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TMI BlogDeleration in Annexure vX X X X Extracts X X X X X X X X Extracts X X X X ..... Deleration in Annexure v X X X X Extracts X X X X X X X X Extracts X X X X ..... 23/03/2023 we got information that Annexure V -Form for exercising an option to pay GST by GTA under forward charge is to be filled online before 15/03/2023 option for submitting form lapsed. Sir as we have filled physically(offline) Declaration in Annexure V with jurisdictional authority can we continue as GTA under forward charge Reply By Amit Agrawal: The Reply: Relevant condition (from Noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fication No. 11/2017-Central Tax (Rate) as amended till date) reads as follows: "(2) The option by GTA to itself pay GST on the services supplied by it during a Financial Year shall be exercised by making a declaration in Annexure V on or before the 15th March of the preceding Financial Year: ...." Heading of Annexure V reads as follows: Form for exercising the option by a Goods Trans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port Agency (GTA) for payment of GST on the GTA services supplied by him under forward charge before the commencement of any financial year to be submitted before the jurisdictional GST Authority. And condition (i.e. making a declaration in Annexure V) stands fulfilled by you on 22.02.2023 for FY 23-24 in my view. W.r.t. filing such declaration 'online' & not 'offline', first, no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such thing is prescribed in above referred notification. Even otherwise, filing such declaration offline (instead of 'online') is at best a procedural lapse. And same should not lead to valid denial of option so chosen by you in my humble view. These are ex facie views of mine and the same should not be construed as professional advice / suggestion. Reply By Shilpi Jain: The Reply: Agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee. Also from your query it looks like you submitted the form on 22nd Feb '23 and it looks like the GSTN advisory which mentions the submission of the form online was issued after this date. So you could write back to the department quoting the series of events and intimating that you are opting for the forward charge. Reply By Padmanathan Kollengode: The Reply: Agreed with views of expert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Once annexure V has been filed manually (assuming you have acknowledgment of the same), option cannot be denied only because it was not filed online. Reply By Ganeshan Kalyani: The Reply: Submission of Declaration is mandatory which you have done. Now, the question is offline vs online. Since, the department has already received your declaration offline it is clear that your intention about f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing forward charge RCM is informed to them. Online declaration also would have served the same purpose. Hence, the medium of communication is not relevant, Dept may have power /authority to update their system as declaration received online. Thereby the procedural lapse can be regularised. Approach the dept and make a request to update their record. Reply By Ganeshan Kalyani: The Reply: Ple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase ignore the word "RCM" in my reply. Reply By CA ShivKumarBhasin: The Reply: Sir, You can still file Annexure-V on the GST Portal by 31.05.2023 to avoid any inconvenience in future. Vide Notification No. 05/2023-Central Tax (Rate) dated 9th May 2023, CBIC had amended the CGST Services Rate Base Notification, i.e. Notification No. 11/2017-Central Tax (Rate) dated 28th June 2017 to p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovide that the option for paying taxes under FCM for the FY 2023-24 can be exercised by the GTA by making a declaration in Annexure V on or before the 31st May 2023.
Earlier, this time limit was 15th March 2023. This extension is provided for GTAs who could not exercise their option by that time. X X X X Extracts X X X X X X X X Extracts X X X X
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