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Upon hearing if you satisfy the officer that conditions as specified above are no longer valid, he may allow the use of such amount in credit ledger.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

The post GST RECENT UPDATES appeared first on GST Platform.

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.

The post BIG BANG CHANGES IN GST INVOICES 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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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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