THE JAMMU AND KASHMIR GOODS AND SERVICES TAX RULES, 2017
SRO-282. Dated:- 8-7-2017 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
\nFinance Department
\nCivil Secretariat, Srinagar
\nNotification
\nSrinagar, the 8th July 2017
\nSRO 282.- In exercise of the powers conferred by section 164 of the Jammu and Kashmir Goods and Services Tax Act, 2017, the Government hereby make the following rules to carry out the purpose of the said Act, namely:-
\nTHE JAMMU AND KASHMIR GOODS AND SERVICES TAX RULES, 2017
\n=============
\nDocument 1Government of Jammu and Kashmir
\nFinance Department
\nCivil Secretariat, Srinagar
\nNotification
\nSrinagar, the 8th July 2017
\nSRO 282.- In exercise of the powers conferred by section 164 of the
\nJammu and Kashmir Goods and Services Tax Act, 2017, the
\nGovernment hereby make the following rules to carry out the purpose
\nof the said Act, namely:-
\nChapter I
\nPRELIMINARY
\n1. Short title and Commencement. – T<\/p>\n
= = = = = = = =<\/p>\n
Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n hrough electronic verification code, on the common = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n (1) or sub-rule (3) in respect of any = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n every notice or signboard displayed at a prominent place at = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n option or from the date of the event concerning such = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n required to deduct tax at source = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n tion in Part B of = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n Part A of FORM GST REG-01. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n for registration has been submitted by the = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n siness verticals of the = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ation, = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n istration, in FORM GST REG-06, subject to such conditions and = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n all, mutatis mutandis, = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n mit an application, duly signed or verified through electronic = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n nder sub-rule (2) of rule 8. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n -finished or finished. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n lication submitted under rule 20 or, as the case may = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ces other than those specified in clause (a), by an = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n FORM GST REG-26, duly signed or verified through electronic = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n tered under the Act may, within a period of thirty = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n Undivided Family, by a Karta and where = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n of supply of goods or services or = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n the value declared in the invoice shall be deemed to be the = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ovisions of section 15 and the provisions of this = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ount of two hundred and fifty rupees; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ere no input tax credit has been availed on the purchase of such = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n supply are in addition to the = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n y,- = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n the provisions of sub- = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n not = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n stribute the amount = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n at qualifies for distribution to such recipient = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n . = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n preceding the date of the = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n in the ratio of the value of assets of the new units as = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n nic credit = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n oses, be denoted as 'D2', and = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ayment; or = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n f = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n eby clarified that = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n it of central tax, State tax, Union territory = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n from one job worker to = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n nd where the value of the = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n tion (4) of section 9, = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n or before the = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n he time being in force in = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n phabets = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ed representative. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n h and fifty thousand = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n e recipient = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n x Identification = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ars mentioned in sub-section (1) of section 35, a true and = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n valid = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n accounts, showing quantitative details of raw = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n by him on = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ectronically on the common portal either directly or through a = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n and credit notes, if any, issued during the month for = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n d person shall declare the quantum of ineligible = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ion 10 or section 51 or, as the case may be, = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n is liability towards tax, interest, penalty, fees or any = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n s and shall pay the tax, interest, penalty, = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n in FORM = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n and debit = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n -rule (1) may make suitable rectifications in the statement of = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n t tax liability to such = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n n portal on or before the last date of the = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n st or the taxable person = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n lity and = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n been issued a Unique Identity Number for = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n se; or = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n r on the common portal in FORM GST PCT- = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n FORM GST PCT-05 to any goods and = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n the said person; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n it ledger shall be debited to the extent of = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ational Electronic Fund Transfer or Real Time Gross = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n allan Identification = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n not file an appeal. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n t supplies: = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n the effect that the Special Economic Zone = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n on, in a case = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n es and zero-rated supply of services = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n the date of filing of the claim for = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n nation of = = = = = = = =<\/p>\n
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\nportal, either directly or through a Facilitation Centre notified by the
\nCommissioner, prior to the appointed day, but not later than thirty
\ndays after the said day, or such further period as may be extended by
\nthe Commissioner in this behalf:
\nProvided that where the intimation in FORM GST CMP-01 is
\nfiled after the appointed day, the registered person shall not collect
\nany tax from the appointed day but shall issue bill of supply for
\nsupplies made after the said day.
\n(2) Any person who applies for registration under sub-rule (1) of rule
\n8 may give an option to pay tax under section 10 in Part B of FORM
\nGST REG-01, which shall be considered as an intimation to pay tax
\nunder the said section.
\n(3) Any registered person who opts to pay tax under section 10 shall
\nelectronically file an intimation in FORM GST CMP-02, duly signed
\nor verified through electronic verification code, on the common
\nportal, either directly or through a Facilitation <\/p>\n
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\nplace of business in any State or Union territory shall be deemed to be
\nintimation in respect of all other places of business registered on the
\nsame Permanent Account Number.
\n4. Effective date for composition levy.- (1) The option to pay tax
\nunder section 10 shall be effective from the beginning of the financial
\nyear, where the intimation is filed under sub-rule (3) of rule 3 and the
\nappointed day where the intimation is filed under sub-rule (1) of the
\nsaid rule.
\n(2) The intimation under sub-rule (2) of rule 3, shall be considered
\nonly after the grant of registration to the applicant and his option to
\npay tax under section 10 shall be effective from the date fixed under
\nsub-rule (2) or (3) of rule 10.
\n5. Conditions and restrictions for composition levy. (1) The
\nperson exercising the option to pay tax under section 10 shall comply
\nwith the following conditions, namely:-
\n(a) he is neither a casual taxable person nor a non-resident
\ntaxable person;
\n(b<\/p>\n
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\nhis principal place of business and at every additional place or
\nplaces of business.
\n(2) The registered person paying tax under section 10 may not file a
\nfresh intimation every year and he may continue to pay tax under the
\nsaid section subject to the provisions of the Act and these rules.
\n6. Validity of composition levy.- (1) The option exercised by a
\nregistered person to pay tax under section 10 shall remain valid so
\nlong as he satisfies all the conditions mentioned in the said section
\nand under these rules.
\n(2) The person referred to in sub-rule (1) shall be liable to pay tax
\nunder sub-section (1) of section 9 from the day he ceases to satisfy
\nany of the conditions mentioned in section 10 or the provisions of this
\nChapter and shall issue tax invoice for every taxable supply made
\nthereafter and he shall also file an intimation for withdrawal from the
\nscheme in FORM GST CMP-04 within seven days of the occurrence
\nof such event.<\/p>\n
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\ncontravention, as the case may be.
