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Clarificatory Circular 46/03/2025 Issued by GSTN Regarding Late Fees on GSTR-9C

 

GST Circular No. 46/03/2025-GST, Dated 30 January 2025

Clarification on Applicability of Late Fee for Delay in Furnishing FORM GSTR-9C

Background

Representations have been received seeking clarification on the levy of late fees for the delayed filing of the reconciliation statement in FORM GSTR-9C. Specifically, it has been requested to clarify whether late fees under Section 47 of the CGST Act, 2017 will be applicable when FORM GSTR-9C is not furnished along with the annual return in FORM GSTR-9, but is filed subsequently after the due date.

To ensure uniform implementation across all field formations, the Board, exercising its powers under Section 168(1) of the CGST Act, provides the following clarifications.

Statutory Provisions Governing GSTR-9C Filing

Period Requirement
Prior to 01.08.2021 Sub-section (2) of Section 44 required registered persons whose accounts were audited under Section 35(5) to furnish their Annual Return (GSTR-9) along with a copy of audited annual accounts and a reconciliation statement in FORM GSTR-9C.
From 01.08.2021 onwards The requirement to get accounts audited was omitted. Now, Section 44(1) mandates the filing of an annual return, which may include a self-certified reconciliation statement (GSTR-9C) for taxpayers with an aggregate turnover exceeding ₹5 crore in a financial year.

Mandatory Filing of GSTR-9C with GSTR-9

Understanding the Relationship Between GSTR-9 and GSTR-9C

Both before and after the amendment, the law mandates that registered persons required to file FORM GSTR-9 for a financial year must also furnish a duly certified or self-certified reconciliation statement in FORM GSTR-9C, where applicable.

Aggregate Turnover Filing Requirement
≤ ₹5 crore Only GSTR-9 is required.
> ₹5 crore Both GSTR-9 and GSTR-9C must be filed together.

If FORM GSTR-9C is required but not furnished, the annual return filing is considered incomplete under Section 44 of the CGST Act.

Applicability of Late Fees under Section 47

Sub-section (2) of Section 47 of the CGST Act prescribes a late fee for failure to furnish the annual return under Section 44 by the due date.

  • If GSTR-9C is mandatorybut not furnished, the annual return remains incomplete, and late fees continue to accrue.
  • Late fees apply from the due date of filing GSTR-9 until both GSTR-9 and GSTR-9C are furnished.

Late Fee Calculation Based on Filing Status

Scenario Late Fee Applicability
GSTR-9 filed, but GSTR-9C required but not filed Late fee applies until GSTR-9C is also filed.
GSTR-9 and GSTR-9C filed together Late fee applies from due date to actual filing date.
GSTR-9C not required Late fee applies only on GSTR-9.

Late Fee Waiver for Delayed Filing up to FY 2022-23

As per Notification No. 08/2025-Central Tax, dated 23.01.2025, the late fee has been waived for any delay in filing GSTR-9C for financial years up to 2022-23, provided the reconciliation statement is furnished on or before March 31, 2025.

Waiver Conditions

Condition Waiver Eligibility
GSTR-9C required but not furnished earlier ✅ Late fee waived if filed on or before March 31, 2025.
GSTR-9 filed, but GSTR-9C was delayed ✅ Late fee waived beyond the GSTR-9 filing date.
GSTR-9C filed after March 31, 2025 ❌ Late fee applies as per Section 47.

🚫 No refund will be provided for any late fee already paid for delayed GSTR-9C filing in past years.

 

Important GST Rate Updates for Hotel-Based Restaurant and Outdoor Catering Services Effective from 1 April 2025

Effective from April 1, 2025

📜 Notification No. 05/2025-Central Tax (Rate) & 08/2025-Central Tax (Rate) dated January 16, 2025

Key Changes and Impact

  1. Omission of “Declared Tariff”

The definition of “declared tariff” has been omitted.

✅ GST will now be determined based on the actual value charged to the customer rather than the advertised or published tariff.
✅ Fairer Tax Structure
  1. Revised Definition of “Specified Premises”

The definition has been updated to provide more clarity and flexibility for hotel operators.

