Sunday, 20 August 2017

Extension in due date for filing GSTR 3B | PIB issued and Notification issued by Odisha Government

This is to update that Ministry of Finance vide a Press Release dated August 17, 2017 has clarified regarding the availability of Transitional Input Tax Credit (ITC) for making payment of GST for the month of July 2017.  Vide the said Press Release, it has been clarified that :

       The taxpayers who are willing to avail transitional ITC are required to compute their tax liability after estimating the amount of transitional credit.  The Press Release though clarifies that payment of tax liability post adjustment of such estimated transition credit is required to be made by August 20, 2017.

       With the above, the Government has granted additional 8 day time i.e. August 28, 2017, to submit Form TRAN- I and Form 3B respectively.  It has been clarified that in case of a shortfall in the amount already paid vis-à-vis the amount payable on submission of Form 3B, the tax payer will be liable to discharge the balance tax along with interest @ 18% for the period between August 21, 2107 till the payment of such differential  amount.

       Further no such extension will apply to taxpayers not opting for the above (i.e. transitional credit) and the due date will continue to be August 20, 2017.

With the above, it can also be inferred that transitional ITC is only available once the prescribed ITC transition form is filed and no such credit appears to be available unless such compliance is adhered to.  We have attached herewith a copy of the Press Release for your reference.  The official Notification from the Central Government in this regard is yet to be issued. 

However, in line with the above press release, the State Government of Odisha vide Notification No. 12520 dated August 17, 2017 has announced extension for filing of GSTR 3B returns for a situation where the assessee is seeking to claim transition credits. While this had currently been issued by Odisha Government, we are hopeful that other states will also come up with similar notifications. Further, West Bengal and Assam have also issued similar notifications in the last couple of hours

HC : Cannot dismiss appeal for non-deposit of prescribed duty/penalty within limitation period

HC overrules Single Judge Bench, holds dismissal of appeal by Commissioner (Appeals) on ground that prescribed mandatory pre-deposit of 7.5% penalty was made after expiry of limitation as ‘unsustainable’, when appeal filed within condonable period, i.e. within 90 days from date of receipt of order-in-original; Accepts assessee’s submission that Single Judge Bench failed to appreciate a perceptible difference between 'presentation of appeal' and 'entertainment of appeal' appearing in proviso to Section 128(1) and Section 129E(i) of Customs Act respectively; Observes, “if the first proviso to Section 128 (1) and Section 129 E, are harmoniously construed, then, one would have to hold that, if an appeal is presented within the time, which is the original period of limitation or, within the condonable period of thirty days, then, it can only be entertained even if the appellant makes the prescribed mandatory pre-deposit thereafter”; Remarks, ordinary meaning of word “presenting” or “presentation” could only mean 'any action or instance of lodgement of appeal', while “entertain” would mean 'give attention to or consideration to the matter'; Distinguishing Full Bench decision in E.P. Nawab Marakkadai, HC directs Revenue to follow procedure prescribed in Circular dated October 14, 2014 thereby granting at least 3 opportunities to appellant to produce evidence in support of pre-deposit : Madras HC

GSTR 3B | Payment and Return Filing | Extension | Press Release issued

This is to update that the Ministry of Finance vide Press Release dated August 19, 2017 has extended the due date for payment of GST for the month of July 2017 to August 25, 2017.  Further, the due date of filing of returns in Form GSTR 3B for taxpayers who do not wish to avail the transitional credit in TRAN-1 has also been extended till August 25, 2017.  For taxpayers, who wish to avail the transitional ITC, the last date for filing the returns in Form GSTR 3B shall continue to be August 28, 2017 as notified earlier.  Further, as regards the payment of taxes in case of taxpayers opting to avail transitional credits, this update suggests to extend the due date for payment of taxes to August 25, 2017 – however no specific mention has been made in the Press Release to this effect.

We have attached herewith a copy of the said Press Release for your reference.  Please note that the formal notification in this regard is yet to be issued by the Government

Online Process for Income Tax refund Re-issue

(a)    Login to website
(b)   Select Registered User - Login on  the right hand side
(c)    Login details are 
(i)                  User ID                
(ii)                Password           
(iii)               Date of Birth     
(iv)              Type the Image                  
(d)   Aadhar Pop Up -  select Later
(e)   Now select Service request from the Tab My Account
(f)     Request Type -  New Request
(g)    Request Category -  Refund Re-issue
(h)   Select response  Submit
(i)      Now Fill the correct Bank Account Number and IFSC Code. (refer Cheque Book for correct details) 
(j)     After filling the form,  select Submit.
(k)    E Verify Pop Up will come  -  select option 2
(l)      Select Net Banking  

(m) Follow the net banking step as provided further to e verify.