GST – LATEST

Press Release

10^th November, 2017

Recommendations made by the GST Council in the 23^rd meeting at Guwahati on 10^th November, 2017

The GST Council, in its 23^rd meeting held at Guwahati on 10^th November 2017, has recommended the following facilitative measures for taxpayers:

Return Filing

a)     The return filing process is to be further simplified in the following manner:

i.              All taxpayers would file return in FORM GSTR-3B along with payment of tax by 20^th of the succeeding month till March, 2018. 

ii.            For filing of details in FORM GSTR-1 till March 2018, taxpayers would be divided into two categories. Details of these two categories along with the last date of filing GSTR 1 are as follows:

(a)    Taxpayers with annual aggregate turnover upto Rs. 1.5 crore need to file GSTR-1 on quarterly basis as per following frequency:

Period	Dates
Jul- Sep	31st Dec 2017
Oct- Dec	15th Feb 2018
Jan- Mar	30th April 2018

(b)    Taxpayers with annual aggregate turnover more than Rs. 1.5 crore need to file GSTR-1 on monthly basis as per following frequency:

Period	Dates
Jul- Oct	31st Dec 2017
Nov	10th Jan 2018
Dec	10th Feb 2018
Jan	10th Mar 2018
Feb	10th Apr 2018

Mar	10th May 2018

i.              The time period for filing GSTR-2 and GSTR-3 for the months of July, 2017 to March 2018 would be worked out by a Committee of Officers. However, filing of GSTR-1 will continue for the entire period without requiring filing of GSTR-2 & GSTR-3 for the previous month / period.

b)     A large number of taxpayers were unable to file their return in FORM GSTR-3B within due date for the months of July, August and September, 2017. Late fee was waived in all such cases. It has been decided that where such late fee was paid, it will be re-credited to their Electronic Cash Ledger under “Tax” head instead of “Fee” head so as to enable them to use that amount for discharge of their future tax liabilities. The software changes for this would be made and thereafter this decision will be implemented. 

c)     For subsequent months, i.e. October 2017 onwards, the amount of late fee payable by a taxpayer whose tax liability for that month was ‘NIL’will be Rs. 20/- per day (Rs. 10/- per day each under CGST & SGST Acts) instead of Rs. 200/- per day (Rs. 100/- per day each under CGST & SGST Acts). 

Manual Filing

d)     A facility for manual filing of application for advance ruling is being introduced for the time being.

Further benefits for service providers

e)     Exports of services to Nepal and Bhutan have already been exempted from GST. It has now been decided that such exporters will also be eligible for claiming Input Tax Credit in respect of goods or services used for effecting such exempt supply of services to Nepal and Bhutan.

f)      In an earlier meeting of the GST Council, it was decided to exempt those service providers whose annual aggregate turnover is less than Rs. 20 lakhs (Rs. 10 lakhs in special category states except J & K) from obtaining registration even if they are making inter-State taxable supplies of services. As a further measure towards taxpayer facilitation, it has been decided to exempt such suppliers providing services through an e-commerce platform from obtaining compulsory registration provided their aggregate turnover does not exceed twenty lakh rupees. As a result, all service providers, whether supplying intra-State, inter-State or through ecommerce operator, will be exempt from obtaining GST registration, provided their aggregate turnover does not exceed Rs. 20 lakhs (Rs. 10 lakhs in special category States except J & K). 

Extension of dates

a)     Taking cognizance of the late availability or unavailability of some forms on the common portal, it has been decided that the due dates for furnishing the following forms shall be extended as under:

S. No.	FORM and Details	Original due date	Revised due date
1	GST ITC-04 for the quarter July-September, 2017	25.10.2017	31.12.2017
2	GSTR-4 for the quarter JulySeptember, 2017	18.10.2017	24.12.2017
3	GSTR-5 for July, 2017	20.08.2017 or 7 days from the last date of registration whichever is earlier	11.12.2017
4	GSTR-5A for July, 2017	20.08.2017	15.12.2017
5	GSTR-6 for July, 2017	13.08.2017	31.12.2017
6	TRAN-1	30.09.2017	31.12.2017 (Onetime option of revision also to be given till this date)

Revised due dates for subsequent tax periods will be announced in due course.

Benefits for Diplomatic Missions/UN organizations

b)     In order to lessen the compliance burden on Foreign Diplomatic Missions / UN Organizations, a centralized UIN will be issued to every Foreign Diplomatic Mission / UN Organization by the Central Government and all compliance for such agencies will be done by the Central Government in coordination with the Ministry of External Affairs.

2.  Relevant notifications for all of the above decisions will be issued shorty, so as to be effective from 15.11.2017. 

GST – LATEST

GST – LATEST

GST – Q AND A

Q. Is RCM applicable on service availed from unregistered Goods Transport Agency?

A. Yes

Q. What is meaning of TBU in GST site?

A. To Be Updated

Q. Is GST input available on payment made to tour operator for flight booking?

A. Yes

Q. Supplier have submitted invoices, but have not filed GSTR1.  I am not able to take any action on the respective in GSTR2. What to do?

