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Details
of ITC for the financial year
Details
of ITC availed during the financial year
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Comments
|
Same
as outward supply, it seems that reporting requirement gets changed to actual basis that is based on books
of account instead of extracting details from
earlier returns filed. But as per instruction, it says that “taxpayers cannot
claim input tax credit unclaimed during FY 2017-18 through this return.” So
ITC must be claimed through GSTR-3B only. Again there is disconnect between
heading of form and instruction thereon.
Hence,
it may be a situation that taxpayer identify certain Input tax credit of
2017-18 which is not yet claimed in GSTR-3B till today then he can not claim
the same through GSTR-9. He has to furnish such ITC details in GSTR-3B till
March-19 and accordingly claim the same in GSTR-9 of 2018-19 but not in
GSTR-9 of 2017-18 even though such ITC is for the financial year 2017-18.
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Table-7
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Details
of ITC Reversed and Ineligible ITC as declared in returns filed during the financial
year
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Details
of ITC Reversed and Ineligible ITC for the financial year
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Comments
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Since
there is no conflicting instruction vis-à-vis heading of Table-7, ITC
reversed in books of account and ineligible ITC claimed but not reported in
GSTR-3B can be reported in GSTR-9 and resultant additional liability can be
paid through DRC-03.
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Changes in Instructions
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||
Instruction
7A,
7B,
7C,
7D,
7E,
7F,
7G
and
7H
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Details
of input tax credit reversed due to ineligibility or reversals required under
rule 37, 39,42 and 43 of the CGST Rules, 2017 shall be declared here.
This
column should also contain details of any input tax credit reversed under
section 17(5) of the CGST Act, 2017 and details of ineligible transition
credit claimed under FORM GST TRAN-I or FORM GST TRAN-II and then
subsequently reversed.
Table
4(B) of FORM GSTR-3B may be used for filling up these details. Any ITC
reversed through FORM ITC -03 shall be declared in 7H.
|
Details
of input tax credit reversed due to ineligibility or reversals required under
rule 37, 39, 42 and 43 of the CGST Rules, 2017 shall be declared here.
This
column should also contain details of any input tax credit reversed under
section
17(5) of the CGST Act, 2017 and details of ineligible transition credit
claimed
under FORM GST TRAN-I or FORM GST TRAN-II and then subsequently reversed.
Table
4(B) of FORM GSTR-3B may be used for filling up these details. Any ITC
reversed through FORM ITC -03 shall be declared in 7H.
If the amount stated in Table 4D of FORM GSTR-3B was not Included
in table 4A of FORM GSTR-3B, then no entry should be made in table 7E of FORM
GSTR-9.
However, if amount mentioned in table 4D of FORM GSTR-3B was
included in table 4A of FORM GSTR-3B, then entry will come in 7E of FORM
GSTR-9.
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Comments
|
Ineligible
credit as per section 17(5) is not getting reduced from Net ITC available in
GSTR-3B but in GSTR-9 the same is getting reduced from total ITC.
Hence,
it is clarified that Ineligible ITC as per section 17(5) is to be reported in
Table-7E of GSTR-9 only if the same is included in Table-4A of GSTR-3B. In
nutshell, If no ineligible ITC availed earlier then no need to reverse it.
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Instruction
8D
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No
Instruction given
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Aggregate value of the input tax credit which was available in
FORM GSTR2A (table 3 & 5 only) but not availed in FORM GSTR-3B returns
shall be computed based on values of 8A, 8B and 8C.
However, there may be circumstances where the credit availed in
FORM
GSTR-3B was greater than the credit available in FORM GSTR-2A. In
such
cases, the value in row 8D shall be negative.
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Comments
|
It
may possible that ITC as per GSTR-3B is more than ITC as per GSTR-2A.
Now,
it is clarified that in such case, there will be negative value reporting in
Table-8D.
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Instruction
8E
and 8F
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Aggregate
value of the input tax credit which was available in FORM GSTR-2A (table 3
& 5 only) but not availed in any of the FORM GSTR-3B returns shall be
declared here.
