Extension of validity of E-way bills
CBIC earlier vide Notification no. 35/2020 dated 3rd April, 2020 extended the period of validity till 30th April, 2020 for e-way bill validity expires during the period 20th day of March, 2020 to 15th day of April, 2020.
Now CBIC videNotification No. 40/2020- Central Tax dated 5thMay 2020Provided that where an e-way bill has been generated on or before the 24th day of March, 2020 and its period of validity expires during the period 20thday of March, 2020 to the 15th day of April, 2020, the validity period of such e-way bill shall be deemed to have been extended till the 31st day of May, 2020.
Extension of due date of Annual Return &Reconciliation Statement for the FY 2018-19
CBIC vide Notification No. 41/2020- Central Tax dated 5thMay 2020 has extended the time limit for furnishing of the annual return in Form 9 and Reconciliation Statement in Form 9C specified under section44 of the said Act read with rule 80 of the said rules, electronically through the common portal, for thefinancial year 2018-2019 till the 30th September, 2020.
Verification of filing of Form 3B through EVC
Considering the difficulty faced by registered taxpayers in applying DSC, CBIC videNotification No. 38/2020- Central Tax dated 5thMay 2020has provided that a registered person registered under the provisions of the Companies Act, 2013 (18 of 2013) shall, during the period from the 21st day of April, 2020 to the 30th day of June, 2020, also be allowed to furnish the return under section 39 in FORM GSTR-3B verified through electronic verification code (EVC)i.e One time password.
Amendment in CGST Rules to allow filing of Nil Return (GSTR-3B) through SMS
The Central Government vide Notification No. 38/2020- Central Tax dated 5th May, 2020has inserted Rule 67A( Manner of furnishing of return by short messaging service facility)with effect from a date to be notified laterin the CGST Rules,2017 to allow the registered person to furnish a Nil return in FORM GSTR-3B for a tax period, through a short messaging service(SMS) using the registered mobile number and the said return shall be verified by a registered mobile number based One Time Password facility(OTP).
Explanation. – For the purpose of this rule, a Nil return shall mean a return under section 39 for a tax period that has nil or no entry in all the Tables in FORM GSTR-3B.”.
Amendments to special procedure for corporate debtors undergoing the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016.
The Central Government vide Notification No. 39/2020- Central Tax dated 5th May, 2020 has made the following amendments in Notification No. 11/2020- Central Tax dated 21st March 2020., wherein special procedures to be followed by the corporate debtors under the provisions of the Insolvency and Bankruptcy Code, 2016 was provided, as under:-
- The corporate debtors who have furnished GSTR-1 & GSTR-3B for all the tax periods prior to the appointment of IRP/RP have been excluded from following the special procedures as specified in the earlier notification.
- Thosecorporate debtor who are to be treated as distinct person & liable to take a new registration (hereinafter referred to as the new registration) in each of the States or Union territories where the corporate debtor was registered earlier, shall be liable totake new registration within:-
- thirty days of the appointment of the IRP/RP
- or by 30th June, 2020, whichever is later:.”.
Extension of due date for furnishing FORM GSTR-3B for the taxpayers registered in Ladakh.
The Central Government videNotification No. 42/2020- Central Tax dated 5th May, 2020hasfurtherprovided/extended the due dates of furnishing of the following Formsfor registered personswhose principal place of business is in the Union territory of Jammu and Kashmir or the Union territory of Ladakh as under:-
|Due Date (as extended)
|FORM GSTR-3B (Form to furnish monthly summary of data)
(For registered persons having principal place of business in the Union territory ofJammu & Kashmir)
|For each of the monthsof :-
November,2019; December,2019;January,2020; February,2020
24th March, 2020
|FORM GSTR-3B (Form to furnish monthly summary of data)
(For registered persons having principal place of businessin the Union territory of Ladakh )
|For each of the monthsof :-
24th March, 2020
20th May, 2020
Clarification in respect of certain challenges faced by the registered persons in implementation of provisions of GST Laws
The Central Government vide Circular No. 138/08/2020-GST dated 6th May,2020, has issued clarifications in respect of certain challenges that are being faced by taxpayers in adhering to the compliance requirements under various provisions of the CGST Act. An extract of the same has been reproduced below:-
|Issues related to Insolvency and Bankruptcy Code, 2016
|It has been represented that the IRP/RP are facing difficulty in obtaining registrations during the period of the lockdown and have requested to increase the time for obtaining registration from the present 30 days limit.
|Vide notification No. 39/2020-Central Tax, dated 05.05.2020, the time limit required for obtaining registration by the IRP/RP has been extended to the later of:-
within thirty days of the appointment of the IRP/RP
or by 30th June, 2020,.
