West Bengal Goods and Services Tax (Amendment) Rules, 2019.
173-F.T. – . 3\/2019-State Tax Dated:- 29-1-2019 West Bengal SGST
GST – States
West Bengal SGST
West Bengal SGST
GOVERNMENT OF WEST BENGAL
\nFINANCE DEPARTMENT
\nREVENUE
\nNOTIFICATION No. 3\/2019-State Tax
\nNo. 173-F.T.
\nHowrah, the 29th day of January, 2019.
\nIn exercise of the powers conferred by section 164 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. Act XXVIII of 2017), the Governor is pleased hereby to make the following rules further to amend the West Bengal Goods and Services Tax Rules, 2017, namely: –
\n1. (1) These rules may be called the West Bengal Goods and Services Tax (Amendment) Rules, 2019.
\n (2) Save as otherwise provided in these rules, they shall come into force on the first day of February, 2019.
\n2. In the West Bengal Goods and Services Tax Rules, 2017, –
\n(1) in Chapter-II, in the heading, for the words "Composition Rules", the words, "Composition Levy" s<\/p>\n
= = = = = = = =<\/p>\n
Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n laces of business if he is paying tax under section 9 for any other place of business; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n rule (1) or sub-rule (2), shall not make any taxable supply during the period of suspension and shall not be required to furnish any return under section 39. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n figures and letter "and entry 92A" shall be inserted; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n gures "other than those referred to in the proviso to sub-section (5) of section 35," shall be inserted; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n figures and letters "section 49A and section 49B," shall be inserted; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n GST REG-01, in instruction 12, – = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n nd entries shall be inserted, namely:- = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n UT tax = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n t not exceeding ₹ 50 crore each in respect of CGST, GGST or cess or not exceeding ₹ 100 crore in respect of IGST and ₹ 50 crore in respect of cess)” shall be substituted; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n","protected":false},"excerpt":{"rendered":" West Bengal Goods and Services Tax (Amendment) Rules, 2019.173-F.T. – . 3\/2019-State Tax Dated:- 29-1-2019 West Bengal SGSTGST – StatesWest Bengal SGSTWest Bengal SGSTGOVERNMENT OF WEST BENGAL FINANCE DEPARTMENT REVENUE NOTIFICATION No. 3\/2019-State Tax No. 173-F.T. Howrah, the 29th day of January, 2019. In exercise of the powers conferred by section 164 of the West … Continue reading “West Bengal Goods and Services Tax (Amendment) Rules, 2019.”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-16939","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/16939","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=16939"}],"version-history":[{"count":0,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/16939\/revisions"}],"wp:attachment":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16939"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16939"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16939"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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\n (c) all separately registered places of business of such person shall pay tax under the Act on supply of goods or services or both made to another registered place of business of such person and issue a tax invoice or a bill of supply, as the case may be, for such supply.
\n Explanation.- For the purposes of clause (b), it is hereby clarified that where any place of business of a registered person that has been granted a separate registration becomes ineligible to pay tax under section 10, all other registered places of business of the said person shall become ineligible to pay tax under the said section.
\n(2) A registered person opting to obtain separate registration for a place of business shall submit a separate application in FORM GST REG-01 in respect of such place of business.
\n(3) The provisions of rule 9 and rule 10 relating to the verification and the grant of registration shall, mutatis mu<\/p>\n
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\n(4) The suspension of registration under sub-rule (1) or sub-rule (2) shall be deemed to be revoked upon completion of the proceedings by the proper officer under rule 22 and such revocation shall be effective from the date on which the suspension had come into effect.";
\n(6) after rule 41, the following rule shall be inserted, namely: –
\n"41A. Transfer of credit on obtaining separate registration for multiple places of business within the State.-(1) A registered person who has obtained separate registration for multiple places of business in accordance with the provisions of rule 11 and who intends to transfer, either wholly or partly, the unutilised input tax credit lying in his electronic credit ledger to any or all of the newly registered place of business, shall furnish within a period of thirty days from obtaining<\/p>\n
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\n(8) in rule 43, –
\n(a) in sub-rule (1), in clause (g), in the Explanation, after the word and figures "entry 84", the words, figures and letter "and entry 92A" shall be inserted;
\n(b) in sub-rule (2), in the Explanation, clause (a) shall be omitted;
\n(9) in rule 53,-
\n (a) in sub-rule (1), –
\n (i) after the words and figures "section 31", the words and figures "and credit or debit notes referred to in section 34" shall be omitted;
\n (ii) clause (c) shall be omitted;
\n (iii) clause (i) shall be omitted;
\n (b) after sub-rule (1), the following sub-rule shall be inserted, namely:-
\n "(1A) A credit or debit note referred to in section 34 shall contain the following particulars, namely:-
\n (a) name, address and Goods and Services Tax Identification Number of the supplier;
