Analysis 8 GST Notifications Issued 31st march 2023

Notification

Description

Analysis

No. 02/2023– on 31st March 2023 ( Amendment to Not. No. 73/2017– Central Tax, 29th Dec - 2017)

In the given no. after the, the following provisions shall be inserted, as follows:

The registered individuals who could not submit returns in Form GSTR-4 by the due date for the Quarters from July 2017 to March 2019 or for the FY 2019–20 to 2021–22 but furnish the said return between the period from the due date until the amount of the late fee payable under Section 47 of the said Act.

Through this, composition suppliers who file GSTR-4 late are granted a waiver of the late charge for either the fiscal years (FYs) from 2019–20 to 2021–2021 or for the quarters from July 2017 to March 2019. The late cost under Section 47 is five hundred rupees (250 CGST + 250 SGST), and there is no late fee when there is no tax due. GSTR-4 is expected to be provided between April 1 and June 30, 2019.

No. 03/2023–

hereby notifies the class of registered persons who must follow the following special procedure regarding revocation of cancellation, which includes those whose registration has been cancelled under clause (b) or clause (c) of sub-section (2) of said Act's section 29 such registration within the period specified in said Act's section 30.

(A) The registered person may apply to have their registration revoked or cancelled by the 30th of June 2023. 

(b) the application for revocation must be submitted after they have submitted all returns that are due up to the date that their registration was cancelled, paid any taxes that are owed on those returns, as well as any interest, penalties, or late fees associated with those returns; and 

For this notification, a person who did not submit an application for the revocation of cancellation of registration within the time period stipulated in section 30 of the aforementioned Act is one whose appeal against the cancellation order of registration for the revocation of cancellation of registration u/s 107 of the aforementioned Act has been denied on the grounds that the applicant did not apply within the time period stipulated under sub section (1) of section 30

1. The Act's Sections 29(2)(b) and (c) describe the following two situations where the proper officer has terminated a registration due to noncompliance. an excerpt from Section 29(2) The proper official may revoke a person's registration as of any date, including any retroactive date, as he sees fit, provided that:

1. More than three months have passed from the due date for a return to be given by a person paying tax under Section 10 (composition provider);
2. (c) Any registered person (regular supplier), excluding a person mentioned in subsection (b), has not submitted returns for the prescribed number of continuous tax periods;

In case your registration got cancelled then aforementioned clauses apply to you.

No. 04/2023 – valid from 26th Dec  2022.

(1) The Central Goods and Services Tax (Amendment) Regulations, 2023, may be used to refer to these regulations. 

(2) They will be regarded as being in effect as of December 26, 2022. The following sub-rule shall be replaced for sub-rule (4A) in rule 8 (i) of the Central Goods and Services Tax Regulations, 2017, namely:-

(4A) In cases where an applicant chooses to have their Aadhaar number authenticated, he or she must do so while applying rule (4). In such cases, the application's submission date is the day on which the Aadhaar number was authenticated or 15 days after the application was submitted in Part B of Form GST REG-01 under rule (4), whichever comes first.

With the provision that every application filed under rule (4) by a person, other than a person notified under section 25's subsection (6D), who has chosen to have their Aadhaar number authenticated and is identifiable on the common site, must be followed by biometric-based Aadhaar authentication. When the applicant is an individual, taking a photo of the applicant at one of the facilitation centres designated by the Commissioner for the purposes of this sub-rule, and when the applicant is not an individual, taking a photo of the applicant at one of the facilitation centres designated by the Commissioner for the purposes of this sub-rule of such individuals in relation to the applicant as notified under subsection (6C) of section 25, along with the verification of the original copy of the documents uploaded with the application in Form GST REG-01

Applications for Registration are covered by Rule 8. Subrule 4A has been replaced going back in time. Subrule 4B also receives another modification. This is a change that corrects the error. Earlier all provisions of Sub rule 4A was implicated in Sub-rule 4B. 

No. 05/2023 –  valid from 26th Dec  2022.

Ministry of Finance (Department of Revenue) No. 27/2022-Central Tax, dated the 26th Dec. 2022 published in the Gazette of India, section 3, Sub-section (i), 903(E), dated the 26th December 2022, namely- in the notification,

provisions of, the words provision to shall be substituted. 

Amendment in sub-rule 4B

No. 06/2023 – valid from 26th Dec  2022.

The registered persons in respect of whom the assessment order shall be deemed to have been withdrawn if such registered persons follow the special procedures as specified below, namely, the registered persons who failed to furnish a valid return within 30 days from the service of the assessment order issued on or before the 28th day of February 2023.

(i) The registered person must submit the specified return on or before 30th June 2023.

