Key highlights of 35th GST Council meeting

The 35th GST Council meeting was held on 21st June, 2019. Following decisions were taken in the meeting:

1. GST annual return due date extended till 31 August 2019 for FY 2017-18

The due date for filing of Annual Return (GSTR-9 and GSTR-9A) and Audit (GSTR-9C) for the FY 2017-18 will be extended by two months, till 31st August, 2019 by an official notification.

2. Extension for filing FORM GST CMP-02

Last date for filing of intimation, in FORM GST CMP-02, for availing the option of payment of tax under notification No. 2/2019-Central Tax (Rate) dated 07.03.2019, to be extended from 30th April, 2019 to 31st July, 2019. Click here to read more.

3. Extension for filing FORM GST ITC-04

Filing of FORM GST ITC-04, relating to job work, has been extended till 31st August, 2019 for the period July, 2017 to June, 2019.

4. New GST Return System:

GST Council has decided to introduce a new return system for verification of taxpayers registering themselves under GST. Aadhaar number shall be linked to the GSTIN while generation. The system will be introduced in a phased manner:

i. Between July, 2019 to September, 2019, the new return system (FORM GST ANX-1 & FORM GST ANX-2 only) to be available for trial for taxpayers and taxpayers will continue to file FORM GSTR-1&FORM GSTR-3B.

ii. From October, 2019 onwards, FORM GST ANX-1 will be compulsory to be filed monthly for large taxpayers (having aggregate turnover of more than Rs. 5 crores in previous year) and quarterly for small taxpayers.

iii. For October and November, 2019, large taxpayers will continue to file FORM GSTR-3B on monthly basis and will file first FORM GST RET-01 for December, 2019 in January, 2020. Invoices etc. can be uploaded in FORM GST ANX-1 on a continuous basis both by large and small taxpayers from October, 2019 onwards. FORM GST ANX-2 may be viewed simultaneously during this period but no action shall be allowed on such FORM GST ANX-2.

iv. From October, 2019, small taxpayers will stop filing FORM GSTR-3B and start filing FORM GST PMT-08. They will file their first FORM GST-RET-01 for the quarter October, 2019 to December, 2019 in January, 2020.

v. From January, 2020 onwards, FORM GSTR-3B to be completely phased out.

5. NAA tenure extended by two years

Tenure of National Anti-profiteering Authority (NAA) has been extended by two years. The tenure was ending on 30th November, 2019.

6. E-invoicing to start from January 2020

The Council decided that new system for raising all the tax invoices (B2B transactions) on the GST portal will be implemented. The Phase 1 is proposed to be voluntary and it shall be rolled out from January 2020.

7. Location of GST Appellate Tribunal.

The Council took a decision regarding location of the State and the Area Benches for the Goods and Services Tax Appellate Tribunal (GSTAT) for various States and Union Territories with legislature. It has been decided to have a common State Bench for the States of Sikkim, Nagaland, Manipur and Arunachal Pradesh.

GST Rates on Electric vehicle/ charger, Solar Power Generating Systems and Wind Turbines and Lottery
The Council recommended that the issues relating to GST concessions on electric vehicle, charger and hiring of electric vehicle to be examined in detail by the Fitment Committee and brought before the Council in the next meeting. Issues related to Solar Power Generating Systems and Wind Turbines will also be placed before next Fitment Committee. On the issue of rate of lottery, the Council recommended that certain issues relating to taxation (rates and destination principle) would require legal opinion of Learned Attorney General.

Click here to see press release.

Click here to see decision on NAA, GSTAT and e-invoice.

Click here to see decisions on rate change.

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