Get Free Trial
mobile header logo
Changes In GST Law Effective From 1 October 2023- Part III | LogiTax
blog header symbol

Changes In GST Law Effective From 1 October 2023- Part III

05-02-2024
GST
Mrudula Joshi

Changes In GST Law Effective From 1 October 2023- Part III

On 31st July, 2023, CBIC issued Notification no. 28/2023-Central Tax. It was mentioned in the said notification that the provisions of sections 137 to 162 (except sections 149 to 154) of the Finance Act, 2023 shall come into force w.e.f. 01st of October, 2023.

Also, it specified that the provisions of sections 149 to 154 of the said Act shall come into force w.e.f. 01st of August, 2023.

To understand sections 137 to 139 of the Finance Act, read our blog “Effective GST Changes w.e.f. October 01, 2023- Part I”.

To understand sections 140 to 146 of the Finance Act, 2023, read our blog “Effective GST Changes w.e.f. October 01, 2023- Part II’’.

Let's discuss sections 147 to 156 of the Finance Act, 2023 in this part!

Section 147 of the Finance Act 2023

Section 147 deals with amendments in section 56 of the CGST Act, 2017.

Section 56 of the CGST Act, 2017 covers provisions related to Interest on delayed refunds.

Earlier, section 56 stated that if any tax ordered to be refunded under sub-section (5) of section 54 to any applicant is not refunded within sixty days from the date of receipt of application under sub-section (1) of that section, interest at such rate not exceeding six per cent. as may be specified in the notification issued by the Government on the recommendations of the Council shall be payable in respect of such refund from the date immediately after the expiry of sixty days from the date of receipt of application under the said sub-section till the date of refund of such tax.

Now, the wordings “from the date immediately after the expiry of sixty days from the date of receipt of application under the said sub-section till the date of refund of such tax” are changed to “for the period of delay beyond sixty days from the date of receipt of such application till the date of refund of such tax, to be computed in such manner and subject to such conditions and restrictions as may be prescribed”.

It means that the government will be empowered to prescribe the mechanism, computation, manner, and restrictions for payment of interest on delayed refunds beyond 60 days from the date of receipt of refund application until the date of refund.

Section 148 of the Finance Act 2023

Section 148 deals with amendments in section 62 of the CGST Act, 2017.

Section 62 of the CGST Act, 2017 covers provisions related to the Assessment of non-filers of returns.

Section 62 of the CGST Act, 2017 states that when a registered person fails to file the returns even after show cause notice, the proper officer may pass an order under best judgment assessment. However, where a registered person files the returns within 30 days of the service of the best judgment assessment order, the said assessment order shall be deemed to have been withdrawn. This time limit of 30 days is extended to 60 days by way of this amendment. The period of 60 days may further be extended to 120 days on the payment of additional late fees above the standard late fee.

Section 149 to 154 of the Finance Act 2023

These sections deal with amendments to sections 109, 110, 114, 117, 118, and 119 of the CGST Act. All these sections cover provisions relating to the constitution of Appellate Authority and assessments.

Section 155 of the Finance Act 2023

Section 155 deals with amendments to section 122 of the CGST Act, 2017.

Section 122 covers provisions relating to penalties for certain offenses. A new sub-section 1B is inserted in it as follows:

“(1B) Any electronic commerce operator who

  1. allows a supply of goods or services or both through it by an unregistered person other than a person exempted from registration by a notification issued under this Act to make such supply.
  2. allows an inter-state supply of goods or services or both through it by a person who is not eligible to make such inter-state supply.
  3. fails to furnish the correct details in the statement to be furnished under sub-section (4) of section 52 of any outward supply of goods effected through it by a person exempted from obtaining registration under this Act.

Shall be liable to pay a penalty of ten thousand rupees, or an amount equivalent to the amount of tax involved had such supply been made by a registered person other than a person paying tax under section 10, whichever is higher.”

