Goods And Services Tax(GST) - 35th GST Council Meeting Friday June 21,2019

Key recommendations made at the meeting

1. It has been decided to have a common State Bench for the States of Sikkim, Nagaland, Manipur and Arunachal Pradesh

2. Decision related to extension of various near approaching due dates:

i. GSTR-9 / GSTR-9A & GSTR-9C, for F.Y. 2017-18– extended till 31st August 2019

ii. Form GST ITC-04 for period July 2017 to June 2019- extended till 31st August 2019

iii. CMP-02: Form for composition scheme by Service providers- extended till 31st July 2019

 3. The Council also decided to introduce electronic invoicing system in a phase-wise manner for B2B transactions. E-invoicing is a rapidly expanding technology which would help taxpayers in backward integration and automation of tax relevant processes. It would also help tax authorities in combating the menace of tax evasion.The Phase 1 is proposed to be voluntary and it shall be rolled out from Jan 2020.

4. E-way bill related:

Rule 138E of the CGST rules, pertaining to blocking of e-way bills on non-filing of returns for two consecutive tax periods, to be brought into effect from 21st August 2019, instead of the earlier notified date of 21st June 2019. 

5. Regarding New Return system

a. Trial Basis: Form GST ANX-I and Form GST ANX-2 will be available on trial basis to taxpayers between July 2019 to September 2019.

b. Small taxpayers (those having turnover of upto Rs. 5 Crores in previous financial year)

i. Form GST ANX-1: to be filed quarterly for period October 2019 to December 2019 in January 2019.

ii. Form GST RET-01: quarterly for period October 2019 to December 2019 in January 2019.

iii. Form GST PMT-08: from October 2019

iv. Form GSTR-3B: not to be filed from October 2019

c. Large taxpayers (those having turnover of more than Rs. 5 Crores in previous financial year)

i. Form GST ANX-1: Compulsory filing from October 2019

ii. Form GSTR-3B: To be filed for October 2019 & November 2019

iii. Form GST RET-01: To be filed from December 2019

d. Note:

i. Invoices etc. can be uploaded in FORM GST ANX-1 on a continuous basis both by large and small taxpayers from October 2019 onwards. FORM GST ANX-2 may be viewed simultaneously during this period but no action shall be allowed on such FORM GST ANX-2

ii. From January, 2020 onwards, FORM GSTR-3B to be completely phased out

6. Other decisions:

1. 1. Tenure of National Anti-Profiteering Authority (NAA) has been extended by 2 years
   2. Aadhaar based GST registration to be introduced

Note: These are just the recommendation of GST Council, however the same shall came into effect only on issuance of relevant notifications in regards of the same

GST Council decision relating to changes in law and procedure 

In order to give ample opportunity to taxpayers as well as the system to adapt, the new return system to be introduced in a phased manner, as described below:

1. Between July, 2019 to September, 2019, the new return system (FORM GST ANX-1&FORM GST ANX-2 only) to be available for trial for taxpayers. Taxpayers to continue to file FORM GSTR-1&FORM GSTR-3B as at present;

2. From October, 2019 onwards, FORM GST ANX-1 to be made compulsory. Large taxpayers (having aggregate turnover of more than Rs. 5 crores in previous year) to file FORM GST ANX-1 on monthly basis whereas small taxpayers to file first FORM GST ANX-1 for the quarter October, 2019 to December, 2019 in January, 2020;

3. For October and November, 2019, large taxpayers to continue to file FORM GSTR-3B on monthly basis and will file first FORM GST RET-01 for December, 2019 in January, 2020. It may be noted that invoices etc. can be uploaded in FORM GST ANX-1 on a continuous basis both by large and small taxpayers from October, 2019 onwards. FORM GST ANX-2 may be viewed simultaneously during this period but no action shall be allowed on such FORM GST ANX-2;

4. From October, 2019, small taxpayers to stop filing FORM GSTR-3B and to start filing FORM GST PMT-08. They will file their first FORM GST-RET-01 for the quarter October, 2019 to December, 2019 in January, 2020;

5. From January, 2020 onwards, FORM GSTR-3B to be completely phased out

On account of difficulties being faced by taxpayers in furnishing the annual returns in FORM GSTR-9, FORM GSTR-9A and reconciliation statement in FORM GSTR-9C, the due date for furnishing these returns/reconciliation statements to be extended till 31.08.2019

To provide sufficient time to the trade and industry to furnish the declaration in FORM GST ITC-04, relating to job work, the due date for furnishing the said form for the period July, 2017 to June, 2019 to be extended till 31.08.2019

Certain amendments to be carried out in the GST laws to implement the decisions of the GST Council taken in earlier meeting

Rule 138E of the CGST rules, pertaining to blocking of e-way bills on non-filing of returns for two consecutive tax periods, to be brought into effect from 21.08.2019, instead of the earlier notified date of 21.06.2019

Last date for filing of intimation, in FORM GST CMP-02, for availing the option of payment of tax under notification No. 2/2019-Central Tax (Rate) dated 07.03.2019, to be extended from 30.04.2019 to 31.07.2019

GST Council decisions on rate changes on supply of good and services 

The Council has recommended following GST rate related changes on supply of goods and services.

Electric Vehicles

On issues relating to GST concessions on electric vehicle, charger and hiring of electric vehicle, the Council recommended that the issue be examined in detail by the Fitment Committee and brought before the Council in the next meeting.

Solar Power Generating Systems and Wind Turbines

In terms of order of the Hon’ble High Court of Delhi, GST Council directed that the issue related to valuation of goods and services in a solar power generating system and wind turbine be placed before next Fitment Committee. The recommendations of the Fitment Committee would be placed before the next GST Council meeting.

Lottery

Group of Ministers (GoM) on Lottery submitted report to the Council. After deliberations on the various issues on rate of lottery, the Council recommended that certain issues relating to taxation (rates and destination principle) would require legal opinion of Learned Attorney General.