GST Amendments

Basics
Levy and collection of GST compensation cess extended till 31.03.2026
Initially, GST compensation cess was levied for a period of 5 years upto 30 thJune, 2022. However,
its levy and collection has been extended till 31 st March, 2026. [Notification No. 1/2022
Compensation Cess dated 24.07.2022]

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Supply Under GST

Perquisites Provided in Contractual Agreement to Employee Not Liable to GST
Perquisites in Contractual Agreement and GST Implications
● Perquisites provided by the employer to its employees in terms of a contractual agreement
are in lieu of the services provided by the employee to the employer in relation to his
employment
● Perquisites provided by the employer to the employee in terms of a contractual agreement
entered into between the employer and the employee will not be subjected to GST.

Example:
An employee enters into a contractual agreement with their employer, which includes a
perquisite of a company car for personal and professional use. This perquisite is provided by the
employer in lieu of the services provided by the employee in relation to their employment. Such a
perquisite will not be subjected to GST.

MCQ 1:
Are perquisites provided by an employer to its employees as per a contractual agreement liable
for GST?
a) Yes, they are liable for GST.
b) No, they are not liable for GST.
c) It depends on the type of perquisite.
d) GST is only applicable if the perquisite exceeds a certain value.
Answer: b) No, they are not liable for GST.

MCQ 2:
Which of the following is true regarding the applicability of GST on perquisites provided by
employers to employees under contractual agreements?
a) GST is applicable only if the perquisite is a tangible good.
b) GST is not applicable, as these perquisites are considered part of the employee's salary.
c) GST is applicable, as these perquisites are considered additional benefits.
d) GST is not applicable, as they are in lieu of services provided by the employee in relation to
their employment.

Answer: d) GST is not applicable, as they are in lieu of services provided by the employee in
relation to their employment.

GST Applicability on Liquidated Damages, Compensation, and Penalty Arising from

Breach of Contract or Other Provisions of Law

Circular No. 178/10/2022 GST (03.08.2022) clarifies that GST applies to liquidated damages,
compensation, and penalties arising from breaches of contract or other provisions of law if the
situation falls under para 5(e) of Schedule II to the CGST Act, 2017, which includes:
1. Agreeing to the obligation to refrain from an act

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2. Agreeing to the obligation to tolerate an act or a situation
3. Agreeing to the obligation to do an act

These activities must comply with the following conditions:

● There must be an expressed or implied agreement or contract
● Consideration must flow in return for the contract/agreement. (That is consideration must
be in return of a. To refrain b. To tolerate c. to do)

Following points are to be kept in mind

● If amount is paid for non-compliance of law, GST will not be levied as penalty is not levied /
collected as a consideration for any supply.
● Compensation for the losses suffered and as a penalty for discouraging the non-serious
buyers or employees will not be considered as consideration for tolerating an act etc.

Examples of each type of activity are provided, illustrating the application of GST in different
scenarios.
1. Agreeing to the obligation to refrain from an act:
● Non-compete agreements, where one party agrees not to compete with the other
party in a product, service, or geographical area against a consideration paid by the
other party.
● A builder refraining from constructing more than a certain number of floors, even
though permitted to do so by the municipal authorities, against a compensation
paid by the neighboring housing project, which wants to protect its sunlight.
2. Agreeing to the obligation to tolerate an act or a situation:
● A shopkeeper allowing a hawker to operate from the common pavement in front of
his shop against a monthly payment by the hawker.
● A Resident Welfare Association (RWA) tolerating the use of loudspeakers for early
morning prayers by a school located in the colony, subject to the school paying an
agreed sum to the RWA as compensation.
3. Agreeing to the obligation to do an act:
● An industrial unit agreeing to install equipment for zero emission/discharge at the
behest of the RWA of a neighboring residential complex against a consideration
paid by such RWA, even though the emission/discharge from the industrial unit
was within permissible limits and there was no legal obligation upon the individual
unit to do so.

Taxability of Transactions: Liquidated Damages, Penalties, and Compensation

Liquidated damages are defined as cash compensation agreed to by a signed, written contract for
breach of contract, payable to the aggrieved party.

The taxability of liquidated damages depends on whether they represent consideration for
another independent contract or not.

If liquidated damages are paid

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● only to compensate for injury, loss, or damage suffered by the aggrieved party due to
breach of the contract
● without any agreement to refrain from or tolerate an act,
● these payments do not constitute consideration for a supply and are not taxable.

Examples of non-taxable liquidated damages:

1. Damages resulting from damage to property, negligence, piracy, unauthorized use of trade
name, copyright.
2. Penalty stipulated in a contract for delayed construction of houses. The penalty is imposed
because the builder/developer failed to fulfill their contractual obligations, rather than
providing a new service or supply for which consideration is exchanged. As a result, the
penalty for delayed construction of houses is not considered a taxable event under the GST
framework.) (Whether the amount of penalty by the builder is being paid a. To refrain b. To
tolerate c. to do- NO)
3. Forfeiture of earnest money by a seller in case of breach of an agreement to sell an
immovable property by the buyer, or by the government or local authority in the event of a
successful bidder failing to act after winning a bid for allotment of natural resources. The
forfeiture of earnest money in these cases is not considered a consideration for any supply,
and therefore, it is not subject to GST. This is because the forfeiture is a consequence of the
breach or failure to act, rather than a payment for a specific supply of goods or services.

If the payment represents consideration for another independent contract, it constitutes a 'supply'
and is subject to GST, if the principal supply is taxable.

Examples of taxable liquidated damages:

1. Late fee or penalty for delayed payment. (Late charges are being paid because supplier
agreed to tolerate)
2. Ticket forfeiture for no-show passenger in transport contract.
3. Security deposit forfeiture for canceled package tour.
4. Early termination fee or penalty in lease contracts. (We are tolerating the early termination)

These payments are subject to GST if they are ancillary to the principal supply for which the
contract is signed and are assessed as the principal supply.

However, they will not be taxable if the principal supply is exempt.

