“After a certificate of registration in FORM GST REG-06 has been made available on the common portal and a Goods and Services Tax Identification Number has been assigned, the registered person, except those who have been granted registration under rule 12 or, as the case may be rule 16, shall within a period of thirty days from the date of grant of registration, or before furnishing the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1 or using invoice furnishing facility, whichever is earlier, furnish information with respect to details of bank account on the common portal.”

In this regard, the GST Department has issued an advisory requesting all taxpayers who have not yet furnished their bank account details on the GST portal, to furnish the same, in order to avoid disruption in their business activities as non-declaration of the same may lead to subsequent suspension and cancellation of the GSTIN.

For the same, the Government is planning to deploy a new functionality with the following features:

1. Failure to furnish the bank account in the stipulated time would result into following:

a) Taxpayer registration would get suspended after 30 days and intimation in FORM REG-31 will be issued to the Taxpayer

b) Taxpayer would be debarred from filing any further GSTR-1/IFF

2. Revocation of Suspension: If the taxpayer updates their bank account details in response to the intimation in FORM REG-31, the suspension will be automatically revoked.

3. Cancellation of Registration: If the bank account details are not updated even after 30 days of issuance of FORM REG-31, the registration after suspension may also be taken up for cancellation process by the Officer.

It is therefore advised that if your bank account details are yet to be updated on the GST portal, the same should be updated at the earliest to avoid suspension of the GST registration.

The post Furnishing of Bank Account details mandatory to avoid GST cancellation appeared first on GST Platform.

The high court also revoked the cancellation of registration of the taxpayer on account of “non filing of Goods and Services Tax (GST) returns for 6 months. The court was hearing a writ petition .

“This case highlights the callous manner in which the assesses has been harassed by the respondents,” the court observed in the case.The indirect tax department had issued show cause notice to the assesses  for not filing GST returns. However, the tax department later accepted that the returns were filed and no dues were pending.“The show cause notice was completely vague and did not even point out as to what ground the reply was proposed to to be sought, the petitioner appeared and apprised that all the returns have already been filed,” the court observed.

The court also asked the tax officer to pay Rs 10,000. In view of the specific findings recorded above to the effect that the petitioner was unnecessarily harassed, the writ petition is allowed with a cost of Rs. 10,000/- to be paid to the petitioner within 30 days by the respondent no. 2 (tax officer) from his own salary,” the high court ruled.

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GST department in an official letter , said that all the registration application filed on or before 30.06.2020 which remained pending for processing as on 15.07.20 , is deemed approved.

All other pending applications will be approved till 31.07.2020 in a special drive.

Normal process of deemed approval of registration will be started from 01.08.20.

Read Also : GSTN Advisory on rejected revocation Application

Full details given below :

The post Approval of pending GST registration appeared first on GST Platform.

1. In case your application for revocation of cancellation of registration was rejected by the tax authorities before 12/6/2020 and you wish to avail benefit of RoD order 01/2020 dated 25.06.2020, as an interim measure, you can request the appellate authority or the higher authority to pass a simple offline order on it for restoration of the application.

2. Based on such order, your jurisdictional authority can restore the application for revocation of cancellation. You need to apply post login:- Registration- Restore Registration- Restore Revocation. You have to enter ARN of the order and would require to upload scanned copy of the order passed after clicking “Appeal in favour”.

3. GSTN is working on to remove present restriction on reapplication of the revocation of cancellation application. After that filing of revocation of application would become one step process. It is expected to be available shortly. The above suggested solution is an interim measure.

Read Also : Changes in GST

Read Also : Income Tax Return New Forms 

Read Also : ITR verification extension order

The post GSTN advisory for revocation application appeared first on GST Platform.

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

The post GST 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 REGISTRATION FORMS – TYPES AND PURPOSE

Form GST REG-01 – This form is for taxpayers. Every person who wish to take registration in GST shall file this form online on GST Portal. This form can be used for taking registration under composition scheme and as a casual taxable person also.

Form GST REG 03 – This form is  for tax official . This form is a notice for seeking clarification or any additional information or document required in respect of GST REG 01 filed by taxpayer. The reply to this notice has to be given in seven days of receipt.

Form GST REG 04 – This is the form available for taxpayers. Through this form reply to the notice seeking clarification in REG 03 has to be given by the taxpayers within the time limit. If it is not given in time, the registration application shall be rejected by the tax official.

Form GST REG -05 – This is the form available for tax official. This is an order for rejection of registration application if the particulars and documents provided for registration was not as per the requirements. It also includes rejection of amendment or cancellation of registration application filed by applicant or taxpayers.

Form GST REG 06– This is the form for registration certificate issued by tax official to taxpayers. Upon approval of the registration application the certificate of registration is issued and a GSTIN is granted.

Form GST REG 07– This is the registration application for taxpayers who are liable to deduct TDS u/s 51 or collect TCS us/ 52 of GST Act.