The
credit shall be classified as credit which was available and not availed or
the credit was not availed as the same was ineligible. The sum total of both
the rows should be equal to difference in 8D.
|
The
credit which was available and not availed in FORM GSTR-3B and the
credit
was not availed in FORM GSTR-3B as the same was ineligible shall be
declared
here.
Ideally,
if 8D is positive, the sum of 8E and 8F shall be equal to 8D.
|
Comments
|
If
there is difference between ITC as per GSTR-2A vs ITC as per GSTR-3B then the
same will be reported in Table-8D either positive or negative.
If
Table-8D is positive then Instruction clarifies that sum total of ITC
available but not availed (8E) and ITC available but ineligible (8F) shall be
equal to Table-8D.
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Instruction
Table-13
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Details
of ITC for goods or services received in the previous financial year but ITC
for the same was availed in returns filed for the months of April to
September of the current financial year or date of filing of Annual Return
for the previous financial year whichever is earlier shall be declared here.
Table 4(A) of FORM GSTR-3B may be used for filling up these details.
|
Details
of ITC for goods or services received in the previous financial year but ITC
for the same was availed in returns filed for the months of April to
September of the current financial year or date of filing of Annual Return
for the previous financial year whichever is earlier shall be declared here.
Table 4(A) of FORM GSTR-3B may be used for filling up these details.
However, any ITC which was reversed in the FY 2017-18 as per
second proviso to subsection (2) of section 16 but was reclaimed in FY
2018-19, the details of such ITC reclaimed shall be furnished in the annual
return for FY 2018-19.
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Comments
|
On
non-payment of consideration within 180 days, ITC shall be reversed as per
second proviso to section 16(2). The
same would be reclaimed on payment as per third proviso to section 16(2). Instruction clarifies that if such ITC
reclaimed in FY 2018-19, then the same will be reported in GSTR-9 of 2018-19
and not in GSTR-9 of 2017-18.
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Instruction
Table
17 & 18
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Summary
of supplies effected and received against a particular HSN code to be
reported only in this table. It will be optional for taxpayers having annual
turnover upto ₹ 1.50 Cr. It will be
mandatory to report HSN code at two digits level for taxpayers having annual
turnover in the preceding year above ₹ 1.50 Cr but upto ₹
5.00 Cr and at four digits’
level for taxpayers having annual turnover above ₹
5.00 Cr. UQC details to be furnished only for supply of goods. Quantity is to
be reported net of returns. Table 12 of FORM GSTR-1 may be used for filling
up details in Table 17.
|
Summary
of supplies effected and received against a particular HSN code to be
reported only in this table. It will be optional for taxpayers having annual turnover
upto ₹ 1.50 Cr. It will be
mandatory to report HSN code at two digits level for taxpayers having annual
turnover in the preceding year above ₹ 1.50 Cr but upto ₹
5.00 Cr and at four digits‘
level for taxpayers having annual
turnover
above ₹ 5.00 Cr. UQC details to be
furnished only for supply of
goods.
Quantity is to be reported net of returns. Table 12 of FORM GSTR1 may be used
for filling up details in Table 17.
It may be noted that this summary details are required to be
declared only for those inward supplies which in value independently account
for 10 % or more of the total value of inward supplies.
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Comments
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Reporting
of HSN wise summary of inward supply is very cumbersome process. To grant
relief to this requirement, it is clarified that only those inward supply HSN
summary is required to be reported which in value independently account for
10 % or more of the total value of inward supplies.
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At
the end of return
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No
such provision
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Towards
the end of the return, taxpayers shall be given an option to pay any additional
liability declared in this form, through FORM DRC-03.
Taxpayers
shall select ―Annual Return
in the drop down
provided in FORM DRC-03. It may be noted that such liability can be paid
through Electronic cash ledger only.
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Comments
|
Since
in GSTR-9, now additional liability can also be reported, it is clarified
that such additional liability can be paid through DRC-03.
To
make payment through DRC-03, no ITC can be used. Payment needs to be made
through cash only. This provision is against section 49(4) where additional
tax liability can be paid through ITC also.
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Notifications
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|||
Notifications of Central Tax
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|||
Sr No.
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Notification
No.