Cheque Dishonor Fine/Penalty:

A cheque dishonor fine or penalty is a charge for non-compliance, not a payment for a service, and
therefore, it is not subject to GST.

Penalty Imposed for Violation of Laws:

Penalties imposed for violating laws like traffic violations, pollution norms, or mining regulations
are not considered consideration for any supply and are not taxable.

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Forfeiture of Salary or Payment of Bond Amount:

When an employee leaves their job before the agreed period and loses their salary or has to pay a
bond amount, this is not considered a taxable event, as it's not a payment for allowing or accepting
a specific act or situation.

The said amounts are recovered by the employer not as a consideration for tolerating the act of such
premature quitting of employment but as penalties for dissuading the non-serious employees from
taking up employment and to discourage and deter such a situation.

Late Payment Surcharge or Fee:

Late payment surcharge or fee for services like telecommunication is an ancillary supply naturally
bundled with the principal supply, so it should be assessed at the same rate as the principal
supply. However, it is not the case for cheque dishonor fine or penalty.

Fixed Charges for Power:

Fixed charges for power are charged for the sale of electricity and are not taxable as electricity is
exempt from GST.

Cancellation Charges:
Cancellation charges for services like hotel accommodation, tour and travel, transportation, etc.,
should be assessed as the principal supply. For example, cancellation charges of railway tickets
for a class would attract GST at the same rate as applicable to the class of travel.

Forfeiture of Earnest Money:

Forfeiture of earnest money in cases like breach of an agreement to sell immovable property or
failing to act after winning a bid for allotment of natural resources is not a consideration for any
supply and is not taxable.

Forfeiture of earnest money is stipulated in such cases not as a consideration for tolerating the
breach of contract but as a compensation for the losses suffered and as a penalty for
discouraging the non-serious buyers or bidders. Such payments being merely flow of money are
not a consideration for any supply and are not taxable.

According to the circular, GST applies to liquidated damages, compensation, and penalties
arising from breaches of contract or other provisions of law if the situation falls under which
section of Schedule II to the CGST Act, 2017?
a. Para 5(a)
b. Para 5(e)
c. Para 5(c)
d. Para 5(g)

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Which of the following is NOT a condition for an activity to be considered under Para 5(e) of
Schedule II to the CGST Act, 2017?
a. There must be an expressed or implied agreement or contract
b. Consideration must flow in return for the contract/agreement
c. The activity must be non-taxable under the principal supply

Which of the following examples of liquidated damages is NOT subject to GST?

a. Late fee or penalty for delayed payment
b. Ticket forfeiture for no-show passenger in transport contract
c. Penalty stipulated in a contract for delayed construction of houses
d. Early termination fee or penalty in lease contracts

Answers:
1. b. Para 5(e)
2. c. The activity must be non-taxable under the principal supply
3. c. Penalty stipulated in a contract for delayed construction of houses

Which of the following scenarios will NOT be subject to GST as per the clarification on GST
applicability on liquidated damages, compensation, and penalty arising from breaches of
contract?
a) A penalty imposed for violation of traffic laws
b) A late fee charged for delayed payment of a loan
c) An early termination fee in a lease contract
d) A security deposit forfeiture for a canceled package tour

Under which condition are liquidated damages considered taxable under GST?
a) They are paid only to compensate for injury, loss, or damage suffered due to breach of
contract
b) They represent consideration for another independent contract
c) They are paid as a penalty for delayed construction of houses
d) They result from unauthorized use of trade name or copyright.

In which of these scenarios is GST applicable?

a) A builder refraining from constructing more than a certain number of floors, against a
compensation paid by the neighboring housing project
b) Forfeiture of earnest money due to breach of an agreement to sell immovable property
c) Forfeiture of salary by an employee who leaves employment before the agreed period
d) A penalty imposed for violation of pollution norms

Answers: 1 - a, 2 - b, 3 - a

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CHARGE OF GST
Composition Scheme
Following items are included in the above list
● Fly ash bricks or fly ash aggregate with 90% or more fly ash content; Fly ash blocks
● Bricks of fossil meals or similar siliceous earths
● Building bricks
● Earthen or roofing tiles

Between 01.04.2022 and 18.07.2022, manufacturers of fly ash aggregate were ineligible to opt for
composition scheme under section 10(1) and 10(2) only when the fly ash content of fly ash
aggregate was 90% or more.

Related Amendment in Registration

Enhanced threshold limit of ₹ 40 lakh for registration available to persons exclusively engaged in
making supplies of goods not applicable to suppliers of
● Fly ash bricks or fly ash aggregate with 90% or more fly ash content; Fly ash blocks
● Bricks of fossil meals or similar siliceous earths
● Building bricks
● Earthen or roofing tiles

Questions (ICAI RTP November 2022)

Examine whether the supplier of goods is liable to get registered in the following independent
cases:
1. Rudra Builders of Rohini, Delhi is exclusively engaged in intra-State taxable supply of
building bricks. Its aggregate turnover in the current financial year is ₹23 lakh.
2. Heera of Himachal Pradesh is exclusively engaged in intra-State taxable supply of
footwear. His turnover in the current financial year (FY) from Himachal Pradesh
showroom is ₹32 lakh. He has another showroom in Nagaland with a turnover of ₹ 11
lakh in the current FY.

Answers
1. The enhanced threshold limit for registration of ₹40 lakh is not applicable to Rudra
Brothers, even though they are solely involved in intra-State taxable supply of goods in
Delhi, because their business involves supplying building bricks. As a result, the relevant
threshold limit for registration for Rudra Builders in this situation is ₹20 lakh. Since their
turnover exceeds the threshold limit, they are required to register under GST.
2. Heera might have been eligible for the increased threshold limit of turnover for
registration, i.e., ₹40 lakh, since he is exclusively involved in intra-State supply of goods.
However, because Heera supplies footwear from a Special Category State, Nagaland, the
threshold limit is reduced to ₹10 lakh. Consequently, Heera must register under GST as
his turnover surpasses ₹10 lakh. Moreover, he needs to obtain registration in both
Himachal Pradesh and Nagaland, as he is making taxable supplies from both states.

