Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

GST Update No 301 on provisions applicable w.e.f. 01.10.2022

GST Update No 301 on provisions applicable w.e.f. 01.10.2022
The amendments to various provisions of the CGST Act, 2017 have been carried out by the Finance Act, 2022, wherein provisions contained in section 100 to 114 have been made effective from 01.10.2022 vide Notification No. 18/2022-Central tax dated 28.09.2022. However, it is pertinent to note that amendment vide Section 110 and 111 of Finance Act, 2022 related to transfer of balance of cash ledger to distinct persons and interest as per Section 50 of CGST Act, 2017 respectively are already in force with effect from 05.07.2022. The present update is in-depth analysis of the changes notified w.e.f. 01.10.2022 vide the above referred notification.
The key takeaways of the amendments are as follows: -
1. Section 16(4) and Section 34(2) of CGST Act, 2017: The time limit for availing input tax credit as prescribed under section 16(4) of CGST Act, 2017 is extended vide amendment under Section 100 of Finance Act, 2022 upto 30th November of the following
Financial Year to which the invoice or debit note pertains. It is worth mentioning that earlier the time limit was due date of filing of return for the month of September i.e. 20th October in case of Section 16(4). Furthermore, the time limit for issuance of credit notes by the registered person in relation to supply of goods or services or both also stands extended vide Section 102 of CGST Act, 2017 upto 30th November of following Financial Year is which such supply is made. Earlier, the time limit in case of Section 34(2) of CGST Act, 2017 for credit notes, was not later than September following the Financial Year in which supply was made or date of furnishing of relevant annual return, whichever is earlier. The extended time limits are welcomed by trade and industry since now additional time is available to them.
However, this also raised question in the minds of the taxpayers such as whether the extended time limits are applicable for Financial Year 21-22 as well or is it applicable for Financial Year 22-23 onwards? It may be contended that since the extension provision is notified w.e.f. 01.10.2022, when the time limit for claiming input tax credit under section 16(4) of CGST Act, 2017 has not expired, hence the amendment will apply for availing ITC for the financial year 2021-22 also.
However, as regards credit notes for the financial year 2021-22 is concerned, it is submitted that since the date of declaration of such credit note in the return is upto September following the end of the financial year in which such supply was made or the date of furnishing of the relevant annual return, whichever is earlier, the said time period stands expired on the applicability of the amendment. Therefore, it is disputable as to whether the extended time limit with respect to declaration of credit notes is applicable for the financial year 2021-22.
2. Section 29(2) of CGST Act, 2017: The said Section is amended vide Section 101 of Finance Act, 2022 wherein it is prescribed that the proper officer may cancel the registration of a person from such date including the retrospective date in case the registered person paying tax under section 10 (composition scheme) has not
furnished the return for a financial year beyond three months from the due date of furnishing the said return. Earlier, the provision was that registration was cancelled if return for three consecutive tax periods was not furnished by the taxpayer. However, as the annual return has been introduced for composition taxpayers, consequential amendment is made. Moreover, in case of normal taxpayers, the registration would be cancelled if returns have not been furnished for such continuous tax period as may be prescribed. Earlier, it was “continuous period of six months”. This has been done with the purpose to provide flexibility to the government to specify the period of default in furnishing returns so as to cancel the GST registration of the taxpayer by way of insertion of new sub-rule (h) in Rule 21 of the CGST Rules, 2017 vide Notification No. 19/2022-Central Tax dated 28.09.2022. Hence, the government will have liberty to reduce the said period by merely amending the Rule 21(h) of the CGST Rules, 2917. The taxpayers need to exercise carefulness and be more vigilant in complying with requirement of filing returns in view of these strict provisions.3. Section 37 and 39 of CGST Act, 2017: The Section 37 and 39 is amended vide Section 103 and 105 of Finance Act, 2022 respectively wherein it is prescribed that sequential filing of details of outward supplies in GSTR-1 and to specify that GSTR-3B can only be filed only in case GSTR-1 of the relevant tax period has been filed by the taxpayer. Further, it is stated that the time limit for rectification of errors furnished in GSTR-1 is extended upto 30th November of following Financial Year instead of due date of return for the month of September i.e. 20th October. This has proved to be an added advantage for the taxpayers since now additional period of one month is available to them. This was done to synchronise and streamline the last date of all the compliances to be 30th November.
4. Section 38 of CGST Act, 2017: As per the revised Section 38 of CGST Act, 2017 as amended vide Section 104 of Finance Act, 2022 it is prescribed that an auto-generated statement having details of input tax credit shall be made available electronically to the recipient in such form and manner as prescribed. Hence, a two-way communication process is now eliminated. In this respect, it is
stated that the auto generated statement shall comprise of details of ITC available to the recipient and the details of supplies in respect of which credit cannot be availed. The details of supplies for which ITC would not be available if the said supplies are furnished :-
• By any registered person within such period of taking registration as may be prescribed; or
• By any registered person who has defaulted in payment of tax and where such default has continued for such period as may be prescribed; or
• By any registered person where the outward supplies as shown in GSTR-1 are more as compared to GSTR-3B
• By any registered person where the input tax credit as shown in GSTR-3B are more as reflected in GSTR-2B.
• By any registered person where Rule 86B is not complied with i.e. the output tax of 1% is not paid in cash
From the above it is crystal clear that the exercise of taxpayers will now increase regarding claiming of input tax credit as reflected in GSTR-2B.5. Section 41 of CGST Act, 2017: It is prescribed vide amendment under Section 106 of Finance Act, 2022 that the concept of “claim” of eligible input tax credit on “provisional” basis is eliminated. The input tax credit to be availed on self-assessment basis subject to certain conditions and restrictions which are yet to be notified. It is also stated that where supplier has not paid the tax to the government, ITC will have to be reversed by the recipient which can be re-availed later on if the supplier discharges the tax liability to the government. The said provision is draconian since it will now encourage the department to pursue recipients to reverse the credit even when the primary responsibility to pay tax is on the supplier.
6. Section 42, 43, 43A of CGST Act, 2017: Amendment is made vide Section 107 of Finance Act, 2022 wherein it is prescribed that matching, reversal and reclaim of input tax credit is omitted so as to do away with the two-way communication process in return filing.
7. Section 47 of CGST Act, 2017: The section is amended vide Section
108 of Finance Act, 2022, wherein it is prescribed that now late fee shall be levied for delayed filing of TCS return of Rs. 100/- for everyday for which default continues subject to maximum of Rs. 5000/-.
8. Section 52(6) of CGST Act, 2017: Amendment is made vide Section 112 of Finance Act, 2022 wherein it is prescribed that now the GSTR-8 filed by E-commerce Operator can be done upto 30th November of the following Financial Year instead of due date of return for the month of September i.e. 20th October.
9. Section 54 of CGST Act, 2017: This amendment is made vide Section 113 of Finance Act, 2022 wherein the time limit for availment of refund of tax paid on inward supplies by the UNOs or the embassies is extended to two years from the last date of the quarter in which the supply is received. Furthermore, the scope of withholding or recovery of refunds is also extended and clarity is provided regarding relevant date for filing of refund in respect of supplies made to SEZ.
10. Section 168 of CGST Act, 2017: The said section is amended videSection 114 of Finance Act, 2022 which is related to power to issue instructions or directions. Reference of Section 38(2) of the CGST Act, 2017 is omitted as two way matching concept is dispensed with.
The above amendments will be effective from 01.10.2022 in the CGST Act, 2017
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