\n(6) Every person who has furnished an intimation under sub-rule (2)
\nor filed an application for withdrawal under sub-rule (3) or a person in
\nrespect of whom an order of withdrawal of option has been passed in
\nFORM GST CMP-07 under sub-rule (5), may electronically furnish
\nat the common portal, either directly or through a Facilitation Centre
\nnotified by the Commissioner, a statement in FORM GST ITC-01
\ncontaining details of the stock of inputs and inputs contained in semi-
\nfinished or finished goods held in stock by him on the date on which
\nthe option is withdrawn or denied, within a period of thirty days from
\nthe date from which the option is withdrawn or from the date of the
\norder passed in FORM GST CMP-07, as the case may be.
\n(7) Any intimation or application for withdrawal under sub-rule (2) or
\n(3) or denial of the option to pay tax under section 10 in accordance
\nwith sub-rule (5) in respect of an<\/p>\n
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\nunder section 51, a person required to collect tax at source under
\nsection 52 and a person supplying online information and database
\naccess or retrieval services from a place outside India to a non-taxable
\nonline recipient referred to in section 14 of the Integrated Goods and
\nServices Tax Act, 2017 (13 of 2017) who is liable to be registered
\nunder sub-section (1) of section 25 and every person seeking
\nregistration under sub-section (3) of section 25 (hereafter in this
\nChapter referred to as \u201cthe applicant\u201d) shall, before applying for
\nregistration, declare his Permanent Account Number, mobile number,
\ne-mail address, State or Union territory in Part A of FORM GST
\nREG-01 on the common portal, either directly or through a
\nFacilitation Centre notified by the Commissioner:
\nProvided that a person having a unit(s) in a Special Economic
\nZone or being a Special Economic Zone developer shall make a
\nseparate application for registration as a business ve<\/p>\n
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\nFORM GST REG-01, duly signed or verified through electronic
\nverification code, along with the documents specified in the said Form
\nat the common portal, either directly or through a Facilitation Centre
\nnotified by the Commissioner.
\n(5) On receipt of an application under sub-rule (4), an
\nacknowledgement shall be issued electronically to the applicant in
\nFORM GST REG-02.
\n(6) A person applying for registration as a casual taxable person
\nshall be given a temporary reference number by the common portal
\nfor making advance deposit of tax in accordance with the provisions
\nof section 27 and the acknowledgement under sub-rule (5) shall be
\nissued electronically only after the said deposit.
\n9. Verification of the application and approval.-(1) The application
\nshall be forwarded to the proper officer who shall examine the
\napplication and the accompanying documents and if the same are
\nfound to be in order, approve the grant of registration to the applicant
\nwithin a period of three w<\/p>\n
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\n(3) Where the proper officer is satisfied with the clarification,
\ninformation or documents furnished by the applicant, he may approve
\nthe grant of registration to the applicant within a period of seven
\nworking days from the date of the receipt of such clarification or
\ninformation or documents.
\n(4) Where no reply is furnished by the applicant in response to the
\nnotice issued under sub-rule (2) or where the proper officer is not
\nsatisfied with the clarification, information or documents furnished,
\nhe shall, for reasons to be recorded in writing, reject such application
\nand inform the applicant electronically in FORM GST REG-05.
\n(5)
\nIf the proper officer fails to take any action, –
\n(a) within a period of three working days from the date of
\nsubmission of the application; or
\n(b) within a period of seven working days from the date of the
\nreceipt of the clarification, information or documents furnished
\nby the applicant under sub-rule (2),
\nthe application for grant <\/p>\n
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\napplicant after the expiry of thirty days from the date of his becoming
\nliable to registration, the effective date of registration shall be the date
\nof the grant of registration under sub-rule (1) or sub-rule (3) or sub-
\nrule (5) of rule 9.
\n(4) Every certificate of registration shall be duly signed or verified
\nthrough electronic verification code by the proper officer under the
\nAct.
\n(5) Where the registration has been granted under sub-rule (5) of
\nrule 9, the applicant shall be communicated the registration number,
\nand the certificate of registration under sub-rule (1), duly signed or
\nverified through electronic verification code, shall be made available
\nto him on the common portal, within a period of three days after the
\nexpiry of the period specified in sub-rule (5) of rule 9.
\n10
\n11. Separate registration for multiple business verticals within a
\nState or a Union territory.- (1) Any person having multiple business
\nverticals within a State or<\/p>\n
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\nsaid person shall become ineligible to pay tax under the said
\nsection.
\n(2) A registered person eligible to obtain separate registration for
\nbusiness verticals may submit a separate application in FORM GST
\nREG-01 in respect of each such vertical.
\n(3) The provisions of rule 9 and rule 10 relating to the verification and
\nthe grant of registration shall, mutatis mutandis, apply to an
\napplication submitted under this rule.
\n11
\n12. Grant of registration to persons required to deduct tax at
\nsource or to collect tax at source.- (1) Any person required to deduct
\ntax in accordance with the provisions of section 51 or a person
\nrequired to collect tax at source in accordance with the provisions of
\nsection 52 shall electronically submit an application, duly signed or
\nverified through electronic verification code, in FORM GST REG-
\n07 for the grant of registration through the common portal, either
\ndirectly or through a Facilitation Centre notified by the
\nCommissioner.
\n(2) The p<\/p>\n
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\nduly signed or verified through electronic verification code, in
\nFORM GST REG-09, at least five days prior to the commencement
\nof business at the common portal either directly or through a
\nFacilitation Centre notified by the Commissioner:
\nProvided that in the case of a business entity incorporated or
\nestablished outside India, the application for registration shall be
\nsubmitted along with its tax identification number or unique number
\n12
\non the basis of which the entity is identified by the Government of
\nthat country or its Permanent Account Number, if available.
\n(2) A person applying for registration as a non-resident taxable person
\nshall be given a temporary reference number by the common portal
\nfor making an advance deposit of tax in accordance with the
\nprovisions of section 27 and the acknowledgement under sub-rule (5)
\nof rule 8 shall be issued electronically only after the said deposit in his
\nelectronic cash ledger.
\n(3) The provisions of rule 9 and rule 10 relating to the v<\/p>\n
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\nrestrictions and by such officer as may be notified by the Central
\nGovernment on the recommendations of the Council.
\n13
\n33
\n15. Extension in period of operation by casual taxable person and
\nnon-resident taxable person.- (1) Where a registered casual taxable
\nperson or a non-resident taxable person intends to extend the period of
\nregistration indicated in his application of registration, an application
\nin FORM GST REG-11 shall be submitted electronically through the
\ncommon portal, either directly or through a Facilitation Centre
\nnotified by the Commissioner, by such person before the end of the
\nvalidity of registration granted to him.
\n(2) The application under sub-rule (1) shall be acknowledged only
\non payment of the amount specified in sub-section (2) of section 27.