A. You can add those invoices.

Q. In case of a exempted co but migrated due to old service tax regime will its B2C exempted invoices be shown in GSTR1?

A. Yes consolidated details.

Q. Nil rated goods purchased from reg. dealer. He is not upload invoice in GSTR1. What should i do?.

A. Because no need to upload exempted invoice details,  as no ITC.

Q. Can ITC be claimed in business for car battery changed from registered dealer under company's Director name?

A. No

Q. When the credit ledger will be credit if tax paid under RCM in the month in which it paid or next month?

A. Same month

Q. I wrongly claimed ITC in 3b for the Sept,  how to rectify it?

A. As 3B is not editable, Can be rectified in GSTR2 for same month

Q. Balance can be adjusted to payoff SGST liabilities. Only CGST cannot be adjusted against SGST and vice-a-versa?

A. Only credit balance adjustable, cash balance can't be adjusted

Q. Can GST input be taken of restaurant bill while food was taken with business associates?

A. ITC not allowed.

Q. GST in RCM still applicable on GTA after13th Oct.?

A. Yes

Q. How we enter HSN code of those supply who gave us invoice without mentioned HSN Code due to his turnover less than 1. 5 crore?

A. Return can be submitted without showing HSN Code summary but it is compulsory.

Q. Do we have to show all expenses in GSTR2 for which voucher is prepared?

A. All inward supply.

Q. Supply made to SEZ without tax - Tax invoice should be issued? Or bill of supply?

A. Tax invoice

Q. For GSTR3b "Download Filed Return" button is not working. Is it my problem or same for all?

A. For all

Q. A registered person in Tamilnadu incurred hotel expenses on his business trip in Mumbai. Are we eligible for ITC of CGST?

A. No

Q. IGST paid instead of SGST. Can it be adjusted against SGST? There is no IGST liability.

A. No you can't adjust. Have to pay again IGST can be claimed as refund.

Q. What is maximum late fee in GST?

A.10000 for return (CGST 5000 + SGST 5000).

Q. If daily expenses (inward supply not for resale) is less than 5000 than do we have to show it in GSTR2 and 3B under exempt or non GST?

A. Show under Exempt.

Q. If i purchased printer can i avail ITC?

A. Yes you can avail.

Q. Renewed tally license online. Can I avail it's ITC?

A. Yes if invoice contain your GST number.

Q. In July we paid 18000 as reverse charges, in which form can I Claim it? It's not showing up in my ITC.

A. You can claim it in 3B/ GSTR2 return for same month.

Q. If I submit return now and filed tomorrow after payoff, then penalty will be levied?

A.Yes 200/- per day.

A. Download filed return button would be enabled once the taxpayers files the return(2).

A. Person providing any exempt service may also opt composition scheme. Value of such service will also not be included in aggregate turnover limit.

A. Plastic Kitchenware should be at equal GST rate as on Steel, Woods, Porcelain or China Kitchenware.

A. Single invoice-cum-bill of supply may be issued where registered person supplies taxable and exempted goods/services to unregistered person.

A. RCM will not be deferred for GTA expenses, lawyer services.

A. Reverse charge in case of purchases from unregistered. Dealer will be deferred till 31.3.18. Date of applicability will depend upon notification.

A. ITC on supplies used in construction of immovable property not allowed to the extend capitalised.

A. ITC of car repair expenses and car insurance premium is available if used for business purpose.

Q. How to claim ITC of Reverse Charge under section 9(3) paid by the dealer as in GSTR 2A is showing Nil amount of CGST and SGST

A. As tax is payable by recipient he has to declare in Table 4 of GSTR-2.

Q. My supplier has not given details of invoices having exempted products do I have to add these invoices manually or should I exclude them?

A. No need to add these invoices. Put the consolidated details in Exempted Supply tab.

Q. What will be the late fee if GSTR 1 filed after 31st Oct?

A.100 Rs per day - refer section 47 CGST act and same Rs 100/- per day for SGST. It means 200/- per day and maximum 10000.

Q.Are you able to see your purchase invoices in GSTR2? GSTR2A data is not populating in GSTR2?

A.In some cases GSTR2A data is not populating in GSTR2. To do so Click on "Generate GSTR2 Summary".

Q.We have late filed 3b, we have enough balance of cash ledger, can we adjust interest and late fee against available cash balance?

A. Not adjustable. You have to pay by cash fee & Interest.

Q. Will it auto calculate the 'late tax' or we have to calculate and put in the return?

A. we have to calculate late tax i.e. interest.  Late fee will auto calculate.

Q. Can I let the wrong GSTR3B be as it is, file the correct 3Bs for other months and correct the mistakes of wrong 3B in GSTR 1, 2 and 3?

