Notification No. 52/2023 – Central Tax dated 26.10.2023 covers various changes related to FORM GST REG-01, FORM GST REG-08, FORM GSTR-8, FORM GST PCT-01 and FORM GST DRC-22 and some rules.
Let’s understand these changes:
FORM GST REG-01
Form GST REG-01 is an application for GST registration. In Part B of this form, a new option has been given to select the constitution as “One Person Company”.
Issues were raised by the persons registering as ‘One Person Company’ while they take GST registration. Upon analysis, GSTN noticed that the option of choosing One Person Company is not there in form notified by CGST/SGST Acts and hence not available on the GSTN portal also. Therefore, on 21.03.2023, GSTN had issued advisory that in the ‘Part B’ of GST Registration Form ‘REG-01’, applicant may select Constitution of Business under ‘Business Details’ tab using dropdown list option “Others”, if the taxpayer wants to register for GST as “One Person Company”. After selecting the option as “Others”, the applicant shall also mention “One Person Company” in the text field and follow the steps for a normal registration application to complete the process.
Now, this issue has been resolved by GSTN. A separate option for selecting the constitution as “One person company” is given.
FORM GST REG-08
Form GSTR 8 is Statement for tax collection at source to be filed by E-commerce operators. GSTR 8 is to be filed by the 10th date of the next month. If it is filed late, a late fee of Rs. 200 per day is levied. Form GSTR 8 did not have a separate field for late fees. Now, late fee fields are added in this form.
Following are the changes in form GSTR 8:
1. It had Table No. 5- Details of interest . The same table has been removed by way of this notification. The table was as follows:
2. Table No. 7- “Interest payable and paid” format was as follows before this notification:
Now, below format is substituted for it:
Now, a new format is introduced as shown below:
DRC-22 is the order of Provisional attachment of property under section 83. The GST Council in its 52nd meeting recommended an amendment in sub-rule (2) of Rule 159 of the CGST Rules, 2017 to provide the order for provisional attachment in FORM GST DRC-22 shall not be valid after the expiry of one year from the date of the said order. This will facilitate the release of provisionally attached properties after the expiry of a period of one year, without the need for a separate specific written order from the Commissioner.
Therefore, a new paragraph has been added in the end in this form as follows:
“This order shall cease to have effect, on the date of issuance of order in FORM GST DRC-23 by the Commissioner, or on the expiry of a period of one year from the date of issuance of this order, whichever is earlier.”.
With the recent amendments introduced through Notification No. 52/2023 – Central Tax dated 26.10.2023, crucial changes have been made in GST REG-01, GST REG-08, GSTR 8, and DRC 22. Notably, the inclusion of a dedicated option for “One Person Company” in GST REG-01, the revamped format of GST REG-08, and the added late fee fields in GSTR 8 aim to enhance the clarity and efficiency of the GST registration and filing processes. Moreover, the time-bound provision in GST DRC-22 ensures a more streamlined approach to provisional property attachment, emphasizing the need for a swift resolution within one year. Stay informed and updated to navigate these changes seamlessly.
The information provided in this presentation does not constitute legal opinion or advice. Readers are requested to seek formal legal advice prior to acting upon any of the information provided herein. This presentation is not intended to address the circumstances of any particular individual or corporate body. There can be no assurance that the judicial/ quasi-judicial authorities may not take a position contrary to the views mentioned herein.