\n16. Suo moto registration.- (1) Where, pursuant to any survey,
\nenquiry, inspection, search or any other proceedings under the Act,
\nthe proper officer finds that a <\/p>\n
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\napply to an application submitted under sub-rule (3).
\n(5) The Goods and Services Tax Identification Number assigned,
\npursuant to the verification under sub-rule (4), shall be effective from
\nthe date of the order granting registration under sub-rule (1).
\n14
\n17. Assignment of Unique Identity Number to certain special
\nentities.- (1) Every person required to be granted a Unique Identity
\nNumber in accordance with the provisions of sub-section (9) of
\nsection 25 may submit an application electronically in FORM GST
\nREG-13, duly signed or verified through electronic verification code,
\nin the manner specified in rule 8 at the common portal, either directly
\nor through a Facilitation Centre notified by the Commissioner.
\n(2) The proper officer may, upon submission of an application in
\nFORM GST REG-13 or after filling up the said form, assign a
\nUnique Identity Number to the said person and issue a certificate in
\nFORM GST REG-06 within a period of three working days from the
\nda<\/p>\n
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\nverification code, electronically in FORM GST REG-14, along with
\nthe documents relating to such change at the common portal, either
\ndirectly or through a Facilitation Centre notified by the
\nCommissioner:
\n15
\nProvided that (a) where the change relates to,-
\n–
\n(i) legal name of business;
\n(ii) address of the principal place of business or any additional
\nplace(s) of business; or
\n(iii) addition, deletion or retirement of partners or directors,
\nKarta, Managing Committee, Board of Trustees, Chief
\nExecutive Officer or equivalent, responsible for the day to day
\naffairs of the business,-
\nwhich does not warrant cancellation of registration under
\nsection 29, the proper officer shall, after due verification,
\napprove the amendment within a period of fifteen working days.
\nfrom the date of the receipt of the application in FORM GST
\nREG-14 and issue an order in FORM GST REG-15
\nelectronically and such amendment shall take effect from the
\ndate<\/p>\n
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\n16
\n(2) Where the proper officer is of the opinion that the amendment
\nsought under sub-rule (1) is either not warranted or the documents
\nfurnished therewith are incomplete or incorrect, he may, within a
\nperiod of fifteen working days from the date of the receipt of the
\napplication in FORM GST REG-14, serve a notice in FORM GST
\nREG-03, requiring the registered person to show cause, within a
\nperiod of seven working days of the service of the said notice, as to
\nwhy the application submitted under sub-rule (1) shall not be rejected.
\n(3) The registered person shall furnish a reply to the notice to show
\ncause, issued under sub-rule (2), in FORM GST REG-04, within a
\nperiod of seven working days from the date of the service of the said
\nnotice.
\n(4) Where the reply furnished under sub-rule (3) is found to be not
\nsatisfactory or where no reply is furnished in response to the notice
\nissued under sub-rule (2) within the period prescribed in sub-rule (3),
\nthe proper offic<\/p>\n
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\n17
\ngoods held in stock and of capital goods held in stock on the date
\nfrom which the cancellation of registration is sought, liability thereon,
\nthe details of the payment, if any, made against such liability and may
\nfurnish, along with the application, relevant documents in support
\nthereof, at the common portal within a period of thirty days of the
\noccurrence of the event warranting the cancellation, either directly or
\nthrough a Facilitation Centre notified by the Commissioner:
\nProvided that no application for the cancellation of registration
\nshall be considered in case of a taxable person, who has registered
\nvoluntarily, before the expiry of a period of one year from the
\neffective date of registration.
\n21. Registration to be cancelled in certain cases.- The registration
\ngranted to a person is liable to be cancelled, if the said person,-
\n(a) does not conduct any business from the declared place of
\nbusiness; or
\n(b) issues invoice or bill without supply of goods or<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nbe, the date of the reply to the show cause issued under sub-rule (1),
\ncancel the registration, with effect from a date to be determined by
\nhim and notify the taxable person, directing him to pay arrears of any
\ntax, interest or penalty including the amount liable to be paid under
\nsub-section (5) of section 29.
\n(4) Where the reply furnished under sub-rule (2) is found to be
\nsatisfactory, the proper officer shall drop the proceedings and pass an
\norder in FORM GST REG \u201320.
\n(5) The provisions of sub-rule (3) shall, mutatis mutandis, apply to
\nthe legal heirs of a deceased proprietor, as if the application had been
\nsubmitted by the proprietor himself.
\n23. Revocation of cancellation of registration.- (1) A registered
\nperson, whose registration is cancelled by the proper officer on his
\nown motion, may submit an application for revocation of cancellation
\nof registration, in FORM GST REG-21, to such proper officer,
\nwithin a period of th<\/p>\n
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\n19
\norder in FORM GST REG-05, reject the application for revocation
\nof cancellation of registration and communicate the same to the
\napplicant.
\n(3) The proper officer shall, before passing the order referred to in
\nclause (b) of sub-rule (2), issue a notice in FORM GST REG-23
\nrequiring the applicant to show cause as to why the application
\nsubmitted for revocation under sub-rule (1) should not be rejected and
\nthe applicant shall furnish the reply within a period of seven working
\ndays from the date of the service of the notice in FORM GST REG-
\n24.
\n(4) Upon receipt of the information or clarification in FORM GST
\nREG-24, the proper officer shall proceed to dispose of the application
\nin the manner specified in sub-rule (2) within a period of thirty days
\nfrom the date of the receipt of such information or clarification from
\nthe applicant.
\n24. Migration of persons registered under the existing law.- (1) (a)
\nEvery person, other than a person ded<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nverification code, along with the information and documents specified
\nin the said application, on the common portal either directly or
\nthrough a Facilitation Centre notified by the Commissioner.
\n(b) The information asked for in clause (a) shall be furnished within a
\nperiod of three months or within such further period as may be
\nextended by the Commissioner in this behalf.
\n(c) If the information and the particulars furnished in the application
\nare found, by the proper officer, to be correct and complete, a
\ncertificate of registration in FORM GST REG-06 shall be made
\navailable to the registered person electronically on the common
\nportal.
\n(3) Where the particulars or information specified in sub-rule (2) have
\neither not been furnished or not found to be correct or complete, the
\nproper officer shall, after serving a notice to show cause in FORM
\nGST REG-27 and after affording the person concerned a reasonable
\nopportunity of being h<\/p>\n
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\ndays from the appointed day, at his option, submit an application
\nelectronically in FORM GST REG-29 at the common portal for the
\ncancellation of registration granted to him and the proper officer shall,
\nafter conducting such enquiry as deemed fit, cancel the said
\nregistration.
\n25. Physical verification of business premises in certain cases.-
\nWhere the proper officer is satisfied that the physical verification of
\nthe place of business of a registered person is required after the grant
\nof registration, he may get such verification done and the verification
\nreport along with the other documents, including photographs, shall
\nbe uploaded in FORM GST REG-30 on the common portal within a
\nperiod of fifteen working days following the date of such verification.
