Important Updates and Due Date Compliances under GST for July 2022

Compliance timelines in July 2022

List 1 States - Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana or Andhra Pradesh or the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands and Lakshadweep List 2 States - Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha or the Union territories of Jammu and Kashmir, Ladakh, Chandigarh and Delhi. Updates in the month of June/ July 2022

1. CBIC issues procedures relating to sanction, post audit and review of refund claims

It has been observed by the CBIC that in several case, speaking orders are not issued where refund is sanctioned in full. For ensuring uniformity in procedure and enabling effective monitoring of refund, CBIC has issued detailed procedures for sanction, post audit and review of refund claims under GST. Further, the post audit shall be conducted only for refund claims amounting to Rs. 1 lakh or more and it would be concluded within 3 months from the date of issue of FORM GST RFD-06 order. (Instruction No. 03/2022-GST dated June 14th, 2022)

2. Operational Creditors must furnish copies of GSTR-1, GSTR-3B, and e-way bill along with CIRP plea u/s 9 of IBC Act, 2016

IBBI has notified the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations, 2022. The new regulation 2B has been inserted requiring the operational creditor to furnish copies of Form GSTR-1 & Form GSTR-3B and a copy of the e-way bill along with their petition u/s 9 of the IBC, 2016. These provisions shall however not apply to those operational creditors who do not require registration and to those goods and services which are not covered under any law relating to GST. (Notification No. IBBI/2022-23/GN/REG084, Dated: 14.06.2022)

3. CBIC notifies exchange rates effective from June 17th, 2022

The Central Board of Indirect Taxes and Customs has notified the rate of exchange of conversion of the foreign currencies into Indian currency or vice versa, with effect from 17th June 2022, for import and export of goods. In this regard, notification has been issued in supersession of Notification No.49/2022-Customs (N.T.), dated June 2nd, 2022. (Notification No.51 /2022 -Customs (N.T.) dated June 16th, 2022)

4. GSTN Advisory on resolution of problem of duplicate invoices appearing in GSTR 2B of April and May 2022 and generation of correct GSTR 2B

GSTN had issued an advisory which was appearing as a rolling ticker on its website. As per the advisory, it said that “Few taxpayers (recipients of supply) have reported that they have observed same invoice twice in GSTR 2B i.e. April and May, 2022. Taxpayers are advised not to avail ITC on same invoice twice. A solution to the issue would be implemented shortly.” GSTN has now rectified the problem and issued the following advice, appearing as a rolling ticker on its website, “A few taxpayers (recipients of supply) had reported that they have observed same invoice twice in GSTR2B i.e. April and May, 2022. The error has been rectified and correct GSTR 2B generated.” Taxpayers are requested to take note of the same and avail ITC on the now rectified GSTR 2B. Kindly avoid availing ITC on any duplicate invoice appearing in both April and May 2022.

5. Levy of Compensation Cess extended upto 31st March, 2026

Compensation Cess which was initially imposed for five years i.e. up to June 2022 on specified goods, has been further extended upto March 31, 2026. Compensation Cess is levied for compensating the states for losses arising from GST implementation. In this regard, notification has been issued and Goods and Services Tax (Period of Levy and Collection of Cess) Rules, 2022 are notified which shall be effective from July 1st, 2022. Notification No. 1/2022–Compensation Cess dated June 24th, 2022

6. Recommendations of 47th GST Council Meeting

The 47th GST Council met under the Chairmanship of Union Minister for Finance & Corporate Affairs Smt. Nirmala Sitharaman in Chandigarh on 28th and 29th July, 2022. The GST Council has made several recommendations relating to changes in GST rates on supply of goods and services and changes related to GST law and procedure. *The rate changes recommended by the 47th GST Council will be made effective from 18th July, 2022.* These relate to:

• Rate Rationalization to remove inverted duty structure
• Other GST rate changes as recommended by the Council
• Withdrawal/ rationalisation of exemptions on goods and services
• Clarification on GST rate on goods and services
• Measures for Trade facilitation and streamlining compliances relating to GST law and procedure
• The Council has also decided to constitute a Group of Ministers to address various concerns raised by the States in relation to constitution of GST Appellate Tribunal and make recommendations for appropriate amendments in CGST Act.

Please click on the link below to access the complete Press Release. Kindly note that the recommendations of the GST Council have been presented in this Press release containing major item of decisions in simple language for information of all stakeholders. The same would be given effect through relevant Circulars/ Notifications/ Law amendments which alone shall have the force of law.

