Categories
GST Latest News

Simplified GST Registration Scheme under Rule 14A and Rule 9A w.e.f from 01.11.2025

Under the GST laws, there was a need for a simplified GST Registration Scheme to counter the persisting issues faced by the assessees in obtaining GST registration that have been highlighted at various forums. As per Notification No. 18/2025 – Central Tax dated 31st October, 2025, the Central Board of Indirect Taxes and Customs has inserted 2 new rules i.e. Rule 14A and Rule 9A in the GST law to introduce a simplified GST registration scheme to bring small business into the formal economy by simplifying the registration process.

simplified gst registration scheme rule 14a and 9a

Need for a simplified GST registration scheme

There have been several instances where the assessees who are interested in obtaining GST registrations have faced challenges that have prevented them from entering into the formal economy such as –

  • Delays in the physical verification process,
  • Minor discrepancies in documents leading to rejections,
  • Multiple queries and documents required from small businesses, amongst others.

Therefore, there was a need for a simplified GST registration scheme for addressing these common challenges faced by a large section of the economy.

Rule 14A – ‘Option for taxpayers having monthly output tax liability below threshold limit’

As per the newly inserted Rule 14A – ‘Option for taxpayers having monthly output tax liability below threshold limit’ – any person, who on his own assessment feels that his output tax liability on the supply of goods and services or both, to registered persons will not exceed Rs. 2.50 lacs per month, shall be eligible for this simplified GST registration scheme under Rule 14A. The threshold limit for the output tax liability of Rs. 2.50 lacs per month includes CGST, SGST, IGST as well as compensation cess.

Rule 14A – Advisory

As per the latest advisory released on the GSTN portal on 01.11.2025, the following features must be kept in mind while opting for this simplified GST registration scheme –

  • Aadhar authentication is mandatory for the Primary Authorized Signatory and atleast one promoter/partner. However, Aadhar authentication will not be a required if the assessee falls under the category of exempt specified persons u/s 25(6D) of the CGST Act, 2017 covering PSUs, non-citizens of India, local authorities, etc.
  • A person opting for GST registration under Rule 14A in one state or union territory will not be allowed to apply for another GST registration under Rule 14A in any other state or union territory on the same PAN.
  • Once the ARN has been generated, the registration will be electronically granted within 3 working days subject to aadhar authentication.
  • There should be no pending amendment or cancellation application for registration availed under rule 14A.
  • There should be no initiated or pending proceedings under Section 29 (cancellation of registration) for registration availed under rule 14A.

How to apply for GST registration under Rule 14A?

In order to facilitate the simplified GST registration scheme under Rule 14A, the Form REG – 01 has been amended to include the following clause in the application form in Part B after Serial No. 4 –

“4.1 – Option for registration under rule 14A – Yes or No.”

“4.1.1 – Declaration by person opting for registration under rule 14A – I hereby declare that the aforesaid business shall abide by the conditions and restrictions specified in the Act or the rules for opting to register under rule14A”

Withdrawal from the simplified GST registration scheme

Any taxpayer intending to withdraw from this simplified GST registration scheme at a later stage must fulfill the following conditions –

  • The taxpayer must ensure that all returns due from the effective date of registration upto the date of filing the withdrawal application have been filed.
  • If the taxpayer wishes to withdraw from the scheme before 1st April, 2026, then returns for a period of minimum 3 months must be filed before application for withdrawal.
  • If the taxpayer wishes to withdraw from the scheme after 1st April, 2026, then returns for a period of minimum 1 tax period must be filed before application for withdrawal.

Upon verification of the withdrawal application under Form REG – 32, the proper officer may approve the withdrawal by issuing Form REG – 33 or reject the application by issuing Form REG – 05. Once the taxpayer has received the approved Form REG – 33 on the GSTN portal, he may file returns with output tax liability higher than Rs. 2.50 lacs per month from the first day of the succeeding month in which the said order has been issued.

This ensures that taxpayers cannot retroactively modify their output tax liability for periods prior to the withdrawal order in a way that would push it beyond the Rs. 2.50 lacs limit. It serves as a safeguard to prevent exploitation of the lower threshold provision.

Moreover, the concept of “deemed approval” under Rule 9(5), where an application is automatically accepted if no response is made by the officer within the prescribed time will not be valid in such situations. This provision ensures that cases involving serious grounds for cancellation are carefully reviewed, eliminating any possibility of using withdrawal as a way to avoid cancellation proceedings.

Rule 9A – ‘Grant of Registration Electronically’

As per the newly inserted Rule 9A, notwithstanding anything contained in Rule 9, any person who has applied for registration under Rule 8 (Normal Registration) or Rule 12 (Registration for TDS/TCS deductors) or Rule 17 (Non-Resident Taxable Persons/Casual Taxable Persons), shall, upon identification on the common portal based on data analysis and risk parameters, be granted registration electronically by the common portal, within 3 working days from the date of submission of application.

Therefore, this is an alternative to Rule 9 and is applicable for taxpayers applying for registration under Rule 8 (Normal Registration) or Rule 12 (Registration for TDS/TCS deductors) or Rule 17 (Non-Resident Taxable Persons/Casual Taxable Persons).

FAQs

Q1. What is the effective date for Rule 14A and Rule 9A?

A1. The effective date for the newly inserted Rule 14A and Rule 9A is 01.11.2025.

Q2. How to amend Form REG – 32 (Application for Withdrawal from Scheme) ?

