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CA Dhananjay Ojha, Author at Dhantax Skip to main content Skip to search

Posts by CA Dhananjay Ojha

All important changes related to QRMP Scheme, E-invoicing, ITC availment, e-way bill in GST w.e.f. January 1, 2021

DhanTax is  highlighting of all important changes related to QRMP Scheme, E-invoicing, ITC availment, e-way bill, etc. under Central Goods and Services Tax Act, 2017 (“CGST Act”) and Central Goods and Services Tax Rules, 2017 (“CGST Rules”), effective from January 1, 2021, as below: 

Notification No. Topic/Section/ Rules of CGST Act/ Rules Change effective from January 01,2021
E-invoicing made mandatory if aggregate turnover exceeds Rs. 100 Crores
88/2020–CT dated November 10, 2020 Amended Notification No. 13/2020 – CT dated March 21, 2020 E-invoicing made applicable to Registered Person (other than SEZ unit, Insurance Company, banking company, financial institution including non-banking financial institution, GTA, supplier of passenger transportation service, supplier of services by way of admission to exhibition of cinematograph films in multiplex screens) whose aggregate turnover in any preceding financial year from 2017-18 onwards exceeds Rs. 100 crore in respect of supply of goods or services or both or for exports.
Notified Sections of Finance Act, 2020 shall come into force
92/2020- CT dated December 22, 2020 Section 10(2) (Composition levy) Seeks to harmonise the conditions for eligibility for opting to pay tax under Composition Scheme as sub-section (1) and sub-section (2A) of Section 10 of the CGST Act.
Section 16(4) [Eligibility and conditions for taking Input Tax Credit (“ITC”)] Delinks availment of ITC on debit notes with the date of issuance of the original invoice. Thus, ITC on debit notes issued after 6 months from the end of the financial year to which invoice pertains can be availed post amendment.
Section 29(1)(c) (Cancellation or suspension of registration) Allows cancellation of persons who has taken voluntary registrations under Section 25(3) of the CGST Act.
Proviso to Section 30(1) (Revocation of cancellation of registration) Empowered jurisdictional Additional / Joint Commissioner and Commissioner to extend the period of 30 days to file an application for revocation of cancellation of registration.
Proviso to Section 31(2) (Tax invoice) Empower the Government to prescribe period and manner or exclusion from issuing tax invoice for specified categories of services or any document which may be deemed to be a tax invoice for such services.
Section 51(3) (Tax deduction at source) The requirement for the deductor to issue TDS certificate under Section 51 of the CGST Act has been removed with new rules to be prescribed for issuance of such certificates, and accordingly, the provision for fees (penalty) for the delay in issuance of such certificate has been omitted.
Section 122 (1A) (Penalty for certain offences) Seeks to insert a new sub-section (1A) so as to make the beneficiary who retains benefit or at whose instance a supply has been made without the issuance of an invoice, or invoice has been issued without supply, or excess ITC has been availed/distributed liable for penalty as that of actual supplier/recipient.
Section 132 (Punishment for certain offences) Seeks to amend Section 132 so as to make the offence of fraudulent availment of ITC without invoice or bill, cognizable and non-bailable offence under sub-section (1) of Section 69 and to make any person who retains the benefit of certain transactions and at whose instance such transactions are conducted liable for punishment.
Schedule II, Para 4 (Activities or transactions to be treated as supply of goods or supply of services) Omitted the words “whether or not for consideration” with effect from July 1, 2017, so as to give clarity to the meaning of the entries (a) and (b) of said paragraph 4, while aligning the same with Section 7(1), (1A) and Schedule I (supply without consideration) of the CGST Act. Now Schedule II, Para 4 reads as below:“(a) where goods forming part of the assets of a business are transferred or disposed of by or under the directions of the person carrying on the business so as no longer to form part of those assets, such transfer or disposal is a supply of goods by the person;

(b) where, by or under the direction of a person carrying on a business, goods held or used for the purposes of the business are put to any private use or are used, or made available to any person for use, for any purpose other than a purpose of the business, the usage or making available of such goods is a supply of services;…..”

