Law Legends

Rule 37A - Reversal of Input Tax Credit in Case of Non-Payment of Tax by the Supplier and Re-Availment Thereof:

Where a registered person has availed Input Tax Credit (ITC) in the GSTR-3B return for any tax period concerning invoices or debit notes, for which details have been furnished by the supplier in GSTR-1 or IFF (Invoice Furnishing Facility). However, if the supplier has not submitted the GSTR-3B return for supplies related to those invoices or debit notes by the end of the relevant financial year until 30th September, then in such cases, the registered person who claimed ITC against those invoices or debit notes must reverse the claimed ITC by the end of the relevant financial year or before filing the GSTR-3B, whichever is earlier.

But if the ITC is not reversed within the prescribed time frame, interest will be charged as per Section 50 at the time of making the payment.

Provided further that if the supplier subsequently furnishes the GSTR-3B return for that tax period, the registered person may re-avail the credit of ITC.

In simple terms, if a registered person has claimed ITC based on invoices or debit notes, but the supplier hasn't filed their GSTR-3B return for those supplies by the end of the relevant financial year until 30th September, the registered person must reverse the ITC claimed by the earlier of the end of the relevant financial year or before filing their GSTR-3B return. If they don't reverse it in time, interest will be charged as per Section 50. However, if the supplier later files the GSTR-3B return for that tax period, the registered person can re-avail the ITC.

https://taxinformation.cbic.gov.in/view-pdf/1009584/ENG/Notifications

Disclaimer:-The information available on this website/ App is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/APP, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website/APP.

GST To check rate , first of all you have to go to CBIC . of website https://gstcouncil.gov.in/ But Will have to visit . As soon as the website opens, the home page will be displayed to you.

 

On the left side of the home page Overview option is given , where HSN/SAC CODE/GST RATE FINDER Of Have to click on the option .

 

After clicking C you will get a window like this will be shown , Where you will find the rate of Goods and Services to different _ tab Is given and just below it the option of search is given .

You You can search GST rate by mentioning the HSN code or description of goods of the product or service for which you want to search GST rate.

Example: If you want to search the rate of printer, then in the description Printer will write. After entering , you will know its HSN CODE and GST Rate .

Similarly, you can search the rate of any Goods and Service.

Disclaimer:-The information available on this website/ App is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/APP, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website/APP.

IFF (INVOICE FURNISHING FACILITY)

CBIC had implemented the IFF facility on 10th Nov 2020 through Notification 82/2020 which has become effective from 01st January, 2021.

IFF allows small taxpayers who file their returns quarterly to upload B2B Invoices up to Rs 50 lakh per month through IFF in the first two months of their quarter and pass the input tax credit to their suppliers. can on.

Now let us know the answers to some important questions related to IFF.

like

Q. Since when has IFF been implemented?

   A.1st Jan, 2021

Q. What is IFF for?

   A.Only for those who have opted for Quarterly Return Monthly Payment scheme.

Q. Is IFF optional or mandatory?

   A.Optional.

Q. Is there any limit for uploading Invoice in IFF?

   A.Yes, B2B invoices worth more than Rs 50 lakh cannot be uploaded in any month.

Q. Then if I have invoices worth more than Rs 50 lakh in a month, what will happen to them? When and how can I upload them?

   A.You can upload it in next month's IFF or quarter's GSTR1.

Q. Do I have the right to choose B2B invoices up to Rs 50 lakh or are there any rules or conditions given for that?

   A.No, there is no such condition, you can pass on ITC to any B2B supplier you want.

Q. Should we include tax while calculating B2B invoices up to Rs 50 lakh or should only the total taxable value not exceed Rs 50 lakh?

   A.Yes, you will have to calculate total Rs 50 lakh by including tax.

Q. Can only B2B invoices be uploaded in IFF? Or debit/credit note can also be uploaded?

   A.Yes, you can upload both B2B invoices and debit/credit notes.

Q. Is there any last date given for filing IFF?

   A.13th of every month.

Q. What will be the consequences if I file IFF after the due date?

   A.Instead of getting ITC in the same month, your supplier will get it in the next month.

