Key updates on GST 2020

www.carajput.com; GST

Key updates on GST- Compliance 2020

Background

Adhering to tax-related compliance introduced by the Indian government is obligatory for taxpayers in India. Failure to comply with the due dates for filing GST returns as well as the GST rules which result in the government imposing severe penalties on taxpayers in India.

The tax compliances have experienced a complete improvement in the last 6 months. Given the prevailing Coron-19 pandemics, the entire compliance schedule has been changed.

It is not only about income tax but also about GST. We’ve been reviewing income tax compliances over the past week and now we’re going to cover compliances that need to be completed by August 31 to escape fines and late fees.

Tax compliance was difficult, especially during the COVID period, when human health and safety were of primary importance. All the GST compliance requirements, the deadlines for which are August 31, 2020, are given below.

GST Milestones expiring 31 August 2020

Many deadlines for GST implementation expired on August 31, 2020. To prevent late payments and fines, it is important to recall those due dates and to file the returns. Let’s see which time-limit expires on August 31, 2020.

After taking into account the notifications the final deadlines will be as follows:

2 Yr  from the prescribed date falls between Final due date to submit a refund application
1st January 2020 to 19th March 2020 The respective day between 1st January 2020 to 19th March 2020
20th March 2020 to 31st March 2020 31st August 2020

Due to COVID 19 Situation and after Hon’ble FM Ms. Nirmala Sitharaman Ji “Corona is an act of God” and business loss now is the time to avoid late Fee, Interest, and Penalties.

Deadlines are as under:

·Refund Application FY 2017-18: Online thru Form GST RFD-01

·GSTR-4 (FY 2019-20): Filed by Composition Taxable Person (Notification No. 59/2020).

·GSTR-5: Filed by Non- Resident taxable person.

·ITC 04: ITC-04 is related to job worker and submitted by the principal every quarter. The last date of ITC 04 of the 4th quarter of 2019-20 and the first quarter of 2020-21 is 31st August 2020. (Notification No. 55/2020 dated 27.06.2020).

·As per Notification No. 55/2020 dated 27.06.2020, the due date for the month of March 2020 to July 2020 is extended to 31st August 2020 (Point No. 5 to 9).

·GSTR-5A: Filed by OIDAR service providers.

·GSTR-6: Filed by Input Service Distributors (ISD).

·GSTR-7: Filed by TDS deductor.

·GSTR-8: Filed by E-commerce Operator.

Letter of Undertaking (LUT) FY 2020-21: Notification No. 55/2020 Letter of Undertaking (LUT) is a document that exporters can file to export goods or services without having to pay taxes. Any registered individual will be able to supply LUT in GST RFD 11 type and export products without paying the integrated fee.

Other related GST compliances (except few provisions covered in the exclusion clause of N.N 55/2020-CT dated 27.06.2020) falls during the period 20.03.2020 to 30.08.2020 and which has not been made.

As per the latest notification released on December 26, 2019, provisional ITC has now been restricted to 10% instead of 20% of the eligible ITC (as per 2A). The new restriction has come into effect from January 1, 2020.

It is important to complete ITC matching in order to claim accurate provisional ITC before filing GSTR 3B. Should you happen to cross the limit, it will result in legal repercussions & heavy tax penalty (up to 24%)

How should you tackle this?

– Reconcile your GSTR 2A & Purchase register every month.

– Communicate the mismatches to your vendors.

– Claim only the matched transaction’s ITC in your 3B.

– Keep a proper track of ITC’s pertaining to Quarterly Filing vendors to claim later.

To help you with this complex & heavily manpower driven activity, Rajput Jain and associates have come up with an advanced reconciliation tool to keep you afloat of all the possible discrepancies & help you claim the right amount of ITC.

More updates:-Commerces Platform under GST

More updates:Composition levy scheme under GST

E-Invoicing: E-Invoicing is soon becoming necessary, We built a knowledge pool for fast integration. Details are an attached post :

Details about the E- Invoices 

Applicability of E-invoice Framework for GST

Complete coverage about online information Database access or retrieval(OIDAR)

Basic details of Invoice registration Portalirp on GST

Moving to the September GST compliance timeline, here is a detailed description of our September compliance calendar:

www.carajput.com; GST Planner

GST Returns Application late fee

www.carajput.com; GSTR-4 Late Fees

The late fee according to the GST Act is Rs. 100 a day per statute. So it’s under CGST 100 and under SGST 100. Max is Rs. 200 / day. The maximum amount is Rs 5,000/-. No late fees are paid on IGST.

Submission of return is mandatory under GST. And if there is no trade, you will have to file a refund from Zero. You can not file a return until you register the return of the previous month/quarter.

Late filing of GST return would also have a cascading impact and will lead to heavy fines and penalties. The GSTR-1’s late filing fee is deposited in GSTR-3B ‘s liability ledger directly after such a delay.

