Summary of recent GST notifications issued on 9th October 2019

Sr.No

Notification No

Date of Notification

Description

1.

44/2019- Central Tax

09-10-2019

This notification prescribed the Due date for furnishing GSTR-3B for the months of Oct 2019 to March 2020.

Which is on or before the 20th day of the succeeding month.

2.

45/2019-Central Tax

09-10-2019

The notification prescribes the due date to furnish GSTR-1 for the registered person having aggregate turnover of upto Rs.1.5 crore in the preceding financial year or the current financial year.

• Qtr - Oct19-Dec 19
• Due date - 31st January 2020
• Qtr - Jan 19-Mar 2020
• Due date - 30th April 2020

3.

46/2019-Central Tax

09-10-2019

The notification extends the time limit to furnish GSTR-1 for the registered person having aggregate turnover of more than Rs.1.5 crore in the preceding financial year or the current financial year.

GSTR-1 for each of the months of Oct 2019 to Mar 2020, can be filed till 11th day of the succeeding month.

4.

47/2019-Central Tax

09-10-2019

By issuing this notification filing of GST Annual return for the financial year 2017-18 and 2018-19 has been made optional, if not already filed before the due date.

The option is only for Small taxpayers.

(Whose aggregate turnover in a financial year does not exceed Rs. 2 Crores)

The notification also mentions that the said return shall be deemed to be furnished on due date if its not furnished before the due date.

(this statement was necessary, otherwise other sections of the Act would have given rise to new issues due to non-filing of the Annual return

• like what would be Time limit for issuing of credit/debit notes then.
• Period for Retention of books? - as Sec 36 of the CGST Act mentions period of retention of books as, until the expiry of 72 months from the due date of furnishing of annual return for the year.
• Other Sections in relation to ITC availment etc.)

5.

48/2019-Central Tax

09-10-2019

The notification provides for the extension of Due date to furnish GST Return by Registered person having principal place of business in State of Jammu & Kashmir and having Turnover exceeding Rs.1.5 Crores.

6.

49/2019-central Tax

09-10-2019

This notification amends the CGST Rules.

Also the notification contains one of the important amendment in relation to ITC.

Insertion have been made in Rule 36(3) , the effect of this amendment being setting up the upper limit /Cap for claiming the Input tax credit for every month.

Maximum ITC that can be claimed in a month= Eligible credit available in GSTR-2A for the month + 20% of the eligible credit available in GSTR-2A for the month.

That is to say, Credit can be claimed up to maximum of 120% of the 'eligible credit' available in GSTR-2A for the month.

Other important Amendments are-

1. Explanation inserted to Rule 21A(3) [Suspension of registration]

It is said in rule that Registered person whose registration has been suspended shall not make any taxable supply during such suspension and would not be required to file any return u/s 39

The explanation clarifies the above text in bold as, the Registered person shall not issue Tax invoice and would not tax the outward supplies made by him during such suspension.

2. GSTR-3 not to be furnished if GSTR-3B is furnished, rule 61 amended retrospectively from 1st July 2017.(i.e GSTR-3B can be considered as GSTR-3)

3. Form GST DRC-01A

Part A- Before service of SCN (Show Cause Notice) u/s 73 or u/s 74 , proper officer is required to provide details of any tax, interest and penalty ascertained by him in this part.

Part B - The assessee would provide its reply . Like details of partial payment made or its desire to file any submission against the liability proposed.

4. TRANS-1/TRANS -2

The commissioner on the recommendation of council may extend the date of filing of the TRANS, which could not be filed because of technical difficulties on common portal. The dates may be extend as-

• For Trans-1 Not beyond 31st Dec 2019
• For Trans-2 Not beyond 31st Jan 2020