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GST MITRA
VOL - 3 | PART - 23 | 5th October 2021

 

SUMMARY OF RECENT IMPORTANT GST NOTIFICATIONS:

 
COVID-19 relief measures in the form of GST rate concessions
  • Notification No.12/2021 - CT (R), Dt. 30th September 2021.
    • GST Council in its 45th meeting decided to extend existing concession in GST rates for the following specified medicines used in Covid-19 till 31st December 2021:
    • Sl. No. (1)
             		 Chapter, Heading, Subheading or Tariff item(2) Description of Goods(3) Rate (4) CGST+SGST
      1.  
      1.  
      		 Tocilizumab NIL
      1.  
      1.  
      		 Amphotericin B NIL
      1.  
      1.  
      		 Remdesivir 5%
      1.  
      1.  
      		 Heparin (anti-coagulant) 5%
      1.  
      1.  
      		 Itolizumab 5%
      1.  
      1.  
      		 Posaconazole 5%
      1.  
      1.  
      		 Infliximab 5%
      1.  
      1.  
      		 Bamlanivimab & Etesevimab 5%
      1.  
      1.  
      		 Casirivimab & Imdevimab 5%
      1.  
      1.  
      		 2-Deoxy-D-Glucose 5%
      1.  
      1.  
      		 Favipiravir 5%

       
RCM on supply of essential oils
  • Notification No.10/2021 - CT (R), Dt. 30th September 2021.
    • With effect from 1st October 2021, RCM shall be applicable on the supply of the following goods:
    • S. No. Tariff item, sub-heading, heading or Chapter Description of supply of Goods Supplier of goods Recipient of supply
      (1) (2) (3) (4) (5)
      3A 33012400,
      33012510,
      33012520,
      33012530,
      33012540      		 Following essential oils other than those of citrus fruit namely: -
      a) Of peppermint Menthapiperita);
      b) Of other mints : Spearmint oil (exmenthaspicata), Water mint-oil (exmentha aquatic), Horsemint oil (exmenthasylvestries), Bergament oil
      (ex-mentha citrate).      		 Any Unregistered Person Any registered person
    • After Serial No 3 in Notification No.4/2017- Central Tax (Rate), dated the 28th June, 2017(Reverse charge on certain specified supplies of goods) above entry has been inserted.
GST Rate specified for Seeds
Validity of GST exemption on the transport of goods by vessel and air from India to outside India is extended up to 30th September 2022
  • Notification No. 07/2021–CT(R), Dt. 30th September 2021.
    • Exemption on the transport of goods by vessel and air from the customs station of clearance in India to a place outside India is extended up to 30th September 2022.
    • The exemption has been extended from 30th September 2021 to 30th September 2022.
Furnishing of Bank details obtained on PAN of the registered person

Refund to be disbursed in bank accounts linked with PAN
  • Notification No. 35/2021–CT, Dt. 24th September 2021.
    • After a certificate of registration has been made available on the GST portal and GST Number has been assigned, the registered person, shall within forty-five (45) days from the date of grant of registration or due date of first GSTR3B, whichever is earlier, furnish information with respect to details of bank account which is in name of the registered person and obtained on Permanent Account Number(PAN) of the registered person or any other information, as may be required on the common portal in order to comply with any other provision.
    • The word “which is in name of the registered person and obtained on Permanent Account Number of the registered person” has been newly inserted.
    • The registered person has to furnish bank details that are linked with PAN of such registered person only, bank details of any other person will not be allowed.
    • Refund will be disbursed in the bank account, which is linked with the same PAN on which registration has been obtained under GST.
    • In case of a proprietorship concern, the Permanent Account Number of the proprietor shall also be linked with the Aadhaar number of the proprietor.
    • The effective date of the above amendment in Rule 10A and 96C is yet to be notified.

Aadhar authentication for registered person
  • Notification No. 35/2021–CT, Dt. 24th September 2021.
    • New rule 10B has been introduced to state provisions related to Aadhar authentication.
    • The registered person, who has been issued a certificate of registration, shall undergo authentication of the Aadhar number of
      • the proprietor, in the case of proprietorship firm, or
      • Any partner, in the case of a partnership firm, or
      • Karta, in the case of a Hindu undivided family, or
      • The Managing Director or any whole-time Director, in the case of a company, or
      • Any of the Members of the Managing Committee of an Association of persons or body of individuals or a Society, or
      • The Trustee in the Board of Trustees, in the case of a Trust and
      • The authorized signatory,
    • In order to be eligible for the purposes as specified in column (2) of the Table below:
  • S No    Purpose
         (1)     (2)
    1.  
    		 For filing of an application for revocation of cancellation
    1.  
    		 For filing of refund application under rule 89
    1.  
    		 For a refund under rule 96 of the IGST paid on goods exported out of India
         
