GST – States – 60/2018 – State Tax – Dated:- 30-10-2018 – GOVERNMENT OF SIKKIM FINANCE, REVENUE AND EXPENDITURE DEPARTMENT COMMERCIAL TAXES DIVISION GANGTOK No. 60/2018 – State Tax Dated 30th October, 2018 NOTIFICATION In exercise of the powers conferred by section 164 of the Sikkim Goods and Services Tax Act, 2017 (9 of 2017), the State Government hereby makes the following rules further to amend the Sikkim Goods and Services Tax Rules, 2017, namely:- 1. (1) These rules may be called the Sikkim Goods and Services Tax (Thirteenth Amendment) Rules, 2018. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Sikkim Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules),after rule 83, the following rule shall be inserted, namely:- 83A. Examination of Goods and Services Tax Practitioners.- (1.) Every person referred to in clause (b) of sub-rule 1 of rule 83 and who is enrolled as a goods and services tax practitioner und
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
the designated centers. The candidate shall be given an option to choose from the list of centres as provided by NACIN at the time of registration. (6). Period for passing the examination and number of attempts allowed.- (i) A person enrolled as a goods and services tax practitioner in terms of sub-rule (2) of rule 83 is required to pass the examination within two years of enrolment: Provided that if a person is enrolled as a goods and services tax practitioner before 1st of July 2018, he shall get one more year to pass the examination: Provided further that for a goods and services tax practitioner to whom the provisions of clause (b) of sub-rule (1) of rule 83 apply, the period to pass the examination will be as specified in the second proviso of sub-rule (3) of said rule. (ii.)A person required to pass the examination may avail of any number of attempts but these attempts shall be within the period as specified in clause (i). (iii) A person shall register and pay the requisite fee
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
f registration, payment of fee, nature of identity documents, provision of admit card, manner of reporting at the examination center, prohibition on possession of certain items in the examination center, procedure of making representation and the manner of its disposal. (ii)Any person who is or has been found to be indulging in unfair means or practices shall be dealt in accordance with the provisions of sub-rule (10). An illustrative list of use of unfair means or practices by a person is as under: – (a) obtaining support for his candidature by any means; (b) impersonating; (c) submitting fabricated documents; (d) resorting to any unfair means or practices in connection with the examination or in connection with the result of the examination; (e) found in possession of any paper, book, note or any other material, the use of which is not permitted in the examination center; (f) communicating with others or exchanging calculators, chits, papers etc. (on which something is written); (g)
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ictional Commissioner as per the procedure established by the National Academy of Customs, Indirect Taxes and Narcotics on the official websites of the Board, National Academy of Customs, Indirect Taxes and Narcotics and Goods and Services Tax Network. (13). Power to relax.- Where the Board or State Tax Commissioner is of the opinion that it is necessary or expedient to do so, it may, on the recommendations of the Council, relax any of the provisions of this rule with respect to any class or category of persons. Explanation :- For the purposes of this sub-rule, the expressions – (a) GSTN means the Goods and Services Tax Network, a company registered under the Companies Act, 2013; (b) jurisdictional Commissioner means the Commissioner having jurisdiction over the place declared as address in the application for enrolment as the GST Practitioner in Form GST PCT-1. It shall refer to the Commissioner of Central Tax if the enrolling authority in Form PCT-1 has been selected as Centre, or th
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
s launched under the existing law before, on or after the appointed day shall, unless recovered under that law, be recovered under the Act and may be uploaded in FORM GST DRC-07A electronically on the common portal for recovery under the Act and the demand of the order shall be posted in Part II of Electronic Liability Register. (2) Where the demand of an order uploaded under sub-rule (1) is rectified or modified or quashed in any proceedings, including in appeal, review or revision, a summary thereof shall be uploaded on the common portal in FORM GST DRC-08A and Part II of Electronic Liability Register shall be updated accordingly. . 5. In the said rules, in FORM GST REG-16,- (a) against serial number 7, for the heading, the following heading shall be substituted, namely:- In case of transfer, merger of business and change in constitution leading to change in PAN, particulars of registration of entity in which merged, amalgamated, transferred, etc. ; (b) in the instruction, after the
