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RECENT NOTIFICATIONS FOR CGST ACT

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RECENT NOTIFICATIONS FOR CGST ACT
By: Mr.M. GOVINDARAJAN
January 10, 2019
  • Contents

The Central Government has issued 13 notifications for CGST Act for the implementation of the decisions taken in the recent GST Council from Notification No. 67 to Notification No. 79 on 31.12.2018.

Notification No. 67/2018-Central Tax

This notification seeks to extend the time period specified in notification No. 31/2018-CT dated 06.08.2018 for availing the special procedure for completing migration of taxpayers who received provisional IDs but could not complete the migration process.

  • Notification No. 31/2018-Central Tax, dated 06.08.2018 specified the persons who did not file the complete FORM GST REG- 26 of the Central Goods and Services Tax Rules, 2017 but received only a Provisional Identification Number till the 31st December, 2017 may apply for Goods and Services Tax Identification Number (GSTIN) on or before 31.08.2018.
  • On receipt of ARN number, the taxpayers shall furnish the required details to GSTN on or before 30.09.2018.
    • The present notification extended the deadline to 31.01.2019 for applying for GSTIN and extended the deadline to 28.02.2019 to furnish the required information to GSTN who received ARN number.

Notification No. 68/2018-Central Tax

This notification seeks to extend the time limit for furnishing the return in FORM GSTR-3B for the newly migrated taxpayers.

  • Notification No.21/2017-Central Tax, dated 08.08.2017 provides that the return in FORM GSTR-3B  to be filed for the period from July, 2017 to November 2018 by the taxpayers who have obtained Goods and Services Tax Identification Number (GSTIN) shall be furnished electronically through the common portal on or before the 31st day of December 2018.
    • Notification 68/2018-Central Tax amended the Notification No. 21/2017 and provides that the return in FORM GSTR-3B is  to be filed for the period from July, 2017 to February 2019  by the taxpayers who have obtained Goods and Services Tax Identification Number (GSTIN) shall be furnished electronically through the common portal on or before the 31st day of March, 2019.
  • Notification No. 56/2017-Central Tax, dated 15.11.2017 provides that  the return in FORM GSTR-3B is  to be filed for the period from July, 2017 to November 2018 by the taxpayers who have obtained Goods and Services Tax Identification Number (GSTIN) shall be furnished electronically through the common portal on or before the  31.12.2018.
    • Notification 68/2018-Central Tax amended the Notification No. 56/2017 and provides that the return in FORM GSTR-3B is  to be filed for the period from July, 2017 to February 2019 by the taxpayers who have obtained Goods and Services Tax Identification Number (GSTIN) shall be furnished electronically through the common portal on or before the 31st day of March, 2019.

Notification No. 69/2018-Central Tax

This notification seeks to extend the time limit for furnishing the return in FORM GSTR-3B for the newly migrated taxpayers.

  • Notification No.35/2017-Central Tax, dated 15.09.2017 provides that the return in FORM GSTR-3B  is to be filed for the period from July, 2017 to November, 2018 by the taxpayers who have obtained Goods and Services Tax Identification Number (GSTIN) in terms of shall be furnished electronically through the common portal on or before the 31st day of December, 2018.
  • Notification No.16/2018-Central Tax, dated 23.03.2018 provides that the return in FORM GSTR-3B  is to be filed for the period from July, 2017 to November, 2018 by the taxpayers who have obtained Goods and Services Tax Identification Number (GSTIN) in terms of shall be furnished electronically through the common portal on or before the 31st day of December, 2018.

Notification No. 70/2018-Central Tax

  • The third proviso to para 1 of Notification No. 34/2018-Central Tax, dated 10.08.2018 provides that the return in  of the said rules to be filed for the period from July, 2017 to November 2018 who have obtained Goods and Services Tax Identification Number (GSTIN) shall be furnished electronically through the common portal on or before the  31.12.2018.
  • This notification amended by which the return in  of the said rules to be filed for the period from July, 2017 to February 2019 who have obtained Goods and Services Tax Identification Number (GSTIN) shall be furnished electronically through the common portal on or before the  31.03.2019.

Notification No. 71/2018- Central Tax

This notification seeks to extend the time limit for furnishing the details of outward supplies in GSTR – 1 for the newly migrated tax payers.

  • Vide Notification No. 43/2018-Central Tax, dated 10.09.2018 the Central Government, on the recommendations of the Council notified the registered persons having aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the current financial year, as the class of registered persons who shall follow the special procedure mentioned in the said notification for furnishing the details of outward supply of goods or services or both.
  • The second proviso to para 2 in the said notification provides that the details of outward supply of goods or services or both in FORM GSTR-1 to be filed for the quarters from July, 2017 to September, 2018 by the taxpayers who have obtained Goods and Services Tax Identification Number (GSTIN), shall be furnished electronically through the common portal, on or before the  31.12.2018.
  • This notification amended by which the return in  of the said rules to be filed for the period from July, 2017 to December 2018 who have obtained Goods and Services Tax Identification Number (GSTIN) shall be furnished electronically through the common portal on or before the  31.03.2019.

Notification No.72/2018-Central Tax

This notification seeks to extend the time limit for furnishing the details of outward supplies in FORM GSTR-1 for the newly migrated taxpayers.

