GST Updates for the Month of November 2023.
A detailed summery of November 2023 GST updates
1. GST Return Due Dates
2. Summary of Latest Circulars / Notifications
1. Amendment to the CGST Rules, 2017 and GST REG Forms
- Rule 28 is renumbered as Sub-rule (1)
|Insertion of Rule 28 (2)||Notwithstanding anything contained in sub-rule (1), the value of supply of services by a supplier to a recipient who is a related person, by way of providing corporate guarantee to any banking company or financial institution on behalf of the said recipient, “shall be deemed to be one per cent of the amount of such guarantee offered, or the actual consideration, whichever is higher.”|
|Amendment of Rule 142(3)||Where the person chargeable with tax, interest or penalty U/s 73/74 makes the payment within 30 days of issuance of notice the “proper officer shall issue an Intimation” in Form DRC-05.”|
|Insertion in Rule 159(2)|
The Commissioner shall send a copy of the order of attachment in FORM GST DRC-22 to the concerned Revenue Authority or Transport Authority or any such Authority to place encumbrance on the said movable or immovable property, which shall be removed only on the written instructions from the Commissioner to that effect or on expiry of a period of one year from the date of issuance of order under sub-rule (1), whichever is earlier.
And accordingly, changes have been made in Form DRC-22 based on above change
|Insertion of Clause (xiva) in Part B of REG-01||One person Company has been added in the Constitution of business for Registration Application Form GST REG 01|
|Amendment of FORM REG-08|
Form REG-08 has been classified into two categories viz.,
S. No. 5 asking the details of interest has been omitted.
S. No. 7 asking the details of interest payable and paid has been amended. The amended row asks for interest as well as late fee details.
S. No. 9 has also been amended on similar grounds by including late fee along with interest. The amended entry now asks for Debit entries in cash ledger for TCS, interest and late fee payment (to be populated after filing of statement).
The eligibility criteria for enrolment as GST Practitioner has been revised
[NN 52/2023-Central Tax dated 26.09.2023]
2. Seeks to notify supplies and class of registered person eligible for refund under IGST Route
|Amendment in Notification 01/2023 of Integrated Tax|
“(i) all goods or services (except the goods specified in column (3) of the TABLE below) as the class of goods or services which may be exported on payment of integrated tax and on which the supplier of such goods or services may claim the refund of tax so paid; and
(ii) all suppliers to a Developer or a unit in Special Economic Zone undertaking authorised operations as the class of persons who may make supply of goods or services (except for notified goods) to such Developer or a unit in Special Economic Zone for authorised operations on payment of integrated tax and on which the said suppliers may claim the refund of tax so paid
The term “Authorised Operations”, SEZ, Developer and Units have been defined by borrowing from SEZ Act.
(The above shall be deemed to have been substituted with effect from 01/10/2023)
[NN 05/2023-Integrated Tax dated 26.10.2023]
3. Changes Effective from 20th October, 2023
- A. Amendment to Notification No. 11/2017 of Central Tax (Rate) dated 28.06.2017
|Description of service||Rate||Present condition||Proposed Condition|
Transport of passengers by a motor cab where the cost of fuel is included in the consideration charged from the service recipient.
Renting of motor cab where the cost of fuel is included in the consideration charged from the service recipient.
|2.5||Provided that credit of input tax charged on goods and services used in supplying the service, other than the input tax credit of input service in the same line of business (i.e. service procured from another service provider of transporting passengers in a motor vehicle or renting of motor vehicle), has not been taken.|
One additional condition has been inserted as under:
Provided further that where the supplier of input service in the same line of business charges central tax at a rate higher than 2.5%, credit of input tax charged on the input service in the same line of business in excess of the tax paid or payable at the rate of 2.5%, shall not be taken.
[NN 12/2023-Central Tax (Rate) dated 26.10.2023]
[NN 15/2003-Integrated Tax (Rate) dated 19.10.2023]
- B. GST Exemption on Services: Amendment in NN.12/2017-Central Tax (Rate) dated 28.06.2017.Seeks to exempt the
- a) Services provided to a Governmental Authority by way of-
- Water supply
- Public Health
- Sanitation Conservancy
- Solid Waste Management
- Slum Improvement and Upgradation
- b) withdraw exemption on “Services by the Ministry of Railways (Indian Railways)”
[NN 13/2023-Central Tax (Rate) dated 26.10.2023]
[NN 16/2023-Integrated Tax (Rate) dated 19.10.2023]
- C. Reverse Charge Mechanism on Services
- Amendment in NN.13/2017-Central Tax (Rate) dated 28.06.2017
- Supply of all services by Indian Railways shall be taxed under Forward Charge Mechanism to enable them to avail ITC. This will reduce the cost for Indian Railways.