By way of this amendment, penal provisions are introduced for electronic commerce operators in cases where there is a violation of specified provisions relating to supplies of goods made through ECO by unregistered persons or composition taxpayers. The maximum penalty amount is Rs.20,000/- or the tax amount involved in such supply, whichever is higher.

Section 156 of the Finance Act 2023

Section 156 deals with amendments to section 132 of the CGST Act, 2017.
Section 132 covers provisions relating to Punishment for certain offenses.

Its sub-section 1 states that Whoever commits, or causes to commit and retain the benefits arising out of, any of the mentioned offenses, shall be punishable with imprisonment or fine, or both.

From the list of offenses, the following sub-clauses are removed:
(g) Obstructs or prevents any officer in the discharge of his duties under this Act
(j) Tampers with or destroys any material evidence or documents
(k) Fails to supply any information which he is required to supply under this Act or the rules made thereunder or (unless with a reasonable belief, the burden of proving which shall be upon him, that the information supplied by him is true) supplies false information

Further, this amendment will increase the limit for launching prosecution from INR 1 Crore to INR 2 Crores except for the offense of issuance of invoice without supply of goods or services.

Thus, in case of offenses, other than fake invoices, prosecution provisions will be initiated if the value of taxes is more than Rs. 2 Crores. For fake invoices, the prosecution will continue as for the threshold tax amount of Rs. 1 Crore.

Conclusion :

In conclusion, the recent amendments to the GST laws effective from October 1, 2023, bring significant changes in interest on delayed refunds, best judgment assessments, penalties for electronic commerce operators, and prosecution thresholds. These modifications aim to enhance procedural efficiency, compliance, and enforcement. Stay updated and adapt to these changes for a smoother GST compliance journey.

Search by blog related Keyword

gst latest news

gst notifications

gst

gst amendment

gst portal

All Blogs

25-07-2024

GST

Mrudula Joshi

GST RFD 10A is live now!

CBIC had issued Circular No. 227/21/2024-GST on 11th July, 2024. A revised procedure for Read More

24-07-2024

GST

Mrudula Joshi

Budget changes 23-07-2024- GST!

In the recent budget announced on July 23, 2024, several key changes were made to the tax structure in India. Read More

23-07-2024

E-Invoice

Mrudula Joshi

GST- Integrated Services from NIC-IRP e-invoice-1 and e-invoice-2 Portals!

The landscape of Goods and Services Tax (GST) compliance in India is continuously evolving, Read More

18-07-2024

GST

Mrudula Joshi

Key changes declared in CGST Notification 12/2024 dated 10th July 2024- Part I

On June 22, 2024, the 53rd GST Council meeting was held in Delhi, with Union Minister for Read More

17-07-2024

GST

Mrudula Joshi

GSTN issued an advisory on the Refund of additional IGST due to upward price revision!

The Central Board of Indirect Taxes and Customs (CBIC) has issued a circular to clarify Read More

17-07-2024

GST

Mrudula Joshi

CBIC issued circular related to form SRM I, II, and III

Notification No. 04/2024- Central Tax dated 05th January 2024, all the registered persons engaged in manufacturing Read More

15-07-2024

GST

Mrudula Joshi

GST Circulars post 53rd GST Council meeting- Analysis Part 1

On June 22, 2024, the 53rd GST Council meeting was held in Delhi, with Union Minister for Finance and Corporate Affairs, Read More

11-07-2024

GST

Mrudula Joshi

Highlights of 53rd GST Council Meeting- Part III

On June 22, 2024, the 53rd GST Council meeting was held in Delhi, with Union Minister for Finance and Corporate Affairs, Read More

09-07-2024

GST

Mrudula Joshi

How to use the 'My masters' option in GST login?

To help the taxpayers make data entries faster and to reduce errors while creating their Statement of outward supplies in Form GSTR-1, Read More

08-07-2024

GST

Mrudula Joshi

How to activate STAK under GST ?

STAK (Single time authentication key) which can be generated using the “GST SECURE OTP” mobile application that a Read More

06-07-2024

GST

Mrudula Joshi

How to resolve DSC-related issues on the GST portal?