7. Notifications notifying recommendations of 47th GST Council Meeting w.r.t. procedures

The Government has notified the recommendations of the 47th GST Council w.r.t. procedures. Some of the important ones are as follows:

• Exemption from filing Annual Return to registered persons whose aggregate turnover in the financial year 2021-22 is upto Rs. 2 crore
• The due date for filing of FORM GST CMP-08 by Composition Dealers for the quarter ending 30th June, 2022 is extended till 31st July, 2022
• The late fees for filing GSTR-4 for FY 2021-22 has been waived till 28th July, 2022
• Time period for issue of Order u/s 73(9) for the FY 2017-18 extended upto the 30th day of September, 2023
• Time period from 1st March, 2020 to 28th February 2022 u/s 54 or 55 to be excluded from calculation of the limitation period for filing refund claim and similarly for recovery of erroneous refund u/s 73(10)
• Automatic revocation of suspension of registration on filing of all pending returns
• No requirement of reversal of input tax credit for exempted supply of Duty Credit Scrips by the exporters
• Transfer of balance available in Electronic Cash Ledger to another distinct person of the same PAN in FORM GST PMT 09.
• Certain changes in GST Invoicing w.e.f. 5th July 2022
• Ineligibility of ITC in case supplier does not issue E-Invoice when it is required to do so
• Changes for exporters under GST e.g. calculation of refund as per FOB value, refund to risky exporters, etc. and no refunds in-case of mismatch between Shipping Bill and GSTR 1.

(Notification No. 10/2022 - Central Tax to Notification No. 14/2022 – Central Tax dated July 5th, 2022).

8. CBIC notifies retrospective amendment to Section 50(3)

The Government has notified retrospective amendment to Section 50(3) which provides that interest is payable on the wrongly availed ITC when the same is utilized. This retrospective amendment was introduced in the Finance Act, 2022 but it was provided that it would come with effect from the date to be notified by the Government. (Notification No. 9/2022 - Central Tax dated July 5th, 2022)

9. Circulars issued by the Department w.r.t. procedures based on decisions taken in the last GST Council meeting

The GST Council in its 47th meeting has recommended the Government to issue various clarifications. In this regard, the CBIC has issued several circulars to clarify various issues pertaining to GST. The Circulars are as follows:

• Mandatory furnishing of correct and proper information of inter-State supplies and amount of ineligible/blocked Input Tax Credit and reversal thereof in return in FORM GSTR-3B and statement in FORM GSTR-1 - Circular No.170/02/2022-GST dated July 6th, 2022
• Clarification on various issues relating to applicability of demand and penalty provisions under the Central Goods and Services Tax Act, 2017 in respect of transactions involving fake invoices - Circular No.171/03/2022-GST dated July 6th, 2022
• Clarification on various issue pertaining to GST i.e. refund claimed by the recipients of supplies regarded as deemed export; interpretation of section 17(5) of the CGST Act; perquisites provided by employer to the employees as per contractual agreement; and utilisation of the amounts available in the electronic credit ledger and the electronic cash ledger for payment of tax and other liabilities invoices - Circular No.172/04/2022-GST dated July 6th, 2022.
• Clarification on issue of claiming refund under inverted duty structure where the supplier is supplying goods under some concessional notification - Circular No.173/05/2022-GST dated July 6th, 2022.
• Prescribing manner of re-credit in electronic credit ledger using FORM GST PMT-03A - Circular No.174/06/2022-GST dated July 6th, 2022.
• Manner of filing refund of unutilized ITC on account of export of electricity - Circular No.175/07/2022-GST dated July 6th, 2022.
• Withdrawal of Circular No. 106/25/2019-GST dated 29.06.2019 w.r.t. refund of taxes paid on inward supply of indigenous goods by retail outlets established at departure area of the international airport beyond immigration counters when supplied to outgoing international tourist against foreign exchange - Circular No.176/08/2022-GST dated July 6th, 2022.

10. Removal of negative balance in cash ledgers of some composition taxpayers

GSTN has issued the following advisory for removal of negative balance in cash ledgers of some composition taxpayers. The same is as follows: "Due to the reversal of amount in the cash ledger of some composition taxpayers, the balance in the cash ledgers had become negative. The government has now decided that the negative balance in the cash ledgers of such taxpayers should be nullified. Accordingly, the negative balance has been nullified. All such taxpayers have been informed through email also."