Friday, 21 September 2018

EXAMINATION FOR CONFIRMATION OF ENROLLMENT OF GST PRACTITIONERS

The National Academy of Customs, Indirect Taxes and Narcotics (NACIN) has been authorized to conduct an examination for confirmation of enrollment of Goods and Services Tax Practitioners (GSTPs) in terms of the sub-rule (3) of rule 83 of the Central Goods and Services Tax Rules, 2017, vide Notification No. 24/2018-Central Tax dated 28.5.2018.
The GSTPs enrolled on the GST Network under sub-rule (2) of Rule 83 and covered by clause (b) of sub-rule (1) of Rule 83, i.e. those meeting the eligibility criteria of having enrolled as sales tax practitioners or tax return preparer under the existing law for a period not less than five years, are required to pass the said examination before 31.12.2018 in terms of second proviso to rule 83(3). The examination for such GSTPs shall be conducted on 31.10.2018 from 1100hrs to 1330 hrs. at designated examination centres across India.
It will be a Computer Based Exam. The registration for this exam can be done by the eligible GSTPs on a registration portal, link of which (https://nacin.onlineregistrationform.org/) will also be provided on NACIN and CBIC websites. The registration portal will be activated on 25th September, 2018 and will remain open up to 10Th Oct 2018. For convenience of candidates, a help desk will also be set up, details of which will be made available on the registration portal. The applicants are required to make online payment of examination fee of Rs. 500/- at the time of registration for this exam.
Pattern and Syllabus of the Examination
PAPER : GST Law & Procedures
Time allowed
2 hours and 30 minutes
Number of Multiple Choice Questions
100
Language of Questions
English and Hindi
Maximum marks
200
Qualifying marks  
100 No negative marking
  Syllabus
1. Central Goods and Services Tax Act, 2017
2. Integrated Goods and Services Tax Act, 2017
3. State Goods and Services Tax Acts, 2017
4. Union Territory Goods and Services Tax Act, 2017
5. Goods and Services Tax (Compensation to States) Act, 2017
6. Central Goods and Services Tax Rules, 2017
7. Integrated Goods and Services Tax Rules, 2017
8. All State Goods and Services Tax Rules, 2017
9. Notifications, Circulars and orders issued from time to time



IMPOSITION OF PENALTY IN E-WAY BILL

CBIC clarification on imposition of penalty in case of minor discrepancies in the details mentioned in the e-way bill although there are no major lapses in the invoices accompanying the goods in movement vide Circular No. 64/38/2018-GST Dated 14th September, 2018. In case a consignment of goods is accompanied with an invoice or any other specified document and also an e-way bill, proceedings under section 129 of the CGST Act may not be initiated, inter alia, in the following situations:
a
Spelling mistakes in the name of the consignor or the consignee but the GSTIN, wherever applicable, is correct;
b
Error in the pin-code but the address of the consignor and the consignee mentioned is correct, subject to the condition that the error in the PIN code should not have the effect of increasing the validity period of thee-way bill;
c
Error in the address of the consignee to the extent that the locality and other details of the consignee are correct;
d
Error in one or two digits of the document number mentioned in the e-way bill;
e
Error in 4 or 6 digit level of HSN where the first 2 digits of HSN are correct and the rate of tax mentioned is correct;
f
Error in one or two digits/characters of the vehicle number.
In case of the above situations, penalty to the tune of Rs 500/- each under section 125 of the CGST Act and the respective State GST Act should be imposed (Rs.1000/- under the IGST Act) in FORM GST DRC-07 for every consignment.



