GST return delay relief grants reduced interest and conditional late-fee waiver for eligible COVID-19 period filings.
COVID-19 GST relief revises interest and late-fee treatment for delayed GSTR-3B and GSTR-1 filings. Taxpayers above the prescribed turnover threshold receive nil interest for an initial delayed period, reduced interest up to the specified cut-off, and normal interest thereafter. Eligible smaller taxpayers receive nil interest until specified filing dates, reduced interest until 30 September 2020, and normal interest thereafter. Late-fee waiver is conditional on filing GSTR-3B by the prescribed extended dates; otherwise, late fee runs from the original due date until filing.

Registered-supplier threshold for real estate promoters governs GST payment on shortfall value through FORM GST DRC-03.
Payment of GST by a real estate promoter or developer is required on the value of inward supplies that fall short of the prescribed 80 per cent registered-supplier threshold for inputs and input services, excluding specified land-rights and fuel-related supplies. The tax on the shortfall must be discharged electronically through the common portal by the end of the quarter following the financial year. The prescribed form for reporting and payment of this shortfall tax is FORM GST DRC-03.

Video conferencing personal hearings enabled for tax proceedings, with emailed notices, ID requirements and an electronic record requirement.
Personal hearings under SGST proceedings will be conducted by video conferencing with notices served by email and advance communication of meeting links and assistance contacts. Representatives must file scanned vakalatnama and photo ID by official email; hearings use approved VC applications and departmental VC facilities. Oral submissions will be reduced to a written "record of personal hearing," emailed as a PDF within one day; parties may amend and return the signed record within three days or be deemed to have accepted it. The emailed record is recognised under the Information Technology Act, 2000.

Input tax credit apportionment in business reorganisations follows State-level asset ratios and aggregate credit transfer through prescribed filing.
In a demerger, input tax credit is apportioned by the ratio of assets transferred to the assets of the relevant State-level unit, with all business assets included in asset value. The formula applies to aggregate unutilised credit, including central tax, State or Union territory tax, integrated tax and cess, and also extends to partial business transfers with liabilities. The asset ratio is determined on the appointed date of demerger and applied to the electronic credit ledger balance on the date FORM GST ITC-02 is filed.

GST appellate tribunal non-constitution permits appellate authorities to decide pending appeals, with tribunal limitation deferred until presidential appointment.
Appeals against adjudication orders under the BGST Act lie before the prescribed Appellate Authority. Non-constitution of the Appellate Tribunal does not justify keeping such appeals pending. Tribunal appeal limitation runs from the later of communication of the appellate order or the date on which the President or State President enters office. The applicable period is three months for an aggrieved person and six months for Government appeals. Appellate Authorities may record this position in their orders and should dispose of pending appeals expeditiously.

GST refund claims may span financial years, while ITC refunds require reflected invoices and preserve the original payment mode.
GST refund claims may club successive tax periods across different financial years where otherwise eligible. Accumulated ITC refund under the inverted duty structure is unavailable when input and output supplies are the same goods despite a later GST rate reduction. For tax refunds other than zero-rated supplies or deemed exports, cash-paid tax is refunded in cash and credit-ledger-paid tax is re-credited as ITC. Accumulated ITC refunds are restricted to supplier-uploaded invoices reflected in FORM GSTR-2A, and applicants must state invoice HSN/SAC details where applicable.

Reverse charge on director remuneration: companies must pay GST where directors provide services but are not employees.
Independent directors and other directors who are not employees provide services outside Schedule III and their remuneration is taxable, with the company required to discharge GST under the reverse charge mechanism. For directors who are employees, amounts treated as salaries and subjected to TDS under section 192 are within Schedule III and not taxable, while amounts classified as professional or technical fees and subjected to TDS under section 194J are outside Schedule III and taxable on reverse charge.

Refund of Input Tax Credit restricted to supplier uploaded invoices reflected in GSTR 2A, imports and RCM unaffected.
Refund of accumulated Input Tax Credit shall be restricted to ITC recorded on invoices uploaded by the supplier in FORM GSTR-1 and reflected in the applicant's FORM GSTR-2A; refunds based on missing invoices uploaded by the applicant are no longer admissible. This restriction does not affect refunds for ITC on imports, ISD invoices, or inward supplies liable to reverse charge, whose treatment remains as before. The Circular is clarificatory and parties may report implementation difficulties to the Commissioner.

GST interest relief and late fee waiver for delayed returns were clarified for COVID-19 affected taxpayers.
Relief measures for GST taxpayers affected by COVID-19 were clarified by modifying the earlier circular to align with subsequent Government notifications and GST Council recommendations. The clarification explains the revised treatment of interest on delayed GST return filing and conditional waiver of late fee for FORM GSTR-3B and FORM GSTR-1, with the position varying according to aggregate turnover and the relevant tax period. It also states that late fee waiver is conditional upon filing returns by the prescribed dates, failing which late fee applies from the original due date until filing.

