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Important GST Notifications Issued on 23rd April 2019

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Important GST Notifications Issued on 23rd April 2019

Non-filers of GST returns would not be able to generate e-way bills From 21St day of June,2019.

Rule 138E – Restriction on furnishing of information in PART A of FORM GST EWB-01:- Non-filers of GST returns would not be able to generate e-way bills From 21St day of June,2019.

Currently, taxpayers are allowed to generated e-way bills even if they have not filed the requisite returns (GSTR – 1 and GSTR – 3B).

A registered taxpayer will not be eligible to generate e-way bill on the GST portal if the taxpayer:

Paying tax under composition scheme has not furnished the returns for two consecutive tax period; or
Other persons (monthly or quarterly return filers) have not filed the return for a consecutive period of 2 months

Please refer to Notification 22/2019-Central Tax ,dt. 23-04-2019 for further details.

Changes with respect to composition scheme:

1) The changes are with respect to form and manner of submission of statement and return. All the registered person paying tax under:-
  1. Composition Scheme
  2. Supplier of services with a tax rate of 6% having annual turn-over in preceding year up to Rs. 50 lakhs.
will

  1. Furnish a statement, every quarter or part thereof, containing the details of payment of self-assessed tax in FORM GST CMP-08, till the 18th day of the month succeeding such quarter; and
  2. Furnish a return for every financial year or part thereof in FORM GSTR-4, till the thirtieth day of April following the end of such financial year
2) Such registered person furnishing the returns shall discharge his liability towards tax or interest payable under the Act or the provisions of this Chapter by debiting the electronic cash ledger.

It is hereby declared that the person shall not be eligible to avail input tax credit on receipt of invoices or debit notes from the supplier for the period prior to his opting for the composition scheme or opting for paying tax by availing the benefit of notification.

3) Timeline for filing of returns before filing application for revocation of cancellation
The proposed amendment in Rule 23 of the CGST Rules, 2017 provides as under–
  • All returns due for the period from the date of the order of cancellation of registration till the date of the order of revocation of cancellation of registration shall be furnished by the said person within a period of thirty days from the date of order of revocation of cancellation of registration.
  • Where the registration has been cancelled with retrospective effect, the registered person shall furnish all returns relating to period from the effective date of cancellation of registration till the date of order of revocation of cancellation of registration within a period of thirty days from the date of order of revocation of cancellation of registration.
Please refer to Notification 20/2019-Central Tax ,dt. 23-04-2019 for further details.

Extend the time limit for filing an application for revocation of cancellation of registration for specified taxpayers:

S.O. (E). -- WHEREAS, sub-section (2) of section 29 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the „CGST Act?) provides for cancellation of registration by proper officer in situations described in clause (a) to clause (e) as under: -
  1. Registered person has contravened such provisions of the Act or the rules made there under as may be prescribed; or
  2. A person paying tax under section 10 has not furnished returns for three consecutive tax periods; or
  3. Any registered person, other than a person specified in clause (b), has not furnished returns for a continuous period of six months; or
  4. Any person who has taken voluntary registration under sub-section (3) of section 25 has not commenced business within six months from the date of registration; or
  5. Registration has been obtained by means of fraud, willful misstatement or suppression of facts
The registered persons whose registration have been cancelled under sub-section (2) of section 29 of the CGST Act are unable to get their cancellation of registration revoked despite having fulfilled all the requirements for revocation of cancellation of registration shall be allowed to file application for revocation of cancellation of the registration not later than 22.07.2019.

Please refer to Order No. 5/2019 - Central Tax for further details.

About Manoj Jain

Manoj

Manoj Jain, a CA and CS, has been working with IRIS for over 8 years and is currently one of the key subject matter experts for IRIS’ GST compliance offerings. He also has been guiding the clients for GST law related matters. Before GST he was handling US compliance analyzing US financial statements and reviewing XBRL filings for US and India market. He enjoys listening to music and traveling.

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