Dated: 01 June 2023
1. GST DEADLINES
1.1. Deadlines | June 23
● GST Compliance Calendar – June 2023
2. GST PORTAL UPDATES
2.1. Deferment of Implementation of Time Limit on Reporting Old e-Invoices
(Advisory Dated: 06/05/2023)
It is to inform you that it has been decided by the competent authority to defer the imposition of the time limit of 7 days on reporting old e-invoices on the e-invoice IRP portals for taxpayers with aggregate turnover greater than or equal to 100 crores by three months.
2.2 Filing of Declaration in Annexure V by Goods Transport Agency (GTA) opting to pay tax under forward charge mechanism
(Advisory Dated: 24/04/2023)
The GTAs, who commence business or cross registration threshold on or after 1st April, 2023, and wish to opt for payment of tax under forward charge mechanism are required to file their declaration in Annexure V for the FY 2023-24 physically before the concerned jurisdictional authority.
2.3 GSTN enables Functionality to view IRN using Document Number
(Advisory Dated: 18/05/2023)
The Goods and Services Tax Network, widely known as GSTN, has recently introduced a convenient feature that allows users to retrieve the Invoice Reference Number (IRN) even if it was not initially saved for an invoice, credit note, or debit note.
2.4 GSTN enables option to File Final Annual Return and Reconciliation Statement for F.Y. 2022-23
(Advisory Dated: 16/05/2023)
Goods and Services Tax (GST) enabled the option to file Final Annual Returns (GSTR 9) and Reconciliation Statement (GSTR-9C) on the Goods and Services Tax Portal (GST portal). The due date for filing returns and statement for Financial Year 2022-23 is 31.12.2023.
2.5 GST Dept adds new functionality to view Aadhaar Authentication Status and View/Upload/Download e-KYC for GST Registration
(Advisory Dated: 17/05/2023)
The Goods and Services Tax (GST) Department has issued a new functionality and released the advisory to view the Aadhaar Authentication Status, download e-KYC documents for new registration applications, and upload e-KYC documents in the PV Report of the CBIC ACES Goods and Services Tax Application.
2.6 GST E-Way Bill System Adds New Functionalities for Enrolled Transporters and Common Enrolled Taxpayers
(Advisory Dated: 01/06/2023)
The Goods and Services Tax (GST) e-way bill system has added new functionalities for enrolled transporters and enrolled taxpayers. The new functionalities include two-factor authentication for e-way bills, deregistration of enrolment and common enrolment, aimed at improving functionality and user control.
3. Notification
3.1 CBIC reduces GST E-Invoice Applicability Threshold from 10 Crores to 5 Crores
(Notification No: 10/2023, dated 10 May 2023)
The Central Board of Indirect Taxes and Customs (CBIC) have reduced the applicability threshold for e-Invoices from Rs. 10 Crores to Rs. 5 Crores w.e.f 01st August, 2023.
3.2 CBIC issues Standard Operating Procedure for Scrutiny of GST Returns for FY 2019-20 Onwards
(Instruction No: 02/2023-GST, dated 26 May 2023)
The Central Board of Indirect Taxes and Customs (CBIC) has issued the standard operating procedure or SOP for the scrutiny of Goods and Services Tax (GST) Returns for the Financial Year 2019-2020 onwards.
4. JUDICIAL PRONOUNCEMENTS
4.1 Time limit for filling an Appeal under GST Act to be liberally interpreted : Allahabad HC
(Shri Ram Ply Product vs Addl. Commissioner Grade 2 Appeal State Tax)
Section 107 of the Uttar Pradesh Goods and Services Tax Act, 2017 provides that an appeal, against any decision or order passed under this Act or the State Goods and Services Tax Act by the adjudicating authority, may be filed before the appellate authority within the prescribed period of three months from the date on which the said order is communicated to the person concerned. Sub-Section (4) of Section 107 of the Act, 2017 provides that the appellate authority may, if it is satisfied that the appeal was prevented by sufficient cause from presenting it within the period of three months, may allow it to be presented within a further period of one month.
The Court viewed that the appeal has been summarily dismissed only on the ground that it was beyond 120 days, and not within 120 days. After considering the action of the appellate authority, the Court restored the appeal to the Appellate Authority and directed them to proceed with the appeal and decide the same on merit. While allowing the petition, the Court quashed the impugned order. The four months may be of 121 days or 122 days.
4.2 Limitation Period to file Appeal begins when Order is uploaded in GST Portal
(GUJARAT STATE PETRONET LIMITED vs UNION OF INDIA)
In a major decision the Gujarat High Court ruled that the limitation period to file appeal begins when order is uploaded in the GST Portal.
5. PRESS RELEASES
5.1 CBIC set to Implement Automated Scrutiny of GST Returns
To improve taxpayer services in India, Finance Minister Nirmala Sitharaman has directed the Central Board of Indirect Taxes & Customs (CBIC) earlier to introduce automated Goods and Services Tax return scrutiny by this week. The Finance Minister had also instructed CBIC to increase the taxpayer base using technology-based solutions and take strict action against fake billing and Input Tax Credit (ITC) fraud.
The system will be similar to the Income Tax department’s Computer Assisted Scrutiny Selection (CASS), which sends an automated notice in case of any discrepancy in returns.
5.2 First Week of All India GST Drive reveals 10,000 Fraud Registrations
In the first week of the joint drive, tax officials have identified around 10,000 illegitimate GST registrations, according to sources. The verification process jointly conducted by the State and Central Goods and Services Tax Authorities revealed instances where forged documents such as electricity bills, property tax receipts, and rental agreements were used to establish a principal place of business for obtaining GST registration.
5.3 GST Council to Meet Next Month
The GST Council is expected to provide much-awaited clarity on tax rates for online gaming during their upcoming meeting, which is likely to take place next month. Along with this, the council will also be deciding on the revision of tax rates for millets and cement.
Disclaimer: “This material is intended to provide general information on particular subject(s) and is not an exhaustive treatment of such subject(s) or a substitute to obtaining professional service or advice. It is strongly recommended to seek professional advice before implementation of any of the aspects covered in the presentation.”)
Author can be reached at ca.hsinghal@gmail.com; +91 99172 11511
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