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GST Amendments (Tax Law) JUNE 22 | DEC 22 (CS Executive) CA Inter | CMA Inter

EXEMPTIONS FROM GST

1. Amendments in the list of services exempted from GST

Notification no. 12/2017 CT(R) dated 28.06.2017 provides list of services exempted from CGST. With effect from 01.10.2021, the said list of exempted services has been amended as follows:

(i) Amendment in the existing exemptions

Services provided to the Central Government, State Government, Union territory administration under any training programme for which 75% or more of the total expenditure is borne by the central Government, state Government, Union territory administration

(ii) New exemptions introduced : Service exempt from CGST

61A - Services by way of granting National Permit to a goods carriage to operate through-out India/ contiguous States.

(iii) Withdrawal of existing exemption : Service withdrawn

Services of leasing of assets (rolling stock assets including wagons, coaches, locos) by the Indian Railways Finance Corporation to Indian Railways Parallel exemptions from IGST have been extended to supply of inter-State services by amending Notification No. 9/2017 IT(R) dated 28.06.2017, which grants exemption to supply of inter-State services from IGST.

Chapter 10 REGISTRATION

1. Extension of time-limit for filing application for revocation of

cancellation of registration by a registered person permitted beyond

the stipulated time

W.e.f. 01.01.2021, proviso to section 30(1) of the CGST Act, 2017 was substituted to

permit the extension of time-limit for filing application for revocation of

cancellation of registration by a registered person. Accordingly, the time period of

filing of application for revocation of 30 days from the date of service of the order of

cancellation of registration, may, on sufficient cause being shown, and for reasons

to be recorded in writing, be extended,—

(a) by the Additional Commissioner or the Joint Commissioner, as the case may be,

for a period not exceeding 30 days;

(b) by the Commissioner, for a further period not exceeding 30 days, beyond the

period specified in clause (a).

Consequently, rule 23(1) of the CGST Rules has also been suitably amended to give

effect to aforesaid amendment. Amended rule 23(1) reads as follows:

A registered person, whose registration is cancelled by the proper officer on his own

motion, may submit an application for revocation of cancellation of registration, in

prescribed form, to such proper officer, within a period of 30 days from the date of the

service of the order of cancellation of registration or within such time period as

extended by the Additional Commissioner or the Joint Commissioner or the

Commissioner, as the case may be, in exercise of the powers provided under the

proviso to section 30 (1), at the common portal, either directly or through a

Facilitation Centre notified by the Commissioner.

[Notification No. 15/2021 CT dated 18.05.2021]



Chapter 11 TAX INVOICE; CREDIT AND DEBIT NOTES; E-WAY BILL


1. E-invoicing not applicable to a Government Department and a local authority

E-invoicing is mandatory for persons notified vide Notification No. 13/2020 CT dated 21.03.2020 as amended. As per said notification, all registered businesses with an aggregate turnover in any preceding financial year from 2017-18 onwards greater than ` 50 crore are mandatorily required to issue e-invoices except:- • Special Economic Zone units** • Insurer or banking company or financial institution including NBFC • GTA supplying services in relation to transportation of goods by road in a goods carriage • Supplier of passenger transportation service • Person supplying services by way of admission to exhibition of cinematograph films in multiplex screens • Said notification has been amended to exempt a Government Department and a local authority also from the mandatory requirement of e-invoicing.

[Notification No. 23/2021 CT dated 01.06.2021]


2. E-way bill generation facility to be blocked only in respect of outward movement of goods, by the defaulting registered person [Rule 138E]

Rule 138E of the CGST Rules contains provisions pertaining to blocking of e- way bill generation facility, i.e. disabling the generation of e-way bill. Earlier, a user was not able to generate e-way bill for a GSTIN if the said GSTIN was not eligible for e-way bill generation in terms of rule 138E. It implies that the GSTINs of such blocked taxpayers could not be used to generate the e-way bills neither as supplier (consignor) nor as recipient (consignee).
Said rule has been amended to relax such restriction. Blocking of GSTIN for e-way bill generation would only be for the defaulting supplier GSTIN and not for the defaulting Recipient or Transporter GSTIN. Suspended GSTIN cannot generate e-way bill as supplier. However, the suspended GSTIN can get the e-way bill generated as recipient or as transporter. In other words, e-way bill generation facility is blocked only in respect of any outward movement of goods of the registered person who is not eligible for e-way bill generation as per rule 138E. E-way bills can be generated in respect of inward supplies of said registered person

Chapter 13 RETURNS

1. Maximum late fees payable under section 47 for delayed filing of Forms GSTR-1, GSTR-3B, GSTR-4 and GSTR-7, rationalized.

Section 47 of the CGST Act stipulates a specified amount of late fee for delay in filing any of the following by their respective due dates:
(A) Statement of Outward Supplies [Section 37]
(B) Returns (including returns under QRMP Scheme) Returns [Section 39]
(C) Final Return [Section 45] An equal amount of late fee is payable by such person under the respective SGST/UTGST Act as well.
Penalty leviable under IGST Act shall be the sum total of the penalties leviable under the CGST Act and the SGST/UTGST Act. The late fee can be waived off partially or fully by the Central Government. Consequently, since the inception of GST law, late fee is being regularly waived off by the Central Government either partially or fully. From the tax period June, 2021 onwards or quarter ending June, 2021 or FY 2020-21 onwards, as the case may be, late fee for delayed filing of Forms GSTR-1, GSTR-3B and GSTR-4, has been rationalized as follows:

For delayed filing of GSTR-1 and/or GSTR-3B:

Total amount of late fee payable under section 47 of the CGST Act from June, 2021 / quarter ending June, 2021 onwards, by the registered person who fail to furnish Form GSTR-1 and/or Form GSTR-3B by the due date, shall be as follows:


For delayed filing of GSTR-4:

Total amount of late fee payable under section 47 of the CGST Act from F.Y. 2021-22 onwards, by the registered person (composition taxpayer) who fail to furnish Form GSTR-4 by the due date, shall be as follows:


Thank You & Team CS ASPIRANT

Special Thanks to CA Vivek Gaba



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