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    Recommendations of GST council related to Law & Procedure

    Posted On: 12 JUN 2020 4:08PM by PIB Delhi
     

    The 40th GST Council met under the Chairmanship of Union Finance & Corporate Affairs Minister Smt Nirmala Sitharaman through video conferencing here today . The meeting was also attended by Union Minister of State for Finance & Corporate Affairs Shri Anurag Thakur besides Finance Ministers of States & UTs and senior officers of the Ministry of Finance& States/ UTs.

    The GST Council has made the following recommendations on Law & Procedures changes.

     

    1. Measures for Trade facilitation:
      1. Reduction in Late Fee for past Returns:

    As a measure to clean up pendency in return filing, late fee for non-furnishing FORM GSTR-3B for the tax period from July, 2017 to January, 2020 has been reduced / waived as under: –

        1. ‘NIL’ late fee if there is no tax liability;
        2. Maximum late fee capped at Rs. 500/- per return if there is any tax liability.

    Thereduced rate of late fee would apply for all the GSTR-3B returns furnished between 01.07.2020 to 30.09.2020

      1. Further relief for small taxpayers for late filing of returns for February, March & April 2020 Tax periods:

    For small taxpayers (aggregate turnover uptoRs. 5 crore), for the supplies effected in the month of February, March and April, 2020, the rate of interest for late furnishing of return for the said months beyond specified dates (staggered upto 6th July 2020) is reduced from 18% per annum to 9% per annum till 30.09.2020. In other words, for these months, small taxpayers will not be charged any interest till the notified dates for relief (staggered upto 6th July 2020)and thereafter 9% interest will be charged till 30.09.2020..

      1. Relief for small taxpayers for subsequent tax periods (May, June & July 2020):

    In wake of COVID-19 pandemic, for taxpayers having aggregate turnover upto Rs. 5 crore, further relief provided by waiver of late fees and interest if the returns in FORM GSTR-3B for the supplies effected in the months of May, June and July, 2020 are furnished by September, 2020 (staggered dates to be notified).

      1. One time extension in period for seeking revocation of cancellation of registration:

    To facilitate taxpayers who could not get their cancelled GST registrations restored in time, an opportunityis being provided for filing of application for revocation of cancellation of registrationup to 30.09.2020, in all cases where registrations have been cancelled till 12.06.2020.

     

    1. Certain clauses of the Finance Act, 2020 amending CGST Act 2017 and IGST Act, 2017 to be brought into force from 30.06.2020.

    40th GST council meeting 2020: Finance Minister Nirmala Sitharaman chaired the meeting.

    GST Council Meeting Live Updates: The 40th GST Council Meeting, chaired by Finance Minister Nirmala Sitharaman, was held on June 12. The Centre has announced a rate cut for small taxpayers, adding that no late fees would be charged in case of late filing of returns for the period between July 2017 to January 2020 by those without tax liabilities.

    The Finance Ministry is not in favour of increasing GST rates on non-essential items, despite depressed revenue collections due to the nationwide lockdown to contain the spread of COVID-19.

    If GST rates are increased on non-essential items, it will further bring down their demand and impede the overall economic recovery.

    Post-lockdown, the demand has to be induced and economic activity has to improve on all fronts, not just on essential items side.

    The 40th meeting of the GST Council, headed by Finance Minister Nirmala Sitharaman, will be held through video conference. The 39th meeting of GST Council held in March discussed the impact of coronavirus on the economy.

     

     It is clarified that the part of Director’s remuneration paid as an employee of a company which is declared as “Salaries” in the books of a company and is subjected to TDS under Section 192 of the IT Act, are not subject to GST and not treated as supply in terms of Schedule III of the CGST Act, 2017. Further, in respect of directors who are not the employees of the company, the services provided by them to the Company, in lieu of remuneration as the consideration for the said services, are clearly outside the scope of Schedule III of the CGST Act and are therefore taxable and the Company is liable to discharge the applicable GST on it on reverse charge basis. Accordingly, it is also clarified that the remuneration paid to such independent directors, or those directors, by whatever name called, who are not employees of the said company, is taxable in hands of the company, on a reverse charge basis. Further clarified that the part of Director’s remuneration which is declared separately other than “salaries” in the Company’s accounts and subject to TDS under Section 194J of the Income Tax Act as Fees for professional or Technical Services shall be treated as a taxable supply for GST and company is liable to discharge the applicable GST on it on the RCM basis.

    Government rolls out facility of filing of NIL GST Return through SMS

    Posted On: 08 JUN 2020 6:27PM by PIB Delhi
     

    In a significant move towards  taxpayer facilitation, the Government has today onwards allowed filing of NIL GST monthly return in FORM GSTR-3B through SMS. This would substantially improve ease of GST compliance for over 22 lakh registered taxpayers who had to otherwise log into their account on the common portal and then file their returns every month. Now, these taxpayers with NIL liability need not log on to the GST Portal and may file their NIL returns through a SMS.

    2. For this purpose, the functionality of filing Nil FORM GSTR-3B through SMS has been made available on the GSTN portal with immediate effect. The status of the returns so filed can be tracked on the GST Portal by logging in to GSTIN account and navigating to Services>Returns>Track Return Status. The procedure to file Nil returns by SMS is as follows: –

    Step

    SMS to 14409

    Receive from VD-GSTIND

    Initiate Nil Filing

    NIL<space>3B<space>GSTIN<space>Tax period

    Ex. NIL 3B 09XXXXXXXXXXXZC 052020 

    123456 is the CODE for Nil filing of GSTR3B for09XXXXXXXXXXXZC for period 052020. Code validity 30 min.

