We are pleased to share our latest edition of Indirect Tax Newsletter December 2022 which includes detailed analysis of recent notifications/circulars, case laws and advance ruliungs.
|1||Notification No. 25/2022- Central Tax dated 13.12.2022||The due date for furnishing Form GSTR-1 for the month of November 2022 was extended to December 13, 2022 for registered persons whose principal business are in certain specified districts of Tamil Nadu.|
|2||Notification No. 26/2022- Central Tax dated 26.12.2022||
Pursuant to the 48th GST Council Meeting, certain amendments have been made in the Central Goods and Services Tax Rules, 2017 ("CGST Rules"). Some of the important amendments are:
Rule 109C has been inserted to permit withdrawal of appeals at any time before issuance of show cause notice by appellate authority or before issuance of order, whichever is earlier.
|3||Notification No. 27/2022- Central Tax dated 26.12.2022||Rule 8(4A) was inserted vide Notification 26/2022 and provides for biometric- based Aadhaar authentication and other procedures in filing Form GSTR-1 . This Notification states that that the provisions of Rule 8(4A) of the CGST Rules shall only apply to the State of Gujarat.|
Notification No. 12/2022-Central Tax (Rate) dated 30.12.2022
Notification No. 13/2022-Central Tax (Rate) dated 30.12.2022
The following rate changes have been made with effect from January 1, 2023:
GST rate increased from 12% to 18% for pencil sharpeners.
|5||Notification No. 14/2022- Central Tax (Rate) dated 30.12.2022||Sale of Mentha arvenis by an unregistered person to a registered person would be subject to reverse charge (similar to Mentha oil). Therefore, GST would be payable by the recipient.|
|6||Notification No. 15/2022- Central Tax (Rate) dated 30.12.2022||
|7||Circular No. 183/15/2022-GST dated 27.12.2022||
The Circular clarifies the procedure to be followed in case of difference in ITC availed in Form GSTR-3B as compared to that reflected in Form GSTR-2A for FY 2017-18 and 2018-19:
Where difference does not exceed INR 5 lacs: A certificate must be produced from the concerned supplier certifying that: (a) supplies have been made by the supplier to the registered person and (b) tax has been paid by the supplier in his return in Form GSTR 3B. No CA/CMA certificate is required.
It has been clarified that these instructions will only apply to ongoing proceedings in scrutiny/ audit/ investigation etc. and not to completed proceedings. These instructions will also apply in those cases where adjudication or appeal proceedings are still pending.
|8||Circular No. 184/16/2022-GST dated 27.12.2022||
The supplier must report the place of supply by selecting State Code "96 – Foreign Country" in Form GSTR 1.
|9||Circular No. 185/17/2022-GST dated 27.12.2022||
The proceedings for the period not covered within the aforesaid time limit would be dropped.
|10||Circular No. 186/18/2022-GST dated 27.12.2022||
The Circular has clarified the following issues:
E-invoicing: It has been clarified that exemption from e-invoices is applicable for the whole entity and not restricted to the nature of supply.
|11||Circular No. 187/19/2022-GST dated 27.12.2022||GST dues are considered "operational debt" and the claim is required to be filed before the Resolution Professional under IBC. It has been clarified that in cases where demand for recovery has been issued in Form GST DRC 07/07A and where proceedings have been finalized against the corporate debtor under IBC reducing the amount of statutory dues, the jurisdictional Commissioner will issue an intimation in Form GST DRC-25 reducing the amount of demand. No fresh notice of demand is required to be issued. Corresponding amendments are being made in the GST Rules.|
|12||Circular No. 188/20/2022-GST dated 27.12.2022||Unregistered customers have been provided a facility for claiming GST refund under Section 54 in case of cancellation of contracts where the time limit for issuance of credit note has expired. The mechanism for claiming refund has been clarified in the Circular and the corresponding amendments have been made in the GST Rules.|
|13||Notification No. 62/2022-Customs dated 26.12.2022||Effectuates the first tranche of tariff concessions under India Australia Economic Cooperation and Trade Agreement.|
|14||Notification No. 63/2022-Customs dated 27.12.2022||Effectuates the fourteenth and final tranche of tariff concessions under India ASEAN Trade in Goods Agreement which provides deeper tariff concessions in respect of specified goods when imported from ASEAN under the India-ASEAN Free Trade Agreement.|
|15||Notification No. 64/2022-Customs dated 29.12.2022||Effectuates the second tranche of tariff concessions under India Australia Economic Cooperation and Trade Agreement.|
|16||Notification No. 65/2022-Customs dated 29.12.2022||Amends Notification Nos. 48/2021-Customs dated 13.10.2021 and 49/2021 – Customs dated 13.10.2021 to extend the existing concessional import duties on specified edible oils and lentils upto 31.03.2024.|
|17||Notification No. 103/2022- Customs (N.T.) dated 09.12.2022||Effectuates Exports by Post (Amendment) Regulations, 2022 wherein the appended forms Postal Bill of Exports ("PBE") PBE-I and PBE-II were substituted with a new format. The Notification also expanded the scope of the Regulations to e-commerce conducted through various electronic means.|
|18||Notification No. 104/2022- Customs (N.T.) dated 09.12.2022||
Provides for the Postal Export (Electronic Declaration and Processing) Regulations, 2022 under which any person holding a valid Import-Export Code could export goods in furtherance of business through a foreign post office appointed by the Board under Section 7(1)(e) of the Customs Act, 1962.
Further, the Regulations provide for filing of Forms PBE-III and PBE-IV for export of goods through e-commerce.
|19||Notification No. 111/2022- Customs (N.T.) dated 20.12.2022||Amends Notification No. 58/2021-Customs (N.T.), dated the 01.07.2021 to notify Agreement or Arrangement on Cooperation and Mutual Administrative Assistance (CMAA) in Customs Matter between India and Japan through an insertion at Sr. No. 9A and between India and Philippines at Sr. No. 19A.|
|20||Notification No. 112/2022- Customs (N.T.) dated 22.12.2022||Customs Tariff (Determination of Origin of Goods under the India-Australia Economic Cooperation and Trade Agreement) Rules, 2022 were notified which provides for rules on determination of origination of various types of goods, calculation of qualifying value content etc.|
|21||Notification No. 113/2022- Customs (N.T.) dated 30.12.2022||The tariff value of edible oils, brass scrap, areca nut, gold and silver were fixed vide substituting the tables in the original Notification No. 6/2001-Customs (N.T.), dated 03.08.2001.|
|22||Circular No. 25/2022- Customs dated 09.12.2022||Clarifies the procedure and implementation of Postal Bill of Exports (PBE) Automated System which contains provisions to facilitate the processing of commercial post exports by automating the entire procedure and seamlessly connecting the postal network to the notified foreign post offices. This enables Micro, Small and Medium Enterprises to export to global markets using e- commerce or other regular channels.|
|23||Instruction No. 34/2022- Customs dated 30.12.2022||Provides for the strict import regulation of certain animal feed additives/premix/supplements and antibiotics to be used in animal feed. The manufacturer is also required to label the final pack regarding its ingredients and the mandatory requirement of respective withdrawal period, if any, indicated against a particular item.|
|24||Notification No. 04/2022 - Central Excise (N.T) dated 01.12.2022||Appoints the Commissioner of Central Excise and Service Tax (Appeals) as Central Excise officer for the entire territorial jurisdiction of the Principal Chief Commissioner/Chief Commissioner of Central Excise and Service Tax for the purpose of passing Orders-in-Appeal for Central Excise and Service Tax for the appeals filed after 30.06.2017.|
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