INCOME TAX NEWS AND UPDATE

Notification No. 95/2019 [F.No.370142/15/2019-TPL] / GSR 825(E) : Income-tax (12th Amendment) Rules, 2019

Explanation: Please refer to the following link to get complete update. https://www.incometaxindia.gov.in/communications/notification/notification_95_2019.pdf

Notification No. 94/2019 [F.No.187/9/2019-ITA-I] / SO 4004(E) : Notification No. 94/2019 [F.No.187/9/2019-ITA-I] / SO 4004(E)

8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] NOTIFICATION New Delhi, the 5th November, 2019 (INCOME-TAX) S.O. 4004(E).—

In exercise of the powers conferred by sub-sections (1) and (2) of section 120 read with section 295 of the Income-tax Act, 1961 (43 of 1961) the Central Board of Direct Taxes hereby makes the following amendments in the notification of the Ministry of Finance, Department of Revenue (Central Board of Direct Taxes), published in the Official Gazette vide number S.O. 3125(E), dated the 10th December, 2014 (hereinafter referred to as the said notification), namely: –

1. In the said notification, in Schedule –II, against the entries in serial number 6, in column (4), for the words “Jammu and Kashmir”, the words “the Union territory of Jammu and Kashmir, Union territory of Ladakh” shall be substituted.

2. This notification shall be deemed to have come into force with effect from the 31st day of October, 2019. [Notification No. 94 /2019/F. No. 187/9/2019-ITA-I) PRAJNA PARAMITA, Director Explanatory Memorandum : It is hereby certified that no person is being adversely affected by giving retrospective effect to this notification. Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, section 3, Sub-section (ii) vide number S.O. 3125(E), dated the 10th December, 2014. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

Notification No. 93/2019 [F.No.187/9/2019-ITA-I] / SO 4003(E) : Notification No. 93/2019 [F.No.187/9/2019-ITA-I] / SO 4003(E)

NOTIFICATION New Delhi, the 5th November, 2019 (INCOME-TAX) S.O. 4003(E).—

In exercise of the powers conferred by sub-sections (1) and (2) of section 120 read with section 295 of the Income-tax Act, 1961 (43 of 1961) the Central Board of Direct Taxes hereby makes the following amendments in the notification of the Ministry of Finance, Department of Revenue (Central Board of Direct Taxes), published in the Official Gazette vide number S.O. 2914(E), dated the 13th November, 2014 (hereinafter referred to as the said notification), namely:-

1. In the said notification, in the Schedule, against the entries in serial number 4, in column (6), for the words “Jammu and Kashmir”, the words “the Union territory of Jammu and Kashmir and the Union territory of Ladakh” shall be substituted. 2. This notification shall be deemed to have come into force with effect from the 31st day of October, 2019.

[Notification No. 93 /2019 /F.No. 187/9/2019-ITA-I] PRAJNA PARAMITA, Director Explanatory Memorandum : It is hereby certified that no person is being adversely affected by giving retrospective effect to this notification. Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, section 3, Sub-section (ii) vide number S.O. 2914(E), dated the 13th November, 2014.

Notification No. 92/2019 [F.No.187/9/2019-ITA-I] / SO 4002(E) : Notification No. 92/2019 [F.No.187/9/2019-ITA-I] / SO 4002(E)

NOTIFICATION New Delhi, the 5th November, 2019 (INCOME-TAX) S.O. 4002(E).—

In exercise of the powers conferred by sub-sections (1) and (2) of section 120 read with section 295 of the Income-tax Act, 1961 (43 of 1961) the Central Board of Direct Taxes hereby makes the following amendments in the notification of the Ministry of Finance, Department of Revenue (Central Board of Direct Taxes), published in the Official Gazette vide number S.O. 2816(E), dated the 3rd November, 2014 (hereinafter referred to as the said notification), namely:-

1. In the said notification, in the Schedule, for the words “Jammu and Kashmir”, wherever they occur, the words “the Union territory of Jammu and Kashmir, Union territory of Ladakh” shall be substituted.

