The Odisha Goods and Services Tax (Second Amendment) Rules, 2017.
S.R.O. No. 342/2017 Dated:- 26-7-2017 Orissa SGST
GST – States
Orissa SGST
Orissa SGST
FINANCE DEPARTMENT
NOTIFICATION
The 26th July, 2017
S.R.O. No.342/2017- In exercise of the powers conferred by section 164 of the Odisha Goods and Services Tax Act, 2017 (Odisha Act 7 of 2017), the State Government, on the recommendation of the Goods and Services Tax Council, do hereby make the following rules further to amend the Odisha Goods and Services Tax Rules, 2017, namely:-
1. (1) These rules may be called the Odisha Goods and Services Tax (Second Amendment) Rules, 2017.
(2) They shall be deemed to have come into force with effect from the 1st day of July, 2017.
2. In the Odisha Goods and Services Tax Rules, 2017 (herein after referred to as the said rules), in the said rules, in rule 1, in the heading, the word “, Extent” shall be omitted.
3. In the said rules, in rule 10, in sub-rule (4), for the words “
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rule (3), the following sub-rule shall be inserted, namely:-
“(3A) Where a certificate of registration has not been made available to the applicant on the common portal within a period of fifteen days from the date of the furnishing of information and particulars referred to in clause (c) of sub-rule.
(2) and no notice has been issued under sub-rule (3) within the said period, the registration shall be deemed to have been granted and the said certificate of registration, duly signed or verified through electronic verification code, shall be made available to the registered person on the common portal.”.
8. In the said rules, in rule 26, in sub-rule (3), for the words “specified under the provisions of the Information Technology Act, 2000 (21 of 2000)”, the words “or through e-signature as specified under the provisions of the Information Technology Act, 2000 (21 of 2000) or verified by any other mode of signature or verification as notified by the Commissioner in this behalf.” sha
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long with the interest specified under sub-section (1) of section 50 within a period of –
(a) fifteen days after the expiry of three months from the date of issue of the invoice for export, if the goods are not exported out of India; or
(b) fifteen days after the expiry of one year, or such further period as may be allowed by the Commissioner, from the date of issue of the invoice for export, if the payment of such services is not received by the exporter in convertible foreign exchange.
(2) The details of the export invoices contained in FORM GSTR-1 furnished on the common portal shall be electronically transmitted to the system designated by Customs and a confirmation that the goods covered by the said invoices have been exported out of India shall be electronically transmitted to the common portal from the said system.
(3) Where the goods are not exported within the time specified in sub-rule (1) and the registered person fails to pay the amount mentioned in the said sub-rule, t
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ection, Search and Seizure
139. Inspection, search and seizure.- (1) Where the proper officer not below the rank of a Joint Commissioner has reasons to believe that a place of business or any other place is to be visited for the purposes of inspection or search or, as the case may be, seizure in accordance with the provisions of section 67, he shall issue an authorisation in FORM GST INS-01 authorising any other officer subordinate to him to conduct the inspection or search or, as the case may be, seizure of goods, documents, books or things liable to confiscation.
(2) Where any goods, documents, books or things are liable for seizure under sub-section (2) of section 67, the proper officer or an authorised officer shall make an order of seizure in FORM GST INS-02.
(3) The proper officer or an authorised officer may entrust upon the owner or the custodian of goods, from whose custody such goods or things are seized, the custody of such goods or things for safe upkeep and the said per
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form of a bank guarantee equivalent to the amount of applicable tax, interest and penalty payable.
Explanation.- For the purposes of the rules under the provisions of this Chapter, the “applicable tax” shall include central tax and State tax or central tax and the Union territory tax, as the case may be and the cess, if any, payable under the Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017).
(2) In case the person to whom the goods were released provisionally fails to produce the goods at the appointed date and place indicated by the proper officer, the security shall be encashed and adjusted against the tax, interest and penalty and fine, if any, payable in respect of such goods.
141. Procedure in respect of seized goods.-(1) Where the goods or things seized are of perishable or hazardous nature, and if the taxable person pays an amount equivalent to the market price of such goods or things or the amount of tax, interest and penalty that is or may become payab
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amount payable.
(2) Where, before the service of notice or statement, the person chargeable with tax makes payment of the tax and interest in accordance with the provisions of sub-section (5) of section 73 or, as the case may be, tax, interest and penalty in accordance with the provisions of sub-section (5) of section 74, he shall inform the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an acknowledgement, accepting the payment made by the said person in FORM GST DRC-04.
(3) Where the person chargeable with tax makes payment of tax and interest under sub-section (8) of section 73 or, as the case may be, tax, interest and penalty under sub-section (8) of section 74 within thirty days of the service of a notice under sub-rule (1), he shall intimate the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an order in FORM GST DRC-05 concluding the proceedings in respect of the said notice.
(4) The representation re
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any money owing to such defaulter in accordance with the provisions of clause (a) of sub-section (1) of section 79.
