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Conditional waiver of late fee for delay in furnishing FORM GSTR-1 for February to May 2020

Conditional waiver of late fee for delay in furnishing FORM GSTR-1 for tax periods of February to May 2020

Notification No. 33/2020 – Central Tax New Delhi, the 3rd April, 2020

 

The following further amendment in the notification of the
Government of India in the Ministry of Finance (Department of Revenue), No. 4/2018–
Central Tax, dated the 23rd January, 2018, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub- section (i) vide number G.S.R. 53(E), dated the 23rd January, 2018,
namely:–
In the said notification, after the third proviso, the following proviso shall be inserted,
namely: –
“Provided also that the amount of late fee payable under section 47 of the said Act
shall stand waived for the months of March, 2020, April, 2020 and May, 2020, and for the
quarter ending 31st March, 2020, for the registered persons who fail to furnish the details of
outward supplies for the said periods in FORM GSTR-1 by the due date, but furnishes the
said details in FORM GSTR-1, on or before the 30th
day of June, 2020.”.

 

https://cbic-gst.gov.in/pdf/central-tax/notfctn-33-central-tax-english-2020.pdf

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CGST Rules (Fourth Amendment) in order to allow opting Composition Scheme for FY 2020-21 till 30.06.2020

Notification No. 30/2020 – Central Tax New Delhi, the 3rd April, 2020

Seeks to amend CGST Rules (Fourth Amendment) in order to allow opting Composition Scheme for FY 2020-21 till 30.06.2020 and to allow cumulative application of condition in rule 36(4).

In exercise of the powers conferred by section 164 of the Central Goods and
Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of
the Council, hereby makes the following rules further to amend the Central Goods and
Services Tax Rules, 2017, namely:-
1. (1) These rules may be called the Central Goods and Services Tax (Fourth Amendment)
Rules, 2020.
(2) Save as otherwise provided, they shall come into force on the date of their publication in
the Official Gazette.

2. In the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said

rules), with effect from the 31st March, 2020, in sub-rule (3) of rule 3, the following proviso
shall be inserted, namely:-
“Provided that any registered person who opts to pay tax under section 10 for the
financial year 2020-21 shall electronically file an intimation in FORM GST CMP-02, duly
signed or verified through electronic verification code, on the common portal, either directly
or through a Facilitation Centre notified by the Commissioner, on or before 30th day of June,
2020 and shall furnish the statement in FORM GST ITC-03 in accordance with the
provisions of sub-rule (4) of rule 44 upto the 31st day of July, 2020.”.
3. In the said rules, in sub-rule (4) of rule 36, the following proviso shall be inserted, namely:-
“Provided that the said condition shall apply cumulatively for the period February,
March, April, May, June, July and August, 2020 and the return in FORM GSTR-3B for the
tax period September, 2020 shall be furnished with the cumulative adjustment of input tax
credit for the said months in accordance with the condition above.”.
[F. No. CBEC-20/06/04/2020-GST]

http://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-30-central-tax-english-2020.pdf

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Due date for filing FORM GSTR-3B for April to September 2020

Notification No. 29/2020 – Central Tax  New Delhi, the 23rd March, 2020

(Note-The above notification further amended vide notification no.36/2020 dt 03.04.2020.Pls see the link at the bottom.)

Seeks to prescribe return in FORM GSTR-3B of CGST Rules, 2017 along with due dates of furnishing the said form for April, 2020 to September, 2020, on or before the twentieth day of the month succeeding such month:

Provided that, for taxpayers having an aggregate turnover of up to rupees five crore rupees in the previous financial year, whose principal place of business is in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep, the return in FORM GSTR-3B of the said rules for the months of April, 2020 to September, 2020 shall be furnished electronically through the common portal, on or before the twenty-second day of the month succeeding such month:

Provided further that, for taxpayers having an aggregate turnover of up to rupees five crore rupees in the previous financial year, whose principal place of business is in the States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi, the return in FORM GSTR-3B of the said rules for the months of April, 2020 to September, 2020 shall be furnished electronically through the common portal, on or before the twenty-fourth day of the month succeeding such month.