Q. And if there is a last date, is there any kind of late fee or penalty for filing after that date or not?

   A.There is no late fee or penalty of any kind.

Q. Once IFF is filed, is it necessary to always file it?

   A.No

13) Is IFF filed every month?

No, IFF will be filed only for the first two months of the quarter and you will have to file GSTR1 in the third month i.e. quarter end.

What details are filled in IFF?

table

  1. 4A (Supplies other than RCM and E-Commerce Operator)
  2. 4B (Supplies Attracting RCM)
  3. 4C (Supplies through E-Commerce Attracting TCS)
  4. 6B (Supplies made to SEZ unit or SEZ Developer)
  5. 6C (Deemed Export)
  6. 9B (Dr/Cr Note to Registered Person)
  7. 9A (Amendment of B2B Invoice)
  8. 9C (Amendment of Dr/Cr Note)

14) Which details cannot be uploaded in IFF?

   A.Any kind of invoices issued to unregistered person and Exports Invoices, Nil rated supply, exempted supply, Non GST supply, HSN wise summary, Documents issued, Statement of Advance Received.

15) If any mistake is made while filing IFF, can we amend it?

   A.It is mandatory to file GSTR1 at quarter end, IFF- is not a substitute for GSTR1.

  • Will my supplier get ITC by filing IFF or will it be reflected in GSTR2A, GSTR2B to the supplier only after filing GSTR1 of the quarter?

If you have filed IFF till 13th then your supplier will get ITC and if you have filed after 13th then you will get ITC in the next month.

  • What if I have not filed GSTR3B of my previous quarter?

If you have not filed your GSTR3B for the last quarter then you cannot file IFF.

Disclaimer:-The information available on this website/ App is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/APP, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website/APP.

If the e-way bill generation facility is blocked, how can you unblock it and what can be the impact of blocking.

In this Article you will learn :

  • Why was the concept of E-way bill blocking introduced?
  • When can E-way bill be blocked?
  • What will be the impact on the taxpayer if the e-way bill is blocked?
  • How can E-way bill be unblocked?
  • What is the effect of GSTIN blocking on already generated e-way bill?
  • Aspects related to GSTIN block/unblock of transporter.
Why was the concept of E-way bill blocking introduced:

The concept of E-way bill blocking has been introduced to comply with tax rules and prevent tax evasion. The department found in many cases that taxpayers were not filing returns on time, and defaulters were not filing returns but were easily selling their goods by generating e-way. Because of this the government was facing huge loss of revenue. To stop these, the government started the system of e-way bill blocking.

When can E-way bill be blocked:-

If the taxpayer does not file FORM GSTR-3B / FORM CMP-08 for two consecutive month/quarter (as the case may be) i.e. two tax periods, then the e-way bill generation will be blocked, meaning the taxpayer e-way Will not be able to generate bill.

Example: If a registered person has not filed return for January'23 & February'23. Meaning, if he has been defaulting in return filing for 2 consecutive months, then in such a case the E-way bill generation facility will be blocked.

What will be the impact on Taxpayer if E-way bill is blocked:-

The person whose e-way bill is blocked can neither supply the goods anywhere nor receive them from anyone else. This will have a huge impact on your business, because you will neither be able to sell nor buy.

To generate e-way bill, GSTIN of such blocked taxpayer cannot be used.

If goods are moved without generating e-way bill, the authority can impose fine or seize/detain the goods. If your goods are seized/detained, they will be released only after paying the penalty.

How can E-way bill be unblocked:-

When the taxpayer files Form GSTR-3B / Form CMP-08 or his default period of return filing is less than 2 tax periods, then automatically his e-way bill gets unblocked on the next day.

Example:

Suppose you have the liability of filing monthly return and you have not filed GSTR-3B for April-2023 and May-2023, then due to this your e-way bill has been blocked. So in this case, if you file the return of April-2023, then the default period will be less than 2 months and this will unblock your e-way bill.

E-way system receives information from GST Portal to know the return filing status of the taxpayer. If the taxpayer files the return, the GSTIN gets unblocked on the e-way bill system and the facility to generate e-way bill is enabled from the next day.

