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Govt extends FY20 GST return filing date for composition dealers till Aug 31

Govt extends FY20 GST return filing date for composition dealers till Aug 31

The government has extended the due date for filing annual return by composition dealers for 2019-20 till August 31.

The Central Board of Indirect Taxes and Customs (CBIC) issued a notification, extending the deadline for filing GSTR-4 annual returns for 2019-20 by composition dealers from July 15 to August 31.

GST composition scheme can be opted by any taxpayer whose turnover is less than Rs 1.5 crore. Under the scheme, manufacturers and traders are required to pay GST at 1 per cent, while it is 5 per cent for restaurants (which do not serve alcohol).

Source: Economic-Times.

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Service providers may now opt for composition scheme till July 31

Service providers may now opt for composition scheme till July 31

The tax department has extended by three months till July 31 the deadline for service providers with a turnover of up to Rs 50 lakh to opt for the composition scheme and pay six percent goods and services tax (GST). The GST Council, chaired by Finance Minister and comprising state counterparts, has permitted such service providers to opt for composition scheme and pay taxes at a reduced rate of six percent beginning April 1, 2019.

This is against the higher rates of 12 and 18 percent levied for most services under GST.

In a circular, the Central Board of Indirect Taxes and Customs (CBIC) said suppliers who want to opt for composition scheme would have to file Form GST CMP-02 by selecting ‘any other supplier eligible for composition levy’ latest by July 31, 2019.

The CBIC had earlier marked April 30, 2019, as the deadline for service providers to opt for the scheme.

The GST composition scheme was so far available to traders and manufacturers of goods with an annual turnover of up to Rs 1 crore. This threshold to has been increased to Rs 1.5 crore from April 1.

Under the scheme, traders and manufacturers are required to pay only one percent GST on goods which otherwise attract a higher levy of either 5, 12 or 18 percent. Such dealers are also not permitted to charge GST from the customers.

Of the 1.22 crore businesses registered under GST, about 17.5 lakh have so far opted for the composition scheme.

Source: Economic-Times.

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GST Council sets up 2 sub-groups to examine legal, technical aspects of e-invoice for B2B sales

GST Council sets up 2 sub-groups to examine legal, technical aspects of e-invoice for B2B sales

The GST Council has set up two sub-groups to look into the policy and technical aspects, such as turnover threshold and mode of generation, for e-invoice generation by businesses.

While one sub-group will examine the business process, policy and legal aspects for a generation of e-invoice, the other will recommend technical aspects for its roll-out.

The sub-group on policy issues would also suggest some “immediate steps” to check fake invoices in case of business-to-business (B2B) supplies with a high threshold turnover and also recommend a carve-out for sectors like banking and telecom.

Electronic invoice, or e-invoice, has been envisaged by the revenue department to mainly curb goods and services tax (GST) evasion.

The sub-group on policy issues for e-invoice would recommend legal aspects including invoice format, threshold turnover for invoice generation from the portal and immediate steps for ‘B2B’ supplies with a high threshold turnover.

It would also suggest optional treatment for some sectors such as banking, telecom, tentative timeline for execution and phase-wise implementation.

The sub-group on technical issues would suggest a mode of generation, like app-based or mobile or SMS or offline and online, data security and system integration.

Depending on the success of the project in the B2B segment, the revenue department would look at extending it to business-to-consumer (B2C) sales, especially in sectors where the probability of tax evasion is high.

A 13-member officers’ committee, comprising central and state tax officials as well as the GST Network chief executive officer, has been set up to look into the feasibility of introducing e-invoice system to streamline the generation of invoices and easing the compliance burden.

The two sub-groups have been set up under the committee.

The proposed e-invoice is part of the exercise to check GST evasion. With almost two years into the GST implementation, the government is now focussing on anti-evasion measures to shore up revenue and increase compliance.

There are over 1.21 crore registered businesses under the GST, of which 20 lakh are under the composition scheme.