https://cbic-gst.gov.in/pdf/central-tax/notfctn-29-central-tax-english-2020.pdf

Link of Notification no.36/2020 dt 03.04.2020shown below.

https://cbic-gst.gov.in/pdf/central-tax/notfctn-36-central-tax-english-2020.pdf

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Due date for furnishing FORM GSTR-1 April,2020 to September, 2020-Aggregate annual turnover of more than 1.5 crore rupees

Notification No.28/2020-Central Tax, dt. 23-03-2020

 

Seeks to prescribe the due date for furnishing FORM GSTR-1 by such class of registered persons having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or the current financial year, for each of the months from April,2020 to September, 2020 till the eleventh day of the month succeeding such month.

 

http://gstcouncil.gov.in/sites/default/files/Notifications-dynamic/notfctn-28-central-tax-english-2020.pdf

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Time period for furnishing details in FORM GSTR-1registered persons having aggregate turnover of up to 1.5 crore rupees

Central Board of Indirect Taxes and Customs Notification No. 27/2020 –

Central Tax New Delhi, the 23rd March, 2020

G.S.R……(E).— In exercise of the powers conferred by section 148 of the Central Goods and
Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act),
the Central Government, on the recommendations of the Council, hereby notifies the
registered persons having aggregate turnover of up to 1.5 crore rupees in the
preceding financial year or the current financial year, as the class of registered persons who
shall follow the special procedure as mentioned below for furnishing the details of outward
supply of goods or services or both.
2. The said registered persons shall furnish the details of outward supply of goods or
services or both in FORM GSTR-1 during the time period as mentioned below.

1 April, 2020 to June, 2020                                     31stJuly, 2020
2 July, 2020 to September, 2020                            31st October, 2020
3. The time limit for furnishing the details or return, as the case may be, under sub-section
(2) of section 38 of the said Act, for the months of April, 2020 to September, 2020 shall be
subsequently notified in the Official Gazette.

http://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-27-central-tax-english-2020.pdf;jsessionid=A547E4F844855D19D884F490770D5242

Clarification on TDS for cash withdrawal above 1 crore

Clarification on applicability of TDS for cash withdrawals above 1 cr

Commissioner of Income tax (media& Technical policy) through press release dated 30.08.2019, clarifies that section  194 N inserted in the Act,is to come into effect from 01.09.2019 and any prior period transaction will not be subject to TDS under said section.However the amendment is with respect to the previous year,calculation of amount of cash withdrawal for triggering deduction under section 194 N of the act shall be counted from first April 2019.

Hence if a person has already with drawn Rs 1 crore or more in cash up to 31.08.2019 from one or more accounts maintained in a banking company, post office or co-op bank or a post office,the 2%TDS will apply on all subsequent cash withdrawals.

 

press release dt 30.08.19 by Commisioner of Income tax,(media& Technical policy) official spokesperson,CBDT,Dept of Revenue,MOF,GOI

GST Annual Return Filing last date extended

GST Annual Return Filing last date extended.

For the FY 2017-18 the last date to file GST Annual Return is extended to 30/11/2019.

Please note that the last date to file Annual Return for the FY 2018-19 is 31/12/2019.

Also note that the last date for claiming ITC for the FY 2018-19 is 30/9/2019.

 

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DIRECT TAX CODE

DIRECT TAX CODE KEY RECOMMENDATIONS

In November 2019 the Government constituted a task force to draft new direct tax laws in consonance with economic needs of the country.

The task force has submitted following recommendations in respect of new Income Tax law:

1.Incentives for start-ups

The report has suggested that the tax treatment for start-ups should be separated with an emphasis on reducing         litigation.

2.Change in reassessment rules

Various changes in the current provisions of section 147 and 148 has been suggested to empower the Assessing            Officers to re-open the assessments. It is recommended to increase the threshold limit for re-opening of cases.

3.Abolish Dividend Distribution Tax [DDT]

Tax should be levied in the hands of shareholders instead of levying DDT on companies.

