Certain changes (non-rate/procedural) proposed in the recent 47th GST have been notified via Notification No 9/2022, 10/2022, 11/2022, 12/2022, 13/2022, 14/2022 Central Tax dated 05 July 2022.
These notifications have been explained in brief below for quick understanding of the changes. A separate blog will be posted on details of changes in GST rates of goods/services proposed in the GST Council Meeting.
Update : A post on Revised Rates and Exemption on Services w.e.f 18.07.2022 has been published . Visit the blog post
Notification 09/2022-CT dated 05.07.2022 notified
Amendments proposed in Section 49(10) of CGST Act,2022
Now the Registered tax payer can transfer, the balance in electronic cash ledger under this Act, to the ECL for IGST, CGST, SGST/UGST, Cess etc. IGST & CGST of a distinct person to distinct person
Only in case the person has not any unpaid liability in electronic liability register.
Retrospective Amendment In Section 50(3) of CGST Act,2022 w.e.f. 1 July 2017
The Interest on wrongly availed & utilised ITC (Input Tax Credit ) shall be payable not more than 24%,If you availed and utilised ITC wrongly,( since 01.07.2017) the tax payer has to pay interest upto 24%
Notification 10/2022-CT dated 05.07.2022 notified to increase the aggregate turnover limit for GSTR 9
Under the GSTR-9C the Taxpayer submit audit form, earlier it was prepared and signed by CA/ICWA , however now the tax payer submit the same. This report ( GSTR-9C) was compulsory for the tax payer(For FY 2017-18 to 2020-21), whose turnover was above Rs One Crore. This limit is increased, for FY 2021-22, to Rs Two Crores. The Tax payer , whose aggregate turn over is upto Rs Two crore is exempted and not to file GSTR-9
Notification 11/2022-CT dated 05.07.2022 notified to extend deadline for Composition taxpayer for the quarter April -Jun’22 by one month
The normal due date for filing self-assessment tax statement ( CMP-08) for the Quarter ending June 2022 was 30.06.2022, which is extended to 31.07.2022
Notification 12/2022-CT dated 05.07.2022 notified to extend due date for 2021-22 of GSTR-04
Late fee waiver for delayed filing of GSTR-4 for Financial Year 2021-22 extended from 18th July,2022 to 28th July 2022.
Notification 13/2022-CT dated 05.07.2022 notified to extend period of Limitation for Financial Year 2017-18
SR No | Particulars | Extended date |
1 | Issue of Show Cause Notice in respect of a tax period for the financial year 2017-18, | 30th June 2023 |
2 | Issue of Order in respect of a tax period for the financial year 2017-18, | 30th September 2023 |
3 | For Refund application and Recovery of Erroneous Refund Notices | Exclude the period of 1st March 2020 to 28the February 2022
(2 years ) |
Notification 14/2022-CT dated 05.07.2022 notified to amend various rules
Suspension (Cancellation) of Registration
This notification added a proviso to Rule 21A (4), where by the GST registration is cancelled due to non-filing of returns, the registration will be deem to be revoke, once Registered Taxpayer files all pending return returns.
Value of Duty Credit Scrip not to include for proportionate reversal under Explanation I of Section 43
Duty Credit Scrip is excluded for the purposes calculating the aggregate value of exempt supplies of rule 42 and this rule
For turnover above prescribed limit of E invoice ( Presently 20Crores ),
Declaration on the invoice-
The Taxpayer whose turnover is more than 20 crores and is not required to issue E invoice under Rule 48(4) has to make a declaration in the invoice.
Amount of GST in Cash ledger can be credited through UPI and IMPS
The mode to pay in cash ledger now available through Unified Payment Interface (UPI) from any bank; Immediate Payment Services (IMPS) from any bank.
Interest on Net liability paid through Cash and For ITC wrongly availed and utilised
The rule 88B inserted from 01.07.2017,
- In the case of GST returns, Interest {under Section 50(1)} will be calculated on the amount paid through debiting GST cash Ledger after due date till the date of payment
- In other cases From the date of the interest shall be calculated on the amount of tax which remains unpaid, for the period starting from the date on which such tax was due to be paid till the date such tax is paid as the rate notified under Section 50(1)
- For interest is payable on account of ITC wrongly availed and Utilised under Section 50(3), interest shall be calculated if the balance in the electronic credit ledger falls below the amount of input tax credit in case of return and the date of debit in the electronic credit ledger when the balance in the electronic credit ledger falls below the amount of input tax credit wrongly availed, in other cases
In Export Refund Explanation added under Rule 89(4) to consider the export turnover
As per the said Explanation, For the purposes of this sub-rule, the value of goods exported out of India shall be taken as –
(i) the Free on Board (FOB) value declared in the Shipping Bill or Bill of Export form, as the case may be, as per the Shipping Bill and Bill of Export (Forms) Regulations, 2017;
or
(ii) the value declared in tax invoice or bill of supply,
whichever is less
In case of Inverted Duty Structure, Refund on Services also included
In case of refund of Inverted Duty Structure refund of ITC formula now includes Services.
Refund of taxes to the retail outlets established in departure area of an International Airport beyond Immigration cancelled w.e.f 1st July 2019
Rule 95A , which relates to Refund of taxes to the retail outlets established in departure area of an international Airport beyond immigration counters making tax free supply to an outgoing international tourist shall be deemed to have been omitted with effect from the 1st July, 2019.
Rule 96. Refund of integrated tax paid on goods exported out of India – proviso added regarding mismatch in shipping bill and GSTR 1
Clause b is substituted from 01.07.2017- If there is any mismatch between the data furnished by the exporter of goods in Shipping Bill and those furnished in statement of outward supplies in FORM GSTR-1, such application for refund of integrated tax paid on the goods exported out of India shall be deemed to have been filed on such date when such mismatch in respect of the said shipping bill is rectified by the export
Jul 15, 2022 - GST - Team SSB