Effective Changes with the advent of a New Year,2021
Notification No. 94/2020-Central Tax dated 22.12.2020, CGST
Change in Rule 86B (Restriction on use of Input Tax Credit for discharging the output liability) has been inserted into CGST Rules, 2017, and is effective from 1st, January 2021.
- Rule 86B has an overriding on any other rule.
- The rule casts a restriction on use of amount available in electronic credit ledger to discharge liability towards output tax.
- It is applicable on the registered person whose value of taxable supply (other than exempt and zero-rated supply), in a month exceeds fifty lakh rupees. This limit is to be checked for each month for which return is being filed.
- The Input tax credit cannot be used in excess of 99% of Output liability i.e. minimum 1% of the output tax liability has to be discharged in cash.
Exemption to the Rule 86(4)
- Rule 86B would not be applicable in cases where the said registered person has deposited the amount more than rupees one lakh as income tax under the Income-tax Act, 1961
- Rule 86B would not be applicable in cases wherein registered person has received a refund amount of more than one lakh rupees in the preceding financial year on account of unutilised input tax credit under section 54(3)(i) or (ii) i.e. zero rated supplies made without payment of tax and inverted duty structure.
Rule 36(4) of CGST Rules, 2017
- Under the said rule, the limit of availing of ITC in excess of ITC in 2A has been reduced to 5% from 10% applicable from 1st January’2021.
Rule 59 of CGST Rules, 2017
- The rule casts restriction on filing of GSTR1 if the taxpayer defaults in filing GSTR3B for previous two months (if the monthly returns are filed) or for previous period (if quarterly returns are filed).
Rule 9(1)a of CGST Rules, 2017
- Where the person opting for GST registration fails authentication of Aadhaar number or does not opt for Aadhaar authentication, then the registration shall be granted as deemed registration in ‘seven days’ reduced from ‘three days’
- QMRP Scheme applicable from 1st January’2021.
- E-invoicing applicable from 1st January’2021 for entities having turnover more than 100 crores.
Recent Judgement
M/s Hindustan Zinc Limited v/s Commissioner Central Goods and service Tax, Appllate Tribunal Delhi- Where the commissioner dismissed the appeal as time barred. The Order in Original was dispatched through speed post by the adjudicating authority on 27.04.2018 and was not returned undelivered, was presumed to be delivered. The assesse filed an appeal contending that the appeal was filed within the time limit when the order was received on 15.01.2019. There is a presumption that the order has not been returned, so it was delivered, but there was not any proof of delivery with the adjudicating authority. The benefit of doubt goes in favour of assesse and it is held that the assesse received the impugned order on 15.01.2019 and filed an appeal within the prescribed time limit.
GST Calendar – January 2021
| Nature of Compliance | Due date |
| GSTR- 7– December’ 2020 tax deducted at source | 10 Jan 2021 |
| GSTR-1 December’ 2020 turnover more than 5 cr. | 11 Jan 2021 |
| IFF- Invoice furnishing facility ( Availing QRMP) | 13 Jan 2021 |
| GSTR-6 – December’ 2020 Input Service Distributor | 13 Jan 2021 |
| GSTR – 3B December’ 2020 turnover more than 5 Cr | 20 Jan 2021 |
| GSTR-5 December’ 2020 Non-Resident Taxable Person | 20 Jan 2021 |
| GSTR-5A December’ 2020 OIDAR Service Provider | 20 Jan 2021 |
| GSTR-3B December’ 2020 turnover upto 5 Crore | 24 Jan 2021 |
| GSTR 9 – FY 2019-20 annual aggregate turnover more than Rs. 2 cr. | 28 Feb, 2021 |
| GSTR 9C – FY 2019-20 annual aggregate turnover more than Rs. 5 cr. | 28 Feb 2021 |