MAJOR CHANGES in GST RULES: Effective from 01st Jan 2021

GST Rules - Changes Effective 1st Jan'21

ITC LIMIT:-

Maximum permissible limit for ITC over and above GSTR 2A amount is reduced from 10% to 5%.

GSTR 1 FILING:–

o Henceforth, mere uploading of invoice in GSTR-1 will not suffice; GSTR1 has to be mandatorily FILED by supplier.

o GSTR 1 cannot be filed if GSTR 3B is not filed for preceding 2 months / one tax period (under QRMP scheme)

CASH PAYMENT:-

Persons with Taxable Turnover > 50 lakhs per Month/tax period shall pay at least 1% of tax through cash ledger compulsorily even though the balance is available in credit ledger. (New Rule 86B inserted – subject to exemptions)

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Changes in GST rule Effective from 22nd Dec 2020:-

CANCELLATION of Regn. Certificate(RC):–

Now the officer can proceed for cancellation of GSTIN where a taxpayer :

  • Avails Input Tax Credit (ITC) exceeding than what is permissible
  • Declares liability in GSTR 3B < GSTR 1 in a particular month
  • Fails to pay 1% of tax liability as cash if turnover is > Rs. 50 Lakhs (subject to conditions)

SUSPENSION of Regn. Certificate:-

Now, NO opportunity of being heard shall be given for SUSPENSION OF GSTIN, i.e., GSTIN will be suspended if the officer has reasons to believe that the registration of the person is liable to be cancelled.

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When a GSTIN is suspended:–

  • No refund can be availed by the taxpayer
  • E-way bill cannot be generated

E-Way Bill:-

E-way bill travel time reduced. Minimum kms. to be covered has been increased from 100 kms/day to 200 kms/day.

REGISTRATION:–

  • The maximum time to review and grant registration is increased to 7 days instead of 3 days.
  • The time limit for physical verification for grant of registration is increased to 30 days instead of 7 days.
  • Where the applicant does not do Adhaar authentication or
  • Where department feels fit to carry out.

Recent Post:-

Declaring the Actual Tax Paid during the Year (Part IV of GSTR 9)

  • 09 Aug 2019
  • GSTR
  • Comments Off on Declaring the Actual Tax Paid during the Year (Part IV of GSTR 9)

GSTR 9 Annual Return arrangement is round the corner. With due date expanded twice from 31st December 2018 to 30th June 2019 and from 30th June 2019 to 31st August 2019, it is normal that this time there won’t be any extensions.

The annual return is separated into 6 sections, Part I covers fundamental details while Part II is for outward supplies. Part III is significant section covering ITC related reports in Table 6, Table 7 and Table 8.

Part IV is the actual tax paid during the financial year. This article covers the rules to fill Table IV of GSTR 9.

Payment of tax under Table 6.1 of FORM GSTR-3B might be utilized for filling up the details in Part IV of the Annual Return.

Once after getting details related to outward supplies in Part II and details of Input tax Credit benefited and changed in Part III of GSTR 9, Part IV requires the individual filing an Annual Return to report the details of tax, interest, late charge, punishment and different amounts payable and paid consequently on a cumulative basis for the financial year.

The reason for point number 9 in Part IV is to get the merged estimation of tax liability self assessed including tax payable on additional obligation which has not been accounted for yet and tax paid, released in the monthly returns i.e Form 3B by the Registered Person for the period for which the Annual Return is being filed. The given details alongside differential tax details announced in Sl. No. 14 in Part V of the Form will accept the total tax risk for the financial year which is determined, announced and released by the Registered Person up to the date of filing the Annual Return and balance must be paid in cash through DRC-03.

A. For Tax Payable and Tax Paid

Data required in this condition is of ‘tax payable’ and ‘tax paid’ (with money or credit). Table 6.1 of GSTR 3B is intended for gathering data and including it here. The Table likewise contains ‘tax payable’ and ‘tax paid’. As regards ‘tax payable’, the same must be in arrangement with taxable turnover in Sl.No. 4M of GSTR 9 and comparing ‘tax payable’.

In like manner, where taxable turnover revealed in GSTR 1 and GSTR 3B are in coordinated with one another, there would be no ‘new’ tax risk recognized without precedent for GSTR 9. However, where they are not in coordinated taxable turnover revealed in GSTR 1 and that on which tax is really released through GSTR 3B may not be in agreement. It is hence that Sl.No.9 captures ‘tax payable’ in view of GSTR 9 (4N) yet ‘tax paid’ in view of GSTR 3B (6.1)

Subsequently, section “Tax Payable” would be determined based on 4N however segment “Paid through cash” would spill out of 6.1 of GSTR3B.

B. For Interest Payable and Paid

For revealing the measure of interest under the given section, interest really admitted and paid must be reported here.