4.Reduced 25% tax rates or all corporates

The existing tax rates for a domestic company and a foreign company are 30% and 40% respectively. It is                       recommended to reduce the tax rates for all the corporates to 25%.

5. New slab rate for persons having income up to Rs.50 lakh

The task force has recommended to introduce a new slab for those earning up to Rs. 50 lakhs so as to grant relief         to individual tax payers.

6. Assessment units should conduct assessment instead of Assessing Office

The task force has proposed to replace the word ‘Assessing officer’ with ‘Assessment Units’ in the new Income-tax laws.
7.Functional units would be established based on IRS officer sectorial specialisation
  The task force has recommended to establish the functional units based on sector-wise specialisation of IRS officers. The functional units will carry out transfer ricing assessment and handle industry specific tax matters.
8. Litigation management unit to manage tax litigation process
      The Task force has recommended to establish a separate litigation management unit to manage the entire tax litigation process.
9. Taxpayer would be able to approach CBDT for clarification
   The task force has recommended to introduce the concept of ‘public ruling’ whereby taxpayers can approach CBDT for clarification on controversial tax matters.

10.Branch profit tax on repatriation of funds by foreign companies to foreign headquarters
      Foreign companies will have to pay branch profit tax in addition to normal tax on repatriating funds to foreign headquarters.
11. Penal of mediators for settlement of the tax disputes
     The task force has recommended to form a penal of ‘mediators’ who would assist in negotiation between tax department and the taxpayers for the settlement of tax disputes.
12. Transfer pricing assessment would be carried out by separate functional unit
      Transfer pricing assessment will be carried out by functional unit.
13. No inheritance tax
      The task force has also not recommended to levy inheritance tax.
14. Video recording of statements
      This will help dept. to have evidence that no pressure or coercion was applied on person while recording the statement.
15. Restructuring of MAT provisions
       Those companies whose tax  on total income is less than 18.5% of book profit should pay Minimum Alternate  Tax [MAT].
16. Artificial intelligence for tax compliance
      It has been proposed to introduce collaborative compliance in direct tax administration which will integrate data from banks, financial institutions and GST network.
17. Abolish tax on long-term capital gain arising from transfer of listed securities
     The Finance Act, 2018 has withdrawn the exemption under section 10(38) of the Income-tax Act, 1961 and has introduced a new section 112A which provides that long-term capital gains (LTCG) arising from transfer of a long-term capital asset, being an equity shares or specified units, shall be taxable at the rate of 10% if such capital gains exceed Rs. 1 lakh. The task force has recommended to remove such tax in the new Income-tax law.

 

 

REGISTRATION PROCEDURE IN KERALA FLOOD CESS PAYMENT

REGISTRATION PROCEDURE IN KERALA FLOOD CESS PAYMENT

Kerala Flood Cess has been implemented with effect from 01/08/2019. The tax payer’s who are liable to collect need to pay the Cess amount along with the return for the month of August 2019 and to be filed in September 2019.

No option is found provided as on date in GSTR-3B Return for the payment of Kerala Flood Cess. Hence, a separate module/ link has been developed for the above purpose. The Kerala Flood Cess payment link is provided in the website of Kerala State GST Department ” www.keralataxes.gov.in “. In order to file Kerala Flood Cess return {Form KFC- A}, the tax payers have to create user credentials to login to the Kerala Flood Cess Portal provided in the website. For this purpose the tax payer shall visit the above website { ” www.keralataxes.gov.in ” } and click on ” Kerala Flood Cess” link provide there.

Link

https://keralataxes.gov.in/wp-content/uploads/2019/04/GO-P-80-19_Kerala-Flood-Cess-Rules.pdf

 

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GSTR-3B – July 2019 due date extended

GSTR-3B – July 2019 due date extended

As per CBIC Notification number 37/2019 dated 21/08/2019 the due date is extended to 22/08/2019  leaving relief for two days.

For flood affected districts in Kerala namely Malappuram, Idukki, Kozhikode, Wayanad the due date is extended to 20/09/2019.

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