(ii) The return must be accompanied by the payment of the late fee required by section 47 of the aforementioned Act as well as the interest due under subsection (1) of section 50 of the aforementioned Act, regardless of whether an appeal was filed against the assessment order under section 107 of the aforementioned Act or whether the appeal.

Assessment of non-filers of returns is covered by Section 62. For such taxpayers, this notification introduces an amnesty program.

· Who did not file valid returns within 30 days. 

· From the date of service of the best judgment assessment order issued under section 62(1) 

· For whom notice was issued under section 46 

· For non-filers of returns under section 39{GSTR-1} and 45{Final return} 

· If such order was passed before 28th February 2023.

No. 07/2023 – valid from 26th Dec  2022.

for the classes of registered persons listed in the corresponding entry in Column (2) of the Table below, hereby waives the amount of the late fee referred to in Section 47 of the aforementioned Act concerning the return to be furnished under Section 44 of the aforementioned Act for the financial year 2022-23 onwards, which is over the amount as specified in Column (3) of the aforementioned Table.

This amnesty programme relates to the long-awaited filing of old, unfiled annual returns (Forms GSTR-9 & GSTR-9C). Moreover, this announcement not only makes past filings compliant but also provides justification for financial year 22-23 and beyond.

For failure to comply with Section 44, the late charge pursuant to Section 47 is now waived. The yearly return must be filed in Form GSTR-9, and a reconciliation statement must be filed in Form GSTR-9C, according to Section 44. (wherever required). Thus, the late fee set forth in this notification will apply to both Form GSTR-9 and Form GSTR-9C. (wherever GSTR-9C is required to be filed).

Registered Person 

Amount

Registered individuals (aggregate turnover of up to Rs. 5 Cr. in the applicable FY.)

Rs. 25/day, applies to a maximum of an amount estimated at 0.02% of turnover in the State/Union territory.

Registered individuals (aggregate turnover of up to Rs. 5 Cr. to Rs. 20 Cr. in the applicable FY.)

Rs. 50/day, applies to a maximum of an amount estimated at 0.02% of turnover in the State/Union territory.

No. 08/2023 – 

hereby releases the registered persons who fail to file the final return in Form GSTR-10 by the deadline but file the return between the dates of April 1, 2023, and June 30, 2023, from the payment of the late charge described in Section 47 of the Act, which exceeds Rs. 500.

The late charge u/s 47 is waived under this amnesty program for final returns submitted in Form GSTR-10 between April 1 and June 30, 2023. 

1000 CGST plus 1000 SGST equals 2000/- rupees as the relevant late fee.

No. 09/2023 – 

On the advice of the Council, the Government now extends the deadline for issuing an order under paragraph (9) of section 73 of the aforementioned Act to collect tax that has not been paid in full or in part, or input tax credit that has been improperly claimed or used in partial modification of the notifications of the Government of India, Ministry of Finance (Department of Revenue), No. 35/2020-Central Tax, dated the 3rd April 2020 and No. 13/2022 Central Tax, dated the 5th July, 2022 pertaining Of the following time-period-

(i) For the FY 2017-18, up to the 31st December, 2023; 

(ii) for the FY 2018-19, up to the 31st of March, 2024; 

(iii) For theFY 2019-20, up to the 30th June, 2024.

Determination of tax not paid, short paid, incorrectly reimbursed, or incorrectly utilised for input tax credit for any reason other than fraud, any purposeful falsification of information, or suppression of facts is the subject of Section 73 (section 73 shall me applicable in non-fraud cases).

Notification No. 35/2020-Central Tax, dated the 3rd April, 2020 {1st Covid Wave, i.e., 20th March, 2020 to 30th August, 2020 – 31st August, 2020} Notification No. 14/2021-Central Tax, dated the 1st May, 2021 {2nd Covid Wave, i.e., 15th April, 2021 to 29th June, 2021 – 30th June, 2021} Notification No. 13/2022-Central Tax, dated the 5th July, 2022, {Time limit specified u/s 73(10) for FY 2017-18 was extended to 30th Sep, 2023}

With this amendment, the aforementioned three notices are modified in part and the deadline for issuing an order under section 73(9) to recover unpaid or underpaid taxes or incorrectly claimed or utilised input tax credits is extended. These notifications are pertaining to the:

.FY 2017-18 – up to 31st Dec, 2023 

.FY 2018-19 – up to 31st Mar, 2024 

.FY 2019-20 – up to 30th Jun, 2024

The notice issuance date shall be at least 3 months prior to the deadline specified under section 73(10) for issuance of the order.

Note - Refunds that are errored are not covered by the aforementioned change. For purposes of computing the term of limitation under section 73(10) for issuing an order under section 73(9) for recovering an incorrect refund, the time period from March 1, 2020, to February 28, 2022, shall be disregarded (Notification No. 13/2022-Central Tax, dated July 5, 2022).