     

    Confirming Nil Filing

    CNF <space>3B<space>Code

    Ex. CNF 3B 123456

    Your, 09XXXXXXXXXXXZC, GSTR3B for 052020 is filed successfully and acknowledged vide ARN is AA070219000384. Please use this ARN to track the status of your return.

    For Help, anytime

    HELP<Space>3B

    Ex. Help 3B

    To file NIL return of GSTIN for Mar 2020: NIL 3B 07CQZCD1111I4Z7 032020 To confirm Nil filing: CNF 3B CODE More details www.gst.gov.in

    GST – No Interest Recovery Without Show Cause Notice & Adjudication : Jharkhand HC

    The process of recovery of interest cannot be initiated against an assessee under the Central Goods and Services Tax Act without a prior show cause notice and adjudication proceedings, Jharkhand High Court has held.

    Read more at-

    https://www.livelaw.in/news-updates/gst–no-interest-recovery-without-show-cause-notice-adjudication-jharkhand-hc-156117

      [To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section
      (i)]
      Government of India
      Ministry of Finance
      (Department of Revenue)
      Central Board of Indirect Taxes and Customs
      Notification No. 30/2020 – Central Tax
      New Delhi, the 3
      rd April, 2020
      G.S.R…(E). – In exercise of the powers conferred by section 164 of the Central Goods and
      Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of
      the Council, hereby makes the following rules further to amend the Central Goods and
      Services Tax Rules, 2017, namely:-

      1. (1) These rules may be called the Central Goods and Services Tax (Fourth Amendment)
        Rules, 2020.
        (2) Save as otherwise provided, they shall come into force on the date of their publication in
        the Official Gazette.
      2. In the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said
        rules), with effect from the 31st March, 2020, in sub-rule (3) of rule 3, the following proviso
        shall be inserted, namely:-
        “Provided that any registered person who opts to pay tax under section 10 for the
        financial year 2020-21 shall electronically file an intimation in FORM GST CMP-02, duly
        signed or verified through electronic verification code, on the common portal, either directly
        or through a Facilitation Centre notified by the Commissioner, on or before 30th day of June,
        2020 and shall furnish the statement in FORM GST ITC-03 in accordance with the
        provisions of sub-rule (4) of rule 44 upto the 31st day of July, 2020.”.
      3. In the said rules, in sub-rule (4) of rule 36, the following proviso shall be inserted, namely:-
        “Provided that the said condition shall apply cumulatively for the period February,
        March, April, May, June, July and August, 2020 and the return in FORM GSTR-3B for the
        tax period September, 2020 shall be furnished with the cumulative adjustment of input tax
        credit for the said months in accordance with the condition above.”.
        [F. No. CBEC-20/06/04/2020-GST]
        (Pramod Kumar)
        Director, Government of India
        Note: The principal rules were published in the Gazette of India, Extraordinary, Part II,
        Section 3, Sub-section (i) vide notification No. 3/2017-Central Tax, dated the 19th June, 2017,
        published vide number G.S.R. 610(E), dated the 19th June, 2017 and last amended vide
        notification No. 16/2020 – Central Tax, dated the 23rd March, 2020 published vide number
        G.S.R. 199 (E), dated the 23rd March, 2020.
        Powered by TCPDF (www.tcpdf.org)


      To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]
      Government of India
      Ministry of Finance
      (Department of Revenue)
      Central Board of Indirect Taxes and Customs
      Notification No. 15/2020 – Central Tax
      New Delhi, the 23rd March, 2020
      G.S.R…..(E).– 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), 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 30.06.2020.
      [F.No CBEC-20/06/04/2020-GST]
      (Pramod Kumar)
      Director, Government of India
      http://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-15-central-tax-english-2020.pdf

      CBIC notifies due date for filing of form GSTR-3B for months April to September, 2020


      [To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)] Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs Notification No. 29/2020 – Central Tax New Delhi, the 23rd March, 2020 G.S.R…(E).- In exercise of the powers conferred by section 168 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act), read with sub-rule (5) of rule 61 of the Central Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said rules), the Commissioner, on the recommendations of the Council, hereby specifies that the return in FORM GSTR-3B of the said rules for each of the months from April, 2020 to September, 2020 shall be furnished electronically through the common portal, on or before the twentieth day of the month succeeding such month: Provided that, for taxpayers having an aggregate turnover of up to rupees five crore rupees in the previous financial year, whose principal place of business is in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep, the return in FORM GSTR-3B of the said rules for the months of April, 2020 to September, 2020 shall be furnished electronically through the common portal, on or before the twenty-second day of the month succeeding such month: Provided further that, for taxpayers having an aggregate turnover of up to rupees five crore rupees in the previous financial year, whose principal place of business is in the States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi, the return in FORM GSTR-3B of the said rules for the months of April, 2020 to September, 2020 shall be furnished electronically through the common portal, on or before the twenty-fourth day of the month succeeding such month. 2. Payment of taxes for discharge of tax liability as per FORM GSTR-3B. – Every registered person furnishing the return in FORM GSTR-3B of the said rules shall, subject to the provisions of section 49 of the said Act, discharge his liability towards tax by debiting the electronic cash ledger or electronic credit ledger, as the case may be and his liability towards interest, penalty, fees or any other amount payable under the said Act by debiting the electronic cash ledger, not later than the last date, as specified in the first paragraph, on which he is required to furnish the said return. [F. No. CBEC-20/06/04/2020-GST] (Pramod Kumar) Director, Government of India

      http://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-29-central-tax-english-2020.pdf