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Amendments in RCM
RCM in Case of Services By GTA
New Law
- A GTA can opt to pay tax on a forward-charge basis, where the GTA themselves pays tax on
the services supplied by them. The rate of GST applicable is 5% (without input tax credit or
12% (with input tax credit).
- Where a GTA does not opt to pay tax on a forward charge, the liability to pay GST
automatically transfers to the recipient of service. The applicable rate of GST under reverse
charge will be 5%.
- Where a GTA has opted to pay tax on a forward charge basis on the GST portal, then along
with the tax invoice issued to the recipient of supplies, they must also issue a declaration as
per the format in Annexure III.
- For a GTA that operates in multiple states, the GTA is allowed to pay tax on a forward
charge for a certain GSTIN only and pay tax under RCM for others.

MCQ 1: A Goods Transport Agency (GTA) decides to pay tax on a forward-charge basis for the
services it provides. What is the applicable rate of GST if the GTA chooses not to take input tax
credit?

a) 5%
b) 12%
c) 18%
d) 28%

MCQ 2: If a Goods Transport Agency (GTA) opts to pay tax on a forward charge basis for its
services and has multiple GSTINs, can the GTA choose to pay tax under the reverse charge
mechanism for some GSTINs and forward charge for others?

a) Yes
b) No

MCQ 3: What is the applicable rate of GST for a recipient of services when the Goods Transport
Agency (GTA) does not opt to pay tax on a forward charge basis?

a) 5%
b) 12%
c) 18%
d) 28%

MCQ 4: When a Goods Transport Agency (GTA) opts to pay tax on a forward charge basis, in
addition to the tax invoice, what should the GTA issue to the recipient of supplies?

a) A declaration as per the format in Annexure III

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b) A declaration as per the format in Annexure II

c) A declaration as per the format in Annexure I
d) No additional declaration is required

MCQ 5: What is the applicable rate of GST for a Goods Transport Agency (GTA) that opts to pay
tax on a forward charge basis and chooses to take input tax credit?

a) 5%
b) 12%
c) 18%
d) 28%

Answers:
MCQ 1: a) 5%
MCQ 2: a) Yes
MCQ 3: a) 5%
MCQ 4: a) A declaration as per the format in Annexure III
MCQ 5: b) 12%

Service by way of renting of residential dwelling to a registered person

Change in RCM - New Entry Inserted
Category of supply of service Supplier of service Recipient of Service

Service by way of renting of residential Any person Any registered

dwelling to a registered person person

Related Amendment in Exemption

Services by way of renting of residential dwelling for use as residence except where the
residential dwelling is rented to a registered person.

Services supplied by the Central Government, State Government, Union territory or local
authority to a business entity
Change in RCM
Service Services supplied by the Central Government, State Government, Union territory
or local authority to a business entity excluding
1. Renting of immovable property, and
2. Services specified below—
i. Services by the Department of Posts by way of speed post,
express parcel post, life insurance, and agency services provided
to a person other than Central Government, State Government or
Union territory or local authority; (All the services by Department
of Posts will now be under Forward Charge, Earlier few were
exempt)

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ii. services in relation to an aircraft or a vessel, inside or outside the

precincts of a port or an airport;
iii. transport of goods or passengers

Supplier Central Government, State Government, Union territory or local authority.

Recipient Any business entity located in the taxable territory.

Change in Exemption
Services by the Central Government, State Government, Union territory or local authority excluding
the following services
a. services by the Department of Posts -by way of speed post, express parcel post, life
insurance, and agency services provided to a person other than the person Central
Government State Government, Union Territory. (All the services provided by post office
are now taxable.)
b. services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an
airport;
c. transport of goods or passengers;
d. any service, other than services covered under entries (a) to (c) above, provided to business
entities.

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INPUT TAX CREDIT

Introduction of Section 16(2)(aa) and Substitution of Rule 36(4):
● ITC can be availed by a registered person only if:
● The supplier furnished the invoice/debit note details in their GSTR-1 statement and;
● These details have been communicated to the recipient under Section 37.
● Rule 36(4) has been substituted to reflect the amendment, stating that no ITC shall be
availed unless:
● The supplier furnished the invoice/debit note details in their GSTR-1 statement or
using the Invoice Furnishing Facility (IFF); and
● The input tax credit details have been communicated to the recipient in Form
GSTR-2B.

Introduction of Section 16(2)(ba)

● Section 16(2)(ba) is added, stipulating another condition for ITC availment.
● ITC can be availed by a registered person only if the input tax credit details communicated
under Section 38 have not been restricted.

Communication of details of inward supplies and input tax credit - Section 38

1. Section 38 deals with the communication of details of inward supplies and input tax credit
(ITC) to recipients of such supplies.
2. The new amendment adds an auto-generated statement containing details of ITC, which
will be made available electronically to the recipients of supplies in the prescribed form,
manner, time, and subject to conditions and restrictions.
3. The auto-generated statement under sub-section (1) will consist of:
a. Details of inward supplies where the credit of input tax may be available to the
recipient.
b. Details of supplies where the credit cannot be availed by the recipient, wholly or
partly, on account of the following reasons:
i. Registered person furnishing details under section 37(1) within the prescribed
registration period.
ii. Registered person defaulting in payment of tax, with the default continuing for
the prescribed period.
iii. Registered person's output tax payable exceeding the output tax paid during
the prescribed period by the prescribed limit.
iv. Registered person availing input tax credit that exceeds the allowed credit
during the prescribed period by the prescribed limit.
v. Registered person defaulting in discharging tax liability as per section 49(12),
subject to prescribed conditions and restrictions.
vi. Other prescribed classes of persons.

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Section 38 in a nutshell
Section 38 of the GST Act deals with the communication of details of inward supplies and input
tax credit (ITC) to the recipients of such supplies. It ensures that recipients receive an
electronically generated statement containing the details of ITC. This statement comprises:
1. Details of inward supplies where the credit of input tax may be available to the recipient.
2. Details of supplies where the credit cannot be availed by the recipient, either wholly or
partly, due to various reasons such as default in payment of tax, discrepancies in output tax
payable and paid, excess input tax credit claimed, and other prescribed classes of persons.