\n26. Method of authentication.- (1) All applications, including reply,
\nif any, to the notices, returns including the details of outward and
\ninward supplies, appeals or any other document r<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nthe Karta is absent from India or is mentally incapacitated from
\nattending to his affairs, by any other adult member of such family
\nor by the authorised signatory of such Karta;
\n(c) in the case of a company, by the chief executive officer or
\nauthorised signatory thereof;
\n(d) in the case of a Government or any Governmental agency or
\nlocal authority, by an officer authorised in this behalf;
\n(e) in the case of a firm, by any partner thereof, not being a minor
\nor authorised signatory thereof;
\n(f) in the case of any other association, by any member of the
\nassociation or persons or authorised signatory thereof;
\n(g) in the case of a trust, by the trustee or any trustee or authorised
\nsignatory thereof; or
\n(h) in the case of any other person, by some person competent to act
\non his behalf, or by a person authorised in accordance with the
\nprovisions of section 48.
\n(3) All notices, certificates and orders under the provisions of this
\nChapter shall be issued <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nboth of like kind and quality;
\nif the value is not determinable under clause (a) or clause
\n(b) or clause (c), be the sum total of consideration in money
\nand such further amount in money that is equivalent to
\nconsideration not in money as determined by the application
\nof rule 30 or rule 31 in that order.
\nIllustration:
\n(1) Where a new phone is supplied for twenty thousand rupees
\nalong with the exchange of an old phone and if the price of the
\nnew phone without exchange is twenty four thousand rupees, the
\nopen market value of the new phone is twenty four thousand
\nrupees.
\n(2) Where a laptop is supplied for forty thousand rupees along
\nwith the barter of a printer that is manufactured by the recipient
\nand the value of the printer known at the time of supply is four
\nthousand rupees but the open market value of the laptop is not
\nknown, the value of the supply of the laptop is forty four thousand
\nrupees.
\n28. Value of supply of goods or services or both between d<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nopen market value of the goods or services.
\n29. Value of supply of goods made or received through an agent.-
\nThe value of supply of goods between the principal and his agent
\nshall-
\n(a) be the open market value of the goods being supplied, or at the
\noption of the supplier, be ninety per cent. of the price charged for the
\nsupply of goods of like kind and quality by the recipient to his
\ncustomer not being a related person, where the goods are intended for
\nfurther supply by the said recipient.
\nIllustration: A principal supplies groundnut to his agent and the agent
\nis supplying groundnuts of like kind and quality in subsequent
\nsupplies at a price of five thousand rupees per quintal on the day of
\nthe supply. Another independent supplier is supplying groundnuts of
\nlike kind and quality to the said agent at the price of four thousand
\nfive hundred and fifty rupees per quintal. The value of the supply
\nmade by the principal shall be four<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nChapter:
\nProvided that in the case of supply of services, the supplier may
\nopt for this rule, ignoring rule 30.
\n32. Determination of value in respect of certain supplies.- (1)
\nNotwithstanding anything contained in the provisions of this Chapter,
\nthe value in respect of supplies specified below shall, at the option of
\nthe supplier, be determined in the manner provided hereinafter.
\n(2) The value of supply of services in relation to the purchase or sale
\nof foreign currency, including money changing, shall be determined
\nby the supplier of services in the following manner, namely:-
\n(a) for a currency, when exchanged from, or to, Indian Rupees,
\nthe value shall be equal to the difference in the buying rate or
\nthe selling rate, as the case may be, and the Reserve Bank of
\nIndia reference rate for that currency at that time, multiplied by
\nthe total units of currency:
\n26
\nProvided that in case where the Reserve Bank of India
\nreference rate for a cu<\/p>\n
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\n(ii) one thousand rupees and half of a per cent. of the gross
\namount of currency exchanged for an amount exceeding
\none lakh rupees and up to ten lakh rupees; and
\n(iii) five thousand and five hundred rupees and one tenth
\nof a per cent. of the gross amount of currency exchanged
\nfor an amount exceeding ten lakh rupees, subject to a
\nmaximum amount of sixty thousand rupees.
\n(3) The value of the supply of services in relation to booking of
\ntickets for travel by air provided by an air travel agent shall be
\ndeemed to be an amount calculated at the rate of five per cent. of the
\nbasic fare in the case of domestic bookings, and at the rate of ten per
\ncent. of the basic fare in the case of international bookings of
\npassage
\nfor travel by air.
\n27
\n–
\nExplanation. For the purposes of this sub-rule, the expression “basic
\nfare\u201d means that part of the air fare on which commission is normally
\npaid to the air travel agent by the airlines.
\n(4) The value of supply o<\/p>\n
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\ngoods, the value of supply shall be the difference between the selling
\nprice and the purchase price and where the value of such supply is
\nnegative, it shall be ignored:
\nProvided that the purchase value of goods repossessed from a
\ndefaulting borrower, who is not registered, for the purpose of
\nrecovery of a loan or debt shall be deemed to be the purchase price of
\nsuch goods by the defaulting borrower reduced by five percentage
\npoints for every quarter or part thereof, between the date of purchase
\nand the date of disposal by the person making such repossession.
\n28
\n(6) The value of a token, or a voucher, or a coupon, or a stamp (other
\nthan postage stamp) which is redeemable against a supply of goods or
\nservices or both shall be equal to the money value of the goods or
\nservices or both redeemable against such token, voucher, coupon, or
\nstamp.
\n(7) The value of taxable services provided by such class of service
\nproviders as may <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nservices he supplies on his own account.
\nExplanation. For the purposes of this rule, the expression “pure
\nagent\u201d means a person who-
\n(a) enters into a contractual agreement with the recipient of
\nsupply to act as his pure agent to incur expenditure or costs in
\nthe course of supply of goods or services or both;
\n(b) neither intends to hold nor holds any title to the goods or
\nservices or both so procured or supplied as pure agent of the
\nrecipient of supply;
\n20
\n29
\n(c) does not use for his own interest such goods or services so
\nprocured; and
\n(d) receives only the actual amount incurred to procure such
\ngoods or services in addition to the amount received for supply
\nhe provides on his own account.
\nIllustration. Corporate services firm A is engaged to handle the legal
\nwork pertaining to the incorporation of Company B. Other than its
\nservice fees, A also recovers from B, registration fee and approval fee
\nfor the name of the company paid to the Registrar of Com<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nTax amount = (Value inclusive of taxes X tax rate in % of IGST or,
\nas the case may be, CGST, SGST or UTGST) \u00c3\u00b7 (100+ sum of tax
\nrates, as applicable, in %).
