The Commissioner, on the recommendations of the Council, hereby extends the time limit for furnishing the return in FORM GSTR-3B electronically, through the common portal, by the registered persons, as specified under-
1. Monthly Returns (December 2024):
2. Quarterly Returns (October to December 2024):
Region |
States/UTs |
Extended Due Date |
Region 1
|
Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Daman & Diu, Dadra & Nagar Haveli, Puducherry, Andaman & Nicobar Islands, Lakshadweep |
22nd January 2025 |
Region 2 |
Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu & Kashmir, Ladakh, Chandigarh, Delhi |
26th January 2025 |
1. Mandatory Reporting of HSN Codes:
Phase 2: Effective from 01st Nov 2022
Phase 3: Effective from January 2025 (New Changes)
Taxpayers with AATO > ₹5 Cr:
Taxpayers with AATO ≤ ₹5 Cr:
Table-12 Validation for Supply Values:
Additional Enhancements in Table-12 of GSTR-1/1A:
Phase 4:
Vouchers have been a focal point of discussion in the trade and industry, raising critical questions about their GST implications. Common concerns include whether transactions in vouchers qualify as a supply of goods or services, the GST applicability on voucher trading by distributors, and the taxation of unredeemed vouchers (breakage). Diverging views among field formations have led to ambiguity and litigation, necessitating a detailed clarification from the Board under Section 168(1) of the CGST Act, 2017.
Key Issues and Clarifications
1. Are Transactions in Vouchers a Supply of Goods or Services?
Under the CGST Act, vouchers are defined as instruments creating an obligation to accept them as consideration for goods or services. They may also qualify as pre-paid instruments regulated by the RBI. Based on legal provisions:
However, the underlying supply of goods or services redeemed through vouchers remains taxable.
2. GST Treatment for Voucher Distribution Models
a. Principal-to-Principal (P2P) Model:
Distributors purchase vouchers from issuers at a discount and sell them, earning a trading margin. Since transactions in vouchers do not qualify as goods or services, trading them is not taxable under GST.
b. Commission-Based Model:
Here, distributors act as agents, earning commissions for marketing and distributing vouchers. GST is applicable on the commission earned as it constitutes a supply of services.
3. GST on Additional Services
Services like advertising, co-branding, marketing, and customer support provided by distributors or other service providers to voucher issuers are taxable under GST. The applicable rate depends on the nature of the services rendered.
Conclusion
The clarifications provided aim to resolve ambiguities and ensure uniformity in GST implementation. While vouchers as instruments are not directly taxable, the supply of goods/services they represent, and additional services rendered in connection with their distribution, attract GST.
For businesses dealing with vouchers, understanding these nuances is essential to ensure compliance and avoid litigation. Stay informed to leverage these clarifications effectively.
The Goods and Services Tax (GST) framework in India has introduced specific provisions for determining the place of supply for online services, especially for services provided to unregistered recipients. This blog post aims to clarify the compliance requirements for suppliers of online services, ensuring accuracy in recording the place of supply on invoices.
Background
References from field formations indicate instances of non-compliance in recording the correct place of supply by suppliers of online services. Misinterpretation of Section 12(2)(b) of the Integrated Goods and Services Tax Act, 2017 (IGST Act), along with Rule 46 of the Central Goods and Services Tax Rules, 2017 (CGST Rules), has led to discrepancies.
Instead of declaring the recipient's state as the place of supply as mandated, some suppliers incorrectly declare their own location. This practice results in revenue being allocated to the wrong state, warranting clarification to standardize the implementation of these provisions.
Key Legislative Provisions
Clarifications Issued
Key Takeaways
This clarification underscores the importance of understanding and adhering to GST regulations, fostering consistency across the implementation of the law.
For further guidance, suppliers are advised to consult relevant GST experts
Introduction
The Central Board of Indirect Taxes and Customs (CBIC) has issued a
clarification regarding the availability of Input Tax Credit (ITC) under clause
(b) of sub-section (2) of section 16 of the Central Goods and Services Tax Act,
2017 (CGST Act). This clarification specifically addresses situations where
goods are delivered by a supplier at their place of business under an Ex-Works
(EXW) contract. The matter has been a point of concern, particularly in the
automobile sector.
Background
In the automobile sector, the relationship between Original Equipment
Manufacturers (OEMs) and dealers is commonly governed by EXW contracts. Under
these contracts:
The dealers typically account for the goods and avail ITC based on invoices raised when the goods are handed over to the transporter at the factory gate. However, some field formations have challenged this practice, contending that ITC can only be availed once the goods physically reach the dealer’s business premises. Show cause notices have been issued, leading to confusion among dealers.