The GST rate for restaurant services within hotels will now be based on the value of accommodation supplied in the preceding financial year.
Optional Flexibility: Hotels can opt for an 18% GST rate with ITC for their restaurant services, regardless of room rates, by filing a declaration at the start of the financial year or upon registration.
  1. Classification of “Specified Premises”
Criteria Details
(a) High-Value Accommodation Hotels offering rooms valued at above ₹7,500 per unit per day or equivalent in the preceding financial year are considered “specified premises.”
(b) Declaration by Existing Hotels Hotels can declare themselves as “specified premises” between January 1st and March 31st of the preceding financial year. This enables them to opt for an 18% GST rate with ITC for restaurant services, regardless of room rates.
(c) Declaration by New Hotels New hotels applying for GST registration can declare themselves as “specified premises” within 15 days of acknowledgment of their registration application.
  1. GST on Restaurant Services Provided Through E-Commerce Operators (ECOs)

As per Notification No. 17/2017-Central Tax Rate dated June 28, 2017, Electronic Commerce Operators (ECOs) are required to pay GST on restaurant services provided through their platforms. However, this rule does not apply when supplied by restaurants, eating joints, or similar establishments located at “specified premises.”

🔹 Changes in Definition of Specified Premises for E-Commerce Operators
📌 Explanation (c) of the notification has been amended to align with the new definition of “specified premises” as stated above.

Impact Explanation
✅ Hotels providing accommodation services with an accommodation charge of less than ₹7,500 per unit per day but opting to declare their hotels as specified premises shall now pay GST on restaurant services supplied through e-commerce platforms on their own. This means that E-Commerce Operators (ECOs) are not required to pay GST on such restaurant services.

📢 Key Takeaway:
These changes ensure better clarity in tax applicability for hotel and restaurant services while allowing businesses to choose tax structures that best suit their operations.

CBIC clarifies: Penal charges imposed by banks are not subject to GST:

Goods and Services Tax (GST) will not be applicable on penal charges levied by banks and non-banking finance companies (NBFCs), the CBIC has said. The Central Board of Indirect Taxes and Customs (CBIC) through a circular has also clarified that GST will not be levied on transactions of up to Rs 2,000 facilitated by payment aggregators on online platforms.

Clarifying the issue of GST applicability on penal charges levied by banks and NBFCs, the CBIC said penal charges levied by Regulated Entities governed by the RBI are essentially in the nature of charges for breach of terms of contract and hence, do not attract GST.

“As recommended by the 55th GST Council, it is hereby clarified that no GST is payable on the penal charges levied by Regulated Entities… for non-compliance with material terms and conditions of loan contract by the borrower,” the CBIC said.

Experts said this clarification is significant as it settles interpretational disputes at the field level.

“By reiterating the essence of contractual obligations’ that contracts are meant for performance and not breach’ the GST Council has eliminated ambiguity regarding the taxability of such charges. The exclusion of penal charges from the GST ambit ensures compliance with RBI directives and prevents undue financial burdens on regulated entities and borrowers,” He added.

With regard to taxation on payment aggregators, the CBIC said it has received representations seeking clarity on the applicability of GST exemption to Payment Aggregators (PAs) in relation to settlement of up to Rs 2,000 in a single transaction, transacted through credit card, debit card, charge card or other payment card services.

Payment Aggregators (PAs) are entities that facilitate e-commerce sites and merchants to accept various payment instruments from their customers without the need for the e-commerce sites and merchants to create a separate payment integration system of their own. In the process, PAs receive payments from customers, pool and transfer them on to the merchants within a specified time period.

The CBIC also quoted RBI guidelines which distinguish PAs and Payment Gateways, which provide technology infrastructure to route and facilitate processing of an online payment transaction without any involvement in handling of funds.

“It is hereby clarified that GST exemption … is available to RBI regulated Payment Aggregators (PAs) in relation to settlement of an amount, up to Rs 2,000 in a single transaction, transacted through credit card, debit card, charge card or other payment card services, as PAs fall within the definition of ‘acquiring bank’,” the CBIC said.

The CBIC also clarified that this GST exemption is limited to payment settlement function only, which involves handling of money, and does not cover Payment Gateway services.

Expert said the clarifications issued by the CBIC on interpretative issues demonstrate the Government’s commitment to foster a predictable tax environment for businesses. This approach is likely to lead to greater tax certainty and a more conducive business environment.

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20 Essential GST Tasks Starting February 2025 for the New Financial Year 2025–26: Latest Updates on GST Portal

As the financial year 2025-26 approaches, it’s essential for businesses to ensure compliance with Goods and Services Tax (GST) regulations. Below is a comprehensive checklist to guide you through the necessary actions:

File Letter of Undertaking (LUT) for Zero-Rated Supplies

If your business engages in zero-rated supplies, such as exporting goods or services or supplying to SEZ units/developers without payment of IGST, you must submit a Letter of Undertaking (LUT) for the financial year 2025-26. Ensure this is filed by March 31, 2025. Option is now available on GST Portal.