Explanation.-For the purposes of this rule, “specified officer” shall mean any officer of the Central Government or a State Government or the Government of a Union territory or a local authority, or of a Board or Corporation or a company owned or controlled, wholly or partly, by the Central Government or a State Government or the Government of a Union territory or a local authority.
144. Recovery by sale of goods under the control of proper officer.- (1) Where any amount due from a defaulter is to be recovered by selling goods belonging to such person in accordance with the provisions of clause (b) of sub-section (1) of section 79, the proper officer shall prepare an inventory and estimate the market value of such goods and proceed to sell only so much of the goods as may be required for recovering the amount payable along with the administrative expenditure incurred on
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in FORM GST DRC-11 requiring him to make the payment within a period of fifteen days from the date of auction. On payment of the full bid amount, the proper officer shall transfer the possession of the said goods to the successful bidder and issue a certificate in FORM GST DRC-12.
(6) Where the defaulter pays the amount under recovery, including any expenses incurred on the process of recovery, before the issue of the notice under sub-rule (2), the proper officer shall cancel the process of auction and release the goods.
(7) The proper officer shall cancel the process and proceed for re-auction where no bid is received or the auction is considered to be non-competitive due to lack of adequate participation or due to low bids.
145. Recovery from a third person.- (1) The proper officer may serve upon a person referred to in clause (c) of sub-section (1) of section 79 (hereafter referred to in this rule as “the third person”), a notice in FORM GST DRC-13 directing him to deposit the a
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rice and issue an order of attachment or distraint and a notice for sale in FORM GST DRC- 16 prohibiting any transaction with regard to such movable and immovable property as may be required for the recovery of the amount due:
Provided that the attachment of any property in a debt not secured by a negotiable instrument, a share in a corporation, or other movable property not in the possession of the defaulter except for property deposited in, or in the custody of any Court, shall be attached in the manner provided in rule 151.
(2) The proper officer shall send a copy of the order of attachment or distraint to the concerned Revenue Authority or Transport Authority or any such Authority to place encumbrance on the said movable or immovable property, which shall be removed only on the written instructions from the proper officer to that effect.
(3) Where the property subject to the attachment or distraint under sub-rule (1) is-
(a) an immovable property, the order of attachment or dis
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of the amount under recovery and pay the amount remaining, if any, to the owner of such instrument or a share.
(6) The proper officer may specify the amount of pre-bid deposit to be furnished in the manner specified by such officer, to make the bidders eligible to participate in the auction, which may be returned to the unsuccessful bidders or, forfeited in case the successful bidder fails to make the payment of the full amount, as the case may be.
(7) The last day for the submission of the bid or the date of the auction shall not be earlier than fifteen days from the date of issue of the notice referred to in sub-rule (4):
Provided that where the goods are of perishable or hazardous nature or where the expenses of keeping them in custody are likely to exceed their value, the proper officer may sell them forthwith.
(8) Where any claim is preferred or any objection is raised with regard to the attachment or distraint of any property on the ground that such property is not liable to
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tachment or distraint.
(11) Where the proper officer is satisfied that the property was, on the said date, in the possession of the defaulter as his own property and not on account of any other person, or was in the possession of some other person in trust for him, or in the occupancy of a tenant or other person paying rent to him, the proper officer shall reject the claim and proceed with the process of sale through auction.
(12) The proper officer shall issue a notice to the successful bidder in FORM GST DRC-11 requiring him to make the payment within a period of fifteen days from the date of such notice and after the said payment is made, he shall issue a certificate in FORM GST DRC-12 specifying the details of the property, date of transfer, the details of the bidder and the amount paid and upon issuance of such certificate, the rights, title and interest in the property shall be deemed to be transferred to such bidder:
Provided that where the highest bid is made by more than on
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tly, bid for, acquire or attempt to acquire any interest in the property sold.
149. Prohibition against sale on holidays.-No sale under the rules under the provision of this chapter shall take place on a Sunday or other general holidays recognized by the Government or on any day which has been notified by the Government to be a holiday for the area in which the sale is to take place.
150. Assistance by police.-The proper officer may seek such assistance from the officer-in-charge of the jurisdictional police station as may be necessary in the discharge of his duties and the said officer-in-charge shall depute sufficient number of police officers for providing such assistance.
151. Attachment of debts and shares, etc.- (1) A debt not secured by a negotiable instrument, a share in a corporation, or other movable property not in the possession of the defaulter except for property deposited in, or in the custody of any court shall be attached by a written order in FORM GST DRC-16 prohib
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lic Officer.-Where the property to be attached is in the custody of any court or Public Officer, the proper officer shall send the order of attachment to such court or officer, requesting that such property, and any interest or dividend becoming payable thereon, may be held till the recovery of the amount payable.