A Digital Signature Certificate (DSC) is a secure digital key issued by government-authorized certifying authorities to verify the identity of the certificate Read More

05-07-2024

GST

Mrudula Joshi

How to install GST Emsigner ?

For online signing of legally binding documents, emSigner is a dependable choice. This web-based platform allows Read More

03-07-2024

GST

Mrudula Joshi

Highlights of 53rd GST Council Meeting- Part II

On June 22, 2024, the 53rd GST Council meeting was held in Delhi, with Union Minister for Finance and Corporate Affairs Read More

01-07-2024

GST

Mrudula Joshi

Highlights of 53rd GST Council Meeting- Part I

On June 22, 2024, the 53rd GST Council meeting was held in Delhi, with Union Minister for Finance and Corporate Affairs, Read More

25-06-2024

GST

Mrudula Joshi

Guidelines for Initiation of Early Recovery Proceedings!

As per section 78 of the CGST Act, 2017, recovery proceedings under GST can be initiated after three months' expiry Read More

21-06-2024

GST

Mrudula Joshi

How to register DSC on GST portal?

On the GST common portal, DSC or EVC can authenticate various forms and applications. Digital Signature Certificates (DSC) Read More

19-06-2024

GST

Mrudula Joshi

Form SRM II is now live on GST portal!

GSTN issued an update on 07th June 2024 that the facility to report the details of inputs and outputs Read More

05-06-2024

GST

Mrudula Joshi

Resolution of errors while submitting GST Refund application- Part I!

The Goods and Services Tax (GST) is a comprehensive indirect tax levied on the supply of goods and services across India. Read More

05-06-2024

GST

Mrudula Joshi

Resolution of errors while submitting GST Refund application- Part I!

The Goods and Services Tax (GST) is a comprehensive indirect tax levied on the supply of goods and services across India. Read More

04-06-2024

E-Way Bill

Mrudula Joshi

E-Way Bill 2 Portal will be live from 01st June, 2024!

On 8th March 2024, GSTN announced the successful integration of E-Waybill services with four new IRP portals via NIC, Read More

03-06-2024

GST

Mrudula Joshi

ITC 02A- How to transfer ITC to another GST registration?

A person with multiple business locations within a State or Union Territory can obtain separate GST registrations for each location. Read More

27-05-2024

GST

Mrudula Joshi

Resolution of errors while submitting GSTR 9!

The Goods and Services Tax (GST) is a comprehensive indirect tax levied on the supply of goods and services across India. Read More

24-05-2024

GST

Mrudula Joshi

How to track GST refund status?

Once a registered person submits a GST refund application, the concerned officer Read More

22-05-2024

News

LogiTax joins forces with CashFlo

Mumbai, 22nd May, 2024: CashFlo, India's most comprehensive finance automation and compliance platform, today announced its Read More

21-05-2024

GST

Mrudula Joshi

Form GST- SRM- I is now live on the portal!

GSTN issued an update on 16th May 2024 that the facility to register the machines has been made available on the GST Portal to file the Read More

17-05-2024

GST

Mrudula Joshi

How to cancel registration as GST Practitioner?

The Goods and Services Tax (GST) is a comprehensive indirect tax levied on the supply of goods and services across India. Read More

16-05-2024

GST

Mrudula Joshi

Resolution of errors while applying for GST Registration!

The Goods and Services Tax (GST) is a comprehensive indirect tax levied on the supply of goods and services across India. Read More

15-05-2024

GST

Mrudula Joshi

How can a GST practitioner accept or reject taxpayers?

Taxpayers can opt to engage the services of a GST practitioner via the GST portal. Read More

09-05-2024

GST

Mrudula Joshi

Access to Archives from 2017- Now Available on GST Portal!

The GST common portal underwent enhancements and changes on May 3rd, 2024. Read More

08-05-2024

GST

Mrudula Joshi

Resolution of errors while submitting GSTR 3B!