2. This notification shall be deemed to have come into force with effect from the 31st day of October, 2019. [Notification No. 92 /2019/F.No. 187/9/2019-ITA-I] PRAJNA PARAMITA, Director Explanatory Memorandum : It is hereby certified that no person is being adversely affected by giving retrospective effect to this notification. Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, section 3, Subsection (ii) vide number S.O. 2816(E), dated the 3rd November, 2014

Notification No. 91/2019 [F.No.187/9/2019-ITA-I] / SO 4001(E) : Notification No. 91/2019 [F.No.187/9/2019-ITA-I] / SO 4001(E)

NOTIFICATION New Delhi, the 5th November, 2019 (INCOME-TAX) S.O. 4001(E).—

In exercise of the powers conferred by sub-sections (1) and (2) of section 120 read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following amendments in the notification of the Ministry of Finance, Department of Revenue (Central Board of Direct Taxes), published in the Official Gazette vide number S.O. 2814(E), dated the 3rd November, 2014 (hereinafter referred to as the said notification), namely:-

1. In the said notification, in the Schedule, against the entries in serial number 2, in column (4) in item number (ii), for the words “Jammu and Kashmir”, the words “the Union territory of Jammu and Kashmir, Union territory of Ladakh” shall be substituted.

2. This notification shall be deemed to have come into force with effect from the 31st day of October, 2019. [Notification No. 91 /2019/F.No. 187/9/2019-ITA-I] PRAJNA PARAMITA, Director Explanatory Memorandum : It is hereby certified that no person is being adversely affected by giving retrospective effect to this notification. Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, section 3, Subsection (ii) vide number S.O. 2814(E), dated the 3rd November, 2014.

GST NEWS AND UPDATE

51/2019-Central Tax ,dt. 31-10-2019

Seeks to amend notification no. 2/2017- Central Tax in order to notify jurisdiction of Jammu Commissionerate over UT of J&K and UT of Ladakh

50/2019-Central Tax ,dt. 24-10-2019

Seeks to extend the last date for filing of FORM GST CMP-08 for the quarter July-September 2019 by four days from 18.10.2019 till 22.10.2019.

Explanation : To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)] Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 50/2019 – Central Tax New Delhi, the 24th October, 2019 G.S.R……(E). – In exercise of the powers conferred by section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 21/2019- Central Tax, dated the 23rd April, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 322(E), dated the 23rd April, 2019, namely:– In the said notification, in paragraph 2, after the first proviso, the following proviso shall be inserted, namely: – “Provided further that the due date for furnishing the statement containing the details of payment of self-assessed tax in said FORM GST CMP-08, for the quarter July, 2019 to September, 2019, or part thereof, shall be the 22nd day of October, 2019.”. 2. This notification shall be deemed to have come into force with effect from the 18th day of October, 2019. [F. No. 20/06/07/2019-GST] (Ruchi Bisht) Under Secretary to the Government of India Note: – The principal notification No. 21/2019-Central Tax, dated the 23rd April, 2019 was published in the Gazette of India, Extraordinary, vide number G.S.R. 322(E), dated the 23rd April, 2019 and was last amended by notification No. 35/2019-Central Tax, dated the 29th July, 2019, published in the Gazette of India, Extraordinary, vide number G.S.R. 534(E), dated the 29th July, 2019.

49/2019-Central Tax ,dt. 09-10-2019

Seeks to carry out changes in the CGST Rules, 2017.

