Professional Documents
Culture Documents
CHAPTER – 1
SUPPLY UNDER GST
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CHAPTER – 2
CHARGE OF GST
6815 Fly ash bricks or fly ash aggregate with 90% or more fly ash
content; Fly ash blocks
Thus, manufacturers of the above-mentioned goods have become ineligible to opt for composition
levy under section 10(1) and 10(2).
[Notification No. 04/2022 CT dated 31.03.2022]
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2. services by way of providing accommodation in hotels, inns, guest houses, clubs, campsites or
other commercial places meant for residential or lodging purposes, except where the person
supplying such service through electronic commerce operator is liable for registration under sub-
section (1) of section 22 of the said Central Goods and Services Tax Ac
3. services by way of house-keeping, such as plumbing, carpentering etc, except where the
person supplying such service through electronic commerce operator is liable for registration
under sub-section (1) of section 22 of the said Central Goods and Services Tax Act
4. supply of restaurant service other than the services supplied by restaurant, eating joints
etc. located at specified premises
specified premises means premises providing hotel accommodation service having declared
tariff of any unit of accommodation above seven thousand five hundred rupees per unit
per day or equivalent
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CHAPTER – 3
EXEMPTIONS FROM GST
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c) inland waterways;
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Parallel amendments in exemptions from IGST to inter-State supply of services have been carried
out by amending Notification No. 9/2017 IT(R) dated 28.06.2017.
[Notification No. 07/2021 CT(R) dated 30.09.2021, Notification No. 16/2021 CT(R) dated
18.11.2021, Notification No. 16/2021 IT(R) dated 18.11.2021 and Notification No. 07/2021
IT(R) dated 30.09.2021]
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CHAPTER – 4
INPUT TAX CREDIT
1. ITC can be availed by the recipients only if the suppliers have uploaded the relevant
invoices/debit notes in their GSTR-1/ IFF and such details have been communicated
to the recipients in GSTR 2B [Section 16(2) and rule 36(4) amended]
With effect from 01.01.2022, a new clause (aa) has been added to section 16(2) by the
Finance Act, 2021 to stipulate a new condition for availment of ITC. It provides that
input tax credit in respect of any supply of goods or services or both is available to a
registered person only if the details of the invoice/debit note in respect of said supply
has been furnished by the supplier in the statement of outward supplies (GSTR-1)
and such details have been communicated to the recipient of such invoice/debit note
in the manner specified under section 37.
Consequently, rule 36(4) has been substituted to give effect to aforesaid amendment.
Substituted rule 36(4) reads as follows:
No input tax credit shall be availed by a registered person in respect of invoices or debit
notes the details of which are required to be furnished under section 37(1) unless,-
(a) the details of such invoices or debit notes have been furnished by the supplier in
the statement of outward supplies in Form GSTR-1 or using the invoice
furnishing facility (IFF); and
(b) the details of such invoices or debit notes have been communicated to the
registered person in Form GSTR-2B under rule 60(7).
Thus, ITC can now be taken only for those invoices/debit notes whose details are
reflected in Form GSTR-2B i.e only when the respective suppliers (vendors) have
filed the details of such invoices in their Form GSTR-1. Earlier, ITC, in respect
of invoices/debit notes not uploaded by the suppliers in their Form GSTR-1s/IFF,
could be availed upto 5% of the eligible credit available in respect of invoices/debit
notes the details of which had been furnished by the suppliers in their Form
GSTR-1s/ using IFF.
[Notification No. 40/2021 CT dated 29.12.2021]
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CHAPTER – 5
REGISTRATION
1. Aadhaar authentication mandatory for existing registered person [New rule 10B]
Lately Aadhaar authentication has been made mandatory for the new registrants as well as for
the existing registrants. With regard to existing registrants, section 25(6A) stipulates that
every registered person shall undergo authentication, or furnish proof of possession of
Aadhaar number, in the prescribed form, manner and time. New rule 10B prescribes the
manner in which aadhaar authentication needs to be done by a registered person.