A2. Once FORM GST REG-32 is filed, no amendment application will be allowed to be filed till the disposal of application under FORM GST REG-32.

About the Author This article is written by FCA Eshita Krishna , an experienced Chartered Accountant with advanced ICAI certifications in DISA, Anti-Money Laundering, Real Estate Laws, and Forex & Treasury Management. With strong expertise in direct and indirect tax, audit, risk advisory, financial planning, and financial management, she delivers accurate, experience-backed financial insights to readers.

Categories
GST Latest News

Latest Advisory on GST Registration Process – Simplified Rule on 12th February, 2025

On 12th February, 2025, a latest advisory on the GST Registration Process has been released on the GST portal focusing on applicants not opting for Aadhar authentication in their GST registration process. In line with the latest updates to the GST registration process under Rule 8 of the CGST Rules, 2017, applicants must follow these guidelines:

GST registration process advisory

If Not Using Aadhaar Authentication for GST Registration Process:

  • You must visit a GST Suvidha Kendra (GSK) for photo and document verification.
  • After choosing “NO” for Aadhaar authentication, you’ll get an email with the GSK location and required documents.
  • Book an appointment using the link in the email.
  • Go to the GSK at the scheduled time for photo and document verification.

If Using Aadhaar Authentication and Biometric Verification is Needed for GST Registration Process:

  • Promoters/Partners and the Primary Authorized Signatory (PAS) must visit the GSK for photo and biometric verification.
  • If a Promoter/Partner or PAS has already done biometric verification in any State/UT before, they don’t need to do it again, but they still need to do document verification.
  • If the same person is both the Promoter/Partner and the PAS, they must visit the GSK for photo, biometric, and document verification. If they’ve done biometric verification before, only document verification is needed.

If ARN (Application Reference Number) is Not Generated:

  • For Aadhaar-authenticated applicants needing biometric verification: If you do not visit the GSK, fail biometric authentication, or do not complete document verification within 15 days of submitting Part B of REG-01, the ARN will not be generated. Make sure your Aadhaar details are correct to avoid issues.
  • For those not using Aadhaar authentication: If photo or document verification is not done within 15 days, the ARN will not be generated.

Follow these steps to complete your GST registration process smoothly.

Read the official notification here.

Categories
GST Latest News

53rd GST Council Meeting – FM Nirmala Sitharaman – Important decisions in the Goods and Services Tax

The GST Council met on 22nd June, 2024 which was the first GST Council meeting in the Modi 3.0 regime. The Finance Minister Nirmala Sitharaman in her press conference announced a series of assessee friendly decisions taken by the GST Council. The major decisions announced by the GST council are being elucidated as under:-

GST Council announced GST Amnesty Scheme

The first major decision taken by the GST Council is that they have announced an amnesty scheme for FY 2017-18, 2018-19 and 2019-20 wherein it has been clearly stated that if the assesse deposits the tax due as determined in the said notices by 31.03.2025 the interest and penalty on the same will be waived.

This is a much awaited decision of the GST council since in the inception of the GST regime there were issues pertaining to the GST infrastructure as well as lack of clarity in the actual implementation of the law and certain transitionary challenges which resulted in a barrage of notices getting confirmed wherein the quantum of interest and penalty had become more than the actual tax demand itself. This comes as a major relief for the tax payers and would substantially reduce the load on the appellate authorities.

Extension of time limit for taking ITC

The time limit for claiming ITC as per Section 16 (4) was due date of filing monthly return in Form GSTR 3B for September of the subsequent financial year (effectively 20th October) which was revised vide Finance Act to due date of filing GSTR 3B of for October of the subsequent financial year (effectively 30th November) vide Finance Act 2022. The Council has now retrospectively amended the section to state that that all invoices and debit notes in respect of which ITC has been claimed in GSTR 3B upto 30.11.2021 for FY 2017-18, 2018-19, 2019-20 and 2020-21 shall be permitted.

Extension of time limit for GSTR -4

The time limit for filing returns in Form GSTR 4 has been extended to 30th June from FY 2024-25.

Interest not applicable to the extent amount is available in E-cash ledger

The assesse shall not be liable to pay interest on the amount which was lying in the electronic cash ledger of the assesse. It would be prudent to wait for the final notification in this regard since there may be certain caveats that may be imposed like in the case on interest where the amount is lying in the electronic cash ledger is subject to fulfillment of conditions contained in Section 50 (1) and Rule 88B of the CGST Rules, 2017.

GST Council introduced Form GSTR 1A

The GST Council has approved Form GSTR 1A to add or amend any particulars filed in the GSTR 1 of the current tax period before the filing of GSTR 3B of the current tax period in order to ensure that any incorrect particular can be amended or any data omitted in GSTR 1 can be accommodated.

Biometric based aadhar authentication

The GST Council has recommended that after the successful implementation of bio metric based Aadhar Authentication in states like Gujarat the scheme shall be implemented throughout the country in a phased manner which will reduce the need for the conducting physical verifications by the filed formations. This will reduce the load on the field formations as well as facilitate ease of doing business in the country.

Monetary Limits for filing appeals by GST department

The GST council has also fixed monetary limits for filing appeal by the GST department the details of which are as under-

i. GSTAT- Rs 20 lakhs; ii. High Court- Rs 1 crore ; iii. Rs 2 crore for Supreme Court. This will curtail excessive litigation by the department.