|Clarification has been sought whether IRP would be required to take a fresh registration even when they are complying with all the provisions of the GST Law under the registration of Corporate Debtor (earlier GSTIN) i.e. all the GSTR-3Bs have been filed by the Corporate debtor / IRP prior to the period of appointment of IRPs and they have not been defaulted in return filing.
|Vide notification No. 39/2020 – Central Tax, dated 05.05.2020 it is clarified that IRP/RP would not be required to take a fresh registration in those cases where statements in FORM GSTR-1 under section 37 and returns in FORM GSTR-3B under section 39 of the CGST Act, for all the tax periods prior to the appointment of IRP/RP, have been furnished under the registration of Corporate Debtor (earlier GSTIN).
|Another doubt has been raised that the present notification has used the terms IRP and RP interchangeably, and in cases where an appointed IRP is not ratified and a separate RP is appointed, whether the same new GSTIN shall be transferred from the IRP to RP, or both will need to take fresh registration.
|i. In cases where the RP is not the same as IRP, or in cases where a different IRP/RP is appointed midway during the insolvency process, the change in the GST system may be carried out by an amendment in the registration form. Changing the authorized signatory is a non- core amendment and does not require approval of tax officer. However, if the previous authorized signatory does not share the credentials with his successor, then the newly appointed
person can get his details added through the Jurisdictional authority as Primaryauthorized signatory.ii. The new registration by IRP/RP shall be required only once, and in case of any change in IRP/RP after initial appointment under IBC, it would be deemed to be change of authorized signatory and it would not be considered as a distinct person on every such change after initial appointment. Accordingly, it is clarified that such a change would need only change of authorized signatory which can be done by the authorized signatory of the Company who can add IRP /RP as new authorized signatory or failing that it can be added by the concerned jurisdictional officer on request by IRP/RP.
|Other COVID-19 related representations.
|As per Notification No. 40/2017–Central Tax (Rate) dated 23.10.2017,
a registered supplier is allowed to supply the goods to a registered recipient (merchant exporter) at 0.1% provided, inter-alia, that the
merchant exporter exports the goods within a period of ninety days from the date of issue of a tax invoice by the registered supplier. Request has been made to clarify the provision vis-à-vis the exemption provided vide notification no. 35/2020-Central Tax dated 03.04.2020.
|i. Vide notification No. 35/2020–Central Tax dated 03.04.2020, time limit for
compliance of any action by any person which falls during the period from 20.03.2020 to 29.06.2020 has been extended up to 30.06.2020, where completion or compliance of such action has not been made within such time.ii. Notification no. 40/2017–Central Tax (Rate) dated 23.10.2017 was issued under powers conferred by section 11 of the CGST Act, 2017. The exemption provided in notification No. 35/2020-Central Tax dated 03.04.2020 is applicable for section 11 as well.iii. Accordingly, it is clarified that the said requirement of exporting the goods by the merchant exporter within 90 days from the date of issue of tax invoice by the registered supplier gets extended to 30th June, 2020, provided the completion of such 90 days period falls within 20.03.2020 to 29.06.2020.
|Sub-rule (3) of that rule 45 of CGST Rules requires furnishing of FORM GST ITC-04 in respect of goods dispatched to a job worker or received from a job worker during a quarter on or before the 25th day of the month succeeding that quarter. Accordingly, the due date of filing of FORM GST ITC-04 for the quarter ending March, 2020 falls on 25.04.2020. Clarification has been sought as to whether the extension of time limit as provided in terms of notification No. 35/2020-Central Tax dated 03.04.2020 also covers furnishing of FORM GST ITC-04 for quarter ending March, 2020.
|Time limit for compliance of any action by any person which falls during the period from 20.03.2020 to 29.06.2020 has been extended up to 30.06.2020 where completion or compliance of such action has not been made within such time. Accordingly, it is clarified that the due date of furnishing of FORM GST ITC-04 for the quarter ending March, 2020 stands extended up to 30.06.2020.
Provisional Clearance of Goods under India’s Trade Agreements
In reference to Circular 18/2020-Customs, dated 11.04.2020, which provides an option to clear goods under preferential tariff claim, in terms of section 18 of the Customs Act, 1962,where a Certificate of Origin (CoO) is not available at the time of filing customs documents, the Central Board of Indirect Taxes & Customs, videInstruction No. 04/2020 – Customs dated 4th May,2020, has issued instructions that thatwhere original hard copy of Certificate of Origin (CoO) has not been submitted or only digitally signed copy or unsigned copy of CoO is submitted, same may be treated at par with category as listed at serial no. 5(c) of the Circular 38/2016-Customs, provided that the matter is not covered under 5(a), wherein there is reasonable belief that the it involves mis-declaration of origin/value addition.