Legal Framework
Clause (b) of sub-section (2) of section 16 of the CGST Act states that a registered
person can claim ITC only if they have “received” the goods or services. The
explanation to this clause further clarifies that the receipt of goods includes
scenarios where:
Key Clarifications
Conditions for Availing ITC
Conclusion
This clarification brings much-needed uniformity and clarity to the
interpretation of ITC eligibility under EXW contracts. Dealers in the
automobile sector and other industries can now proceed with confidence,
provided they adhere to the specified conditions. This move is expected to
streamline operations and reduce unnecessary litigation.
For more updates and detailed insights into GST compliance, stay tuned to our blog.
In the realm of GST compliance, questions often arise concerning the input tax credit (ITC) obligations of electronic commerce operators (ECOs), particularly for services covered under Section 9(5) of the Central Goods and Services Tax Act, 2017 (CGST Act). To provide clarity, the Central Board of Indirect Taxes and Customs (CBIC) has issued updated guidelines, referencing Circular No. 167/23/2021 – GST dated 17.12.2021.
Understanding the Context
ECOs, under Section 9(5) of the CGST Act, are obligated to pay tax as if they
are the suppliers of certain notified services (e.g., restaurant services). A
common query has been whether ECOs must proportionately reverse ITC on inputs
and input services used for such supplies.
Key Clarifications Provided
This clarification ensures uniformity in implementation and simplifies compliance for ECOs. By delineating the use of ITC and specifying payment methods for Section 9(5) liabilities, it provides a structured approach to managing tax obligations while safeguarding the ITC on other services.
ECOs are encouraged to review the circular in detail and ensure adherence to these guidelines for seamless compliance and efficient ITC utilization.
The 55th GST Council meeting, chaired by Union Finance Minister Smt. Nirmala Sitharaman, was held in Jaisalmer, Rajasthan, with participation from state and UT Finance Ministers, Chief Ministers, and senior officials. The Council discussed significant changes to GST tax rates, trade facilitation measures, and compliance streamlining. Below are the key recommendations and decisions:
I. Changes in GST Rates
Goods
Services
Other Clarifications on Goods and Services
II. Measures for Trade Facilitation
III. Streamlining Compliance in GST
Conclusion
The 55th GST Council meeting introduced impactful changes, emphasizing trade facilitation, clarity in tax provisions, and streamlined compliance. The revised rates and exemptions aim to reduce ambiguities and enhance GST implementation efficiency, supporting businesses and taxpayers alike. Stakeholders are encouraged to stay updated and align with the new regulations for a seamless transition.
In light of Notification No. 12/2024 - Central Tax dated 10th July 2024, read with Notification No. 20/2024 - Central Tax dated 8th October 2024, changes in reporting for Form GSTR-9 have been introduced for FY 2023-24 onwards. The total input tax credit (ITC) available for inward supplies is now auto-populated in Table 8A of GSTR-9 based on GSTR-2B for the respective financial year.
Meanwhile, Table 8C of GSTR-9 requires manual entry of ITC on inward supplies received during the FY but availed in the next FY within the permissible period. This change has raised several queries regarding mismatches between the values in Table 8A and Table 8C, particularly due to differences in data sources (GSTR-2A for FY 2022-23 and GSTR-2B for FY 2023-24). Below are common issues and recommended solutions to ensure compliance and accurate reporting:
Common Scenarios and Reporting Guidelines
1. Invoice Dated FY 2023-24, Reported Late in GSTR-1
Issue: The supplier files GSTR-1 post-March 2024, making the invoice part of
the next year’s GSTR-2B.
Solution:
2. ITC Claimed and Reversed in FY 2023-24, Reclaimed in FY 2024-25
Issue: ITC is reversed due to non-payment to the supplier within 180 days (as
per Section 16(2)) but reclaimed after payment in FY 2024-25.
Solution:
3. ITC Claimed, Reversed, and Reclaimed Due to Goods Received Late
Issue: ITC claimed in FY 2023-24 and reversed due to non-receipt of goods (as
per Circular 170), then reclaimed in FY 2024-25.
Solution:
4. FY 2022-23 Invoice in Table 8A of FY 2023-24
Issue: Supplier files GSTR-1 late, causing FY 2022-23 invoices to appear in
Table 8A of FY 2023-24.
Solution:
5. ITC Claimed, Reversed, and Reclaimed in the Same FY
Issue: Invoice ITC is claimed, reversed, and reclaimed within FY 2023-24.
Solution:
Key Takeaways
By adhering to these guidelines, taxpayers can minimize mismatches and ensure accurate compliance with the revised norms for FY 2023-24 annual returns.
The concept of e-Invoicing under the Goods and Services Tax (GST) regime is transforming the way businesses report their invoices. Contrary to popular belief, e-Invoicing does not imply generating invoices on a government portal but involves reporting specific GST document details to an Invoice Registration Portal (IRP) and obtaining a unique Invoice Reference Number (IRN). Let’s dive into the key components of this system and its operational framework.
1. What is e-Invoicing?
e-Invoicing is the process of digitally reporting invoice details to government-notified portals. Businesses upload these invoices to the IRP, where they are validated and assigned a unique IRN.