Maximum amount of pre -deposit

The maximum amount of pre deposit for filing appeal before appellate authority reduced from Rs 25 crores to Rs 20 crores each for CGST and SGST. The pre deposit for filing an appeal before GSTAT reduced to 20% subject to a maximum of Rs 20 crores.

Time limit of 3 months for filing appeal before GSTAT

The time limit of 3 months for filing appeal before GSTAT shall commence from the date as shall be notified by the Government. This is being done since the GSTAT is not operational and only the President of the GSTAT Principal Bench has been appointed. This was essential since in the absence of this clarification several appeals were getting time barred for want of formation of GSTAT and several assesses were approaching High Courts to pass orders stating that there appeal be considered as filed within the statutory time limit as and when the GSTAT is formed and becomes operational. This clarification addresses the concerns of such assessees.

GST Fitment committee

  • The GST Fitment committee has recommended and the GST Council has accepted that a uniform rate of 12% shall be applicable on all milk cans irrespective of the nature of material used in the said cans.
  • Similarly all corrugated and non-corrugated carton boxes whether or not made of cardboard shall have a uniform GST rate of 12%, this was a long standing demand of apple growers.
  • The GST Council has also approved that the rate of Solar Cookers and all types of sprinklers including Fire Sprinklers shall attract a GST rate of 12%.

Services Provided by Indian Railways

The waiting rooms, battery operated vehicles provided by Indian Railways and the Intra Railways supplies shall be exempt from the rigour of GST which will lead to reduction in prices of these services being rendered by Indian Railways.

Hostel accommodation services

GST has been exempted on all hostels for the use of students or working professionals provided that the fee being charged is not more than Rs 20,000 per student per month. The person availing the facility shall continuously be using the said facility for a period of not less than 90 days for the exemption to be applicable.

Other Important Issues

  • The GST Council has referred the matter of reduction of rates to the GOM on rate rationalization in respect of fertilizers.
  • The FM Nirmala Sitharaman also said in response to a query during the press conference that they intend to bring in petrol and diesel under GST.
  • The competent authority for adjudicating matters of Anti Profiteering and Reports of DGAP shall be the GSTAT and not the CCI. This transition shall take place immediately after the GSTAT becomes functional.
  • Online gaming was not discussed in the GST Council meeting today.

Watch the press conference by the FM here.

Categories
GST Latest News

GST due date – May 2024 – Important Dates

As we enter May 2024, it is crucial to mark the GST due date for April 2024 returns to avoid penalties or interest due to late or non-filing. Recent notices of substantial demands being raised on major companies underscore the importance of compliance. To ensure timely filing and adherence to GST laws, it is imperative to take proactive steps and file the returns within the prescribed due date.

A summary for all the important GST due date information for the month of May, 2024 for your reference:-

gst due date may 2024

The returns to be furnished by you depend on a variety of factors but is primarily dependent on the nature of business and the registration opted by the taxpayer. Let us now understand the tax return compliances that have to be done based on the GST registration and scheme opted  by the taxpayers.

GSTR 7 and 8 – GST due date 10th May 2024

GSTR 7 return is filed by persons who are required to deduct tax at source (TDS) under GST. It includes details of TDS deducted, TDS liability, TDS paid, and other related information. GSTR-7 needs to be filed by taxpayers who are required to deduct TDS under GST, such as government agencies and certain categories of taxpayers.

GSTR 8 return is filed by e-commerce operators who are required to collect tax at source (TCS) under GST. It contains details of supplies made through the e-commerce platform, TCS collected, TCS liability, and other relevant information. E-commerce operators are mandated to file GSTR-8 for each tax period, regardless of whether any transactions have occurred during that period.

The GST filing dates for these returns for the month of April, 2024 is 10.05.2024.

Therefore, unless you are falling under the above specified categories, this due date of 10.05.2024, is not applicable for you.

GSTR 1 (Monthly) – 11th May 2024

GSTR-1 is a monthly return that needs to be filed by registered taxpayers under the Goods and Services Tax (GST) regime in India. It contains details of outward supplies made by the taxpayer during the reporting period. The GST due date for this return for the month of April, 2024 is 11.05.2024.

Most of the taxpayers are falling under this category and have to ensure timely and accurate filing of GSTR 1 every month.

GSTR 5 and 6 – 13th May 2024

GSTR-5 is filed by non-resident foreign taxpayers who engage in taxable activities in India and are registered under GST. GSTR-6 is filed by Input Service Distributors (ISDs) under GST. The GST due date for the month of April, 2024 is 13.05.2024.

Thus, only if you are registered as a Non-Resident foreign taxpayer or an ISD, this return will be applicable for your business.

GSTR 3B (Monthly) – 20th May 2024

GSTR-3B is a monthly self-declaration that summarizes the details of outward supplies, inward supplies, and the tax liability thereof. It is a simplified return that businesses registered under GST need to file. The GST due date for this return for the month of April, 2024 is 20.05.2024.

Similar to the GSTR 1 return, most of the taxpayers are falling under this category and have to ensure timely and accurate filing of GSTR 3B every month.

PMT – 06 – 25th May 2024

The PMT-06 return is used for making payment of tax and other amounts by taxpayers registered under the Goods and Services Tax (GST) regime. Taxpayers registered under the composition scheme use PMT-06 to pay their tax liabilities.

