First of all, it is important to understand that e-invoice is not applicable for all registered persons under GST. The categories of person on whom e-invoice is not applicable are as follows:

• Banks, Insurance Companies, and Financial Institutions including but not limited to NBFCs
• Goods Transport Agency
• Passenger Transport Services
• Supplier of Services by way of admission to the exhibition of films.
• Special Economic Zones (SEZ) Units (E-invoicing is applicable to Economic Zone Developers)
• A government department and Local authority
• OIDAR i.e. person supplying online information and database access or retrieval services from a place outside India to a non-taxable online recipient

Therefore, all persons either issue B2C invoices or they fall in the above-mentioned categories, are exempted from e-invoice.

E-invoice has been implemented phase-wise for reporting B2B invoices. Only the large businesses were targeted initially to start with the e-invoice system, and gradually, in a phased manner, smaller businesses have been brought into its scope by reducing the turnover limit.

The applicability of e-invoice based on the turnover has been given below:

Therefore, w.e.f. 1^st August 2023, all businesses with annual turnover exceeding five crore rupees shall mandatorily issue e-invoice. Further, it should be noted that turnover for the purpose of determining the eligibility of e-invoice means turnover of all GSTINs under a single PAN for any of the financial years from 2017-18 onwards.

If the applicable provisions for e-invoice are violated, two types of penalties may be levied:

• Penalty for failure to create an e-invoice: If a person to whom e-invoice applies, fails to generate an e-invoice, the penalty would be equal to either 100% of the tax owed on the supply or Rs. 10,000, whichever is greater.
• Penalty for incorrect e-invoice: If an e-invoice is created improperly, penalty equal to Rs. 25,000 per invoice shall be levied.

With the increasing litigation under GST, various notices are being issued levying penalty for non-compliance of e-invoice provisions. Hence, it is important to check the eligibility criteria and turnover threshold to determine whether e-invoice is eligible to a person or not for the period under dispute.

Also read our other articles:

https://gstplatform.com/gst-return-revision/

https://gstplatform.com/no-itc-reversal-for-gstr2a-mismatch-says-supreme-court/

https://gstplatform.com/return-filing-cannot-be-denied-at-any-cost-says-high-court/

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Section 128 of Finance Act 2020 is as follows :

Read Also : New TDS rates from 14.05.2020

In section 140 of the Central Goods and Services Tax Act, with effect from the 1st
day of July, 2017,—
(a) in sub-section (1), after the words “existing law”, the words “within such time and” shall be inserted and shall be deemed to have been inserted;

(b) in sub-section (2), after the words “appointed day”, the words “within such time and” shall be inserted and shall be deemed to have been inserted;

(c) in sub-section (3), for the words “goods held in stock on the appointed day subject to”, the words “goods held in stock on the appointed day, within such time and in such manner as may be prescribed, subject to” shall be substituted and shall be deemed to have been substituted;

(d) in sub-section (5), for the words “existing law”, the words “existing law, within such time and in such manner as may be prescribed” shall be substituted and shall be deemed to have been substituted;

(e) in sub-section (6), for the words “goods held in stock on the appointed day subject to”, the words “goods held in stock on the appointed day, within such time and in such manner as may be prescribed, subject to” shall be substituted and shall be deemed to have been substituted;

(f) in sub-section (7), for the words “credit under this Act even if”, the words “credit under this Act, within such time and in such manner as may be prescribed, even if” shall be substituted and shall be deemed to have been substituted;

(g) in sub-section (8), for the words “in such manner”, the words “within such time and in such manner” shall be substituted and shall be deemed to have been substituted;

(h) in sub-section (9), for the words “credit can be reclaimed subject to”, the words “credit can be reclaimed within such time and in such manner as may be prescribed, subject to” shall be substituted and shall be deemed to have been substituted.

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CBIC has issued various notifications on 05.05.2020.Due date for GSTR9 and GSTR9C for FY 2018-19 has been extended. 

Read Also : RBI relief measures 

Eway bill expiry has been extended till 31.05.2020.

Full Details here : 

Notification

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Changes in Rule 36(4) 

The limit for taking input tax credit on eligible invoices the details of which has not been uploaded by supplier has been reduced from 20% to 10% . Now only 10% ITC of uploaded invoices will be allowed for not uploaded invoices.

