26.04.2022: The Ministry of Finance has yesterday provided a clarification related to the misleading reports about raising GST Rates on 143 items.
The MOF has noted that a few sections of the media have reported that feedback has been sought from States regarding a suggestion for raising Good & Services Tax (GST) rates on 143 items.
Similarly, some reports have even carried the number and description of items. Thus, it has clarified that no feedback from States has been sought on the GST rates for any specific items or specific proposals to restructure the rates and the reports regarding the same are purely speculative without any basis in fact.
Further, it clarified that the GST Council, in its 45th Meeting had formed a Group of Ministers (GoM) to look into the rationalization of rates.
Thus, the deliberations of the Group are ongoing. The views of the States were sought generally on the Terms of References (ToRs) of the GoM soon after it was set up in September 2021. A report of the Group is yet to be submitted to the Council for consideration.
Top 5 Recent simplifications made in GSTR 9C
The government recently made many changes in the GSTR 9C Reconciliation statement to ease the job of annual return filing. Here are the top 5 changes that you must know.
- Cash flow attachment is not mandatory in the revised format
- Revision in the declaration by the auditor saying the information provided is true and fair instead of true and correct.
- Table 14 made optional for reconciliation of ITC declared in Annual Return with ITC availed on expenses.
- Table no. 12 made optional not to fill ITC booked in previous FY claimed in the current year. Also, ITC booked in current FY to be claimed in next FY
- The option is provided for a table no. 5 not to fill unbilled revenue, unadjusted advances, and other entries.
GSTN Replies to clarify on GSTR 9C Error and OTP Delivery
24.01.2020: The official GSTN’s twitter handle tweets today to clarify the GSTR 9C uploading error and the OTP errors issue. For the last many days, the taxpayers were not able to upload the GSTR 9C reconciliation statement on the GST portal. On the other hand, the GSTR 3B filers including annual return filers were not getting OTP or were delayed for an unknown time. Here is the clarification.
GSTR 9C uploading issue
Issue: Error while uploading the balance sheet and profit & loss statement while filing GSTR 9C return.
Solutions: The balance sheet and profit & loss statement/income tax expenditure statement keywords used in office network firewall/content security firewall to deny upload of such files/content as these contain sensitive information. If this will be used on an open network all such mentioned documents can be uploaded successfully.
OPT issues clarification
The tweet says there were 46 cases reported of OTP not received on 23.01.2020. In this regards, GSTN says SMS logs are being checked and the issue will be resolved today. on the other hand, email delivery was also affected due to security blocking of a particular email server of an email service provider. The said issue has been already resolved. Here is the official tweet from GSTN.
Revised GSTR 9C Audit Format is now available to Download
27.12.2019: The government announced that the revised formats/offline utilities of GSTR 9 and 9C will be available on the GST portal by 21st December 2019. As of now the GSTR 9C format in Excel is available to download on the GST portal. However, the GSTN has noticed a minor issue in the auditor’s certificate issued in Part-B(ii) as announced in the below message.
Further, in the 38th GST council meeting, the council recommended extending the due date from 31st December 2019 to 31.01.2020 for Fy 2017-18. The official GST notification is issued in this regard now.
GSTR 9 & 9C Revised Formats: Download in pdf now
The revised GSTR 9 & 9C formats are available to download in pdf format as per the latest notification. The changes are highlighted with red color in the revised format. Click below to download the revised pdf format of GSTR 9 & 9C.
Therefore, you may prepare your GSTR 9 now with revised instructions as in the above format. You may also download the latest CGST Rules updated as on 14.11.2019 with all forms in pdf format from CGST Rules page.
GST Notification update: CBIC issues various GST notifications and orders
15.11.2019: The CBIC issues various GST notifications to extend GST Returns due dates. This includes GSTR 1, GSTR 3B, GSTR7, GSTR 9 and 9C.
It also includes notification to carry out the Changes in GSTR 9 and 9C format, for Simplification of returns.
New Input tax credit Restrictions: CBIC issues circular to clarify the concept
11.11.2019: The Central Board of Indirect Taxes and Customs has issued a GST circular today, to clarify input tax credit restrictions to be applicable from October 2019 month. This circular has reference no. 12/2019 dt.11.11.2019.
According to this circular, the taxpayer needs to file the GSTR 3B return of October 2019, by keeping these instructions in mind. Read this circular from our GST Notification page to know more.
Govt. Says: Communication to Taxpayer is not valid without “DIN” from tomorrow onwards
07.11.2019: The central board of Direct and Indirect taxes to bring into force the “Document Identification Number(DIN) from Tomorrow. This is in reference with circular no. 122/141/2019-GST dt. 05.11.2019.
Thus, the DIN number will be a unique identification number generated through the system. The DIN should be quoted by the tax officers to any communication made to the taxpayer. This is another step from the government to bring into transparency in the taxation system.
Format of DIN
CBIC = “Central Board of Direct and Indirect Taxes”
YYYY = Calendar year in which the DIN is generated
MM = Month in which the DIN is generated
ZCDR = Zone Commissionerate Division Range code of field formation/Directorate
NNNNNN = 6 digit system generated random number
Here are some of the communications must be made with DIN to the taxpayer.