153. Attachment of interest in partnership.- (1) Where the property to be attached consists of an interest of the defaulter, being a partner, in the partnership property, the proper officer may make an order charging the share of such partner in the partnership property and profits with payment of the amount due under the certificate, and may, by the same or subsequent order, appoint a receiver of the share of such partner in the profits, whether already declared or accruing, and of any other money which may become due to him in respect of the partnership, and direct accounts and enquiries and make an order for the sale of such interest or such other order as the circumstanc
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of sub-section (1) of section 79, the proper officer shall send a certificate to the Collector or Deputy Commissioner of the district or any other officer authorised in this behalf in FORM GST DRC- 18 to recover from the person concerned, the amount specified in the certificate as if it were an arrear of land revenue.
156. Recovery through court.-Where an amount is to be recovered as if it were a fine imposed under the Code of Criminal Procedure, 1973, the proper officer shall make an application before the appropriate Magistrate in accordance with the provisions of clause (f) of sub-section (1) of section 79 in FORM GST DRC- 19 to recover from the person concerned, the amount specified thereunder as if it were a fine imposed by him.
157. Recovery from surety.-Where any person has become surety for the amount due by the defaulter, he may be proceeded against under this Chapter as if he were the defaulter.
158. Payment of tax and other amounts in instalments.- (1) On an application f
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ny of the Central Goods and Services Tax Act, 2017, for which the recovery process is on;
(b) the taxable person has not been allowed to make payment in instalments in the preceding financial year under the Act or the Integrated Goods and Services Tax Act, 2017 or the Union Territory Goods and Services Tax Act, 2017 or any of the Central Goods and Services Tax Act, 2017;
(c) the amount for which instalment facility is sought is less than twenty-five thousand rupees.
159. Provisional attachment of property.- (1) Where the Commissioner decides to attach any property, including bank account in accordance with the provisions of section 83, he shall pass an order in FORM GST DRC-22 to that effect mentioning therein, the details of property which is attached.
(2) The Commissioner shall send a copy of the order of attachment to the concerned Revenue Authority or Transport Authority or any such Authority to place encumbrance on the said movable or immovable property, which shall be remove
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opportunity of being heard to the person filing the objection, release the said property by an order in FORM GST DRC- 23.
(6) The Commissioner may, upon being satisfied that the property was, or is no longer liable for attachment, release such property by issuing an order in FORM GST DRC- 23.
160. Recovery from company in liquidation.- Where the company is under liquidation as specified in section 88, the Commissioner shall notify the liquidator for the recovery of any amount representing tax, interest, penalty or any other amount due under the Act in FORM GST DRC -24.
161. Continuation of certain recovery proceedings.-The order for the reduction or enhancement of any demand under section 84 shall be issued in FORM GST DRC-25.
Chapter – XIX
Offences and Penalties
162. Procedure for compounding of offences.-(1) An applicant may, either before or after the institution of prosecution, make an application under sub-section (1) of section 138 in FORM GST CPD-01 to the Commissioner fo
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able to be paid have been paid in the case for which the application has been made.
(6) The applicant shall, within a period of thirty days from the date of the receipt of the order under sub-rule (3), pay the compounding amount as ordered by the Commissioner and shall furnish the proof of such payment to him.
(7) In case the applicant fails to pay the compounding amount within the time specified in sub-rule (6), the order made under sub-rule (3) shall be vitiated and be void.
(8) Immunity granted to a person under sub-rule (3) may, at any time, be withdrawn by the Commissioner, if he is satisfied that such person had, in the course of the compounding proceedings, concealed any material particulars or had given false evidence. Thereupon such person may be tried for the offence with respect to which immunity was granted or for any other offence that appears to have been committed by him in connection with the compounding proceedings and the provisions the Act shall apply as if no suc
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down):
a. Excess balance in Electronic Cash ledger
b. Exports of services- With payment of Tax
c. Exports of goods / services- Without payment of Tax, i.e., ITC accumulated
d. On account of assessment/provisional assessment/ appeal/ any other order
i. Select the type of Order:
Assessment/Provisional Assessment/ Appeal/ Others
ii. Mention the following details:
1. Order No.
2. Order Date
3. Order Issuing Authority
4. Payment Reference No. (of the amount to be claimed as refund)
(If Order is issued within the system, then 2, 3, 4 will be auto populated)
e. ITC accumulated due to inverted tax structure (clause (ii) of proviso to section 54(3)
f. On account of supplies made to SEZ unit/ SEZ Developer or Recipient of Deemed
Exports
(Select the type of supplier/ recipient)
1. Supplies to SEZ Unit
2. Supplies to SEZ Developer
13
3. Recipient of Deemed Exports
g. Refund of accumulated ITC on account of supplies made to SEZ unit/ SEZ
Developer
h. Tax paid on a supply which is not provided, ei
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ted or fully
exempt supplies.