This provision will be applicable from 01.01.2020.Invoices on or after 01.01.2020 would be covered under this new rule.

New Rule 86A- Conditions for utilizing Input Tax Credit

The proper officer may restrict the facility of utilizing your credit available in Electronic Credit Ledger if

1. The credit has been taken without actual receipt of goods or services.

2. The supplier is found to be non existent from any place of business for which GST registration is taken by him.

3. The recipient is found to be non existent from any place of business for which registration is taken.

4. The tax in respect of such invoices has not been paid to the government .

5. The invoices on the basis of which Credit has been claimed is not in possession of the person claiming such credit.

Read Also : CBIC Notifications for Changes

Upon hearing if you satisfy the officer that conditions as specified above are no longer valid, he may allow the use of such amount in credit ledger.

The facility to utilize the credit will be initiated after the expiry of one year from the date of such restriction

Read Also : ITC FORMS IN GST

Changes in GST Waybill Rules

In rule 138(E) , earlier only GSTR3B is required to be filed by the taxpayers for generating waybill. Now this condition has been extended. Now If GSTR3B or GSTR1 are not filed for two consecutive tax periods waybill shall be blocked.

In short, GSTR3B and GSTR1 must be filed for the generation of waybill from the GST portal.

Late fees waiver and levy on GSTR1

As a one time measure, if your GSTR1 has not been filed for any tax period from July 17 to November 2019, you can file GSTR1 from 19.12.2019 to  10.01.2020 without any late fees.

After 10.01.2020 , late fees shall be applicable for filing late GSTR1 . Amount of late fees will be Rs 50 or 20 per day subject to maximum of 10000 as the case may be.

Quoting of DIN mandatory

CBIC has made it mandatory for quoting DIN on every communication, notices, summons etc issued to you the tax officers including emails communication .

This is done to maintain record and audit trail of the communications and validate authenticity of such notices, summons etc.

GST E Invoice

GST E invoices will be mandatory for you from April 2020 if your turnover exceeds 100 Crores for B2B transactions.

If turnover exceeds 500 Crores printing of QR Code will also be required on invoices.

Read Also : GST NEW RETURN 

GSTR9 and GSTR9C date extension

The due date to file GSTR-9 , GSTR-9C , GSTR-9A for FY 21017-18 has been extended till 31.01.2020 and for FY 2018-19 till 31.03.2020.

CHANGE IN POLICY FOR NON FILERS

To improve the compliance , CBIC has issued SOP for filing of GSTR-3B. As per the procedure :

• A system generated SMS will be sent to the you for reminding to file GSTR-3B  3 days before the due date.

• Immediately after the due date is passed if you failed to file GSTR-3B , SMS will be sent again to remind you of non filing.

• After 5 days of passing of due date , GSTR-3A notice will be issued requiring to file GSTR-3B within 15 days of GSTR-3A notice.

• If you failed to file return within 15 days , proper officer will assess your tax on Best Judgement basis taking into account the details in GSTR1 , Waybill , etc.

• The order will be issued in GST ASMT 13 and summary will be uploaded in DRC07

• If you file the valid return within 30 days of such order the proceedings will be deemed to be concluded.

• If you failed to file the returns even after 30 days , recovery proceedings will be initiated against you as per the provisions of Act.

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GST E Invoices are going to be implemented in GST from April 2020.

The government has already notified the persons having turnover more than 100 crores as the class of person who shall make GST invoices electronically.

GSTN has come out with several Myths and Facts about the GST E Invoices.

Myth : Whether E Invoices is mandatory for all types of transactions.

Reality : No, At the present stage E invoices is required only for B2B transactions.

Myth : Whether E Invoice will increase the compliance for dealers.

Reality : On the Contrary , E invoices will reduce the compliance. Reporting of E Invoices will auto fill details in GST ANX 1 and GST ANX 2 and waybill.

Myth : GST E invoices will be issued through GST Portal.

Reality : GST E invoice shall be issued in the same manner currently. IRN for each invoice is required to be generated from billing software . 

Myth : Generation of IRN will take several minutes and would affect my business.

Reality : IRP Portal would assign the IRN in sub 100 milliseconds . More than 1 IRP will be operational.

Read Also : Big Changes In GST Invoices 

Myth : E Invoice cannot be issued without using software and ERP.

Reality : GSTN has already provided 8 free billing software for turnover upto 1.5 Crores . These software can be used for e invoices.

