23/12/2018
Recommendations made during 31 Meeting of the
GST Council
The GST Council in its 31 meeting held today at New Delhi made the following policy
recommendations:
1. There would be a single cash ledger for each tax head. The modalities for
implementation would be finalised in consultation with GSTN and the Accounting
authorities.
2. A scheme of single authority for disbursement of the refund amount sanctioned by
either the Centre or the State tax authorities would be implemented on pilot basis. The
modalities for the same shall be finalized shortly.
3. The new return filing system shall be introduced on a trial basis from 01.04.2019 and
on mandatory basis from 01.07.2019.
4. The due date for furnishing the annual returns in FORM GSTR-9, FORM GSTR-9A and
reconciliation statement in FORM GSTR-9C for the Financial Year 2017 – 2018 shall be
further extended till 30.06.2019.
5. The following clarificatory changes, inter-alia, shall be carried out in the
formats/instructions according to which the annual return / reconciliation statement is
to be submitted by the taxpayers:
i. Amendment of headings in the forms to specify that the return in FORM GSTR-9
&FORM GSTR-9A would be in respect of supplies etc. ‘made during the year’ and not
‘as declared in returns filed during the year’;
ii. All returns in FORM GSTR-1&FORM GSTR-3B have to be filed before filing of FORM
GSTR-9&FORM GSTR-9C;
iii. All returns in FORM GSTR-4 have to be filed before filing of FORM GSTR-9A;
iv. HSN code may be declared only for those inward supplies whose value independently
accounts for 10% or more of the total value of inward supplies;
v. Additional payments, if any, required to be paid can be done through FORM GST DRC03 only in cash;
vi. ITC cannot be availed through FORM GSTR-9 &FORM GSTR-9C;
vii. All invoices pertaining to previous FY (irrespective of month in which such invoice is
reported in FORM GSTR-1) would be auto-populated in Table 8A of FORM GSTR-9;
viii. Value of “non-GST supply” shall also include the value of “no supply” and may be
reported in Table 5D, 5E and 5F of FORM GSTR-9;
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ix. Verification by taxpayer who is uploading reconciliation statement would be included
in FORM GSTR-9C.
6. The due date for furnishing FORM GSTR-8 by e-commerce operators for the months of
October, November and December, 2018 shall be extended till 31.01.2019.
7. The due date for submitting FORM GST ITC-04 for the period July 2017 to December
2018 shall be extended till 31.03.2019.
8. ITC in relation to invoices issued by the supplier during FY 2017-18 may be availed by
the recipient till the due date for furnishing of FORM GSTR-3B for the month of March,
2019, subject to specified conditions.
9. All the supporting documents/invoices in relation to a claim for refund in FORM GST
RFD-01Ashall be uploaded electronically on the common portal at the time of filing of
the refund application itself, thereby obviating the need for a taxpayer to physically
visit a tax office for submission of a refund application. GSTN will enable this
functionality on the common portal shortly.
10. The following types of refunds shallalso be made available throughFORM GST RFD01A:
i. Refund on account of Assessment/Provisional Assessment/Appeal/Any Other Order;
ii. Tax paid on an intra-State supply which is subsequently held to be inter-State supply
and vice-versa;
iii. Excess payment of Tax; and
iv. Any other refund.
11. In case of applications for refund in FORM GST RFD-01A(except those relating to
refund of excess balance in the cash ledger)which are generated on the common portal
before the roll out of the functionality described in point (10) above, and which have
not been submitted in the jurisdictional tax office within 60 days of the generation of
ARN, the claimants shall be sent communications on their registered email ids
containing information on where to submit the said refund applications. If the
applications are not submitted within 15 days of the date of the email, the said refund
applications shall be summarily rejected, and the debited amount, if any, shall be recredited to the electronic credit ledger of the claimant.
12. One more window for completion of migration process is being allowed. The due date
for the taxpayers who did not file the complete FORM GST REG-26 but received only a
Provisional ID (PID) till 31.12.2017 for furnishing the requisite details to the
jurisdictional nodal officer shall be extended till 31.01.2019. Also, the due date for
furnishing FORM GSTR-3B and FORM GSTR-1 for the period July, 2017 to February,
2019/quarters July, 2017 to December, 2018 by such taxpayers shall be extended till
31.03.2019.
13. Late fee shall be completely waived for all taxpayers in case FORM GSTR-1, FORM
GSTR-3B &FORM GSTR-4 for the months / quarters July, 2017 to September, 2018, are
furnished after 22.12.2018 but on or before 31.03.2019.
14. Taxpayers who have not filed the returns for two consecutive tax periods shall be
restricted from generating e-way bills. This provision shall be made effective once
GSTN/NIC make available the required functionality.
15. Clarifications shall be issued on certain refund related matters like refund of ITC
accumulated on account of inverted duty structure, disbursal of refunds within the
stipulated time, time allowed for availment of ITC on invoices, refund of accumulated
ITC of compensation cess etc.
16. Changes made by CGST (Amendment) Act, 2018, IGST (Amendment) Act, 2018, UTGST
(Amendment) Act, 2018 and GST (Compensation to States) Amendment Act, 2018 and
the corresponding changes in SGST Acts would be notified w.e.f. 01.02.2019.
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About the author
HIMANSHU TIWARI
CHARTERED ACCOUNTANT
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