The Goods and Services Tax (GST) is a comprehensive indirect tax levied on the supply of goods and services across India. Read More

07-05-2024

GST

Mrudula Joshi

Tasks that can be performed by GST practitioners!

Taxpayers have the option to enlist the services of a GST practitioner through the GST portal. Read More

06-05-2024

GST

Mrudula Joshi

How to engage GST practitioner on portal

As per section 2(55) of the CGST Act, 2017, "goods and services tax practitioner" means any person who has Read More

04-05-2024

GST

Mrudula Joshi

Resolution of errors while submitting GSTR-1!

The Goods and Services Tax (GST) is a comprehensive indirect tax levied on the supply Read More

03-05-2024

GST

Mrudula Joshi

New GST portal features go live on May 3, 2024!

GSTN has issued an advisory on 26th April, 2024 announcing Enhancement in the GST Portal. Read More

29-04-2024

GST

Mrudula Joshi

How to register as a GST Practitioner?

As per section 2(55) of the CGST Act 2017, "goods and services tax practitioner" Read More

23-04-2024

GST

Mrudula Joshi

Form GST SRM I, II, and III is mandatory from May 15, 2024!

On 10th April 2024, CBIC issued Notification No. 08/2024 - Central Tax announcing the Read More

22-04-2024

GST

Mrudula Joshi

How to search for Bill of Entry on the GST portal?

Upon the arrival of imported goods, a legal document called a bill of entry must be filed Read More

19-04-2024

GST

Mrudula Joshi

DRC 01B and DRC 01C in GST!

DRC-01 means Demand and Recovery Certificate- 01. Rule 142 of the CGST Rules, 2017 Read More

19-04-2024

GST

Mrudula Joshi

DRC 01B and DRC 01C in GST!

DRC-01 means Demand and Recovery Certificate- 01. Rule 142 of the CGST Rules, 2017 Read More

18-04-2024

GST

Mrudula Joshi

Job Work under GST- Advance Ruling Compilation

As per section 2(68) of the CGST Act, 2017, "job work" means any treatment or process undertaken by a person on goods Read More

17-04-2024

GST

Mrudula Joshi

Re-filing of GSTR 3Bs is now live!

On 09th April 2024, the GSTN issued an advisory on the Reset and Re-filing of GSTR-3B of some taxpayers. Read More

15-04-2024

GST

Mrudula Joshi

GSTR 1- HSN summary will be auto populated from e-Invoices!

On 09th April 2024, the GSTN issued an advisory on auto-populate the HSN-wise summary from e-Invoices Read More

12-04-2024

GST

Mrudula Joshi

GST on electricity and related services

As per Notification No.12/2017-Central Tax (Rate) dated 28.06.2017, services by way of generation Read More

11-04-2024

E-Invoicing

Mrudula Joshi

GSTN issues advisory on Self Enablement for E-invoicing!

As the 2023-2024 financial year ends, businesses with turnover over INR 5 crores need to remember the new rule Read More

09-04-2024

GST

Mrudula Joshi

AATO Functionality on GST portal!

The GST portal offers the facility to retrieve information about a registered individual using their PAN Read More

05-04-2024

GST

Mrudula Joshi

GST on various services by or to educational institutions

As per Notification No. 12/2017 - Central Tax (Rate), services provided by an educational institution to its students, faculty Read More

04-04-2024

GST

Mrudula Joshi

Search taxpayer option in GST login!

The GST portal offers the facility to retrieve information about a registered individual using their PAN or GSTIN. Read More

02-04-2024

GST

Mrudula Joshi

Negative Liability statement for Composition taxpayers!

In the case of taxpayers who have opted for a composition scheme, they report the tax liability net of Read More

01-04-2024

GST

Mrudula Joshi

Exemption of services provided to Government- AAR Compilation

As per Notification No. 12/2017 - Central Tax (Rate), certain services provided to the Government are exempted under GST. Read More

27-03-2024

E-Way Bill

Mrudula Joshi

Multi-Vehicle option in E-way Bill!