Businesses eligible and wishing to opt for the GST Composition Scheme for FY 2025-26 should file Form CMP-02 by March 31, 2025. If transitioning from the regular scheme to the composition scheme, remember to reverse the Input Tax Credit (ITC) claimed on inputs, work-in-progress, finished goods stock as of March 31, 2025, and capital goods (on a reduced percentage basis) by filing Form ITC-03 by May 30, 2025.

Option is now available on GST Porta

Filing of ITC-03 for Transition to Composition Scheme:

In case of transitioning from a regular taxpayer to a composition taxpayer, ITC-03 is required to be filed within 60 days from the commencement of the financial year, i.e., on or before 30th May 2025.

Opt-In or Out of QRMP Scheme

The Quarterly Return Monthly Payment (QRMP) scheme allows registered persons with an aggregate turnover of up to ₹5 crores to file GST returns quarterly while making monthly tax payments. To opt in or out of the QRMP scheme for FY 2025-26, ensure your selection is made by April 30, 2025.

Obtain Declarations from Goods Transport Agencies (GTA)

For FY 2025-26, collect declarations from Goods Transport Agencies (GTA) that opt to pay GST under the forward charge mechanism. This documentation is crucial to justify the non-payment of GST under the reverse charge mechanism (RCM).

Reset Invoice Number Series

As per GST regulations, businesses should start a new invoice series unique to the financial year. This applies to all documents, including tax invoices, credit notes, debit notes, and bills of supply. Implement the new series from April 1, 2025, to ensure compliance.

Recalculate Aggregate Turnover

Reassess your aggregate turnover for FY 2024-25 to determine eligibility and compliance requirements for FY 2025-26. This evaluation affects decisions related to GST registration, the Composition Scheme, the QRMP scheme, e-invoicing mandates, and Rule 86B concerning 1% cash payment.

Reconcile Input Tax Credit (ITC)

Conduct a thorough reconciliation between your books of accounts, GSTR-2B, and GSTR-3B to identify discrepancies. Ensure all eligible ITC for FY 2024-25 is claimed, ineligible ITC is reversed, and any mismatches are addressed promptly.

Settle Reverse Charge Mechanism (RCM) Liabilities

Review all purchases and expenses to identify transactions subject to RCM. Ensure that RCM liabilities are paid, reported in GSTR-3B, and corresponding ITC is claimed where applicable. Maintain self-invoices for all RCM-applicable transactions.

Update HSN Codes

Verify that the correct Harmonized System of Nomenclature (HSN) codes are used in invoices, especially if there have been changes in turnover thresholds affecting the number of digits required.

By diligently following this checklist, businesses can ensure a smooth transition into the new financial year, maintaining compliance with GST regulations and avoiding potential pitfalls.

Implementation of mandatory mentioning of HSN codes in GSTR-1 & GSTR 1A

After successful implementation of Phase-I Phase-II now Phase-III regarding Table 12 of GSTR-1 & 1A is being implemented, from return period February 2025. In this phase manual entry of HSN has been replaced by choosing correct HSN from given Drop down. Also, Table-12 has been bifurcated into two tabs namely B2B and B2C, to report these supplies separately. Further, validation regarding values of the supplies and tax amounts involved in the same, have also been introduced for both the tabs of Table-12. However in initial period these validations have been kept in warning mode only, which means failing the validation will not be a blocker for filling of GSTR-1& 1A. To view the detailed advisory please click here

Cross Charge:

Identify the common expenses incurred for related or distinct persons on which ITC has been availed by the taxpayer. The taxpayer needs to cross-charge such expenses to the respective entities / GSTIN of the same entity on the basis of turnover (or such other reasonable method of allocation as applicable to the industry).

Introduction of E-Way Bill (EWB) for Gold in Kerala State

It is hereby informed that a new option for generating E-Way Bills (EWB) for gold has been introduced in the EWB system, effective from January 20, 2025. This feature has been made available to facilitate taxpayers in Kerala State to generate EWB for goods classified under Chapter 71, excluding Imitation Jewellery, for intrastate movement, in compliance with the notification issued by the Government of Kerala.

Waiver Scheme under Section 128A

It is to inform that both Forms GST SPL 01 and GST SPL 02 are available in the GST portal and the taxpayers are advised to file applications under waiver scheme.

