NEW PROVISIONS IN GST
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.
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
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