- Search authorization
- Arrest memo
- Inspection notices
- Letters issued in the course of any inquiry
From tomorrow on wards i.e 08.11.2019, any communication from GST or Custom or Central Excise department is made without a computer-generated DIN, will be treated as invalid and shall be non-est in law or deemed to be as if it has never been issued.
However, there are certain specified exceptional circumstances, where communication can be made without DIN. Here are some of them:
- Technical difficulties to generate DIN
- communication is urgent
- To be issued at short notice
- urgent situation
- An authorized officer is outside the office in the discharge of his official duties.
Further, any communication made without DIN must be regularized on the system within 15 working days of its issuance to the taxpayer. Read more at GST Notification download page.
CGGI arrest for issuing fake invoices worth Rs. 16.54 crore
28-06-2019: The GST Intelligence (DGGI), Regional Unit, Rohtak (Haryana) has arrested one person. His name is Shri Sunny Singhal of Panipat who was found involved in issuing fake invoices from various firms without actual movement of goods. The invoices having taxable value of Rs. 146.62 Crores and fraudulently passing ITC against these invoices amounting to Rs. 16.54 Crores.
He did pass such fraudulent ITC to some of the buyers who availed of the same to discharge their GST liability against their outward supplies with an ulterior motive to defraud the Government exchequer.
During the investigation process, Shri Singhal has admitted that these firms were opened by him in the name of different persons as Proprietorship firms. He admists that he used to issue bills without movement of goods and for this he used to earn commission and some of the entries in the diaries/records resumed were of such commission.
Thus, Shri Sunny Singhal has committed offences under the provisions of Section 132(1)(b)(c) of the Central Goods & Services Tax Act (CGST), 2017, which are cognizable and non-bailable offences under Section 132(5) of the CGST Act, 2017, being punishable under Section 132(1)(l)(i) of the CGST Act, 2017.
Consequently, Shri Sunny Singhal was arrested on 25.06.2019 under Section 69(1) of the CGST Act, 2017 and produced in Rohtak Court on 26.6.2019. The Court has sent him to judicial custody till 9.7.2019.
During the investigations conducted so far into the fake billing racket in this case, DGGI, Regional Unit, Rohtak has recovered an amount of Rs. 3.75 Crore from the GST evaded. Further investigations in the matter are in the progress.
GST officer Arrested: Demanded 1 lakh Bribe
The ANI has twitted that, The Anti Corruption Bureau of Maharashtra Pune has arrested a Class-II GST Officer for demanding and accepting Rs 1 Lakh. It is known that he has demanded a bribe for withdrawing a notice issued by GST Department. Here is the tweet dt.29.06.2019.
Arrest by GST officials: Telangana High Court maintains its decision
23.04.2019: The Writ Petition was filed by Seven Companies Infinity Metals Products India Limited, Sujana Universal Industries Limited, Hindustan Ispat Private Limited, EBC Bearings India Limited, V.S. Ferros Enterprises Private Limited, Hyderabad Steels, MSR India Limited and Suyati Impex Private Limited.
The Petitioners challenged the issuance of summons and searches conducted by the Hyderabad GST officials. While upholding the arrest, a Division Bench rejected the technical objections raised by the petitioners over the powers and reasons of the GST officials to arrest them.
The bench observed that despite the petitions being maintainable and incongruities within some provisions of the Central Goods and Service Tax (CGST) Act-2017, the relief could not be granted to the companies due to the ‘special circumstances’ of the case.
99% Items May fall under 18% GST slab Soon – Shri Narendra Modi
GST News Today – 18.12.2018 – Shri Narendra Modi specified that the 99% items will be put under 18% GST slab and rest 1% or less will be kept under 28% especially the luxury items only.
Further, the Prime Minister said that the effort is going on, to ensure that 99% of all items, including almost all items used by the common man, may be kept at a GST slab of 18% or less. The prime minister addresses this information at republic TV summit in Mumbai on 18th December 2018.
A need of GST from 100 years
However, he said our nation was waiting for more than 100 years for GST. And now after implementation of GST markets are recovering from negative impacts. Also, this is bringing transparency in the system.
Further, he said the hardworking and enterprising people of the society, who are connected to the market, are getting a clean, simple, inspector-free system. Also, Everyone tried to implement such a huge tax reform in our country and Everyone has made their contribution.
The result of this business of our business and people is that India can succeed in making such a big change. Applying small tax reforms is also not easy in developed countries.
Expansion of Taxpayer base under GST
The Number of registered enterprises was only 66 lakhs before the implementation of GST. However, this has now increased to 1.2crore. In the early days, GST was moving ahead in the shadow of the system of VAT and excise in different states. As discussions with stakeholders, talk to state governments, talked to economists, talked to tax practitioners, gradually changing the situation.
On one hand, he said he has given his suggestions for the upcoming GST council meeting. They will decide together, 99 percent things will fall below 18 percent. On the other hand, half or one percent items like airplanes, big car, alcohol, cigarette etc. will stay in 28% slab. Rest all; normal human beings consumable items will fall below 99 percent i.e. 18 percent.
Upcoming GST Council meeting
The is 31st GST Council Meeting is scheduled for 22nd December 2018 in New Delhi. Therefore we can expect that few decisions will be taken to reduce existing GST slab from 28% to 18% or less. Keep visiting GST India news today to see latest updates of upcoming GST council meeting.
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