{"id":581,"date":"2022-02-05T10:05:24","date_gmt":"2022-02-05T10:05:24","guid":{"rendered":"https:\/\/www.gstworld.co.in\/blog\/?p=581"},"modified":"2022-06-20T14:18:44","modified_gmt":"2022-06-20T13:18:44","slug":"39th-gst-council-meeting-held-on-14th-march-2020","status":"publish","type":"post","link":"https:\/\/www.klickongstworld.com\/blog\/39th-gst-council-meeting-held-on-14th-march-2020\/","title":{"rendered":"39th GST Council Meeting held on 14th March, 2020"},"content":{"rendered":"<p align=\"justify\">The 39th GST Council met under the  Chairmanship of Union Finance &amp;Corporate Affairs Minister Smt.<br \/>\n  Nirmala Sitharaman in Delhi on 14th  March, 2020. The meeting was also attended by Union Minister of State for  Finance &amp;Corporate Affairs Shri Anurag Thakur besides Finance Ministers of  States &amp;UTs and seniors officers of the Ministry of Finance.<\/p>\n<p align=\"justify\">The GST Council,  in its 39th meeting held on 14.03.2020, has made the following recommendations  as<\/p>\n<p align=\"justify\">1.  <strong>Measures for Trade facilitation:<\/strong> <\/p>\n<div align=\"justify\">\n<ul>\n<li><strong>Interest for delay in  payment of GST<\/strong> to be charged on the net cash tax liability w.e.f.  01.07.2017 (Law to be amended retrospectively). <\/li>\n<li> Where registrations have been cancelled till 14.03.2020,  application for <strong>revocation of cancellation  of registration<\/strong> can be filled up to 30.06.2020 (extension of period of  application as one-time measure to facilitate those who want to conduct  business). <\/li>\n<li><strong>Annual Return:<\/strong> <br \/>\n      i. Relaxation to MSMEs from furnishing of Reconciliation Statement  in FORM GSTR-9C, for the financial year 2018-19, for taxpayers having aggregate  turnover below Rs. 5 crores; <br \/>\n      ii. <strong>Due date for filing the  Annual return and the Reconciliation Statement for financial year 2018-19 to be  extended to 30.06.2020<\/strong>; and <br \/>\n      iii. Late fees not to be levied for delayed filing of the Annual  return and the Reconciliation Statement for financial year 2017-18 and 2018-19  for taxpayers with aggregate turnover less than Rs. 2 crores. <\/li>\n<li>d. A new facility called &#8216;<strong>Know  Your Supplier&#8217;<\/strong> to be introduced so as to enable every registered person to  have some basic information about the suppliers with whom they conduct or  propose to conduct business. <\/li>\n<li>e. The requirement of furnishing FORM GSTR-1 for 2019-20 to be  waived for taxpayers who could not opt for availing the option of special  composition scheme under notification No. 2\/2019-Central Tax (Rate) dated  07.03.2019 by filing FORM CMP-02.<\/li>\n<li>f. A special procedure is being prescribed for registered persons  who are corporate debtors under the provisions of the Insolvency and Bankruptcy  Code, 2016 and are undergoing the corporate insolvency resolution process, so  as to enable them to comply with the provisions of GST Laws during the CIRP  period. <\/li>\n<li>g. A special procedure for registered persons in Dadra and Nagar  Haveli &amp; Daman and Diu during transition period, consequent to merger of  the UTs w.e.f. 26.01.2020; transition to be completed by 31.05.2020. <\/li>\n<li> h. Extension of due dates for FORM GSTR-3B for the month of July,  2019 to January, 2020 till 24th March, 2020 for registered persons having  principal place of business in the Union territory of Ladakh. Similar extension  is also recommended for FORM GSTR-1 &amp; FORM GSTR-7. <\/li>\n<li>    i. Bunching of refund claims allowed across financial years to  facilitate exporters.\n    <\/li>\n<\/ul>\n<\/div>\n<p align=\"justify\">2. <strong>Deferment of E-invoice and QR Code:<\/strong> <\/p>\n<div align=\"justify\">\n<ul>\n<li>    a. Certain class of registered persons (insurance company, banking  company, financial institution, non-banking financial institution, GTA,  passenger transportation service etc.) to be exempted from issuing e-invoices  or capturing dynamic QR code; and <\/li>\n<li>        b. <strong>The dates for  implementation of e-invoicing and QR Code to be extended to 01.10.2020<\/strong>. <\/li>\n<\/ul><\/div>\n<p align=\"justify\">3. <strong>Deferment of e-wallet Scheme:<\/strong> <\/p>\n<div align=\"justify\">\n<ul>\n<li><strong>Extension of the time to  finalize e-Wallet scheme up to 31.03.2021<\/strong>; and <\/li>\n<li><strong>Extension of the present exemptions from IGST and Cess on the imports  made under the AA\/EPCG\/EOU schemes up to 31.03.2021<\/strong>.