GSTR 11 – 28th May 2024

GSTR-11 is a return that needs to be filed by taxpayers who have been issued a Unique Identity Number (UIN). UINs are issued to foreign diplomatic missions and international organizations operating in India, to grant them relief from taxes on their purchases. The GST due date for this return for month of April, 2024 is 28.05.2024.

You can download the calendar for April, 2024 by clicking here.

GSTN has also decided to launch an enhanced portal on 03.05.2024. Stay tuned for more.

Categories
GST Latest News

GST filing dates – April 2024 – 10 Important dates

We are in April 2024. Ensuring compliance with GST filing dates regulations is crucial as we step into the new financial year, FY 2024-25 to remain vigilant and proactive. With the ever-changing landscape of tax laws and regulations, staying on top of GST return compliances is paramount to avoiding unnecessary interest charges and potential issues stemming from non-compliance or late submission. By keeping a close tab on GST filing dates and requirements, businesses can not only streamline their tax processes but also mitigate the risk of facing penalties or legal repercussions. Timely and accurate filing of GST returns not only demonstrates good governance but also fosters trust and credibility with regulatory authorities.

A summary for all the important GST filing dates information for the month of April, 2024 for your reference:-

GST filing dates April 2024

The question that arises here is that are we supposed to stay alert on all the above GST filing dates and furnish returns on 10 out of the 30 days of April 2024? The answer to this depends on a variety of factors but is primarily dependent on the nature of business and the registration opted by the taxpayer. Let us now understand the tax return compliances that have to be done based on the GST registration and scheme opted  by the taxpayers.

GSTR 7 and 8 – GST Filing Dates – 10th April 2024

GSTR 7 return is filed by persons who are required to deduct tax at source (TDS) under GST. It includes details of TDS deducted, TDS liability, TDS paid, and other related information. GSTR-7 needs to be filed by taxpayers who are required to deduct TDS under GST, such as government agencies and certain categories of taxpayers.

GSTR 8 return is filed by e-commerce operators who are required to collect tax at source (TCS) under GST. It contains details of supplies made through the e-commerce platform, TCS collected, TCS liability, and other relevant information. E-commerce operators are mandated to file GSTR-8 for each tax period, regardless of whether any transactions have occurred during that period.

The GST filing dates for these returns for the month of March, 2024 is 10.04.2024.

Therefore, unless you are falling under the above specified categories, the GST filing date of 10th April, 2024, is not applicable for you.

GSTR 1 (Monthly) – 11th April 2024

GSTR-1 is a monthly return that needs to be filed by registered taxpayers under the Goods and Services Tax (GST) regime in India. It contains details of outward supplies made by the taxpayer during the reporting period. The GST filing date for this return for the month of March, 2024 is 11.04.2024.

Most of the taxpayers are falling under this category and have to ensure timely and accurate filing of GSTR 1 every month.

GSTR 1 for QRMP – 13th April 2024

Taxpayers under the Quarterly Return Monthly Payment (QRMP) scheme are required to file GSTR-1 on a quarterly basis, instead of monthly. This reduces the frequency of return filing obligations for eligible taxpayers. The GST due date for this return for the quarter January to March, 2024 is 13.04.2024.

GSTR 5 and 6 – GST Filing Dates – 13th April 2024

GSTR-5 is filed by non-resident foreign taxpayers who engage in taxable activities in India and are registered under GST. GSTR-6 is filed by Input Service Distributors (ISDs) under GST. The GST filing dates for these returns for the month of March, 2024 is 13.04.2024.

Thus, only if you are registered as a Non-Resident foreign taxpayer or an ISD, this return will be applicable for your business.

CMP – 08 – 18th April 2024

CMP-08 is a quarterly return that composition dealers need to file. Composition dealers are those businesses that have opted for the Composition Scheme under GST. This scheme is designed for small businesses to simplify their compliance burden. The GST due date for this return for the quarter January to March, 2024 is 18.04.2024.

GSTR 3B (Monthly) – 20th April 2024

GSTR-3B is a monthly self-declaration that summarizes the details of outward supplies, inward supplies, and the tax liability thereof. It’s a simplified return that businesses registered under GST need to file. The GST due date for this return for the month of March, 2024 is 20.04.2024.

Similar to the GSTR 1 return, most of the taxpayers are falling under this category and have to ensure timely and accurate filing of GSTR 3B every month.

GSTR 3B (Category 1) and GSTR 3B (Category 2)

The standard due date for filing GSTR-3B for a specific month in India is the 20th of the following month. For example, if a business needs to file GSTR-3B for March, 2024, the deadline would be 20th April 2024. However, if the taxpayer is filing under the Quarterly Return Filing and Monthly Payment of Taxes (QRMP) scheme, the due date shifts to the 22nd or 24th day of the month following the quarter’s end. The specific date, either 22nd or 24th, depends on the regulations of the state.

ITC – 04 and ITC – 05 – 25th April 2024

Both ITC-04 and ITC-05 are related to input tax credit under GST, ITC-04 is specifically for goods sent for job work, whereas ITC-05 is for the distribution of input tax credit by an Input Service Distributor. The GST filing dates for both ITC-04 and ITC-05 is 25.04.2024.

GSTR 11 – 28th April 2024

GSTR-11 is a return that needs to be filed by taxpayers who have been issued a Unique Identity Number (UIN). UINs are issued to foreign diplomatic missions and international organizations operating in India, to grant them relief from taxes on their purchases. The GST due date for this return for month of March, 2024 is 28.04.2024.

