Key amendments introduced in GST Law

Key amendments introduced in GST Law

Dear All,

The Central Board of Indirect Taxes and Customs (‘CBIC’) on recommendation of the GST Council, has issued various notifications for implementing the changes in law and procedures. We have hereinbelow summarized the key aspects of the Notifications issued by the CBIC:

 

S. No. Key Changes Points
1. Change in registration procedure
  • Application for registration by individual under the Central Goods and Services Tax Act, 2017 (‘the Act’) shall be made by the following options:
  1.  By opting biometric aadhar authentication with the photograph
  2. Taking biometric information, photograph and verification of such other KYC documents of the Applicant
  3. Requisite documents and details of the Applicant are required to be verified at the Facilitation Centres

(Refer Rule 8(4A) of the CGST Rules)

2. Change in time limit for grant of registration ·       Time limit to grant approval for system-based registration and time limit to issue a notice in case of deficient registration application has been enhanced from 3 days to 7 days;

·       In case, the applicant fails to undergo authentication of aadhaar number or where the officer deems fit to carry out physical verification of the place of business, then the time limit for grant of registration shall be 30 days

·       In case the GST officer fails to take any action in the prescribed time limit (i.e., 7 or 30 days as the case may be), then the application for grant of registration shall be deemed to have been approved

(Refer Rule 9 of the CGST Rules)

3. Cancellation of GST registration ·       The GST registration granted to a person is liable to be cancelled on the following additional grounds:

  1. Avail input tax credit in violation of Section 16 of the Act
  2. Furnishes details of outward supplies in Form GSTR -1 in excess of the outward supplies declared in Form GSTR -3B
  3. On violation of Rule 86B i.e., restriction on use of amount available in electronic credit ledger

(Refer Rule 21 of the CGST Rules)

4.  

 

 

 

 

 

Change in procedure for suspension of GST registration

 

 

 

 

 

 

·       Where the GST officer has reasons to believe that the registration of a person is liable to be cancelled under the GST law, then he may suspend the registration of such person with effect from a date to be determined by him. Accordingly, no opportunity of being heard shall be given in case of suspension of GST registration;

·       Where there are significant deviation/anomalies between:

  • Outward supplies furnished in Form GSTR 3B and Form GSTR1; or
  • Inward supplies furnished in Form GSTR 3B and as reflected in Form GSTR 2B; or
  • such other analysis as may be recommended by the GST Council.

which indicates contravention of provisions of the GST law leading to cancellation of registration, then the GST officer shall serve a notice and asking the taxpayer to explain anomalies and differences (within 30 days) as to why GSTIN should not be cancelled

·       Where a GSTIN has been suspended no refund under the GST law shall be granted during the period of suspension

(Refer Rule 21A of the CGST Rules)

5. Restriction on claim of Input tax credit upto 5% ·       Limiting input tax credit availment by a registered person in respect of invoices/ debit notes not furnished by the supplier in the Form GSTR 1 or using the invoice furnishing facility up to 5% of the total eligible input tax credit available in Form GSTR 2B

·       The said provision shall be effective from 01 January 2021

(Refer Rule 36(4) of the CGST Rules)

6. Restriction on filing of Form GSTR 1
  • Where a taxpayer fails to file Form GSTR 3B for two subsequent periods (monthly/ quarterly), then Form GSTR 1 of such taxpayer shall be blocked
  • A taxpayer who is restricted to avail ITC to discharge tax liability in excess of 99% of such tax liability under Rule 86B of the Rules, then such taxpayer shall not be permitted to file Form GSTR 1, where Form GSTR 3B is not furnished for the preceding tax period

(Refer Rule 59(4) of the CGST Rules)

7. Restriction on use of amount available in electronic credit ledger
  • Where the value of taxable supply other than exempted supply and zero-rated supply in a month exceeds Rs. 50 lakh, then the taxpayer shall not utilise the input tax credit available in electronic credit ledger to discharge outward tax in excess of 99% of such tax liability.
  • The above restriction shall not applicable where:
  • Taxpayer has paid Income Tax exceeding Rs. 1 lakh in two preceding financial year
  • Taxpayer has received refund exceeding Rs. 1 lakhs under Section 54 of the Act
  • Taxpayer has used electronic cash ledger to pay of liability on outward supplies which cumulatively makes 1% of the total liability up to the said month
  • A person is a Government Department, Public Sector Undertakings, local authority or a statutory body
  • The Commissioner is empowered to remove such restriction after verification and safeguards as may be deemed fit
  • The said provision shall be effective from 01 January 2021

(Refer Rule 86B of the CGST Rules)

8. Validity of e-way bill upto 200 kms
  • E-way bill shall be valid for one day to cover a distance up to 200 kms (which was earlier 100 kms)
  • The said provision shall be effective from 01 January 2021

(Refer Rule 138 (10) of the CGST Rules)

9. Wavier of late fee
  • Late fee payable for the delay in furnishing of Form GSTR 4 for the FY 2019-20 from 01 November 2020 till 31 December 2020 shall stand waived for the registered person whose principal place of business is in the Union Territory of Ladakh

 The above change has been introduced vide Notification No. 93 & 94 / 2020 – Central Tax dated 22 December 2020.

Separately, it is to be noted that vide Notification No. 92/2020 – Central Tax dated 22 December 2020 amendment introduced vide Finance Act, 2020 in respect of specific section of the CGST Act have been made effective from 01 January 2021. 

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