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In this article we will discuss on Notification No 57 to 62 Central Tax dated 26.11.2019 as issued by CBIC .

Analysis of due date extension   of GSTR forms in JandK and Ladakh

Notification No. 57/2019 - Central Tax

This notification shall come into force w.e.f.15th November, 2019.

As per Notification -

"Registered persons, whose principal place of business is in Jammu and Kashmir, the time limit for furnishing the details of outward supplies in FORM GSTR-1, having aggregate turnover of more than 1.5 crore rupees in the preceding F.Y. or current F.Y., for each of the months from July 2019 to September 2019 till 30th November 2019.

Notification No. 58/2019 -Central Tax

This notification shall come into force w.e.f. 11th November, 2019.

As per Notification -

Registered persons, whose principal place of business is in State of J&K, the time limit for furnishing the details of outward supplies in FORM GSTR-1, having aggregate turnover of more than 1.5 crore rupees in the preceding F.Y. or current F.Y., for the month of October 2019 till 30th November 2019.

Notification No. 59/2019 - Central Tax

This notification shall come into force w.e.f. 10th November 2019.

As per Notification -

Registered person, required to deduct tax at source u/s-51 of the CGST Act in FORM GSTR-7, for the months of July,2019 to October 2019, whose principal place of business is in J&K, furnish return, on or before 30th November 2019.

Notification No.60/2019 - Central Tax

This notification shall come into force w.e.f. 20th November 2019.

As per Notification -

Registered persons, whose principal place of business is in J&K, shall furnish Return in FORM GSTR-3B for the months of July to September, 2019, on or before 30th November 2019.

Notification No. 61/2019 -Central Tax

This notification shall come into force w.e.f.20th November 2019.

As per Notification -

Registered persons, whose principal place of business is in J&K, shall furnish Return in FORM GSTR-3B for the month of October 2019, on or before 30th November 2019.

Notification No. 62/2019 - Central Tax

As per Notification -

Persons,

  • whose principal place of business/place of business lies in the erstwhile state of J&K till the 30th October 2019; and
  • lies in UT of J&K / Ladakh from 31st October 2019 onwards,

shall follow the special procedure till 31 December 2019 (referred to as the transition date), as mentioned below -

1. Ascertain the Tax period for month of October 2019 and November 2019 as below:

(a) October 2019 - 1 October 2019 to 30 October 2019;
(b) November 2019 - 31 October 2019 to 30 November 2019;

2. irrespective of particulars of tax charged in invoices/other like documents, raised from 31st October 2019 till transition date, pay the appropriate applicable tax in return u/s- 39 of CGST Act;

3. have an option to transfer the ITC from GSTIN in State of J&K, till 30 October 2019, to new GSTIN in UT of J&K/Ladakh from 31 October, by following the procedure as below -

(a) shall intimate the jurisdictional tax officer of transferor and transferee, regarding the transfer of ITC, within one month of obtaining new registration;

(b) ITC shall be transferred on the basis of ratio of turnover of place of business in UT of J&K and Ladakh;

(c) transfer of ITC shall be carried out through return u/s -39 of CGST Act for any tax period before the transition date and

Transferor GSTIN be debiting the said ITC from its electronic credit ledger in Table 4(B)(2) of FORM GSTR-3B and

Transferee GSTIN be crediting the equal amount of ITC in its electronic credit ledger in Table 4(A)(5) of FORM GSTR-3B.

  • Balance of State Taxes in Electronic credit ledger of persons, whose principal place of business lies in UT of Ladakh from 31 October 2019, shall be transferred as balance of UT tax in Electronic credit ledger.
  • Provisions of clause (i) of section 24 of CGST Act shall not apply on the said class of persons, making inter-State supplies between UT of J&K and Ladakh from 31 October, 2019 till the transition date.

Disclaimer: The contents of this article are solely for informational purpose. It does not constitute professional advice or a formal recommendation. No part of this article should be distributed or copied without express written permission of the author.

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