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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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GST Update on Notification Issued by Government on 31 December

GST Update on Notification Issued by Government on 31 December

The gist of the notifications issued by the government on 31st December 2018 in the central tax non tariff head is as following:
• Notification No. 67/2018- Central Tax dated 31st December 2018 Persons who did not file the complete FORM GST REG26 of the Central Goods and Services Tax Rules, 2017 but received only a Provisional Identification Number (PID) till the 31st December, 2017 can apply for Goods and Services Tax Identification Number (GSTIN). 
The details to be given as mentioned in Notification No.31/2018 dated 6th August 2018 were to be furnished by such taxpayers to the jurisdictional nodal officer of the Central Government or State Government on or before the 31st August, 2018 which has now been extended till 31st January 2019.
Moreover, after receipt of new GSTIN, such taxpayers were required to furnish the certain details to GSTN by email, on or before the 30th September, 2018. This information is now to be sent by 28th February, 2019.
• Notification no. 68/2018-Central Tax Dated 31st December, 2018; 69/2018-Central Tax dated 31st December,2018; 70/2018-Central Tax dated 31st December,2018 
Government seeks to extend the time limit of filing returns for the taxpayers who have migrated under GST as per Notification 31/2018 Central Tax dated 6th August, 2018. Accordingly after completing the registration process as specified in the above notification such taxpayers are now required to file GSTR-3B for period July 2017 to February 2019 on or before 31st March, 2019.

• Notification no. 71/2018-Central Tax Dated 31St December ,2018; 72/2018-Central Tax dated 31St December ,2018 
Government seeks to extend time limit for filing returns by taxpayers who have migrated under GST as per Notification 31/2018 Central Tax dated 6th August, 2018. The above notification deals with taxpayers who were not issued GSTN till 31st December, 2017. Accordingly after completing the registration process as specified in the above notification such taxpayers are now required to file GSTR-1 for the period July 2017 to December 2018 on or before 31st March, 2019.

• Notification No. 73/2018 –Central Tax dated 31st December 2018 Central Government seeks to amend principal notification no. 50/2018 Central Tax dated 13th September, 2018. As per this notification the provisions of TDS (Tax Deducted at Source) shall not be applicable to the supply of goods or services that takes place between one person to another person as specified under clause (a), (b),(c) & (d) of sub section (1) of Section 51 of CGST Act,2017. Thus the following classes of persons have been exempted from the applicability of TDS provisions where the supply of goods and services are undertaken amongst each other:

(a) a department or establishment of the Central Government or State Government; or

(b) local authority; or

(c) Governmental agencies; or

(d) such persons or category of persons as may be notified by the Government on the recommendations of the Council.

• Notification 75/2018-Central Tax dated 31st December 2018 Government seeks to waive the late fees payable on non filing of FORM GSTR-1 for the month/quarters July,2017 to September,2018. Late fees shall be waived only on the condition that the details in FORM GSTR-1 is furnished between the period 22nd December 2018 to 31st March, 2019. This is inserted by way of provision.

• Notification 76/2018-Central Tax dated 31st December 2018 Government seeks to waive the late fees payable on non filing of FORM GSTR-3B for the months July, 2017 to September,2018. Late fees shall be waived only on the condition that the details in FORM GSTR-3B is furnished between the period 22nd December 2018 to 31st March, 2019.

• Notification 77/2018-Central Tax dated 31st December 2018 Government seeks to waive the late fees payable on non filing of FORM GSTR-4 (for composition dealers) for the quarters from July,2017 to September,2018. The late fees shall be waived only on the condition that the details in FORM GSTR-4 is to be furnished between the period 22nd December 2018 to 31st March, 2019.

• Notification 78/2018-Central Tax dated 31st December 2018 
Central Government seeks to extend the time limit of furnishing Form ITC-04. ITC-04 contains the details regarding the goods dispatched to a job worker and received from a job worker. The time limit of furnishing ITC-04 for the period July 2017 to December 2018 has been extended to 31st March 2019.


This is solely for the educational purpose.

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