One of the eligible conditions for filing application under waiver scheme is to withdraw the appeal applications filed against the demand order/notice/statement for which waiver application is to be submitted. In this regard, it is to inform that for the appeal applications (APL 01) filed before First Appellate authority, withdrawal option is already available in the GST portal. However, for the appeal applications (APL 01) filed before 21.03.2023, withdrawal option is not available in GST portal. For such cases, the taxpayers are advised to submit their request for withdrawal of appeal applications to the concerned Appellate Authority. The Appellate authority will forward such requests to GSTN through State Nodal officer for withdrawal of such appeal applications (i.e. filed before 21.03.2023 and not disposed off) from backend.

Difficulty if any faced by the taxpayers may be reported to https://selfservice.gstsystem.in by raising a ticket under category “Issues related to Waiver Scheme”.

Filing of Application for Rectification as per Notn. 22/2024-CT, dtd. 08/10/24, 2024

The Central Government, on the recommendations of the 54th GST Council, had issued Notification No. 22/2024 – CT dated 08.10.2024 and notified that any registered person against whom any order confirming demand for wrong availment of ITC, on account of contravention of provisions of sub-section (4) of section 16 of the said Act had been issued, but where such ITC is now available as per the recently inserted sub-sections (5) and/or (6) of section 16 of the Act, would now be able to file an application for rectification of such demand orders.

A functionality has now been made available on the Portal for taxpayers to file an application for rectification of such orders issued under section 73/74. They can file it, post login, by navigating Services > User Services > My Applications, selecting “Application for rectification of order” in the Application Type field, and clicking on the NEW APPLICATION button. A hyperlink has also been provided on the Portal to download the proforma in Annexure A in word format, required to be uploaded after entering details of the demand order of the ITC wrongly availed on account of contravention of sub-section (4) of section 16 of the CGST Act, now eligible as per sub-section (5) and/or (6) of section 16 of the CGST Act, while filing the application for rectification.

Please click on: https://tutorial.gst.gov.in/downloads/news/step_by_step_process_filing_rectification_application.pdf to view detailed step by step process on filing of rectification application.

Advisory for Form GST DRC-03A

  1. It has been observed that some taxpayers have paid the demanded amount vide DRC 07/DRC 08/MOV 09/MOV 11/APL 04 through DRC-03 instead of using payment facility ‘Payment towards demand’ available on GST portal. This led to a situation where demand has been paid by the taxpayer, however the demand is not closed in the electronic liability register. To address this issue, the government has notified a new form named GST DRC-03A which was notified vide Notification No. 12/2024 dated. 10th July 2024.
  2. Accordingly, GSTN has developed the new Form GST DRC-03A on GST portal which is available now to adjust the paid amount through DRC-03 against the corresponding demand order. Therefore, it is advised to the taxpayers to use the DRC-03A form to link the payment made vide DRC-03 with the demand order. Only DRC-03 forms where the cause of payment is either ‘Voluntary’ or ‘Others’ can be used in the Form GST DRC-03A.
  3. Taxpayers will be required to enter the ARN of the DRC-03 along with the relevant demand order number on the portal. Upon entering the ARN and selecting the demand order number of any outstanding demand, the system will auto-populate relevant information of the DRC-03 form as well as from the specified demand order against which the payment is to be adjusted.
  4. Once the adjustment is made, corresponding entries will automatically be posted in the taxpayer’s liability ledger to reflect the updated status of demands.
  5. For detailed process, please click on Detailed Advisory.
  6. Taxpayer may refer to the FAQson the same topic.
  7. In case taxpayers face any technical issue, a ticket shall be raised under category ‘DRC-03A-Filing’ on Grievance Redressal Portal:https://selfservice.gstsystem.in

Time Limit for Reporting e-Invoice on the IRP Portal – Lowering of Threshold to AATO 10 Crores and Above

With reference to the earlier advisory dated 13th September 2023 (https://einvoice.gst.gov.in/einvoice/newsandupdates/read-602), where a time limit of 30 days for reporting e-Invoices on IRP portals for taxpayers with an AATO of 100 crores and above was implemented, the threshold has now been lowered to cover taxpayers with an AATO of 10 crores and above.

Therefore, from 1st April 2025, taxpayers with an AATO of 10 crores and above would not be allowed to report e-Invoices older than 30 days from the date of reporting on IRP portals.

This restriction would apply to all document types (Invoices/Credit Notes/Debit Notes) for which an IRN is to be generated.