Signature
Name –
Designation/Status
14
DECLARATION
I hereby declare that the Special Economic Zone unit /the Special
Economic Zone developer has not availed of the input tax credit of the tax paid
by the applicant, covered under this refund claim.
Signature
Name –
Designation/Status
I/We
SELF-DECLARATION
(Applicant) having GSTIN/ temporary Id
solemnly affirm and certify that in respect of the refund amounting to Rs. / with
respect to the tax, interest, or any other amount for the period fromto-,
claimed in the refund application, the incidence of such tax and interest has not
been passed on to any other person.
(This Declaration is not required to be furnished by applicants, who are claiming
refund under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-
section (8) of section 54..)
10. Verification
I/We hereby solemnly affirm and declare that the information
given herein above is true and correct to the best of my/our knowledge and
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from GSTR-1 and GSTR-2.
Refund Type: Exports of services with payment of tax
(GSTR-1 Table 6A and Table 9)
16
Statement-2
1.
GSTI
Invoice details
Integrated Tax
BRC/FIRC
N of
Amended Debit Note Credit Note Net Integrated
Value Integrated Integrated
Tax
Taxab
|recipi
SAC
No. Date Value
Rate
ent
le Amt.
value
Date
No.
(Integrate
d Tax) Amended
Tax /
Tax/ = (11/8)+12-
Amended
13
1
2
3
5
7
8
9
10
(If Any)
11
(If any)
(If any)
12
13
14
6A. Exports
BRC/FIRC details are mandatory- in case of services
Refund Type: Export without payment of Tax-Accumulated ITC
(GSTR-1: Table 6A)
17
Statement-3
GSTIN of
recipient
Invoice details
No. Date Value
Goods/ HSN/ UQC QTY
Services SAC
No.
Shipping bill/ Bill of
export
Date Port
Code
Integrated Tax
EGM Details
BRC/FIRC
Rate Taxable Amt. Ref No.
value
Date No. Date
(G/S)
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
6A. Exports
Note 1. Shipping Bill and EGM are mandatory; – in case of goods.
2. BRC/FIRC details are mandatory- in case of Services
18
Statement 4
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a Taxa
Amount of Tax
Plac
Whethe
Amount of ITC available
te
ble
e of
r input
Amen Debit Credit Net
ded Note Note
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sup
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Value
Integr
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service/
ated
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Integr Integr
Capital
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UT
Tax
123456789
10
11
12
13
14
15 16
17
18
19
20
20
Statement 6:
Refund Type: Tax paid on an intra-State supply which is subsequently held to be inter-State supply and vice versa
Order Details (issued in pursuance of Section 77 (1) and (2), if any:
Order No:
Order Date:
GSTIN/ Details of invoice covering transaction considered as intra -State / inter-State Transaction which were held inter State / intra-State
UIN
transaction earlier
supply subsequently
Name
Invoice details
Inte
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relevant
records and Returns particulars maintained/ furnished by the applicant.
Signature of the Chartered Accountant/ Cost Accountant:
Name:
Membership Number:
Place:
Date:
This Certificate is not required to be furnished by the applicant, claiming refund under
clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54
of the Act.
23
FORM-GST-RFD-02
[See rules 90(1), 90(2) and 95(2)]
Acknowledgment
Your application for refund is hereby acknowledged against
Acknowledgement Number
Date of Acknowledgement
GSTIN/UIN/Temporary ID, if applicable
Applicant's Name
Form No.
Form Description
Jurisdiction (tick appropriate)
Centre
Filed by
State/
Union Territory:
Tax Period
Date and Time of
Filing
Reason for Refund
Amount of Refund Claimed:
Central Tax
State/UT tax
Integrated Tax
Cess
Total
Refund Application Details
Tax
Interest Penalty
Fees
Others
Total
Note 1: The status of the application can be viewed by entering ARN through
Track Application Stat
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Order Date…….
GSTIN/UIN/Temporary ID â—‡
Name: <>
Refund Amount (as per Order):
Description
Net
Refund
amount
sanctioned
Interest on
delayed
Integrated Tax
Central Tax
Date:
State/UT tax
Cess
TIPFO Total T IPFO Total TIPFO Tota TIPFO Total
Refund
Total
–
Note 'T' stands Tax; 'I' stands for Interest; 'P' stands for Penalty; 'F' stands for Fee and 'O'
stands for Others
Date:
Place:
Details of the Bank
i.
Bank Account no as per application
Name of the Bank
ii.
Name and Address of the Bank/branch
iii.
IFSC
iv.
MICR
V.
Signature (DSC):
Name:
Designation:
Office Address:
Το
26
(GSTIN/UIN/Temporary ID)
(Name)
(Address)
Order No.:
Το
(GSTIN/UIN/Temporary ID)
(Name)
(Address)
Show cause notice No. (If applicable)
Acknowledgement No.
