Summary of the various Notifications issued on 15 th October’2020 (Happy GST series – 44) by CA Rajender Arora

Summary of the various Notifications issued on 15 th October’2020 (Happy GST series – 44) by CA Rajender Arora

Various Notifications are issued on 15 th October’2020 and their summary is as follows:-


1. Notification No. 74/2020-Central Tax dated 15.10.2020
Seeks to prescribe the due date for furnishing FORM GSTR-1 for the quarters October, 2020 to December, 2020 and January, 2021 to March, 2021 for registered persons having aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the current financial year.

2. Notification No. 75/2020-Central Tax dated 15.10.2020


Seeks to prescribe the due date for furnishing FORM GSTR-1 by such class of registered persons having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or the current financial year, for each of the months from October, 2020 to March, 2021 till the eleventh day of the month succeeding such month.

3. Notification No. 76/2020-Central Tax dated 15.10.2020
Seeks to prescribe return in FORM GSTR-3B of CGST Rules, 2017 along with due dates of furnishing the said form for October, 2020 to March, 2021.
The return in FORM GSTR-3B for each of the months from October, 2020 to March, 2021 shall be furnished electronically through the common portal, on or before the twentieth day of the month succeeding such month:


Provided that, for taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep, the return in FORM GSTR-3B of the said rules for the months of October, 2020 to March, 2021 shall be furnished electronically through the common portal, on or before the twenty-second day of the month succeeding such month:

Provided further that, for taxpayers having an aggregate turnover of up to five crore
rupees in the previous financial year, whose principal place of business is in the States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim,
Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or
Delhi, the return in FORM GSTR-3B of the said rules for the months of October, 2020 to

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March, 2021 shall be furnished electronically through the common portal, on or before the twenty-fourth day of the month succeeding such month.
Payment of taxes for discharge of tax liability as per FORM GSTR-3B. – Every registered person furnishing the return in FORM GSTR-3B of the said rules shall, subject to the provisions of section 49 of the said Act, discharge his liability towards tax by debiting the electronic cash ledger or electronic credit ledger, as the case may be and his liability towards interest, penalty,
fees or any other amount payable under the said Act by debiting the electronic cash ledger, not later than the last date, as specified in the first paragraph, on which he is required to furnish the said return


4. Notification No. 77/2020-Central Tax dated 15.10.2020
Seeks to make filing of annual return under section 44 (1) of CGST Act for F.Y. 2019-20 optional for small taxpayers whose aggregate turnover is less than Rs 2 crores and who have not filed the said return before the due date.

5. Notification No. 78/2020-Central Tax dated 15.10.2020
Seeks to notify the number of HSN digits required on tax invoice. Amendment in the Notification No.12/2017 – Central Tax, dated the 28th June, 2017 is made, with effect from the 01st day of April, 2021, the person having Aggregate Turnover in the preceding Financial Year as Specified on Column (2) of the Table shall be required to mention Number of Digits of Harmonised System of Nomenclature Code (HSN Code) as specified in Column (3) of the Table Provided that a registered person having aggregate turnover up to five crores rupees in the
previous financial year may not mention the number of digits of HSN Code, as specified in the corresponding entry in column (3) of the said Table in a tax invoice issued by him under the said rules in respect of supplies made to unregistered persons.


6. Notification No. 79/2020-Central Tax dated 15.10.2020
Seeks to make the Twelfth amendment (2020) to the CGST Rules.2017. Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette. Various Amendments are being made and explained in detailed clause by clause;-
Clause 2 in rule 46, for the first proviso, the following proviso shall be substituted, namely:

“Provided that the Board may, on the recommendations of the Council, by
notification, specify-
(i) the number of digits of Harmonised System of Nomenclature code for
goods or services that a class of registered persons shall be required to
mention; or
(ii) a class of supply of goods or services for which specified number of digits
of Harmonised System of Nomenclature code shall be required to be
mentioned by all registered taxpayers; and
(iii) the class of registered persons that would not be required to mention the
Harmonised System of Nomenclature code for goods or services:”.

Clause 3 for rule 67A, the following rule shall be substituted, namely: -

“67A. Manner of furnishing of return or details of outward supplies by short
messaging service facility.-

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Not with standing anything contained in this Chapter, for a registered person who
is required to furnish a Nil return under section 39 in FORM GSTR-3B or a Nil
details of outward supplies under section 37 in FORM GSTR-1 or a Nil statement
in FORM GST CMP-08 for a tax period, any reference to electronic furnishing
shall include furnishing of the said return or the details of outward supplies or
statement through a short messaging service using the registered mobile number
and the said return or the details of outward supplies or statement shall be
verified by a registered mobile number based One Time Password facility.


Explanation. - For the purpose of this rule, a Nil return or Nil details of outward
supplies or Nil statement shall mean a return under section 39 or details of
outward supplies under section 37 or statement under rule 62, for a tax period
that has nil or no entry in all the Tables in FORM GSTR-3B or FORM GSTR-1 or
FORM GST CMP-08, as the case may be.”.

Clause 4 in rule 80, in sub-rule (3), for the proviso, the following proviso shall be
substituted, namely: -

“Provided that for the financial year 2018-2019 and 2019-2020, every registered
person whose aggregate turnover exceeds five crore rupees shall get his
accounts audited as specified under sub-section (5) of section 35 and he shall
furnish a copy of audited annual accounts and a reconciliation statement, duly
certified, in FORM GSTR-9C for the said financial year, electronically through the
common portal either directly or through a Facilitation Centre notified by the
Commissioner.”.

Clause 5 with effect from the 20th day of March, 2020, in rule 138E, after the third proviso, the following proviso shall be inserted, namely: -

“Provided also that the said restriction shall not apply during the period from the
20th day of March, 2020 till the 15th day of October, 2020 in case where the
return in FORM GSTR-3B or the statement of outward supplies in FORM GSTR-
1 or the statement in FORM GST CMP08, as the case may be, has not been
furnished for the period February, 2020 to August, 2020.”.

Clause 6 in rule 142, in sub-rule (1A), -

(i) for the words “proper officer shall”, the words “proper officer may” shall be
substituted;
(ii) for the words “shall communicate”, the word “communicate” shall be substituted.

Clause 7 in FORM GSTR-1,

against serial number 12, in the Table, in column 6, in the heading, for the words
“Total value”, the words “Rate of Tax” shall be substituted.

Clause 8 for FORM GSTR-2A
Clause 9 in FORM GSTR-5
Clause 10 in FORM GSTR-5A
Clause 11 in FORM GSTR-9
Clause 12 in FORM GSTR-9C
Clause 13 in FORM GST RFD-01
Clause 14 in FORM GST ASMT-16
Clause 15 in FORM GST DRC-01
Clause 16 in FORM GST DRC-02
Clause 17 in FORM GST DRC-07
Clause 18 in FORM GST DRC-08
Clause 19 in FORM GST DRC-09
Clause 20 in FORM GST DRC-24
Clause 21 in FORM GST DRC-25


DISCLAIMER: This publication is merely a general guide meant for knowledge purposes only. All the references or content are for educational purposes only and do not constitute a legal advice.


We do not accept any liabilities whatsoever for any losses caused directly or indirectly by the use/reliance of any information or conclusion contained in this publication. Prior to acting upon this

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publication, you're suggested to seek the advice. This work is entirely in the interest of profession and to contribute into my beloved subject of GST.

 

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