[NN 14/2023-Central Tax (Rate) dated 26.10.2023]
[NN 17/2023-Integrated Tax (Rate) dated 19.10.2023]
- D. Restriction on Refund of unutilized ITC
- Amendment in NN.15/2017-Central Tax (Rate) dated 28.06.2017,
- no refund of unutilised input tax credit shall be allowed under section 54(3) in case of supply of services of construction of a complex, building or a part thereof, intended for sale to a buyer, wholly or partly, where the amount charged from the recipient of service includes the value of land or undivided share of land, as the case may be, except where the entire consideration has been received after issuance of completion certificate , where required , by the competent authority or after its first occupation , whichever is earlier.
[NN 15/2023-Central Tax (Rate) dated 26.10.2023]
[NN 18/2023-Integrated Tax (Rate) dated 19.10.2023]
- E. Payment of tax by E-commerce Operator
- Amendment in NN.17/2017-Central Tax (Rate) dated 28.06.2017.
- On Services by way of transportation of passenger by Omnibus, the tax on intra-state supplies shall be paid by the E-commerce operator only where the person supplying such service through E-Commerce Operator is not a Company.
[NN 16/2023-Central Tax (Rate) dated 26.10.2023]
[NN 19/2023-Integrated Tax (Rate) dated 19.10.2023]
- F. Changes in GST Rates on goods
- Amendment in NN.01/2017-Central Tax (Rate) dated 28.06.2017.
|HSN Code||Description||GST Rate|
|1901||preparation of millet flour, in powder form, containing at least 70% millets by weight, pre-packaged and labelled”;||5%|
|2207 10 12||Spirits for industrial use||18%|
[NN 17/2023-Central Tax (Rate) dated 26.10.2023]
[NN 20/2023-Integrated Tax (Rate) dated 19.10.2023]
- G. GST Exemption on Goods
- Amendment in NN.02/2017-Central Tax (Rate) dated 28.06.2017.
- Provide exemption from GST on Food preparation of millet flour, in powder form, containing at least 70% millets by weight, other than pre-packaged and labelled.
[NN 18/2023-Central Tax (Rate) dated 26.10.2023]
[NN 21/2023-Integrated Tax (Rate) dated 19.10.2023]
- H. Reverse Charge Mechanism on Goods
- Amendment in NN.04/2017-Central Tax (Rate) dated 28.06.2017.
- Supply of all goods by Indian Railways shall be taxed under Forward Charge Mechanism to enable them to avail ITC. This will reduce the cost for Indian Railways.
[NN 19/2023-Central Tax (Rate) dated 26.10.2023]
[NN 22/2023-Integrated Tax (Rate) dated 19.10.2023]
- I. Refund on Inverted Duty Structure
- Amendment in NN.05/2017-Central Tax (Rate) dated 28.06.2017.
- No refund of unutilised input tax credit shall be allowed, in respect of “Imitation zari thread or yarn made out of Metallised polyester film /plastic film”. This entry shall apply for refund of input tax credit only on polyester film /plastic film.
[NN 20/2023-Central Tax (Rate) dated 26.10.2023]
[NN 23/2023-Integrated Tax (Rate) dated 19.10.2023]
- Clarification relating to Export of Services
- It has been clarified that when the Indian exporters, undertaking export of services are paid the export proceeds in INR from the Special Rupee Vostro Accounts of correspondent bank(s) of the partner trading country opened by AD banks, the same shall be considered to be fulfilling the conditions of sub-clause (iv) of clause (6) of section 2 of IGST Act, 2017, subject to the conditions/ restrictions mentioned in Foreign Trade Policy, 2023 & extant RBI Circulars and without prejudice to the permissions / approvals, if any, required.
[Circular No 202/14/2023 dated 27.10.2023]
- Clarification regarding determination of place of supply in various cases
|Description of service||Impact|
Place of supply in case of supply of service of transportation of goods
Place of Supply shall be the destination of such goods i.e Sec 13(9) has been omitted and accordingly default rule will be applicable as follows:
Place of supply in case of supply of services in respect of advertising sector
Place of supply in case of supply of the “co-location services”
[Circular No 203/15/2023 dated 27.10.2023]
C. Clarification on issues pertaining to taxability of personal guarantee and corporate guarantee in GST
As per Sec 7(1)(c) r/w Sl. No. 2 of Sch I, treated as a supply of service, even when made without consideration the taxable value of such supply of service shall be the open market value of such supply.
