GST Latest Notifications

With each passing year, Goods and Services Tax (GST) law is trying to stabilize. Remarkably, GST collection for the last Financial Year i.e. 1st April 2022 to 31st March 2023 has touched the new height of INR 18 Lakhs Crores. Notably, the total collection for the Financial Year 2022-2023 is INR 18,07,679 Crores.

Looking at the work front, the Central Board of Indirect Taxes and Customs (CBIC) ended the Financial Year 2022-2023 by issuing in all 8 notifications on the last day i.e. 31st March 2023.

Let us go through the effect of all the said latest notifications in GST issued under GST and also other recent developments carried out under GST.

Latest notifications in GST : Amnesty to GSTR-4 non-filers

GST latest notifications for GSTR-4

Notification no. 02/2023- Central Tax dated 31st March 2023 came up with the amnesty to GSTR-4 non-filers. The Amnesty scheme 2023 is summarized hereunder

Particulars

Details

Eligibility criteria

Persons who has failed to furnish GSTR-4 returns for any of the following periods –

  • Quarters – from July 2017 to March 2019;
  • Financial Year 2019-2020 to 2021-2022.

Amnesty

Late fees payable will be

  • Cases, wherein, the total amount of central tax payable is NIL – no late fees payable;
  • Any other caseLate fees payable = Rs. 500 i.e. Rs. 250 under CGST + Rs. 250 under SGST.

Conditions

Pending returns in GSTR-4 should be furnished between the period of 1st April 2023 to 30th June 2023.

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Latest notifications in GST in case of an application for revocation of cancellation of GST registration

Notification no. 03/2023- Central Tax dated 31st March 2023 provided special procedure regarding specified revocation of cancellation of GST registration

Particulars

Details

Applicability

The registration of the person is cancelled on or before 31st December 2022 under any of the following circumstances –

  • Registration of the person is cancelled under section 29(2)(b) of the Central Goods and Services Tax Act (registration of composition scheme dealer is cancelled on account of failure to furnish a return for the respective Financial Year post three months from the due date); or
  • Registration of the person is cancelled under section 29(2)(c) of the Central Goods and Services Tax Act (registration of the registered person other than composition scheme dealer is cancelled on account of failure to furnish a return for the continuous tax period as prescribed).

Special procedure

The eligible registered person (as per the criteria stated above) can apply for revocation of cancellation of registration by following the below special procedure –

  • Revocation application should be filed on or before 30.06.2023;
  • All the pending due returns should be furnished before submitting the revocation application;
  • All the pending payments (tax, interest, penalty, fee or any other amount) should be paid before submitting the revocation application.

Central Goods and Services Tax (Amendment) Rules, 2023

Central Goods and Services Tax (Amendment) Rules, 2023 are notified vide notification no. 04/2023- Central Tax dated 31st March 2023. However, the amendment is made effect retrospectively from 26th December 2022.

The said amendment rules, substituted provisions of rule 8(4A) of the Central Goods and Services Tax Rules, 2017. The substituted rule provides the general provisions relating to Aadhar authentication and also Bio-metric based Aadhar authentication.

Notably, Bio-metric based Aadhar authentication as well as risk-based verification of the registration application in form GST REG-01 is currently made applicable as a pilot trial only to the State of Gujarat.

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Amnesty for deemed withdrawal of assessment

Amnesty for deemed withdrawal

Notification no. 06/2023- Central Tax dated 31st March 2023 came up with amnesty to the registered person who failed to furnish a required return. The said Amnesty is summarized hereunder

Particulars

Details

Eligibility criteria

  • The registered person should have failed to furnish a valid return within 30 days from the assessment order issued u/s. 62(1) of the Central Goods and Services Tax Act, 2017; and
  • Such an assessment order should have been issued on or before 28th February 2023.

Amnesty

The assessment order issued u/s. 62(1) of the Central Goods and Services Tax Act, 2017 shall be deemed to have been withdrawn provided the registered person follows the prescribed special procedure.

Special Procedure

  • The registered person should furnish a valid return on or before 30th June 2023;
  • Such valid return should be furnished along with payment of required interest as per section 50(1) of the Central Goods and Services Tax Act, 2017 and also payment of late fee as per section 47 of the Central Goods and Services Tax Act, 2017.

GSTR-9 Amnesty and Late fee rationalization

Notification no. 07/2023- Central Tax dated 31st March 2023 came up with the following two changes

  • Late fee rationalization for GSTR-9
    The revised late fee payable in case of late filing of return in GSTR-9 is tabulated hereunder

Read our whole article on GSTR-9 applicability and understand the late fee applicability, turn over limit and format

Aggregate Turnover

Revised late fee payable

Aggregate turnover up to Rs. 5 Crores

Rs. 50 per day

[Rs. 25 CGST + Rs. 25 SGST]

 Maximum late fees payable is limited to 0.04% (0.02% under CGST +0.02% under SGST) of the turnover in the State/Union Territory.

Aggregate turnover of more than Rs. 5 Crores up to Rs. 20 Crores

Rs. 100 per day [Rs. 50 CGST + Rs. 50 SGST] Maximum late fees payable is limited to 0.04% (0.02% under CGST +0.02% under SGST) of the turnover in the State/Union Territory.