<\/li>\n<\/ul><\/div>\n<p align=\"justify\">4. <strong>Continuation of existing system of  furnishing FORM GSTR-1 &amp; FORM GSTR-3B till September, 2020.<\/strong><br \/>\n  <strong>5. Other new initiatives: <\/strong><\/p>\n<div align=\"justify\">\n<ul>\n<li> Seeking information return from Banks;<\/li>\n<li> To curb fake invoicing and fraudulent passing of ITC,  restrictions to be imposed on passing of the ITC in case of new GST  registrations, before physical verification of premises and Financial KYC of  the registered person.<\/li>\n<\/ul><\/div>\n<p align=\"justify\"><strong>6. Issuance of circulars in respect of: <\/strong><\/p>\n<div align=\"justify\">\n<ul>\n<li> Clarification in apportionment of ITC in cases of business  reorganization under section 18 (3) of CGST Act read with rule 41(1) of CGST  Rules; <\/li>\n<li>Appeals during non-constitution of the Appellate Tribunal;<\/li>\n<li>Clarification on refund related issues; and <\/li>\n<li>Clarification on special procedure for registered persons who are  corporate debtors under the provisions of the Insolvency and Bankruptcy Code,  2016, undergoing the corporate insolvency resolution process. <\/li>\n<\/ul><\/div>\n<p align=\"justify\"><strong>7. Amendments to the CGST Rules: <\/strong>Key amendments are as below: <\/p>\n<div align=\"justify\">\n<ul>\n<li> Procedure for reversal of input tax credit in respect of capital  goods partly used for affecting taxable supplies and partly for exempt supplies  under rule 43 (1) (c); <\/li>\n<li> ceiling to be fixed for the value of the export supply for the  purpose of calculation of refund on zero rated supplies; <\/li>\n<li> to allow for refund to be sanctioned in both cash and credit in  case of excess payment of tax; <\/li>\n<li> to provide for recovery of refund on export of goods where export  proceeds are not realized within the time prescribed under FEMA; and <\/li>\n<li> to operationalize Aadhaar authentication for new taxpayers. <\/li>\n<\/ul><\/div>\n<p align=\"justify\"><strong>8. Certain amendments to be carried out in the GST  laws.<\/strong><\/p>\n<p align=\"center\"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/klickongstworld.com\/blog\/wp-content\/uploads\/2022\/02\/clip_image002-2.jpg\" alt=\"\" width=\"552\" height=\"271\" class=\"alignnone size-full wp-image-7053\" srcset=\"https:\/\/www.klickongstworld.com\/blog\/wp-content\/uploads\/2022\/02\/clip_image002-2.jpg 552w, https:\/\/www.klickongstworld.com\/blog\/wp-content\/uploads\/2022\/02\/clip_image002-2-300x147.jpg 300w\" sizes=\"(max-width: 552px) 100vw, 552px\" \/><\/p>\n<p align=\"justify\">\nAlso, GST  Council in the 39th meeting held on 14th March, 2020 at New Delhi took  following decisions relating to changes in GST rates on supply of goods and  services :<\/p>\n<p align=\"justify\">                          1. The recommendation of the Fitment Committee  for calibrating the GST rate structure to correct the inverted duty structure  on various items like Mobile phones, Footwear, Textiles and Fertilizers was  placed before the GST Council for discussion. The Council had a detailed  discussion on the matter. Upon discussion the Council made the following  recommendations:- <\/p>\n<div align=\"justify\">\n<ul>\n<li> To raise the GST rate on Mobile Phones and specified parts  presently attracting 12% to 18%. <\/li>\n<li> To deliberate the issue of calibrating the rate in other items  for removing inversion in future meetings with further consultation and  examination of issue. <\/li>\n<\/ul>\n<p>                          2. GST rate on all types of matches (Handmade  and other than Handmade) has been rationalised to 12% (from 5% on Handmade  matches and 18% on other matches). This would address the classification  issues. This issue was deliberated earlier in the 37th meeting and was pending  for decision. <\/p>\n<p>                            3. To reduce GST rate on  Maintenance, Repair and Overhaul (MRO) services in respect of aircraft from 18%  to 5% with full ITC and to change the place of supply for B2B MRO services to  the location of recipient. This change is likely to assist in setting up of MRO  services in India. Domestic MRO will also get protection due to 5% tax paid  under section 3(7) of the Customs Tariff Act, 1975 on most imported goods (sent  abroad for repairs) as this tax is not available as credit. <\/p>\n<p>                            <strong>Note: It is proposed to issue notifications giving effect to these  recommendations of the Council on 01st April, 2020.