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Summary of Notification
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Link of Notification
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1
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67/2018
– Central Tax dt. 31st Dec 2018
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Notification
31/2018 – Central tax dated 06th August 2018 has been issued to
open window to obtain GST Registration for those taxpayer who has received
provision ID but could not complete migration process till 31/12/17. Due date
of furnishing details to nodal officer has been extended to 31st Jan 2019 from 31st
Aug 2018 and due date of finishing details to GSTN has been extended to 28th Feb 2019 from 30th
Sep 2018.
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2
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68/2018,
69/2018 &
70/2018
Central Tax dt. 31st Dec 2018
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Prescribe
that due date of filing GSTR-3B for the period July-17 to February-19 for
various category of newly migrated taxpayer is 31st March 2019.
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3
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71/2018
&
72/2018
Central Tax dt 31st Dec 2018
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Same
as above, due date of filing GSTR-1 for the period July-17 to December-18 for
various category of newly migrated taxpayer is 31st March 2019 for quarterly taxpayer (Turnover up to
Rs.1.5 cr)
and
for others (Turnover above Rs.1.5 cr), due date for filing GSTR-1 for the
period July-17 to February-19 will be 31st
March 2019.
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4
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73/2018
Central tax dt. 31st Dec 2018
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TDS provision will not apply in case of
supply between department or establishment of the Central Government or State
Government, local authority, Governmental agencies or other prescribed
persons.
|
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5
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74/2018
Central tax dt. 31st Dec 2018
|
Amend CGST Rules, 2017
Details
of changes are given as per Annexure-A.
|
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6
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75/2018
Central tax dt. 31st Dec 2018
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Late fee has been waived in case of taxpayer who has
not furnished GSTR-1 for the period July-17 to Sep-18 and now furnish the
same between 22nd December 2018 to 31st March 2019.
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7
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76/2018
Central tax dt. 31st Dec 2018
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Late
fee has been waived in case of
taxpayer who has not furnished GSTR-3B for the period July-17 to Sep-18 and
furnish the same between 22nd December 2018 to 31st
March 2019.
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8
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77/2018
Central tax dt. 31st Dec 2018
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Late
fee has been waived in case of
taxpayer who has not furnished GSTR-4 for the period July-17 to Sep-18 and
furnish the same between 22nd December 2018 to 31st
March 2019.
|
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9
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78/2018
Central tax dt. 31st Dec 2018
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Due date of filing ITC-04 for the period July-17 to
December-18 has been extended to 31st
March 2019
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10
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79/2018
Central tax dt. 31st Dec 2018
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Specify
power vested with central tax officer and officers subordinate to them
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Notifications of Central Tax
(Rate)
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|||
11
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24/2018-Central
Tax (Rate) dated 31st Dec 2018
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Reduction in GST rate of certain goods.
|
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12
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25/2018-Central
Tax (Rate) dated 31st Dec 2018
|
Certain
goods becomes exempt from GST
|
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13
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26/2018-Central
Tax (Rate) dated 31st Dec 2018
|
Exempts supply of gold when supplied by Nominated
Agency under the scheme for "Export Against Supply by Nominated
Agency" to a registered person
|
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14
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27/2018-Central
Tax (Rate) dated 31st Dec 2018
|
Amend GST Rate of various services
|
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15
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28/2018-Central
Tax (Rate) dated 31st Dec 2018
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Exemptions granted to certain services
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16
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29/2018-Central
Tax (Rate) dated 31st Dec 2018
|
Amend list of services covered under RCM.
Security
services are new entry to it. Details of changes are given as per Annexure-B.
|
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17
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30/2018-Central
Tax (Rate) dated 31st Dec 2018
|
Explain
scope of transportation service as
mentioned in rate notification 11/2017 – central tax (rate) dated 28th
June 2017
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Notifications of Integrated
Tax
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|||
18
|
Notification
No.04 /2018 – Integrated Tax dated
31st
Dec 2018
|
Amend IGST Rules, 2017 to
determine place of supply
in case of inter-state supply of services in case of Immovable property,
organization of event, Telecommunication service in section 12 of IGST Act ad
service in case of goods made physically available, service requiring
individual presence, Immovable property, admission or organization of certain
event in section 13 of IGST Act.
