Page 48 - GSTL_6th August 2020_Vol 39_Part 1
P. 48

C4                            GST LAW TIMES                      [ Vol. 39
                                     Haveli and  Daman and Diu shall use the newly  allocated GSTINs for issuing  of
                                     documents and any other GST Compliance w.e.f. 1st August, 2020. The taxpayers
                                     being migrated from State Code 25 to State Code 26 may transfer the ITC
                                     available  in their ITC Electronic Ledger of old GSTINs,  in view of the
                                     Notification No. 10/2020-Central Taxes, dated 21st March, 2020.
                                            The old GSTIN with UT Code 25 shall be marked as  cancelled w.e.f.
                                     31st July, 2020. However, these GSTINs shall remain operational for all the compliances
                                     related to these GSTINs pertaining to the period prior to migration to the new GSTINs
                                     w.e.f. 1st August, 2020.
                                            Refund of the existing balance in Cash Ledger, if any, may be claimed by
                                     filing refund application (RFD-01) in the category “Refund of the excess balance
                                     from   Electronic  Cash   Ledger”   with   the   help  of  old   GSTINs.
                                     Assessment/Audit/Recovery/Refund/Payment of  old arrears etc. for the  period  prior to
                                     1st August, 2020, shall be done on the old GSTIN only.
                                            Exporters shall require to file a fresh LUT w.e.f. 1st August, 2020 for new
                                     GSTIN. e-Way Bill on new GSTIN may be issued w.e.f. 1st August, 2020 onward.
                                            GSTINs with UT code 25 are marked as “Cancelled” the  login  of the
                                     taxpayer will remain active and they can perform the following activities :-
                                            •    Taxpayer shall be able to access the GST portal to upload the pending
                                                 returns, make payment for pre-cancellation period prior to effective
                                                 date of cancellation of registration. Also, Updating of e-mail address
                                                 and mobile number,  will be allowed even after approval of
                                                 Cancellation.
                                            •    The cancellation of registration will not affect the liability of taxpayer
                                                 to pay tax and other dues. The tax official can approve the application
                                                 for cancellation even if the dues are pending for  payment  by  the
                                                 taxpayer.
                                            •    They can update the e-mail and mobile. They can set off their
                                                 liabilities of the older/earlier dates.  They can file returns for  the
                                                 period earlier to the date from which GSTIN is cancelled. The
                                                 jurisdictional authority can assess or adjudicate their matters.
                                            •    Further, such GSTINs cancellation shall have no ARN but the status
                                                 shall be marked as cancelled in Database. Accordingly, No ARN
                                                 would be available in Record search functionality for such  GSTINs
                                                 created.
                                            •    Also such  cancelled  Taxpayers will not  be allowed to file cancellation
                                                 application.
                                            •    However, taxpayers with the help of these GSTINs shall not be able
                                                 to file returns for the period after 1st August, neither they can file any
                                                 core amendment application, revocation of cancellation application
                                                 etc.
                                            [https://ddvat.gov.in]

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