GSTR 4 for FY 2023-24 – 30th April 2024

GSTR-4 is the annual GST return specifically designed for composition dealers. While regular taxpayers typically file two monthly returns along with an annual return (with certain exemptions), dealers under the composition scheme have a different reporting schedule. The GST due date for this return for FY 2023-24 is 30.04.2024.

Therefore, if you are a composition dealer then this is an important due date for your GST calendar.

You can download the calendar by clicking here.

Categories
GST Latest News

Tax on Royalty – Mining Royalties – MMDRA – 5 Important Factors

The burning topic of tax on royalty related to the mining royalties under the Mines and Minerals (Development and Regulation) Act, 1957 i.e. MMDRA is being debated in a 9 judge bench headed by the Chief Justice DY Chandrachud of the Supreme Court of India. Constitutional benches that comprise of five, seven or nine judges have often resolved issues regarding long-debated substantial questions of law related to the interpretation of the Constitution. The issue at hand is primarily a two-fold question that is royalty a tax and whether a state can levy tax on royalty. Let us now understand the issue, need for a 9 judge bench and the arguments from both sides.

tax on royalty, mining royalties, mmdra

Mining Royalties – MMDRA

The mining royalties have been specified as the amount by the holder of the mining lease granted before, on or after the commencement of the MMDRA shall pay royalty in respect of any mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee from the leased area after such commencement, at the rate for the time being specified in the Second Schedule in respect of that mineral. This was acknowledged by both sides as to be paid under law and was paid by the holders as required.

Case Study – India Cements Ltd.

India Cements Ltd. was granted a mining lease by the Tamil Nadu government and the company was paying the mining royalties as defined under the MMDRA. However, later on the state government imposed a cess on the royalty which was argued by the company that the cess was in the nature of a tax on royalty for which the Tamil Nadu legislature did not have the power to impose under the subjects of the State List as per the Constitution.

The Tamil Nadu government contended that the levy pertained to land revenue and mineral rights, falling within the ambit of Entries 23, 45, and 50 of the State List (List II), thereby falling under the jurisdiction of the states for taxation. However, a precedent set by a  7 judge bench in 1989, favouring India Cement, established that the primary authority over regulation of mines and mineral development lies with the Centre under Entry 54 of the Union List (List I), as governed by laws like the MMDRA. The ruling clarified that states are empowered solely to collect mining royalties under the MMDRA, without the authority to impose additional tax on royalty.

The court elaborated by stating that royalty constitutes a form of taxation, thus implying that any cess imposed on royalty exceeds the legislative competence of the State Legislature, given that Section 9 of the Central Act comprehensively governs this domain.

Case Study – Kesoram Industries Ltd.

In 2004, in the case between Kesoram Industries Ltd. And the State of West Bengal, regarding cess on land and mining royalties, a 5 judge constitution bench held that there was a typographical error in the 1989 verdict and the phrase ‘royalty is a tax’ should be read as ‘cess on royalty is a tax’ and thus the verdict essentially meant that royalty is not a tax.

Now since the India Cements verdict in 1989 was made by a 7 judge bench, and over the years more than 86 petitions on this issue have been filed filed by different state governments, mining companies and public sector undertakings. The issue at hand of whether royalty is a tax and whether a state can levy tax on royalty was directed to a 9 judge bench headed by Chief Justice DY Chandrachud in the Supreme Court.

Mining Royalties – Tax on Royalty – Arguments by Mineral Area Development Authority

The contention of Mineral Area Development Authority is that mining royalties cannot be considered as a tax since taxes can only be imposed by the government whereas can be paid to a private person as well.

Moreover, it is argues that states have the power to levy taxes on mines and mineral development on the basis of Entries 49 and 50 of the State List. Entry 49 comprises taxes on lands and buildings and Entry 50 comprises of taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development. Therefore, the phrase “limitations imposed by Parliament” within Entry 50 does not explicitly grant the Centre full authority to suppress the states’ power to impose taxes on mineral development. Similarly, Entry 54 of the Union List also does not explicitly confer such extensive powers to the Centre.

Mining Royalties – Tax on Royalty – Arguments by Easterzone Mining Association

The Easterzone mining association underscored the significance of recognizing royalties under the MMDRA as analogous to taxes. There is a necessity for Parliament to have the prerogative to establish boundaries on the taxation capabilities of states. The rationale behind this position was pointed out emphasizing the inherent disparities in mineral resources distribution across states. By acknowledging these discrepancies, it becomes imperative to empower Parliament to enact measures that ensure a fair and equitable distribution of revenue derived from mineral development activities.

In essence, it was contended that viewing royalties as a form of taxation necessitates a regulatory framework that strikes a balance between state autonomy and the overarching national interest in mineral resource management.

Latest Update

On Thursday, 14th March, 2024, the Supreme Court deliberated and withheld its verdict on the highly contentious matter concerning the classification of royalties on minerals. The central question at hand is whether such royalties constitute a form of taxation, thereby determining whether only the central government possesses the jurisdiction to impose such charges, or if states retain the authority to levy similar exactions on mineral-rich land within their respective territories.

The latest updates on the revamped e-invoicing portal are available here.