  • If Aadhaar number has not been assigned to the person required to undergo authentication of the Aadhaar number, such person shall furnish the following identification documents, namely: –
    • her/his Aadhaar Enrolment ID slip; and
    • Bank passbook with photograph; or
    • Voter identity card issued by the Election Commission of India; or
    • Passport; or
    • Driving license issued by the Licensing Authority under the Motor Vehicles Act, 1988 (59 of 1988)
  • Such a person shall undergo the authentication of the Aadhaar number within a period of thirty days (30) of the allotment of the Aadhaar number.
  • Aadhar authentication of registration made mandatory for being eligible for filing refund claims and application for revocation of cancellation of registration.
  • The effective date of rule 10B is yet to be notified.
Relaxation in the requirement of filing FORM GST ITC - 04 (Jobwork) w.e.f 01.10.21
  • Notification No. 35/2021–CT, Dt. 24th September 2021.
    • With effect from 1st October 2021, the requirement of filing FORM GST ITC-04 under rule 45 (3) of the CGST Rules has been relaxed as under:
       
    • Sr No Aggregate Turnover Period of furnishing ITC-04
      1.  
      		 Above 5Cr Once in 6 months
      1.  
      		 Below 5Cr Annually

Blocking of GSTR-1 in case GSTR-3B is not filled w.e.f 01.10.21
  • Notification No. 35/2021–CT, Dt. 24th September 2021.
    • With effect from 1st January 2022, a registered person shall not be allowed to furnish the details of outward supplies of goods or services or both in FORM GSTR-1, if he has not furnished the return in FORM GSTR-3B for the preceding month.
    • Similarly, for quarterly return filers, if the taxpayer fails to file GSTR 3B for the preceding quarter, he shall not be permitted to file GSTR 1 of the subsequent quarter.
The time limit for filing of refund tax paid in the wrong head (Section 77 of CGST Act/ Section 19 of IGST Act)
  • Notification No. 35/2021–CT, Dt. 24th September 2021.
  • Circular No. 162/18/2021–GST, Dt. 25th September 2021.
    • Section 77 of the CGST Act and Section 19 of the IGST Act, 2017 provide that in case a supply earlier considered by a taxpayer as intra-State or inter-State, is subsequently held as inter-State or intra-State respectively, the amount of central and state tax paid or integrated tax paid, as the case may be, on such supply shall be refunded
    • In order to prescribe the manner and conditions for refund under section 77 of the CGST Act and section 19 of the IGST Act, sub-rule (1A) has been inserted after sub-rule (1) of rule 89 of the CGST Rules, 2017.
    • As per rule 89(1A) any person, claiming refund of any tax paid by him, in respect of a transaction considered by him to be an intra-State supply, which is subsequently held to be an inter-State supply or vice versa (i.e. CGST/SGST paid instead of IGST or vice versa) may, before the expiry of a period of two years from the date of payment of the correct tax, file an application electronically in FORM GST RFD-01 through the common portal.
    • However, in cases, where the taxpayer has made the payment in the correct head before the date of issuance of notification No.35/2021-Central Tax dated 24.09.2021, the refund application under section 77 of the CGST Act/ section 19 of the IGST Act can be filed before the expiry of two years from the date of issuance of the said notification. i.e. from 24.09.2021.
    • Refund under section 77 of the CGST Act/section 19 of the IGST Act would not be available where the taxpayer has made tax adjustment through the issuance of credit note under section 34 of the CGST Act in respect of the said transaction.
Exemption from Aadhar Authentication
  • Notification No. 36/2021–CT, Dt. 24th September 2021.
    • As per Section 25(Procedure for registration), every registered person shall undergo authentication, or furnish proof of possession of the Aadhar number, if an Aadhaar number is not assigned to the registered person, such person shall be offered alternate and viable means of identification.
    • The above provisions of section 25(Procedure for registration) for Aadhar authentication shall not apply to the following class of persons who is:
      • Not a citizen or
      • A Department of Central/State Government or
      • Local authority or
      • A statutory body or
      • A public sector undertaking
The information provided herein is for imparting knowledge on the subject and should not be construed as a legal opinion. The readers may seek professional advice prior to acting upon any of the information provided herein.
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