Summary of important changes made vide CGST (Fourteenth Amendment) Rules
94/2020-CT dated December 22, 2020 Reduction in ITC entitlement for invoices not furnished by supplier from 10% to 5%
Rule 36(4) amended (effective from January 1, 2021) Restriction on claiming ITC in respect of invoices/debit notes not furnished by the suppliers has now been reduced from 10% to 5% of eligible credit available in GSTR-2B.
Restricting use of ITC amount for discharging output tax liability in GST
New Rule 86B introduced (effective from January 1, 2021) It is applicable where value of taxable supply other than exempt supply and export, in a month exceeds INR 50 lakh.Taxpayer is not allowed to use ITC in excess of 99% of output tax liability.

Certain exceptions provided to above restrictions are:

  • If the registered person has paid more than INR 1 lakh as income tax under the Income-tax Act, 1961 in each of the last two financial years.
  • If the registered person has received a refund amount of more than INR 1 lakh in the preceding financial year on account of export under LUT/Bond or inverted tax structure.
  • If the registered person has discharged his liability towards output tax through the electronic cash ledger for an amount which is in excess of 1% of the total output tax liability, applied cumulatively, upto the said month in the current financial year
  • If the registered person is the Government Department, Public Sector Undertaking, Local Authority or Statutory Body.
Validity of e-way bill narrowed by increasing distance from 100 km. to 200 km. per day
Rule 138 amended (effective from January 1, 2021) E-way bill will now be valid for 1 day for every 200 km of travel, as against 100 km earlier, in cases other than Over Dimensional Cargo or multimodal shipment in which at least one leg involves transport by ship.For every 200 km. or part thereof thereafter, one additional day will be allowed.
Time limit for filing Form GSTR-1
83/2020– CT dated November 10, 2020 Extends the time limit for furnishing the details of outward supplies in Form GSTR-1 Quarterly GSTR-1:If opted in for/ by default Quarterly Return Filing and Monthly Payment of Taxes:

The 13th day of the next month succeeding such quarter

Monthly GSTR-1:

S. No. Month for which GSTR-1 is to be filed Due date
1 January 2021 11.02.2021
2 February 2021 11.03.2021
3 March 2021 11.04.2021

Scheme of quarterly return filing along with monthly payment of taxes for registered person having aggregate turnover up to Rs. 5 crores
84/2020–CT dated November 10, 2020 Notified class of persons w.r.t. implementation of the Quarterly Return Filing and Monthly Payment of Taxes (“QRMP”) Scheme
  • A registered person who is required to furnish a return in Form GSTR-3B, and who has an aggregate turnover of up to 5 crore rupees in the preceding financial year, is eligible for the QRMP Scheme w.e.f. January 1, 2021, subject to following conditions:

(i) the return for the preceding month, as due on the date of exercising such option, has been furnished:

(ii) where such option has been exercised once, they shall continue to furnish the return as per the selected option for future tax periods, unless they revise the same

  • A registered person whose aggregate turnover crosses five crore rupees during a quarter in a financial year shall not be eligible for furnishing of return on quarterly basis from the first month of the succeeding quarter.

Note: The option to avail QRMP Scheme is GSTIN wise. Therefore, few GSTINs under one PAN can opt for the Scheme and remaining GSTINs may remain out of the Scheme.

