GST WEEKLY UPDATE : 28/2022-23 (09.10.2022) By CA Vipul Khandhar

By CA Vipul Khandhar

1. Single sign-on (SSO) functionality has been enabled for e-Invoice and e-Waybill:

• The Single sign-on (“SSO”) functionality has been enabled for e-Invoice and e-Waybill.
• The SSO is a facility by which the user can log in to the e-Way bill system using his/her credentials and click on the e-Invoice link to access the e-Invoice system directly without logging in again and vice versa.

2. New Time limits for GST compliances:

The time limit for the following compliances in respect of a particular financial year has been extended and fixed as November 30 of the next financial year, or furnishing of the relevant annual return, whichever is earlier:

It is clarified that the extended timelines for compliances listed supra are applicable to the compliances for FY 2021-22 onwards. It is further clarified that the said compliances in respect of a financial year can be carried out in the relevant return or the statement filed/ furnished upto November 30 of the next financial year, or the date of furnishing annual return for the said financial year, whichever is earlier. It is also clarified that no extension of due date of filing monthly return/ statement for the month of October (due in November) or the due date of filing quarterly return/ statement for the quarter ending September has been made vide the amendments in CGST Act, 2017 notified through Notification No. 18/2022-Central Tax dated September 28, 2022.

3. Gujarat VAT Amnesty Scheme 2022:

• The Gujarat Government Finance Department has introduced the amnesty scheme vide notification no. TAX-102022-900-Th dated 6 October 2022 in order to clear the pending appeals and dues which are booked under the pre-GST indirect tax regime.

• This one-time settlement is introduced to help businesses from tax burdens and save time of both businesses and departments. This may ensure ease of doing business.
• Dues under below Acts are covered (which will be enacted separately for the purpose of waiver):

– Gujarat VAT Act, 2003;

– The Central Sales Tax Act, 1956; and

– The Gujarat Sales Tax Act, 1969

• Cases / Categories covered under exemption / demand of levies as well as accrued interest:

– The tax demand and interest pertaining to the period before 31 March, 2006 amounting upto Rs. 1,00,000 (for each year) shall be dropped along with interest and resolved.

– The tax demand and interest pertaining to the period between 1 April, 2006 to 31 March 2017 amounting upto Rs. 50,000 shall be dropped along with interest and resolved.

–Only the final order out of provisional assessment/audit assessment/rectification or dispute orders issued by 31 August 2022 shall be considered;

– In case of issue based assessment, total demand as per any financial order for the relevant assessment year shall be considered for limit under this scheme;

– Demand amount under this scheme shall mean Total Amount including Tax, Interest and penalty as per the final order;

– Benefit of scheme is also available in cases wherein existing demand is only for interest and penalty; Eligibility: Only those firms which are not registered under GST and whose business is closed as on the date of this resolution will be eligible for the benefit;

• In-Eligible Category:

– Demand pertains to cases of bogus billing where sales bills were issued without actual sale of goods;

– Persons who have been declared fugitive by the government of India under Extradition Act will not be eligible for the scheme;

– In cases where assessment proceedings are undertaken for orders issued prior to 01 Sept 2022 which are currently pending shall not be eligible for this benefit; – In cases where Appeal has been filed by the revenue in Tribunal or court of law which is pending before the court shall not be eligible for the benefit; Other

• Availment of scheme suo-motu:

 – For the cases eligible for this benefit, pending Appeals filed by the Trader / Tax payer shall be submitted by the Appellate Authority and no submission or confirmation for availment of scheme is required by the Taxpayer.

-However, if the taxpayer wants to continue with the Appeal, such written information is required to be submitted within 30 days from the date of resolution to concerned Appellate Authority;

-in case of any refund arising for any reason, such refund shall not be admissible nor shall such excess amount be set off against other outstanding charges;

– No refund shall be allowed for advance deposit made by the merchant.

4. New Functionalities On GST Portal:

REGISTRATION:

Clarification in Reg-04 for queries raised in Reg-03 for Registration

Two Options:-

-Opening all allowed fields

-Opening Fields with Queries

For Composition Reg: Items updated in Restrictive list as per N No. 04/22 & 43/2019

Refunds:

– Period begining from July 2017 opened for filing Refund application (as per Court order/amnesty)

PMT-03:

– Facility to Modify the amount in case wrongly entered in ‘Undertaking for PMT-03 of Inadmissible Amount of Refund’

5. AAR & Judicial Decisions:

(i) AAR On No GST On Subsidised Deduction made From Employees Availing Food In Factory Or Corporate Office:

(Applicant – Zydus Lifesciences Ltd)

The AAR has observed that the applicant was providing a canteen facility to its permanent employees (on payroll) as per the contractual agreement between the employer and employee relationship.

The clarification issued vide Circular No. l72lO4/2022-GST dated 06-07-22, the provision of the services of transportation and canteen facility cannot be considered as supply of goods or services and hence cannot be subjected to GST.

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.