Weekly Updates [26 September – 02 October, 2020 – 170th Week of GST]

Several notifications have been issued by the CG in this week. We will discuss each one of them in the following article:

Notfn. No.SubjectEffective from (the earliest date)…69/2020 – CTExtension of due date for furnishing annual return u/s 44 of the CGSTA, 2017 for the FY 2018-19 till 31 October, 2020 30 September, 202070/2020 – CTAmendment to Notfn. No. 13/2020 – CT, pertaining to e-invoicing30 September, 202071/2020 – CTExtension of the date of implementation of dynamic QR code for B2C invoices30 September, 202072/2020 – CTAmendment to CGST Rules, 201730 September, 202073/2020 – CTNotification of a special procedure for taxpayers for issuance of e-invoices in the month of October, 202001 October, 202004/2020 – CT(R)/ IT(R) Extension of GST exemption on services of transportation of goods by air/ sea from customs station of clearance in India to a place outside India01 October, 2020

Notfn. No. 69/2020 – CT

Vide this notification, the CG has further amended Notfn. No. 41/2020 – CT, in order to further extend the due date for furnishing the annual return for the FY 2018-19 till 31 October 2020.

Notfn. No. 70/2020 – CT

In order to clarify the doubts being raised regarding the provisions of e-invoicing notified vide Notfn. No. 13/2020 – CT, the CG has issued this notification to amend and insert certain necessary phrases.

It has been clarified that for the purpose of determining the eligibility of a registered person for e-invoicing, the aggregate turnover in any preceding FY from 2017-18 onwards shall be compared with the threshold limit.

Moreover, it has also been notified that the provisions of e-invoicing shall be applicable on export transactions as well.

Notfn. No. 71/2020 – CT

Through this notification, the CG has amended the provisions of the erstwhile issued Notfn. No. 14/2020 – CT, in order to provide that for the purpose of determining the eligibility of a registered person for the applicability of the aforesaid notification (insertion of Dynamic QR code on invoices issued for B2C transactions), the aggregate turnover in any preceding FY from 2017-18 onwards shall be compared with the threshold limit.

Further the CG has deferred the applicability of the aforesaid notification to 01 December, 2020.

Notfn. No. 72/2020 – CT

Vide this notification, the CG has further amended the CGST Rules, 2017 in the following manner:

In Rule 46, a new clause (r) shall be inserted to provide that a QR code, with embedded IRN in it, shall also be an essential particular of a valid invoice in case the invoice has been issued in the manner prescribed u/r 48(4).A proviso shall be inserted to Rule 48(4), providing that the Commissioner may notify a person or a class of persons who shall be exempt from issuance of invoice under this sub-rule for a specified period, subject to notified conditions and restrictions.Sub-rule (2) of Rule 138A shall be substituted to provide that in case an invoice is issued u/r 48(4), the QR code, having an embedded IRN in it, may be produced electronically in lieu of the physical copy of such tax invoice for verification by the PO.

Notfn. No. 73/2020 – CT

Considering October, 2020 to be the first month of enforcement of Rule 48(4) of the CGST Rules, 2017, i.e. implementation of e-invoicing provisions, it was observed that several registered persons, who were required to issue invoices under the aforesaid provisions, were facing difficulty in the same. As a result, invoices were issued without obtaining the IRNs from the government portal.

Vide this notification, the CG has notified a special procedure for such registered persons for the invoices issued during the period from 01 to 31 October, 2020. The said persons shall obtain an IRN for such invoices by uploading the specified particulars in FORM GST INV – 01 on the common GST e-portal within 30 days of such invoice, failing which the same shall not be treated as an invoice.

Notfn. No. 04/2020 – CT(R) / IT(R)

Vide these notifications, the CG has amended the exemption notification 12/2017 – CT(R) [9/2017 – IT(R)], in order to further extend the exemption provided on services of transportation of goods/ services by an aircraft from customs station of clearance in India to a place outside India till 30 September, 2021.

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