  • Vide Notification No.44/2018-Central Tax, dated 10.09.2018  the Commissioner, on the recommendations of the Council, hereby extends the time limit for furnishing the details of outward supplies in  of the Central Goods and Services Tax Rules, 2017, by such class of registered persons having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or the current financial year, for the months from July, 2017 to September, 2018 till the 31st day of October, 2018 and for the months from October, 2018 to March, 2019 till the eleventh day of the succeeding month.
  • The first proviso to para 1 provides that the time limit for furnishing the details of outward supplies in  for the months from July, 2017 to November 2018  for the taxpayers who have obtained Goods and Services Tax Identification Number (GSTIN) shall be extended till the  31.12.2018
  • This notification amended by which the return in  of the said rules to be filed for the period from July, 2017 to February 2019 who have obtained Goods and Services Tax Identification Number (GSTIN) shall be furnished electronically through the common portal on or before the  31.03.2019.

Notification No. 73/2018-Central tax

This notification seeks to exempt supplies made by Government Departments and PSUs to other Government Departments and vice-versa from TDS.  This notification seeks to insert a third proviso after the second proviso in the Notification No. 50/2018-Central Tax, dated 13.09.2018(notified the appointed date for section 50 as 01.10.2018).  The newly inserted proviso provides that nothing in the notification No. 50/2018-Central Tax shall apply to the supply of goods or services or both which takes place between one person to another person specified under clauses (a), (b), (c) and (d) of sub-section (1) of section 51 of the Act

Section 51(1) provides that 51 (1) provides that notwithstanding anything to the contrary contained in this Act, the Government may mandate,––

(a) a department or establishment of the Central Government or State Government; or

(b) local authority; or

(c) Governmental agencies; or

(d) such persons or category of persons as may be notified by the Government on the recommendations of the Council,

to deduct tax at the rate of 1% from the payment made or credited to the supplier of taxable goods or services or both, where the total value of such supply, under a contract, exceeds ₹ 2.50 lakhs.

Notification No. 74/2018-Central Tax

This notification amended the Central Goods and Services Tax Rules, 2017 which will be discussed in a separate article.

Notification No. 75/2018-Central Tax

This notification seeks to fully waive the amount of late fees leviable on account of delayed furnishing of FORM GSTR-1 for the period July, 2017 to September, 2018 in specified cases.

  • Vide Notification 4/2018-Central Tax dated 23.01.2018 the Central Government, on the recommendations of the Council, hereby waives the amount of late fee payable by any registered person for failure to furnish the details of outward supplies for any month/quarter in FORM GSTR-1 by the due date under section 47 of the said Act, which is in excess of an amount of ₹ 25/- for every day during which such failure continues.
  • This notification inserted the secondproviso which providesthat the amount of late fee payable under section 47 of the said Act shall stand waived for the registered persons who failed to furnish the details of outward supplies in FORM GSTR-1 for the months/quarters from July, 2017 to September, 2018 by the due date but furnishes the said details in FORM GSTR-1 between the period from 22nd December, 2018 to 31st March, 2019.

Notification No. 76/2018-Central Tax

This notification seeks to specify the late fee payable for delayed filing of FORM GSTR-3B  and fully waive the amount of late fees leviable on account of delayed furnishing of FORM GSTR-3B  for the period July, 2017 to September, 2018 in specified cases.

This notification provides that the amount of late fee payable under section 47 of the said Act, shall stand waived for the registered persons who failed to furnish the return in FORM GSTR-3B for the months of July, 2017 to September, 2018 by the due date but furnishes the said return between the period from 22nd December, 2018 to 31st March, 2019.

Notification No. 77/2018-Centra Tax

This notification seeks to fully waive the amount of late fees leviable on account of delayed furnishing of FORM GSTR-4 for the period July, 2017 to September, 2018.  This notification provides that the amount of late fee payable under section 47 of the said Act shall stand waived for the registered persons who failed to furnish the return in FORM GSTR-4 for the quarters from July, 2017 to September, 2018 by the due date but furnishes the said return between the period from 22nd December, 2018 to 31st March, 2019.

Notification No. 78/2018-Central Tax

This notification seeks to extend the due date for furnishing FORM ITC-04 for the period from July, 2017 to December, 2018 till 31.03.2019.  The  the Commissioner extended the time limit for furnishing the declaration in FORM GST ITC-04  in respect of goods dispatched to a job worker or received from a job worker, during the period from July, 2017 to December, 2018 till the 31st day of March, 2019.

Notification No.79/2017-Central Tax

This notification amended the Notification No.2/2017-Central Tax, dated 19.06.2017 which prescribed the territorial jurisdiction officer.  Table I of the said notification prescribed the jurisdiction of Principal Chief Commissioner/Chief Commissioner of Central Tax  in terms of Principal Commissioners/Commissioners of Central Tax, Commissioners of Central Tax (Appeals), Additional Commissioner of Central Tax (Appeals) and  Commissioners of Central Tax (Audit).

This notification provides that the central tax officer and the officers subordinate to him as detailed below-

  • Principal Chief Commissioner;
  • Chief Commissioner;

shall exercise powers under sections 73, 74, 75 and 76 of Chapter XV of the said Act throughout the territorial jurisdiction of the corresponding central tax officer of Principal Chief Commissioner/Chief Commissioner in respect of those cases as may be assigned by the Board.

  • Section 73 of the Act provides for the determination of the tax not paid or erroneously refunded or input tax credit wrongly availed or utilized for any reason other than fraud or any willful mis statement or suppression of facts;
  • Section 74 of the Act provides for the determination of the tax not paid or erroneously refunded or input tax credit wrongly availed or utilized by reason of fraud or any willful mis statement or suppression of facts;
  • Section 75 of the Act provides for the general provisions relating to determination of tax;
  • Section 76 of the Act provides for the consequences of the tax collected but not remitted to the Government.

 

By: Mr.M. GOVINDARAJAN - January 10, 2019

 

 

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