Time limit for availment of ITC by a registered person in respect of any

invoice/debit note pertaining to a FY extended upto 30 th November of the
following FY [Section 16(4) amended]

Previously, Section 16(4) stated that a registered person would not be entitled to take ITC in
respect of any invoice or debit note for the supply of goods or services after the due date of
furnishing the return under Section 39 for the month of September following the end of the
financial year to which the invoice or debit note pertained, or furnishing the relevant annual return,
whichever came earlier.

With effect from October 1, 2022, the amended Section 16(4) simplifies the deadline for ITC
availment by setting a fixed date of November 30th following the end of the financial year to
which the invoice or debit note pertains, or the furnishing of the relevant annual return,
whichever is earlier.

Example 1: Under the old provision

Assume a registered person has an invoice dated 15th January 2021, for which they want to
claim input tax credit. The financial year for this invoice is 2020-21.

As per the old provision, the due date for claiming ITC is the due date of furnishing the return
under Section 39 for the month of September following the end of the financial year. In this case,
the due date would be the due date for filing the GSTR-3B return for September 2021 (generally,
20th October 2021) or the date of filing the relevant annual return for the financial year 2020-21,
whichever is earlier.

Example 2: Under the new provision

Now, let's consider the same scenario but with the new provision in place, effective from October
1, 2022. Assume a registered person has an invoice dated 15th January 2023, for which they
want to claim input tax credit. The financial year for this invoice is 2022-23.

As per the new provision, the deadline for claiming ITC is the 30th day of November following the
end of the financial year to which the invoice pertains or the date of filing the relevant annual
return, whichever is earlier. In this case, the deadline would be 30th November 2023 or the date of
filing the relevant annual return for the financial year 2022-23, whichever is earlier.

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Comparison:
The old provision relied on the due date of furnishing the return under Section 39 for September
following the end of the financial year, which could vary depending on changes in the GSTR-3B due
dates. The new provision simplifies the deadline by explicitly setting it at the 30th day of
November following the end of the financial year, providing greater clarity and consistency in the
deadline for claiming input tax credit on invoices and debit notes.

Date of issuance of debit note to determine the relevant financial year for the
purpose of section 16(4)

Section 16(4) Amendment: Date of Issuance of Debit Note

1. Background:
● Section 16(4) was amended through the Finance Act, 2020, effective from
01.01.2021.
● The amendment delinked the date of issuance of the debit note from the underlying
invoice date for availing ITC.
● Doubt arose regarding the relevant date for determining the financial year for section
16(4).
2. Relevant Dates for Financial Year Determination:
● Date of issuance of debit note (a)
● Date of issuance of underlying invoice (b)
3. Clarification by Circular No. 160/16/2021 GST:
● Effective from 01.01.2021, the date of issuance of the debit note determines the
relevant financial year for section 16(4).
● The date of the underlying invoice is not considered.
4. Example:
● Original invoice date: 16.03.2021 (FY 2020-21)
● Debit note date: 07.07.2021 (FY 2021-22)
● For the original invoice, the relevant financial year for availing ITC under section 16(4)
is FY 2020-21.
● For the debit note, the relevant financial year for availing ITC under section 16(4) is
FY 2021-22, as per the amended provision.
This amendment ensures that the date of issuance of the debit note determines the relevant
financial year for availing ITC under section 16(4), rather than the date of the underlying invoice.

Example: Titan Machines supplied an industrial mixer to GHI Ltd in the month of February under
the cover of an invoice dated 15th February 2022 for Rs 8,00,000 plus GST and performed
additional customization of the mixer as per GHI Ltd's requirements.

The amount chargeable for the customization services was covered in a debit note raised in the
month of May 2022 for Rs 1,20,000 plus GST. GHI Ltd files its annual return for each financial

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year in the month of December. The time-limit to avail ITC on Rs 8,00,000 in respect of tax paid
on the invoice dated 15th February 2022 would be 30th November 2022 (30th day of November
following the end of the financial year).

Since the debit note is received in FY 2022-23, the time limit for taking ITC available on Rs
1,20,000 is 30th November 2023 (30th day of November following the end of the financial year
to which the debit note pertains).

In this example, the time limits for availing ITC on the original invoice and the debit note issued
in the following financial year are different, with the debit note having an extended time limit for
ITC availment.

Proviso after section 17(5)(b)(iii) applies to entire section 17(5)(b)

17(5)(b)
the following supply of goods or services or both—
i. food and beverages, outdoor catering, beauty treatment, health services,
cosmetic and plastic surgery, leasing, renting or hiring of motor vehicles,
vessels or aircraft referred to in clause (a) or clause (aa) except when used for
the purposes specified therein, life insurance and health insurance:
1. Provided that the input tax credit in respect of such goods or services
or both shall be available where an inward supply of such goods or
services or both is used by a registered person for making an outward
taxable supply of
a. the same category of goods or services or both or
b. as an element of a taxable composite or mixed supply;
ii. membership of a club, health and fitness centre; and
iii. travel benefits extended to employees on vacation such as leave or home
travel concession:

Provided that the input tax credit in respect of such goods or services or both shall be available,
where it is obligatory for an employer to provide the same to its employees under any law for the
time being in force.