Explanation: [To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)] Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 49/2019 – Central Tax New Delhi, the 9 th October, 2019 G.S.R……(E). – In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:- 1. (1) These rules may be called the Central Goods and Services Tax (Sixth Amendment) Rules, 2019. (2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette. 2. In the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), in rule 21A,- (a) in sub-rule (3), the following explanation shall be inserted, namely:- “Explanation.-For the purposes of this sub-rule, the expression “shall not make any taxable supply” shall mean that the registered person shall not issue a tax invoice and, accordingly, not charge tax on supplies made by him during the period of suspension.”; (b) after sub-rule (4), the following sub-rule shall be inserted, namely:- “(5) Where any order having the effect of revocation of suspension of registration has been passed, the provisions of clause (a) of sub-section (3) of section 31 and section 40 in respect of the supplies made during the period of suspension and the procedure specified therein shall apply.”. 3. In the said rules, in rule 36, after sub-rule (3), the following sub-rule shall be inserted, namely:- “(4) Input tax credit to be availed by a registered person in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37, shall not exceed 20 per cent. of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers under sub-section (1) of section 37.”. 4. In the said rules, in rule 61,- (a) for sub-rule (5), the following sub-rule shall be substituted, with effect from the 1st July, 2017 namely:- “(5) Where the time limit for furnishing of details in FORM GSTR-1 under section 37 or in FORM GSTR-2 under section 38 has been extended, the return specified in sub-section (1) of section 39 shall, in such manner and subject to such conditions as the Commissioner may, by notification, specify, be furnished in FORM GSTR-3B electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner: Provided that where a return in FORM GSTR-3B is required to be furnished by a person referred to in sub-rule (1) then such person shall not be required to furnish the return in FORM GSTR-3.”; (b) sub-rule (6) shall be omitted with effect from the 1st July, 2017. 5. In the said rules, in rule 83A, in sub-rule (6), for clause (i), the following clause shall be substituted, namely:- “(i) Every person referred to in clause (b) of sub-rule (1) of rule 83 and who is enrolled as a goods and services tax practitioner under sub-rule (2) of the said rule is required to pass the examination within the period as specified in the second proviso of sub-rule (3) of the said rule.”. 6. In the said rules, in rule 91, – (a) in sub-rule (3), with effect from the 24th September, 2019, after the words “application for refund”, the words “on the basis of a consolidated payment advice:” shall be inserted; (b) after the sub-rule (3), with effect from the 24th September, 2019, the following sub-rule shall be inserted, namely:- “(4) The Central Government shall disburse the refund based on the consolidated payment advice issued under sub-rule (3).”. 7. In the said rules, in rule 97, – (a) after sub-rule (7), with effect from the 1st July, 2017, the following sub-rule shall be inserted, namely,- “(7A) The Committee shall make available to the Board 50 per cent. of the amount credited to the Fund each year, for publicity or consumer awareness on Goods and Services Tax, provided the availability of funds for consumer welfare activities of the Department of Consumer Affairs is not less than twenty-five crore rupees per annum.”; (b) in sub-rule (8), with effect from the 1st July, 2017, clause (e) shall be omitted. 8. In the said rules, in rule 117, – (a) in sub-rule (1A) for the figures, letters and word “31st March, 2019”, the figures, letters and word “31st December, 2019” shall be substituted. (b) in sub-rule (4), in clause (b),in sub-clause (iii), in the proviso for the figures, letters and word “30th April, 2019”, the figures, letters and word “31st January, 2020” , shall be substituted. 9. In the said rules, in rule 142, – (a) after sub-rule (1) the following sub-rule shall be inserted, namely:- “(1A) The proper officer shall, before service of notice to the person chargeable with tax, interest and penalty, under sub-section (1) of Section 73 or sub-section (1) of Section 74, as the case may be, shall communicate the details of any tax, interest and penalty as ascertained by the said officer, in Part A of FORM GST DRC-01A.”; (b) in sub-rule (2), after the words “in accordance with the provisions of the Act”, the words, figures and brackets “, whether on his own ascertainment or, as communicated by the proper officer under sub-rule (1A),” shall be inserted; (c) after sub-rule (2) the following sub-rule shall be inserted, namely:- “(2A) Where the person referred to in sub-rule (1A) has made partial payment of the amount communicated to him or desires to file any submissions against the proposed liability, he may make such submission in Part B of FORM GST DRC-01A.” . 10. In the said rules, after FORM GST DRC-01, the following form shall be inserted, namely:- “FORM GST DRC-01A Intimation of tax ascertained as being payable under section 73(5)/74(5) [See Rule 142 (1A)] Part A No.: Date: Case ID No. To GSTIN………………………… …Name……………………… …… Address……………………… … Sub.: Case Proceeding Reference No………………- Intimation of liability under section 73(5)/section 74(5) – reg. Please refer to the above proceedings. In this regard, the amount of tax/interest/penalty payable by you under section 73(5) / 74(5) with reference to the said case as ascertained by the undersigned in terms of the available information, as is given below: Act Period Tax CGST Act SGST/UTGST Act IGST Act Cess Total The grounds and quantification are attached / given below: You are hereby advised to pay the amount of tax as ascertained above alongwith the amount of applicable interest in full by …….. , failing which Show Cause Notice will be issued under section 73(1). You are hereby advised to pay the amount of tax as ascertained above alongwith the amount of applicable interest and penalty under section 74(5) by …….. , failing which Show Cause Notice will be issued under section 74(1). In case you wish to file any submissions against the above ascertainment, the same may be furnished by……… in Part B of this Form Proper Officer Signature……………… … Name…………………… … Designation…………… … Upload Attachment Part B Reply to the communication for payment before issue of Show Cause Notice [See Rule 142 (2A)] No.: Date: To Proper Officer, Wing / Jurisdiction. Sub.: Case Proceeding Reference No………………- Payment/Submissions in response to liability intimated under Section 73(5)/74(5) – reg. Please refer to Intimation ID…………… in respect of Case ID……………….vide which the liability of tax payable as ascertained under section 73(5) / 74(5) was intimated. In this regard, A. this is to inform that the said liability is discharged partially to the extent of Rs. …………… through …………..………and the submissions regarding remaining liability are attached / given below: OR B. the said liability is not acceptable and the submissions in this regard are attached / given below: Authorised Signatory Name…………………………… GSTIN…………………………… Address………………………… Upload Attachment”. [F. No. 20/06/07/2019-GST] (Ruchi Bisht) Under Secretary to the Government of India Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification No. 3/2017-Central Tax, dated the 19th June, 2017, published vide number G.S.R. 610 (E), dated the 19th June, 2017 and last amended vide notification No. 33/2019 – Central Tax, dated the 18th July, 2019, published vide number G.S.R. 513 (E), dated the 18th July, 2019.