Director remuneration and GST liability depend on employment status and whether payment is salary or professional fees.
GST on director remuneration depends on whether the director is an employee and on the nature of the payment. Remuneration to independent directors or other non-employee directors is taxable as consideration for services outside Schedule III and is payable by the company under reverse charge. Where a director is also an employee, salary amounts recorded as salary and subjected to TDS under section 192 are not taxable under GST, while separately booked professional or technical subjected to section 194J are taxable on reverse charge basis.

Refund of Accumulated Input Tax Credit now limited to invoices reflected in supplier GSTR filing; imports, ISD and RCM unaffected.
Refund of accumulated Input Tax Credit shall be restricted to ITC supported by invoices the supplier has uploaded in FORM GSTR-1 and which are reflected in the applicant's FORM GSTR-2A; this modifies prior guidance allowing applicant-uploaded invoices. The circular expressly excludes ITC on imports, ISD invoices and inward supplies liable to Reverse Charge from this restriction, preserving their pre-existing refund treatment.

Due service of tax notices requires recorded recipient details, sequential substituted service, and reasoned ex parte assessments.
Due service of tax notices requires recorded particulars of the recipient and serving officer, use of the latest registered address, and a sequential process of registered post followed by affixation where service remains unsuccessful. Service following partition, dissolution, or business discontinuance must be made on the specified former responsible person, partner, member, or principal officer. Ex parte orders must record the service status of earlier notices, and assessment orders must be speaking orders explaining reasons for allowing or disallowing input tax.

GST on director's remuneration: non employee directors' fees taxable under reverse charge; salaries not taxable.
Remuneration to non employee directors, including independent directors, is taxable and the company must pay GST under reverse charge. For directors who are employees, amounts recorded as salaries (with TDS under salary provisions) fall outside GST by virtue of Schedule III, while amounts separately treated as professional or technical fees (with TDS under professional fees provisions) are taxable and subject to reverse charge by the company.

Refund of accumulated input tax credit restricted to invoices reflected in GSTR-2A; exceptions for imports, ISD and RCM.
Refund of accumulated Input Tax Credit is restricted to ITC supported by invoices uploaded by the supplier in FORM GSTR-1 and reflected in the recipient's FORM GSTR-2A; this modifies earlier guidance that allowed refunds based on missing invoices uploaded by the applicant. The restriction does not affect refund treatment of ITC on imports, credits from an Input Service Distributor, or inward supplies liable to the Reverse Charge Mechanism, which continue to be treated as before.

GST on director remuneration: non employee directors' fees taxable and company must discharge GST under reverse charge.
Remuneration paid to directors who are not employees, including independent directors, is taxable and the company must discharge GST on it under the reverse charge mechanism. For directors who are employees, amounts treated and recorded as salaries are outside GST under Schedule III, while amounts separately identified as professional or technical fees are taxable and chargeable to GST on the company under reverse charge.

Refund of accumulated Input Tax Credit restricted to invoices reflected in GSTR-2A; imports and RCM credits unaffected.
Refund of accumulated Input Tax Credit is limited to ITC supported by invoices uploaded by the supplier in FORM GSTR-1 and reflected in the applicant's FORM GSTR-2A; refunds based on invoices uploaded by the applicant with the claim are no longer admissible. This restriction does not alter refund treatment for ITC on imports, ISD credits, and inward supplies subject to the Reverse Charge Mechanism, which continue under the prior practice.

Correct GST Input Tax Credit reporting ensures proper IGST fund apportionment and requires amending prior returns where necessary.
Taxpayers must accurately report eligible ITC, reversals and ineligible ITC in Table 4 of GSTR-3B so GSTN settlement and IGST apportionment reflect true figures. Reversals under the applicable rules go in Table 4(B)(1), other reversals in 4(B)(2), total eligible ITC (including amounts subject to reversal but excluding ineligible credit) in 4(A), ineligible or blocked credits in 4(D), and Table 4(C) equals 4(A) minus 4(B). Prior omissions must be corrected in GSTR 9 or specified GSTR 3B periods as directed.

GST on director remuneration: non employee director services and non salary fees attract tax on reverse charge.
Payments to directors who are not employees are taxable and must be discharged by the company on reverse charge; for director employees, amounts recorded as salary and subjected to salary TDS are excluded under Schedule III, whereas amounts recorded and taxed as professional or technical fees are taxable and subject to reverse charge by the company.

Accumulated input tax credit refunds require GSTR-2A reflected supplier invoices, while import, ISD and reverse-charge credits remain unaffected.
Refund of accumulated input tax credit is restricted to credit supported by supplier-uploaded invoices reflected in the applicant's FORM GSTR-2A. Credit relating to invoices not reflected in FORM GSTR-2A is not refundable merely on upload of invoice copies. The restriction does not affect input tax credit availed on import documents, Input Service Distributor invoices, or inward supplies liable to reverse charge; refund treatment for those credits continues unchanged.

Job work classification distinguishes processing of registered persons' goods from manufacturing services on inputs owned by unregistered persons.
Job work under heading 9988 covers treatment or processing of goods belonging to another registered person and falls within item (id). Manufacturing services on physical inputs owned by others under item (iv) exclude such job work and apply where the inputs belong to persons other than registered persons under the DGST Act. The entries operate in distinct fields.