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Source: Economic-Times.
Govt plans to launch GST e-invoices to curb tax evasion

Govt plans to launch GST e-invoices to curb tax evasion

GST officers are working on a system where businesses above a certain turnover threshold will have to generate ‘e-invoice’ on government or GST portal for every sale, thereby effectively reducing the room for tax evasion.

To start with, businesses above a specified threshold will just get a unique number for every electronic invoice or e-invoice generated. This number can be matched with the invoices reported in the sales return and taxes paid, an official said.

Going forward, businesses will be required to generate full electronic-tax invoice or e-invoice recording entire value of sales.

The official said that businesses beyond a turnover threshold would be provided software which will be linked to GST or a government portal for generating e-invoice. The threshold can also be fixed on the basis of the value of the invoice.

“The requirement of e-invoice generation could be either on the basis of turnover of the registered person or value of the invoice. The thinking is, ideally, it should be based on the turnover threshold so as to avoid splitting of sales,” an official told PTI.

GST officers are working on a system where businesses above a certain turnover threshold will have to generate ‘e-invoice’ on government or GST portal for every sale, thereby effectively reducing the room for tax evasion.

To start with, businesses above a specified threshold will just get a unique number for every electronic invoice or e-invoice generated. This number can be matched with the invoices reported in the sales return and taxes paid, an official said.

Going forward, businesses will be required to generate full electronic-tax invoice or e-invoice recording entire value of sales.

The official said that businesses beyond a turnover threshold would be provided software which will be linked to GST or a government portal for generating e-invoice. The threshold can also be fixed on the basis of the value of the invoice.

“The requirement of e-invoice generation could be either on the basis of turnover of the registered person or value of the invoice. The thinking is, ideally, it should be based on the turnover threshold so as to avoid splitting of sales,” an official told PTI.

Giving example, the official said that if the minimum invoice value is fixed at ₹1,000, there is a possibility of businesses of splitting the bills to avoid the invoice-based threshold cap.

E-invoice generation method will be similar to the one being followed for e-way bill on the ‘ewaybill.nic.in’ portal or payment of Goods and Services Tax on the GSTN portal.

The proposed system of e-invoice will eventually replace the requirement of a generation of e-way bill for movement of goods, as invoices would be generated through a centralised government portal. Currently, the e-way bill is required for moving goods exceeding ₹50,000.

The official further said that once full e-tax invoice starts getting generated, it would significantly ease the burden of return filing by businesses as invoice wise data would be auto-populated in the return forms.

“We will have to study global models followed by countries like Latin America, South Korea, and Europe. We will also look at ways to incentivise businesses to adopt the method of e-invoice generation,” the official said.

An officers committee, comprising central, state tax officials and GST Network Chief Executive, has been set up to look into the feasibility of introducing e-invoice system to streamline the generation of invoices and easing compliance burden. The committee will finalize an interim report next month.

The proposed ‘e-invoice’ is part of the exercise to check GST evasion. With almost two years into GST implementation, the government is now focussing on anti-evasion measures to shore up revenue and increase compliance.

There are over 1.21 crore registered businesses under the GST, of which 20 lakh are under composition scheme.

AMRG & Associates Partner Rajat Mohan said e-invoicing would help in avoiding duplication of efforts and minimize manual intervention in filing and checking of tax returns.

“To incentivise businesses to adopt a new system, the tax department could limit the frequency of mandatory departmental audits in case procurements are made on basis of e-invoices,” Mohan said.


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Source: Live Mint
Council to review food aggregator’s GST woes.

Council to review food aggregator’s GST woes.

Online food aggregators such as Zomato, Swiggy, and UberEats are facing a curious issue in goods and services tax (GST) compliance, prompting a review.

The aggregators are unable to show tax collected at source TCS from restaurants using their platform, thereby preventing the partner restaurants from claiming credit. The government has referred the matter to a law committee under the GST Council. “The industry has represented the issue… It will be examined by the law committee,” said a government official privy to the developments. Zomato, Swiggy, and UberEats declined to comment on the issue.