48/2019-Central Tax ,dt. 09-10-2019

Seeks to amend notification No. 41/2019 – Central Tax, dated the 31st August, 2019.

47/2019-Central Tax ,dt. 09-10-2019

Seeks to make filing of annual return under section 44 (1) of CGST Act for F.Y. 2017-18 and 2018-19 optional for small taxpayers whose aggregate turnover is less than Rs 2 crores and who have not filed the said return before the due date.

Explanation : [To be published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i)] Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs Notification No. 47/2019 – Central Tax New Delhi, the 9 th October, 2019 G.S.R……(E).— In exercise of the powers conferred by section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act), the Central Government, on the recommendations of the Council, hereby notifies those registered persons whose aggregate turnover in a financial year does not exceed two crore rupees and who have not furnished the annual return under sub-section (1) of section 44 of the said Act read with sub-rule (1) of rule 80 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules) before the due date, as the class of registered persons who shall, in respect of financial years 2017-18 and 2018-19, follow the special procedure such that the said persons shall have the option to furnish the annual return under sub-section (1) of section 44 of the said Act read with sub-rule (1) of rule 80 of the said rules: Provided that the said return shall be deemed to be furnished on the due date if it has not been furnished before the due date. [F. No. 20/06/07/2019-GST] (Ruchi Bisht) Under Secretary to the Government of India.

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