VAROUS AMENDMENTS RELATED TO
E-WAY BILL AND IRP/IP REGISTRATION BY CENTRAL BOARD OF INDIRECT TAXES AND
CUSTOMS DATED 05.05.2020
Various recommendations were
received my Ministry due to which it decided to Amend various regulations. Key
highlights are as follows:
CENTRAL BOARD OF INDIRECT TAXES
AND CUSTOMS
vide Notification No. 38/2020–Central Tax dated 5th May, 2020 amended Central
Goods and Services Tax (Fifth Amendment)
Rules,
2020 as follows:
In the Central Goods and Services
Tax Rules, 2017 (hereinafter referred to as the said rules), with effect from
the 21st
April, 2020, in rule
26 in sub-rule (1), after the proviso, following proviso shall be inserted,
namely: -
―Provided further that a
registered person registered under the provisions of the Companies Act, 2013
(18 of 2013) shall, during the period from the 21st day of April, 2020 to the 30th day of June, 2020, also be
allowed to furnish the return under section 39 in FORM GSTR-3B verified through
electronic verification code (EVC).
3. In the said rules, after rule
67, with effect from a date to be notified later, the following rule shall be
inserted, namely: -
67A. Manner of furnishing of
return by short messaging service facility.- Notwithstanding anything contained in this
Chapter, for a registered person who is required to furnish a Nil return under
section 39 in FORM GSTR-3B for a tax period, any reference to electronic
furnishing shall include furnishing of the said return through a short
messaging service using the registered mobile number and the said return shall
be verified by a registered mobile number based One Time Password
facility.
Explanation. - For the purpose of this rule,
a Nil return shall mean a return under section 39 for a tax
period
that has nil or no entry in all the Tables in FORM GSTR-3B.
CENTRAL BOARD OF INDIRECT TAXES
AND CUSTOMS
vide Notification No. 39/2020–Central Tax dated 5th May, 2020 hereby makes the
following amendments in the notification of the Government of India in the Ministry
of Finance (Department of Revenue), No.11/2020- Central Tax, dated the 21st March, 2020, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide
number G.S.R. 194(E), dated the 21st March,
2020, namely:—
In the said notification
(i) in the first paragraph, the
following proviso shall be inserted, namely: -
―Provided that the said class of
persons shall not include those corporate debtors who have furnished the
statements under section 37 and the returns under section 39 of the said Act
for all the tax periods prior to the appointment of IRP/RP.
(ii) for the paragraph 2, with
effect from the 21st
March, 2020, the
following paragraph shall be substituted, namely
―2. Registration.- The
said class of persons shall, with effect from the date of appointment of IRP /
RP, be treated as a distinct person of the corporate debtor, and shall be
liable to take a new registration (hereinafter referred to as the new
registration)in each of the States or Union territories where the corporate
debtor was registered earlier, within thirty days of the appointment of the
IRP/RP or by 30th June, 2020, whichever is later:.
CENTRAL BOARD OF INDIRECT TAXES
AND CUSTOMS
vide Notification No. 40/2020–Central Tax dated 5th May, 2020 hereby makes the
following amendment in the notification of the
Government of India in the
Ministry of Finance (Department of Revenue), No.35/2020- Central Tax,
dated the 3rd April, 2020,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Subsection (i), vide number G.S.R. 235(E), dated the 3rd April, 2020, namely:-
In the said notification, in the
first paragraph, in clause (ii), the following proviso shall be inserted,
namely: -
Provided that where an e-way bill
has been generated under rule 138 of the Central Goods and Services Tax Rules,
2017 on or before the 24th day of March, 2020 and its period of validity
expires during the period 20th day of March, 2020 to the 15th day of April,
2020, the validity period of such
e-way bill shall be deemed to
have been extended till the 31st day of May, 2020.
CENTRAL BOARD OF INDIRECT TAXES
AND CUSTOMS
vide Notification No. 41/2020–Central Tax dated 5th May, 2020 hereby In exercise
of the powers conferred by sub-section (1) of section 44 of the Central Goods
and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification
referred to as the said Act), read with rule 80 of the Central Goods and
Services Tax Rules, 2017 (hereafter in this notification referred to as the
said rules), and in supersession of notification No. 15/2020-Central Tax, dated
the 23rd March, 2020, published in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i), vide number G.S.R. 198(E), dated the 23rd
March, 2020, except as respects things done or omitted to be done before such
supersession, the Commissioner, on the recommendations of the Council, hereby
extends the time limit for furnishing of the annual return specified under
section 44 of the said Act read with rule 80 of the said rules, electronically
through the common portal, for the financial year 2018-2019 till the 30th
September, 2020.
CENTRAL BOARD OF INDIRECT TAXES
AND CUSTOMS
vide Notification No. 42/2020–Central Tax dated 5th May, 2020 hereby amends In
exercise of the powers conferred by section 168 of the Central Goods and Services
Tax Act, 2017 (12 of 2017) read with sub-rule (5) of rule 61 of the Central
Goods and Services Tax Rules, 2017, the Commissioner, on the recommendations of
the Council, hereby makes the following further amendments in the notification
of the Government of India in the Ministry of Finance (Department of Revenue),
No.44/2019 – Central Tax, dated the 9th October, 2019, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R.767(E), dated the 9th October, 2019, namely:–
In the said notification, in the
first paragraph, for the sixth proviso, the following provisos shall be
substituted, namely: –
Provided also that the return in FORM
GSTR-3B of the said rules for the months of November,
2019 to February, 2020 for
registered persons whose principal place of business is in the Union
territory of Jammu and Kashmir,
shall be furnished electronically through the common portal, on or
before the 24th March, 2020:
Provided also that the return in FORM
GSTR-3B of the said rules for the months of November, 2019
to December, 2019 for registered
persons whose principal place of business is in the Union territory of
Ladakh, shall be furnished
electronically through the common portal, on or before the 24th March,
2020:
Provided also that the return in FORM
GSTR-3B of the said rules for the months of January, 2020 to
March, 2020 for registered
persons whose principal place of business is in the Union territory of
Ladakh, shall be furnished
electronically through the common portal, on or before the 20th May,
2020.
This notification shall be deemed
to come into force with effect from the 24th Day of March, 2020
DISCLAIMER: THE ARTICLE IS BASED ON THE RELEVANT
PROVISIONS AND AS PER THE INFORMATION EXISTING AT THE TIME OF THE PREPARATION.
IN NO EVENT I SHALL BE LIABLE FOR ANY DIRECT AND INDIRECT RESULT FROM THIS
ARTICLE. THIS IS ONLY A KNOWLEDGE SHARING INITIATIVE.
THE AUTHOR – CS DEEPAK
SETH (ASSOCIATE PARTNER HELPINGHANDS PROFESSIONALS LLP) AND CAN BE REACHED AT CONTACTHHPRO@GMAIL.COM
OR 9910248911.
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