The glitch stems from a bar on goods and services composition dealers from registering with e-commerce platforms. This prevents food aggregators from filing TCS collected from partner eateries — that are also under the composition scheme — on the GSTN portal. However, restaurants enjoy a carveout under the composition scheme is thus permitted to register with e-commerce platforms. But with their TCS not being recorded on the GSTN portal, the restaurants cannot claim credit or refund. This particularly hits small restaurants’ cash flow.

The composition scheme allows small businesses to opt for a fixed rate of tax — 5% in the case of restaurants — on their turnover, without the tedious compliance and paperwork.

The government is now examining if a carveout needs to be created for small restaurants under the TCS regime, said the official quoted above. The GSTN is also working on the online utility to facilitate this.

Tax experts say a mechanism needs to be evolved soon. “The GST Council needs to take a call either to remove the requirement of TCS on restaurant services for supplies by composition dealers or provide a mechanism to allow the e-commerce operator to file a return for TCS deducted in such cases. Restaurants should be able to claim TCS credit,” said Bipin Sapra, partner, tax and regulatory services, indirect tax, EY.

Some say it may be imperative to relook at the whole TCS itself. “While this seems like a technical issue that can be resolved easily, from a policy standpoint, the TCS mechanism needs a relook. It’s leading to unwarranted compliance issues and preventing small businesses, particularly those supplying goods, from transacting on an e-commerce platform,” said Pratik Jain, indirect taxes leader, PwC.

E-commerce players are mandated to deduct 1% tax (TCS) on payments made to their suppliers under the GST regime. The provision came into effect from October 1, 2018.

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Source: Economic Times.
Service providers can opt for GST composition scheme by April 30: CBIC

Service providers can opt for GST composition scheme by April 30: CBIC

The tax department has given service providers with a turnover of up to Rs 50 lakh time till April 30 to opt for the composition scheme and pay 6 percent GST.

The option to pay Goods and Services Tax (GST) at a reduced rate of 6 percent would be effective from the beginning of the financial year or from the date of obtaining new registration during the financial year.

Service providers opting for the composition scheme can charge a lower tax rate of 6 percent from customers, as against the higher rates of 12 and 18 percent for most services under GST.

In a circular, the Central Board of Indirect Taxes and Customs (CBIC) said suppliers who want to opt for composition scheme would have to file Form GST CMP-02 by selecting ‘Any other supplier eligible for composition levy’ latest by April 30, 2019.

Businesses which apply for new registration may avail the said benefit in Form GST REG-01 at the time of filing application for registration.

AMRG & Associates Partner Rajat Mohan said “numerous service providers tried to file this intimation opting composition scheme recently but were denied due to a legal embargo. Now with this clarification, GSTN would start accepting the intimations soon”.

The GST Council, headed by Finance Minister Arun Jaitley and comprising state ministers, in its meeting on January 10 had permitted service providers and those dealing in both goods and services with a turnover of up to Rs 50 lakh to opt for composition scheme with effect from April 1.

The GST composition scheme was so far available to traders and manufacturers of goods with an annual turnover of up to Rs 1 crore.

This threshold too has increased to Rs 1.5 crore from April 1.

Under the scheme, traders and manufacturers are required to pay only 1 percent GST on goods which otherwise attract a higher levy of either 5, 12 or 18 percent. Such dealers are also not permitted to charge GST from the purchaser.

Of the 1.20 crore businesses registered under GST, about 20 lakh have so far opted for the composition scheme.

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Source: Economic Times.
FinMin notifies April 1 as date for availing increased GST exemption limit, composition scheme

FinMin notifies April 1 as date for availing increased GST exemption limit, composition scheme

The government Thursday notified April 1 as the date for the implementation of doubling of GST exemption limit to Rs 40 lakh, which will benefit small and medium enterprises.Besides, the effective date for availing higher turnover cap of Rs 1.5 crore for availing composition scheme by traders has also been fixed as April 1.

Also, service providers and suppliers of both goods and services with a turnover of up to Rs 50 lakh would be eligible to opt for the GST composition scheme and pay a tax of 6 per cent from the beginning of next fiscal.