If a taxpayer has to generate e-way immediately after filing the return, then he will have to follow the procedure like this: -

First of all you have to go to the E-way bill portal and click on the option of Update Block Status in the search tab. Here you mention GSTIN & Captcha and click on Go. Here the status of your GSTIN will be shown. If your GSTIN status is showing block, then you can use update unblock status from GST common portal to get the latest filing status from GST portal and unblock it.

If even after this the system is not unblocking the GSTIN, then the taxpayer can contact the helpdesk and register his complaint.

What is the effect of GSTIN blocking on already generated e-way bill?

For example, if you have generated an E-way bill today in respect of which movement of goods is still pending and after generating the E-way bill, if you’re GSTIN is blocked, then what will be the effect on that already generated e-way bill.

In such cases, the already generated e-way bill remains valid, blocking of GSTIN has no effect on it. Movement of goods can also be done easily in respect of that E-way bill.

If any transporter or taxpayer who’s GSTIN has been blocked, he can update the vehicle information or transporter information in the already generated E-way bill and if there is a requirement for any extension, then he can also update it as per the rule.

Aspects related to GSTIN block/unblock of transporter:-

There are two types of transporters:-

  1. Transporter registered in GST
  2. E-way enrolled transporter

If the transporter is registered in GST and has not filed GSTR-3B return for two consecutive months/quarters, then his GSTIN gets blocked. If the GSTIN of the transporter is blocked then the consignor or consignee cannot use it to update the details of the transporter when they generate the E-way bill.

If the transporter is not GST registered, he is enrolled only on the E-way bill portal, then in such a case the block concept will not have any impact because there is no liability of return filling.

Disclaimer:-The information available on this website/ App is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/APP, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website/APP.

GSTR-1 is a Monthly/Quarterly statement, in which the taxpayer summarizes his complete sales. While filling the details of the invoice, the tax payer should ensure that the customer has a valid GST no. Entered/mentioned. But if while filing GSTR-1 statement, details of another registered person have been submitted, can it be rectified? If yes, then how can it be rectified and for how long?

 

How to rectify:-

 

Once the return is filed, it cannot be revised, but the mistakes made in the return can be rectified in GSTR-1 of the next month/quarter.

For rectification, you have to go to “Amend Record Detail - 9A amended B2B TAB” in GSTR-1 of the next month/quarter, select the relevant financial year and enter the number of the relevant invoice in which the change is to be made. As soon as you mention the invoice number, information related to that invoice will be auto populated. Now you can amend whatever changes you want to make in it, such as GST no., Invoice no, Invoice date, Invoice value and after amending it, as soon as you verify it, it will be updated on the GST portal.

 

Time limit to rectify:

According to Section-37 of the CGST Act, if there is any mistake in the GSTR-1 filed, then it must be corrected by 30th November of the subsequent year after the end of the relevant financial year or the date on which the annual return is filed, both. Whichever date is earlier, such mistake can be rectified.

Example :- M/s XYZ ltd. Filed his GSTR –1 statement for March 2023 and later he came to know that there is a mistake in the GSTR –1 statement for the month of March 2023 and filed the annual return for FY 2022-23 on 31st October 2023.

In such a case M/s XYZ ltd. The mistake of GSTR-1 statement filed in the month of March 2023 can be rectified only till 31st October 2023. (Annual return date filling date or return filling date, whichever is earlier).

 

Can the amended invoice be amended again :-

If there is a mistake in the amended invoice, it can be amended again within time, there is no restriction in this.

Disclaimer:-The information available on this website/ App is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/APP, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website/APP.

When the E-mail ID & Phone number of some other person is mentioned in your GST profile, then how can you recover Username and Password in this case.

If you are registered in GST, then you should note that your contact number and email ID should be registered on the GST portal, because whatever information or message has to be sent to the taxpayer by the department, it is registered with the registered person. It is shared on email id and contact number only.

To solve this problem of taxpayers, the department issued a press release on 14.06.2018 under which the taxpayer can get his e-mail ID and mobile number changed with the help of the jurisdictional officer.