Aggregate turnover of more than Rs. 20 Crores

  • The registered person should furnish a valid return on or before 30th June 2023;
  • Such valid return should be furnished along with payment of required interest as per section 50(1) of the Central Goods and Services Tax Act, 2017 and also payment of late fee as per section 47 of the Central Goods and Services Tax Act, 2017.

What are the new changes in GST 2023?

  • Amnesty to GSTR-9 non-filers
    The registered person has failed to furnish the return in GSTR-9 for any of the Financial Years i.e. 2017-18, 2018-19, 2019-20 and/ or 2021-22. Then, such pending returns can be furnished by payment of the reduced late fee in the following manner
  1. Pending returns should be furnished between the period 1st April 2023 to 30th June 2023; and
  2. Late fees payable will be Rs. 20,000 (i.e. Rs. 10,000 under CGST + Rs. 10,000 under SGST).

Amnesty to GSTR-10 (Final Return) non-filers

As per notification no. 08/2023- Central Tax dated 31st March 2023, reduction in late fees to non-filers of GSTR-10 is provided. Accordingly, late fees payable will be Rs. 1,000 (Rs. 500 under CGST + Rs. 500 under SGST) provided pending final return in GSTR-10 is furnished between the period of 1st April 2023 to 30th June 2023.

Extension of limitation u/s. 168A of the Central Goods and Services Tax Act, 2017

Time limit for issuance of an order under section 73(9) of the Central Goods and Services Tax Act, 2017 has been extended, vide notification no. 09/2023- Central Tax dated 31st March 2023, in the following manner

  • In the case of Financial Year 2017-2018 – the time limit is extended up to 31st December 2023;
  • In the case of Financial Year 2018-2019 – the time limit is extended up to 31st March 2024;
  • In the case of Financial Year 2019-2020 – the time limit is extended up to 30th June 2024.

Recent developments relating to Compensation Cess on tobacco products

GST latest notifications on tobacco product

Vide notification no. 01/2023- Compensation Cess dated 31st March 2023, the Compensation Cess rate on tobacco and tobacco products as well as pan masala has been converted to specific tax linked to the Retail Sale Price. Notably, the said amendment is made effective from 1st April 2023.

Further, vide notification no. 2/2023- Compensation Cess (Rate) dated 31st March 2023, the effective rates as applicable to tobacco and tobacco products as well as pan masala are notified. The new rates are effective from 1st April 2023. The effective rates are tabulated hereunder

Chapter Heading

Description of goods

Notified rates as effective from 1st April 2023

2106 9020

Pan Masala

0.32R per unit

2401

Unmanufactured tobacco [without lime tube (bearing a brand name)]

0.36R per unit

2401

Unmanufactured tobacco [with lime tube (bearing a brand name)]

0.36R per unit

2401 30 00

Tobacco refuse (bearing a brand name)

0.32R per unit

2403 11 10

Hookah/ Gudaku tobacco (bearing a brand name)

0.36R per unit

2403 11 10

Tobacco used for smoking, chilam or hookah commonly known as hookah, gudaku, or tobacco (not bearing a brand name)

0.12R per unit

2403 11 90

Other water pipe smoking tobacco (not bearing a brand name)

0.08R per unit

2403 11 90

Smoking mixture for cigarettes and pipes

0.69R per unit

2403 19 90

Other smoking tobacco (bearing a brand name)

0.28R per unit

2403 19 90

Other smoking tobacco (not bearing a brand name)

0.08R per unit

2403 91 00

Homogenised or reconstituted tobacco (bearing a brand name)

0.36R per unit

2403 99 10

Chewing tobacco without lime tube

0.56R per unit

2403 99 10

Chewing tobacco with lime tube

0.56R per unit

2403 99 10

Filter khaini

0.56R per unit

2403 99 20

Preparations containing chewing tobacco

0.36R per unit

2403 99 30

Jarda Scented tobacco

0.56R per unit

2403 99 40

Snuff

0.36R per unit

2403 99 50

Preparations containing snuff

0.36R per unit

2403 99 60

Tobacco extracts and essence (bearing a brand name)

0.36R per unit

2403 99 60

Tobacco extracts and essence (not bearing a brand name)

0.36R per unit

2403 99 70

Cut tobacco

0.14R per unit

2403 99 90

Pan Masala containing tobacco Gutkha

0.61R per unit

2403 99 90

All goods (other than pan masala) containing tobacco gutkha (bearing a brand name)

0.43R per unit

2403 99 90

All goods (other than pan masala) containing tobacco gutkha (not bearing a brand name)

0.43R per unit


CA Poonam Gandhi

About the author

Poonam Gandhi is a Chartered Accountant and a Lawyer. She is a Professional Freelance Content Writer/ Editor and an Educator.

She masters in creating result-oriented as well as Search Engine Oriented Content. Currently, she is associated with some of the topmost leading sites of India.

She holds more than 3 years of experience in the content field. Before entering the content writing field, she possessed a wide practice experience of more than 9 years, specifically, in the field of Indirect Taxation.

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