|
|
Circulars
|
|||
19
|
Circular
No. 76/50/2018-GST dated
31st
Dec 2018
|
Clarification
on certain issues:
·
Sale
by government departments to unregistered person;
·
leviability
of penalty under section 73(11) of the CGST Act;
·
rate
of tax in case of debit notes / credit notes issued under section 142(2) of
the CGST Act;
·
Applicability
of notification No. 50/2018-Central Tax;
·
Valuation
methodology in case of TCS under Income Tax Act and definition of owner of
goods
|
|
20
|
Circular
No. 77/51/2018-GST dated
31st
Dec 2018
|
Effective
date of denial of composition option by tax authority
|
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21
|
Circular
No. 78/52/2018-GST dated
31st
Dec 2018
|
Clarification
on export of service where part service is performed by any other service
provider from outside India
|
http://www.cbic.gov.in/resources//htdocs-cbec/gst/Circular-No-78.pdf;jsessionid=99F8B3E4C739E26106445060429815B7
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22
|
Circular
No. 79/53/2018-GST dated 31st Dec 2018
|
Clarify
certain issue relating to refund:
·
Online
submission of documents/ statements / undertakings/invoices in case of
RFD-01A
·
Calculation
of refund amount for claims of refund of accumulated Input Tax Credit (ITC)
on account of inverted duty structure
·
Disbursal
of refund amounts after sanction
·
Refund
applications that have been generated on the portal but not physically
received in the jurisdictional tax offices
·
Issues
related to refund of accumulated Input Tax Credit of Compensation Cess
·
Non-consideration
of ITC of GST paid on invoices of earlier tax period availed in subsequent
tax period
·
Clarify
scope of the term “inputs”
·
Refund
of accumulated ITC of input services and capital goods arising on account of inverted
duty structure
|
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23
|
Circular
No. 80/54 /2018-GST dated
31st
Dec 2018
|
Clarification
regarding applicability of GST rates & classification of some goods
|
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24
|
Circular
No. 81/55/2018-GST dated
31st
Dec 2018
|
Clarification
regarding GST tax rate for Sprinkler and Drip Irrigation System including
laterals
|
|
25
|
Circular
No. 82/01/2019- GST dated
01st
Jan 2019
|
Applicability
of GST on various programmes conducted by the Indian Institutes of
Managements (IIMs)
|
|
26
|
Circular
No. 83/02/2019- GST dated
01st
Jan 2019
|
Applicability
of GST on Asian Development Bank (ADB) and International Finance Corporation
(IFC)
|
|
27
|
Circular
No. 84/03/2019-GST dated
01st
Jan 2019
|
Clarification
on issue of classification of service of printing of pictures covered under
998386
|
|
28
|
Circular
No. 85/04/2019- GST dated
01st
Jan 2019
|
Clarify
that GST exemption on supply of food and beverage services by educational
institution to its student.
|
|
29
|
Circular
No. 86/05/2019- GST dated
01st
Jan 2019
|
Clarification
of GST on Services of Business Facilitator (BF) or a Business Correspondent
(BC) to Banking Company
|
|
Orders
|
|||
30
|
Order
No. 02/2018-Central Tax dated
31st
Dec 2018
|
Extend
the due date for availing ITC on
the invoices or debit notes relating to such invoices issued during the FY
2017-18. The same can be claimed up to due date of filing March-19 return u/s 39.
|
|
31
|
Order
No.03/2018-Central Tax dated
31st
Dec 2018
|
Extend the due date for furnishing of annual
returns in FORM GSTR-9, FORM GSTR-9A
and reconciliation statement in FORM
GSTR-9C for the FY 2017-2018 till
30.06.2019.
|
|
32
|
Order
No. 04/2018-Central Tax dated
31st
Dec 2018
|
Extend
the due date for furnishing the statement in FORM GSTR-8 by e-commerce companies for the months of October to
December, 2018 till 31.01.2019
|
http://www.cbic.gov.in/resources//htdocs-cbec/gst/ROD_4%20of%202018_CT_English.pdf
|
List of major amendments in CGST Rules as per Notification
74/2018 – Central tax dated 31st December 2018
|
Changes in Rule no.