\nExplanation. For the purposes of the provisions of this Chapter, the
\nexpressions-
\n30
\n(a) \u201copen market value\u201d of a supply of goods or services or both
\nmeans the full value in money, excluding the integrated tax,
\ncentral tax, State tax, Union territory tax and the cess payable by a
\nperson in a transaction, where the supplier and the recipient of the
\nsupply are not related and the price is the sole consideration, to
\nobtain such supply at the same time when the supply being valued
\nis made;
\n(b) “supply of goods or services or both of like kind and quality”
\nmeans any other supply of goods or services or both made under
\nsimilar circumstances that, in respect of the characteristics, quality,
\nquantity, functional components, materials, and the reputation of
\nthe goods or services or both first mentioned, is the same as, or<\/p>\n
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\nrule (1) of rule 54.
\n(2) Input tax credit shall be availed by a registered person only if
\nall the applicable particulars as specified in Chapter VI are
\ncontained in the said document, and the relevant information,
\nas contained in the said document, is furnished in FORM
\nGSTR-2 by such person.
\n(3) No input tax credit shall be availed by a registered person in
\nrespect of any tax that has been paid in pursuance of any
\norder where any demand has been confirmed on account of
\nany fraud, willful misstatement or suppression of facts.
\n37. Reversal of input tax credit in the case of non-payment of
\nconsideration.-(1) A registered person, who has availed of input tax
\ncredit on any inward supply of goods or services or both, but fails to
\npay to the supplier thereof, the value of such supply along with the tax
\npayable thereon, within the time limit specified in the second proviso
\nto sub-section (2) of section 16, shall furnish the details of such
\nsupply, the amount of value no<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\napply to a claim for re-availing of any credit, in accordance with the
\nprovisions of the Act or the provisions of this Chapter that had been
\nreversed earlier.
\n38. Claim of credit by a banking company or a financial
\ninstitution.- A banking company or a financial institution, including a
\nnon-banking financial company, engaged in the supply of services by
\nway of accepting deposits or extending loans or advances that chooses
\nnot to comply with the provisions of sub-section (2) of section 17, in
\naccordance with the option permitted under sub-section (4) of that
\nsection, shall follow the following procedure, namely,-
\n(a) the said company or institution shall not avail the credit of,-
\n(i) the tax paid on inputs and input services that are used for
\nnon-business purposes; and
\n(ii) the credit attributable to the supplies specified in sub-
\nsection (5) of section 17, in FORM GSTR-2;
\n(b) the said company or institution shall avail the credit of tax paid
\non inputs and input services referred to<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nof ineligible input tax credit (ineligible under the
\nprovisions of sub-section (5) of section 17 or otherwise)
\nand the amount of eligible input tax credit;
\n(c) the input tax credit on account of central tax, state tax,
\nunion territory tax and integrated tax shall be distributed
\nseparately in accordance with the provisions of clause (d);
\n(d) the input tax credit that is required to be distributed in
\naccordance with the provisions of clause (d) and (e) of sub-
\nsection (2) of section 20 to one of the recipients \u2018R\u00e2\u201a\u0081',
\nwhether registered or not, from amongst the total of all the
\nrecipients to whom input tax credit is attributable,
\nincluding the recipient(s) who are engaged in making
\nexempt supply, or are otherwise not registered for any
\nreason, shall be the amount, “C\u00e2\u201a\u0081”, to be calculated by
\napplying the following formula –
\nC\u00e2\u201a\u0081 = (t\u00e2\u201a\u0081\u00c3\u00b7T) \u00c3\u2014 C
\n34
\nwhere,
\n“C” is the amount of credit to be distributed,
\n“t” is the turnover, as referred to in s<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nin accordance with clause (d);
\n(g) the Input Service Distributor shall issue an Input Service
\nDistributor invoice, as prescribed in sub-rule (1) of rule 54,
\nclearly indicating in such invoice that it is issued only for
\ndistribution of input tax credit;
\n35
\n(h) the Input Service Distributor shall issue an Input Service
\nDistributor credit note, as prescribed in sub-rule (1) of rule 54, for
\nreduction of credit in case the input tax credit already distributed
\ngets reduced for any reason;
\n(i) any additional amount of input tax credit on account of
\nissuance of a debit note to an Input Service Distributor by the
\nsupplier shall be distributed in the manner and subject to the
\nconditions specified in clauses (a) to (f) and the amount
\nattributable to any recipient shall be calculated in the manner
\nprovided in clause (d) and such credit shall be distributed in the
\nmonth in which the debit note is included in the return in FORM
\nGSTR-6;
\n(j) any input ta<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n36
\n(3) Subject to sub-rule (2), the Input Service Distributor shall, on the
\nbasis of the Input Service Distributor credit note specified in clause
\n(h) of sub-rule (1), issue an Input Service Distributor invoice to the
\nrecipient entitled to such credit and include the Input Service
\nDistributor credit note and the Input Service Distributor invoice in the
\nreturn in FORM GSTR-6 for the month in which such credit note
\nand invoice was issued.
\n40. Manner of claiming credit in special circumstances.- (1) The
\ninput tax credit claimed in accordance with the provisions of sub-
\nsection (1) of section 18 on the inputs held in stock or inputs
\ncontained in semi-finished or finished goods held in stock, or the
\ncredit claimed on capital goods in accordance with the provisions of
\nclauses (c) and (d) of the said sub-section, shall be subject to the
\nfollowing conditions, namely,-
\n(a) the input tax credit on capital goods, in terms of clauses (c)
\nand (d) of sub-section (1) of section 18, shall be claimed<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\ngrant of registration, in the case of a claim under clause (b)
\nof sub-section (1) of section 18;
\n(iii) on the day immediately preceding the date from
\nwhich he becomes liable to pay tax under section 9, in the
\ncase of a claim under clause (c) of sub-section (1) of
\nsection 18;
\n(iv) on the day immediately preceding the date from
\nwhich the supplies made by the registered person becomes
\ntaxable, in the case of a claim under clause (d) of sub-
\nsection (1) of section 18;
\n(d) the details furnished in the declaration under clause (b) shall
\nbe duly certified by a practicing chartered accountant or a cost
\naccountant if the aggregate value of the claim on account of
\ncentral tax, State tax, Union territory tax and integrated tax
\nexceeds two lakh rupees;
\n(e) the input tax credit claimed in accordance with the
\nprovisions of clauses (c) and (d) of sub-section (1) of section 18
\nshall be verified with the corresponding details furnished by the
\ncorresponding supplier in FORM GS<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nspecified in the demerger scheme.
\n(2) The transferor shall also submit a copy of a certificate issued by a
\npracticing chartered accountant or cost accountant certifying that the
\nsale, merger, de-merger, amalgamation, lease or transfer of business
\nhas been done with a specific provision for the transfer of liabilities.