\n (b) nature of the document;
\n (c) a consecutive serial number not exceeding sixteen characters, in one or mul<\/p>\n
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\n(11) in rule 83,-
\n (a) in sub-rule (1), in clause (a), for the words "Central Board of Excise" the words "Central Board of Indirect Taxes" shall be substituted;
\n (b) in sub-rule (3), in the second proviso, for the words "eighteen months", the words "thirty months" shall be substituted;
\n (c) for sub-rule (8), the following sub-rule shall be substituted, namely:-
\n "(8) A goods and services tax practitioner can undertake any or all of the following activities on behalf of a registered person, if so authorised by him to-
\n (a) furnish the details of outward and inward supplies;
\n (b) furnish monthly, quarterly, annual or final return;
\n (c) make deposit for credit into the electronic cash ledger;
\n (d) file a claim for refund;
\n (e) file an application for amendment or cancellation of registration;
\n (f) furnish information for<\/p>\n
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\n(13) in rule 86, in sub-rule (2), after the word and figures "section 49", the words,figures and letters "or section 49A or section 49B," shall be inserted;
\n(14) in rule 89, in sub-rule (2), for clause (f), the following clause shall be substituted, namely:-
\n "(f) a declaration to the effect that tax has not been collected from the Special Economic Zone unit or the Special Economic Zone developer, in a case where the refund is on account of supply of goods or services or both made to a Special Economic Zone unit or a Special Economic Zone developer;";
\n(15) in rule 91,-
\n (a) in sub-rule (2), the following proviso shall be inserted, namely:-
\n "Provided that the order issued in FORM GST RFD-04 shall not be required to be revalidated by the proper officer.";
\n (b) in sub-rule (3), the following proviso shall be inserted, namely:-
\n "Provided that the payment a<\/p>\n
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\n (a) for the words "business verticals" at both the places where they occur, the words "places of business" shall be substituted;
\n (b) for the word “vertical”, the words “places of business” shall be substituted;
\n(19) in FORM GST REG-17, at the end, the following "Note" shall be inserted, namely:-
\n "Note: – Your registration stands suspended with effect from – (date).";
\n(20) in FORM GST REG-20, at the end, the following "Note" shall be inserted, namely:-
\n "Note: – Suspension of registration stands revoked with effect from – (date).";
\n(21) after FORM GST ITC-02, the following form shall be inserted, namely:-
\nFORM GST ITC-02A
\n[See rule 41A]
\nDeclaration for transfer of ITC pursuant to registration under sub-section (2) of section 25
\n1.
\nGSTIN of transferor
\n2.
\nLegal name of transferor
\n3.
\nTrade name of transferor, if any
\n4.
\n GSTIN of transferee
\n5.
\nLegal name of transferee
\n6.
\nT<\/p>\n
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\n“6
\nTo furnish information for generation of e-way bill
\n7
\nTo furnish details of challan in FORM GST ITC-04
\n8
\nTo file an application for amendment or cancellation of enrolment under rule 58
\n9
\nTo file an intimation to pay tax under the composition scheme or withdraw from the said scheme”.
\n(23) in FORM GSTR -4,-
\n(a) in clause 6, for the Table, the following Table shall be substituted, namely:-
\nRate of tax
\nTotal Turnover
\nOut of turnover reported in (2), turnover of services
\nComposition tax amount
\nCentral Tax
\nState\/UT Tax
\n1
\n2
\n3
\n4
\n5
\n(b) in clause 7, for the Table, the following Table shall be substituted, namely:-
\n“Quarter
\nRate
\nOriginal details
\nRevised details
\nTotal Turnover
\nOut of turnover reported in (3), turnover of services
\nCentral Tax
\nState\/UT Tax
\nTotal Turnover
\nOut of turnover reported in (7), turnover of services
\nCentral Tax
\nState\/UT Tax
\n1
\n2
\n3
\n4
\n5
\n6
\n7
\n8
\n9
\n10”;
\n(24) in FORM GST RFD-01, for the declara<\/p>\n
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\nIntegrated tax
\nCess
\nTotal amount
\na) Admitted amount
\nTax\/ Cess
\n< total >
\nInterest
\n< total >
\nPenalty
\n< total >
\nFees
\n< total >
\nOther charges
\n< total >
\n< total >
\nb) Pre-deposit (10% of disputed tax\/cess but not exceeding ₹ 25 crore each in respect of CGST, SGST or cess, or not exceeding ₹ 50 crore in respect of IGST and ₹ 25 crore in respect of cess)
\nTax\/Cess
\n< total >
\n (b) Details of payment of admitted amount and pre-deposit (pre-deposit 10% of the disputed tax and cess but not exceeding ₹ 25 crore each in respect of CGST, GGST or cess, or not exceeding ₹ 50 crore in respect of IGST and ₹ 25 crore in respect of cess)
\nSr. No.
\nDescription
\nTax payable
\nPaid through Cash\/ Credit Ledger
\nDebit entry no.
\nAmount of tax paid
\nCentral tax
\nState\/UT tax
\nIntegrated tax
\nCESS
\n1
\n2
\n3
\n4
\n5
\n6
\n7
\n8
\n9
\n1.
\n Integrated
\nCash Ledger
\ntax
\nCredit Ledger
\n2.
\nCentral tax
\nCash Ledger
\nCredit Ledger
\n3.
\nState\/UT tax
\nCash Ledger
\nCredit<\/p>\n
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\n (ii) in sub-clause (b), for the brackets, words and figures “(pre-deposit 20% of the disputed admitted tax and Cess)”, the brackets, words, figures and letters”(pre-deposit of 20% of the disputed admitted tax and cess but not exceeding ₹ 50 crore each in respect of CGST, GGST or cess or not exceeding ₹ 100 crore in respect of IGST and ₹ 50 crore in respect of cess)” shall be substituted;
\n(b) after clause 14, the following shall be inserted, namely:-
\n “15. Place of supply wise details of the integrated tax paid (admitted amount only) mentioned in the Table in sub-clause (a) of clause 14 (item (a)), if any
\nPlace of Supply (Name of State\/UT)
\nDemand
\nTax
\nInterest
\nPenalty
\nOther
\nTotal
\n1
\n2
\n3
\n4
\n5
\n6
\n7”.
\nAdmitted amount [in the Table in sub-clause (a) of clause 14 (item (a))<\/p>\n
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