Compilation of all notifications issued ON 15.11.2017

[Pradeep Jain]

Recently 23^rd GST council meeting has been held in which various decisions were declared. All the notifications were issued recently in this respect. Lets summarise this with the help of this update-

• Notification 66/2017 CT dated 15.11.2017 has been notified stating that all registered person other than person registered under composition scheme is not required to pay tax on advance received on supply of goods. The notification exempts all taxpayers from payment of tax on advances received in case of supply of goods. This notification has superseded the earlier notification no. 40/2017 CT dated 13.10.2017.

This mean that the composition scheme dealer has to pay the taxes on advaces. All other assessee need not to pay the tax on advances. We are failed to understand why this provision has been kept for composition scheme?

Secondly, this is applicable on supply of goods only and not supply of services. Hence, there is no need to pay the GST on advance received for supply of goods. But service providers will continue to pay GST on advance received.

Lastly, there is no limit for non-payment of GST on advance received. Earlier it was contended that the exemption is available to assessee of turnover of ₹ 1.5 crore. But this notification has clarified that it is applicable to all except those who has opted for composition scheme.

• Notification 65/2017 CT dated 15.11.2017 exempt suppliers of services through an e-commerce platform from obtaining compulsory registration. 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 is below the twenty lacs. Earlier there was compulsory registration under such persons.
• Notification 64/2017 CT dated 15.11.2017 specifies that from October 2017 onwards, if the total amount of central tax payable is nil;says that there will be less liability the late fees will be paid as ₹ 10/- per day under CGST Act. The interpretation of this says that this less late fee will be payable if the liability of CGST is nil. If there is liability of IGST Act but no liability in CGST then also the less amount will be payable. Although it seems to be very absurd interpretation but notification reads like that only.

 In case there is tax to be paid then late fees is increased to ₹ 25/- per day. This late fees reduction is in respect of GSTR 3B. For the other returns, the normal late fee of ₹ 200/- per day will be payable.

• Due dates of many returns have been extended as follows vide notification-

S. No.	Notification No.	FORM and Details	Previous due date	Revised due date
1	63/2017-Central Tax, dt. 15-11-2017	GST ITC-04 for the quarter July-September, 2017	25.10.2017	31.12.2017
2	62/2017-Central Tax, dt. 15-11-2017	GSTR-6 for July, 2017 for Input Service Distributor	13.08.2017	31.12.2017
3	61/2017-Central Tax ,dt. 15-11-2017	GSTR-5A for  the  month  of  July,  2017,  August,  2017,  September,  2017  and October,  2017  by  a  person  supplying  online  information  and  database  access  or  retrieval services from a place outside India to a non-taxable online recipient	20.11.2017	15.12.2017
4	60/2017-Central Tax ,dt. 15-11-2017	GSTR-5 to be filed by non resident taxable person for  the  month  of  July,  2017,  August,  2017,  September,  2017  and October,  2017		11.12.2017
5	59/2017-Central Tax ,dt. 15-11-2017	GSTR-4 for composition supplier for  quarter July-Sept, 2017	15.11.2017	24.12.2017

• Notification 58/2017-Central Tax ,dt. 15-11-2017 prescribes the due date for filing of GSTR 1 for assesses having turnover above 1.5 crores. GSTR-1 to be filed on monthly basis

Tax period	Due date
July-Oct	31st Dec 2017
Nov	10th Jan 2018
Dec	10th Feb 2018
Jan	10th Mar 2018
Feb	10th April 2018
Mar	10th May 2018

Time limit of filing GSTR-2 and GSTR-3 for the months of July, 2017 to March 2018 will be decided soon. Although the press conference by FM said that the GSTR-2 and GSTR-3 are deferred upto March 31, 2018 but the press release say that time limit will be decided soon.

Meanwhile GSTR-1 can be continue to be filed without compulsion of filing GSTR-2 and GSTR-3 of previous month.

• Notification 57/2017-Central Tax ,dt. 15-11-2017 prescribes the due date for filing of GSTR 1 for assesses having turnover upto ₹ 1.5 crores on quarterly basis. Due dates of FORM GSTR-1 are prescribed as follows:-

Tax period	Due date
Jul- Sep	31st Dec 2017
Oct- Dec	15th Feb 2018
Jan- Mar	30th April 2018

 

Time limit of filing GSTR-2 and GSTR-3 for the months of July, 2017 to March 2018 will be decided soon. Again there is dispute in press conference and press release.

• Notification 56/2017- CT, dt. 15-11-2017 states that FORM GSTR-3B along with payment of tax has been continued till March, 2018. It has to be filed by all the tax payers by 20th of the succeeding month.

Although it was said earlier that the person having turnover below Rs. 1.5 crore need to file quarterly return and pay tax on quarterly basis. But the notification is going contrary to the same. It says only GSTR-1 is to be filed on quarterly basis but the GSTR-3B to be filed monthly basis. Hence the tax is to be paid on monthly basis.

 

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