A registered person, who has been issued a certificate of registration under GST, shall undergo
authentication of the Aadhaar number of:-
o Proprietor, in the case of proprietorship firm,
o Any partner, in the case of a partnership firm,
o Karta, in the case of a Hindu undivided family,
o Managing director or any whole-time director, in the case of a company,
o Any of the Members of the Managing Committee of an Association of persons or body of
individuals or a Society, or
o Trustee in the Board of Trustees, in the case of a Trust; and of the Authorized Signatory,in
order to be eligible for the following purposes:
for filing of application for revocation of cancellation of registration [Rule 23]
for filing of refund application in Form RFD-01 [Rule 89]
for refund of the IGST paid on goods exported out of India [Rule 96]
Consequential amendments by virtue of insertion of rule 10B have been made in rule 23(1)
(revocation of cancellation of registration), in rule 89(1) (application for refund of tax, interest,
penalty, fees or any other amount), and in rule 96(1) (refund of integrated tax paid on goods or
services exported out of India).
First proviso to section 25(6A) provides that if an Aadhaar number is not assigned to an existing
registered person, such person shall be offered alternate and viable means of identification in the
prescribed manner. Such manner has been prescribed by rule 10B as follows:
If Aadhaar number has not been assigned to the person required to undergo authentication
of the Aadhaar number, such person shall furnish the following identification documents,
namely: –
(a) his/ her Aadhaar Enrolment ID slip; and
(b) (i) Bank passbook with photograph; or
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2. Enhanced threshold limit of Rs. 40 lakh for registration available to persons exclusively
engaged in making supplies of goods not applicable to suppliers of fly ash bricks/blocks,
building bricks, bricks of fossil meals, earthen/roofing tiles, etc.
Notification No. 10/2019 CT dated 07.03.2019 exempts any person who is engaged exclusively
in intra-State supply of goods and whose aggregate turnover in a financial year does not exceed
Rs. 40 lakh, from obtaining the registration.
However, the persons engaged in making following supplies are not eligible for said
exemption:
Tariff item, sub- heading, heading or Description of goods
Chapter
2105 00 00 Ice cream and other edible ice, whether or not
containing cocoa
2106 90 20 Pan masala
24 All goods, i.e. Tobacco and manufactured
tobaccosubstitutes
With effect from 01.04.2022, persons engaged in making supplies of following goods will also
not be eligible to avail benefit of said exemption from registration even if they are engaged
exclusively in intra-State supply of goods and their aggregate turnover in a financial year is upto
Rs. 40 lakh:
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CHAPTER – 6
TAX INVOICE, CREDIT AND DEBIT NOTES E-
WAY BILL
1. E-invoicing mandatory for all registered businesses with aggregate turnover in any
preceding financial year from 2017-18 onwards greater than Rs. 20 crore
With effect from 01.10.2020, e-invoicing was
made mandatory for all registered
businesses with an aggregate turnover
(based on PAN) in any preceding financial year
from 2017-18 onwards greater than Rs. 500 crore
for issue of all B2B invoices.
Since then, the threshold limit for issuing the e-
invoices is being progressively reduced.
With effect from 01.04.2022, such limit has been further reduced to Rs. 20 crore. Thus, e-
invoicing has been made mandatory for all registered businesses with an aggregate turnover in
any preceding financial year from 2017-18 onwards greater than Rs. 20 crore.
[Notification No. 01/2022 CT dated 24.02.2022]
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Said rule has been amended to relax such restriction. Henceforth, blocking of GSTIN for e-way
bill generation facility is only in respect of any outward movement of goods of the registered
person who is ineligible for e-way bill generation as per rule 138E. E-way bills can be generated
in respect of inward supplies received by said registered person.
Example: Mr. A, a registered person paying tax under regular scheme in Delhi, has not filed Form GSTR-
1 for last 2 months. Mr. B, Haryana, (a regular return filer) wants to generate an e-way bill for goods to be
supplied to Mr. A. As per earlier position of law Mr. B would not have been able to generate e-way bill
with Mr. A’s GSTIN.
In terms of the amended position of law, there will be no more restriction in generating e-way bill as Mr.
B who is making outward movement of goods is a regular return filer.
Mr. A wants to generate an e-way bill in respect of an outward supply of goods to Mr. H. E-way bill
generation is blocked in this case as it’s an outward movement of goods of Mr. A who has not filed
GSTR-1 for past 2 months.
