Author name: Amrita

GTA Taxpayers

Advisory on the functionalities available on the portal for the GTA taxpayers: The following Functions are made available on the portal for the GTA Taxpayers. 1. Filing of Online Declaration in Annexure V and Annexure VI for the existing GTA Taxpayers: As per Notification No. 06/2023-Central Tax (Rate), dated 26.07.2023, the option by GTA to pay GST on Forward Charge mechanism or the Reverse Charge mechanism respectively on the services supplied by them during a Financial Year shall be exercised by making a declaration in Annexure V or Annexure VI from the 1st January of the current Financial Year till 31st March of the current Financial Year, for the next Financial Year. To comply with the above notification, online filing in Annexure V Form  and  Annexure VI Form is available on the portal for the existing GTA taxpayers for filing declaration in Annexure V Form or Annexure VI Form for the succeeding FY 2024-25 from 01.01.2024 to 31.03.2024. To Access Annexure V Form: Post login on the FO portal-Navigate to Services>>User Services>>GTA>>Opting Forward Charge Payment by GTA (Annexure V).To Access Annexure VI Form: Post login on the FO portal-Navigate to Services>>User Services>>GTA>>Opting to Revert under Reverse Charge Payment by GTA (Annexure VI) 2. Filing of Online Declaration in Annexure V for the Newly registered GTA Taxpayers: 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 (before the expiry of forty-five days from the date of applying for GST registration or one month from the date of obtaining registration whichever is later) is now being configured by the system and the same would be displayed to the newly registered taxpayers on their dashboard. The newly registered GTA taxpayers can now file their online declaration on the portal for the current FY within the specified due date. To Access: Post login on the FO portal-Click YES on the pop up message on post login (or) Navigate to Services>>User Services>>GTA>>Opting Forward Charge Payment by GTA (Annexure V). 3. Uploading manually filed Annexure V Form for the FY 2023-24 on the portal: The Existing/ Newly registered GTA taxpayers who have already submitted Declaration in Annexure V Form for the FY 2023-24 manually with the jurisdictional authority are requested to upload their duly acknowledged legible copy of the Annexure V Form on the portal, mentioning correct particulars as mentioned in the physical Annexure V submitted, with correct date of acknowledgment from jurisdictional office, where such physical Annexure V was filed for the record purposes. Further, it is informed that if Annexure V was filed manually within the specified due date for the FY 2023-24, he need not file it again on the portal for the FY 2024-25 or any succeeding FY. Using the manual upload facility, you can upload the legible copy of duly acknowledged manually filed Annexure V for 2023-24, with the correct particulars. To Access: Post login on the FO portal-Navigate to Services>>User Services>>GTA>> Upload Manually Filed Annexure V. 4. As per the above notification, the option exercised by GTA to pay GST on the services supplied by it during a Financial Year shall be deemed to have been exercised for the next and future financial years unless the GTA files a declaration in Annexure VI to revert under reverse charge mechanism. 5. However, the GTAs who filed declarations for the FY 2024-25 on the portal for the period from 27.07.2023 till 22-08-2023 have been considered as filed and valid. Those taxpayers are requested that they not file a declaration in Annexure V Form for the subsequent FYs if they wish to continue their option to pay GST on the Forward charge mechanism. Source [gst.gov.in]

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ITC Reversal on Account of Rule 37(A)

ITC Reversal on Account of Rule 37(A) 1.  Vide Rule 37A of CGST Rules, 2017 the taxpayers have to reverse the Input Tax Credit (ITC) availed on such invoice or debit note, the details of which have been furnished by their supplier in their GSTR-1/IFF but the return in FORM GSTR-3B for the said period has not been furnished by their supplier till the 30th day of September following the end of financial year in which the Input Tax Credit in respect of such invoice or debit note had been availed. 2. The said amount of ITC is required to be reversed by such taxpayers, while furnishing a return in FORM GSTR-3B on or before the 30th day of November following the end of such financial year, as part of this legal obligation. 3. 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. 4. 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. Source [gst.gov.in]

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Advisory for Online Compliance Pertaining to ITC mismatch -GST DRC-01C

Difference in Input Tax Credit (ITC) available in GSTR-2B & ITC claimed in the GSTR-R3B 1. It is informed that 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. 2. This functionality compares the ITC declared in GSTR-3B/3BQ with the ITC available in GSTR-2B/2BQ for each return period. 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, the taxpayer will receive an intimation in the form of DRC-01C. 3. Upon receiving an 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. 4. 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. Source [gst.gov.in]

