Newsletter

In continuation to the Press Release issued on 07 December 2018, the Government has issued an Order extending the deadlines for filing GST Annual returns July 17 to March 18 period to 31 March 2019. Suitable Explanation has been inserted to Section 44 of the CGST Act 2017. 

They have also mentioned the electronic facility for filing the annual return is likely to be operational and made available to the assessees by 31 January 2019.

CBDT clarifies that no appeal / SLP shall be filed in cases where tax effect does not exceed the monetary limits specified in Para 3 of Circular No 3/2018 dated 11 July 2018. Further, appeal should not be filed merely because the tax effect exceeds the monetary limits but appeals should be contested on merits. 

It re-iterates the intent of the said Circular to avoid mechanical filing of appeals and provides specific scenarios in which appeal shall be filed on merits, notwithstanding the fact the tax effects in such cases could be lower than the monetary limits.

CBDT gas clarifies that no TDS deduction u/s. 194A shall be required to be made in case of senior citizens, if the amount of income or aggregate amount of income credited or paid does not exceed Rs. 50,000 during the financial year

It further authorised DGIT (Systems) to specify the procedure, format and standards for the purpose of furnishing and verification  of claim for refund u/s 26B as well as for the day to day administrative in this respect.

CBIC has extended the due date for GST Annual Returns (GSTR-9, GSTR-9A) and GST Audit (GSTR-9C) till 31 March 2019. It has also clarfied that relevant forms shall be made available on GSTN Portal shortly - Press Release dated 07 December 2018.

In continuation to the FAQ issued by the government on various issues pertaining to TDS / TCS provisions under GST, an updated FAQ pertaining to TCS provisions has now been released.

The additional clarifications have been highlighted by CBIC for ease of reference

The CBIC has extended the due date for filing of GSTR-7 (Return for registered persons requiring to deduct tax at source) for the months of October 2018 to December 2018 till 31 January 2019 vide Notification No 66/2018 - Central Tax dated 29 November 2018.

In order to ease down the difficulties being faced by various taxpayers in the state of Tamil Nadu and Andhra Pradesh  due to disturbances caused by cyclone the Government extends the due date for filing of various GST Returns that were originally due for filing in the month of October and November'18 

In response to clarification sought by M/s Maruti Ispat and Energy Private Limited with respect to Input Tax Credit to be availed on goods and services used for installation (foundation) and protection (by way of creating sheds) of Plant and Machinery, the Andhra Pradesh AAR has ruled that the said inputs / input services do not fall within the ambit of Explanation to the Proviso to the Section 17(5) of CGST Act 2017. Therefore, the applicant is not entitiled to claim the Input Tax Credit on the said goods and services.

In response to the question raised by by the Application w.r.t. classification of goods or services or both and determination of liability to pay tax thereon, the Rajasthan AAR has ruled out as under:

• Comprehensive maintenance services agreement would be classifiable as Composite Supply u/s 30 of the CGST Act 2017. Further, the supply of Operation & Maintenance services is the principal supply and other services are ancilliary to such principal supply
• Supply under Equipment parts supply and services agreement which includes supply and replacement of spare parts are to be treated as Mixed Supply.
• GST shall be payable at the rate applicable to Maintenance and repair service in case of such composite supplies. In case of mixed supply, the GST rate shall be the highest rate of tax as per section 8(b) of the CGST Act 2017
• With regards to the query raised in aspect of ‘place of supply’ the AAR stated that the same is outside its ambit and refused to provide ruling on the same.

Maharashtra Government have issued various clarification regarding GST Refund Application Process vide circular No.33T of 2018.The points covered under the circulars are as below:

Submission of Invoices for processing of claims;

System validation in calculating the refund amount;

Re-credit of electronic credit ledger in case of rejection of refund claim;

Scope of rule 96(10) of MGST Rule (benefit to importer and registered party to reduce the incidence of tax or no Tax);

Disbursal of refund amount after sanctioning by the proper officer;

Status of refund claimed after issuance of deficiency memo;

Treatment of refund application where the amount claimed is less than rupees one thousand.