A. Yes you can do so

Q. I have paid RCM on rent for Aug and shown it in 1st box of GSTR-3B as liability but forgot to shown as input in 3rd box ITC available, can I add to September ITC available?

A. Claim in GSTR2 for Aug month.

Q. What if, if we paid late tax for the month of August?

A. Interest to be charged.

Q. I can see vendor invoices in 2A. But can't see in GSTR2? How to transfer them in GSTR 2?

A. Click on " Generate invoice summary"

Q. Purchased a laptop Rs 30000 as fixed assets can I claim input in a 1 year or in 5 yr. Can I show depreciation without input claim?

A. Can be claimed at once. Don't charge depreciation on tax component to avail ITC

Q. I distributed Diwali gifts to our business clients. I have tax invoice bill in my company name. Can I avail ITC?

A. ITC on gifts is blocked u/s 17(5) of CGST.

Q. I have entered some cancel bills in my GSTR-1 of July, how can I rectify that? Otherwise tax liability will raise in GSTR-3?

A. Ask your recipient to reject these invoices.

Q. If counter party submit status is no, then do i have to add supplier invoice again?

A. Yes you can do so to avail ITC in same month

Q. How much value of stamp papers are required for consent letter to be uploaded while making registration??

A. It can be Rs.10 or more

Q. GST on rent under RCM is also suspended till 31st March 18?

A. Yes

Q. Input credit on Hotel stay in another state is allowed?

A. No

Q. In what name the invoice will be issued in case of freight paid on RCM ?

A. Name of supplier.

Q. In which form we have to show transaction of RCM paid towards GTA, GSTR1 or GSTR2

A. GSTR 2 

Q. HSN summary is mandatory to upload turnover is more than 1.5C in previous year or current year?

A. Previous year.

Q. Can we provide only B2B Invoices HSN Summary in GSTR 2

A. All inward supply details 

Q. For the month of October November December tax amount if payable, is to be paid monthly or

quarterly with return?

A. Notification awaited.

Q. What is appointed day???

A. 1st July 2017 for GST.

GST Payment Related Grievances

1. For which issues can I raise a grievance?

Please do not raise a grievance under the following conditions:

2. Who can report grievances? Do I need to be a registered user of GST Portal for filing grievances?  

Any registered taxpayer and any user who has been assigned Temporary ID can raise grievance for Payment related issues.

3. Who addresses the submitted grievances?

All grievances related to Payments are handled by the GST Portal. Based on the CPIN and Bank name entered by Taxpayer in the Grievance Form, an on demand call will be sent to the concerned bank. Based on the response from the bank, the Electronic Cash Ledger will be updated with appropriate comments and the grievance will be closed.

If no response is received from the concerned bank or incorrect response is received from the bank, the Grievance ticket will be closed with appropriate remarks explaining the error occurred; e.g. “No details received from your bank for CPIN. Please contact the bank to resolve this. You can also contact the ombudsmen of the concerned bank if the bank is not responding.”.

The remarks will be sent to you on the registered email address and SMS of the authorized signatory. In case of taxpayers who have been filed grievance in pre-login mode, the remarks will be sent on the e-mail message and mobile phone number mentioned in the grievance form.

4. While making GST payment, money has got deducted from my bank account but it is not reflecting in the Electronic Cash Ledger, neither I have received the CIN. How soon should I report my grievance in such a situation? For grievances related to Payments or Electronic Cash Ledger and situations where money got deducted from the bank account but not reflecting in the Electronic Cash Ledger, or CIN not received, etc., users are advised to wait for 24 hours from the time of making the payment. Most cases get resolved automatically within 24 hours. If your payment has failed, the deducted money may either get rolled-back into your bank account, or it may get processed to generate a CIN and thereafter it will be reflected in your Electronic Cash Ledger. If the situation doesn’t automatically resolve in 24 hours, then you may go ahead and submit a grievance for your case on the GST Portal.

5. Is there a way I can monitor the progress / status of my grievance after filing?

Users can check the progress / status of their grievances from within the GST Portal itself using “Enquire Status” service under Grievance Menu. All grievances will show one of the following statuses, depending on their resolution path and check point:

·         Submitted: On submission of grievance.

·         Resolved: Once the grievance gets resolved.

Whenever there is an update on the grievance ticket, Taxpayer / Applicant will receive updates by SMS and e-mail message.

6. Can I submit grievance in pre-login mode?

The grievance can be submitted in both pre-login and post login.

7. Can I see status of grievance in pre-login mode?

Yes

8. How can I file a Grievance / Complaints on the GST Portal?

Navigate the Services > User Services > Grievance / Complaints and submit the grievance form thereafter.

9. How can I enquire status of the Grievance / Complaints filed on the GST Portal?

Navigate the Services > User Services > Grievance / Complaints > Enquire Status and enter the Grievance Number and status will be displayed.

GST – LATEST