Myth : IRN would be the Invoice Number .

Reality : No , IRN will be a reference number . The invoice number would be same as provided in the invoice in the software.

Myth : Seperate invoice formats for different business.

Reality : Same format will be there for all business. The schema for invoice has fields some of which are mandatory and some are optional .

Myth : Existing billing softwares , erp would required changes for E Invoices.

Reality : No major change would be required at the dealers end . The software providers would require to introduce small changes at the backend.

Read Also : GST NEW RETURN RET 1

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Read Also : GST NEW RETURN FILING

The post CBIC ISSUED 5 NEW NOTIFICATIONS appeared first on GST Platform.

Grievance redressal committee will be constituted at state and zonal level to address the complains of taxpayers. This will comprise of CGST and SGST Officers along with representative of trade and industry and GST Practitioner, GSTN officers etc .

The due date for filing GST annual return in Form GSTR-9  and annual reconciliation statement in Form GSTR-9C for FY 17-18 has been extended till 31.01.2020 from 31.12.2019. For FY the due date for the same is 31.03.2020. The GST annual return and GST reconciliation statement is optional below 2 Crores.

Various measures will be taken to improve the filing of GSTR1 – Details of outward supplies :

A) The late fee would be waived of for filing GSTR1 from July 2017 to November 2019, if all the pending returns in form GSTR1 has been filed till 10.01.2020. After that late fees will be applicable for filing GSTR1.

B) Blocking of waybill to be implemented as per WAYBILL rules for not filing GSTR1 for two consecutive tax periods. Earlier, non-filing of GSTR3B was implemented for blocking of waybill. Thus , both GSTR1 and GSTR3B must be filed for previous two tax periods consecutively to generate waybill on the portal.

Input Tax Credit to the recipient in respect of invoices or debit notes which were not uploaded in GSTR2A shall be restricted to 10% of invoices that re uploaded. Currently, it is capped at 20% for such invoices.

Read Also : New ITC Rule 36(4) 

Read Also : Types of Registration Forms

The tax official will not allow the claim of input tax credit in case of fake invoices. The official can now block the input tax credit if it is claimed on the basis of fake invoices. For this suitable action will be taken by the tax officials for blocking fraudulently claimed itc on fake invoices.

A detailed operating procedure will be prescribed for the tax officers to take action against the non-filers of GSTR3B and suitable penalty and interest will be imposed on them  . This step will be in addition to blocking of waybill . In order to increase the compliance and increase the revenue CBIC will take these steps and laid down the procedures.

The due date for filing GST returns in Form GSTR3B , GSTR1 , GSTR7, GSTR8 for some of the districts of North East will be EXTENDED for November 2019 due to recent disturbances. Due date for filing GSTR1 and GSTR3B will be extended till 31.12.2019 and GSTR 7 and GSTR8 till 25.12.2019

The GST Council also approved many law related changes which will be brought in by amendments in GST Act in Union Budget 2020.

The GST Council also levied a single rate of 28% of Lotteries from 01.03.2020 for both categories such as State and Private Lotteries.

The GST Rate on woven and Non-Woven and sacks of polyethylene or polypropylene or the like having HSN code 3923/6305 has been increased from 12% to 18%.It shall be effective from 01.01.2020.

The GST Council also exempts the upfront amount payable for long term lease for industrial entity having 20% or more ownership of Central or State Government. Currently this limit is 50% . This change will be effective from 01.01.2020.

No waiver of late fees for filing GSTR-3B belatedly. Also,l there is no waiver for filing late GSTR-10 , Final returns which is required to filed upon cancellation of GST Number. The return must be filed within 90 days of cancellation order.

CLICK HERE TO DOWNLOAD THE PRESS RELEASE 

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Gst has undergone various changes since its inception. Some of the important and crucial new provisions  in GST are discuss  below for the benefits of taxpayers.

New provisions in GST one must know  includes changes in Input Tax Credit Rules , Gst Interest calculation , Gst waybill rules, GST Cancellation or suspension and Revocation of canceled GSTIN 

GST INPUT TAX CREDIT NEW RULE :

New rule 36(4) was inserted in CGST Rules from 09.10.2019 which prescribes that the Input Tax Credit shall not be allowed fully for invoices not uploaded. Every registered person shall be entitled to Input Tax Credit in respect of eligible invoices uploaded by supplier in GSTR1. In respect of eligible invoices Input Tax Credit shall be capped at 20 % of eligible invoices that had been uploaded in GSTR1.