Interest / Late Fee to be paid

The interest per annual is 18 percent. It must be based on the amount of outstanding tax owed by the taxpayer. It is to be calculated at the time of payment on the Net tax liability identified in the ledger. The time span is from the next day after filing due date to the final payment date.

Prosecution in GST

www.carajput.com; GST Prosecution

 

Penal provisions of the Central Goods and Services Tax Act 2017 prevails over the Code of Criminal Procedure for GST frauds

The Honourable Bombay High Court, Tejas Pravin Dugad v. UOI  dismissed the written petition filed by the Directors of M/s. Ganraj Ispat Private Limited challenging proceedings initiated by the Dept alleging fraudulent use of ITC on the basis of a counterfeit invoice held that the special provisions of the Central Goods and Services Tax Act, 2017 prevailed over the provisions of the CPC 1973 and it cannot be said that all the provisions of the CPC, 1973 [Order No. Criminal Writ Petition No. 1715 to 1718 of 2020, decided on 15 January 2021]

GST Audit Due date extended
Press Note regarding extension of due date for furnishing of Annual Returns GSTR-9 and GSTR-9C for the FY 2019-20 to March 31, 2021.

So here is the expectation that the compliances will be completed before all these extended due dates.

Compliance Calendar for March-2021. 

Applicability of new provision from April 2021

Statutory Compliance Calendar for August 2021

S. No. Statue Purpose Event Details Compliance Period Original date Extended Date
1. Ministry of Corporate Affairs All forms  forms that are to be filed between the period of 1st April 2021 and 31st July 2021 Ministry of Corporate Affairs issued a notification stating that the forms that are to be filed between the period of 1st April 2021 and 31st July 2021 can be filed by 31st August 2021. FY 2020-21 01.04.2021 to 31.07.2021 31-Aug-2021
2. Labour Law Providend Fund / ESI Due Date for payment of Provident fund and ESI contribution for the previous month. Jul-21 15-Aug-2021 15-Aug-2021
3. GOODS AND SERVICES TAX GSTR-1 1.Registered person, with aggregate turnover of less than Rs 5 Cr during last year, opted for monthly filing of return under QRMP2. GST Filing of returns by registered person with aggregate turnover exceeding INR 5 Crores during last Year. July, 2021 11-Aug-2021 11-Aug-2021
4. GOODS AND SERVICES TAX Details of outward supply-IFF Invoice furnishing facility for July, 2021 is available for registered person with turnover less than Rs. 5 Cr & opted for quarterly filing of return. Jul-21 13-Aug-2021 13-Aug-2021
5. GOODS AND SERVICES TAX GSTR -6 Due Date for filing return by Input Service Distributors. Jul-21 13-Aug-2021 13-Aug-2021
6. GOODS AND SERVICES TAX GSTR – 3B Due Date for filling GSTR – 3B return for the month of July, 2021 for the taxpayer with Aggregate turnover exceeding INR 5 crores during previous year July, 2021 20-Aug-2021 20-Aug-2021
7. GOODS AND SERVICES TAX GSTR -5 GSTR -5 to be filed by Non-Resident Taxable Person for the previous month. Jul-2021 20-Aug-2021 20-Aug-2021
8. GOODS AND SERVICES TAX GSTR -5A GSTR -5A to be filed by OIDAR Service Providers for the previous month. Jul-2021 20-Aug-2021 20-Aug-2021
9. GOODS AND SERVICES TAX GSTR – 3B-X State* Due Date for filling GSTR – 3B return for the month of July, 2021 for the taxpayer with Aggregate turnover upto INR 5 crores during previous year and who has opted for monthly filing of GOODS AND SERVICES TAXR-3B Jul-2021 22-Aug-2021 22-Aug-2021
10. GOODS AND SERVICES TAX GSTR – 3B-Y State** Due Date for filling GSTR – 3B return for the month of July, 2021 for the taxpayer with Aggregate turnover upto INR 5 crores during previous year and who has opted for monthly filing of GOODS AND SERVICES TAXR-3B Jul-2021 24-Aug-2021 24-Aug-2021
11. GOODS AND SERVICES TAX GSTR Challan payment if no sufficient ITC available GOODS AND SERVICES TAX Challan Payment for taxpayer, with aggregate turnover of less than INR 5 Crores during preceeding year, who has opted for quarterly filing of returns. Jul-2021 25-Aug-2021 25-Aug-2021
12. GOODS AND SERVICES TAX GST return for pending Period-Amensty Scheme Filing of Pending GOODS AND SERVICES TAX return with reduced penalty under Amensty Scheme July, 2017 to April, 2021 01.6.2021 to 31.08.2021 31-Aug-2021
13. GOODS AND SERVICES TAX GSTR -7- TDS return under GOODS AND SERVICES TAX GSTR 7 is a return to be filed by the persons who is required to deduct TDS (Tax deducted at source) under GOODS AND SERVICES TAX. Jul-2021 10-Aug-2021 10-Aug-2021
14. GOODS AND SERVICES TAX GSTR -8- TCS return under GOODS AND SERVICES TAX ACT GSTR -8 is a return to be filed by the e-commerce operators who are required to deduct Tax collected at source) under GOODS AND SERVICES TAX. Jul-2021 10-Aug-2021 10-Aug-2021
15. Income Tax Tax deduction at source challan cum statement Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA, 194-IB, 194M for the month of July, 2021 Jul-2021 30-Aug-2021 30-Aug-2021
16. Income Tax Payment of tax under vivad se vishwas scheme Vivad se Vishwas Scheme – Settling tax disputes between individuals and the income tax department. Payment under this scheme last date was extended to 30th June, 2021wihtout late fee (vide Notification S.O. 1704 (E), dated 27-04-2021), it is further extended from 30th June, 2021 to 31st August, 2021without additional charge (vide Circular no. 12/2021, dated 25-06-2021) 30-06-2021 31-Aug-2021
17. Income Tax Filing of declaration in Form 15G/15H Upload the declarations received from recipients in Form No. 15G/15H during the quarter ending June, 2021. The due date for uploading declarations has been extended from July 15, 2021 to August 31, 2021 vide Circular no. 12/2021, dated 25-06-2021 Q1 FY 2021-22 15-Jul-2021 31-Aug-2021
18. Income Tax Tax deduction at source/ tax collected at source Liability Deposit Due date of depositing Tax deduction at source/ tax collected at source liabilities for previous month. Jul-2021 7-Aug-2021 7-Aug-2021
19. Income Tax Tax deduction at source/ tax collected at source Liability Deposit Due date of depositing Tax deduction at source/ tax collected at source liabilities for the period April to June for quarterly deposit of TDS under section 192, 194A, 194D or 194H Jul-2021 7-Aug-2021 7-Aug-2021
20 Income Tax TDS Certificate Due date for issue of Tax Deduction at source Certificate for tax deducted under section 194-IA, 194-IB and 194M in the month of April, 2021 Jul-2021 14-Aug-2021 14-Aug-2021
21. Income Tax TDS Certificate Quarterly Tax deduction at source certificate (in respect of tax deducted for payments other than salary) for the quarter ending June 30, 2021 Q1 FY 2021-22 15-Aug-2021 15-Aug-2021
22. Income Tax Furnishing Form 24G Due date of furnishing of Form 24G by an office of the Government where Tax deduction at source/ tax collected at source  for the month of July, 2021 has been paid without the production of a challan Jul-2021 15-Aug-2021 15-Aug-2021
23 Others Registration on Udyam Portal Ministry of Micro, Small and Medium Enterprises’ registered prior to 30th June 2020, there MSME registration shall remain valid only up to 31st March, 2021, i.e., after this date it is mandatory for each and every enterprise to register itself on Udyam portal. 1st April, 2021 onwards 01-04-2021 onwards
*Note 1: Not Opting for QRMP Scheme- Due Date for filling GOODS AND SERVICES TAXR – 3B with Annual Turnover up to 5 Crore in State 1 Group (Tamil Nadu, Telangana, Andhra Pradesh, Daman & Diu and Dadra & Nagar Haveli, Gujarat, Maharashtra, Karnataka, Goa, Kerala,  Lakshadweep, Puducherry, Andaman and Nicobar Islands, Chhattisgarh, Madhya Pradesh)

