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Monday, February 18, 2019

Recent Circular issued by CBIC

1. CBIC seeks to clarify situations of mentioning details of inter-State supplies made to unregistered persons in Table 3.2 of FORM GSTR-3B and Table 7B of FORM GSTR-1 [Circular No. 89/08/2019-GST]

Registered persons making inter-State supplies to unregistered persons have been instructed to report details of such supplies along with the place of supply in Table 3.2 of FORM GSTR-3B. Similar transactions with invoice value up to Rs 2.5 lakhs to be reported in Table 7B of FORM GSTR–1. It has been explained that non-mentioning of such information would result in non-apportionment of the due amount of IGST to the State where such supply takes place, mismatch in the quantum of goods or services or both actually supplied in a State and the amount of integrated tax apportioned resulting non-compliance of Section 17(2) of IGST Act, 2017. The circular also states that contravention of any of the provisions of the Act or the Rules attracts penalty of Rs. 25000/-

2. CBIC seeks to clarify situations of compliance of rule 46(n) of the CGST Rules, 2017 while issuing invoices in case of inter- State supply [Circular No. 90/08/2019-GST]

All registered persons making supply of goods or services or both in the course of interstate trade or commerce to specify the place of supply (POS) along with the name of the state in the tax invoice issued as per Section 31 of CGST Act 2017. Contravention of any provisions of the Act or Rules would attract penal provisions u/s 122/125 of the CGST Act.

3. CBIC seeks to give clarification regarding tax payment made for supply of warehoused goods while being deposited in a customs bonded warehouse for the period July, 2017 to March, 2018 [Circular No. 91/08/2019-GST]

The said suppliers shall be deemed to have complied with the provisions of law as far as payment of tax is concerned so long as the amount of CGST+SGST is equal to the IGST due on such supplies. The circular further states that due to the non-availability of the facility on the common portal during the said period, suppliers have reported such supplies as intra-State instead of inter-State supplies.

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