Categories
GST Latest News

E Invoice Portal – Enhanced – Latest Advisory – 2024

GSTN has launched a revamped and improved e invoice portal with better features, real time counts of IRN generated, a more organized FAQs section and an updated website policy amongst other improvements. The E invoice portal can be accessed through https://einvoice.gst.gov.in and all the new features have been made live on the portal. GSTN has issued an advisory for this enhanced e invoice portal on 21.02.2024. As per the data released by GSTN more than 1.6 crore e invoices have been through the new IRPs (Invoice Registration Portal). An overview of the latest advisory on the e invoice portal on 21.02.2024 is detailed as under:-

E-invoice enablement status through PAN based search

Any registered or unregistered person can view the e-invoice enablement status of any entity through a quick and simple PAN based search on the e invoice portal.

Steps for checking the E-invoice enablement status through PAN based search –

Go to Home Page >> Quick Actions >> Check Enablement Status >> Enter GSTIN or PAN of the entity >> View/Download results in excel.

e invoice portal pan search
e invoice portal pan based list

As discussed above, the list can also be downloaded in Excel format by clicking on the ‘Download as Excel’ option and saved for future reference.

Access to view updated E-invoice exemption list

The entities that have the benefit of exemption from e-invoicing have to submit a declaration for such exemption. The e invoice portal generates an updated e-invoice exemption list for all the registered persons that have filed the exemptions at the start of the month. For ease of the users, this list can be downloaded in Excel format.

Steps to view updated E-invoice exemption list

Go to Services >> List of GSTINs who filed e-invoice exemption declaration >> Download as Excel.

e invoice portal services
e invoice portal list
e invoice portal exemption list

Comprehensive Global Search Bar

For quick and ready reference to all information across the e invoice portal, a comprehensive global search bar has been added that will aid in better user experience.

Enhanced local search capabilities

This new feature added in the e invoice portal will assist the users for searches made by the users in giving results within the resources, advisories, FAQs and manuals based on the keyword being searched by the user. For example, if the user wishes to search for all the resources on the word “invoice” for his queries, he will find the following results.

e invoice portal local search bar

Revamped advisory and FAQ section

GSTN issues multiple advisory notifications every month and the since the e invoice portal is a relatively new portal, the FAQ section of the portal is used by the users very often to obtain clarity on their issues. The GSTN has now launched a more organized advisory and FAQ section arranged year-wise and month-wise for the ease of the users.

IRN Daily Count updated

On generation of every e-invoice on the e invoice portal, an Invoice Reference Number (IRN) is generated automatically. To ensure visibility and promote compliance with the e invoicing rules, the e invoice portal will now reflect on its homepage the daily IRN statistics.

e invoice portal IRN

Mobile App

A separate section has been introduced for the information, help and support for the e invoice QR code verifier app on the e invoice portal. It is available for all iOS and Android users who can download the app by visiting the App Store, Google Play Store or can scan the QR code and download the app instantly on their mobiles.

e invoice portal mobile app

Adherence to GIGW guidelines

Adherence to GIGW (Guidelines for Indian Government Websites) is crucial for ensuring that digital platforms are accessible to everyone, regardless of their abilities. The e invoice portal has now incorporated features such as contrast adjustment, text resizing buttons, and screen reader support for enhanced accessibility.

Updated website policy

There have been significant updates to the website policies, particularly focusing on archival, content management, moderation, and the roles of web information managers. Thorough updates like these are important for ensuring compliance, clarity, and effective management of online content.

Significant advancements in the E invoice portal

The improvements made to the GSTN E-Invoicing System have brought about several significant advancements:

  1. Expansion of IRP Portals: The GSTN has collaborated with various partners to expand its network to encompass a total of six IRP portals. These portals now work seamlessly alongside the centralized de-duplication system.
  2. Enhanced Accessibility for E-Invoice Reporting: Eligible taxpayers can now report e-invoices conveniently through any of the six IRP portals. This reporting process is accessible via online platforms, APIs, or a user-friendly mobile application, all provided at no cost, ensuring ease of use for taxpayers across the nation.
  3. Implementation of Hourly Auto-population: Through collaboration with NIC-IRP, the GSTN has introduced hourly auto-population of e-invoices in GSTR-1, as reported on the NIC-IRP 1&2 portal. This automation feature enhances efficiency and accuracy by updating data in real-time.
  4. Extended E-Invoice Download Capability: Both buyers and sellers now have access to download e-invoices for the past six months through e-invoice portals and Government-to-Business (G2B) APIs. This extended capability facilitates easy access to historical invoice data for various purposes.
  5. Introduction of E-Invoice QR Code Verifier App: To enhance security and transparency, the GSTN has launched an E-Invoice QR Code Verifier App for seamless verification of e-invoices. Additionally, a search IRN functionality has been implemented for online verification of Invoice Reference Numbers (IRNs).

To know more about the advisory issued by GSTN on ITC click here.

Categories
GST Latest News

GST Amnesty Scheme 2023 – Latest Benefit for taxpayers

The Central Board of Indirect Taxes and Customs (CBIC) has introduced the GST Amnesty Scheme 2023 through Notification No. 53/2023 – Central Tax dated 2nd November 2023. This scheme is designed for taxpayers who wish to appeal against demand orders issued u/s 73 or 74 under GST laws. The deadline for filing appeals is set until 31st January 2024.

“The Ministry of Finance announced a Special Amnesty Scheme to condone delays in filing GST appeals. This opportunity, available until January 31, 2024, is particularly beneficial for taxpayers who may have missed the initial appeal deadline,” stated the Ministry of Finance on social media on December 17, 2023.

Who can apply under the GST Amnesty Scheme 2023?