In simple terms , full input tax credit will be allowed if 83.33% of eligible invoices had been uploaded .

For example – Suppose purchase has booked in accounts for Rs 100000 for Nov 19 and Eligible Input Tax Credit out of such amount is Rs 80000. Invoices uploaded in gstr 1 is only of Rs 50000. Now the itc for Nov 19 will be Rs 50000+20% of 80000 = 66000 instead of Rs 80000. Balance itc will be claimed in the period in which renaming invoices for covering 83.33% of Eligible Itc has been uploaded.

In order to calculate the amount of Input Tax Credit as per new rule , only TAX INVOICES and DEBIT NOTES shall be considered . Tax paid of Reverse charge basis , IGST on imports etc shall not be taken into consideration. Full ITC will be allowed in respect of these invoices .

The cut off date to reconcile the GSTR2A to calculate Input Tax Credit  shall be taken as the due date to file GSTR1 by the corresponding supplier.

Also Read : GSTRB FILING SMS FOR NOVEMBER 

Also Read : GST REGISTRATION LIMIT

GST INTEREST NEW CALCULATION.

Section 50 of CGST Act deals with the payment of interest on late payment of taxes or wrong utilization of input tax credit. The interest rate for late payment of tax shall be charged @18 % per annumn. The interest rate for wrong availment of itc shall be charged @24% Per annumn.

Earlier the interest was being charged on gross liability without giving the benefit of itc in case of delayed filing of gst returns. After the changes in Gst act , interest will be charged only in the amount debited from cash ledger except in case of Section 73,74.

GST WAYBILL RULES

The GSTIN of the registered person shall be blocked from generating the e waybill in gst portal it two consecutive gst returns has not filed. If the GSTR3B for consecutive two tax periods has not been filed by a registered person then Part A of Gst Ewb 01 will be blocked for such GSTIN . Neither supplier , purchaser or transporter can generate waybill on such GSTIN. To unblock the GSTIN  for waybill pending  GST Returns must be filed and unblocking will be done by GST Portal

GST SUSPENSION

The period from the date of application for cancellation till the date of cancellation order will be treated as suspended period. During the period for which Gstin was suspended no taxable supply shall be made and no tax shall be collected by such supplier. During suspension period Gst returns is not required to be filed for the gstin which is suspended. The liability upto the date application for cancellation shall remain intact even if gstin was canceled. The amount of tax , interest ,late fee leviable upto such date must be paid. If cancellation is approved then within 90 a final return must be final in Form Gstr-10.

To revoke the canceled gstin by the tax officer , application must be made in REG 21 after filing all the due gst returns. All returns upto the date of filing of revocation application must be filed. Any tax , interest , late fee due on such returns must be paid to get gstin restores by the department.

Gst registration changes.

For taking new gst registration , the bank account details is not required at the time of filing GST REG 01 online. The bank details shall be provided after registration has been granted and after first login. The option to file bank details will be provided as a non core field amendment . Registration can be taken online in GST Portal 

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GST E Invoices rules notified by CBIC

In a big bang change in GST invoicing method Central Board of Indirect Taxes has notified the rules for issuing GST E invoices. To tackle the menace of fake invoices in GST and input tax credit GST e invoices rules notified by CBIC. GST Invoice Format was already published by GSTN for suggestions.

The electronic generation of invoices will be optional from January 2020 and will be made mandatory from April 2020.To implement this change GST E invoices rules notified by Central Board of Indirect Taxes, CBIC.

Provisions relating to Invoices in GST.

Every registered person making any taxable supply of goods or services or both shall issue a Tax Invoice within the time prescribed under the law. The invoice has to be generated as per the prescribed format and containing particular as given in Rule 46 of CGST Rules.The new GST Invoice Format has already been published by GSTN.

Need for GST E invoices

Since, Input Tax Credit in GST plays a very important role, and many firms are claiming input tax credit on the basis of fake invoices. CBIC in order to tackle this issue has announced electronic generation of invoices.

Now, after a long discussion and releasing the formats and sample of invoices by GST, government has come out with the relevant notifications clearing the cloud on this matter.