These decisions were taken by the GST Council, chaired by Finance Minister Arun Jaitley and comprising his state counterparts, on January 10. These decisions would come into effect from April 1, a finance ministry statement said.

“There would be two threshold limits for exemption from registration and payment of GST for the Suppliers of Goods i.e. Rs 40 lakhs and Rs 20 lakhs. States would have an option to decide about one of the limits.

“The Threshold for Registration for service providers would continue to be Rs 20 lakhs and in case of Special Category States Rs 10 lakhs,” it said.

Also the GST Composition Scheme, under which small traders and businesses pay a 1 per cent tax based on turnover, can be availed by businesses with a turnover of Rs 1.5 crore, against the earlier Rs 1 crore, with effect from April 1.

EY India Tax Partner Abhishek Jain said implementation of these proposals with specifically the higher turnover limit for composition schemes, would aid enhancing the ease of doing business for MSMEs.

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Source: Money Control
FinMin considers steps to prevent composition dealers from charging GST from buyers 

FinMin considers steps to prevent composition dealers from charging GST from buyers 

In a consumer-friendly measure, the revenue department is planning to make it mandatory for composition dealers and service providers to declare their GST registration status in invoices to ensure that they do not charge any tax from buyers. The measure, once implemented, would check the widespread practice of composition dealers of charging GST from purchasers and not depositing it with the exchequer, an official said.

The revenue department is also planning to launch a campaign to educate consumers that the dealers opting for composition scheme are not required to charge the goods and servicesNSE -0.75 % tax (GST) from purchasers, the official said.

Under the GST composition scheme, traders and manufacturers are required to pay only 1 percent GST on goods which otherwise attract a higher levy of either 5, 12 or 18 percent. Such dealers are also not permitted to charge GST from the purchaser.

Of the 1.17 crore businesses registered under GST, about 20 lakh have opted for composition scheme.

“It has come to the notice of the government that a large number of composition dealers are levying GST at higher rates and not depositing it with the government,” the official told.

According to the proposal being considered by the Central Board of Indirect Taxes and Customs (CBIC), businesses will have to mandatorily mention in the invoice generated by them that they are composition dealers and, hence, are not required to charge GST.

“Simultaneously, we will educate consumers that they should not pay GST while buying goods from composition scheme dealers,” the official said.

To ease compliance burden for small businesses, the GST law provides for composition scheme under which traders and manufacturers with an annual turnover of up to Rs 1 crore can pay 1 percent GST. This threshold will increase to Rs 1.5 crore from April 1.

Also the GST Council, headed by Arun Jaitley and comprising state ministers, in its meeting on January 10 permitted service provider and those dealing in both goods and services with a turnover of Rs 50 lakh to opt for composition scheme.

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Source: Economic Times
FinMin clarifies on return filing by businesses opting for composition scheme

FinMin clarifies on return filing by businesses opting for composition scheme

The finance ministry (FinMin) today said traders who have opted for composition scheme need not file certain details in return form since the reverse charge mechanism is not yet functional.

The GST Council, headed by FinMin Arun Jaitley and comprising state counterparts, has kept the reverse charge mechanism in abeyance till June.

The ministry, in a statement, said doubts are being raised about the manner of filing the quarterly return by composition dealers in Form GSTR-4.

Press: Return Filing GSTR4
“Since auto-population of the details of the inward supplies, including supplies on which tax is to be paid on reverse charge is not taking place, taxpayers who have opted to pay tax under the composition levy shall not furnish the data in serial number 4A of Table 4 of Form GSTR-4 for the tax periods January, 2018 to March, 2018 and subsequent tax periods,” it said in a statement.

Businesses with the turnover of up to Rs one crore can opt for composition scheme under the Goods and Services Tax (GST) which was rolled out from July 1, 2017.

The scheme allows taxpayers to pay GST at a fixed rate of turnover and not to go through the tedious GST formalities.Under the reverse charge mechanism, registered dealers are required to make tax payments in case he procures goods from unregistered businesses.