\n(3) The transferee shall, on the common portal, accept the details so
\nfurnished by the transferor and, upon such acceptance, the un-utilized
\ncredit specified in FORM GST ITC-02 shall be credited to his
\nelectronic credit ledger.
\n(4) The inputs and capital goods so transferred shall be duly
\naccounted for by the transferee in his books of account.
\n42. Manner of determination of input tax credit in respect of
\ninputs or input services and reversal thereof.- (1) The input tax
\ncredit in respect of inputs or input services, which attract the
\nprovisions of sub-section (1) or sub-section (2) of section 17, being
\npartly used f<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nledger of registered person, be denoted as 'C\u00e2\u201a\u0081' and calculated as-
\nC\u00e2\u201a\u0081 = T- (T\u00e2\u201a\u0081+T2+T3);
\n(f) the amount of input tax credit attributable to inputs and input
\nservices intended to be used exclusively for effecting supplies
\nother than exempted but including zero rated supplies, be
\ndenoted as 'T\u00e2\u201a\u0081';
\n(g) 'T\u00e2\u201a\u0081', 'T\u00e2\u201a\u201a', 'T3' and 'T4' shall be determined and declared by
\nthe registered person at the invoice level in FORM GSTR-2;
\n(h) input tax credit left after attribution of input tax credit under
\nclause (g) shall be called common credit, be denoted as 'C\u00e2\u201a\u201a' and
\ncalculated as-
\nC2=C\u00e2\u201a\u0081- T4;
\n40
\n(i) the amount of input tax credit attributable towards exempt
\nsupplies, be denoted as 'D\u00e2\u201a\u0081' and calculated as-
\nwhere,
\nD\u00e2\u201a\u0081= (E\u00c3\u00b7F) \u00c3\u2014 C\u00e2\u201a\u201a
\n'E' is the aggregate value of exempt supplies during the tax
\nperiod, and
\n'F' is the total turnover in the State of the registered person
\nduring the tax period:
\nProvided that where the registered pe<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nshall be equal to five per cent. of C2; and
\n41
\n(k) the remainder of the common credit shall be the eligible
\ninput tax credit attributed to the purposes of business and for
\neffecting supplies other than exempted supplies but including
\nzero rated supplies and shall be denoted as 'C3', where,-
\nC3=C\u00e2\u201a\u201a- (D1+D2);
\n(1) the amount \u2018C3' shall be computed separately for input tax
\ncredit of central tax, State tax, Union territory tax and integrated
\ntax;
\n(m) the amount equal to aggregate of '\u2018D\u00e2\u201a\u0081' and \u2018D\u00e2\u201a\u201a' shall be
\nadded to the output tax liability of the registered person:
\nProvided that where the amount of input tax relating to inputs or
\ninput services used partly for the purposes other than business
\nand partly for effecting exempt supplies has been identified and
\nsegregated at the invoice level by the registered person, the
\nsame shall be included in \u2018T\u00e2\u201a\u0081' and 'T2' respectively, and the
\nremaining amount of credit on such <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(b) where the aggregate of the amounts determined under sub-rule (1)
\nin respect of 'D' and '\u2018D\u00e2\u201a\u201a' exceeds the aggregate of the amounts
\ncalculated finally in respect of \u2018D\u00e2\u201a\u0081' and 'D\u00e2\u201a\u201a', such excess amount
\nshall be claimed as credit by the registered person in his return for a
\nmonth not later than the month of September following the end of the
\nfinancial year to which such credit relates.
\n43. Manner of determination of input tax credit in respect of
\ncapital goods and reversal thereof in certain cases.- (1) Subject to
\nthe provisions of sub-section (3) of section 16, the input tax credit in
\nrespect of capital goods, which attract the provisions of sub-sections
\n(1) and (2) of section 17, being partly used for the purposes of
\nbusiness and partly for other purposes, or partly used for effecting
\ntaxable supplies including zero rated supplies and partly for effecting
\nexempt supplies, shall be attributed to the purposes of business or for
\neffecting taxable<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n'A' shall be arrived at by reducing the input tax at the rate of five
\npercentage points for every quarter or part thereof and the amount
\n'A' shall be credited to the electronic credit ledger;
\nExplanation. An item of capital goods declared under clause (a)
\non its receipt shall not attract the provisions of sub-section (4) of
\nsection 18, if it is subsequently covered under this clause.
\n(d) the aggregate of the amounts of 'A' credited to the electronic
\ncredit ledger under clause (c), to be denoted as 'To', shall be the
\ncommon credit in respect of capital goods for a tax period:
\nProvided that where any capital goods earlier covered under
\nclause (b) is subsequently covered under clause (c), the value of
\n'A' arrived at by reducing the input tax at the rate of five
\npercentage points for every quarter or part thereof shall be added
\nto the aggregate value 'T';
\n(e) the amount of input tax credit attributable to a tax period on
\ncommon capital goods during their useful life, be denoted as 'Tm'
\na<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nthe aggregate value of exempt supplies and the total turnover shall
\nexclude the amount of any duty or tax levied under entry 84 of List I
\nof the Seventh Schedule to the Constitution of India as applicable to
\nState of Jammu and Kashmir and the J&K General Sales Tax Act,
\n1962, the J&K Motor Sprit Diesel and Oil Taxation Act, 1948, the
\nJ&K Excise Act, 1958 or any other Act which may be notified by the
\nGovernment from time to time.
\n\u00d0\u00b5
\n(h) the amount Te along with the applicable interest shall, during
\nevery tax period of the useful life of the concerned capital goods, be
\nadded to the output tax liability of the person making such claim of
\ncredit.
\n(2) The amount Te shall be computed separately for central tax, State
\ntax, Union territory tax and integrated tax.
\n44. Manner of reversal of credit under special circumstances.- (1)
\nThe amount of input tax credit relating to inputs held in stock, inputs
\ncontained in semi-finished and finished goods held in stock, and
\ncapital go<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\ntax and integrated tax.
\n(3) Where the tax invoices related to the inputs held in stock are not
\navailable, the registered person shall estimate the amount under sub-
\nrule (1) based on the prevailing market price of the goods on the
\neffective date of the occurrence of any of the events specified in sub-
\nsection (4) of section 18 or, as the case may be, sub-section (5) of
\nsection 29.
\n(4) The amount determined under sub-rule (1) shall form part of the
\noutput tax liability of the registered person and the details of the
\namount shall be furnished in FORM GST ITC-03, where such
\namount relates to any event specified in sub-section (4) of section 18
\nand in FORM GSTR-10, where such amount relates to the
\ncancellation of registration.
\n46
\n(5) The details furnished in accordance with sub-rule (3) shall be
\nduly certified by a practicing chartered accountant or cost accountant.