27
FORM-GST-RFD-06
[See rule 92(1), 92(3), 92(4), 92(5) & 96(7)]
Date:
Dated
Refund Sanction/Rejection Order
Sir/Madam,
This has reference to your above mentioned application for refund filed under section 54 of the Act*/ interest on refund*
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to be paid to the bank account specified by him in his application;
(b) the amount is to be adjusted towards recovery of arrears as specified at serial number 5 of the Table above;
(c) an amount of rupees is to be adjusted towards recovery of arrears as specified at serial number 5 of the Table above and the
remaining amount of -rupees is to be paid to the bank account specified by him in his application* …
#Strike-out whichever is not applicable.
Or
&2. I hereby credit an amount of INR
to Consumer Welfare Fund under sub-section (…) of Section (…) of the Act. .
&3. I hereby reject an amount of INR
&Strike-out whichever is not applicable
to M/s
Date:
Place:
having GSTIN
under sub-section (…) of Section (…) of the Act.
Signature (DSC):
Name:
Designation:
Office Address:
Reference No.
To
30
FORM-GST-RFD-07
[See rule 92(1), 92(2) & 96(6)]
(GSTIN/UIN/Temp. ID No.)
(Name)
(Address)
Date:
Acknowledgement No.
Dated…….
Order for Complete adjustment of sanctioned Refund
Sir/M
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as reference to your refund application referred to above and information/ documents
furnished in the matter. The amount of refund sanctioned to you has been withheld due to the
following reasons:
Refund Order No.:
Date of issuance of Order:
Sr.
Refund Calculation
No.
Amount of Refund Sanctioned
i.
Amount of Refund Withheld
ii.
Amount of Refund Allowed
iii.
Integrated Central
Tax
State/UT Tax
Cess
Tax
Reasons for withholding of the refund:
>
I hereby, order that the amount of claimed / admissible refund as shown above is withheld for the
above mention reasons. This order is issued as per provisions under sub-section (…) of Section
(…) of the Act.
Date:
Place:
Signature (DSC):
Name:
Designation:
Office Address:
32
FORM GST RFD-10
[See rule 95(1)]
Application for Refund by any specialized agency of UN or any Multilateral Financial
Institution and Organization, Consulate or Embassy of foreign countries, etc.
1. UIN
2. Name:
3. Address
4. Tax Period (Quarter)
5. Amount of Refund Claim
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er of Undertaking for export of goods or services
1. GSTIN
2. Name
3. Indicate the type of document furnished Bond:
Letter of Undertaking
4. Details of bond furnished
Sr. No. Reference no. of the bank guarantee
Date
Amount
Name of bank and
branch
1
2
3
4
5
Note – Hard copy of the bank guarantee and bond shall be furnished to the jurisdictional officer.
5. Declaration –
(i)
The above-mentioned bank guarantee is submitted to secure the integrated tax
payable on export of goods or services.
(ii)
(iii)
I undertake to renew the bank guarantee well before its expiry. In case I/We fail to
do so the department will be at liberty to get the payment from the bank against the
bank guarantee.
The department will be at liberty to invoke the bank guarantee provided by us to
cover the amount of integrated tax payable in respect of export of goods or services.
Signature of Authorized Signatory
Name
Designation/Status
Date
34
I/We..
Bond for export of goods or services without payment of integrated tax
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mentioned;
The condition of this bond is that the obligor and his representative observe all the provisions of the
Act in respect of export of goods or services, and rules made thereunder;
AND if the relevant and specific goods or services are duly exported;
AND if all dues of Integrated tax and all other lawful charges, are duly paid to the Government along
with interest, if any, within fifteen days of the date of demand thereof being made in writing by the said
officer, this obligation shall be void;
AND the President shall, at his option, be competent to make good all the loss and damages, from the
amount of bank guarantee or by endorsing his rights under the above-written bond or both;
I/We further declare that this bond is given under the orders of the Government for the performance of
an act in which the public are interested;
IN THE WITNESS THEREOF these presents have been signed the day hereinbefore written by the
obligor(s).
Signature(s) of obligor(s).
Date:
Place:
Witnesses
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e integrated tax, thereon in the event of failure to export the goods or services, along with
an amount equal to eighteen percent interest per annum on the amount of tax not paid, from the date
of invoice till the date of payment.
I/We declare that this undertaking is given under the orders of the proper officer for the
performance of enacts in which the public are interested.
IN THE WITNESS THEREOF these presents have been signed the day hereinbefore written by the
undertaker(s)
Signature(s) of undertaker(s).
Date:
Place:
Witnesses
(1) Name and Address
(2) Name and Address
Date
Place
Accepted by me this..
..day of…
(year)..
.of
Occupation
Occupation
(month)..
(Designation)
for and on behalf of the President of India.”