2. Key Components of e-Invoicing
Invoice Registration Portal (IRP):
IRPs are government-approved platforms for reporting invoices. Currently, six
IRPs are authorized to generate IRNs free of charge under Rule 48(4) of the
CGST Rules.
Invoice Reference Number (IRN):
IRN is a unique identifier generated for each invoice by hashing the supplier's
GSTIN, financial year, document type, and document number.
Annual Aggregate Turnover (AATO):
AATO is calculated based on the taxpayer's PAN and GSTR-3B returns. It
determines the applicability of e-Invoicing requirements for businesses.
Enablement for e-Invoicing:
Taxpayers are automatically enabled for e-Invoicing based on their AATO. If not
enabled, they can self-register on the e-Invoice portal (https://einvoice.gst.gov.in).
e-Invoice QR Code:
A QR code with essential invoice details, such as GSTINs, invoice number, date,
value, and IRN, is generated for each e-Invoice.
3. Key Features of e-Invoicing System
Auto-Population in GSTR-1:
Once validated, e-Invoice details are automatically populated in the supplier's
GSTR-1 return form, streamlining compliance.
Standardized Schema:
The e-Invoice schema (INV-1 Version 1.1) defines mandatory and optional fields
for consistent data representation.
Master Codes:
Predefined codes like HSN, state, country, and currency codes standardize the
e-Invoicing process.
API for Reporting:
IRPs provide API-based integration for seamless reporting of invoice
details from existing ERP systems.
Signed e-Invoices:
After validation, the IRP digitally signs e-Invoices, assigning them a unique
IRN and QR code.
4. How e-Invoicing Impacts Business Operations
ERP Integration:
Businesses can continue generating invoices through their ERP systems. However,
B2B invoice details must be reported to the IRP in a predefined JSON format.
Simplified Compliance for B2B Transactions:
Currently applicable to certain taxpayers based on their turnover, e-Invoicing
enhances transparency and reduces errors in B2B transactions.
Verification via GSTN e-Services App:
The app allows users to verify e-Invoices by scanning QR codes, check IRN
status, and access return filing details.
5. Benefits of e-Invoicing
6. Navigating e-Invoice Portals
The official e-Invoice Front Office Portal (https://einvoice.gst.gov.in) provides functionalities like enablement status checks, IRN searches, schema guidelines, and links to IRPs.
Conclusion
e-Invoicing is a significant step toward digitizing tax compliance under GST. It not only streamlines the reporting process but also ensures accuracy and transparency in B2B transactions. Businesses should adopt this system to enhance their compliance and operational efficiency.
Understanding e-Invoicing in GST: A Comprehensive Guide
In an effort to enhance transparency and improve the ease of doing business, the Government of India introduced the concept of e-Invoicing under GST. This initiative streamlines the process of invoice generation, reporting, and validation. Let’s dive into the details of e-Invoicing, its applicability, and the processes involved.
What is e-Invoicing?
e-Invoicing refers to the reporting of specific GST documents to a Government-notified portal called the Invoice Registration Portal (IRP) to obtain a unique Invoice Reference Number (IRN).
It’s important to note that e-Invoicing does not mean generating invoices directly on a government portal. Businesses will continue to create invoices using their own Accounting, Billing, or ERP Systems. The invoices are then uploaded to one of the six authorized IRPs in a standardized format, called Form GST INV-1 (Schema), at no charge.
Who Needs to Comply with e-Invoicing?
e-Invoicing is applicable to taxpayers whose aggregate turnover exceeds the notified threshold in any preceding financial year since 2017-18.
Exemptions from e-Invoicing
Certain entities and taxpayers are exempt from the e-Invoicing requirements. These exemptions are notified by the Government from time to time. Businesses are advised to refer to the official notifications for detailed exemption criteria.
Documents Covered Under e-Invoicing
The following documents are subject to e-Invoicing requirements:
How Does the e-Invoicing Process Work?
Steps for Reporting e-Invoices
Step 1: Enablement for e-Invoicing
Step 2: Registration on IRP
Step 3: Reporting e-Invoices
Step 4: Auto-Population
Verification of e-Invoices
Taxpayers can verify e-Invoices using the following methods:
Comprehensive Resources: e-Invoice FO Portal
The e-Invoice Front Office Portal (https://einvoice.gst.gov.in) serves as a one-stop resource for all e-Invoicing-related functionalities:
The portal is expected to offer additional functionalities, such as downloading e-Invoices, in the near future.
Conclusion
e-Invoicing is a game-changer for GST compliance, ensuring seamless integration of invoice reporting with the GST system. It reduces manual intervention, enhances accuracy, and streamlines the filing process for businesses.
To stay compliant and leverage the benefits of e-Invoicing, businesses must ensure timely enablement and proper reporting of invoices. For more details, refer to the official e-Invoice portal.