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Advisory for the procedures and provisions related to the amnesty for taxpayers

Advisory for the procedures and provisions related to the amnesty for taxpayers who missed the appeal filing deadline for the orders passed on or before March 31, 2023  Amnesty for Taxpayers: The GST Council, in its 52nd meeting, recommended granting amnesty to taxpayers who couldn’t file an appeal under section 107 of the CGST (Central Goods and Services Tax) Act, 2017, against the demand order under section 73 or 74 of the CGST Act, 2017, passed on or before March 31, 2023, or whose appeal against the said order was rejected due to not being filed within the specified time frame in sub-section (1) of section 107.    In compliance with the above GST Council’s recommendation, the government has issued Notification No. 53/2023 on November 2, 2023.    Taxpayers can now file appeal in FORM GST APL-01 on the GST portal on or before January 31, 2024 for the order passed by proper officer on or before March 31, 2023. It is further advised that the taxpayers should make payments for entertaining the appeal by the Appellate officer as per the provisions of Notification No. 53/2023. The GST Portal allows taxpayers to choose the mode of payment (electronic Credit/Cash ledger), and it’s the responsibility of the taxpayer to select the appropriate ledgers and make the correct payments. Further, the office of the Appellate Authority shall check the correctness of the payment before entertaining the appeal and any appeal filed without proper payment may be dealt with as per the legal provisions.   If a taxpayer has already filed an appeal and wants it to be covered by the benefit of the amnesty scheme would need to make differential payments to comply with Notification No. 53/2023. The payment should be made against the demand order using the ‘Payment towards demand’ facility available on the GST portal. Source [gst.gov.in]

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October Gross GST Collections Reach ₹1.72 Lakh Crore

In October, India’s Gross Goods and Services Tax (GST) collections rebounded to ₹1.72 lakh crore, a 13.4% YoY increase and the highest in 10 months. In October, India witnessed a significant rebound in its Gross Goods and Services Tax (GST) collections, reaching a 10-month high of ₹1.72 lakh crore. This growth of 13.4% year-on-year is the sharpest uptick since December 2022, reversing a three-month trend of deceleration. Several factors contributed to this impressive recovery, including increased domestic transactions, higher services imports, and robust GST levies on goods imports. Monthly Uptick and Comparison: October’s GST collections surged by 13.4% to reach ₹1.72 lakh crore. This marked a 5.7% increase compared to September, which saw a slowdown in indirect tax growth. The 13.4% revenue growth was the most substantial year-on-year increase since December 2022, breaking a three-month trend of deceleration. Factors Behind the Rebound: Domestic Transactions and Services Imports: The uptick in October’s revenues was driven by a 13% increase in domestic transactions and services imports. Goods Imports: While the Finance Ministry did not disclose the revenue growth from goods imports, it’s estimated that GST levies on goods imports increased by 13.9% in October, outpacing growth from domestic transactions. GST Compensation Cess Collections: Collections from GST Compensation Cess, which includes levies on goods imports, reached a record high of ₹12,456 crore in October, surpassing the previous highest collection received in April. State GST Revenue Trends: The average monthly GST collection for FY 2023-24 stands at ₹1.66 lakh crore, representing an 11% increase over the previous financial year. Deadline Effect: Experts attribute the strong October GST collections to factors such as the time-barred period for financial year 2017-18, compliance deadlines, and measures to curb evasion. Festive spending and efforts to settle disputes for 2017-18 also contributed to the boost in collections. Revenue Breakdown: October’s GST revenues included Central GST (CGST) of ₹30,062 crore, State GST of ₹38,171 crore, and Integrated GST (IGST) of ₹91,315 crore. The government settled ₹42,873 crore to CGST and ₹36,614 crore to SGST from IGST, resulting in a total revenue of ₹72,934 crore for CGST and ₹74,785 crore for SGST in October 2023 after regular settlements. Source [gst.gov.in]