For example, if an invoice is dated 1st April 2025, it cannot be reported after 30th April 2025. The validation built into the invoice registration portals (IRP) would disallow the user from reporting the e-Invoice after the 30-day window. Hence, it is essential for taxpayers to ensure that they report the e-Invoice within the 30-day window provided by the new time limit.

It is further clarified that there would be no such reporting restriction on taxpayers with an AATO of less than 10 crores as of now

To provide sufficient time for taxpayers to comply with this requirement, the above limit would come into effect from 1st April 2025 onwards.

 

Updated List of Services Under Reverse Charge Mechanism – Effective January 2025

The Reverse Charge Mechanism (RCM) under GST requires the recipient of specified services to pay tax instead of the supplier. Effective January 2025, certain revisions have been introduced. RCM on supply of services as per Under Notification No. 13/2017-Central Tax (rates) and Notification No. 07/2019- Central Tax (Rate)

Sl. No. Category of Supply of Services Supplier of Service Recipient of Service
1 Supply of Services by a goods transport agency (GTA) in respect of transportation of goods by road to:
(a) Any factory registered under or governed by the Factories Act, 1948;
(b) Any society registered under the Societies Registration Act, 1860 or any other law;
(c) Any co-operative society established by law;
(d) Any registered person under GST laws;
(e) Any body corporate;
(f) Any partnership firm;
(g) Any casual taxable person. Exceptions are provided.
Goods Transport Agency (GTA) Any factory, society, co-operative society, registered person, body corporate, partnership firm, or casual taxable person located in the taxable territory.
2 Services supplied by an individual advocate including a senior advocate or a firm of advocates by way of representational services before any court, tribunal, or authority to a business entity in the taxable territory. An individual advocate including a senior advocate or firm of advocates Any business entity located in the taxable territory.
3 Services supplied by an arbitral tribunal to a business entity. An arbitral tribunal Any business entity located in the taxable territory.
4 Services provided by way of sponsorship to any body corporate or partnership firm. Any person (other than a body corporate).

Changed from 16 Jan 2025 (NN 07/2025)

Any body corporate or partnership firm located in the taxable territory.
5 Services supplied by the Central Government, State Government, Union territory, or local authority to a business entity, excluding:
(i) Renting of immovable property;
(ii) Services by the Department of Posts;
(iii) Services in relation to an aircraft or vessel;
(iv) Transport of goods or passengers.
Central Government, State Government, Union territory, or local authority Any business entity located in the taxable territory.
5A Services supplied by the government by way of renting of immovable property to a registered person. Central Government, State Government, Union territory, or local authority Any person registered under GST.
5AA Service by way of renting of residential dwelling to a registered person. Any person Any registered person.
5AB Service by way of renting of any immovable property other than residential dwelling. Effective from 10.10.2024. Any unregistered person Any registered person (other than a person who has opted for composition levy).
Changed from 16 Jan 2025 (NN 07/2025)
5B Services supplied by any person by way of transfer of development rights or Floor Space Index (FSI) for construction of a project by a promoter. Any person Promoter.
5C Long-term lease of land (30 years or more) by any person against consideration in the form of upfront amount or periodic rent for construction of a project by a promoter. Any person Promoter.
6 Services supplied by a director of a company or a body corporate to the said company or body corporate. A director of a company or a body corporate The company or body corporate located in the taxable territory.
7 Services supplied by an insurance agent to any person carrying on insurance business. An insurance agent Any person carrying on insurance business, located in the taxable territory.
8 Services supplied by a recovery agent to a banking company, financial institution, or NBFC. A recovery agent A banking company, financial institution, or NBFC located in the taxable territory.
9 Supply of services by an author, music composer, photographer, artist, or the like by way of transfer of copyright related to literary, dramatic, musical, or artistic works to a publisher, music company, producer, or the like. Effective from 01.10.2019. Author, music composer, photographer, artist, or the like Publisher, music company, or producer located in the taxable territory.
9A Supply of services by an author by way of transfer or permitting the use of copyright for literary works to a publisher, subject to specific declarations and registration under GST laws. Effective from 01.10.2019. Author Publisher located in the taxable territory.
10 Services supplied by members of the Overseeing Committee to the Reserve Bank of India. Members of the Overseeing Committee constituted by the Reserve Bank of India Reserve Bank of India.
11 Services supplied by individual Direct Selling Agents (DSAs) other than body corporates or firms to banks or NBFCs. Individual Direct Selling Agents (DSAs) other than body corporates, partnerships, or LLPs Banking company or NBFC located in the taxable territory.
12 Services provided by business facilitators (BF) to a banking company. Business facilitator (BF) Banking company located in the taxable territory.
13 Services provided by agents of business correspondents (BC) to business correspondents. Agent of business correspondent (BC) Business correspondent located in the taxable territory.
14 Security services (supply of security personnel) provided to a registered person. Exceptions apply for certain government entities and composition taxpayers. Any person other than a body corporate Registered person located in the taxable territory.
15 Services by renting motor vehicles where the cost of fuel is included, provided to a body corporate. Effective from 01.10.2019. Any person other than a body corporate who does not issue an invoice charging central tax at 6%. Any body corporate located in the taxable territory.
16 Services of lending of securities under SEBI’s Securities Lending Scheme, 1997. Effective from 01.10.2019. Lender Borrower under SEBI’s Scheme, located in the taxable territory.

