RECENT AMENDMENTS IN GOODS AND SERVICES TAX RULES, 2017
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 15-1-2019
Vide Notification No. 74/2018-Central Tax, dated 31.12.2018 the Central Government made the Central Goods and Services Tax (Fourteenth Amendment) Rules, 2018 further to amend the Central Goods and Services Tax Rules, 2017. These rules, unless otherwise stipulated, came into effect from 31.12.2018.
Grant of registration to persons required to deduct tax at source or to collect tax at source
Rule 12 provides the procedure for grant of registration to the persons required to deduct tax at source or to collect tax at source. The amendment inserted Rule 12(1A) after Rule 12(1). The newly inserted rule provides that a person applying for registration to collect tax in accordance with the provisions of section 52, in a State or Union territory where he does not have a physical presence, shall mention the name of the State or Union territory i
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he supplier; or
* his authorized representative
shall not be required in the case of issuance of an electronic invoice in accordance with the provisions of the Information Technology Act, 2000.
Bill of supply
The amendment inserted third proviso to Rule 46. The newly inserted proviso provides that the signature or digital signature of-
* the supplier; or
* his authorized representative
shall not be required in the case of issuance of an electronic invoice in accordance with the provisions of the Information Technology Act, 2000.
Consolidated tax invoice
Rule 54(2) provides that where the supplier of taxable service is an insurer or a banking company or a financial institution, including a non-banking financial company, the said supplier may issue a consolidated tax invoice or any other document in lieu thereof, by whatever name called for the supply of services made during a month at the end of the month, whether issued or made available, physically or electronically whethe
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the signature or digital signature of the supplier or his authorized representative shall not be required in the case of issuance of ticket in accordance with the provisions of the Information Technology Act, 2000.
Adjusted total turnover
Rule 89(5) provides that in the case of refund on account of inverted duty structure, refund of input tax credit shall be granted as per the following formula-
Maximum Refund Amount = {(Turnover of inverted rated supply of goods and services) x Net ITC ÷ Adjusted Total Turnover} – tax payable on such inverted rated supply of goods and services.
Explanation:- For the purposes of this sub-rule, the expressions –
(a) Net ITC shall mean input tax credit availed on inputs during the relevant period other than the input tax credit availed for which refund is claimed under sub-rules (4A) or (4B) or both; and
(b) Adjusted Total turnover shall have the same meaning as assigned to it in sub-rule (4).
The amendment substituted clause (b) of Explan
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words 'or part thereof' after the worlds 'financial year'.
Notice to person and order of revisional authority in case of revision
The amendment inserted Rule 109B. The newly inserted Rule 109B(1) provides that where the Revisional Authority decides to pass an order in revision under section 108 which is likely to affect the person adversely, the Revisional Authority shall serve on him a notice in FORM GST RVN-01 and shall give him a reasonable opportunity of being heard.
Rule 109B(2) provides that the Revisional Authority shall, along with its order under sub-section (1) of section 108, issue a summary of the order in FORM GST APL-04 clearly indicating the final amount of demand confirmed.
Changes in E-way Bill
The amendment substituted Explanation 1 to rule 138(1). The newly substituted Explanation 1 provides defines the term 'handicrafts'. The term 'handicrafts' is defined as having the meaning as assigned to it in the Government of India, Ministry of Finance, notification No.
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months.
The first proviso to this rule provides that the Commissioner may, on sufficient cause being shown and for reasons to be recorded in writing, by order, allow furnishing of the said information in PART A of FORM GST EWB 01, subject to such conditions and restrictions as may be specified by him.
The second proviso to this Rule provides that no order rejecting the request of such person to furnish the information in PART A of FORM GST EWB 01 under the first proviso shall be passed without affording the said person a reasonable opportunity of being heard.
The third proviso to this rule provides that the permission granted or rejected by the Commissioner of State tax or Commissioner of Union territory tax shall be deemed to be granted or, as the case may be, rejected by the Commissioner.
The explanation to this Rule defines the term 'Commissioner' as the jurisdictional Commissioner in respect of the persons specified in clauses (a) and (b).
Forms
The amendment inserted the fol
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