Salient features of the Latest GST Notification Nos from 44-49/2019 dtd 9th Oct 2019

  • As per GST Council decision, it was decided to continue with the existing system of filing GSTR 3B till March 2020. Notification 44/2019 prescribes the due dates for filing GSTR 3B Returns for the period from Oct’2019 to Mar’2020. GSTR 3B for these months shall be furnished on or before 20th of the month succeeding such month. The tax,penalty,Interest , if applicable shall be paid before filing the return.

 

  • As per Notification No 45/2019, in respect of tax payers whose aggregate turnover is less than 1.50 Crores shall file GSTR 1 return on quarterly basis, as follows :-
    • For the Quarter Oct-Dec 2019 – On or before 31st Jan 2020
    • For the Quarter Jan-Mar 2020 – On or before 30th April 2020 

 

  • As per Notification No 46/2019, in respect of tax payers whose aggregate turnover is more than 1.50 crores shall file GSTR 1 on a monthly basis , for the period Oct’19 to Mar’20 on or before 11th of the succeeding month.

 

  • As per the GST council decision, tax payers with aggregate turnover of less than 2 crores can file the Annual Return optionally. Notification No 47/2019 has notified that in respect of those taxpayers, if the Annual return (for 2017-18 & 2018-19) is not filed on or before due date, the same is deemed to be filed on or before the due date.

 

In our view, In the absence of clarity and to avoid future complications (Department Audt/Assessment), we suggest that the Annual return for 2017-18 & 2018-19 shall be filed voluntarily, even though it is not mandatory.

 

  • To put an end to the problem of unmatched Input Tax credits, it has been proposed that the GST Credit shall be claimed as per the invoices uploaded by the suppliers. If you are claiming those credit even if it is not uploaded by your supplier, the difference cannot exceed 20% of the Total of the invoices uploaded.

Effectively, you can claim Input Tax Credit only if it appears in GSTR-2A. In case if you are claiming in excess of the credits appearing in GSTR 2A, the same cannot exceed 20% of the credits as appearning in GSTR 2A

 

  • GSTR 3B has been notified as a Return , RETROSPECTIVELY. (i.e.,) w.e.f. 1st July 2017. Hence GSTR 3B is also considered as return now. In a recent Gujarat High Court case (AAP & Co.,) judgement was given with a decision that GSTR 3B is not a return and hence a view was taken that Input Tax Credit can be claimed at the time of filing the Annual return even though the statutory deadline has expired. Now, with this retrospective amendment, the application of the judgement stands nullified

 

  • A new Form DRC-01A has been notified for intimation by the tax authority regarding the tax,penalty,interest etc., A reply to this intimation shall be filed by the taxpayers in Form DRC-01A Part B. The Voluntary payment of taxes shall continue to be paid by using DRC-03.

The relevant notifications are attached herewith.

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New Corporate Income tax rate 22%- Should Proprietory/Partnership/LLP consider to convert themselves?

The announcement of the finance minister regarding the reduction of rate of Income-tax in respect of Domestic Companies to 22% has created lot of interest amongst all entrepreneurs to go into corporate form of business considering the tax benefits. The below table is a comparison of tax liability for various types of Organisations for different types of Income :-

Net IncomeIndividual
Income-Tax
Firm
Income-tax
Company
-Income-tax at New rates
Beneficial
status
25000007800057200Individual
30000009360068640Individual
5000000156000114400Individual
75000065000234000171600Individual
1000000117000312000228800Individual
1500000273000468000343200Individual
2000000429000624000457600Individual
2200000491400686400503360Individual
2300000522600717600526240Individual
2400000553800748800549120Company
2500000585000780000572000Company
2600000616200811200594880Company
5000000136500015600001144000Company
7500000235950023400001716000Company
10000000321750031200002288000Company
11000000372255038438402768480Company
20000000695175069888005033600Company
21000000794625073382405285280Company
50000000192562501747200012584000Company
60000000253792502096640015100800Company
100000000424768503494400025168000Company
110000000467512503843840027684800Company

Note :-

The turnover is assumed to be less than 400 Crores

The income as specified here for Individuals is after considering the 80C,80D and other eligible deductions.

The above table shows the tax payable by various types of organisations for different income levels. But wait, please consider the following also before taking a decision on moving to Corporate form of organisation (Domestic companies) :-

 

Profit withdrawl from Business

In case of Proprietorship/Partnership/LLP firm, withdrawl of Profits from the business is easy. Just write a Cheque/Transfer the funds. But in case of domestic company, its not easy like that and also involves additional cost. If you want to withdraw as a Director Remuneration, TDS as applicable has to be deducted and declared as Income in your personal hands. On the other hand, if you want to take the profits as Dividends, Dividend Distribution tax (around 18%) has to be paid and also dividend is taxable in personal hands if it exceeds Rs. 10 Lakhs.

 

Withdrawl of money as a Temporary/Long term Loan

In respect of Proprietorship/Partnership firms, there is no restriction in Proprietor/Partner taking a loan from the firm. Its very simple. But when it is a Corporate entity, Directors / their relatives /interested people cannot take loan from the Company.

 

Borrowing of Money required for the Company from outsiders

If the business is in need of funds, the Proprietors/partnership firms can borrow amount either temporarily or for a long term from the outsiders/friends. But in case of Corporate entities, borrowing from outsiders if not allowed. The directors/relatives of directors/Shareholders can lend to the company but with some restrictions on the same.