Note: CBIC has brought supply of metal scarp by any unregistered person to any registered person under RCM vide Notification No. 06/2024-Central Tax (Rate) dated 08.10.2024 

Explanations:

(a)The person who pays or is liable to pay freight for the transportation of goods by road in goods carriage, located in the taxable territory shall be treated as the person who receives the service for the purpose of this notification.

(b) “Body Corporate” has the same meaning as assigned to it in clause (11) of section 2 of the Companies Act, 2013.

(c) the business entity located in the taxable territory who is litigant, applicant or petitioner, as the case may be, shall be treated as the person who receives the legal services for the purpose of this notification.

(d) the words and expressions used and not defined in this notification but defined in the Central Goods and Services Tax Act, the Integrated Goods and Services Tax Act, and the Union Territory Goods and Services Tax Act shall have the same meanings as assigned to them in those Acts.

(e) A “Limited Liability Partnership” formed and registered under the provisions of the Limited Liability Partnership Act, 2008 (6 of 2009) shall also be considered as a partnership firm or a firm.

(f) “insurance agent” shall have the same meaning as assigned to it in clause (10) of section 2 of the Insurance Act, 1938 (4 of 1938).

(g) “renting of immovable property” means allowing, permitting or granting access, entry, occupation, use or any such facility, wholly or partly, in an immovable property, with or without the transfer of possession or control of the said immovable property and includes letting, leasing, licensing or other similar arrangements in respect of immovable property.’.

(h) Provisions of the Notification No. 13/2017 Central Tax (Rate), in so far as they apply to the Central Government and State Governments, shall also apply to the Parliament, State Legislatures, and w.e.f. 01.03.2023 to Courts and Tribunals.

(i) The term “apartment” shall have the same meaning as assigned to it in clause (e) under section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2017).

(j) the term “promoter” shall have the same meaning as assigned to it in clause (zk) under section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2017).

(k) the term “project” shall mean a Real Estate Project (REP) or a Residential Real Estate Project (RREP);

(l) “the term “Real Estate Project (REP)” shall have the same meaning as assigned to it in in clause (zn) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016).

(m) The term “Residential Real Estate Project (RREP)” shall mean a REP in which the carpet area of the commercial apartments is not more than 15 per cent. of the total carpet area of all the apartments in the REP.

(n) “floor space index (FSI)” shall mean the ratio of a building’s total floor area (gross floor area) to the size of the piece of land upon which it is built.”

Applicability of RCM on various categories is as under:

Serial No. Details Effective Date Notification Reference
5AB “than a person who has opted to pay tax under composition levy” inserted 16th January 2025 Notification No. 07/2025-Central Tax (Rate)
4 After the words “Any person”, the words “other than a body corporate” inserted 16th January 2025 Notification No. 07/2025-Central Tax (Rate)
1 to 5 and 9 Applicable 1st July 2017 and 1st October 2019 N/A
5A Applicable 25th January 2018 N/A
5AB Applicable 10th October 2024 Notification No. 9/2024-Central Tax
10 Applicable 13th October 2017 N/A
11 Applicable 27th July 2018 N/A
12, 13, 14 Applicable 1st January 2019 N/A
5B and 5C Applicable 1st April 2019 N/A
15 & 16 Applicable 1st October 2019 N/A
5AA Applicable 18th July 2022 N/A
5AB Applicable 10th October 2024 N/A

 

Strict Locking of System-Generated Liabilities in GSTR-3B | Latest GST Advisory

The Goods and Services Tax Network (GSTN) has issued an important update regarding the planned implementation of the hard-locking of auto-populated liability in GSTR-3B returns. Here is everything you need to know about this development:

Background and Advisory

On October 17, 2024, GSTN issued an advisory announcing that the ability to edit auto-populated liability in GSTR-3B would be restricted from the January 2025 tax period. This measure was aimed at ensuring greater accuracy and consistency in GST filings by preventing manual alterations to system-generated figures, which are based on GSTR-1 and other relevant data.

