Amendments made to the GST law based on 23rd GST Council Meeting

[Surabhi Bohra]

The decisions taken by the GST Council in its 23 meeting has been given effect through a series of Notification and Orders. The key takeaways of the amendments with reference to the relevant notifications and orders are as follows:-

Notification No. 55/2017-Central Tax , dt. 15-11-2017

1. Twelfth amendment to CGST Rules, 2017 was made wide this Notification.
2. Procedure and form for Manual filing of the Refund application through GST-RFD-01 A has also been incorporated in the Rules vide this notification.

Notification No. 56/2017-Central Tax, dt. 15-11-2017

Sl No.	Month	Last date for filing of return in FORM GSTR-3B and making payment of tax
1	January, 2018	20th February, 2018
2	February, 2018	20th March, 2018
3	March, 2018	20th April, 2018

Notification No. 57/2017 – Central Tax dt. 15-11-2017

Ø  Persons having Aggregate Turnover < ` 1.5 Cr. To file GSTR-1 quarterly

Sl No.	Quarter for which the details to be furnished in GSTR-1	Time period for furnishing GSTR-1
1.	July - September, 2017	31st December, 2017
2.	October - December, 2017	15th February, 2018
3.	January - March, 2018	30th April, 2018

Notification No. 58/2017 – Central Tax dt. 15-11-2017

Ø  Persons having Aggregate Turnover > ` 1.5 Cr. To file GSTR-1 monthly

Sl No.	Month for which the details to be furnished in GSTR-1	Time period for furnishing GSTR-1
1.	July - October, 2017	31st December, 2017
2.	November, 2017	10th January, 2018
3.	December, 2017	10th February, 2018
4.	January, 2018	10th March, 2018
5.	February, 2018	10th April, 2018
6.	March, 2018	10th May, 2018

Extended due dates for various Returns

Sl.No	Type of Return	For the month	Due Date	Notification No.
1.	GSTR-4	July to September’2017	24th December, 2017	Notification No. 59/2017 – Central Tax dated 15-11-2017
2.	GSTR-5	July, August, September and October, 2017.	11th December, 2017	Notification No. 60/2017 – Central Tax dated 15-11-2017
3.	GSTR-5A	July, August, September and October, 2017.	15th December, 2017	Notification No. 61/2017 – Central Tax dated 15-11-2017
4.	GSTR-6	July, 2017	31st December, 2017	Notification No. 62/2017 – Central Tax dated 15-11-2017
5.	GST ITC-04	July to September, 2017	31st December, 2017	Notification No. 63/2017 – Central Tax dated 15-11-2017

Notification No. 64/2017– Central Tax dated – 15-11-2017

Sl.No.	Particulars	Late fee payable
1.	Late fees payable on late filing of GSTR- 3B from October, 2017 onwards	Ø ` 25 per day during which failure continue under both CGST and SGST individually Ø ` 10 per day during which failure continues if central/state tax payable is Nil

Notification No. 65/2017– Central Tax dated – 15-11-2017

Suppliers making supply of service through E-Commerce operator shall not obtain registration in the state/special category state if:-

(a)    Aggregate turnover is < ` 20 lacs/10 lacs ;

(b)   Ecommerce Operator not liable to collect TCS.

Notification No. 66/2017 – Central Tax dated 15-11-2017

Ø A registered (not a composite dealer) supplier of taxable goods shall not be liable to pay tax on advances.

Extension for filing Tran-1

Sl.no	Type of Return	Due Date	Order No.
1.	TRAN-1 (original)	27th December, 2017.	Order No. 9/2017-GST dated 15th November, 2017
2.	TRAN-1 (Revised)		Order No. 10/2017-GST dated 15th November, 2017

Notification No 41/2017- Central Tax (Rate) & Notification No. 43/2017- Integrated Tax (Rate) dated 14.11.2017 to be effective from 15.11.2017

Ø  Amended Notification no. 1/2017- Central Tax (Rate) dated 28.06.2017 changing the tax rates on various goods.

Ø  GST rates on goods like chocolate, Marble and travertine, other than blocks, granite, tar distilled from other mineral tars, perfumes and toilet waters, beauty or make-up preparations, soap, lubricating preparations, leather articles, ply board, wall paper, artificial flowers, etc. has been reduced from 28% to 18%.

Notification No 42/2017- Central Tax (Rate) & Notification No. 44/2017- Integrated Tax (Rate) dated 14.11.2017 to be effective from 15.11.2017

Ø  Amended Notification No. 2/2017- Central Tax (Rate) dated 28.06.2017 to provide further exemptions to certain goods and also to rationalize certain exemptions provided earlier.

Ø  Exemption has been extended to goods like manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, dried makhana, guar meal, uranium ore concentrate, bangles of lac/shellac, coconut shell, Hop cones with certain conditions.

Notification No 43/2017- Central Tax (Rate) & Notification No. 45/2017- Integrated Tax (Rate) dated 14.11.2017 to be effective from 15.11.2017

Ø  Purchase of Raw cotton from an agriculturist to attract tax under Reverse charge mechanism. The recipient to pay tax to the Government.

Notification No 44/2017- Central Tax (Rate) & Notification No. 46/2017- Integrated Tax (Rate) dated 14.11.2017 to be effective from 15.11.2017

 

Sl.No.	HSN Heading	Goods	Effect
1.	5608	Knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials	No refund of unutilised ITCshall be allowed, accumulated on account of rate of tax on inputs being > the rate of tax on the output supplies of such goods
2.	5801	Corduroy fabrics
3.	5806	Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs)

Notification No 45/2017- Central Tax (Rate) & Notification No. 47/2017- Integrated Tax (Rate) dated 14.11.2017 to be effective from 15.11.2017

Goods	Recipient	Concessional Rate
(a) Scientific and technical instruments, apparatus, equipment (including computers); (b) Accessories, parts, consumables and live animals (experimental purpose); (c) Computer software, CD-ROM, recorded magnetic tapes, microfilms, microfiches; (d) Prototypes, the aggregate value of prototypes received by an institution < ₹ 50000 in F.Y.	Public funded research institution other than a hospital	5%
	University
	Indian Institute of Technology
	Indian Institute of Science, Bangalore
	National Institute Technology/ Regional Engineering College
	Research institution, other than a hospital
	Departments and laboratories of the Central Government and State Governments, other than a hospital
Goods mentioned in (a), (b) & (c)	Regional Cancer Centre (Cancer Institute)

Notification no. 46/2017- Central Tax (Rate) & 48/2017- Integrate Tax (Rate) dated 14.11.2017 to be effective from 15.11.2017

Sl.No.	Services	Rate	Condition
1.	Standalone Restaurants/mess/canteen (whether dine in or take away)	5%	No ITC
2.	Restaurants in Hotels, hotels, inns, guest houses, clubs, campsites or other commercial places  having declared tariff < `7500	5%	No ITC
3.	Restaurants in Hotels, hotels, inns, guest houses, clubs, campsites or other commercial places  having declared tariff > ` 7500	18%	With ITC
4.	Manufacture of handicrafts	5%	With ITC

Notification No. 47/2017- Central Tax (Rate) & Notification No. 49/2017- Integrated Tax (Rate) dated 14.11.2017 to be effective from 15.11.2017

A. Consolidation of exemption:

Ø To Fair price shops providing services to Central/State Government/ Union Territory local authority by way of sale of food grains, kerosene, sugar, edible oil, etc. under Public Distribution System against consideration in the form of commission or margin.

B . Exemption has been provided to the following service-

Ø Services by way of admission to a protected monument so declared under the Ancient Monuments and Archaeological Sites and Remains Act 1958.