The proviso after section 17(5)(b)(iii) is applicable to the entire section 17(5)(b)

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Registration
Registration liable to be cancelled
Registration liable to be cancelled, where -
● a composition tax payer fails to furnish return for a FY beyond 3 months from due date and
● a person, other than composition tax payer, fails to furnish returns for such continuous tax
period as may be prescribed

29(2)
The proper officer may cancel the registration of a person from such date, including any
retrospective date, as he may deem fit, where,

a. a registered person has contravened such provisions of the Act or the rules made

b. ⚡
thereunder as may be prescribed
a person paying tax under section 10 has not furnished the return for a financial year

c. ⚡
beyond 3 months from the due date of furnishing the said return; or
any registered person, other than a person specified in clause (b), has not furnished
returns for such continuous tax period as may be prescribed;
d. any person who has taken voluntary registration under sub-section (3) of section 25 has not
commenced business within six months from the date of registration
e. registration has been obtained by means of fraud, wilful misstatement or suppression of
facts

Returns for Person Paying Tax u/s 10 and cancellation due to non-filling
- GSTR-4 is a return that must be filed by the taxpayers opting for Composition Scheme on an
annual basis.
- The due date for filing GSTR 4 is 30th of April following the relevant financial year. For
example, the GSTR-4 for FY 2021-22 is due by 30th April 2022. Until the FY 2018-19, the due
date was 18th of the month after the end of the quarter.
- If a composition taxable person fails to file an annual return for three months beyond the
due date of 30th April of the following year, his registration can get cancelled.

Registration liable to be cancelled if monthly return filer fails to file return

continuously for 6 months or a person opting for QRMP fails to file return for 2 tax
periods - Rule 21 Amended

Rule 21 contains prescribed contraventions which make a registered person liable to cancellation
of registration.

⚡ 2 more contraventions added in Rule 21

Registration granted to a person is liable to be cancelled, if the said person -

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● being a registered person required to file return under section 39(1) for each month or part
thereof (i.e. monthly return filer), has not furnished returns for a continuous period of 6
months.
● being a registered person required to file return under proviso to section 39(1) for each
quarter or part thereof (i.e. quarterly return filer), has not furnished returns for a continuous
period of 2 tax periods.

⚡
Rule 21A
The rule has been amended to provide that there will be deemed revocation of suspended GST
registration upon furnishing of pending GST returns, where GST registration was suspended due to
non-filing of GST return for a financial year beyond 3 months from the due date of furnishing the
said return by a composition taxpayer or returns for such continuous tax period as may be
prescribed by registered persons.

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Tax Invoice, Credit And Debit Notes E-Way Bill

Class of persons notified to mandatorily issue e-invoice
A registered person ,
- whose aggregate turnover in any preceding financial year from 2017-18 onwards
- exceeds ₹ 10 crores,
- shall prepare e-invoice
- in respect of B2B supplies (supply of goods or services or both to a registered
person) or
- for exports.

Exemption from e-invoicing

Following entities are exempt from the mandatory requirement of e-invoicing:
- Special Economic Zone units
- Insurer or banking company or financial institution including NBFC
- GTA supplying services in relation to transportation of goods by road in a goods carriage
- Supplier of passenger transportation service
- Person supplying services by way of admission to exhibition of cinematograph films in

- ⚡
multiplex screens
A Government Department and a local authority are also exempt from the mandatory
requirement of e-invoicing even if their aggregate turnover in any previous financial year
from 2017-18 onwards exceeds ₹ 10 crore.

⚡ Further, such taxpayers are now required to provide a declaration on the tax invoice stating
that though their aggregate turnover exceeds the notified aggregate turnover for e-invoicing, they
are not required to prepare an einvoice

"I/We hereby declare that though our aggregate turnover in any preceding financial year from
2017-18 onwards is more than the aggregate turnover notified under sub-rule (4) of rule 48, we are
not required to prepare an invoice in terms of the provisions of the said subrule."

Thus, above mentioned entities are not required to issue e-invoices even if their turnover exceeds ₹
10 crore in the preceding financial year from 2017-18 onwards.

Only SEZ units and not SEZ developers are exempt from issuing e-invoices. Thus, SEZ developers
whose turnover exceeds ₹ 10 crores in any preceding financial year from 2017-18 onwards are
mandatorily required to issue e-invoices.

Further, in case of supplies made by notified persons to SEZ units, e-invoices need to be issued.

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Time limit for issuance of credit notes in respect of any supply made in a FY
extended upto 30th November of the following FY.

● Debit Note - Liability of Supplier will increase.

● Credit Note - Liability of supplier will go down.

Section 34(2)
Any registered person who issues a credit note in relation to a supply of goods or services or both
shall
● declare the details of such credit note in the return for the month during which such credit

○ ⚡
note has been issued but not later than the
30thday of November following the end of the financial year in which such supply
was made, or
○ the date of furnishing of the relevant annual return, whichever is earlier,
● and the tax liability shall be adjusted in such manner as may be prescribed.

Provided that no reduction in output tax liability of the supplier shall be permitted, if the incidence
of tax and interest on such supply has been passed on to any other person.

Suppose ABC Ltd. supplied electronic goods worth INR 1,50,000 plus GST to XYZ Ltd. in October 2022
(FY 2022-23). After the goods were delivered, XYZ Ltd. found that some of the goods were damaged
during transit. As a result, ABC Ltd. agreed to reduce the invoice value and issue a credit note for the
damaged goods.

In February 2023, ABC Ltd. issued a credit note worth INR 30,000 plus GST for the damaged goods. To
comply with Section 34(2) of the GST Act, ABC Ltd. should declare the details of the credit note in the
GST return for February 2023.

According to the amended Section 34(2), the time limit for declaring the credit note in the GST return is
the 30th day of November following the end of the financial year (FY) in which the supply was made or
the date of furnishing the relevant annual return, whichever is earlier. In this case, the time limit for
declaring the credit note is 30th November 2023 (since the supply was made in FY 2022-23) or the date
of furnishing the relevant annual return, whichever is earlier.

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Payment of GST
Deposit in Electronic Cash Ledger can be made through UPI and IMPS as well.
Rule 87(3) lists the modes of making deposit of amount towards tax, interest, penalty, fee or any
other amount, in Electronic Cash Ledger. Said rule has been amended to include two additional
modes of making the deposits. Now the amount may also be deposited through Unified payment
interface (UPI) or Immediate Payment Services (IMPS) from any bank, on the GST portal

Levy of interest provided on IT wrongly availed and utilised [Section 50(3)

substituted]

Existing provisions - Section 50(3)

A taxable person who makes an undue or excess claim of input tax credit under sub-section (10)
of section 42 or undue or excess reduction in output tax liability under sub-section (10) of section
43, shall pay interest on such undue or excess claim or on such undue or excess reduction, as the
case may be, at such rate not exceeding 24%, as may be notified by the Government on the
recommendations of the Council.

