Detailed analysis of Notifications issued by CBIC on 28th June 2019

Notification No. 26/2019-Central Tax

• Extension of GSTR 7 for the period from October 2018 to July 2019 till 31^st Day of 2019.

Notification No. 27/2019-Central Tax

• Prescribe the due date of Form GSTR 1 for registered taxable persons having aggregate turnover of upto Rs. 1.5 Crores in the preceeding financial year or current financial year, shall file the form GSTR 1 for the period July 2019 to September 2019 till 31^st October 2019.

Notification No. 28/2019-Central Tax

• Prescribe the due date of Form GSTR 1 for registered taxable persons having aggregate turnover of more than 1.5 Crores in the preceeding financial year or current financial year, shall file the form GSTR 1 monthly for the period July 2019 to September 2019 till 11^th of the month succeeding such month.

Notification No. 29/2019-Central Tax

• Prescribes the due date for Form GSTR 3B for the period July to September 2019 to be 20^th of the month succeeding such month.

Notification No. 30/2019-Central Tax

• Exemption to IODAR service suppliers from filing Form GSTR 9 and GSTR 9C

Notification No. 31/2019-Central Tax

Major amendments in the CGST rules

• Furnishing of bank account details within 45 days from the date of registration or the due date for which the return is to be filed, by inserting Rule 10A in the said rules.
• With effect from 1^st July 2019, rule 32A shall be inserted which says that the Kerala Flood cess is applicable on the taxable value of the goods or services or both.
• Insertion of a proviso after the 5^th proviso in rule 46, which says that the tax invoice shall have Quick Response (QR) code, from the date to be notified later.
• Insertion of a proviso after the 3^rd proviso in rule 49, which says that the bill of supply shall have Quick Response (QR) code, from the date to be notified later.
• Changes in the conditions for claiming the GST TDS by the deductees by amending sub rule (2) of rule 66.
• Changes in the conditions for claiming the GST TCS by the suppliers by amending sub rule (2) of rule 67.
• Removal of the second proviso to the sub rule (2) of rule 87 requiring the OIDAR service suppliers to use the Board’s payment system of Electronic Accounting system in Excise and Service Tax.
• Delinking of the GST TDS and GST TCS provision from GSTR 2 and rule 87.
• A very important and useful amendment in the Electronic cash ledger by inserting sub rule (13) to the rule 87, which says that a registered taxable person may transfer any amount of tax, interest, penalty, fee or any other amount available in the cash ledger to the electronic cash ledgers for integrated tax, central tax, state tax or union territory tax or cess through the use of Form GST PMT 09.
• Amendments to be notified later in the Rule 91 and 92 which says that the word “payment advice” shall be substituted with “payment order” and the provisional refunds shall be disbursed on the basis of the “consolidated payment advice”
• Insertion of rule 95A with effect from 1^st July 2019, which says that retail outlets established in departure area of an international airport beyond immigration counters making tax free indigenous supply to an international outgoing tourist shall be entitled to refund of the tax on the inward supplies. The retail outlets shall furnish the refund application in Form GST RFD 10B on a monthly or quarterly basis, as the case may be, through the common portal. After the submission of the Form GST RFD 10B, the self-certified compiled information of purchase invoices shall be submitted along with the refund application. The conditions for claiming the refund are as follows:-
  • The inward supplies of goods have been received from the registered taxable persons against the taxable invoices in which the name and GST number of the retail outlet has been mentioned in the Taxable invoice.
  • The said goods have been supplied by the retail outlet to the outgoing international tourist against foreign exchange without charging any tax.
• Insertion of the line “or within such extended period not exceeding a further period of one month for reasons to be recorded in writing as may be allowed by the Authority” to allow the time line to submit the application in front of the Standing committee and Screening committee in sub rule (1) of rule 128.
• Insertion of the line “or those forwarded by the Standing committee” after the “All applications from interested parties on issues of local nature” and insertion of the word “within two months from the date of receipt of a written application, or within such extended period not exceeding a further period of one month for reasons to be recorded in writing as may be allowed by the authority” after the words “the State level Screening committee and the Screening committee” in the sub rule (2) of rule 128.
• Extension of the time frame of investigation from 3 months to 6 months of the receipt of the reference from the standing committee.
• Appointment of the “Authority” to summon any person in exercise of the powers as provided in the case of a civil court under the provisions of the Code of Civil procedure, 1908 in the rule 132.
• In the rule 133, the Authority now shall have the time of six months instead of three months from the receipt of the report from Director General (Anti profiteering) to determine whether the taxable person has passed on the benefit of reduction in the rate of taxes to the recipients.
• A new sub rule 2A has been inserted in rule 133 in which the Authority may seek clarification from the Director General (Anti Profiteering).
• In the clause C of sub rule 3 of rule 133, which says direction by the Authority to the taxable person which has not passed the benefit of reduction of taxes to the recipients , to deposit the amount in the fund constituted under section 57 of the GST act along with the interest @ 18% from the date of collection of higher amount till the date of deposit of such amount.
• Insertion of sub rule 5(a) in rule 133 to authorize the Authority to direct the Director General (Anti profiteering) to investigate in respect of goods or services where the Authority has reasons to believe that there has been a contravention of section 171 of the GST act upon receipt of the report. Thus, initiating and authorizing a new investigation.
• In rule 138, insertion of the words to give effect to the amendments made for the composite suppliers.
• Insertion of the clause in Form GST REG 01 to furnish the details of the bank account furnished in the form GST REG 01.
• Insertion in the Form GST REG 07 for the detail of the bank account details for the registration as Tax deductor or tax collector.
• In the form GST REG 12 for suo moto registration, insertion of the clause for the requirement of bank accounts.
• Replacement for the Form GSTR 4 with the new form GSTR 4 in which the provisions regarding the form GST CMP 08 shall be incorporated.
• With respect to the Form GSTR 9, the changes have been made to give effect to substitute the word “from April 2018 to September 2018” to the word “from April 2018 to March 2019” and the GSTR 2A which shall be auto populated in the GSTR 9 shall be the data as on 01^st May 2019.
• Substitution of the Form GST DRC 03 with the new form.

Notification No. 32/2019-Central tax

• Extension of the due date for the filing of Form GST ITC 04 applicable for the job works for the period July 2017 to June 2019 till 31^st day of August 2019.