The E-way Bill System, implemented in April 2018, aimed to facilitate the seamless transportation of goods throughout Read More

26-03-2024

GST

Mrudula Joshi

Forward or Reverse Charge on GST Portal for GTA?

On 26th July, 2023, CBIC had issued Notification No. 06/2023- Central Tax (Rate). By way of this notification, Read More

19-03-2024

GST

Mrudula Joshi

GST on canteen charges recovered from employees

Many companies provide food services, like a canteen, for their workers and employees. Read More

17-03-2024

GST

Mrudula Joshi

Table 14A and 15A are introduced in GSTR 1!

GSTN issued an advisory on 12th March 2024 about introduction of New 14A and 15A tables in Form GSTR 1. Read More

15-03-2024

E-Way Bill

Mrudula Joshi

The e-way Bill system is integrated with New IRP Portals!

GSTN issued an advisory on the 08th of March, 2024 announcing the successful integration of the E-way Bill Read More

13-03-2024

GST

Mrudula Joshi

How to communicate e-payment errors to GSTN?

Due to occasional technical errors during GST payments, there are instances where the Read More

11-03-2024

GST

Mrudula Joshi

GSTN Shares Data with RBI for Credit Scheme

On 22nd of February, 2024, CBIC issued Notification No. 06/2024 - Central Tax. Read More

08-03-2024

GST

Mrudula Joshi

GST Registration within 30 Days for Risk-Based Profiles!

As per rule 9(1)(aa) of the CGST Rules, 2017, when a person has applied for Read More

06-03-2024

GST

Mrudula Joshi

Reconciliations on the GST portal

Multiple reconciliation options are accessible on the GST portal, Read More

04-03-2024

GST

Mrudula Joshi

Changes In GST Law Effective From 1 October 2023- Part V

On 31st July, 2023, CBIC issued Notification No. 28/2023-Central Tax. Read More

29-02-2024

GST

Mrudula Joshi

GST E-invoice Master Information portal is live now!

GSTN issued an advisory on the 21st of February, 2024 about the launch Read More

28-02-2024

GST

Mrudula Joshi

How to apply for payment of GST in installments ?

FORM GST DRC-20 is an application form that can be filed by any taxpayer Read More

17-02-2024

GST

Mrudula Joshi

How to pay GST

You have the option to pay GST through online or offline channels. Read More

15-02-2024

GST

Mrudula Joshi

Changes In GST Law Effective From 1 October 2023- Part IV

On 31st July, 2023, CBIC issued Notification no. 28/2023-Central Tax. It was mentioned Read More

13-02-2024

GST

Mrudula Joshi

How to search GST Advance Rulings on portal

Advance ruling means a decision provided by the Authority or the Appellate Authority Read More

09-02-2024

GST

Mrudula Joshi

No interest liability on delayed filing of GSTR-3B

As per section 50(1) of the CGST Act, 2017, every person who is liable to pay tax Read More

08-02-2024

GST

Mrudula Joshi

GST Cancellation procedure

GST registration of the taxpayer can be cancelled voluntarily by the taxpayer Read More

07-02-2024

GST

Mrudula Joshi

Maharashtra Waives SGST on Satyashodhak Movie Tickets

On 11th January, 2024, Government of Maharashtra issued a Government Resolution (GR) Read More

06-02-2024

GST

Mrudula Joshi

Bank Details Mandatory for GSTR-1 Filing

As per Rule 10A of the CGST Rules, 2017, a taxpayer should submit details Read More

05-02-2024

GST

Mrudula Joshi

Changes In GST Law Effective From 1 October 2023- Part III

On 31st July, 2023, CBIC issued Notification no. 28/2023-Central Tax. It was mentioned Read More

03-02-2024

GST

Mrudula Joshi

Now GST can be paid using Credit card, Debit Card and UPI

GSTN issued an advisory on 19th January 2024 that two new payment facilities have Read More