**Note 2: Not Opting for QRMP Scheme- Due Date for filling GOODS AND SERVICES TAXR – 3B with Annual Turnover up to 5 Crore in State 2 Group (Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Punjab, Uttarakhand, ,  Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Haryana, Rajasthan, Meghalaya, Assam, West Bengal, Himachal Pradesh, Uttar Pradesh, Bihar, Sikkim, Delhi).

GST Return compliances calendar- Nov 2020

Salient features of new GST system in india

Key points of 42nd GST council Meeting headed By FM N. Sitharaman

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Rajput Jain & Associates is a Chartered Accountants firm, with it's headquarter situated at New Delhi (the capital of India). The firm has been set up by a group of young, enthusiastic, highly skilled and motivated professionals who have taken experience from top consulting firms and are extensively experienced in their chosen fields has providing a wide array of Accounting, Auditing, Taxation, Assurance and Business advisory services to various clients and their stakeholders. Rajput jain & Associates, a professional firm, offers its clients a full range of services, To serve better and to bring bucket of services under one roof, the firm has merged with it various Chartered Accountancy firms pioneer in diversified fields. We have associates all over India in big cities. All our offices are well equipped with latest technological support with updated reference materials. We have a large team of professionals other than our Core Team members to meet the requirements of our prospective clients including the existing ones. However, considering our commitment towards high quality services to our clients, our team keeps on growing with more and more associates having strong professional background with good exposure in the related areas of responsibility.

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