Section 43A of CGST Act

Section 43A of CGST Act

Section 43A of CGST Act

Section 43A of CGST Act has been recently introduced into the GST framework to simplify the procedures concerning return filing and availing Input Tax Credit (ITC). Though notified to be effective from 1st February 2019, it would be implemented with the new return filing system and is set to operationalize the changes in the return reporting sphere. The new return filing system would be introduced on a pilot basis from 1st March 2019 and would be fully functional from the beginning of July.

The section would replace the provisions of Section 16(2), Section 37 and Section 38 of the CGST Act which deals respectively with the conditions to avail ITC, details of outward supplies, and details of inward supplies.

The Stated Amendments

The provision has made way for the following amendments:

  • The registered taxpayers may now add, amend or delete the details of inward supplies in their monthly returns.
  • Suppliers who haven’t uploaded their invoices or essential details in their returns may avail the provisions of ITC, in which case the available credit will be not more than 20% of the ITC which is available to the recipient as per the details uploaded by the supplier.
  • Both the recipient and the supplier would be severally and jointly liable for output tax and availed ITC if returns haven’t been filed and the details of outward supply have been uploaded on the portal to avail credit.
  • The procedure for recovery of such ITC or output tax hasn’t yet been specified. However, the recovery proceeding can be waived off if the amount involved is limited to Rs. 1,000.
  • Further guidelines would be issued in due course of time.

Filing Monthly Returns as per Current Rules

The process of filing returns is being pursued through the online and offline platform. The following are the different types of GST returns:

  • GSTR 1 – pertains to the details of outward supplies of taxable goods and/or services and is filed on a monthly and quarterly basis; taxpayers with a turnover of up to Rs. 1.5 crores need to file quarterly returns, while those with a turnover of above the stated sum must file their monthly returns.
  • GSTR 2 and 3 – temporarily suspended.
  • GSTR 3B – covers the declaration of summary of outward supplies along with Input Tax Credit (ITC), and is filed on a monthly basis.
  • GSTR 4 – filed on a quarterly basis, and is meant for taxpayers registered under the composition levy.
  • GSTR 5 – filed on a monthly basis, and is meant for non-resident foreign taxable person.
  • GSTR 5A – filed on a monthly basis, and is meant for non-resident taxpayers providing OIDAR services.
  • GSTR 6 – filed on a monthly basis, and is meant for Input Service Distributors (ISD).
  • GSTR 7 – filed on a monthly basis, and is meant for tax deductors at source.
  • GSTR 8 – monthly returns meant for e-commerce operators.
  • GSTR 9 – annual returns for normal taxpayers.
  • GSTR 9A – annual returns for taxpayers under composition levy.
  • GSTR 10 – final returns; applicable when GST registration is cancelled or surrendered.
  • GSTR 11 – monthly returns of inward supplies, to be furnished by a person having UIN and claiming refunds.

New Simplified Return Scheme

The insertion of Section 43A into the CGST Act has simplified the return filing mechanism for taxpayers. The enactment facilitates:

  • Registered taxpayers to file a single monthly return.
  • Real-time uploading of invoices.
  • Uploading of invoices by the suppliers during the month of cut-off. These invoices would be visible to buyers.
  • The option of claiming ITC on the basis of self-declaration. As stated earlier, this could even be done if the supplier hasn’t uploaded all the invoices in the interim period of the transaction.

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Post by Sreeram Viswanath

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