GST WEEKLY UPDATE : 28/2023-24 (DATES : 08.10.2023)By CA Vipul Khandhar

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By Vipul Khandhar

Advisory: E-Invoice JSON download functionality Live on the GST e-Invoice Portal 03/10/2023:

A. GSTN is pleased to inform you that the e-Invoice JSON download functionality is now live on the GST Portal. To help you to navigate and make the most of this feature, some key steps are as below.

B. To download the generated and received e-Invoices in JSON format, please follow these steps:

Step 1: Log in

Visit the e-Invoice Portal at https://einvoice.gst.gov.in
Log in using your GST Portal credentials.

Step 2: Navigate to Download E-invoice JSONs Section

On the main portal page, find the “Download E-Invoice JSONs” section.

It has two tabs: “Generated” and “Received.”

The “Generated” tab is designed for e-Invoices generated by you, while the “Received” tab is meant for e-Invoices received by you.

Step 3: Search for e-Invoice (By IRN)

Click the “By IRN” tab to search for a specific e-Invoice.
Enter the IRN (Invoice Reference Number) or pick the Financial Year, Document Type, and Document Number.
Hit the “Search” button.

Step 4: View and Download

Once you hit search, you will see the specific IRN.
To download the signed e-invoice, click “Download PDF” (available for a single active IRN).
Or, choose “DOWNLOAD E-INVOICE (JSON)” for a JSON format download.

Step 5: Bulk Download (By Period)

Use the “For Period” tab to download e-Invoices in bulk for a specific period.
Select the Financial Year and Month.
Click “DOWNLOAD E-INVOICE (JSON)” to get all e-Invoices in JSON format for that month.

Step 6: Excel Format e-Invoice List (By Period)

To get an e-invoice list in Excel format for a specific period:
Visit the “List of IRNs” tab.
Select the desired Financial Year and Month.
Click “DOWNLOAD E-INVOICE (Excel).”

Step 7: Downloading History

The requested e-Invoices remain in downloading history for 2 days only. Post 48 hours fresh request needs to be initiated.

C. Additionally, this functionality allows to download all e-invoices reported across all six IRPs (Invoice Registration Portals), i.e. complete data.

D. Regarding accessibility, you can download e-Invoice JSON files for up to 6 months from the date of IRN generation.

E. To ensure a smoother experience for all users. It is requested that taxpayers schedule their downloads in a staggered manner during off peak hours and refrain from overwhelming the system with large requests during the initial days.

F. Moreover, please note that this functionality is also accessible via GSP (GST Suvidha Providers) through G2B (Government-to-Business) APIs.

G . For your convenience, we have attached a comprehensive manual and FAQ document below for your ready reference.

2. Recommendations By 52^nd GST Council Meeting:

GST Council decides to extend period of appeals till Jan, 2024 but pre-deposit is enhanced by 2.5%:
Amnesty Scheme for filing of appeals against demand orders in cases where appeal could not be filed within the allowable time period:

The Council has recommended providing an amnesty scheme through a special procedure under section 148 of CGST Act, 2017 for taxable persons, who could not file an appeal under section 107 of the said Act, against the demand order under section 73 or 74 of CGST Act, 2017 passed on or before the 31st day of March, 2023, or whose appeal against the said order was rejected solely on the grounds that the said appeal was not filed within the time period specified in sub-section (1) of section 107. In all such cases, filing of appeal by the taxpayers will be allowed against such orders upto 31^st January 2024, subject to the condition of payment of an amount of pre-deposit of 12.5% of the tax under dispute, out of which at least 20% (i.e. 2.5% of the tax under dispute) should be debited from Electronic Cash Ledger. This will facilitate a large number of taxpayers, who could not file appeal in the past within the specified time period.

Changes in GST rates of services

Entries at Sl. No. 3 and 3A of notification No. 12/2017-CTR dated 28.06.2017 exempts pure and composite services provided to Central/State/UT governments and local authorities in relation to any function entrusted to Panchayat/ Municipality under Article 243G and 243W of the Constitution of India. The GST Council has recommended to retain the existing exemption entries with no change.
Further, the GST Council has also recommended to exempt services of water supply, public health, sanitation conservancy, solid waste management and slum improvement and upgradation supplied to Governmental Authorities.

GST Council decides to exempt sale of loose millets + 5% tax rate on pre-packaged products
GST Tribunal – Age of President raised upto max 70 & Members upto 67 + Advocates with 10 yrs of experience allowed to apply for Judicial Member
IGST exemption granted to foreign vessels for coastal runs in India
GST Council decides to gift right to tax ENA to States + tax rate on molasses reduced to 5%
GST – No tax if corporate guarantee is given by Director + If corporate guarantee is given to subsidiary by company, tax to be levied on 1% of sum guaranteed

The parent company’s corporate guarantee to its subsidiary for a bank loan will attract 18 per cent GST, recommended the GST Council on Saturday. However, there will be no GST if a director provides a personal guarantee for a loan from a bank or any financial institution to his/her own company.”