The details of interest really paid under Section 50 can be taken from Table 5.1 of GSTR 3B petitioned for the financial year, whenever paid. Further, the details of interest paid, to be accounted in Part IV of GSTR 9 can likewise be cross verified with Credit and Debit related with enthusiasm for Electronic tax Liability Register. I

Interest obligation re-calculated for compliance of arrangement of section 16 of the CGST Act, which accommodates inversion of ITC if creditors for internal supply have not been paid in 180 days. Along these lines, sundry creditors remarkable as on 31.03.2018 must be reconciled that no exceptional amount is lying for internal supplies made by them in the between 1.07.2017 to 2.10.2017.

C. For Late Fees Payable and Paid

For revealing Late Fees appropriately paid during the period July 2017 to March 2018 for late filing of any of the GST Returns on which Late Fees was required and paid by the Registered Person,.

Table6.1 of GSTR 3B will be utilized. Further, the details of Late Fee to be accounted for in Part IV of GSTR 9 can likewise be cross verified with Credit and Debit relating to late fee in Electronic tax Liability Register.

D) For Penalty and Other Dues Payable and Paid

In GSTR 3B, there is no Table determined for payment of any Penalty or Other Dues. But, under the law there can be examples where an individual filing an Annual Return may have paid penalty because of different occurrences, for example, as for causing movement of goods infringing upon arrangements of Rule 138 or because of any order passed by appropriate official and so on.

The planning of GSTR 9 is a diligent procedure and requires great automated answers for avoiding manual errors. IRIS GST is a main GST Suvidha Provider (GSP) giving simple and effective answers for GST (IRIS Sapphire) and E-way bills (IRIS Topaz) compliance.

Reach out to Certicom Consulting for any queries.

 

Supply And Its Reporting In GSTR 9 Annual Return Filing

What will be the divulgence for Supply without thought in the Annual Return Filing?

When all is said in done, Supply without thought does not draw in GST arrangements. Because of which it is likewise not required to be accounted for in Annual return.

Be that as it may, if these exchanges are canvassed in the Schedule I of the CGST/SGST Act, they will be unveiled in GSTR 1 of the pertinent period. Detailing in GSTR 1 will likewise draw in concurrent revealing in Annual return GSTR 9.

There are some inaccurate supplies revealed by merchants however showing up in Form GSTR-2A. Do we have to reject it while documenting Annual Return?

Under Part III requires divulgence of certain extra subtleties, which analyzes the credit detailed under Sl.No.6(B). The qualities revealed in Form GSTR-2A which are inaccurate and not relating to the Assessee, can be diminished under Sl.No.8(F) since the equivalent isn’t a credit which can be benefited by the Assessee.

How jumble between turnover revealed in the Form GSTR-1 and Form GSTR-3B be accounted for in yearly return?

The expectation of the Annual return is to give a rundown of exchanges detailed in the month to month returns, for example,

. Supplies on which yield impose is paid/payable

. Expense exception guaranteed/considered as Zero-appraised

. Info impose credit profited and switched

Give us a chance to think about three conceivable circumstances

. Outward supplies revealed in Form GSTR-3B however not announced in Form GSTR-1:

To consider values announced in Form GSTR-3B and furthermore the subtleties of installment (assuming any) future revealed in Table 9 of the Annual Return

Outward supplies detailed in Form GSTR-1 yet not revealed in Form GSTR-3B:

To consider esteem announced in Form GSTR-1 and furthermore the subtleties of duty payable (assuming any) eventual revealed in Table 9 of the Annual Return. Be that as it may, if such exchange is incorporated into Form GSTR-3B of the ensuing budgetary year, the equivalent might be prohibited in the Annual Return to be petitioned for the consequent money related year so that there is no duplication/revealing of same exchange in yearly returns of two years

. Crisscross in qualities announced in Form GSTR-3B and Form GSTR-1:

To think about the right an incentive to report in Annual Return. Abundance/short installment would get caught in Table 9 of the Annual Return. It is additionally proposed to redress the

annual return filing

What should be incorporated into the Annual return as far as “Non GST Supply”. The subtleties ought to be same as periodical returns or can be changed?

Non GST supply are the exchanges on which Goods and Service Tax arrangements are not relevant. There are to be specific two supplies which are still outside the domain of GST,

. Alcoholic items

. Oil based goods

Since, the equivalent does not draw in GST there is no obligation as to revealing or divulgence identifying with these two items under GST law.

Wherein, now and then it is seen that individuals frequently misconstrue plan III exchanges i.e. neither supply of products nor supply of administrations exchanges additionally as Non GST supply, which is totally off-base. Neither supply of products Nor supply of administrations exchanges and Non GST supply are two distinct terms and have diverse medicines.

No Supply exchanges are required to be unveiled in essential structures GSTR 3B or GSTR 1 according to guidance to table 5D, 5E and 5F. Be that as it may, recommended way is if a taxfiler has uncovered this thing in periodical returns for the current budgetary year or as an end-result of the long stretch of Sep in next monetary year, at that point, will likewise reveal them in Annual return (table 5F). Something else, can specifically report them in Audit Report or Reconciliation proclamation of 9C to be recorded in Dec.

Is detailing identifying with High Sea Sales, warehousing deal and merchanting deal should be done in the Annual Return?