Provisions as amended by the Finance Act, 2022- Section 50(3)

Where the input tax credit has been wrongly availed and utilised, the registered person shall pay
interest on such input tax credit wrongly availed and utilised, at such rate not exceeding 24% as
may be notified by the Government, on the recommendations of the Council, and the interest shall
be calculated, in such manner as may be prescribed.

Notification No. 13/2017 CT dated 28.06.2017 has been amended by the Finance Act, 2022
retrospectively with effect from 01.07.2017, to reduce the rate of interest under section 50(3) from
24% to 18% per annum.

Transfer of amount available in electronic cash ledger under the CGST Act of a
registered person to the electronic cash ledger under the CGST Act/IGST Act of a
distinct person allowed [Section 49 amended]

A registered person may, on the common portal, transfer any amount of tax, interest, penalty, fee
or any other amount available in the electronic cash ledger under this Act, to the electronic cash
ledger for, --
a. integrated tax, central tax, State tax, Union territory tax or cess; or
b. integrated tax or central tax of a distinct person as specified in sub-section (4) or, as the
case may be, subsection (5) of section 25, in such form and manner and subject to such
conditions and and restrictions as may be prescribed and such transfer shall be deemed to
be a refund from the electronic cash ledger under this Act:
Provided that no such transfer under clause (b) shall be allowed if the said registered person has
any unpaid liability in his electronic liability register.

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Under GST, distinct persons refer to persons of the same entity (under the same PAN) with
different GSTINs situated within the same state or in two different states.

ABC Ltd. is a company registered under GST and has its head office in New Delhi (registered under CGST
Act) and a branch in Mumbai (registered as a distinct person under the Maharashtra State GST Act). Both
the head office and branch have separate GST registrations.

At the end of a particular month, ABC Ltd.'s head office has an excess balance of INR 10,000 in its
electronic cash ledger under the CGST Act. The Mumbai branch, on the other hand, has a liability of INR
7,000 under the CGST Act and INR 5,000 under the IGST Act.

According to the amended Section 49, ABC Ltd.'s head office can transfer the amount available in its
electronic cash ledger under the CGST Act to the electronic cash ledger of the Mumbai branch, to be
used for payment of CGST or IGST liabilities.

Following the provisions, ABC Ltd.'s head office transfers INR 7,000 from its CGST electronic cash ledger
to the Mumbai branch's CGST electronic cash ledger. This transfer of INR 7,000 is deemed to be a refund
from the electronic cash ledger under the CGST Act.

It is important to note that the transfer of the amount is subject to prescribed conditions and restrictions,
and no such transfer is allowed if the transferring registered person (in this case, the head office) has any
unpaid liability in their electronic liability register.

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RETURNS
Section 37
Rectification of Errors or Omissions in GSTR-1
1. Introduction
● Registered person furnishes details in GSTR-1 for a tax period
● Errors or omissions might be discovered later
2. Rectification Process
● Rectify the error or omission as prescribed
● Pay the tax and interest, if any, due to short payment
3. When to Rectify
● In the return to be furnished for the same tax period
4. Time Limit for Rectification
● No rectification allowed after:
i. 30th November following the end of the financial year to which the details
pertain
ii. Furnishing of the relevant annual return, whichever is earlier
Summary
If a registered person discovers any error or omission in their GSTR-1, they must rectify it as
prescribed and pay any tax and interest arising due to short payment. This rectification should be
made in the return for the same tax period. However, no rectification is allowed after 30th
November following the end of the financial year to which the details pertain, or furnishing of the
relevant annual return, whichever is earlier.

Furnishing Details of Outward Supplies - Preconditions and Exceptions

1. Introduction
● Registered person required to furnish details of outward supplies for a tax period
2. Preconditions
● Must have furnished details of outward supplies for all previous tax periods
3. Exceptions
● Government may allow furnishing details under sub-section (1) without fulfilling
preconditions
➢ Based on recommendations of the Council
➢ By notification
➢ Subject to specified conditions and restrictions
➢ Applicable to a registered person or a class of registered persons
➢ Even if details for one or more previous tax periods are not furnished
Summary:
A registered person must furnish the details of outward supplies for all previous tax periods before
being allowed to furnish details for a current tax period. However, the government may allow
exceptions, based on the Council's recommendations, by notification, and subject to specified
conditions and restrictions. This exception may apply to a registered person or a class of
registered persons, even if they have not furnished the details of outward supplies for one or more
previous tax periods.

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Filing of Returns by Non-Resident Taxable Person - Section 39(5)

1. Applicability
● Registered non-resident taxable person
2. Return filing frequency
● For every calendar month or part thereof
3. Due date for filing return
● Within 13 days after the end of a calendar month
● Within 7 days after the last day of the period of registration specified under Section
27(1), whichever is earlier
4. Mode of filing return
● Electronically
● In prescribed form and manner
Summary:
Registered non-resident taxable persons must file returns for every calendar month or part thereof.
Returns must be filed electronically, in the prescribed form and manner, within 13 days after the
end of a calendar month or within 7 days after the last day of the period of registration specified
under Section 27(1), whichever is earlier.

A non-resident taxable person named John, who runs a software development company in the
United States. John's company provides services to clients in India, and thus, he is required to
register under GST in India as a non-resident taxable person.
Let's assume that John's registration period is from January 1st to March 31st. Based on
Section 39(5), he needs to file GST returns for each calendar month or part thereof during this
period.
Here is the timeline for filing returns:
1. For January:
● Return filing period: January 1st to January 31st
● Due date: 13 days after the end of January (February 13th)
2. For February:
● Return filing period: February 1st to February 28th
● Due date: 13 days after the end of February (March 13th)
3. For March:
● Return filing period: March 1st to March 31st
● Due date: 7 days after the last day of the period of registration (April 7th), as it is
earlier than the 13 days after the end of March
John needs to file his GST returns electronically, in the prescribed form and manner, for each of
these months by their respective due dates.