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Source: ET
Inter-state supply may come under GST composition

Inter-state supply may come under GST composition

GST Composition scheme

The composition scheme for small taxpayers that offers easier compliance and a flat rate of tax looks set to be made more attractive as its ambit may be expanded to include inter-state supplies of goods. Besides, the facility of input tax credit may be made available under this scheme. A ministerial panel, led by Assam Finance Minister Himanta Biswa Sarma, is expected to finalise the contours of the revised structure in its next meeting on Sunday.

The five-member group of ministers (GoM) would meet representatives of small- and medium-scale industry on Sunday to seek feedback on improving the composition scheme. It would be the second meeting of the GoM, which decided to reduce rates for restaurants to 12 per cent from 18 per cent while withdrawing the input tax credit facility. The GoM’s decision would be put up to the GST Council at its next meeting in Guwahati on November 10 for approval.

“There was broad consensus in the meeting that the compliance burden needs to be reduced for small and medium enterprises in the GST. Taking the discussion forward, we will deliberate on extending the composition scheme to those undertaking inter-state supply of goods. This is a key demand from the sector,” said a state minister who is part of the panel.

He added the input tax credit facility may also be made available under the composition scheme in order to make it easier for smaller players to opt for it. “Many small and medium players are hesitant about opting for the composition scheme as they worry that large players will stop buying from them. This needs rectification,” he said.

“If input tax credit is to be given, the contours of the scheme will need to change wherein composition dealers will have to show tax on invoice and file regular GST returns, unless some kind of a deemed credit mechanism is worked out,” said Pratik Jain of PwC India.

Also Read: More relief for SMEs as GST Council set to reduce late filing penalties

The ministry of small and medium enterprises has been asked to discuss with industry representatives what they expect from the composition scheme and what more can be done to make it more attractive.

Inter-state supply may come under GST compositionThe other members of the GoM are Bihar Deputy Chief Minister Sushil Modi, Jammu and Kashmir Finance Minister Haseeb Drabu, Punjab Finance Minister Manpreet Singh Badal and Chhattisgarh Minister of Commercial Taxes Amar Agrawal.

The ministerial panel would look into whether the turnover of exempted goods can be excluded from the total turnover threshold for levying tax in the composition scheme. The final decision would be taken in the upcoming meeting ahead of the GST Council meeting.

The council, chaired by Union Finance Minister Arun Jaitley, raised the eligibility threshold for the composition scheme to an annual turnover of Rs 1 crore from the current Rs 75 lakh at its last meeting. The scheme offers a flat rate of tax and quarterly filing of tax returns. The window, that ended on October 1, has been extended till March 31. The scheme already received extensions twice earlier.

In the scheme, a trader pays the GST at one per cent, a manufacturer at two per cent and a restaurant owner at five per cent, but they are not allowed input tax credit.

So far, 1.5 million registered entities have opted for the composition scheme, which amounts to a sixth of 8.9 million GST assesses.

Anyone availing of the scheme cannot claim input tax credit. Such a dealer cannot issue a tax invoice. Hence, someone buying from a composition scheme dealer cannot claim input tax on the goods bought. Besides, one cannot undertake inter-state supplies in order to opt for the scheme.

Also Read: GST refund claims for exporters for August, September to start this week

A composition scheme dealer needs to furnish one return, i.e. GSTR-4, on a quarterly basis, and an annual return, Form GSTR-9A, as against three forms every month by a normal taxpayer. Besides, there is no requirement of invoice-wise details or HSN (harmonised system of nomenclature) codes in their returns.

The scheme is not available to manufacturers of tobacco and tobacco substitutes, pan masala and ice cream. Revenue Secretary Hasmukh Adhia had said in an interview to PTI that the government was considering easing the compliance burden on small and medium enterprises. “There is a need for harmonisation of items chapter-wise and wherever we find there is a big burden on small and medium businesses and on the common man, if we bring it down, there will be better compliance,” the report cited Adhia as saying.

At the previous GST Council meeting, small taxpayers with up to Rs 1.5 lakh turnover were extended the option of quarterly tax payment and filing of returns. Around 94-95 per cent of tax revenue comes from big taxpayers.

 


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Source :  Business Standard