Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

GST UPDATE ON ANNUAL RETURN COMPLIANCE-PART-3

GST UPDATE ON ANNUAL RETURN COMPLIANCE-PART-3
GST UPDATE ON ANNUAL RETURN COMPLIANCE-PART-3
 
In earlier update, we discussed about the details to be filled in serial no. 4B “Supplies made to registered persons (B2B)” of Part-II of the Annual Return requiring the details of advance, inward and outward supplies on which tax is payable as declared in returns filed during the financial year. In the present update, we seek to discuss on the details required to be filed with respect to Inward Supplies on which tax is to be paid on reverse charge under serial no. 4G of the Annual Return.
 
As we all know that under GST regime, the assessee is required to pay GST under reverse charge mechanism under two sections, section 9(3) specifying goods or services under on which reverse charge is applicable and section 9(4) pertaining to supplies from un-registered persons. It is worth noting that the reverse charge mechanism under section 9(4) of the CGST Act, 2017 was deferred vide notification no. 38/2017-Central Tax (Rate) dated 13.10.2017 and so the reverse charge on account of inward supplies from un-registered persons was in operation from 1.7.2017 to 12.10.2017 subject to limit of Rs. 5,000/- per day. Therefore, while filing annual return, the assessee is required to compute their liability properly under both the sections and if GST has not been paid on the transactions attracting reverse charge mechanism, the said GST is required to be paid vide DRC-03 in cash. It is also pertinent to mention that the GST paid vide DRC-03 with respect to reverse charge mechanism would become cost to assessee as the input tax credit would not be admissible to the assessee for the same.
 
The reporting of transactions relating to reverse charge mechanism would effect liability and input tax credit simultaneously which point needs to be taken care of particularly. We hereby discuss different situations and their reporting from the perspective of filing annual return:-
 
 
Situation No. 1:-
RCM Liability for the month of Discharged in GSTR-3B for the month of Whether input tax credit admissible? Input Tax Credit availed in the GSTR-3B for the month of
October, 2017
Amount-Rs. 1,75,000/-
March, 2018 Yes March, 2018
Amount-Rs. 1,75,000/-
 
The reporting of the above transaction in annual return will be as follows:-
The RCM liability will be reported in Table 4G as Rs. 1,75,000/-
The input tax credit availed will be reported in Table 6C/6D as Rs. 1,75,000/-.
Situation No. 2
RCM Liability for the month of Discharged in GSTR-3B for the month of Whether input tax credit admissible? Input Tax Credit availed in the GSTR-3B for the month of
October, 2017
Amount-Rs. 1,75,000/-
Rs. 1,00,000/- was discharged in March, 2018.
Balance liability of Rs. 75,000/- was discharged in May, 2018.
Yes ITC of Rs. 1,00,000 taken in March, 2018
Balance ITC of Rs. 75,000/- taken in May, 2018
 
In the annual return, we are suppose to reflect transactions pertaining to financial year 2017-18 given effect for in returns filed during 2018-19 separately. Therefore, the reporting under the above situation will be as follows:-
The RCM liability of Rs. 1,00,000/- will be reported in table 4G while the balance liability of Rs. 75,000/- will be reported in table 10 of the annual return.
Similarly, the ITC availment of Rs. 1,00,000/- will be reported in table 6C/6D while the balance ITC availment will be reported in table 13 of the annual return.
 
Situation No. 3
RCM Liability for the month of Discharged in GSTR-3B for the month of Whether input tax credit admissible? Input Tax Credit availed in the GSTR-3B for the month of
October, 2017
Amount-Rs. 1,75,000/-
Not discharged till date Yes Not availed till date
 
The amount of Rs. 1,75,000/- required to be discharged under reverse charge mechanism but not paid till date by the assessee will have to be reflected in table 4G of annual return and will have to be paid vide DRC-03. It is to be noted that the assessee will not be able to take input tax credit even if the same is admissible as no claim for input tax credit can be made through filing of annual return. 
 
It is submitted that during the initial stages of implementation of GST regime, there was confusion as regards availability of input tax credit paid under reverse charge mechanism in the same month and consequently, there are cases wherein GST was paid under reverse charge mechanism but the input tax credit was claimed in subsequent months. In such cases, there will be change in the reporting mechanism as discussed in the above situations. For the sake of clarity, we explain the scenario by way of following situation:-
 
 
RCM Liability for the month of Discharged in GSTR-3B for the month of Whether input tax credit admissible? Input Tax Credit availed in the GSTR-3B for the month of
October, 2017
Amount-Rs. 1,75,000/-
Rs. 1,75,000/- was discharged in November, 2018. Yes ITC of Rs. 1,00,000 taken in January, 2018
Balance ITC of Rs. 75,000/- taken in April, 2018
 
The RCM liability will be reported in Table 4G as Rs. 1,75,000/-
The input tax credit availed will be reported in Table 6C/6D as Rs. 1,00,000/- whereas the balance input tax credit availed in April, 2018 (next financial year) will be reported in table 13 of the annual return.
 
The points as regards other aspects in filing annual return will be discussed in our next update.
This is solely for the educational purpose.
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