As per the following procedure, E-mail ID and Mobile number can be updated by the concerned Jurisdictional tax authority of the taxpayer.

Steps to be followed:
  1. For this, the taxpayer will first have to approach his Jurisdictional Tax Officer and submit an application in this regard.
  2. By going to the search option on “https://www.gst.gov.in” website, you can search your jurisdictional Tax Officer.
  3. Taxpayer will have to provide valid documents to the officer to get his identity proof and GST related business details validated.
  4. The officer will check the authenticity of the submitted documents and update the ‘new e-mail address and mobile number’ given by the taxpayer in the system.
  5. Username and Temporary password will be communicated to the taxpayer through e-mail by the officer.
  6. After this, the taxpayer will have to login to the GST Portal by clicking on ‘First time login link’.

‘To login for the first time, you will have to mention the Username & Temporary password received on the email. After that the system will prompt the taxpayer to change the username and password.

Username and Password changed in this way can be used by the taxpayer in future.

Link reference for press release:

https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1535436

Disclaimer:-The information available on this website/ App is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/APP, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website/APP.

A non-GST supply, often referred to as a non-taxable supply within the framework of GST, is a category of supply that does not incur any Goods and Services Tax (GST) liability. Consequently, suppliers are not obligated to levy GST on their sales nor are they eligible to claim input tax credits.

The terms "Non-GST Supply" lacks a formal definition within the legal framework of GST. However, they are included in the GSTR (Goods and Services Tax Return) for reporting and categorizing purposes.

Supply GST Applicable Type of Supply Eligibility for ITC Examples
Non-GST No Supplies for which GST is not applicable but can attract other taxes No Petrol, Alcohol, Natural Gas etc.
Disclaimer:-The information available on this website/ App is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/APP, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website.

According to Section-8 of IGST Act 2017,

(1) Subject to the provisions of section 10, supply of goods where the location of the supplier and the place of supply of goods are in the same State or same Union territory shall be treated as intra-State supply:

Provided that the following supply of goods shall not be treated as intra-State supply namely:-

(i) supply of goods to or by a Special Economic Zone developer or a Special Economic Zone unit;

(ii) goods imported into the territory of India till they cross the customs frontiers of India; or

(iii) supplies made to a tourist referred to in section 15.

(2) Subject to the provisions of section 12, supply of services where the location of the supplier and the place of supply of services are in the same State or same Union territory shall be treated as intra-State supply:

Provided that the intra-State supply of services shall not include supply of services to or by a Special Economic Zone developer or a Special Economic Zone unit.

Explanation 1.-For the purposes of this Act, where a person has,-

(i) an establishment in India and any other establishment outside India;

(ii) an establishment in a State or Union territory and any other establishment outside that State or Union territory; or

(iii) an establishment in a State or Union territory and any other establishment registered within that State or Union territory, then such establishments shall be treated as establishments of distinct persons.

Explanation 2. - A person carrying on a business through a branch or an agency or a representational office in any territory shall be treated as having an establishment in that territory.

Example: ABC ltd. is located in Indore, Madhya Pradesh supplies LED Lamps worth Rs. 1,00,000 to another entity located in Bhopal, Madhya Pradesh. The GST is charged at 18%, which is apportioned as 9% CGST and 9% SGST.

GST Calculation:

GST Amount = Invoice Value * GST Rate = Rs. 1,00,000 * 18% = Rs. 18,000/-

CGST Amount = GST Amount / 2 = Rs. 18,000 / 2 = Rs. 9,000/-

SGST Amount = GST Amount / 2 = Rs. 18,000 / 2 = Rs. 9,000/-

The dealer collects a total of Rs. 18,000 as GST from the customer. Out of this amount:

Rs. 9,000 is paid as CGST to the Central Government.

Rs. 9,000 is paid as SGST to the Madhya Pradesh State Government.

This calculation is done for an intra-state supply, where both CGST and SGST are applicable. In case of an inter-state supply, Integrated GST (IGST) would be applicable at the same rate of 18%, and the total tax amount collected would also be Rs. 18,000/-. However, in the case of IGST, the tax is paid to the Central Government, and it is then distributed to the respective state governments as per the GST law.