 

Privacy of Financial Information

In case of Proprietorship/Partnership firm (Not LLPs) , your financial statements (Balance sheet/ Profit & Loss account, Share holder/director information) are a private one. Unless approved/provided by the Proprietors/Partners, it will not be available to public/outsiders. But in case of corporate entities, your financial statements and other information will be available in the Public portal , which will be accessible by all without any control from your side.

 

Borrowing/Lending within Group companies

If you have more than one business entity, borrowing/lending between the entities is very easy and no major restriction is imposed on the same, if it is either Proprietorship or Partnership firm. But in case of a corporate entity, lending to other group companies Inter corporate loans is subject to restrictions , conditions and Compliance.

 

Meetings and Documentation

In case of Corporate entities, you need to conduct Annual General Meetings and Board meetings at periodic intervals. The proceedings in the meeting are to be maintained in a Minutes book mandatorily. In case of Proprietorship/Partnership firms, there is no such requirement.

 

Ease of Changes in organisation

There might be situations where you may change your main place of business (registered office) or change your partners or change in the profit sharing ratio or increase your Capital in your company, etc…,. In case of Proprietorship/Partnership firms, these are very easy and does not require any approval. But in case of corporate entities, all the changes require approval from Registrar of Companies and involves compliance cost for the same.

 

Basic Exemption & Differential tax slabs

In respect of Proprietorship firms, the Income is chargeable @ 5%,20% or 30% as applicable with basic exemption. The final effective rate in case of Proprietorship firms (say Income upto Rs.23 Lakhs) may be beneficial compared to Fixed Corporate tax rates.

 

Audit of accounts

In case of Proprietorship/Partnership firms, only if your turnover exceeds certain limit, you are required to get your books of accounts audited. But in case of corporate entities, irrespective of your turnover, you need to get your books of accounts audited every year.

 

Additional Compliances

In case of Corporate companies, some of the additional compliances to be done on a regular basis are :-

  • Annual return filing with ROC
  • Financial statements filing with ROC
  • DIR KYC Compliance – KYC for directors
  • TDS applicability irrespective of your Turnover/Income
  • Digital signature for directors
  • Certification/Report from professionals like CA/CS

These compliances will involve time & additional cost.

 

Cost of Compliance

In case of Proprietorship/Partnership firms, the cost of Compliance is very less compared to Corporate entities, where cost of Compliance is relatively high. Cost of compliance includes, filing fees, Interest/Penalties, Professional fees for compliance , etc.,

The corporate form of entity comes with a lower taxation compared to others but with the above

restrictions/requirements. If you can skilfully navigate through these hardships, the destination (Lower tax rate) is enjoyable.

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CMP-08 Return for GST Composition dealers available now & New Due date

The New return form CMP-08 , for GST dealers who have opted for payment of tax under Composition scheme is now available in the GST portal.

The return for the period Apr 2019 – June 2019 can be filed now using the new form CMP 08.

The last date for filing the CMP-08 for the above period has been extended upto 31st of Aug 2019.

The relevant notification is provided below

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Due date for filing Returns (Non Audit) extended

The Central Board of Direct Taxes (CBDT) vide its Order u/s. 119 of the Income-tax Act,1961 , dated 23rd July 2019 has extended the due date for filing the Income-tax returns in respect of all taxpayers who are liable to file Income tax returns. The extended due date is 31st Aug 2019 (earlier due date was 31st July 2019).

The relevant order is provided below

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Source :- www.incometaxindiaefiling.gov.in

 

 

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Update for GST Composition Dealers

The Composition dealers are required to comply with Payment of Tax & File yearly return from the year 2019-20 onwards. (As per notification 21/2019 -Central Tax – dtd 23rd April 2019)

The above said payment shall be made by Composition dealers through form CMP-08 on or before 18th July 2019 (For quarter Apr 19 to Jun 19)

The GST portal has not enabled the form CMP-08 yet for composition dealers.

In view of the above, the last date for the payment of tax for the Quarter Apr 19 to Jun 2019 , in CMP-08 , has been extended till 31st July 2019.

The notification to this effect is provided below

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Advance Tax Calculator for AY 2020-21

The due date for payment of Advance tax for the year 2019-20 (AY 2020-21) falls on 15th June 2019.

Click here to open a tool which will help you calculate your Advance tax liability.

Click here for the link for Payment of Advance Tax online.

Please ensure to give your correct PAN , Address , Assessment year 2020-21 & Type of Payment as “Advance Tax”.

Timely Payment of Advance tax helps you avoid Interest on Deferment/Short Payment of Advance tax.

Wish you a Happy Financial year ahead….

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Notification on enhanced Turnover Limit for GST Registration

The much awaited notification for prescribing higher Turnover limit for GST Registration in Tamilnadu has been issued.

As per this notification, Any person who is engaged in exclusive supply of goods and whose aggregate turnover in a financial year does not exceed Rs. 40 lakhs, are exempt from taking Registration under GST.

The benefit of this notification can be availed if the following conditions are satisfied :-

1) You should exclusively deal in Supply of goods. This means if you are a service provider, the existing limit of Rs. 20 Lakhs continues. Works contractors are also not eligible for this benefit since they are service providers.
2) You should deal only within state. If you are doing a inter-state taxable suppply, you are not eligible
3) You should not be a person required to pay tax under Reverse Charge mechanism
4) Existing registered persons who opt to continue their registration will not be covered under this
5) If you are trading in Ice cream and other edible Ice, Pan Masala, Tobacco and manufactured tobacco substitutes.

The extract of the notification is attached herewith.

The CGST notification regarding the same is also attached herewith.

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Important info on New GST ITC set off procedure w.e.f. 01st Feb 2019

New GST Input Tax Credit (ITC) Set off procedure w.e.f. 01 st Feb 2019.

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