Friday, January 4, 2019

List of Notifications / Circulars / orders issued on 31st December 2018 and 01st January 2019


List of Notifications / Circulars / orders issued on 31st December 2018 and 01st January 2019.
Notifications

Notifications of Central Tax

Sr No.
Notification
No.
Summary of Notification
Link of Notification
1
67/2018 – Central Tax dt. 31st Dec 2018
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.


2
68/2018, 69/2018 &
70/2018 Central Tax dt. 31st Dec 2018


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.



3
71/2018 &
72/2018 Central Tax dt 31st Dec 2018

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.



4
73/2018 Central tax dt. 31st Dec 2018
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.


5
74/2018 Central tax dt. 31st Dec 2018
Amend CGST Rules, 2017
Details of changes are given as per Annexure-A.

6
75/2018 Central tax dt. 31st Dec 2018
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.

7
76/2018 Central tax dt. 31st Dec 2018
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.


8
77/2018 Central tax dt. 31st Dec 2018
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.



9
78/2018 Central tax dt. 31st Dec 2018
Due date of filing ITC-04 for the period July-17 to December-18 has been extended to 31st March 2019

10
79/2018 Central tax dt. 31st Dec 2018
Specify power vested with central tax officer and officers subordinate to them


Notifications of Central Tax (Rate)

11
24/2018-Central Tax (Rate) dated 31st Dec 2018
Reduction in GST rate of certain goods.

12
25/2018-Central Tax (Rate) dated 31st Dec 2018
Certain goods becomes exempt from GST

13
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

14
27/2018-Central Tax (Rate) dated 31st Dec 2018
Amend GST Rate of various services


15
28/2018-Central Tax (Rate) dated 31st Dec 2018
Exemptions granted to certain services

16
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.

17
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


Notifications of Integrated Tax

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

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
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

23
Circular No. 80/54 /2018-GST dated
31st Dec 2018
Clarification regarding applicability of GST rates & classification of some goods

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



Annexure-A

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


Annexure-B  

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


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