Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

EXTENSION OF DUE DATES AND SOME PRECAUTIONS TO BE TAKEN IN THE AMID OF CORONA IN GST

EXTENSION OF DUE DATES AND SOME PRECAUTIONS TO BE TAKEN IN THE AMID OF CORONA IN GST

Union Finance Minister Nirmala Sitharaman yesterday announced various statutory and regulatory compliance relief measures amid a complete shutdown almost all over the country to control the spread of the highly contagious coronavirus or Covid-19 infection. All the due date for issue of notice, notification, approval order, sanction order, filing of appeal, furnishing of return, statements, applications, reports, any other documents, time limit for any compliance under the GST laws where the time limit is expiring between 20th March 2020 to 29th June 2020 shall be extended to 30th June 2020.

 Let’s discuss the compliances that need mandatorily to be done by 30th June, 2020.

1.      Application of LUT for export of goods or services without payment of IGST for the FY 2020-21-In terms of rule 96A of CGST Rules, 2017 , any registered person availing the option to supply goods or services for export without payment of IGST shall furnish, prior to export, a bond or a LUT in Form GST RFD-11. Such LUT shall be valid for the whole financial year. For the Financial Year 2020-21 facility to upload the same has been enabled on GSTN portal as well. But from above, it is not clear whether its date is also extended till 30.6.2020.

2.      Opting for Composition Scheme for FY 2020-21-In terms of rule 3(3) of CGST Rules any normal registered taxpayer who is opting to pay tax under sec 10 of CGST Act shall electronically file intimation in Form GST CMP-02, duly signed or verified through electronic verification code, on the common portal, either directly or through a Facilitation Centre notified by the Commissioner, prior to the commencement of the financial year. In terms of sec 18(4) of the CGST Act, the registered person opting to pay tax under composition scheme is required to pay an amount equal to the input tax credit in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date of exercise of option. Hence, the extension of date of option to composition scheme is welcome step. There are certain points to be remembered. Firstly, those who had opted last year for composition scheme need not to opt again for this scheme. But the person coming from normal levy can opt upto 30.6.2020 but they should start issuing under this scheme from 1.4.2020. Hence, the reversal can be done upto 30.6.2020. The person who is opting out of composition scheme has to claim the credit on stock.

3.      Banking company to opt for 50% straight forward credit- As per section 17(4) of the CGST Act, banking companies or financial institutions including a non-banking financial companies, engaged in supplying services by way of accepting deposits, extending loans or advances shall have the option to either: (i) comply with the provisions of section 17(2) i.e. amount of credit shall be restricted to so much of the input tax as is attributable to the said taxable supplies including zero-rated supplies; or (ii) avail of, every month, an amount equal to fifty per cent of the eligible input tax credit on inputs, capital goods and input services in that month and the rest shall lapse However, this option is to be availed at the beginning of the financial year and once either of the option is exercised, it shall not be withdrawn during the remaining part of the financial year. The option can be opted till 30th June, 2020 now.

4.      Option to a supplier of service in relation to the purchase or sale of foreign currency, including money changing-For the purpose of valuation, a supplier of services in relation to the purchase or sale of foreign currency, including money changing, has two options of valuation of their services and it needs to be taken at the beginning of the financial year, The option can be opted till 30th June, 2020 now.

5.    Extending the due dates for filing of TRAN-1 & 2
- The due dates have been extended to March 31, 2020, to April 30, 2020, for furnishing Form TRAN-1 & TRAN-2 by the registered taxpayers via Notification No. 02/2020 – Central Tax dated January 1, 2020. Now the taxpayers can file TRAN 1 and TRAN  2 before 30th June,2020 whose cases are recommended by GST council or not able to file these returns due to technical glitches on portal. But the demand of assessee to allow filing to those assessee who have not filed TRAN-1 and TRAN-2 has not accepted by the department inspite of number of favourable decisions from High Courts.

6.      Payment under Sabka Vishwas scheme- Payment date under Sabka Vishwas Scheme shall be extended to 30th June, 2020. No interest for this period shall be charged if paid by 30th June, 2020. The option for the scheme ended on 15.1.2020. Though the Finance minister message in Media gave an impression that date is extended to 30.6.2020. But this is not the case. The payment date under the scheme was one month from the date of issue of SVLDRS-3 but it was unofficially extended to 31.3.2020. This is confirmed from the fact that those who have not paid the amount, the extended date of 31.3.2020 was shown on portal. Now this date of payment is extended to 30.6.2020 without any interest or penalty.

7.      Extension of issuance of Advance Authorisation license – An authorization is valid for 12 months for procurement of inputs, i.e. goods must be procured within 12 months from the date of issue of authorization. Further the export of finished goods must be completed within 18 months from date of issue of Authorisation. If the EPCG license or advance authorisation license validity is expiring between the period from 20th March 2020 to 29th June 2020, then the time for extension for validity shall be started from 30th June 2020. But it is told that this will be extended on case to case basis. But it will give rise to corruption. Hence, it is requested that it should be extended in each case.
 
8.      Extension of limitation period:Supreme Court passes order extending period of limitation under all Central and State Acts with effect from 15th March, 2020 to till further orders. Supreme Court exercises its power under Article 142 to declare it as law. To obviate difficulties caused by CoronaVirus in filing petitions/ applications/ suits/ appeals/ all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State) , it is ordered that the period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws, whether condonable or not, shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings. Order is being forwarded separately.
   
9.      In a further development, cases of very urgent nature is being heard by Apex Court as well as High Courts through video confercing.In the same manner, it is requested, important issues like hearing in cases where bank accounts are attached or goods are seized or submission of statement in case audit of risky exporters should be done by digital mode. The priority can be fixed but it can be done authorities through video conferencing or through digital mode. Even the hearing in CESTAT and other appellate authority in cases of urgent nature or having high stake can be heard online.
 
10.Extension of hearing of appeals, deposition of documents against any appeal , notice etc, reply to all the orders- Due date for issue of notice, notification, approval order, sanction order, filing of appeal, furnishing of return, statements, applications, reports, any other documents, time limit for any compliance under the GST laws where the time limit is expiring between 20th March 2020 to 29th June 2020 shall be extended to 30th June 2020. Eg, If the reply of appeal to CESTAT has to be filed till 20th May,2020, then the same reply can be filed now till 30th June,2020.

 
You can reach us at www.capradeepjain.com, at our facebook page on https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/as well as follow us on twitter at https://www.twitter.com/@capradeepjain21.

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com