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CONNECT WITH “CAJOHAR” AT 8010921000 , 8860068196
In simple words, the perquisite arising from the annual accretion on the employer’s contribution to
welfare funds shall be the average return (I/Favg) on the sum of :
(a) ½ of the current year’s contribution in excess of `7,50,000
(b) Contribution in excess of `7,50,000 up to last year; and
(c) Accretion taxable as perquisite upto last year
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If the sum of (b) and (c) exceeds the opening balance of the fund, it shall be restricted to such opening
balance.
Illustration 4: Following data is given to you of an employee, Mr. J, for the PY 2020-2021
Section 17(2)(vii)
Section 17(2)(viia)
TP = (PC / 2) * R + (PC1 + TP1) * R
TP Taxable perquisite u/s 17(2)(viia) for PY 2020-2021 `1,50,000 / 2 * 9.88% = `7409
TP1 Aggregate of taxable perquisite u/s 17(2)(viia) for the Nil
PY or PYs starting on/after 1/4/2020 other than the (since this is the first year of
PY 2020-2021 taxability of such perquisite)
PC Amount or aggregate of amounts of employer’s `9,00,000 - `7,50,000 = `1,50,000
contribution in excess of `7,50,000 to specified fund
during PY 2020-2021
PC1 Amount or aggregate of amounts of employer’s Nil (Since this is the first previous
contribution in excess of `7,50,000 to the specified year for taxability of such
fund for the PY or PYs starting on/after 1/4/2020 perquisite)
other than the current PY
R I / Favg `2,65,000 / `26,82,500 = 9.88%.
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CONNECT WITH “CAJOHAR” AT 8010921000 , 8860068196
Continuation with above example, following data is given to you of an employee, Mr. J, for the PY 2021-
2022
Section 17(2)(vii)
Section 17(2)(viia)
TP = (PC / 2) * R + (PC1 + TP1) * R
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Section 17(2)(vii)
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CONNECT WITH “CAJOHAR” AT 8010921000 , 8860068196
Section 17(2)(viia)
TP = (PC / 2) * R + (PC1 + TP1) * R
TP Taxable perquisite u/s 17(2)(viia) for PY 2020-2021 (`1,00,000 / 2) x 0.08153 + (Nil +
Nil) x 8.153% = `4,077
TP1 Aggregate of taxable perquisite u/s 17(2)(viia) for the Nil
PY or PYs starting on/after 1/4/2020 other than the (since this is the first year of
PY 2020-2021 taxability of such perquisite)
PC Amount or aggregate of amounts of employer’s `8,50,000 - `7,50,000 = `1,00,000
contribution in excess of `7,50,000 to specified fund
during PY 2020-2021
PC1 Amount or aggregate of amounts of employer’s Nil (Since this is the first previous
contribution in excess of `7,50,000 to the specified year for taxability of such
fund for the PY or PYs starting on/after 1/4/2020 perquisite)
other than the current PY
R I / Favg `3,44,250 / `42,22,125 x100
= 8.153%
I Amount or aggregate of amounts of income `3,44,250
accrued during the PY 2020-2021 in the
specified fund
Favg Amount or aggregate of amounts of balance (`32,00,000 + `52,44,250) / 2 =
to the credit of the specified fund on `42,22,125
1/4/2020
+ [`32,00,000 + `8,50,000 +
Amount or aggregate of amounts of balance `8,50,000 + `3,44,250 =
to the credit of specified fund on 31/3/2021 `52,44,250]
2
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CONNECT WITH “CAJOHAR” AT 8010921000 , 8860068196
Karta of a Hindu Undivided Family (vi) A person applying for Unique Identity
Number.
