Many provisions of the CGST Act 2017, has been amended in the Finance Bill 2020 and some of the same have been notified and the effective date is 30th Jun 2020.
Section – 118 of Finance Act 2020: This amendment eases the provision for claiming input tax credit on debit note as per provisions of Section 16(4). The due date for availing input tax credit on the debit note has been amended. With this amendment, the date of actual invoice is no longer linked. This is a welcome move and help the taxpayers a lot.
Section – 125 of Finance Act 2020: This provisions amendments Section 132. To curb the tax evasion and fraudulent manner of availing input tax credit. With these amendments, now the person who has taken the input tax credit fraudulently will also be penalized.
Section – 129 of Finance Act 2020: Para 4 of the Schedule II of the CGST Act 2017 has been amended. With this amendment, the transfer of business assets is considered as a supply, even if the transfer is made for consideration or not.
Section – 130 of Finance Act 2020: Based on the decisions taken in 37th GST Council Meeting, the fish meal is exempted for GST. Similarly, the tax rate of pulleys, wheels other parts used as part of agricultural machinery is reduced to 12%. With reduction of tax rates, it will lead to inverted duty structure and refund is not eligible in this case.
Rules 7 of the CGST Rules 2017 has been amended with a new entry for Composition tax payers who are providing services will be taxed at rate of 6% (CGST – 3% & SGST/UTGST – 3%).
As per the decisions taken in the 40th GST Council Meeting, the due dates & rate of interest for filing of GSTR – 3B has been notified.
Due date for filing of GSTR – 3B has been notified based on the decisions taken in the 40th GST Council and reduction of late fee has been notified
Late fee has been reduced or waived off for the taxpayers who have not filed GSTR – 3B for the period July 2017 to January 2020 between 1st July 2017 and 30th Sep 2020
The due dates for filing of GSTR – 1 has been notified from Jan 2020 to June 2020 for both monthly filing and quarterly filers. Late fee has also been waived off if the returns are filed within the due dates.
The due dates for filing of GSTR – 3B for the taxpayers whose turnover is less than Rs 5 crores in the previous financial year are
GST Rates for real estates have been reduced and input tax credit is not allowed in some cases. As the rates have been reduced for the real estate sector, input tax credit is not allowed. Another condition laid is that at least 80% of the inputs and input services expect services by way of grant of development rights, long term lease of land or FSI, electricity, high speed diesel, motor spirit, natural gas, will procured by the developer or the builder from registered taxpayers. In case if the same are procured from unregistered taxpayers, the builder or developer is required to pay the tax at end of the financial year. As per the Instructions, the tax payment has to be done by the developer or builder using the Form DRC – 03.