Uttarakhand Goods and Services Tax (Fifth Amendment) Rules, 2018
574\/2018\/4(120)\/XXVII(8)\/2018\/CT-26 Dated:- 6-7-2018 Uttarakhand SGST
GST – States
Uttarakhand SGST
Uttarakhand SGST
Government of Uttarakhand
\nFinance Section-8
\nNo. 574\/2018\/4(120)\/XXVII(8)\/2018\/CT-26
\nDehradun :: Dated:: 06th July, 2018
\nNotification
\nIn exercise of the powers conferred by section 164 of the Uttarakhand Goods and Services Tax Act, 2017 (06 of 2017) read with section 21 of the Uttar Pradesh General Clause Act, 1904 (Act No. 01 Year 1904) (as applicable in the State of Uttarakhand), the Governor is pleased to make the following rules with a view to further amend the Uttarakhand Goods and Services Tax Rules, 2017, namely :
\nThe Uttarakhand Goods and Services Tax (Fifth Amendment) Rules, 2018
\n1. Short title and Commencement
\n (1) These rules may be called the Uttarakhand Goods and Services Tax (Fifth Amendment) Rules, 2018.
\n (2) Save as otherwise provided, they shall come into force from <\/p>\n
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\n89. (5) In the case of refund on account of inverted duty structure, refund of input tax credit shall be granted as per the following formula :
\nMaximum 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.
\nExplanation:For the purposes of this sub-rule, the expressions
\n(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) of both; and
\n(b) "Adjusted Total turnover" shall have the same meaning as assigned to it in sub-rule (4).
\n89. (5) In the case of refund on account of inverted duty structure: refund of input tax credit shall be granted as per the following formula :-
\nMaximum Refund Amount= {(Turnover of inverted rated supply of goods and Services)x Net ITC÷ Adjusted Total Turnove<\/p>\n
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\nProvided further that an amount equivalent to fifty per cent of the amount of cess determined under sub-section (5) of section 54 read with section 11 of the Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017), shall be deposited in the Fund.
\n7. Amendment in rule 133
\nIn rule 133 of the "Principal Rules", for sub-rule (3) set out in column-1, the following sub-rule set out in column-2 shall be substituted, namely :
\nColumn-I
\nExisting sub-rule
\nColumn-2
\nHereby substituted sub-rule
\n133.(3) Where the Authority determines that a registered person has not passed on the benefit of reduction in rate of tax on the supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices, the Authority may order
\n(a) reduction in prices;
\n(b) return to the recipient, an amount equivalent <\/p>\n
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\n(c) the deposit of an amount equivalent to fifty per cent of the amount determined under the above clause in the Fund constituted under section 57 ot the Central Goods and Services Tax Act, 2017 and the remaining fifty per cent of the amount in the Fund constituted under section 57 of the Uttarakhand Goods and Services Tax Act, 2017, where the eligible person does not claim return of the amount or is not identifiable;
\n(d) imposition of penalty as specified under the Act; and
\n(e) cancellation of registration under the Act.
\n8. Amendment in Rule 138
\nIn rule 138 of the "Principal Rules", in sub-rule (14), after clause (n), the following clause shall be inserted, namely .-
\n(o) where empty cylinders for packing of liquefied petroleum gas are being moved for reasons other than supply";
\n9<\/p>\n
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\n11. Amendment in FORM GST RFD-01
\nIn FORM GST RFD-01 of the "Principal Rules" in Annexure-I-(a) for Statement 1A, the following Statement shall be substituted, namely:-
\n“Statement 1A
\n[see rule 89(2)(h)]
\nRefund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]
\nSl.No
\nDetails of invoices of inward supplies received
\nTax paid on inward supplies
\nDetails of invoices of outward supplies issued
\nTax paid on outward supplies
\nGSTIN of the supplier
\nNo.
\nDate
\nTaxable Value
\nIntegrated Tax
\nCentral Tax
\nState Tax
\nNo.
\nDate
\nTaxable Value
\nIntegrated Tax
\nCentral Tax
\nState Tax
\n1
\n2
\n3
\n4
\n5
\n6
\n7
\n8
\n9
\n10
\n11
\n12
\n13
\n14
\n.”
\n(b) for Statement 5B, the following Statement shall be substituted, namely:-
\n“Statement 5B
\n[see rule 89(2)(g)]
\nRefund Type: On account of deemed exports
\n(Amount in Rs)
\nSl.No.
\nDetails of invoices of outward supplies in case refund is claimed by s<\/p>\n
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