Notification No 68/2019 dated 13-12-2019

This notification seeks to make necessary changes in CGST rules relating to invoices in GST. It specifies the class of registered persons to issue GST invoices in Form GST INV 01. This shall include the particulars as may be prescribed. The GST INV 01 shall be made through the Common portal as specified.

Any person who is liable to issue invoices electronically shall not issue any invoices in other modes. Any such invoices issued will be treated as invalid invoice.

Notification 69/2019 dated 13-12-2019

In this notification government has specified the common portal on which GST e invoices shall be made. Persons who are required to make electronic invoice shall use any of these portals :

www.einvoice1.gst.go.vin till www.einvoices10.gst.gov.in. All these portals will work for issuing of invoices to handle the load and make the process easy and smooth.

Also Read : Who shall take GST Registration

Also Read : NEFT timings changes from 16.12.2019

Notification No 70/2019 dated 13-12-2019

As per this notification, every registered person whose aggregate turnover exceeds Rs 100 Crores shall issue invoices as per the process specified in Notification 68/2019 and Notification 69/2019 dated 14-12-2019.The electronic invoices shall be issued for every supply of goods or services or both to a registered person . In simple words , GST E invoices shall be issued for B2B invoices and not for B2C invoices

Notification No 71/2019 dated 13-12-2019

Along with the electronic invoices in GST , Notification No 71/2019 also specifies that mentioning of Quick Response Code will be mandatory from April 2020 on Tax Invoices .

Notification No 72/2019 dated 13-12-2019

Notification No 72/2019 specifies the registered person having aggregate turnover more than Rs 500 Crores as a class of registered person who shall mention the Quick Response Code or QR code for invoices to unregistered person. The QR code shall be provided for all B2C transactions. If such registered person makes a Dynamic Quick Response (QR) code available to the recipient through a digital display, such B2C invoice issued by such registered person containing cross-reference of the payment using a Dynamic Quick Response (QR) code, shall be deemed to be having Quick Response (QR) code

Aggregate turnover shall have the same meaning as specified in Clause 6 of Section 2 of GST Act.

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The most controversial topic in GST in India Is about the GST Credit and Debit notes. Who shall issue credit or debit note and when shall it be issued and time limit for issuing such documents. Before answering all these we have to understand the meaning of Credit and Debit notes.The thumb rule is GST Credit and Debit Notes can only be issued by Supplier In GST.

What is a Credit Note ?

Credit Note means a document issued by a Registered Person under sub section 1 of Section 34 of GST Act.

What is a Debit Note ?

Credit Note means a document issued by a Registered Person under sub section 3 of Section 34 of GST Act.

Section 34(1) says ,

Where one or more tax invoices has been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to exceed the taxable value or tax payable in respect of such supply, or where the goods supplied are returned by the recipient, or where goods or services or both supplied are found to be deficient, the registered person, who has supplied such goods or services or both, may issue to the recipient one or more credit notes containing such particulars as may be prescribed.

Section 34(2) says ,

Any registered person who issues a credit note in relation to a supply of goods or services or both shall declare the details of such credit note in the return in Form GSTR-1 in GST Portal for the month during which such credit note has been issued but not later than September following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return in Form GSTR-9, whichever is earlier, and the tax liability shall be adjusted in such manner as may be prescribed. But if the incidence of tax has been passed on to any other person , then output liability cannot be adjusted by issuing credit notes in such cases.

In simple terms, Credit Notes can only be issued by a Supplier of goods or services or both and not by the recipient of supply in GST and should be uploaded in the GST Return to adjust the tax liability in respect of such supply.

Section 34(3) says ,

Where one or more tax invoices has been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to be less than the taxable value or tax payable in respect of such supply, the registered person, who has supplied such goods or services or both, shall issue to the recipient one or more debit notes containing such particulars as may be prescribed.

Section 34(4) says ,

Any registered person who issues a debit note in relation to a supply of goods or services or both shall declare the details of such debit note in the return in Form GSTR-1 for the month during which such debit note has been issued and the tax liability shall be adjusted in such manner as may be prescribed

In simple terms, Debit Notes can only be issued by a Supplier of goods or services or both and not by the recipient of supply in GST and should be uploaded in the GST Return to adjust the tax liability in respect of such supply .

Debit Notes also includes supplementary invoices issued in GST. GST credit and Debit Notes must be uploaded in GSTR1 for tax adjustments .

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