Form GST REG -08 – This is the form for tax official . This form is for cancellation order passed by the official if the person registered U/s 51 or U/s52 (TDS or TCS) does not comply with the provisions of the Act or has applied for cancellation of registration.

Form GST REG -09 This form is the application for registration for the Non Resident taxable persons in GST

Also Read : https://gstplatform.com/new-provisions-in-gst/

Also Read : https://gstplatform.com/changes-in-gst-invoice-format/

Form GST REG 10 – This is the application form for applying gst registration by persons supplying Online Information and Database retrieval Access Services. From a place outside India to a registered person in India .

Form GST REG 11– This form is used for requesting extension of registration period for a Casual Taxable Person and Non-resident Taxable person.

Form GST REG 12– This is for the tax official and issued for granting temporary registration on suo mot basis. This registration is used for making taxes / penalties payment after detention of vehicle or penalty is required to be paid a person who is not liable to register in this act or is not registered

Form GST REG 13 – Registration application form for taxpayers for Grant of unique identity number to UN Bodies.

Form GST REG 14– This form is for filing amendment (Both Core and Non Core) by all the registered taxpayers. This is to be filed when any modification, addition , deletion is required to be made in the registration certificate issued to them.

Form GST REG 15 – In response to the application in REG 14, tax official issues order of amendment in REG 15 . After that the details are accordingly amended in the registration certificate with such date as may be mentioned there in .

Form GST REG 16 – This form may be used by the taxpayers who wish to file for cancellation of registration on voluntary basis. Voluntary cancellation can be applied if the business is not liable to get registration or the owner of the business has died, the business is transferred to some other persons etc.

Form GST REG 17 –This is the form for Tax Official. This is the show cause notice for cancellation issued to the taxpayers who has not filed the GST Returns for the six tax periods.

Form GST REG 18 –  This form issued for furnishing reply to the show cause notice issued in Form GST REG 17 for cancellation of registration.

Form GST REG 19 – This is the order for cancellation of registration by the tax official. If no reply has been furnished for GST REG 17 or the reply furnished is not satisfactory then order for cancellation of registration is issued in GST REG 19. This order is also issued in response to voluntary application for cancellation of registration.

Form GST REG 20 – This is the order for dropping cancellation proceedings initiated by the tax officials . If the reply to the show cause notice issued for cancellation of registration is found satisfactory or the default has been made good , then cancellation proceeding is dropped through this form.

Form GST REG – 21 – If the GSTIN of any registered taxpayers has been cancelled by the tax official  due to non-filing of gst return for six tax periods or for any default resulting in cancellation then this form may be filed for restoration of such cancelled GSTIN. Before filing this form all the pending returns upto the date of filling must be filed or the default must be made good.

Form GST REG 22 – After filing revocation application the tax official upon scrutiny and verification issues order for revocation of cancelled GSTIN in this form.

Form GST REG 23 – If the application for filing revocation of cancelled GSTIN is not found satisfactory or if all the returns has not been filed along with the payment of tax , interest,  late fee, then such application may be rejected by the tax official . The Show Cause notice  for rejection is issued in this form.

Form GST REG 24 – Reply to the Show Cause Notice issued in Form GST REG 23 has to made in this form .

Form GST REG 30– Form for field report by the tax official at the time of physical verification for done  for new registration or otherwise.

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The post TYPES OF GST REGISTRATION FORM AVAILABLE IN GST PORTAL appeared first on GST Platform.

PHOTO OF PROPRIETOR

PAN CARD OF PROPRIETOR

 AADHAR CARD OF PROPRIETOR

BANK A/C OF THE FIRM – ANY OF THE THREE – CANCELED CHEQUE , FIRST PAGE OF PASSBOOK, BANK STATEMENT OF LAST MONTH.

ACTIVE MOBILE NO. OF PROPRIETOR

RENT AGREEMENT / CONSENT LETTER OF BUSINESS PLACE, IF THE PLACE OF BUSINESS IS RENTED OR NOT IN OWNERSHIP

ELECTRICITY BILL/ NAGAR NIGAM HOLDING TAX PAPER IN THE NAME OF LANDLORD , IF RENTED PREMISES.

OWNERSHIP DOCUMENTS IN THE NAME OF PROPRIETOR IF THE PREMISES IS OWNED – SALE DEED, TAX PAID RECEIPT

DSC (MANDATORY FOR COMPANIES/OPTIONAL FOR OTHERS)

NATURE OF WORK- WHETHER TRADING , WHOLESALE , RETAIL , MANUFACTURING , SERVICE PROVIDER ETC

LIST OF ITEMS OF BUSINESS- 5 MAJOR ITEMS OF SUPPLY OF GOODS OR SERVICES.

AUTHORIZATION LETTER OF SIGNING PERSON , IF DIFFERENT FROM THE PROPRIETOR , WITH PAN CARD,AADHAR CARD, COLOR PHOTOGRAPH, MOBILE NO.

