Summary of New Notifications, Circulars and Order issued on 28.06.2019

[Ashwarya Agarwal]

The GST Council took various decisions in its 35th council meeting held on 21.06.2019. In line to implement various such decision, CBIC has issued list of Notifications, Clarification Circulars and Orders on 28.06.2019 to amend / clarify the law. A brief summary of come important publications is as below:

Order No. 6/2019-Central Tax

Removal of Difficulty order issued to extend due date for filing of Form GSTR 9 & 9C for the FY 2017-18 from 30.06.2019 to 31.08.2019;

Notification No. 31/2019 – Central Tax

This notification is issued to make necessary amendments in CGST rule. Some major amendments is listed below:

1. Rule 10A inserted which provides for furnishing of Bank Detail in GST portal within 45 days of issue of GST registration (REG 06). Non compliance shall result in cancellation of registration as per newly inserted clause (d) of rule 21;

2. In line with council decision to implement electronic invoicing, a Proviso shall be inserted to rule 46 and 49 from specified date (to be notified) which shall require a Tax Invoice or Bill of Supply to have Quick Response (QR) code.

3. Rule  95A to be inserted w.e.f 01.07.2019 to allow Refund of taxes to the retail outlets established in departure area of an international Airport beyond immigration counters making tax free supply to an outgoing international tourist. Form RFD 10B prescribed for this purpose;

4. DRC 03 - New options for Form GSTR 9 & 9C

New Form DRC 03 prescribed which contains additional options i.e. Annual return & Reconciliation statement* for selection under 'Cause of Payment'.

5. Inter-head transfer of amount in cash ledger

Now an assessee can transfer any amount of tax, interest, penalty, fee or any other amount available in the electronic cash ledger from one head to another head. Form GST PMT 09 prescribed under newly inserted rule 87(13) for this purpose;

Clarification Circular No. 105/24/2019-GST

This circular provides clarification on various doubts related to treatment of secondary or post-sales discounts under GST

It provides that if additional discount given by the supplier of goods to the dealer is the post-sale incentive requiring the dealer to do some act like undertaking special sales drive, advertisement campaign, exhibition etc., then such transaction would be a separate transaction and the additional discount will be the consideration on which GST shall be applicable in the hands of dealer.

It also provides that in cases of post-sales discount where supplier issues financial / commercial credit note without any effect of GST, than the recipient dealer is not required to reverse ITC as per the provisions contained in second proviso to rule 37(1) read with second proviso to section 16(2).

Notification No. 26/2019 – Central Tax

Extends the time limit for furnishing GST-TDS return in FORM GSTR-7 for the period October, 2018 to July, 2019 till 31.08.2019;  

Notification No. 27/2019 & 28/2019 – Central Tax

Notifies due date for filing of GSTR 1 return for the period from July, 2019 to September, 2019 as below:

Aggregate turnover of up to 1.5 crore - *31.10.2019*

Aggregate turnover of more than 1.5 crore -

July 19 - 11.08.2019

August 19 - 11.09.2019

September 19 - 11.10.2019

Notification No. 29/2019 – Central Tax

Notifies due date for filing of GSTR 3B return for the period from July, 2019 to September, 2019 as below:

July 19 - 20.08.2019

August 19 - 20.09.2019

September 19 - 20.10.2019

Notification No.30 /2019 – Central Tax

Notifies that the registered person supplying online information and data base access or retrieval (OIDAR) services from a place outside India to a person in India, other than a registered person, shall not be required to file GSTR 9 & 9C;

Notification No. 32/2019 – Central Tax

Notifies extension of due date for filing of FORM GST ITC-04, in respect of goods dispatched to a job worker or received from a job worker, during the period from July, 2017 to June, 2019 till 31.08.2019. 

I hope you find the above helpful.