Special procedure for making payment of 35% as tax liability in first two months by small taxpayers
85/2020–CT dated November 10, 2020 Special procedure for making payment of 35% as tax liability in first two months by small taxpayers Registered Persons notified under proviso to sub-section (1) of Section 39 of the CGST Act, who have opted to furnish a return for every quarter or part thereof, may pay the tax dues in first month or second month or both months of the quarter under proviso to Section 39(7) of the CGST Act, by way of making a deposit of an amount in the electronic cash ledger equivalent to, –

  • 35% of the tax liability paid by debiting the e-cash ledger in the return for the preceding quarter where the return is furnished quarterly; or
  • The tax liability paid by debiting the electronic cash ledger in the return for the last month of the immediately preceding quarter where the return is furnished monthly:

No amount is required to be deposited:

  • for the 1st month of the quarter, where the balance in the e-cash ledger or e-credit ledger is adequate for the tax liability for the said month or where there is nil tax liability;
  • for the 2nd month of the quarter, where the balance in the e-cash ledger or e-credit ledger is adequate for the cumulative tax liability for the first and the second month of the quarter or where there is nil tax liability.

 

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Didn’t file your Income Tax Return? Relax! ITR due date is not over yet

the taxpayers also got the opportunity till July 31, 2020 to make tax-saving investments, before filing their return of income.

As a result, to provide ample time to taxpayers to file their return conveniently, the due date of filing ITR for the AY 2020-21 was first extended to November 30, 2020 and subsequently to December 31, 2020.

So, in case you have not filed your ITR yet, you needn’t get worried, as, unless extended further, you have now one more month, i.e. till December 31, 2020 to file the return.

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Burger King IPO opens today: Should you buy this Whopper? Check bid price, lot size, details

Burger King and its promoters are looking to raise Rs 810 crore in the IPO through a combination of a fresh issue and an Offer For Sale.

Burger King India’s IPO will open for subscription today.

The fast-food major is just a little over half-a-decade old, and is one of the fastest growing quick service restaurant (QSR) chains in the country. Burger King and its promoters are looking to raise Rs 810 crore in the IPO through a combination of a fresh issue and an Offer For Sale (OFS). Burger King began operating in India in the financial year 2015, and has since seen rapid expansion to now owning 261 restaurants across the country.

Financially, the company is still in the rudimentary stages and has not managed to turn profitable so far. However, the rapid expansion has helped increase total income of Burger King 48.4% CAGR between financial year 2017 and 2020. “Same-store-sales growth (SSSG) stood at 12.2% and 29.2%, respectively, in fiscal year 2018 and fiscal year 2019, which also helped in achieving strong revenue growth in the past two years.

Should you subscribe?

Although the company is still not making profits, the rapid expansion that it plans could help the firm. “Considering Covid-19 as an exceptional phase for the sector, we feel that with positive advancement in vaccine development and considerable relaxation in the economic activities, it is expected to report improved financials over the period.said Choice Broking while advising investors to subscribe to the issue.

 

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Government puts off penalty provision for not using QR codes on GST invoices

The provision was to penalise businesses not using QR codes on their invoices from December 1 but now it would come into force from April 1.

However, the penalty waiver is contingent on businesses using QR codes from the start of the next fiscal year.

The move is aimed at promoting digital payment in business to customer (B2C) transactions through QR code and enabling GST payment on UPI — a digital retail payment option.


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Goods and Services Tax Network enables option for opting quarterly filing of GST returns with monthly payment of GST

This form for opting in the scheme shall be made available from the 5th of December 2020. 

The Goods and Service Tax Network (GSTN) has enabled the option for opting for quarterly filing of GST returns under the quarterly return with the monthly payment (QRMP) scheme.

The GSTN announced that for the small taxpayers with annual aggregate turnover up to 5 Cr. will be made available on the common portal from 1st of January 2021.

Once a taxpayer opts-in he may file his FORM GSTR-1 and FORM GSTR-3B returns on a quarterly basis while paying their tax dues monthly through simple challan. 

 


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Income Tax Department conducts searches in Tamil Nadu

The Income Tax Department has carried out searches at 5 locations in Chennai and Madurai on 4.11.2020 in the case of a Chennai based group operating in IT Infra sector.