Temporary Postponement of Hard-Locking Implementation

Following the advisory, GSTN received several requests from the business community and trade associations seeking more time to adapt to the proposed change. In response to these concerns, GSTN has decided not to implement the non-editable feature from the January 2025 tax period as originally planned.

This decision provides taxpayers with additional time to review their internal systems and processes to align with the upcoming change.

Key Points for Taxpayers

Upcoming Changes: Although the implementation has been deferred, GSTN has confirmed that the hard-locking of auto-populated liabilities in GSTR-3B will be introduced soon.

Preparation Required: Taxpayers are advised to start adapting their processes now. This includes:

  • Verifying the accuracy of data filed in GSTR-1.
  • Ensuring proper reconciliation of sales, invoices, and other details to avoid discrepancies in auto-populated figures.

Future Notification: GSTN will provide adequate notice and detailed instructions before rolling out the changes to ensure a smooth transition for taxpayers.

What Does Hard-Locking Mean for Taxpayers?

Hard-locking of auto-populated liability ensures that:

  • The values in GSTR-3B are consistent with those declared in GSTR-1 and GSTR 2B.
  • Errors due to manual adjustments are minimized, reducing the likelihood of notices or penalties.

While this change promotes accuracy and compliance, taxpayers need to ensure their data is error-free at the source to avoid complications.

Final Words

GSTN emphasizes the importance of adapting to the upcoming changes and encourages taxpayers to review their GST compliance processes. While the immediate implementation has been deferred, this is an opportunity for businesses to prepare effectively. Stay tuned for future updates from GSTN to ensure timely compliance with the new system.

Union Budget 2025: Meet the 5 Key Members of Finance Minister Nirmala Sitharaman’s Budget Team

Finance Minister Nirmala Sitharaman will present Union Budget 2025-26, her eighth consecutive budget, on February 1. Continued spending on infrastructure, welfare schemes, and focus on fiscal prudence will be a challenging task for FM Sitharaman in Budget 2025.

The Union Budget for financial year 2025-26 will be released on the backdrop of GDP growth cooling down to 6.4 per cent in the FY24-25 against 8.2 per cent recorded in FY23-24. Here are the key faces in Finance Minister Nirmala Sitharaman’s Budget 2025 team.

Finance Secretary Tuhin Kanta Pandey

Tuhin Kanta Pandey is presently serving as finance and revenue secretary. Prime Minister Narendra Modi-led government appointed him as revenue department’s secretary months ahead of Union Budget 2025. Pandey will act as the main communication thread between all departments of the Ministry of Finance including Department of Revenue, the Department of Economic Affairs, and the Department of Expenditure.

He is also handling the task of revision of income -tax law, which might be introduced in the upcoming season, reported Economic Times.

CEA V Anantha Nageswaran

Economic Survey is presented a day prior to the presentation of Union Budget 2025, ie on January 31. The document provides a comprehensive overview of the situation of India’s economic sectors including agriculture, industry, services, etc. CEA V Ananta Nageswaran is responsible for overseeing the preparation of Economic Survey 2024-25.

Expenditure Secretary Manoj Govil

Manoj Govil is the secretary of department of expenditure in Nirmala Sitharaman’s Ministry of Finance. Govil is an IIT graduate who has pursued Masters Degree in Public Policy and a PhD in Economics from Princeton University. He is handling key tasks under the Budget 2025 preparation like rationalisation of subsidies and expenditure boost in government-run schemes, reported ET.

M Nagaraju Secretary, Department of Financial Services

M Nagaraju has chaired multiple meetings with public sector lender chiefs to take review various financial inclusion schemes operational in India. As per ET report, his key areas of focus in Union Budget 2025 will include credit flow, deposit mobilisation, fintech regulation, insurance coverage expansion, etc.

Ajay Seth, Secretary of Department of Economic Affairs

Ajay Seth, Secretary of the Department of Economic Affairs, is a Karnataka cadre bureaucrat from the 1987 batch. His career spans over 33 years where he has extensively worked in public finance and taxation for 18 years.

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CBIC has waived the 18% GST on rental income for property owners who are not registered under the GST system.

In a significant development for small taxpayers under the composition scheme, the Central Board of Indirect Taxes and Customs (CBIC) eliminated 18% GST on rent when they lease premises from property owners not registered under GST.