Disclaimer:-The information available on this website/ App is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/APP, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website.

According to Section-7 of IGST Act 2017,

(1) Subject to the provisions of section 10, supply of goods, where the location of the supplier and the place of supply are in-

(a) two different States;

(b) two different Union territories; or

(c) a State and a Union territory,

 

shall be treated as a supply of goods in the course of inter-State trade or commerce.

 

(2) Supply of goods imported into the territory of India, till they cross the customs frontiers of India, shall be treated to be a supply of goods in the course of inter-State trade or commerce.

 

(3) Subject to the provisions of section 12, supply of services, where the location of the supplier and the place of supply are in-

(a) two different States;

(b) two different Union territories; or

(c) a State and a Union territory,

 

shall be treated as a supply of services in the course of inter-State trade or commerce.

(4) Supply of services imported into the territory of India shall be treated to be a supply of services in the course of inter-State trade or commerce.

(5) Supply of goods or services or both,-

(a) when the supplier is located in India and the place of supply is outside India;

(b) to or by a Special Economic Zone developer or a Special Economic Zone unit; or

(c) in the taxable territory, not being an intra-State supply and not covered elsewhere in this section,

shall be treated to be a supply of goods or services or both in the course of inter-State trade or commerce.

 

In Simple Words:

Interstate supply refers to a scenario in which the provider of goods or services is located in a distinct state or Union Territory, and the destination or place of receipt of those goods or services is situated in another state or Union Territory. Additionally, supplies involving activities such as imports, exports, or transactions with Special Economic Zone (SEZ) units or Export-oriented Units (EOUs) are also categorized as interstate supplies. In the context of India's taxation system, the Central Government imposes the Integrated Goods and Services Tax (IGST) on interstate supplies of goods and services, ensuring uniform taxation and revenue distribution across states and Union Territories.

 

For Example: A Company XYZ Ltd, located in Indore, Madhya Pradesh, supplies LED Lamps worth Rs. 1,00,000 to Mumbai, Maharashtra, this transaction is categorized as an interstate supply. This is because the supplier is in Madhya Pradesh (one state) and the place of supply is in Maharashtra (a different state).

The applicable GST rate on the goods supplied is 18%. Therefore, IGST (Integrated Goods and Services Tax) is levied on this interstate supply. Here's how the IGST calculation works:

IGST Amount = Value of Supply * GST Rate

IGST Amount = Rs. 1,00,000 * 18% = Rs. 18,000

So, in this case, the dealer, Company ABC Ltd, will charge Rs. 18,000 as IGST to the customer in Mumbai, Maharashtra. This IGST amount is then paid to the Central Government. It's important to note that IGST is a unified tax collected by the Central Government, and a share of it is later distributed to the destination state, which in this case is Maharashtra. This ensures the seamless flow of goods and services across state borders while maintaining a fair revenue-sharing mechanism between states and the central government.

Disclaimer:-The information available on this website/ App is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/APP, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website.

When goods are removed by principal person, then according to Rule 55 of CGST Act, delivery challan is issued. Delivery challan is issued when transportation of goods for reasons other than by way of supply.

Information on Delivery Challan:

  • Date and number of the delivery challan.
  • Name, address and GSTIN of the principal.
  • Name, address and GSTIN of the job worker.
  • HSN Code & Description of the goods being sent for job work, including their quantity and value.
  • Details of the applicable GST rate and amount.
  • Taxable Value.
  • Reasons for sending the goods for job work (e.g., for processing, repair, etc.).
  • Place of supply.
Disclaimer:-The information available on this website/ App is solely for informational purposes. We make no representation or warranties of any kind, express or implied about the accuracy, reliability, with respect to information and material or video available on website/APP, any reliance you place on such information is therefore strictly at your own risk. We are not liable for any consequence of any action taken by you relying on the material/information provided on this website.
error: Content is protected !!
Open chat
Raise A Query
Hello 👋
Can we help you?



    Please Subscribe from Law Legends Application
    and download the App from

    Thanks For Visiting Us!