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CHAPTER – 7
PAYMENT OF TAX
1. Guidelines for disallowing debit of electronic credit ledger under rule 86A
Rule 86A provides that in certain specified circumstances, Commissioner or an officer authorised
by him, not below the rank of Assistant Commissioner, on the basis of reasonable belief that ITC
available in the electronic credit ledger has been fraudulently availed or is ineligible, may not
allow debit of an amount equivalent to such credit in electronic credit ledger. CBIC has issued
guidelines for disallowing debit of said amount from electronic credit ledger under rule 86A.
On perusal of rule 86A, it is evident that Commissioner, or an officer authorised by him, not below
the rank of Assistant Commissioner, must have "reasons to believe" that ITC available in the
electronic credit ledger is either ineligible or has been fraudulently availed by the registered
person, before disallowing the debit of amount from electronic credit ledger of the said registered
person under rule 86A.
The reasons for such belief must be based on one or more following grounds:
The credit is availed by the registered person on the invoices or debit notes issued by a
supplier, who is found to be non-existent or is found not to be conducting any business
from the place declared in registration.
The credit is availed by the registered person on invoices or debit notes, without actually
receiving any goods or services or both.
The credit is availed by the registered person on invoices or debit notes, the tax in respect
of which has not been paid to the Government.
The registered person claiming the credit is found to be non-existent or is found not to be
conducting any business from the place declared in registration.
The credit is availed by the registered person without having any invoice or debit note or
any other valid document for it.
[CBEC 20/16/05/2021 GST/1552 dated 02/11/2021]
Guidelines
Person, who can impose restrictions: -
(1) Commissioner (OR)
(2) Officer authorised by him
Where Ineligible ITC is-
- Upto `1 Crore = Assistant Comm. / Deputy Comm.
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CHAPTER – 8
RETURNS
1. Maximum late fees payable under section 47 for delayed filing of Forms GSTR-1,
GSTR-3B and GSTR-4, rationalized
Section 47 stipulates a specified amount of late fee for delay in filing any of the following by their
respective due dates:
(A) Statement of Outward Supplies [Section 37]
(B) Returns (including returns under QRMP Scheme) Returns [Section 39]
(C) Final Return [Section 45]
An equal amount of late fee is payable by such person under the respective SGST/UTGST Act as
well.
The late fee can be waived off partially or fully by the Central Government. Since the inception
of GST law, late fee is being regularly waived off by the Central Government either partially or
fully.
From the tax period June, 2021 onwards or quarter ending June, 2021 or FY 2020-21 onwards, as
the case may be, late fee for delayed filing of Forms GSTR-1, GSTR-3B and GSTR-4, has been
rationalized as follows:
For delayed filing of GSTR-1 and/or GSTR-3B:-
Total amount of late fee payable under section 47 from June, 2021 / quarter ending June, 2021
onwards, by the registered person who fail to furnish Form GSTR-1 and/or Form GSTR-3B by
the due date, shall be as follows:
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Aggregate turnover
Rs. 2,000 (Rs. 1,000 each under
≤ Rs. 1.5 crores in
CGST & SGST/UTGST)
the preceding FY
(2) Registered persons other
than those covered in (1)
above, and
Rs. 5 crores ≥ Aggregate
turnover > Rs. 1.5 Rs. 5,000 (Rs. 2,500 each under
crores, in the preceding CGST & SGST/UTGST)
Registered persons other FY
than (1) and (2)
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further provides for the Commissioner to exempt a class of taxpayers from the requirement of
filing the annual return.
Substituted section 44 reads as follows:
Every registered person, other than an input service distributor, a person paying tax under section
51 or section 525, a casual taxable person and a non- resident taxable person shall furnish an
annual return which may include a self-certified reconciliation statement, reconciling the value of
supplies declared in the return furnished for the financial year, with the audited annual financial
statement for every financial year electronically, within such time and in such form and in such
manner as may be prescribed (for the financial year 2020-2021 the said annual return shall be
furnished on or before the twenty-eighth day of February, 2022)
However, the Commissioner may, on the recommendations of the Council, by notification, exempt
any class of registered persons from filing annual return under this section.
Further, nothing contained section 44 shall apply to any department of the Central Government or
a State Government or a local authority, whose books of account are subject to audit by the
Comptroller and Auditor-General of India, or an auditor appointed for auditing the accounts of
local authorities under any law for the time being in force.
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