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CBEC issues notification for TDS applicability, registration exemption and GSTR-3B due dates

Rinav Ashok Khakhar , Last updated: 19 September 2017  
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Government has issued following latest Notifications in respect of TDS applicability, exemption from taking registration and notifying due dates for filing of GSTR-3B. The summary of the said Notifications is stated below:

Notification No. 32/2017-Central Tax dated 15th September 2017 & Notification No. 08/2017-Integrated Tax dated 14th September 2017:

The Central Government grants an exemption to a casual taxable person making supplies of handicraft goods from the requirement to obtain registration under the aforesaid Act; if it fulfils following criteria:

Aggregate value of such supplies, to be computed on all India basis, does not exceed an amount of Rs. 20 Lakhs in a financial year in case of normal category States and Rs. 10 Lakhs in case of Special Category States, other than the State of Jammu and Kashmir.

The list of the products falls under the definition of 'handicraft goods' is published in the said Notifications.

However, they shall be required to obtain a Permanent Account Number and generate an E-way bill in accordance with the provisions of Rule 138 of the Central Goods and Services Tax Rules, 2017. The

Notification No. 33/2017-Central Tax dated 15th September 2017:

Government notify the 18.09.2017 as an appointed day on which TDS provisions stated u/s 51 of CGST Act, 2017 shall come into force. W.e.f. from the said date, following entities need to deduct TDS while making payment to supplier; if the total value of supply under contract exceeds Rs. 2,50,000/-.

  1. a department or establishment of the Central Government or State Government;
  2. local authority

However, Government will notify soon the effective date for deducting TDS by the below mentioned entities:

a. Governmental agencies

b. An authority or a board or any other body:

i. set up by an Act of Parliament or a State Legislature; or
ii. established by any Government, with 51% or more participation by way of equity or control, to carry out any function
iii. society established by the Central Government or the State Government or a Local Authority under the Societies Registration Act, 1860 (21 of 1860)
iv. public sector undertakings

Means the aforesaid entities are not yet required to deduct TDS; Government notifies effective date later on for the aforesaid specified person.

Notification No. 34/2017-Central Tax dated 15th September 2017:

Government has made certain changes in 'Composition Rules' as given under CGST Rules, 2017. Major changes are stated as under:

1. Person who has been granted registration on a provisional basis or who has applied for registration under sub-rule (1) of rule 8 may opt to pay tax under section 10 with effect from the 01.10.2017 by electronically filing an intimation in FORM GST CMP-02, on the common portal either directly or through a Facilitation Centre notified by the Commissioner, before the said date and shall furnish the statement in FORM GST ITC-03 within a period of 90 days from the said date.

2. Every registered person who has submitted a declaration electronically in FORM GST TRAN-1 within the time period specified in rule 117, rule 118, rule 119 and rule 120 may revise such declaration once and submit the revised declaration in FORM GST TRAN-1 electronically on the common portal within the time period specified in the said rules or such further period as may be extended by the Commissioner in this behalf.

Notification No. 35/2017-Central Tax dated 15th September 2017:

Government has notified following due dates for filing GSTR-3B for the upcoming months. Due dates chart is as follows:


Sr. No.

Month

Due date

1

August'17

 

2

September'17

 

3

October'17

 

4

November'17

 

5

December'17

 

Notification No. 07/2017-Integrated Tax dated 14th September 2017:

Government grants exemption from taking registration to job-workers making an inter-State supply of services to a registered person from the requirement of obtaining registration. However, the said exemption will not be applicable to following persons:

1. Who are required to take compulsory registration u/s 22(1) or has taken voluntary registration.

2. Who is involved in making supply of services in relation to the goods mentioned against serial number 151 in the Annexure to Rule 138 of the CGST Rules, 2017 i.e. Jewellery, goldsmiths' and silversmiths' wares and other articles. (Chapter 71)

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Published by

Rinav Ashok Khakhar
(Tax Lawyer)
Category GST   Report

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