<\/strong>\n                            <\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul><\/div>\n<p align=\"justify\">Further, In the 39th meeting of  the GST Council, held on 14.03.2020, Shri Nandan Nilekani, on behalf of  Infosys, made a presentation addressing the system related issues that are  being faced by the taxpayers in the GST system. He first gave the summary of  the recently observed IT issues and the way forward to resolve them. <\/p>\n<p align=\"justify\"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/klickongstworld.com\/blog\/wp-content\/uploads\/2022\/02\/clip_image004.jpg\" alt=\"\" width=\"121\" height=\"124\" class=\"alignnone size-full wp-image-591\" align=\"left\" \/>He suggested that in  order to smoothen the rollout of the new return system, and to ensure a better  uptake of the new return, the transition to the new return system may be made  in an incremental manner. He suggested that the process may be initiated by  addressing the compliance related issues first so that the problem of tax  evasion and gaming of the system due to non-linking of FORM GSTR-1 and FORM  GSTR-3B is addressed immediately. The journey could start with linking of the  details of the statement of outward supplies in FORM GSTR-1 to the liability in  FORM GSTR-3B. This would be followed by the linking of the input tax credit in  FORM GSTR-3B to the details of the supplies reflected in the FORM GSTR-2A. In  order to tackle evasion and preventing the gaming of the system, implementation  of Aadhaar authentication and spike rules would also be initiated. <\/p>\n<p align=\"justify\">He informed the Council that to  augment the capacity of the IT system to concurrently handle 3 lakh taxpayers  from the present level of 1.5 lakh taxpayers, hardware procurement process has  been initiated which is slightly impacted by the Covid-19 pandemic. <\/p>\n<p align=\"justify\">The GST Council further made the  following suggestions after due discussions- <\/p>\n<div align=\"justify\">\n<ul>\n<li> Shri Nandan  Nilekani would attend the next 3 meetings of the GST Council and update the  council of the status of implementation of the decisions taken by the Council  and assist the Council in taking appropriate decisions on technology related  issues,<\/li>\n<li> To support  the timely implementation of various initiatives, the Council gave a go ahead  for deployment of additional manpower (60 in number) on T&amp;M basis and  assured that both on procurement of additional hardware and hiring of manpower,  expeditious approvals would be given however the return filing experience of  the taxpayers and removal of technical glitches needs to be carried out  urgently. <\/li>\n<li>Shri Nandan Nilekani assured that  he would personally monitor the progress of the GSTN project and also agreed to  attend the IT-GoM for the next 6 months or till such time the initiatives are  implemented. The GST Council expects these initiatives to be implemented by the  31st of July, 2020.<\/li>\n<\/ul>\n<\/div>\n<p align=\"justify\"><strong>Encl:<\/strong><\/p>\n<div align=\"justify\">\n<ul>\n<li> Agenda <a href=\"https:\/\/klickongstworld.com\/blog\/wp-content\/uploads\/2022\/02\/Agenda-39th-GSTCM-Volume-1.pdf\" target=\"_blank\" rel=\"noopener\">1<\/a>, <a href=\"https:\/\/klickongstworld.com\/blog\/wp-content\/uploads\/2022\/02\/Agenda-39th-GSTCM-Volume-2.pdf\" target=\"_blank\" rel=\"noopener\">2<\/a> <a href=\"https:\/\/klickongstworld.com\/blog\/wp-content\/uploads\/2022\/02\/Agenda-39th-GSTCM-Volume-3.pdf\" target=\"_blank\" rel=\"noopener\">3<\/a><\/li>\n<li>Press Release <\/li>\n<li><a href=\"https:\/\/youtu.be\/Kd_12eWTWrY\" target=\"_blank\" rel=\"noopener\"> Press Meeting<\/a><\/li>\n<li> <a href=\"https:\/\/klickongstworld.com\/Signed Minutes 39th GSTCM.pdf\">Minutes of the Meeting<\/a><\/li>\n<\/ul>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>2020\/03\/39th-gst-council-meet.jpg<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/posts\/581"}],"collection":[{"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/comments?post=581"}],"version-history":[{"count":12,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/posts\/581\/revisions"}],"predecessor-version":[{"id":7541,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/posts\/581\/revisions\/7541"}],"wp:attachment":[{"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/media?parent=581"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/categories?post=581"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/tags?post=581"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}