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
han return related liabilities , the following form shall be substituted, namely:- Form GST PMT -01 [See rule 85(1)] Electronic Liability Register of Registered Person (Part-II: Other than return related liabilities) (To be maintained at the Common Portal) Reference No.- Date- GSTIN/Temporary Id – Name (Legal) – Trade name, if any – Stay status – Stayed/Un-stayed Period – From -To (dd/mm/yyyy) Act – Central Tax/State Tax/UT Tax/Integrated Tax/CESS /All (Amount in Rs.) Sr.No. Date (dd/mm/yyyy) Reference No. Tax Period, if applicable Ledger used for discharging liability Description Type of Transaction* Amount debited/credited (Central Tax/State Tax/UT Tax/Integrated Tax/CESS/amount under existing law/Total) From To Tax Interest Penalty Fee Others Total 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Balance (Payable) (Central Tax/State Tax/UT Tax/Integrated Tax/ CESS/ amount under existing law/Total) Tax Interest Penalty Fee Others Total Status (Stayed/Un-stayed) 15 16 17 18 19 20 21 *[Debit (DR) (Pa
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
f payment is made within the time specified in the Act or the rules. 8. Payment made against the show cause notice or any other payment made voluntarily shall be shown in the register at the time of making payment through credit or cash. Debit and credit entry will be created simultaneously. . 7. In the said rules, in FORM GST APL-04, after serial number 9, and the Table relating thereto, the following shall be inserted, namely:- 10. Details of IGST Demand Place of Supply (Name of State/UT) Demand Tax Interest Penalty Other Total 1 2 3 4 5 6 7 . Disputed Amount Determined Amount 8. In the said rules, after FORM GST DRC-07, the following form shall be inserted, namely:- FORM GST DRC-07A [See rule 142A(1)] Summary of the order creating demand under existing laws Reference No. Date – Part A – Basic details Sr. No. Description Particulars (1) (2) (3) 1. GSTIN 2. Legal name << Auto >> 3. Trade name, if any << Auto >> 4. Government Authority who passed the order creat
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
lty Fee Others Total 1 2 3 4 5 6 7 Central Acts State / UT Acts CST Act Signature Name Designation Jurisdiction To _______________ (GSTIN/ID) -Name _______________ (Address) Copy to – Note – 1. In case of demands relating to short payment of tax declared in return, acknowledgement / reference number of the return may be mentioned. 2. Only recoverable demands shall be posted for recovery under GST laws. Once, a demand has been created through FORM GST DRC-07A, and the status of the demand changes subsequently, the status may be amended through FORM GST DRC-08A. 3. Demand paid up to the date of uploading the summary of the order should only be mentioned in Table 20. Different heads of the liabilities under existing laws should be synchronized with the heads defined under Central or State tax. 4. Latest order number means the last order passed by the relevant authority for the particular demand. 5. Copy of the order vide which demand has been created can be attached. Documents in support
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
gt;> 12. Order date (original) << Auto, editable >> 13. Latest order no. << Auto, editable >> 14. Latest order date << Auto, editable >> 15. Date of service of the order << Auto, editable >> 16. Name of the officer who has passed the order (optional) << Auto, editable >> 17. Designation of the officer who has passed the order << Auto, editable >> 18. Whether demand is stayed __Yes __No 19. Date of stay order 20. Period of Stay 21. Reason for updation << Text box >> Part B – Demand details 22. Details of demand posted originally through Table 21 of FORM GST DRC-07A (Amount in Rs. in all tables) << Auto >> Act Tax Interest Penalty Fee Others Total 1 2 3 4 5 6 7 Central Acts State / UT Acts CST Act 23. Updation of demand Act Type of updation Tax Interest Penalty Fee Others Total 1 2 3 4 5 6 7 8 1. Quashing of demand (Complete closure of demand) 2. Amount of reduction, if any 3. Total reducti
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =