Tarun Kr. Gupta
Important clarifications/ amendments issued by the Government on GST in August/ September 2022 along with compliance timelines in September 2022
|
Form No. |
Description |
To whom applicable |
Period |
Due date |
|---|---|---|---|---|
|
GSTR-7 |
Details of Tax deducted at source (TDS) under GST |
Tax deducted at source (TDS) deductors |
August 2022 |
10th September 2022 |
|
GSTR-8 |
Details of Tax collected at source (TCS) under GST |
Tax collected at source (TCS) deductors |
August 2022 |
10th September 2022 |
|
GSTR-1 |
The return of outward supplies |
Taxpayers (Monthly Filers) |
August 2022 |
11th September 2022 |
|
IFF |
Invoices of outward supplies |
Taxpayers (Quarterly Filers under QRMP) |
August 2022 |
13th September 2022 |
|
GSTR-6 |
Details of inputs to be distributed |
Input Service Distributor |
August 2022 |
13th September 2022 |
|
GSTR-5 |
Summary of outward and inward supplies |
Non-resident foreign taxpayer |
August 2022 |
20th September 2022 |
|
GSTR-5A |
Summary of outward supplies |
Online Information and Database Access or Retrieval (OIDAR) service providers |
August 2022 |
20th September 2022 |
|
GSTR-3B |
Summary of outward and inward supplies and payment of tax liability |
Taxpayers (Monthly Filers) |
August 2022 |
20th September 2022 |
|
PMT 06 |
Payment of tax liability |
Taxpayers (Quarterly Filers under QRMP) |
|
|
Compliance Timelines: Updates in the month of August/ September 2022
1. CBIC issues guidelines for arrest and bail in relation to offences punishable under GST
The Department has issued detailed guidelines for arrest and bail in relation to offences punishable under GST. The detailed instructions have been issued with respect to the procedure for arrest, post arrest formalities and submission of reports which shall be followed by the field offices or formations.
Instruction No. 02/2022-23 dated August 17th, 2022
2. Guidelines on issuance of Summons under GST by CBIC
The Department has issued detailed guidelines for issuing Summons under GST. These guidelines must be followed in matters related to investigation under GST and officers are advised to explore instances when instead of resorting to summons, a letter for requisition of information may suffice. Moreover, it is also provided that the non-observance of these instructions will be viewed seriously.
Instruction No. 03/2022-23 dated August 17th, 2022
3. CBIC notifies exchange rates effective from August 19th, 2022
The CBIC has notified the rate of exchange of conversion of the foreign currencies into Indian currency or vice versa, with effect from 19th August 2022, for import and export of goods. In this regard, Notification No.70/2022 -Customs (N.T.) dated August 18th, 2022 has been issued in supersession of Notification No.66/2022-Customs(N.T.), dated August 4th, 2022.
Notification No.70/2022 -Customs (N.T.) dated August 18th, 2022
4. CBIC issues guidelines for launching prosecution under CGST Act, 2017
The Central Board of Indirect Taxes and Customs (CBIC) has issued detailed guidelines for launching prosecution under CGST Act, 2017. These guidelines cover procedures for prosecution, authority to sanction prosecution, monitoring of prosecution, monetary limits, procedure for withdrawal etc. It has also been provided that prosecution should not be filed merely because a demand has been confirmed in the adjudication proceedings. Further, prosecution should not be launched in cases of technical nature, or where additional claim of tax is based on a difference of opinion regarding interpretation of law.
(Instruction No. 04/2022-23 dated September 1st, 2022)
5. CBIC notifies exchange rates effective from September 2nd, 2022
The Central Board of Indirect Taxes and Customs (CBIC) has notified the rate of exchange of conversion of the foreign currencies into Indian currency or vice versa, with effect from 2nd September 2022, for import and export of goods.
(Notification No. 73/2022 -Customs (N.T.) dated September 1st, 2022)
6. GSTN incorporates changes in Form GSTR-3B for reporting of ITC availment, reversal and ineligible ITC
The Government vide Notification No. 14/2022 – Central Tax dated July 5th, 2022 had notified few changes in Table 4 of Form GSTR-3B for enabling taxpayers to correctly report information regarding ITC availed, ITC reversal and ineligible ITC in Table 4 of GSTR-3B. The notified changes of Table 4 of GSTR-3B have been incorporated in GSTR-3B and are available on GST Portal since September 1st, 2022. The taxpayers are advised to report their ITC availment, reversal of ITC and ineligible ITC correctly as per new format of Table 4 of GSTR-3B at GST Portal for the GSTR-3B to be filed for the period August 2022 onwards.
(GSTN Update dated September 2nd, 2022)
7. SC grants one-month extension to GSTN to allow the filing of TRAN-1; Window will start from October 1st
The Supreme Court had held that any aggrieved registered assessee can claim benefit irrespective of whether they have filed writ petition before High Court or not and GSTN was to open common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months i.e. w.e.f. September 1st 2022 to October 31st, 2022. The Supreme Court has extended the time for opening the GST Common Portal for further period of four weeks. GSTN has been directed to open common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 from October 1st, 2022.
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