September 2023

1. Unifying Central Tax Adjudication Country wide

• In exercise of the powers conferred by section 5 of the CGST Act, the Board has appointed common joint or   Additional Commissioner of Central Tax,   Kolkata   North     Central  Excise  and GST Commissionerate for adjudicating various notices issued to 'M/s United Spirits Ltd. (USL)'

[NN 40/2023-Central Tax dated 17.08.2023]

2. Notifying jurisdiction of Central Tax Officers

• In exercise of powers conferred by section 3 & 5 of the CGST Act, The Territorial Jurisdiction of Principal Commissioner/Commissioner of Central Tax for the regions Guntur, Tirupathi, Visakhapatnam have been changed

[NN 39/2023-Central Tax dated 17.08.2023]

3. Special Procedure for Ecommerce Operator w.e.f. 1.10.2023

• E-Commerce Operator shall follow the following procedure for Supply of goods through their platform by the person who are exempted from registration and for Composition Dealer: 

• • Shall not allowed Inter-state supply of goods
  • No TCS will be collected
  • shall furnish the details of supplies of goods made through it by the said person in the statement in FORM GSTR-8 electronically on the common portal
  • Where  multiple  electronic  commerce  operators  are  involved  in  a  single  supply  of  goods  through  electronic commerce operator platform, “the electronic commerce operator” shall mean the electronic commerce operator who finally releases the payment to the said person for the said supply made by the said person through him

• Further, for Person exempted from registration, E-Commerce Operator shall allow supply of goods by said person only if enrolment number has been allotted on the common portal to the said person

[NN 36,37/2023-Central Tax dated 04.08.2023]

4. Furnishing of Bank Account after registration

• Rule 10A – Update Bank Account details earliest of

1. 1. Within 30 Days or
   2. Before filing GSTR 1/IFF

• Consequence of Non-furnishing:

• • Rule 21A

1. 1. Automatic Suspension of GSTIN for non updating of Bank Account
   2. Automatic Revocation of Suspension on updating Bank Account

• • Rule 59

1. 1. Restriction of Filing GSTR 1/IFF – if Bank details are not furnished

5. Suspension of GSTIN

• Registration shall be suspended and intimated in FORM GST REG-31, asking him to explain the anomalies or contraventions, within a period of 30 days if there are Significant  differences or anomalies in the 

1. 1. GSTR 3B Vs GSTR 1
   2. GSTR 3B Vs GSTR 2B
   3. Non Compliance of Rule 10A i.e., non updating Bank Account after the Registration.

6. Revocation of cancellation of registration. –

1. Application for Revocation in Form REG 21 can be filed  within 90 days from the Date of Order of Cancellation
2. Further Extended by Commissioner or person authorized by him up to 180 days

7. Rule 42  & 43 Reversals

• Following shall be treated as Exempt Supply for the purpose of Rule 42 & 43

1. 1. value of supply of services by way of transportation of goods by a vessel from the customs station of clearance in India to a place outside India.
   2. Supply of Goods from Duty Free shops at arrival terminal in International Airports to the Incoming Passengers

8. Restriction of Filing GSTR 1

1. Non Updating of Bank Account after the Grant of registration
2. Non Submission of Reply/  Non payment of Liability as specified in the Intimation issued under Rule 88D in Form DRC 01C

9. New Rule 88D

• Input Tax Credit i.e., GSTR 3B > GSTR 2B in any tax period or periods by such amount and such percentage as may be prescribed
• Intimation shall be issued in Part A of Form DRC 01C
  1. Pay through the DRC 03 along with interest or
  2. Reply to be submitted online with in 7 days In Part B of DRC 01C
• Non Submission of reply - SCN will be issued under 73/74 of CGST Act

10. Interest on Refund

• For the calculation of interest on refund, following period shall be excluded 

1. any period of time beyond fifteen days of receipt of notice in FORM GST RFD-08 under sub-rule (3) of rule 92, that the applicant takes to-
   1. furnish a reply in FORM GST RFD-09, or
   2. submit additional documents or reply;
2. any period of time taken for furnishing the correct details of the bank account

11. Appeal

1. Appeal has to be filed electronically in all the cases except
   1. the Commissioner has so notified, or
   2. the same cannot be filed electronically due to non-availability of the decision or order to be appealed against on the common portal