Wednesday, 19 September 2018

APPLICATION FOR DEFERRED PAYMENT - GST DRC - 20

Filing Form GST DRC - 20 (Application for Deferred Payment or Payment in Instalments)
Q
What is the purpose of FORM GST DRC - 20?
A
FORM GST DRC - 20 is an application form that can be filed by any taxpayer to apply for one of the following two options available to them in case they cannot pay the entire amount due under the GST Act in one go:
·        Deferred payment: when due is deferred for payment at later stage
·        Payment in instalments: when due is paid in installments
Q
When can I file FORM GST DRC - 20?
A
You can file FORM GST DRC - 20 when Demand is pending for recovery under GST Act against you and you wish to apply for deferred payment or payment in instalments of amount due under the GST Act.
Q
Can I file FORM GST DRC - 20 in respect of amount against return related demands?
A
No, application for deferred payment using FORM GST DRC - 20 cannot be filed against return related demands. You can file application for deferred payment using FORM GST DRC - 20 for other than return related demands, which are posted in Liability Register Part-B.
Q
How many applications for deferred/payment in Instalments can I file?
A
Only one “Application for Payment in Instalments” can be submitted against a particular Demand ID.
Q
In FORM GST DRC - 20, I need to enter the number of months for my instalments. Is there any limitation on the number of months?
A
Yes. Maximum no of Installment allowed is 24.
Q
How is the interest calculated if I select the option of "Monthly Instalments" in FORM GST DRC - 20?
A
Interest is calculated considering the following points:
·        Interest will be applicable only on the tax/cess amount applied for instalment/ deferment.
·        No interest will be payable on the Interest, Penalty and any other amount in the Demand ID.
·        Interest will not be calculated by system as part of application for deferred payment/payment in instalment. Instead, if any interest needs to be recovered from taxpayer as part of monthly instalment then tax officer will create separate demand ID which will be paid by taxpayer.

Q
I have filed FORM GST DRC - 20. What actions will take place on the GST Portal now?
A
Once you have filed FORM GST DRC - 20, following actions will take place on the GST Portal:
·        SMS and Email will be sent to you intimating ARN and successful filing of the Form.
·        Your application for payment in Installments shall be submitted to the Commissioner/proper officer of concerned jurisdictional authority and will become a pending item in his/her queue of work-items. The Officer will adjudicate on the application and either Accept or Reject or Accept with modification your request. You can access the generated ARN and view the filed application from the following navigation :  Dashboard > Services > User Services > My Applications > Case Details > APPLICATIONS  
·        Demand ID in DCR, in respect of which you have filed this application, will be flagged to show that such an application is filed against the Demand ID.
Q
How will I come to know that the officer has processed my application for deferred/ payment in Instalments?
A
Once the officer has processed an application for deferred/payment in Instalments, following actions will take place on the GST Portal:
·        Approval or Rejection or Modification order will be generated and intimation of issue of order shall be sent via email and SMS to taxpayer.
·        Status of ARN shall get updated to ‘Rejected’ in case of rejection, "Approved" in case of acceptance and “Application approved with modification” in case of modification.
·        Order will be available at the dashboard of taxpayer for view, print and download: Dashboard > Services > User Services > My Applications > Case Details > ORDERS  
·        Status of Recovery ID remains the same in case of rejection. In case of acceptance or modification, the status of recovery ID shall change to “Deferred Payment/Payment by Instalments”. If there is a default in the payment of monthly instalments, the status of recovery ID shall change from Deferred Payment/Payment by Instalments to Recoverable
Q
What will happen if I am unable to make the required payment, after the acceptance of my application for payment in Instalments?
A
In case there is any default in payment of any one installment on its due date, the whole outstanding balance payable on such date will become due and payable forthwith, and will be liable for recovery without any further notice to the Taxpayer.
Q
During the processing of applications for deferred payment or payment in instalments, what all and when the Status changes take place in an ARN/Case ID on the GST Portal?
A
On the GST Portal, during the processing of applications for deferred payment or payment in instalments, the ARN/Case ID may undergo following Status changes: 
1.   Pending for Processing:  When a taxpayer files the application and it is under work item of tax officer
2.   Approved: When tax officer approves the application of taxpayer for deferred payment or payment in instalments
3.   Application approved with modification: When tax officer approves the application with certain modifications
4.   Rejected: When tax officer rejects the application of taxpayer for deferred payment or payment in instalments
5.   Application approved with modification: When tax officer approves the application with certain modifications
6. Pending for Processing: When a taxpayer files the application and it is under work item of tax officer.