The notification explicitly outlines the eligibility criteria for taxpayers seeking relief under the GST Amnesty Scheme. Those eligible include individuals who failed to file an appeal within the stipulated time frame as mentioned under section 107 against a demand order u/s 73 or 74 issued by the proper officer on or before March 31, 2023. Additionally, individuals whose appeals were rejected solely based on the grounds that the appeal was not filed within the specified time period as mentioned under section 107 are also covered by this scheme.

What about GST orders issued for rejection of refund or cancellation of GST?

Taxpayers are advised to meticulously review their GST demand orders, as only those issued on or before March 31, 2023, under Section 73 or 74 qualify for inclusion in the GST Amnesty Scheme 2023. It is important to note that appeals under this scheme are not applicable to GST orders issued under other sections, such as refund rejection, cancellation of GST registration, etc.

Procedure to avail the benefit of the GST Amnesty Scheme 2023

The concerned individual is required to submit an appeal against the mentioned order using FORM GST APL-01, as per section 107(1) of the Act, on or before the 31st day of January 2024. It is important to note that if an appeal against the order was filed in accordance with the provisions of Section 107 of the Act and was pending before the Appellate Authority before the issuance of this notification, it will be deemed to have been filed in accordance with this notification.

However, no appeal can be filed under this notification unless the appellant has paid:

  • the full amount of tax, interest, fine, fee, and penalty admitted by them arising from the impugned order, and
  • a sum equivalent to 12.5% of the remaining amount of tax in dispute arising from the said order, with a maximum cap of Rs. 25 crores for the appeal filed. Notably, at least 20% of this amount should have been paid by debiting from the Electronic Cash Ledger.

Benefit of GST Amnesty Scheme 2023 to the taxpayers

The Department of GST has undertaken this initiative to provide relief to taxpayers by enabling appeals, thereby alleviating the substantial burden of numerous appeal applications being filed or anticipated at the Appellate Tribunal. This procedure is designed to expedite the resolution of a majority of appeals at the First Appeal Authority, leading to significant time savings for the Tribunal.

Taxpayers stand to benefit greatly from this scheme by adhering to the prescribed timeframe for filing appeals. It is noteworthy that once an appeal is duly filed, recovery actions from the Department of GST will be temporarily stayed. Additionally, this presents a valuable opportunity for taxpayers who, due to various reasons, were unable to present their case before the Proper Officer and received an ex-parte order. Now, they can file an appeal, present their details, and seek some relief.

Categories
GST Latest News

GST Update – Latest Advisory for Goods Transport Agency 2024 – Simplified

The Goods and Services Tax Network (GSTN) has released a fresh advisory for the goods transport agency taxpayers (GTAs) regarding latest functionalities added to the online GST portal for submission of the declaration of the option available with the goods transport agency to opt for either forward charge mechanism or reverse charge mechanism in respect of the services provided by the GTAs from the next financial year i.e. F.Y. 2024-25.

Goods Transport Agency – Meaning

Under GST, goods transport agency means any person engaged in supplying services in relation to transportation of goods by road and also issues a consignment note, by whatever name called. Thus, it can be seen that issuance of a consignment note is the sine-qua-non for a supplier of service to be considered as a Goods Transport Agency. If such a consignment note is not issued by the transporter, the service provider will not come within the ambit of goods transport agency. If a consignment note is issued, it indicates that the lien on the goods has been transferred (to the transporter) and the transporter becomes responsible for the goods till its safe delivery to the consignee.           

Goods Transport Agency v/s Trucks, other operators

Only those GTAs that assume agency functions and issue consignment notes are brought into the GST net. This implies that individual truck or tempo operators who do not issue consignment notes may not be covered within the definition of GTA. The services provided by such individual transporters who do not issue a consignment note will be covered by the entry at S.no.18 of Notification No. 12/2017-Central Tax (Rate), which is exempt from GST.

GST on Goods Transport Agency – Forward Charge Mechanism or Reverse Charge Mechanism

Goods transport agency under GST has been given the option to pay GST either on forward charge basis. However, in a case where the GTA does not opt for the forward charge mechanism, the liability to pay tax on reverse charge basis (RCM) falls on the recipient of services.

Goods Transport Agency

Advisory to Goods Transport Agency issued on 01.01.2024

The GSTN has issued a latest advisory for the goods transport agency regarding the functionalities available on the portal for submission of the declaration of the option available with the goods transport agency to opt for either forward charge mechanism or reverse charge mechanism in respect of the services provided by the GTAs from the next financial year i.e. F.Y. 2024-25. Online filing of these forms is available from 01.01.2024 to 31.03.2024.

Filing of online declaration for existing GTAs

As per the Notification No. 06/2023-Central Tax (Rate), dated 26.07.2023, the goods transport agency can opt for forward charge mechanism by filing Annexure V or can revert to reverse charge mechanism by filing Annexure VI.

Steps for Annexure V Form: Login>> Services>>User Services>>GTA>>Opting Forward Charge payment by GTA (Annexure V).

Steps for Annexure VI Form: Login>>Services>>User Services>>GTA>>Opting to Revert under Reverse Charge Payment by GTA (Annexure VI).

Filing of online declaration for newly registered GTAs

As per the Notification No. 5/2023-Central Tax (Rate), dated 09.05.2023, the option to pay GST on Forward Charge mechanism on the services supplied the Newly registered taxpayers can now be able to file their declaration within the specified due date for the current Financial Year i.e. 2023-2024 and onwards.