Notification No. 03/2021 CT dated 23.02.2021
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provisions of the CGST Act or the CGST rules; (b) issues invoice or bill without supply of goods
or or services or both in violation of the
(b) a person paying tax under composition scheme provisions of the CGST Act or CGST Rules;
has not furnished returns for 3 consecutive tax or
periods (c) violates the provisions of Section 171 of the
(c) any registered person has not furnished returns CGST Act i.e. if rate of GST has been
for a continuous period of 6 months decreased, benefit should be given to the
(d) any person who has taken voluntary customer but he does not pass the benefit
registration and has not commenced business (d) violates the provision of Rule 10A of CGST
within 6 months from the date of registration Rules
(e) registration has been obtained by means of (e) avails ITC in violation of section 16 of the
fraud, willful misstatement or suppression of CGST Act or CGST Rules; or
facts (f) mismatch of GSTR-1 and GSTR-3B for one
(f) The Proper officer (superintendent of central or more tax periods; or
excise) shall issue a notice before cancellation (g) violates the provision of Rule 86B
and only after giving an opportunity of being
heard decision shall be taken to cancel the
certificate: 1st Proviso to section 29(2)
RULE 21A: SUSPENSION OF GST REGISTRATION
Rule Registered person has the registration shall be deemed to be suspended from the date
21A(1) applied for cancellation later of
of registration a) date of submission of the application for cancellation
b) date from which the cancellation is sought
this is till completion of proceedings for cancellation of
registration under rule 22
Rule Where cancellation of The Proper Officer may suspend the registration of a person
21A(2) the registration has been without giving opportunity of being heard and such
initiated by the suspension shall be done with effect from a date to be
Department on their determined by the Proper Officer
own motion
Rule mismatch of GSTR-1 If there is a mismatch indicating significant differences
21A(2A) and GSTR filed under which may lead to cancellation of registration
section 39 for one or the registration shall be suspended and registered person
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more tax periods shall be intimated in form GST REG-31 on the common
portal or by sending an e-mail
mentioning said differences in the form GST REG-31
asking him to explain within a period of 30 days as to why
his registration shall not be cancelled
Rule Restriction on registered A registered person, whose registration has been suspended as
21A(3) person whose per Rule 21A(1) or (2) or (2A) above:
registration has been (a) shall not make any taxable supply during the period of
suspended suspension and
(b) shall not be required to furnish any return under section 39
Explanation: The expression "shall not make any taxable
supply" shall mean that the registered person shall not issue a
tax invoice and, accordingly, not charge tax on supplies made
by him during the period of suspension.
Rule Denial of refund A registered person, whose registration has been suspended
21(3A) under sub-rule (2) or sub-rule (2A), shall not be granted
any refund u/s 54, during the period of suspension of his
registration
Rule Revocation of The suspension of registration shall be deemed to be revoked
21A(4) cancellation upon completion of the cancellation proceedings by the Proper
Officer. Such revocation shall be effective from the date on
which the suspension had come into effect.
Provided that the suspension of registration under this rule
may be revoked by the proper officer, anytime during the
pendency of the proceedings for cancellation, if he deems fit
Rule Revised invoices and Where any order of revocation of suspension of registration
21A(5) first return has been passed the registered person has to issue revised
invoices u/s 31(3)(a) and has to file first GSTR u/s 40 related
to supplies made during the period of suspension
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CONNECT WITH “CAJOHAR” AT 8010921000 , 8860068196
E-WAY BILL
Rule 138(10): Validity of e-way bill
Sl. Distance within Validity period from relevant date
No. country
1. Upto 100 km One day in cases other than Over Dimensional Cargo or multimodal shipment
200 km in which at least one leg involves transport by ship
[Notification No. 94/2020 CT dated 22/12/2020 implemented from 1/1/2021]
2. For every 100 km One additional day in cases other than Over Dimensional Cargo or
200 km or part multimodal shipment in which at least one leg involves transport by ship
thereof thereafter [Notification No. 94/2020 CT dated 22/12/2020 implemented from 1/1/2021]
3. Upto 20 km One day in case of Over Dimensional Cargo or multimodal shipment in which
at least one leg involves transport by ship
4. For every 20 km or One additional day in case of Over Dimensional Cargo or multimodal
part thereof shipment in which at least one leg involves transport by ship
thereafter
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Rule 138(10) : Validity of the e-way bill can be extended within eight hours from the time of its expiry
Rule 138E: Restriction on furnishing of information in Part A of form GST-EWB-01
July 2021 November 2021
No person (including a consignor, consignee, No person (including a consignor, consignee,
transporter, an e-commerce operator or a courier transporter, an e-commerce operator or a courier
agency) shall be allowed to furnish the information agency) shall be allowed to furnish the information
in PART A of FORM GST EWB-01 related to in PART A of FORM GST EWB-01 related to
registered person, whether as a supplier or a registered person, whether as a supplier or a
recipient recipient
(a) who is a person paying tax under composition (a) who is a person paying tax under composition
scheme u/s 10 has not furnished the statement scheme u/s 10 has not furnished the statement
in FORM GST CMP-08 for two consecutive in FORM GST CMP-08 for two consecutive
quarters or quarters or
(b) who is a person paying tax under regular (b) who is a person paying tax under regular
scheme has not furnished the returns for a scheme has not furnished the returns for a
consecutive period of two months consecutive period of two tax periods
(c) who is a person paying tax under regular (c) who is a person paying tax under regular
scheme has not furnished GSTR-1 scheme has not furnished GSTR-1
(statement of outward supplies) for any two (statement of outward supplies) for any two
months or quarters, as the case may be tax periods
(d) whose registration has been suspended
under Rule 21A.