The search has led to unearthing of evidence relating to investments in a Singapore registered company. The shareholding of this company is held by two companies, one owned by the group searched, while the other company is a subsidiary of a major infrastructure development and financing group. It has been found that the company belonging to the searched group has invested a very nominal amount although it has 72% shareholding, while the other company having 28% shareholding only has invested almost the entire money. This has resulted into a benefit/gain of almost S$7 crore, i.e., around Rs. 200 crore, in the hands of the company belonging to the searched group, which was not disclosed by it in its return of income and also in the FA Schedule.  Thus, there is suppression of foreign income received in the form of share subscription equivalent to Rs. 200 crore, which is taxable in India in the hands of the shareholder. Further, proceedings will be initiated under Black Money Act, 2015 for not disclosing foreign assets/beneficial interest in the FA Schedule of the income tax return. The present value of this investment exceeds Rs. 354 crore.

It has been further found during the search that the group had acquired 5 shell companies recently, which were used to siphon out as much as Rs. 337 crore from the main group company by raising bogus bills and without doing any real business in these companies. The siphoned money was transferred abroad and utilized for purchase of shares in the name of the son of the main assessee. One of the directors has admitted that they have diverted funds through these companies.

Evidences have also been found regarding allotment of preference shares worth Rs. 150 crore in 2009 in the group company by passing accounting entries only, to project inflated capital before banks and financial institutions to obtain finances. Allotment of another Rs. 150 crore worth preference shares in 2015 from funds from group companies, who in turn took loans/entries, is being examined.

 During the search, it was also found that the group had borrowed funds from banks on interest and diverted to other group companies free of interest for investments in properties. The total interest disallowance on this count works out to about Rs. 423 crore.

Further, the search also revealed that the group had purchased about 800 acres of land worth at least Rs. 500 crore, in the names of various shell companies from the funds provided by the main group concern. Applicability of the Prohibition of Benami Property Transactions Act, 1988 to these transactions is being examined.

It was also seen that there was transfer of substantial share holdings during the current year at a price much lower than the fair market value to be determined as per IT Rules, 1962. In view of this, substantial additions are likely to be made under section 56(2)(x) of the IT Act, 1961(the  Act) in the case of the buyer and capital gains under section 50CA of the Act, in the hands of the seller. The quantum of this will be determined in due course.

Thus, the search has led to the detection of unaccounted income of around Rs. 1,000 crore, out of which, disclosure of additional income of Rs. 337 crore has already been made by the assessee, besides actionable issues under Benami and Black Money Acts.

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Extension of due dates for Annual Return (FORM GSTR-9/GSTR-9A) and Reconciliation Statement (FORM GSTR-9C) for 2018-19

The due date for filing Annual Return (FORM GSTR-9/GSTR-9A) and Reconciliation Statement (FORM GSTR-9C)  has been decided to extend for Financial Year 2018-19 from 31st October 2020 to 31st December, 2020

Filing of Annual Return (FORM GSTR-9/ GSTR-9A) for 2018-19 is optional for taxpayers who had aggregate turnover below Rs. 2 crore.

The filing of reconciliation Statement in FORM 9C for 2018-19 is also optional for the taxpayers having aggregate turnover upto Rs. 5 crore.

 

 

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Due Date for Tax Audit and Income Tax Returns Extended

In view of the challenges faced by taxpayers in meeting the statutory and regulatory compliances due to the outbreak of COVID-19, the Government brought the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 (‘the Ordinance’) on 31st March, 2020 which, inter alia, extended various time limits. The Ordinance has since been replaced by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act.

The Government issued a Notification on 24thJune, 2020 under the Ordinance which, inter alia, extended the  due date for all Income Tax Returns for the FY 2019-20 (AY 2020-21) to 30th November, 2020. Hence, the returns of income which were required to be filed by 31st July, 2020 and 31st October, 2020 are required to be filed by 30th November, 2020. Consequently, the date for furnishing various audit reports including tax audit report under the Income-tax Act, 1961 (the Act) has also been extended to 31st October, 2020.