12. Requirement of E-Way Bill for Intra state movement of Gold, Precious Stones etc

1. Every registered person who causes intra-State movement of Gold, precious stones etc
   1. in relation to a supply; or
   2. for reasons other than supply; or
   3. due to inward supply from an un-registered person, shall generate Eway bill
2. consignment value > 2 L or  as may be notified by the Commissioner of State tax or Union territory tax, in consultation with the jurisdictional Principal Chief Commissioner or Chief  Commissioner of Central Tax, or any Commissioner of Central Tax authorized by him
3. goods supplied through an ECO or Courier Agency, E-way bill shall be raised by ECO or courier agency.
4. Exceptions
   1. where the goods are being transported from the customs port, airport, air cargo complex and land customs station to an inland container depot or a container freight station for clearance by Customs;
   2. where the goods are being transported-
      1. under customs bond from an inland container depot or a container freight station to a customs port, airport, air cargo complex and land customs station, or from one customs station or customs port to another customs station or customs port, or
      2. under customs supervision or under customs seal

13. Consent Based Sharing of information

• Rule 163 to be inserted for providing Manner and Conditions With effective from 1.10.2023

14. Compounding of Offenses

• Sub Rule will be Inserted to Rule 162 for Quantification of Amounts for Compounding of Offences with effective from 1.10.2023

15. Amendments in various forms

[NN 38/2023-Central Tax dated 04.08.2023]

• The Council has proposed rate and valuation on actionable claims supplied in Casino, Online gaming and horse racing  as follows:

• • Rate of Tax - 28% on full value, irrespective of whether the activities are a game of skill or chance, but notifications or rules will be issued to provide further clarification on the subject matter. 
  • Valuation
    • Tax will be applicable on the amount paid or payable to or deposited with the supplier, by or on behalf of the player excluding the amount entered into games/ bets out of winnings of previous games/ bets
    • and not on the total value of each bet placed in respect of supply of online gaming and actionable claims in casinos.

1. E-Invoice - Services Offered by the Four New IRPs

• Four New IRPs provided by Cygent, Clear, EY, IRIS have been introduced for generation of E-invoice free of cost and any additional services (Value Added Services) will be available with the associated charges.
• Detailed services available in each IRP can be found out in the advisory https://tutorial.gst.gov.in/downloads/news/e_invoice_services_offered_by_the_new_irps_updated_irps_final_1Aug2023.pdf

2. MERA BILL MERA ADHIKAAR SCHEME 

1. This is an “Invoice Incentive Scheme” introduced by the Government of India in Few States to influence the people to think and act so that they “Ask for a Bill” as their right and entitlement.
2. A Web Portal & Mobile Application has been introduced by the GSTN for the Scheme
3. This will apply to all B2C invoices in participating states (Assam, Gujarat & Haryana and UTs of Puducherry, Dadra Nagar Haveli and Daman & Diu).
   1. Invoices should be uploaded on the ‘Mera Bill Mera Adhikaar’ mobile application, as well as the web portal ‘web.merabill.gst.gov.in’.
   2. An Acknowledgement Reference Number (ARN) will be generated for each uploaded invoice, which will be utilised in the prize draw.
4. Winning invoices will be chosen at regular intervals (monthly/quarterly) using a random draw process. A lucky draw must have at least 200 rupees worth of invoices to qualify.

3. Biometric Based Aadhaar Authentication for Registration

1. The requirement of Biometric Aadhaar Authentication has been launched in Puducherry from 30th August, 2023 in the pilot phase. 
2. After submission of application in Form GST REG-01 and before generation of ARN, the applicant will either
   1. get the message for visiting GST Suvidha Kendra (GSK) or
   2. a link on the declared Mobile and Email ID;
      • as may be applicable at TRN stage, based on identification by common portal so that registration process may be completed.
3. After completion of the procedure as mentioned, ARN will be generated
4. This Biometric based Aadhaar Authentication should be completed for generation of TRN

4. Electronic Credit Reversal and Reclaimed Statement

1. ITC earlier reversed under Table 4B2 of GSTR 3B from the period August 2022 to July 2023  and not reclaimed till July 2023  has to provided as opening balance for “Electronic Credit Reversal and Re-claimed Statement”
2. This has to be provided on or before 30th November 2023
3. Amendment of the same is available for 3 times
4. Amendments if any required for such opening balance has to be done within 31st December 2023
5. This functionality can be used by navigating as follows
   1. Login >> Report ITC Reversal Opening Balance. Or
   2. Services >> Ledger >> Electronic Credit Reversal and Re-claimed Statement >> Report ITC Reversal Opening Balance 
6. Based on this functionality, a validation mechanism is incorporated into the GSTR-3B form, which triggers the warning if ITC reclaimed in 4D1 is more than the balance as per "Electronic Credit Reversal and Re-claimed Statement"