With insertion of new clauses to Rule 21 - Officer can proceed for cancellation of GSTIN
Clause (e) - where a taxpayer avails Input Tax Credit (ITC) exceeding than that permissible in Section 16.
(Section 16 is eligibility and conditions for claiming ITC)
*Clause (f) * -where the liability declared in GSTR 3B is less than that declared in GSTR 1 in a particular month.
The words “after affording the said person with reasonable opportunity of being heard has been omitted from clause (2) of Rule 21A.
Impact to this will be that no opportunity of being heard will be given to a taxpayer for suspension of GSTIN, where the proper officer has reasons to believe that the registration of person is liable to be cancelled
Where there are significant anomalies between details of outward supply between GSTR3B and GSTR1 or inward supplies between GSTR3B and GSTR2B which indicate contravention of Act, department shall issue SCN in a newly introduced FORM REG-31 as to why GSTIN should not be cancelled.
Taxpayer shall be required to submit his response within 30 days of service of notice
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Restriction on Utilization of Input Tax Credit (#ITC ) – Newly inserted Rule 86B
Rule 86B shall be affected from 1st Jan 2021 wherein restriction has been placed on setting off more than 99% of tax liability from ITC where the value of taxable supplies other than exempt supply and zero rated supply exceeds Rs. 50 lakhs in a month.
Though few exceptions have been provided to this rule which are as follows:
(i)Where the taxpayer has paid Income Tax exceeding Rs. 1 lakh in two preceding financial year.
(ii)Where taxpayer has received refund exceeding Rs. 1 lakhs u/s 54 of CGST Act 2017.
GSTR 1 to be blocked in case of non-filing of GSTR 3B
Where a taxpayer fails to file GSTR 3B for two subsequent months, not just his EWB but also his GSTR 1 be blocked.
In case of quarterly return filers, the taxpayer who missed to file GSTR 3B for the preceding quarter shall not be permitted to file GSTR 1 or Invoice Furnishing Facility (IFF) of subsequent quarter