Amendments in CGST rules vide Notification 1412019 Changed
|CBIC waives late fees for non- filing of FORM GSTR-1||74/2019-Central Tax|
|Rule 86A Conditions of use of amount available in electronic credit ledger||75/2019–Central Tax|
|Form GSTR 1 Date extended for Nov 19 for Assam, Manipur & Tripura||76/2019–Central Tax|
|Form GSTR 3B date extended for Assam, Manipur and Tripura||77/2019–Central Tax|
|Form GSTR 7 date extended for Assam, Manipur and Tripura||78/2019–Central Tax|
1. Waiver of late fees for late filing of GSTR-1 (74/2019-CT)
The amount of late fee payable under section 47 shall stand waived for the registered persons who failed to furnish the details of outward supplies in FORM GSTR-1 for the months/quarters from July, 2017 to November, 2019 by the due date but furnishes the said details in FORM GSTR-1 between the period from 19th December, 2019 to 10th January, 2020.
2. Maximum ITC can be availed up to 10% of eligible ITC (75/2019-CT)
Input tax credit to be availed by a registered person in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers in their GSTR-1 under section 37(1), shall not exceed 10 per cent of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers under section 37(1).
|a||As per books for Jan||10,00,000||10,00,000|
|b||Eligible ITC as per 2A of Jan||6,00,000||6,00,000|
|c||Eligible ITC not appearing in 2A of Jan||4,00,000||4,00,000|
|d||10% of b||NA||60,000|
|e||2A plus 10%||NA||6,60,000|
|f||Eligible ITC allowed to be taken in 3B for Jan||10,00,000||6,60,000|
When can balance ITC be claimed in case availment of ITC is restricted as per the provisions of rule 36(4)? The balance ITC may be claimed by the taxpayer in any of the succeeding months provided details of requisite invoices are uploaded by the suppliers. He can claim proportionate ITC as and when details of some invoices are uploaded by the suppliers.
|a||As per books for Jan||10,00,000|
|b||Eligible ITC as per 2A of Jan||5,00,000|
|c||Eligible ITC not appearing in 2A of Jan||5,00,000|
|d||10% of b||50,000|
|e||12A plus 10%||5,50,000|
|f||Eligible ITC to be taken in 3B for Jan minimum of 'e' or 'a'||5,50,000|
|g||ITC to be availed in 3B pertaining to Dec||3,40,000|
|h||Eligible ITC of previous month appearing in jan 2A||3,10,000|
|i||10% of h||31,000|
|j||h + i||3,41,000|
|k||Eligible ITC to be considered pertaining to previous month minimum of g and j||3,40,000|
|Total to be claimed in Jan (f + k)||8,90,000|
Rule 86A: Conditions for use of amount available in E-Credit Ledger:
Where the proper officer has reason to believe that ITC available in E-Credit Ledger has been fraudulently availed or is ineligible may, for reasons to be recorded in writing, not allow utilization of such ITC or refund of unutilized amount to the extent of:
ITC availed on the basis of invoices-
- issued by a registered person who has been found non-existent or not to be conducting any business from any place for which registration has been obtained; or
- without receipt of goods or services or both; and
- ITC availed on the basis of invoice in respect of any supply, the tax charged in respect of which has not been paid to the Government; or
- the registered person availing ITC has been found non-existent or not to be conducting any business from any place for which registration has been obtained; or
- the registered person availing ITC is not in possession of a tax invoice or debit note or any other document prescribed.
- ITC availed on the basis of invoices-
- The proper officer, if after disallowing the debit of Electronic credit ledger, may allow such debit if being satisfied that conditions for such disallowance does not exist.
- Such restriction will cease to have effect after the expiry of 1 year from the date of imposition of such restriction.
- Rule 138E: No person shall be allowed to furnish the information in PART A of FORM GST EWB-01 in respect of a registered person, whether as a supplier or a recipient, who- being a person, has not furnished GSTR1 for any two months or quarters, as the case may be.
3. Form GSTR 1 Date extended for Nov 19 for Assam, Manipur & Tripura (76/2019-CT)
Registered persons whose principal place of business is in the State of Assam, Manipur or Tripura, the time limit for furnishing the details of outward supplies in Form GSTR-1 (monthly) for the month of November,2019 has been extended till 31st December 2019.
4. Form GSTR 1 Date extended for Nov 19 for Assam, Manipur & Tripura (76/2019-CT)
Form GSTR-3B for the month of November 2019 for registered persons whose principal place of business is in the State of Assam, Manipur, Meghalaya or Tripura, shall be extended till the 31st December 2019.
5. Form GSTR 7 date extended for Assam, Manipur and Tripura (78/2019-CT)
Return by a registered person, required to deduct tax at source under the provisions of section 51 of the said Act in FORM GSTR-7 for the month of November, 2019, whose principal place of business is in the State of Assam, Manipur or Tripura, shall be extended to 25th December, 2019.
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