The due date for filing declarations is now being configured by the system. The due date is calculated either before the expiry of 45 days from the date of applying for GST registration or 1 month from the date of obtaining registration, whichever is later. The due date information will be displayed on the dashboard of newly registered taxpayers. This ensures that they are aware of the timeframe within which they need to file their declarations. Goods Transport Agency (GTA) taxpayers who are newly registered can file their online declaration on the GST portal for the current Financial Year within the specified due date.

Steps: Login>>Services>>User Services>>GTA>>Opting Forward Charge Payment by GTA (Annexure V).

Option to upload manually filled Annexure V by goods transport agency

In cases where the existing or the newly registered goods transport agency taxpayers have already submitted their declaration to the jurisdictional authority manually, taxpayers are required to upload a duly acknowledged legible copy of the Annexure V Form on the portal. The copy should reflect correct particulars as mentioned in the physical Annexure V submitted. It should also include the correct date of acknowledgement from the jurisdictional office where the physical Annexure V was filed.

Steps: Login>>Services>>User Services>>GTA>> Upload Manually Filed Annexure V.

Deemed declaration of goods transport agency for subsequent years

If a GTA exercises the option to pay GST on the services it supplies during a specific Financial Year, the provision states that this option will be deemed to have been exercised for the next and future financial years by default. In essence, the provision simplifies the process by deeming the option exercised for the next and future financial years unless the GTA actively chooses to revert to the reverse charge mechanism by filing a declaration in Annexure VI.

GTAs were required to file a declaration on the portal for the period from 27.07.2023 till 22-08-2023 for the FY 2024-25. This declaration pertains to their choice of paying GST on the forward charge mechanism. Importantly, the statement informs these taxpayers that they need not file a declaration in Annexure V Form for subsequent Financial Years if they wish to continue with their option to pay GST on the forward charge mechanism.

Categories
GST Latest News

GST Latest News – Understanding the Important ITC Notifications – Nov, 2023

As per the GST Latest News, during the month of November, 2023, emphasis has been laid on the ITC provisions that will be impacting the suppliers and recipients irrespective of the size, nature and constitution of their registered business. Thus, it is pertinent for all such taxpayers to keep a tab on the GST Latest News to avoid any lapses on account of misinformation or lack of information.

GST Latest News - ITC Nov 2023

1. GST Latest News regarding – ITC Reversal on account of Rule 37A dated 14.11.2023

(i) Brief understanding of Rule 37A

Rule 37A states that where ITC has been availed by the recipient however, the tax has not been paid by the supplier on or before 30th September following the end of such financial year, the ITC will be reversed in the hands of the recipient on or before 30th November of the following financial year.

If the recipient fails to reverse the ITC in his GSTR-3B before 30th November of the next financial year, then such amount shall become payable by the recipient along with interest u/s 50. When the said supplier subsequently furnishes the return in FORM GSTR-3B for the said tax period, the said registered person may re-avail the amount of such credit in the return in FORM GSTR-3B for a tax period thereafter.

(ii) Change via Notification regarding ITC Reversal on account of Rule 37A dated 14.11.2023

To facilitate the taxpayers, such amount of ITC required to be reversed on account of Rule 37A of CGST Rules for the financial year 2022-23 has been computed from system and has been communicated to the concerned recipient. The email communication to this effect has been sent on the registered email id of the taxpayer.

The taxpayers are advised to take note of it and to ensure that such ITC, if availed by them, is reversed as per rule 37A of CGST Rules before 30th of November, 2023 in Table 4(B)(2) of GSTR-3B while filing the concerned GSTR-3B.

(iii) Conclusion

Thus, there is no amendment in Rule 37A. Therefore, this GST latest news does not pertain to any insertion or deletion in the law. Merely the system generated data will be made available to the taxpayers on the basis of which the ITC will have to be reversed by them.

2. GST Latest News – Advisory for online compliance pertaining to ITC mismatch – GST DRC – 01C

(i) ITC mismatch in ITC available in GSTR – 2B and the ITC being claimed in GSTR – 3B

It has been observed that the ITC being claimed in the GSTR – 3B by the taxpayers is sometimes in excess of the ITC available for claim in GSTR – 2B. This is causing incorrect amount being declared as tax payable.

(ii) Latest functionality by the GSTN – Form DRC – 01C

To resolve this issue, as per the GST latest news, GSTN has developed a functionality to generate automated intimation in Form GST DRC-01C which enables the taxpayer to explain the difference in Input tax credit available in GSTR-2B statement & ITC claimed in GSTR-3B return online as directed by the GST Council. This feature is now live on the GST portal.

(iii) How does this functionality work?

This functionality compares the ITC declared in Form GSTR – 3B and the ITC available in Form GSTR – 2B. If the claimed ITC in GSTR 3B exceeds the available ITC in GSTR-2B by a predefined limit or the percentage difference exceeds the configurable threshold, taxpayer will receive an intimation in the form of DRC-01C.

Upon receiving the intimation, the taxpayer must file a response using Form DRC-01C Part B. The taxpayer has the option to either provide details of the payment made to settle the difference using Form DRC-03, or provide an explanation for the difference, or even choose a combination of both options.

(iv) Consequences of non-compliance

In case, no response is filed by the impacted taxpayers in Form DRC-01C Part B, such taxpayers will not be able to file their subsequent period GSTR-1/IFF.