Section 39(9) - Time Limit for Rectification of Return

1. Purpose: This section allows a registered person to rectify any omission or incorrect
particulars in their GST return, other than those discovered as a result of scrutiny, audit,
inspection, or enforcement activity by tax authorities.
2. Rectification Process: The rectification should be done in the prescribed form and manner,
and is subject to the payment of interest under the GST Act.

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3. Time Limit: The rectification of any omission or incorrect particulars is not allowed after the
following deadlines:
a. The 30th day of November following the end of the financial year to which the details
pertain.
b. The actual date of furnishing the relevant annual return, whichever is earlier.

Example:
Suppose a registered person files their GST return for the financial year 2022-23 and discovers an
omission or incorrect particulars in the return. They can rectify the error in the prescribed form and
manner, along with the payment of interest under the GST Act. However, this rectification must be
done before November 30, 2023, or the actual date of furnishing the annual return for the financial
year 2022-23, whichever comes earlier.

Section 39(10) - Restriction on Filing Returns

1. Restriction: A registered person is not allowed to furnish a return for a tax period if
○ they have not furnished the return for any of the previous tax periods or
○ the details of outward supplies under Section 37(1) for the said tax period.
2. Exception: The Government may, on the recommendations of the GST Council, allow a
registered person or a class of registered persons to furnish the return, even if they have not
furnished the returns for one or more previous tax periods or have not furnished the details
of outward supplies under Section 37(1) for the said tax period. This allowance is subject to
conditions and restrictions specified in a notification.

Availment of Input Tax Credit (Section 41)

1. Entitlement to Input Tax Credit:
● Every registered person is entitled to avail the credit of eligible input tax, subject to
conditions and restrictions as prescribed.
● This credit, as self-assessed, is claimed in the return filed by the registered person.
● The availed amount is credited to the person's electronic credit ledger.
2. Reversal of Input Tax Credit:
● If the supplier has not paid the tax payable on supplies of goods or services, the
registered person must reverse the input tax credit availed, along with applicable
interest, in the prescribed manner.
● However, if the supplier later pays the tax payable on such supplies, the registered
person can re-avail the amount of reversed credit in the prescribed manner.

Example:
Suppose there are three businesses - A, B, and C. Business A is a supplier, B is a registered
person (a trader), and C is the end customer.
1. Business A supplies goods worth INR 10,000 to Business B, with a GST of 18% (INR
1,800). Business B then sells these goods to Business C for INR 15,000 with a GST of 18%
(INR 2,700).

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2. Business B files its GST return, claiming an input tax credit (ITC) of INR 1,800 (the GST
paid to Business A) against its GST liability of INR 2,700. The net GST payable by
Business B is INR 900 (INR 2,700 - INR 1,800).
3. However, suppose Business A fails to pay the GST of INR 1,800 to the government. In this
case, as per Section 41(2), Business B must reverse the input tax credit of INR 1,800 that
it availed, along with applicable interest.
4. Now, if Business A later pays the GST of INR 1,800 to the government, Business B can
re-avail the reversed input tax credit of INR 1,800, as per the prescribed manner.
This example illustrates how input tax credit is availed, reversed, and re-availed under Section
41, based on the tax payment status of the supplier (Business A).

GST practitioner permitted only to furnish the details of outward supplies on behalf
of a registered person

Rule 83(8)(a) has been amended. Now, a GST practitioner is only allowed to furnish the details of
only outward supplies and not inward supplies on behalf of a registered person if so authorised by
him.

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Exemptions
Exemptions Rationalised or Amended

👑
Services by the Central Government, State Government, Union territory or local
authority
Services by the Central Government, State Government, Union territory or local authority excluding
the following services
a. services by the Department of Posts -by way of speed post, express parcel post, life
insurance, and agency services provided to a person other than the person Central
Government State Government, Union Territory. (All the services provided by post office
are now taxable except specifically exempted)
b. services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an
airport;
c. transport of goods or passengers;
d. any service, other than services covered under entries (a) to (c) above, provided to business
entities.

Department of Posts 📬 - Entry 24C

Services by the Department of Posts by way of post card, inland letter, book post and ordinary post
(envelopes weighing less than 10 grams).

Health Care Services 🧑‍⚕️

Services by way of
a. health care services by a clinical establishment, an authorised medical practitioner or
para-medics,
➢ However, nothing in this entry shall apply to the services provided by a clinical
establishment by way of providing room [other than Intensive Care Unit (ICU)/Critical
Care Unit (CCU)/Intensive Cardiac Care Unit (ICCU)/Neo natal Intensive Care Unit
(NICU)] having room charges exceeding ₹ 5000 per day to a person receiving health
care services.
b. services provided by way of transportation of a patient in an ambulance, other than those
specified in (a) above.

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Transportation of Passengers ✈️ 🚌
Transport of passengers, with or without accompanied belongings, by
a. air in economy class, embarking from or terminating in an airport located in the state of
Arunachal Pradesh, Assam,Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, or Tripura or at
Bagdogra located in West Bengal;
b. non-air conditioned contract carriage other than radio taxi, for transportation of passengers,
excluding tourism, conducted tour, charter or hire; or
c. stage carriage other than airconditioned stage carriage.

However, nothing contained in items (b) and (c) above shall apply to services supplied through an
electronic commerce operator (ECO), and notified under section 9(5)

Services notified under section 9(5) are the services by way of transportation of passengers by a
radio-taxi, motorcab, maxicab, motor cycle, omnibus or any other motor vehicle, supplied through
ECO. In such a case, the tax on supplies of such services shall be paid by the ECO.

In other words, in case where services of transport of passengers, by non-air conditioned contract
carriage other than radio taxi excluding tourism, conducted tour, charter or hire or by non-air
conditioned stage carriage, are supplied through ECO, such services are not exempt from GST.
Further, tax on such services shall be paid by ECO.