[Notification No. 94/2020 CT dated 22/12/2020]
GST RETURNS
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GSTINs for that PAN can opt for the QRMP Scheme and remaining GSTINs may
not opt for the Scheme.
details of The registered persons opting for the Scheme would be required to furnish the details
outward of outward supply in FORM GSTR-1 quarterly basis
supplies For each of the first and second months of a quarter, such a registered person will
have the facility (Invoice Furnishing Facility- IFF) to furnish the details of such
outward supplies to a registered person, as he may consider necessary, between the
1st day of the succeeding month till the 13th day of the succeeding month. The said
details of outward supplies shall, however, not exceed the value of fifty lakh rupees
in each month. It may be noted that after 13th of the month, this facility for
furnishing IFF for previous month would not be available. As a facilitation measure,
continuous upload of invoices would also be provided for the registered persons
wherein they can save the invoices in IFF from the 1st day of the month till 13th day
of the succeeding month. The facility of furnishing details of invoices in IFF has
been provided so as to allow details of such supplies to be duly reflected in the
FORM GSTR-2A and FORM GSTR-2B of the concerned recipient.
For example, a registered person who has availed the Scheme wants to declare two
invoices out of the total ten invoices issued in the first month of quarter since the
recipient of supplies covered by those two invoices desires to avail ITC in that month
itself. Details of these two invoices may be furnished using IFF. The details of the
remaining 8 invoices shall be furnished in FORM GSTR-1 of the said quarter. The
two invoices furnished in IFF shall be reflected in FORM GSTR-2B of the
concerned recipient of the first month of the quarter and remaining eight invoices
furnished in FORM GSTR-1 shall be reflected in FORM GSTR-2B of the
concerned recipient of the last month of the quarter.
The details of invoices furnished using the said facility in the first two months are
not required to be furnished again in FORM GSTR-1.
Monthly The registered person under the QRMP Scheme would be required to pay the tax
Payment of due in each of the first two months of the quarter by depositing the due amount in
Tax FORM GST PMT-06, by 25th day of the month succeeding such month. The said
person can use any of the following two options provided below for monthly
payment of tax during the first two months —
(a) Fixed Sum Method: A facility is being made available on the portal for
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Applicability
of Interest For registered person making For registered person making
payment of tax by opting Fixed Sum payment of tax by opting Self-
Method Assessment Method
In case the tax due (which is auto- Interest amount would be payable as
calculated fixed sum) is paid in the first per Section 50 for tax or any part
two months of the quarter, within the thereof (net of ITC) which remains
due date - No interest would be payable unpaid or is paid beyond the due date
if it is found that the tax liability (net of for the first two months of the quarter
ITC available) was higher than the
amount paid
If it is not paid within the due date then
interest would be payable at the
applicable rate, from the due date of
furnishing FORM GST PMT-06 till
the date of making such payment.
In case FORM GSTR-3B for the
quarter is furnished beyond the due
date, interest would be payable as per
Section 50 for the tax liability net of
ITC.
Applicability late fee would be the applicable for delay in furnishing of the said quarterly
of Late Fee return/details of outward supply. It is clarified that no late fee is applicable for delay
in payment of tax in first two months of the quarter.
Form GSTR-2A - is a system generated read only statement of inward supplies for a recipient. This
statement is updated on a real time basis. The details become available to the recipient for view/download
and are updated as and when supplier upload or change details in their respective form of return/statement,
for the given tax period.
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CONNECT WITH “CAJOHAR” AT 8010921000 , 8860068196
Rule Details of outward supplies furnished by the supplier in Form GSTR-1 or using the IFF is made
60(1) available electronically to the concerned registered persons (recipients) in Form GSTR-2A, in
Form GSTR-4A [The GSTR-4A is a purchase-related tax return for composition dealers] and in
Form GSTR-6A [summary for an Input Service Distributor (ISD) to view all inward supplies
details from the supplier]
Rule Details of invoices furnished by
60(2) Rule 60(2): a non-resident taxable person in Form GSTR-5
– Rule 60(3): an Input Service Distributor in Form GSTR-6
Rule Rule 60(4): details of TDS by deductor furnished in Form GSTR-7
60(5) Rule 60(5): details of TCS by an e-commerce operator furnished in Form GSTR-8
are made available to the recipient, deductee or concerned person, in Form GSTR-2A.
Rule Details of the IGST paid on the import of goods or goods brought in DTA from SEZ unit/developer
60(6) on a bill of entry are also made available in Form GSTR-2A.
Rule Form GSTR-2B – an auto-drafted read only statement containing the details of ITC - is made
60(7) available to the registered person (recipient) for every month. It is a static statement and is
available only once a month. It consists of –
(i) the details of outward supplies furnished by the suppliers in Form GSTR-1, other than a
supplier who has opted for QRMP scheme, between the day immediately after the due date of
furnishing of Form GSTR-1 for the previous month to the due date of furnishing of Form GSTR-
1 for the month.