02-02-2024

GST

Mrudula Joshi

Changes In GST Law Effective From 1 October 2023- Part II

On 31st July, 2023, CBIC issued Notification no. 28/2023-Central Tax. The notification Read More

01-02-2024

GST

Mrudula Joshi

GSTR 2A vs GSTR 2B

Presently, two automatically generated statements are accessible Read More

22-01-2024

GST

Mrudula Joshi

Form ITC 03 under GST

As per Section 18(4) of the CGST Act, 2017, if a registered person, who has availed Read More

19-01-2024

GST

Harshita Amin

GSTR 1- New tables inserted for E-Commerce Operators

GSTN periodically makes changes in the return filing process to facilitate smoother compliance. Read More

15-01-2024

GST

Mrudula Joshi

Changes In GST Law Effective From 1 October 2023- Part I

On 31st July, 2023, CBIC issued Notification no. 28/2023-Central Tax. Read More

12-01-2024

GST

Mrudula Joshi

Filing GST form TDS and Credit received

As per section 51 of the CGST Act, 2017, Government undertakings and other notified entities Read More

09-01-2024

GST

Mrudula Joshi

Non-compliance with e-Invoicing can block your E-way Bill generation!

E-Invoice has been operational since October 2020 for taxpayers with Read More

02-01-2024

GST

Mrudula Joshi

Opting for quarterly returns under GST

From 1st January, 2021, small taxpayers are give option of filing their GSTR Read More

01-01-2024

GST

Mrudula Joshi

Functionalities for GTA are LIVE on GST portal from 01st January, 2024!

On 26th July, 2023, CBIC had issued Notification No. 06/2023- Central Tax (Rate). Read More

01-01-2024

GST

Mrudula Joshi

GST Challan correction procedure

While paying the GST, there can be inadvertent mistake Read More

19-12-2023

GST

Mrudula Joshi

LUT for Exports under GST

LUT is Letter of Undertaking to be furnished in form GST RFD 11 under rule 96A Read More

19-12-2023

GST

Mrudula Joshi

GST Rate Amendments applicable from 20-10-2023

On 13th of December, 2023, CBIC issued Instruction No. 05/2023-GST regarding Read More

19-12-2023

GST

Mrudula Joshi

Returns under GST composition scheme

GST Composition Scheme is an easy mechanism for small taxpayers. The taxpayers Read More

18-12-2023

GST

Mrudula Joshi

Procedure for filing GST refund application

GST refund application are to be filled on GST common portal. There are various types Read More

14-12-2023

GST

Mrudula Joshi

No IGST on Ocean Freight in CIF Contracts

CIF stands for Cost, Insurance, and Freight. A CIF Contract is a contract Read More

04-07-2023

GST

Mrudula Joshi

GST on Personal Guarantee and Corporate Guarantee!

The 52nd GST Council Meeting held on October 07, 2023, has recommended various Read More

04-07-2023

GST

Mrudula Joshi

Biometric verification for GST Registration

The Pilot Project of Biometric-Based Aadhaar Authentication and Document Read More

04-07-2023

GST

Mrudula Joshi

Amendment in GST REG-01 , GST REG-08, GSTR 8 and DRC 22

Notification No. 52/2023 - Central Tax dated 26.10.2023 covers various Read More

04-07-2023

GST

Mrudula Joshi

GST Circulars dated 27-10-2023

CBIC has issued 2 circulars on 31st October 2023 w.r.t. following issues Read More

04-07-2023

GST

Mrudula Joshi

GST Notifications dated 19.10.2023

CBIC issued three important GST circulars on October 27, 2023, to provide Read More

04-07-2023

GST

Mrudula Joshi

GST Circulars dated 31-10-2023

On October 19, 2023, the Central Board of Indirect Taxes and Customs (CBIC) Read More

LogiTax uses cookies to enhance your browsing experience. By continuing, you agree to our use of cookies. Learn more about how we use cookies in our Privacy Policy.

Read More