GST updates on ITC credit and revocation of order of cancellation of registration

Update Category: Manner of Utilisation of GST ITC and Process for revocation of order for cancellation of registration
Update Source: CBIC Portal - Notification and Orders
Release No.: TM/GST/030 dated 24th April 2019\

CBIC has recently issued few notifications under CGST and IGST as well as has issued few Circulars clarifying some issues. We bring to you the summary of such notifications -

Let us analyze the provisions of the notification and circular issued in a summarized manner.

A. Clarification in respect of utilization of ITC under GST - Circular No 98/17/2019 - GST dated 23rd April, 2019

Section 49 was amended and Section 49A and Section 49B were inserted vide CGST Tax (Amendment) Act, 2018 with effect from 1st February 2019.

Based on the representations received from the trade and industry regarding challenges being faced by taxpayers due to bringing into force of section 49A of the CGST Act, 2017, that this is resulting in accumulation of input tax credit for one kind of tax (say State tax) in electronic credit ledger and discharge of liability for the other kind of tax (say Central tax) through electronic cash ledger in certain scenarios.

Note - Utilization of CGST/SGST/UTGST shall be allowed only when ITC for IGST has been first utilized in full.

Rule 88A was inserted in the CGST Rules, 2017 vide notification No. 16/2019- Central Tax, dated 29th March, 2019.

Rule 88A in the CGST Rules allows utilization of input tax credit of Integrated tax towards the payment of Central tax and State tax, or as the case may be, Union territory tax, in any order subject to the condition that the entire input tax credit on account of Integrated tax is completely exhausted first before the input tax credit on account of Central tax or State / Union territory tax can be utilized.

Example -

Amount of ITC available and Output Tax Liability under different tax heads -

Option - I

Option - 2

Presently, the GSTN common portal supports the order of utilization of input tax credit in accordance with the provisions before implementation of the provisions of the CGST (Amendment) Act i.e. pre-insertion of Section 49A and Section 49B of the CGST Act.

Till the new order of utilization as per newly inserted Rule 88A of the CGST Rules is implemented on the GSTN common portal, taxpayers may continue to utilize their input tax credit as per the functionality available on the GSTN common portal

Link to download the Circular:

http://www.cbic.gov.in/resources//htdocs-cbec/gst/Circular-98-17-2019-GST.pdf;jsessionid=5C86BF5CACA8F48A3CB8EF250F9661C5

B. Amendment to provisions of Revocation of Cancellation of Registration - Notification No 20/2019 - Central tax and Circular No 99/18/2019 dated 23^rd April 2019

Provisions of Rule 23 of the CGST Rules, 2017 provides for procedure for Revocation of Cancellation of registration. It lays down the procedural guidelines to be followed in this case. However, the provisions did not provide for any timeline for filing of returns before filing application for revocation of cancellation.

The proposed amendment in Rule 23 of the CGST Rules, 2017 provides as under  -

1. The person whose registration has been cancelled shall file all returns due, within a period of thirty days from the date of order of revocation of cancellation of registration, for the period from the date of the order of cancellation of registration till the date of the order of revocation of cancellation of registration.  

2. The person whose registration has been cancelled from retrospective date, he shall file all returns due (from the period of effective date of registration), within a period of thirty days from the date of order of revocation of cancellation of registration, for the period from the effective date of cancellation of registration till the date of the order of revocation of cancellation of registration.

Link to download the Circular:

http://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-20-central-tax-english-2019.pdf;jsessionid=C64F80F8281ADBDA00B885BA87919EE7

C. Removal of Difficulty Order for revocation of order for cancellation - Circular No 99/18/2019 - GST dated 23rd April, 2019

1. section 29 of the CGST Act empowers the officer to cancel the registration (including from a retrospective date). Thus registration may have been cancelled either from the date of order of cancellation of registration or from a retrospective date due to non-furnishing of return in Form GSTR 3B (Regular tax Payers) or Form GSTR 4  (For composition tax payers).
2. As per provisions Rule 23 of the CGST Rules, 2019, the person whose registration is cancelled has to apply for revocation of registration of cancellation within 30 days of such cancellation. Large number of people could not apply for revocation within 30 days.
3. An one time opportunity is provided to all such cases where order for cancellation has been passed up to 31^st March, 2019, may apply for revocation on or before 22^nd July 2019.

Link to download the Circular:

http://www.cbic.gov.in/resources//htdocs-cbec/gst/Circular-99-18-2019-GST.pdf;jsessionid=020DFCE9E38B038E8D5A14570BCD8E32

Note: This is for information only. For exact details of changes, the notification/Circular may please be referred to, as and when they are issued