In order to provide more time to taxpayers for furnishing of Income Tax Returns, it has been decided to further extend the due date for furnishing of Income-Tax Returns as under:

(A)       The due date for furnishing of Income Tax Returns for the taxpayers (including their partners) who are required to get their accounts audited [for whom the due date (i.e. before the extension by the said notification) as per the Act is 31st October, 2020] has been extended to 31st January, 2021.

(B)   The due date for furnishing of Income Tax Returns for the taxpayers who are required to furnish report in respect of international/specified domestic transactions [for whom the due date (i.e. before the extension by the said notification) as per the Act is 30th November, 2020] has been extended to 31st January, 2021.

(C)      The due date for furnishing of Income Tax Returns for the other taxpayers [for whom the due date (i.e. before the extension by the said notification) as per the Act was 31st July, 2020] has been extended to 31st December, 2020.

Consequently, the date for furnishing of various audit reports under the Act including tax audit report and report in respect of international/specified domestic transaction has also been extended to 31st December, 2020.

Further, in order to provide relief to small and middle class taxpayers, the said notification dated 24th June, 2020 had also extended the due date for payment of self-assessment tax for the taxpayers whose self-assessment tax liability is up to Rs. 1 lakh. Accordingly, the due date for payment of self-assessment tax for the taxpayers who are not required to get their accounts audited was extended from 31st July, 2020 to 30th November, 2020 and for the auditable cases, this due date was extended from 31st October, 2020 to 30th November, 2020.

In order to provide relief for the second time to small and middle class taxpayers in the matter of payment of self-assessment tax, the due date for payment of self-assessment tax date is hereby again being extended. Accordingly, the due date for payment of self-assessment tax for taxpayers whose self-assessment tax liability is up to Rs. 1 lakh has been extended to 31st January, 2021 for the taxpayers mentioned in para 3(A) and para 3(B) and to 31st December, 2020 for the taxpayers mentioned in para 3(C).

The necessary notification in this regard shall be issued in due course.

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Tax Collected at Source on sale of goods applicable from 1st Oct 2020 (New Section 206C(1H)

Tax Collected at source (TCS) is Income Tax which is required to be collected by the seller (Collector) from the Buyer.

Analysis of New Section 206C(1H) 

1. The Government of India has introduced a new Section 206C(1H) with regards to Tax Collection at Source‘. Applicable to everyone having turnover of Rs. 10 crores in last financial year.

2. Every seller who has received any amount as sale consideration above Rs. 50 lakhs from buyer has to collect additional 0.10% [Relaxed rate for FY 2020-21 – 0.075%] of bill amount, collect PAN and pay as TCS every month.

3.TCS to be levied on Sales that is in excess of Rs 50 Lakhs post 01-10-2020.

4. TCS Shall be collected at the time of receipt of sales consideration, hence liable to be collected in the month in which amount is received. Further TCS collected during a month needs to be deposited within 7 days of next month.

 

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पोस्ट ऑफिस मासिक आय योजना (POMIS) में निवेश देता है बेहतर रिटर्न, जाने उससे जुड़ी महत्वपूर्ण बातें

इंडिया पोस्ट वेबसाइट indiapost.gov.in के अनुसार, पोस्ट ऑफिस की मासिक आय योजना के तहत खाता खोलने के लिए, न्यूनतम 1,000 रुपये का निवेश करना होता है 1,000 रुपये से अधिक की किसी भी राशि का उपयोग खाता खोलने के लिए किया जा सकता है.

व्यक्तिगत एकाउंट या सिंगल एकाउंट में निवेश के लिए 4.5 लाख रुपये की अधिकतम सीमा लागू की गई है. वहीं ज्वाइंट एकाउंट के लिए यह सीमा 9 लाख रुपये रखी गई है.


 

 

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