\n(6) The amount of input tax credit for the purposes of sub-section (6)
\nof secti<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nanother during a quarter shall be included in FORM GST ITC-04
\nfurnished for that period on or before the twenty-fifth day of the
\nmonth succeeding the said quarter.
\n(4) Where the inputs or capital goods are not returned to the principal
\nwithin the time stipulated in section 143, it shall be deemed that such
\ninputs or capital goods had been supplied by the principal to the job
\nworker on the day when the said inputs or capital goods were sent out
\n47
\nand the said supply shall be declared in FORM GSTR-1 and the
\nprincipal shall be liable to pay the tax along with applicable interest.
\nExplanation. For the purposes of this Chapter,-
\n(1) the expressions “capital goods” shall include \u201cplant and
\nmachinery” as defined in the Explanation to section 17;
\n(2) for determining the value of an exempt supply as referred to
\nin sub-section (3) of section 17-
\n(a) the value of land and building shall be taken as the same as
\nadopted for the purpose of paying stamp duty; and
\n(b) th<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\ntaxable supply is fifty thousand rupees or more;
\nname and address of the recipient and the address of
\ndelivery, along with the name of the State and its code, if
\nsuch recipient is un-registered and where the value of the
\ntaxable supply is less than fifty thousand rupees and the
\nrecipient requests that such details be recorded in the tax
\ninvoice;
\nHarmonised System of Nomenclature code for goods or
\nservices;
\ndescription of goods or services;
\nquantity in case of goods and unit or Unique Quantity
\nCode thereof;
\ntotal value of supply of goods or services or both;
\ntaxable value of the supply of goods or services or both
\ntaking into account discount or abatement, if any;
\nrate of tax (central tax, State tax, integrated tax, Union.
\nterritory tax or cess);
\namount of tax charged in respect of taxable goods or
\nservices (central tax, State tax, integrated tax, Union
\nterritory tax or cess);
\nplace of supply along with the name of the State, in the
\ncase of a supply in the cour<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nthe aggregate value of such supplies exceeds rupees five
\nthousand in a day from any or all the suppliers:
\nProvided also that in the case of the export of goods or
\nservices, the invoice shall carry an endorsement “SUPPLY
\nMEANT FOR EXPORT ON PAYMENT OF INTEGRATED
\nTAX” or “SUPPLY MEANT FOR EXPORT UNDER BOND
\nOR LETTER OF UNDERTAKING WITHOUT PAYMENT OF
\nINTEGRATED TAX”, as the case may be, and shall, in lieu of
\nthe details specified in clause (e), contain the following details,
\nnamely,-
\n(i) name and address of the recipient;
\n(ii) address of delivery; and
\n(iii) name of the country of destination:
\nProvided also that a registered person may not issue a tax
\ninvoice in accordance with the provisions of clause (b) of sub-section
\n(3) of section 31 subject to the following conditions, namely,-
\n(a)
\n(b)
\nthe recipient is not a registered person; and
\nthe recipient does not require such invoice, and
\nshall issue a consolidated tax invoice for such supplies at the
\nclose of each day i<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nexpiry of the quarter during which the supply was made.
\n48. Manner of issuing invoice.- (1) The invoice shall be prepared in
\ntriplicate, in the case of supply of goods, in the following
\nmanner, namely,-
\n(2)
\n(a) the original copy being marked as ORIGINAL FOR
\n(b)
\n(c)
\nRECIPIENT;
\nthe duplicate copy being marked as DUPLICATE
\nFOR TRANSPORTER; and
\nthe triplicate copy being marked as TRIPLICATE
\nFOR SUPPLIER.
\nThe invoice shall be prepared in duplicate, in the case of the
\nsupply of services, in the following manner, namely,-
\n(a) the original copy being marked as ORIGINAL FOR
\nRECIPIENT; and
\n(b) the duplicate copy being marked as DUPLICATE FOR
\nSUPPLIER.
\n51
\n(3)
\nThe serial number of invoices issued during a tax period shall be
\nfurnished electronically through the common portal in FORM
\nGSTR-1.
\n49. Bill of supply.- A bill of supply referred to in clause (c) of sub-
\nsection (3) of section 31 shall be issued by the supplier
\ncontaining the following details, namely,-
\n(a) name, address and <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n52
\n62
\nrespect of any non-taxable supply shall be treated as a bill of supply
\nfor the purposes of the Act.
\n50. Receipt voucher.- A receipt voucher referred to in clause (d) of
\nsub-section (3) of section 31 shall contain the following particulars,
\nnamely,-
\n(a)
\n(b)
\n(c)
\n(d)
\nname, address and Goods and Services Tax Identification
\nNumber of the supplier;
\na consecutive serial number not exceeding sixteen
\ncharacters, in one or multiple series, containing alphabets
\nor numerals or special characters-hyphen or dash and
\nslash symbolised as \u201c-\u201d and \u201c\/” respectively, and any
\ncombination thereof, unique for a financial year;
\ndate of its issue;
\n6699
\nname, address and Goods and Services Tax Identification
\nNumber or Unique Identity Number, if registered, of the
\nrecipient;
\ndescription of goods or services;
\n(e)
\n(f)
\namount of advance taken;
\n(g)
\n(h)
\n(i)
\nrate of tax (central tax, State tax, integrated tax, Union
\nterritory tax or cess);
\namount of tax charged in resp<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nor numerals or special characters-hyphen or dash and
\nslash symbolised as \u201c-\u201d and \u201c\/\u201d respectively, and any
\ncombination thereof, unique for a financial year;
\ndate of its issue;
\nname, address and Goods and Services Tax Identification
\nNumber or Unique Identity Number, if registered, of the
\nrecipient;
\nnumber and date of receipt voucher issued in accordance
\nwith the provisions of rule 50;
\ndescription of goods or services in respect of which refund
\nis made;
\namount of refund made;
\nrate of tax (central tax, State tax, integrated tax, Union
\nterritory tax or cess);
\namount of tax paid in respect of such goods or services
\n(central tax, State tax, integrated tax, Union territory tax
\nor cess);
\nwhether the tax is payable on reverse charge basis; and
\n54
\n(k) signature or digital signature of the supplier or his
\nauthorised representative.