36
18. In the said rules, after Form GST TRAN-2, the following Forms shall be inserted, namely:-
“FORM GST INS-1
AUTHORISATION FOR INSPECTION OR SEARCH
[See rule 139 (1)]
To
(Name and Designation of officer)
A. M/s.
Whereas information has been presented before me and
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ection 67 of the Act, I
authorize and require you to inspect the premises belonging to the above mentioned person
with such assistance as may be necessary for inspection of goods or documents and/or any
other things relevant to the proceedings under the said Act and rules made thereunder.
OR
37
in exercise of the powers conferred upon me under sub-section (2) of section 67 of the Act, I
authorize and require you to search the above premises with such assistance as may be
necessary, and if any goods or documents and/or other things relevant to the proceedings under
the Act are found, to seize and produce the same forthwith before me for further action under
the Act and rules made thereunder.
Any attempt on the part of the person to mislead, tamper with the evidence, refusal to answer the
questions relevant to inspection / search operations, making of false statement or providing false
evidence is punishable with imprisonment and /or fine under the Act read with section 179, 181,
191 and
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ize the following goods/books/ documents and things:
A) Details of Goods seized:
Sr.
No
Description
of goods
Quantity or units
Make/mark or
model
Remarks
3
4
5
1
2
39
B) Details of books / documents / things seized:
Sr.
Description
No
of books/documents/ things
No. of books /
documents/things
Remarks
seized
seized
3
4
1
2
and these goods and or things are being handed over for safe upkeep to:
>
with a direction that he shall not remove, part with, or otherwise deal with the goods or things
except with the previous permission of the undersigned.
Place:
Date:
Signature of the Witnesses
Sr. No.
To:
1.
2.
>
Name and Designation of the Officer
Name and address
Signature
40
40
FORM GST INS-03
ORDER OF PROHIBITION
[See rule 139(4)]
Whereas an inspection under sub-section (1)/search under sub-section (2) of Section 67 was
AM/PM in the following premise(s):
conducted on
_ at_
>
which is/are a place/places of business/premises belonging to:
>
>
in the presence of following witness(es):
1. >
2. >
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alled “the Governor”) in the sum of
(State) (hereinafter
rupees to be paid to the President / the
Governor for which payment will be made. I jointly and severally bind myself and my heirs/
executors/ administrators/ legal representatives/successors and assigns by these presents; dated
this…………… .day of………….
WHEREAS in accordance with the provisions of sub-section (2) of section 67, the goods have been
seized vide order number
.dated.. …. having value
..rupees
involving an amount of tax of
rupees. On my request the goods have been
permitted to be released provisionally by the proper officer on execution of the bond of value
rupees and a security of
..rupees against which cash/bank
guarantee has been furnished in favour of the President/ Governor; and
WHEREAS I undertake to produce the said goods released provisionally to me as and when
required by the proper officer duly authorized under the Act.
And if all taxes, interest, penalty, fine and other lawful charge
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ngs were seized on //
premise(s):
>
which is/are a place/places of business/premises belonging to:
>
>
Details of goods seized:
from the following
Sr.
No
Description
of goods
Quantity or units
Make/mark or
model
Remarks
1
2
3
4
5
and since these goods are of perishable or hazardous nature and since an amount of
Rs.
(amount in words and digits), being an amount
equivalent to the:
market price of such goods or things
the amount of tax, interest and penalty that is or may become payable
has been paid, I hereby order the above mentioned goods be released forthwith.
Place:
Date:
To:
>
Name and Designation of the Officer
Reference No:
To
GSTIN/ID
Name
Address
45
FORM GST DRC – 01
[See rule 142(1)]
Tax Period
F.Y.
Section/sub-section under which SCN is being issued –
SCN Reference No.
(a) Brief facts of the case
Date
Summary of Show Cause Notice
(b) Grounds
(c) Tax and other dues
Date:
Act-
(Amount in Rs.)
Sr.
Tax
Act
No.
Period
Place of
supply
(name of
Tax /
Others Total
Cess
State)
1 2 3 45
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plicabl
1
utilised entry
of
(Cash/ no.
debit
e
Credit)
entry
1
2
3
4
5
7
8
9
10
11
8. Reasons, if any –
>
9. Verification-
I hereby solemnly affirm and declare that the information given hereinabove is true and correct to
the best of my knowledge and belief and nothing has been concealed there from.
Signature of Authorized Signatory
Name
Designation / Status
Date –
Reference No:
To
GSTIN/ID
Name
Address
Tax Period
ARN –
48
FORM GST DRC – 04
[See rule 142(2)]
F.Y.
Date –
Date:
Acknowledgement of acceptance of payment made voluntarily
The payment made by you vide application referred to above is hereby acknowledged to the
extent of the amount paid and for the reasons stated therein.
Copy to –
Signature
Name
Designation
Reference No:
To
GSTIN/ID
Name
Address
Tax Period
SCN –
ARN –
49
FORM GST DRC-05
[See rule 142(3)]
F.Y.