This decision is expected to substantially benefit several restaurants and service providers in the sector.

The GST department previously introduced new regulations regarding GST liability for leased commercial properties, effective from Oct 10, 2024.

These regulations stipulated that tenants registered under GST would need to pay 18% GST through the reverse charge mechanism (RCM) when renting from unregistered property owners.

Industry experts argued that composition scheme participants, particularly restaurants, would struggle with working capital due to the requirement to pay 18% GST without the ability to claim input tax credit (ITC).

Expert said, “The rule created huge working capital issues for tenants who are under the composition scheme. Their turnover is less than Rs 1.50 crore, and their tax liability is 1-6% based on their business type. The 18% GST on RCM created working capital issues for a large number of small traders, manufacturers, and restaurants because they cannot claim ITC for the GST they paid. Now, the CBIC has said that if the dealer under the composition scheme occupies rented premises from an unregistered person, he/she will not have to pay the GST on an RCM basis. This will significantly help the small businesses.”

Expert noted that the CBIC implemented this notification retrospectively from Oct 10, 2024.

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“Notification No. 07/2025 introduces a Temporary Identification Number (TIN) under the GST framework.”

Key Amendments to the Central Goods and Services Tax (CGST) Rules, 2017 – Notification No. 07/2025

The Central Board of Indirect Taxes and Customs (CBIC) issued Notification No. 07/2025 – Central Tax on 23rd January 2025, introducing several amendments to the CGST Rules, 2017. These amendments aim to streamline compliance and address practical issues under the GST framework. Below are the detailed highlights of the changes introduced.

Link of Notification

Introduction of Temporary Identification Number (TIN) – Rule 16A:

A new rule, Rule 16A, has been added to the CGST Rules, 2017.This rule facilitates the issuance of a Temporary Identification Number (TIN) to individuals or entities who are not liable for GST registration but are required to make any payment under the provisions of the GST Act.The proper officer can grant the temporary identification number and issue an order in Part B of FORM GST REG-12.

Changes to Rule 19(1): Integration with FORM GST CMP-02:

  • Rule 19(1)has been amended to incorporate provisions for composition taxpayers.After the words “FORM GST REG-10,” the rule now includes “or in the intimation furnished by the composition taxpayer in FORM GST CMP-02.”This ensures that composition taxpayers can seamlessly update their registration information, reflecting their decision to opt for or withdraw from the composition scheme.

Update to Rule 87(4): Common Portal and Rule 16A Integration:

  • Rule 87(4)has been amended to reflect the addition of Rule 16A.
  • After the words “common portal,” the amendment inserts “as per Rule 16A.”
  • This ensures that the functionality of issuing Temporary Identification Numbers (TIN) under Rule 16A is integrated with the GST common portal for smooth operational efficiency.

 

Effective Dates of Amendments

  • The amendments shall come into force on the date of their publication in the Official Gazette, except where specified as “a date to be notified.”

Summary of Amendments in Tabular Format

Rule Amendment
Rule 16A Introduced to allow issuance of a Temporary Identification Number (TIN) for non-registered persons making payments.
Rule 19(1) Integration of composition taxpayers’ intimation in FORM GST CMP-02 into registration processes.
Rule 87(4) Integration of Rule 16A provisions into the GST common portal.

 

Duplicate Entries in GSTR-2B Addressed – Verify Your ITC Claims: GST Advisory on Reconciliation of GSTR-2B and GSTR-3B.

The GST portal has issued a crucial advisory addressing concerns regarding discrepancies in Input Tax Credit (ITC) reflected in GSTR-2B and GSTR-3B filings. This advisory aims to guide taxpayers on ensuring accurate ITC claims as per the law. The issue of duplicate entries in GSTR-2B has now been rectified, and a corrected GSTR-2B has been generated for taxpayers.

Discrepancies in GSTR-2B

  • Previously, certain taxpayers faced issues with duplicate entries in GSTR-2B.
  • This issue has been resolved, and the GST system has generated a corrected GSTR-2B statement.

Ensuring Correct ITC Claims

  • Taxpayers are advised to cross-verify the ITC values before filing GSTR-3B.
  • ITC claims should align with the corrected figures provided in GSTR-2B.

Sources for Verifying ITC

  • ITC values can be cross-checked from:
    The auto-drafted ITC statement (downloaded GSTR-2B).
    b. The system-generated GSTR-3B PDF.
    c. ITC observed in the mouse-hover feature of Table 4 in GSTR-3B.