ADDITIONAL PLACE OF BUSINESS, IF ANY.

NATURE OF SERVICE, IF ANY.

RESIDENCE PROOF OF PROPRIETOR

ALL DOCUMENTS MUST BE SIGNED BY THE OWNER OF SUCH DOCUMENTS

GST REGISTRATION DOCUMENTS REQUIRED FOR PARTNERSHIP FIRM

COLOR PASSPORT SIZE PHOTOGRAPH WITH NAME IN BACK OF ALL PARTNERS.

PAN CARD OF PARTNERSHIP FIRM.

PAN CARD WITH SIGNATURE OF ALL PARTNERS.

AADHAR CARD OF ALL PARTNERS WITH SIGNATURES.

 PARTNERSHIP DEED OF FIRM.FOR AMENDMENTS , RECONSTITUTION DEED OF FIRM IN CASE OF ADDITION OR RETIREMENT OF PARTNER.

ALL BANK A/C OF THE FIRM WITH LAST MONTHS DETAILS.

ACTIVE MOBILE NO OF ANY ONE OF THE PARTNER.

RENT AGREEMENT / CONSENT LETTER OF BUSINESS PLACE IN THE NAME OF PARTNERSHIP FIRM, IF THE PLACE OF BUSINESS IF RENTED.

ELECTRICITY BILL/ NAGAR NIGAM HOLDING TAX PAPER IF THE BUSINESS PLACE IS RENTED , THE DOCUMENTS SHOULD BE IN THE NAME OF LANDLORD.

IF THE PREMISES IS OWNED BY THE FIRM , OWNERSHIP DOCUMENTS SUCH AS SALE DEED , TAX PAID RECEIPT IN THE NAME OF FIRM.

DSC (OPTIONAL)

SPECIFY THE NATURE OF WORK – WHETHER TRADING , MANUFACTURING ETC

LIST OF ITEMS OF BUSINESS – 5 MAJOR GOODS OR SERVICES WHICH WILL BE SUPPLIED.

AUTHORIZATION LETTER OF SIGNING PERSON OR ANY ONE PARTNER WHO SHALL BE APPOINTED AS AUTHORIZED SIGNATORY WITH PAN CARD , AADHAR CARD , PHOTOGRAPH AND MOBILE NUMBER.

ADDITIONAL PLACE OF BUSINESS, IF ANY.

NATURE OF SERVICE, IF ANY.

RESIDENCE PROOF OF PARTNERS , IF AVAILABLE

ALL  PAPERS MUST BE SIGNED BY THE OWNER OF DOCUMENTS

GST REGISTRATION DOCUMENTS REQUIRED FOR COMPANY

COLOR PASSPORT SIZE PHOTOGRAPH  WITH NAME IN BACK OF EACH DIRECTOR .

PAN CARD WITH SIGNATURE OF COMPANY.

PAN CARD WITH SIGNATURE OF ALL DIRECTOR .

AADHAR CARD OF ALL DIRECTOR.

MEMORANDUM OF ASSOCIATION OF COMPANY.

ARTICLES OF ASSOCIATION OF COMPANY 

COPY OF PASSPORT, IF FOREIGN DIRECTOR

ALL BANK A/C OF THE COMPANY WITH THREE MONTHS DETAILS.

ACTIVE MOBILE NO. OF ANY PERSON AUTHORIZED TO DEAL WITH REGISTRATION PROCESS.

RENT AGREEMENT / CONSENT LETTER OF BUSINESS PLACE IN THE NAME OF COMPANY IF THE PREMISES IS RENTED.

ELECTRICITY BILL/ NAGAR NIGAM HOLDING TAX PAPER IN THE NAME OF LANDLORD IF PREMISES IS RENTED .

DSC MANDATORY OF ANY DIRECTOR TO BE APPOINTED AS AUTHORIZED SIGNATORY 

NATURE OF WORK – TRADING , WHOLESALE, RETAIL, SERVICE PROVIDER ETC

LIST OF ITEMS OF BUSINESS –   5 MAJOR ITEMS OF SUPPLY FOR GOODS AND SERVICES.

AUTHORIZATION LETTER OF SIGNING PERSON WITH PAN CARD , AADHAR CARD ,  COLOR  PHOTOGRAPH AND PHOTOCOPY WITH SIGN AND MOBILE NO.

ADDITIONAL PLACE OF BUSINESS, IF ANY.

NATURE OF SERVICE, IF ANY.

RESIDENCE PROOF 

ALL DOCUMENTS MUST BE SIGNED BY THE OWNER OF DOCUMENT

The post GST Registration Documents appeared first on GST Platform.

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 

The post New Provisions in GST one should know appeared first on GST Platform.

CBIC has issues five notifications making changes in CGST Rules , common portal for generating e invoices , persons required to generate e invoices , changes in rule 46 of gst , registered persons who shall mention QR code in invoices mandatory.

Download the notifications Here

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