Transportation of Goods.
GTA 🚛
Services provided by a goods transport agency, by way of transport in a goods carriage of –
a. agricultural produce;
b. goods, where consideration charged for the transportation of goods on a consignment
transported in a single carriage does not exceed ₹1,500;
c. goods, where consideration charged for transportation of all such goods for a single
consignee does not exceed ₹ 750;
d. milk, salt and food grain including flour, pulses and rice;
e. organic manure;

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f. newspaper or magazines registered with the Registrar of Newspapers;

g. relief materials meant for victims of natural or man-made disasters, calamities, accidents
or mishap; or
h. defence or military equipments.

Rail or Vessel 🚂/ 🚢
Services by way of transportation by rail or a vessel from one place in India to another of the
following goods-
a. relief materials meant for victims of natural Or man-made disasters, calamities, accidents
or mishap;
b. defence or military equipments;
c. newspaper or magazines registered with the Registrar of Newspapers;
d. railway equipments or materials;
e. agricultural produce;
f. milk, salt and food grain including flours, pulses and rice; and
g. organic manure

Storage and Warehousing 🏬

Services by way of storage/ warehousing of cereals, pulses, fruits, nuts -and vegetables, spices,
copra, sugarcane, jaggery, raw vegetable fibres such as cotton, flax, jute indigo, unmanufactured
tobacco, betel Leaves, tendu leaves, coffee and tea.

Services by way of way of storage/ warehousing of cereals, pulses, fruits and vegetables is
exempt.

RECREATION TRAINING OR COACHING

Old Entry - Now deleted
Services by way of training or coaching in recreational activities relating to -
● Arts or culture, or
● Sports by charitable entities registered under Section 12AA of the Income- tax Act.
Are exempt.

New Entry
Services by way of training or coaching in
a. recreational activities relating to arts or culture, by an individual, or
b. sports by charitable entities registered under section 12AA or 12AB of the Income-tax Act.

Renting of residential dwelling

Services by way of renting of residential dwelling for use as residence except where the residential
dwelling is rented to a registered person. (Renting of residential dwelling for residence purpose to
registered person is taxable.)

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New Exemption Introduced

Department of Posts - Entry 24C
Services by the Department of Posts by way of post card, inland letter, book post and ordinary post
(envelopes weighing less than 10 grams).

Granting National Permit

Services by way of granting National Permit to a goods carriage to operate through-out India/
contiguous States

Tour operator service

Tour operator service, which is performed partly in India and partly outside India, supplied by a tour
operator to a foreign tourist, to the extent of the value of the tour operator service which is
performed outside India.

However, value of the tour operator service performed outside India shall be
● such proportion of the total consideration charged for the entire tour which is equal to the
proportion which the number of days for which the tour is performed outside India has to
the total number of days comprising the tour, or (Value of tour outside India on the basis of
number of days outside India) Total consideration charged x Number of Days outside India
/ Total number of da
● 50% of the total consideration charged for the entire tour, whichever is less.

Further, in making the above calculations,

● any duration of time equal to or exceeding 12 hours shall be considered as one full day (2
Days, 13 Hours = 3 Days) and

😁
● any duration of time less than 12 hours shall be taken as half a day. (2 Days and 4 Hours =
2.5 Day )

Explanation. - "Foreign Tourist" means a person not normally resident in India, who enters India for
a stay of not more than 6 months for legitimate non-immigrant purposes.

Illustrations: A tour operator provides a tour operator service to a foreign tourist as follows:-
a. 3 days in India, 2 days in Nepal; Consideration charged for the entire tour: ₹ 1,00,000/-
Exemption: ₹ 40,000/- (= ₹1,00,000/- x 2/5) or, ₹ 50,000/- (= 50% of ₹ 1,00,000/-)
whichever is less, i.e., ₹ 40,000/-(i.e., Taxable value: ₹ 60,000/-);
b. 2 days in India, 3 nights in Nepal; Consideration charged for the entire tour: ₹ 1,00, 000/-
Exemption: ₹ 60,000 (=₹ 1,00,000/- x 3/5) or, ₹ 50,000/- (= 50% of ₹ 1,00,000/-) whichever
is less, i.e., ₹ 50,000/-(i.e., Taxable value: ₹ 50,000/-);
c. 2.5 days in India, 3 days in Nepal; Consideration charged for the entire tour: ₹ 1,00,000/-
Exemption: ₹ 54,545 (=₹ 1,00,000/- x3/5.5) or, ₹ 50,000/- (= 50% of ₹ 1,00,000/-)
whichever is less, i.e., ₹ 50,000/-(i.e., Taxable value: ₹ 50,000/-).

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Exemptions withdrawn
1. Services by a hotel, inn, guest house, club of campsite, camosite by whatever name called
for by called, residential or lodging purposes, having value of supply of a unit of
accommodation below or equal to ₹ 1,000 per day or equivalent. (No change in rental by
religious trust)
2. Services by the Reserve Bank of India.
3. Services provided by the IRDA to insurers under IRDAl Act, 1999.
4. Services provided the SEBI Securities and Exchange Board of India) set up under the SEBI
Act, 1992 by way of protecting the interests of investors in securities and to promote the
development of, and to regulate, the securities market.
5. Services provided by the GSTN (Goods and Services Tax Network) to the Central
Government or State Governments or Union territories for implementation of Goods and
Services Tax.
6. Services by way of licensing, registration and analysis or testing of food samples supplied
by the Food Safety and Standards Authority of India (FSSAI) to Food Business Operators.
7. Services of leasing of assets (rolling stock assets including wagons, coaches, locos) by the
Indian Railways Finance Corporation to Indian Railways.
8. Services by way of slaughtering of animals.
9. Services by way of fumigation in a warehouse of agricultural produce.
10. Services provided by the cord blood banks by way of preservation of stem cells or any other
service in relation to such preservation.
11. Services provided by operators of the common bio-medical waste treatment facility to a
clinical establishment by way of treatment or disposal of bio-medical waste or the
processes incidental thereto.

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