There is no GST obligation as far as High Sea Sales, warehousing deal and merchanting deal. In any case, they are secured under Schedule III and subsequently are “No Supply” for which a detailing must be made in Table 5F of Annual Return (according to the ongoing correction brought into the arrangements of Goods and Service Tax Law).

The duty risk on outward supply missed to be pronounced upto March 2018 and furthermore till Sep one year from now in Form GSTR-1 and GSTR-3B. Would it be able to be appeared in the Annual Return?

In GSTR 9 yearly return supply is accounted for under,

Part II – exchanges effectively uncovered in periodical Goods and Service Tax Returns are accounted for here,

Part V – exchanges which have been proclaimed till the finish of September of the following monetary year i.e. Sep 2018 or the date of recording of Annual Return i.e. 31st Dec, whichever is prior, are accounted for.

Since, in the given situation revelation has not been in made in periodical returns. Neither in periodical GSTRs till Sep next monetary year. The equivalent can’t be accounted for in yearly return.

As a break subtleties can be appeared in compromise articulation to be field in review Form GSTR 9C.

Regardless of whether alteration of assessment risk not announced upto March 2018 in the Form GSTR-1 and Form GSTR-3B be made in one year from now? Will some divulgence be likewise required in yearly return?

Truly, A citizen whenever excluded to announce outward supply and assessment risk can along these lines demonstrate exchange in GSTR 1 and in this way make good on government expense obligation in GSTR 3B. Round No.26/2017 dated 29.12.2017 accommodates the equivalent.

Notwithstanding, when the exchange is jumped to be uncovered in the applicable Financial Year state FY 2017-18 and is appeared till the date of documenting yearly return. It will be accounted for in yearly come back to be petitioned for the equivalent monetary year i.e. in Part V of yearly profit to be petitioned for 31 Dec 2018.

Does GSTR-9 requires any divulgence to against profiteering?

There is no express revelation prerequisite as to report the measure of benefit made through enemy of profiteering exercises in GSTR 9 Form. Rather, yearly return has an essential segment of confirmation. Which requires enlisted individual to confirm that in the event of decrease in yield assess risk, the advantage thereof has been/will be passed on to the beneficiary of supply.

No inversion for basic info impose credits of assessable supply and exempted supply has been made for. Is any modification required be made in the Annual Return?

Yearly return recommends exposure of genuine inversions made in GSTR 3B. In the event that inversions relating to FY 2017-18 have been made till Sep 2018, the equivalent will properly shape some portion of yearly come back to be recorded till Dec 2018. Be that as it may, if the alteration is given impact whenever later. It will be unveiled under Annual Return of one year from now i.e. FY 2018-19 to be documented till Dec 2019.

Supply has been made to vendor exporter by charging GST @ 0.1%. Is it required to be revealed in the Annual Return?

For maker exporter such supply are in the idea of esteemed fares and must be unveiled in table 4 (E) of the Annual Return.

Regardless of whether Annual Return Requires revelation on the off chance that I have not announced exempted supply, Non GST supply and Nil evaluated supply in the month to month returns?

Table 5 of the Annual Return manages revelation of such supplies. despite the fact that the heading of Table 5 accommodates exposure of “Subtleties of Outward supplies on which charge isn’t payable as announced in returns documented amid the monetary year”, however thinking about the reason for the Annual Return, it is recommended that all exchanges relating to the earlier year ought to be accounted for in the Annual Return regardless of whether such subtleties have been appeared in the periodical Return as the yearly return would later be considered as the reason for arrangement and recording of the Reconciliation proclamation.

Is input impose credits required to be distinguished and announced as cost in the Annual Return?

Yearly return does not accommodate classification of info impose credit under different cost heads. The necessity to report credit benefited against different cost heads is required to be accounted for in Form GSTR-9C

Express the way to uncover year end Provision made on unmerited salary in the Annual Return?

Arrangement for unmerited salary isn’t in the idea of supply. Or maybe, it is a compromise thing. Henceforth, will be uncovered in review report frame GSTR 9C and not to be accounted for in yearly return GSTR 9.

How in part balanced advances will be accounted for in the Annual Return?

In the event that there is an obligation to pay GST on development got, the said development to the degree staying unadjusted (i.e. in regard of which supply has not been made in the FY) must be revealed in the Table 4F.

Does Annual Return require detailing of risk on advances got on supply?

Table 4F requires revelation of advances in regard of which charge is payable on receipt of such development and receipt has not been issued in the FY. As there is no risk on the advances got towards supply of merchandise, there is no divulgence necessity of such advances in the Annual Return. In any case, if the advances have been gotten in the period when there was obligation settle government expense on advances got towards the merchandise likewise and receipt has not been issued in the FY, the equivalent must be uncovered in the Annual Return in Table 4F.

On the off chance that Supplies to an enrolled people have been revealed as B2C supplies. Would it be able to be revised in Annual Return?

Amendment can be made just in Form GSTR-1 preceding the due date of outfitting the arrival for the long stretch of September. Thus, the difference in the idea of exchanges from B2C supply to B2B supply must be made in the GSTR-1. In the Annual Return, the supply ought to be revealed under the fitting head at the gross sum and change ought to be appeared in the revision table.

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