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6 November 2020

RECENT AMENDMENTS UNDER GST REGIME

The Central Government recently vide its various notifications dated 15 October 2020 has brought many amendments in GST structure, some of which are discussed in this series for ease of reference.

Last date of furnishing GSTR for October 2020 - March 2021

GSTR Class of Taxpayers Period Last Date of furnishing return Notification No.
GSTR -1 Aggregate Turnover < Rs. 1.5 Crores Quarterly-
October, 2020 to December, 2020
13 January, 2021 74/2020 - CT dated 15 October 2020
Quarterly
January 2021 to March 2021
13 April, 2021
Aggregate Turnover > Rs. 1.5 Crores Monthly -
October 2020 - March 2021
11th day of succeeding month 75/2020 - CT dated 15 October 2020
GSTR -3B All taxpayers October 2020 - March 2021 20th day of succeeding month 76/2020 - CT dated 15 October 2020
Aggregate Turnover < Rs. 5 Crores & principal place of business is in specified state* October 2020 - March 2021 22nd day of succeeding month
Aggregate Turnover < Rs. 5 Crores & principal place of business is in specified state** October 2020 - March 2021 24th day of succeeding month
GSTR -9 Aggregate Turnover < Rs. 2 Crores 2019-20 Filing of Annual Return made Optional 77/2020 - CT dated 15 October 2020
State* - Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep
State** - Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi

Reporting of HSN Code in Invoices applicable w.e.f. 1st day of April 2021 -

SI. No. Aggregate Turnover in the Preceding Financial Year Number of Digits of HSN Notification No.
1 Up to Rs. 5 Crores 4 (In case of registered person) 78/2020 - CT dated 15 October 2020
N. A (In case of unregistered person)
2 Turnover above Rs. 5 Crores 6

CGST (12th Amendment) Rules, 2020 brought many changes, inter-alia, -

SI. No. Rule amended Amendment
1 Amendment in Proviso to Rule 80(3) - Annual Return (GSTR-9C) Mandatory requirement of getting Annual Audit for F.Y. 2019-20 waived off where aggregate turnover does not exceed Rs. 5 crores.
2 Retrospective amendment under Rule 138E - Eway Bill
(w.e.f. 20 March 2020)
Restriction on furnishing of information in Part A of FORM EWB-01 imposed under Rule 138E shall not apply during the period 20 March 2020 to 15 October 2020 in case where FORM GSTR-3B, FORM GSTR-1 or FORM GST CMP-08, as the case may be, has not been filed for the period February, 2020 to August, 2020.
3 Amendment in Rule 142(1A) - FORM GST DRC-01A made discretionary Under Rule 142(1A) and (2A), there was a requirement that proper officer before service of SCN under Section 73/74 'shall' issue details thereof (tax, interest and penalty) to taxpayer in Part - A of Form DRC-01A and where such taxpayer had already made any payment or wish to file any submissions against proposed liability, he may file so in Part - B of Form DRC-01A.
However, this mandatory requirement for proper officer to issue details in Part - A of Form DRC-01A has been made discretionary w.e.f. 15 October 2020 by substituting the words 'shall' with 'may'.