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Tax Deducted at Source

Introduction: Tax Deducted at Source (TDS) is a crucial component of the Indian tax system, designed to ensure a regular inflow of tax revenues for the government. TDS requires individuals or entities to deduct a specific percentage of tax at the time of making payments for various transactions and deposit it with the government. This article will provide a comprehensive overview of TDS, including its purpose, calculation, rates, and compliance requirements. What is a TDS certificate? Form 16, Form 16A, Form 16 B and Form 16 C are all TDS certificates. TDS certificates have to be issued by a person deducting TDS to the assessee from whose income TDS was deducted while making payment. For instance, banks issue Form 16A to the depositor when TDS is deducted on interest from fixed deposits. Form 16 is issued by the employer to the employee. Form Certificate of Frequency Due Date Form 16 TDS on salary payment Yearly 31st May From 16A TDS on non- salary payments Quarterly 15 days from due date of filing return Form 16B TDS on sale of property Every transaction 15 days from due date of filing return Form 16C TDS on rent Every transaction 15 days from due date of filing return 1. Purpose of TDS: TDS serves several essential purposes: Regular Revenue Collection: TDS helps the government collect taxes throughout the year instead of waiting for taxpayers to pay in a lump sum at the end of the financial year. Minimizing Tax Evasion: It acts as a deterrent against tax evasion, as it compels the deductor to withhold tax before making a payment. Distributing the Tax Burden: TDS ensures that the tax burden is shared proportionately among various stakeholders involved in financial transactions. 2. Applicability of TDS: TDS is applicable to a wide range of financial transactions, including: Salary Payments: Employers deduct TDS from employees’ salaries. Interest Payments: TDS is deducted on interest income from savings accounts, fixed deposits, and other investments. Rent Payments: TDS is deducted by individuals and entities making rent payments above a specified threshold. Professional and Technical Fees: Payments to professionals and contractors are subject to TDS. Commission Payments: Businesses deduct TDS on commissions paid to agents. Dividend Payments: TDS is applicable to dividends from shares and mutual funds. 3. TDS Rates and Thresholds: The TDS rates and thresholds vary depending on the nature of the transaction. Different sections of the Income Tax Act specify the applicable rates and thresholds. Some examples include: Section 192: TDS on salaries has a specific tax slabs and rates for individuals based on their income. Section 194A: TDS on interest income is applicable when the interest amount exceeds Rs. 10,000 in a financial year, with a standard rate of 10%. Section 194I: TDS on rent is applicable when the annual rent exceeds Rs. 2.4 lakhs for land/building and Rs. 1.8 lakhs for machinery/plant, at a rate of 10%. Section 194J: TDS on professional or technical fees is deducted at 10%. 4. TDS Deduction and Compliance: To comply with TDS regulations, deductors must adhere to the following steps: Obtain a TAN (Tax Deduction and Collection Account Number) from the Income Tax Department. Deduct TDS at the specified rates and calculate the amount. Deposit the deducted TDS to the government within the due dates. File TDS returns on time, which includes quarterly statements and an annual statement. Issue TDS certificates to the deductees as proof of tax deduction. Non-compliance with TDS provisions can result in penalties and legal consequences. 5. TDS Refunds: If the deducted TDS amount exceeds the actual tax liability of the deductee, they can claim a TDS refund by filing an income tax return. The excess amount is refunded after the return is processed. When to file TDS returns? Filing Tax Deducted at Source returns is mandatory for all the persons who have deducted TDS. TDS return is to be submitted quarterly and various details need to be furnished like TAN, amount of TDS deducted, type of payment, PAN of deductee, etc. Also, different forms are prescribed for filing returns depending upon the purpose of the deduction of TDS. Various types of return forms are as follows: Form 26QTDS on all payments except salaries Q1 – 31st July Q2 – 31st October Q3 – 31st January Q4 – 31st May From No Transaction Reported in The Return Due Date From 26Q TDS On Salary Q1 – 31st July Q2 – 31st October Q3 – 31st January Q4 – 31st May From 27Q TDS on all payments made to non-residents except salaries Q1 – 31st July Q2 – 31st October Q3 – 31st January Q4 – 31st May Form 26QB TDS on sale of property 30 days from the end of the month in which TDS is deducted Form 26QC TDS on rent 30 days from the end of the month in which TDS is deducted Conclusion TDS is a critical element of the Indian tax system that ensures the steady collection of taxes and reduces tax evasion. Understanding the various provisions, rates, and compliance requirements is essential for both deductors and deductees. It is advisable to seek professional guidance or use tax software to simplify the TDS process and remain compliant with the law. Compliance with TDS regulations not only avoids penalties but also contributes to the nation’s revenue collection and economic stability. For any further queries related to this or anything else visit Trisuka

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