|
Remarks
|
12
|
Location
to mention while applying for registration to collect tax
|
45
|
ITC-04
doesn’t include details of goods sent from one job worker to another
|
46
|
In
Tax invoice, signature or digital signature of the supplier or his authorized
representative shall not be required in the case of issuance of an electronic
invoice
|
49
|
Signature
or digital signature of the supplier or his authorized representative shall
not be required in the case of issuance of an electronic bill of supply
|
54
|
Signature
or digital signature of the supplier or his authorized representative shall
not be required in the case of issuance of a consolidated tax invoice or any
other document in lieu thereof. Same is the case with issue of Ticket.
|
138
|
Meaning
of Handicraft goods has been explained in E-way bill provision
|
138E
|
New
Rule added to restrict generation of E-way bill whether as a supplier or a
recipient in case of failure to furnish return for 2 consecutive tax period
for composite supplier and in case of others, failure to furnish return for a
consecutive period of 2 month.
|
Form-GST-RFD-01
|
Changes
made in Form
|
Form-GST-RFD-01A
|
Changes
made in Form
|
GSTR-9
|
Changes
made in GSTR-9 Annual Return. Some of the changes are as below:
·
Reporting
in GSTR-9 is required to be changed on actual
basis instead of extracting details from
earlier returns filed.
·
Clarified
that “No Supply” transactions as mentioned in Schedule-III would be reported
in Table-5F (Non-GST Supply)
·
Clarified
that Ineligible ITC as per section 17(5) is to be reported in Table-7E of
GSTR-9 only if the same is included in Table-4A of GSTR-3B
·
clarifies
that if such ITC reclaimed in FY 2018-19, then the same will be reported in
GSTR-9 of 2018-19 and not in GSTR-9 of 2017-18
·
Clarified
that only those inward supply HSN summary is required to be reported which in
value independently account for 10 % or more of the total value of inward
supplies.
·
Additional
liability can also be reported in GSTR-9, it is clarified that such
additional liability can be paid through DRC-03 and by cash only.
|
GSTR-9A
|
Changes
made in form GSTR-9A Annual return for composite taxpayer. Some of the
changes are as below:
·
Reporting
in GSTR-9A is required to be changed on actual
basis instead of extracting details from
earlier returns filed.
·
Additional
liability can also be reported in GSTR-9A, it is clarified that such
additional liability can be paid through DRC-03 and by cash only.
|
GSTR-9C
|
Changes
made in form GSTR-9C Reconciliation statement.
·
Calculation
mistakes are rectified in details of credit note
·
Verification
by registered person added alongwith verification by auditor
·
Additional
liability declared can be paid through DRC-03 and that too by cash only.
|
FORM
GST RVN-01
|
New
form added GST-RVN-01 for providing Notice to person by revisional authority
|
FORM
GST APL-04
|
Form
GST APL-04 changed for order in above case indicating final amount of demand
confirmed
|
List of new services covered under
RCM
|
Sr No.
|
Category of supply of service
|
Supplier of service
|
Recipient of service
|
12
|
Services
provided by business facilitator (BF) to a banking company
|
Business
facilitator (BF)
|
A
banking company,
located
in the taxable
territory
|
13
|
Services
provided by an agent of business correspondent (BC) to business correspondent
(BC)
|
An
agent of business
correspondent
(BC)
|
A
business correspondent, located in the taxable territory
|
14
|
Security
services (services provided by way of supply of security personnel) provided to
a
registered person:
Provided
that nothing contained in this entry shall
apply
to,
(i)
·
a
Department or Establishment of the
Central Government or State Government or Union territory; or
·
local
authority; or
·
Governmental
agencies; which has taken registration under the Central Goods and Services
Tax Act, 2017 (12 of 2017) only for the purpose of deducting tax under
section 51 of the said Act and not for making a taxable supply of goods or
services; or
(ii)
a registered person paying tax under section 10 of the said Act.
|
Any
person other than a
body corporate
|
A registered person,
located
in the taxable
territory
|