Date –
Date –
Date:
Intimation of conclusion of proceedings
This has reference to the show cause notice referred to above. As you have paid the amount
of tax and other d
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thers (specify)
3. Description of goods / services
Sr. No.
HSN
Description
4. Details of demand
(Amount in Rs.)
Sr.
No.
Tax Turnover Place of
rate
Act
Tax/ Cess
Interest
supply
Penalt
y
1
2
3
4
5
6
7
8
5. Amount deposited
Sr.
No.
Tax Period
Act
Tax/Cess Interest Penalty Others Total
1 2 3 4 5678
Total
Copy to
Signature
Name
Designation
52
52
Reference No.:
FORM GST DRC – 08
[See rule 142(7)]
Rectification of Order
Preamble – > (Applicable for orders only)
Particulars of original order
Tax period, if any
Section under which order is
passed
Order no.
Provision assessment order
no., if any
ARN, if applied for
rectification
Date of issue
Order date
Date of ARN
Date:
Your application for rectification of the order referred to above has been found to be
satisfactory;
It has come to my notice that the above said order requires rectification;
Reason for rectification –
>
Details of demand, if any, after rectification
Sr.
Tax Turnover Place of
Act
Tax/ Cess
(Amount in Rs.)
Interest
Penalty
No.
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of the attached or distrained goods
specified in the Schedule below for recovery of Rs… and interest thereon and admissible
expenditure incurred on the recovery process in accordance with the provisions of section 79.
The sale will be by public auction and the goods shall be put up for sale in the lots specified in the
Schedule. The sale will be of the right, title and interests of the defaulter. And the liabilities and
claims attached to the said properties, so far as they have been ascertained, are those specified in
the Schedule against each lot.
The auction will be held on ……. at…. AM/PM. In the event the entire amount due is paid before
the date of auction, the sale will be stopped.
The price of each lot shall be paid at the time of sale or as per the directions of the proper officer/
specified officer and in default of payment, the goods shall be again put up for auction and resold.
Place:
Date:
Schedule
Serial No.
Description of goods
Quantity
1
2
3
Signature
Name
Design
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any
Quantity
Value
1
2
3
4
have been sold to
auction of the goods held for recovery of rupees
.at.
section 79(1)(b)/(d) of the > Act and rules made
(Purchaser) has been declared to be the
purchaser of the said goods at the time of sale. The sale price of the said goods was received
on…
The sale was confirmed on…
Place:
Date:
Signature
Name
Designation
Το
The
Particulars of defaulter –
GSTIN –
Name –
Demand order no.:
57
FORM GST DRC – 13
[See rule 145(1)]
Notice to a third person under section 79(1) (c)
Reference no. of recovery:
Period:
Date:
Date:
Whereas a sum of Rs. > on account of tax, cess, interest and penalty is payable under the
provisions of the > Act by > holding
> who has failed to make payment of such amount; and/or
It is observed that a sum of rupees
you; or
is due or may become due to the said taxable person from
It is observed that you hold or are likely to hold a sum of rupees for or on account of the said
person.
to the Government forthwith or upon t
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, you shall be deemed
to be a defaulter in respect of the amount specified in the notice and consequences of the Act or the
rules made thereunder shall follow.
Place:
Date:
Signature
Name
Designation
58
FORM GST DRC – 14
–
[See rule 145(2)]
Certificate of Payment to a Third Person
In response to the notice issued to you in FORM GST DRC-13 bearing reference no.
you have discharged your liability by making a payment of Rs.
dated
for the defaulter named below:
GSTIN-
Name –
Demand order no.:
Reference no. of recovery:
Period:
Date:
Date:
This certificate will constitute a good and sufficient discharge of your liability to above mentioned
defaulter to the extent of the amount specified in the certificate.
Place:
Date:
Signature
Name
Designation
59
FORM GST DRC-15
[See rule 146]
APPLICATION BEFORE THE CIVIL COURT REQUESTING EXECUTION FOR A
DECREE
To
The Magistrate /Judge of the Court of.
Demand order no.:
Date:
Sir/Ma'am,
Period
This is to inform you that as per the decree obtained i
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e on the said goods in any way and any transfer or charge created by you shall be invalid.
Sr. No.
1
Schedule (Movable)
Description of goods
2
Quantity
3
Schedule (Immovable)
Building Floor
Name of
Road/ Locali District State
PIN
No./
No.
Flat No.
the
Premises/
Building
Street ty/
Latitude Longitude
Code (optional) (optional)
Villag
e
1
2
3
4
5
6
7
8
9
10
Place:
Date:
Schedule (Shares)
Sr. No.
Name of the Company
1
2
61
Quantity
3
Signature
Name
Designation
62
FORM GST DRC – 17
[See rule 147(4)]
Notice for Auction of Immovable/Movable Property under section 79(1) (d)
Demand order no.:
Reference number of recovery:
Period:
Date:
Date:
Whereas an order has been made by me for sale of the attached or distrained goods
specified in the Schedule below for recovery of Rs………. and interest thereon and admissible
expenditure incurred on the recovery process in accordance with the provisions of section 79.