However, when no consideration can be paid for the said transaction by the company to the director in any form, directly or indirectly, as per RBI mandate, there is no question of such supply/ transaction having any open market value.
Further, in cases, where the director, who had provided the guarantee, is no longer connected with the management but continuance of his guarantee is considered essential the taxable value of such supply of service shall be the remuneration/ consideration provided to such a person/ guarantor by the company, directly or indirectly.
Treated as a supply of service by holding company to the subsidiary company, being a related person, as per the provisions of Schedule I of CGST Act.
The taxable value will be determined as per rule 28 of CGST Rules.
[Circular No 204/16/2023 dated 27.10.2023]
D. Clarification regarding GST rate on imitation Zari thread or yarn based on the recommendation of the GST Council in its 52ndmeeting held on 7th October, 2023.
- Imitation zari thread or yarn made from metallised polyester film/ plastic film falling under HS 5605 are covered by Sl No. 218AA of Schedule I of Notification No. 1/2017-Central Tax (Rate) dated 28.6.2017 attracting 5% GST. Further, no refund will be permitted on polyester film (metallised)/plastic film on account of inversion of tax rate.
[Circular No 205/17/2023 dated 27.10.2023]
E. Clarifications regarding the applicability of GST on certain services
|Input services in the same line of business include transport of passengers (SAC 9964) or renting of motor vehicle with operator (SAC 9966) and not leasing of motor vehicles without operator (SAC 9973) which attracts GST and/or compensation cess at the same rate as supply of motor vehicles by way of sale|
Whenever electricity is being supplied bundled with renting of immovable property and/or maintenance of premises, as the case may be, it forms a part of composite supply and shall be taxed accordingly. The principal supply is renting of immovable property and/or maintenance of premise, as the case may be, and the supply of electricity is an ancillary supply as the case may be.
Even if electricity is billed separately, the supplies will constitute a composite supply and therefore, the rate of the principal supply shall be applicable.
However, where the electricity is supplied by the Real Estate Owners, Resident Welfare Associations (RWAs), Real Estate Developers etc., as a pure agent, it will not form part of the value of their supply. Further, where they charge for electricity on actual basis that is, they charge the same amount for electricity from their lessees or occupants as charged by the State Electricity Boards or DISCOMs from them, they will be deemed to be acting as pure agent for this supply.
Malt being a food product, can be directly consumed as part of food preparations or can be used as an ingredient in food products and also used for manufacture of beer and alcoholic liquor for human consumption. However, irrespective of end-use, conversion of barley into malt amounts to job work in relation to food products.
Hence, it has been clarified that job work services in relation to manufacture of malt are covered by the entry at Sl. No. 26 (i) (f) which covers “job work in relation to all food and food products falling under chapters 1 to 22 of the customs tariff” irrespective of the end use of that malt and attracts 5% GST.
Activities provided by the DMFTs are similar to activities that are enlisted in Eleventh and Twelfth Schedule of the Constitution. The ultimate users of the various schemes under DMF are individuals, families, women and children, farmers/producer groups, SHGs of the mining-affected areas etc. The services/supplies out of DMF fund are provided free of charge and no consideration is realized from the beneficiaries by DMF against such services.
Accordingly, it is clarified that DMFT set up by the State Governments are Governmental Authorities and thus eligible for the same exemptions from GST as available to any other Governmental Authority.
Public parks in government residential colonies, government offices and other public areas are developed and maintained by CPWD. Maintenance of community assets, urban forestry, protection of the environment and promotion of ecological aspects are functions entrusted to Panchayats and Municipalities under Article 243G and 243W read with Sr. No. 29 of 11th Schedule and Sr. No. 8 of 12th Schedule of the Constitution.
Sr. No. 3 and 3A of Notification No. 12/2017-CTR exempt pure services and composite supply of goods and services in which value of goods does not constitute more than 25%, that are provided to the Central Government, State Government or Union territory or local authority by way of any activity in relation to any function entrusted to a Panchayat under article 243G of the Constitution or in relation to any function entrusted to a Municipality under article 243W of the Constitution.
Accordingly, it has been clarified that supply of pure services and composite supplies by way of horticulture/horticulture works (where the value of goods constitutes not more than 25% of the total value of supply) made to CPWD are eligible for exemption from GST under Sr. No. 3 and 3A of Notification no 12/2017-CT(R) dated 28.06.2017.
[Circular No 206/18/2023 dated 31.10.2023]
Written by ,
GST team, M/s. Venu & Vinay.
Original website : https://vnvca.com/resource/november_2023.aspx