“When the corporate guarantee is given by a director to a company then then the value of service will be deemed to be zero, hence no tax,” Revenue Secretary Sanjay Malhotra said at a press conference to announce recommendations of 52nd meeting of GST Council under the Chairpersonship of Finance Minister Nirmala Sitharaman in the national capital.

A statement issued by the Finance Ministry clarified that when no consideration is paid by the company to the director in any form, directly or indirectly, for providing personal guarantee to the bank/ financial institutions on their behalf, the open market value of the said transaction/ supply may be treated as zero and hence, no tax to be paid. However, taxable value of supply of corporate guarantee provided between related parties (parent company and subsidiary) will be one per cent of the amount of such guarantee offered, or the actual consideration, whichever is higher.

The Council recommended amendment in sub-rule (2) of Rule 159 of the CGST Rules, 2017 and FORM GST DRC-22 by stipulating that any order for provisional attachment in FORM GST DRC-22 will no longer remain valid after the passage of one year from the date of the initial order. As to mean provisionally attached property will be automatically released after 1 year
To clarify that job work services for processing of barley into malt attracts GST @ 5% as applicable to “job work in relation to food and food products” and not 18%.
From January 1, 2022, the responsibility for paying GST on bus transportation services provided through Electronic Commerce Operators (ECOs) has been shifted to the ECOs under section 9(5) of the CGST Act, 2017. This change was made in response to industry associations’ representations, recognizing that many small bus operators supplying services through ECOs, typically owning one or two buses, faced challenges in registering and meeting GST compliance requirements.
To strike a balance between the ease of doing business for small operators and the ability of large organized players to claim Input Tax Credit (ITC), the GST Council has recommended that bus operators organized as companies should be excluded from the purview of Section 9(5) of the CGST Act, 2017. This exemption allows them to pay GST on their services using their available ITC.
To clarify that District Mineral Foundations Trusts (DMFT) set up by the State Governments across the country in mineral mining areas are Governmental Authorities and thus eligible for the same exemptions from GST as available to any other Governmental Authority.
Supply of all goods and services by Indian Railways shall be taxed under the Forward Charge Mechanism to enable them to avail of ITC. This will reduce the cost for Indian Railways.
28% GST on online money gaming effective from 1 October:

As of now 18 states have passed legislative changes to implement the 28% Goods and Services Tax (GST) on online gaming, horse racing and casinos and all the remaining states have agreed to make the necessary changes which will have effect from 1 October, Revenue Secretary Sanjay Malhotra said at a briefing.

Amendment with respect to ISD as Recommended by the GST Council w.e.f prospective one:

The GST Council’s recommendation makes it mandatory, prospectively, for the distribution of Input Tax Credit (ITC) in cases where the Head Office (HO) procures input services from a third party that are attributable to both the HO and Branch Office (BO) or exclusively to one or more BOs.

This change involves amendments to Section 2(61), Section 20 of the CGST Act, 2017, and Rule 39 of the CGST Rules, 2017.

Amendment proposed for allowing Suppliers to claim refunds of IGST paid on supplies made to SEZ Developer or SEZ Unit for authorised operations

The GST Council has inter-alia made the following recommendations:

To amend the Notification 01/2023-Integrated Tax dated July 31, 2023, so as to allow suppliers to claim refund of IGST paid on supplies of goods or services (except commodities like pan masala, tobacco, guthka etc.) for authorised operations to a Special Economic Zone developer or Special Economic Zone Unit.

Clarification on various issues related to Place of Supply: The Council has recommended to issue a Circular to clarify the place of supply in respect of the following supply of services:

(i) Supply of service of transportation of goods, including by mail or courier, in cases where the location of supplier or the location of recipient of services is outside India;

(ii) Supply of advertising services;

(iii) Supply of the co-location services.

Issuance of clarification relating to export of services-: TheCouncil has recommended to issue a circular to clarify the admissibility of export remittances received in Special INR Vostro account, as permitted by RBI, for the purpose of consideration of supply of services to qualify as export of services in terms of the provisions of sub-clause (iv) of clause (6) of section 2 of the IGST Act, 2017.

Disclaimer:

This publication contains information for general guidance only. It is not intended to address the circumstances of any particular individual or entity. Although the best of endeavour has been made to provide the provisions in a simpler and accurate form, there is no substitute to detailed research with regard to the specific situation of a particular individual or entity. We do not accept any responsibility for loss incurred by any person for acting or refraining to act as a result of any matter in this publication.

THANKING YOU.