The sale will be by public auction and the goods shall be put up for sale in the lots
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uantity
3
Signature
Name
Designation
To
Name & Address of District Collector
Demand order no.:
Reference number of recovery:
Period:
64
FORM GST DRC – 18
[See rule 155]
Date:
Date:
Certificate action under clause (e) of sub-section (1) section 79
I..
has been
do hereby certify that a sum of Rs…
demanded from and is payable by M/s…………….
holding GSTIN …….under
> Act, but has not been paid and cannot be recovered from
the said defaulter in the manner provided under the Act.
>
The said GSTIN holder owns property/resides/carries on business in your jurisdiction the
particulars of which are given hereunder: –
>
You are requested to take early steps to realise the sum of rupees
as if it were an arrear of land revenue.
Place:
Date:
Signature
Name
Designation
from the said defaulter
To,
Magistrate,
>
Demand order no.:
Reference number of recovery:
Period:
65
FORM GST DRC – 19
[See rule 156]
Date:
Date:
Application to the Magistrate for Recovery as Fine
A sum
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emnly affirm and declare that the information given herein above is true and correct to
the best of my knowledge and belief and nothing has been concealed therefrom.
Signature of Authorized Signatory
Name
Place
Date –
Reference No >
To
GSTIN
Name
Address
Demand Order No.
Reference number of recovery:
Period –
Application Reference No. (ARN) –
67
FORM GST DRC – 21
[See rule 158(2)]
>
Date:
Date:
Date –
Order for acceptance/rejection of application for deferred payment / payment in instalments
This has reference to your above referred application, filed under section 80 of the Act. Your
application for deferred payment / payment of tax/other dues in instalments has been examined and
in this connection, you are allowed to pay tax and other dues by (date) or in this connection
you are allowed to pay the tax and other dues amounting to rupees
instalments.
OR
in
monthly
This has reference to your above referred application, filed under section 80 of the Act. Your
application for deferred pay
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exercise of the powers conferred under section 83
of the Act, I
(designation), hereby provisionally attach the aforesaid
account/property.
(name),
No debit shall be allowed to be made from the said account or any other account operated by the
aforesaid person on the same PAN without the prior permission of this department.
or
The property mentioned above shall not be allowed to be disposed of without the prior permission
of this department.
Copy to-
Signature
Name
Designation
Reference No.:
Το
Name
Address
69
FORM GST DRC – 23
[See rule 159(3), (5) & (6)]
Date:
(Bank/Post Office/Financial Institution/Immovable property registering authority)
Order reference No. –
Date –
Restoration of provisionally attached property / bank account under section 83
Please refer to the attachment of > account in your> having account no. >, attached vide above referred order,
to safeguard the interest of revenue in the proceedings launched against the person. Now, there is
no such proceedings pendin
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Demand
(Amount in Rs.)
Act
Tax
Interest Penalty
Other Dues
Total Arrears
1
2
3
4
5
6
Central tax
State/UT tax
Integrated tax
Cess
In compliance of the provisions of section 88 of the Act, you are hereby directed to make sufficient
provision for discharge of the current and anticipated liabilities, before the final winding up of the
company.
Place:
Date:
Name
Designation
Reference No >
To
GSTIN
Name
Address
Demand Order No.:
Reference number of recovery:
Period:
71
FORM GST DRC – 25
[See rule 161]
Reference No. in Appeal or Revision or any other proceeding –
Date:
Date:
Date:
Continuation of Recovery Proceedings
> has
above mentioned demand order
dated.
– and the dues now stands
stands continued
.The recovery of enhanced/reduced amount of Rs…..
from the stage at which the recovery proceedings stood immediately before disposal of appeal or
revision. The revised amount of demand after giving effect of appeal / revision is given below:
Financial year:
Act
Tax
Interest
Penalty
Other Dues
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shall be compounded.
Signature of the applicant
Name
73
Reference No:
To
FORM GST CPD-02
[See rule 162(3)]
GSTIN/ID
Name
Address
ARN
Date –
Date:
Order for rejection / allowance of compounding of offence
This has reference to your application referred to above. Your application has been examined in the
department and the findings are as recorded below:
>
I am satisfied that you fulfil the requirements to be allowed to compound the offences in respect of
the offences stated in column (2) of the table below on payment compounding amount indicated in
column (3):
Sr. No.
(1)
Offence
(2)
Compounding amount (Rs.)
(3)
Note: In case the offence committed by the taxable person falls in more than one category specified
in Column (2), the compounding amount shall be the amount specified in column (3), which is the
maximum of the amounts specified against the categories in which the offence sought to be
compounded can be categorized.
(date) and on
You are hereby directed to pay the aforesaid compo
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