(ii) the details of outward supplies furnished by his supplier who has opted for QRMP scheme, in
Form GSTR-1 or using the IFF, as the case may be-
(a) for the 1st month of the quarter, between the day immediately after the due date of
furnishing of Form GSTR-1 for the preceding quarter to the due date of furnishing details
using the IFF for the 1st month of the quarter;
(b) for the 2nd month of the quarter, between the day immediately after the due date of
furnishing details using the IFF for the 1st month of the quarter to the due date of furnishing
details using the IFF for the 2nd month of the quarter;
(c) for the 3rd month of the quarter, between the day immediately after the due date of
furnishing of details using the IFF for the 2nd month of the quarter to the due date of furnishing
of Form GSTR-1 for the quarter.
(iii) the details of the integrated tax paid on the import of goods or goods brought in the DTA
from SEZ unit/developer on a bill of entry in the month.
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Form GSTR-2B consists of all documents filed by suppliers/ISD in their Form GSTR-1, 5 & 6, between
the cut-off dates. It also consists of import data for the period which are received within 13th of the
succeeding month.
In case of monthly Form GSTR-1, the cut-off date is 00:00 hours on 12th of the relevant month to 23:59
hours, on 11th of the succeeding month. Whereas for quarterly Form GSTR-1/IFF, Form GSTR-5 and Form
GSTR-6, the cut-off date is 00:00 hours on 14th day of relevant month to 23:59 hours, on 13th day of
succeeding month.
The details filed in Form GSTR-1 & 5 (by supplier) & Form GSTR-6 (by ISD) would reflect in the next
open Form GSTR-2B of the recipient irrespective of supplier’s/ISD’s date of filing.
If a supplier opting for QRMP files an invoice dated 15th July on 13th August, it will get reflected in GSTR-
2B of July (generated on 14th August). If the document is filed on 14th August, the document will be
reflected in Form GSTR-2B of August (generated on 14th September).
Rule The statement in Form GSTR-2B for every month shall be made available to the registered person
60(8) (i) for the 1st and 2nd month of a quarter, a day after the due date of furnishing of details of outward
supplies for the said month
in the IFF by a registered person opting for QRMP, or
in Form GSTR-1 by a registered person other than opting for QRMP, whichever is later.
(ii) in the 3rd month of the quarter, a day after the due date of furnishing of details of outward
supplies for the said month, in Form GSTR-1 by a registered person opting for QRMP
For the quarter July-September, Form GSTR-2B for a registered person (recipient) who has received
supplies from QRMP suppliers as well as from other suppliers will be generated as follows:
Month Date of generation of GSTR-2B
July 14th August
August 14th September
September 14th October
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CONNECT WITH “CAJOHAR” AT 8010921000 , 8860068196
Rule Every registered person required to furnish return shall, discharge their liability towards tax,
61(2) interest, penalty, fees or any other amount payable under GST law by debiting the electronic cash
ledger or electronic credit ledger and include the details in the return in form GSTR-3B
Rule Every registered person under QRMP scheme shall pay the tax due under proviso to section 39(7)
61(3) for each of the first 2 months of the quarter, by depositing the said amount in Form GST PMT-
06, by the 25th day of the month succeeding such month.
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1st Proviso: The Commissioner on the recommendations of the GST Council and by issue of
notification, can extend the due date for depositing the said amount in Form GST PMT-06, for
such class of taxable persons as may be specified therein.
2nd Proviso: Further, any extension of time limit notified by the Commissioner of State tax / UT
shall be deemed to be notified by the Commissioner
3rd Proviso: While making a deposit in Form GST PMT-06, such a registered person may
(a) for the 1st month of the quarter, take into account the balance in the electronic cash ledger.
for the 2nd month of the quarter, take into account the balance in the electronic cash ledger
excluding the tax due for the 1st month
Rule At the time of filing the return for the said quarter in Form GSTR- 3B, the amount deposited by
61(4) the registered person in the first 2 months of the quarter shall be debited. This amount is debited
solely for the purposes of offsetting the liability furnished in that quarter’s Form GSTR-3B.
However, any amount left after filing of that quarter’s Form GSTR-3B may either be claimed as
refund or may be used for any other purpose in subsequent quarters.
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CONNECT WITH “CAJOHAR” AT 8010921000 , 8860068196
Extension of due date for furnishing Form GSTR-1 [Notification No. 83/2020 CT dated 10.11.2020]
With effect from 1/1/2021 the time limit for furnishing the details of outward supplies in Form GSTR-1
has been extended in the following manner:
Class of registered person Time limit for furnishing the details of outward
supplies in Form GSTR-1 for each quarter/tax
period
Registered persons opting for QRMP scheme 13th day of the month succeeding such tax period
Others 11th day of the month succeeding such tax period
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