\n52. Payment voucher.- A payment voucher referred to in clause (g)
\nof sub-section (3) of section 31 shall contain the following particul<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n55
\n53. Revised tax invoice and credit or debit notes.- (1) A revised tax
\ninvoice referred to in section 31 and credit or debit notes referred to in
\nsection 34 shall contain the following particulars, namely:-
\n(a) the word “Revised Invoice”, wherever applicable,
\nindicated prominently;
\n(b)
\n(c)
\n(d)
\n(e)
\n(f)
\n(g)
\nname, address and Goods and Services Tax Identification
\nNumber of the supplier;
\nnature of the document;
\na consecutive serial number not exceeding sixteen
\ncharacters, in one or multiple series, containing alphabets
\nor numerals or special characters-hyphen or dash and slash
\nsymbolised as and “\/” respectively, and any
\n6699
\ncombination thereof, unique for a financial year;
\ndate of issue of the document;
\nname, address and Goods and Services Tax Identification
\nNumber or Unique Identity Number, if registered, of the
\nrecipient;
\nname and address of the recipient and the address of
\ndelivery, along with the name of State and its code, if such
\nrecipient is un-registered;
\n(h) <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nrupees, a consolidated revised invoice may be issued separately in
\nrespect of all the recipients located in a State, who are not registered
\nunder the Act.
\n(3)
\nAny invoice or debit note issued in pursuance of any tax payable
\nin accordance with the provisions of section 74 or section 129 or
\nsection 130 shall prominently contain the words “INPUT TAX
\nCREDIT NOT ADMISSIBLE\u201d.
\n54. Tax invoice in special cases.- (1) An Input Service Distributor
\ninvoice or, as the case may be, an Input Service Distributor credit note
\nissued by an Input Service Distributor shall contain the following
\ndetails:-
\n(a)
\n(b)
\n(c)
\n(d)
\n(e)
\n(f)
\nname, address and Goods and Services Tax Identification
\nNumber of the Input Service Distributor;
\na consecutive serial number not exceeding sixteen
\ncharacters, in one or multiple series, containing alphabets
\nor numerals or special characters- hyphen or dash and
\nslash symbolised as- “-“, “\/” respectively, and any
\ncombination thereof, unique for a financial y<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nof taxable service but containing other information as mentioned
\nunder rule 46.
\n(3)
\nWhere the supplier of taxable service is a goods transport
\nagency supplying services in relation to transportation of goods by
\nroad in a goods carriage, the said supplier shall issue a tax invoice or
\nany other document in lieu thereof, by whatever name called,
\ncontaining the gross weight of the consignment, name of the
\nconsigner and the consignee, registration number of goods carriage in
\nwhich the goods are transported, details of goods transported, details
\nof place of origin and destination, Goods and Services Tax
\nIdentification Number of the person liable for paying tax whether as
\nconsigner, consignee or goods transport agency, and also containing
\nother information as mentioned under rule 46.
\n(4)
\nWhere the supplier of taxable service is supplying passenger
\ntransportation service, a tax invoice shall include ticket in any form,
\nby whatever name called, whether or not serially numbered, and\n<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nNumber of the consigner, if registered;
\n(iii)
\n(iv)
\n(v)
\n(vi)
\nname, address and Goods and Services Tax Identification
\nNumber or Unique Identity Number of the consignee, if
\nregistered;
\nHarmonised System of Nomenclature code and description
\nof goods;
\nquantity (provisional, where the exact quantity being
\nsupplied is not known);
\ntaxable value;
\n(vii) tax rate and tax amount – central tax, State tax, integrated
\ntax, Union territory tax or cess, where the transportation is
\nfor supply to the consignee;
\n(viii) place of supply, in case of inter-State movement; and
\n(ix) signature.
\nThe delivery challan shall be prepared in triplicate, in case of
\nsupply of goods, in the following manner, namely:-
\n(a) the original copy being marked as ORIGINAL FOR
\nCONSIGNEE;
\n59
\n(3)
\n(4)
\n(5)
\n(b) the duplicate copy being marked as DUPLICATE FOR
\nTRANSPORTER; and
\n(c) the triplicate copy being marked as TRIPLICATE FOR
\nCONSIGNER.
\nWhere goods are being transported on a delivery challan in lieu
\nof invoice, the<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\ncorrect account of the goods or services imported or exported or of
\nsupplies attracting payment of tax on reverse charge along with the
\nrelevant documents, including invoices, bills of supply, delivery
\n60
\n60
\nchallans, credit notes, debit notes, receipt vouchers, payment vouchers
\nand refund vouchers.
\n(2) Every registered person, other than a person paying tax under
\nsection 10, shall maintain the accounts of stock in respect of goods
\nreceived and supplied by him, and such accounts shall contain
\nparticulars of the opening balance, receipt, supply, goods lost, stolen,
\ndestroyed, written off or disposed of by way of gift or free sample and
\nthe balance of stock including raw materials, finished goods, scrap
\nand wastage thereof.
\n(3) Every registered person shall keep and maintain a separate
\naccount of advances received, paid and adjustments made thereto.
\n(4) Every registered person, other than a person paying tax under
\nsection 10, sh<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\ndocuments, the proper officer shall determine the amount of tax
\n61
\npayable on such goods as if such goods have been supplied by the
\nregistered person.
\n(7) Every registered person shall keep the books of account at the
\nprincipal place of business and books of account relating to additional
\nplace of business mentioned in his certificate of registration and such
\nbooks of account shall include any electronic form of data stored on
\nany electronic device.
\n(8) Any entry in registers, accounts and documents shall not be
\nerased, effaced or overwritten, and all incorrect entries, otherwise
\nthan those of clerical nature, shall be scored out under attestation and
\nthereafter, the correct entry shall be recorded and where the registers
\nand other documents are maintained electronically, a log of every
\nentry edited or deleted shall be maintained.
\n(9) Each volume of books of account maintained manually by the
\nregistered person shall be serially numbered.
\n(10) Unless proved otherwise, if any docu<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nmaterials or services used in the manufacture and quantitative details
\nof the goods so manufactured including the waste and by products
\nthereof.
\n(13) Every registered person supplying services shall maintain the
\naccounts showing quantitative details of goods used in the provision
\nof services, details of input services utilised and the services supplied.
\n(14) Every registered person executing works contract shall keep
\nseparate accounts for works contract showing –
\n(a) the names and addresses of the persons on whose behalf the
\nworks contract is executed;
\n(b)
\n(c)
\n(d)
\ndescription, value and quantity (wherever applicable) of
\ngoods or services received for the execution of works contract;
\ndescription, value and quantity (wherever applicable) of
\ngoods or services utilized in the execution of works contract;
\nthe details of payment received in respect of each works
\ncontract; and
\n(e) the names and addresses of suppliers from whom he received
\ngoods o<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nbehalf of such registered person and shall produce the details thereof
\nas and when required by the proper officer.
\n(18) Every registered person shall, on demand, produce the books of
\naccounts which he is required to maintain under any law for the time
\nbeing in force.
\n57. Generation and maintenance of electronic records.- (1) Proper
\nelectronic back-up of records shall be maintained and preserved in
\nsuch manner that, in the event of destruction of such records due to
\naccidents or natural causes, the information can be restored within a
\nreasonable period of time.
\n(2) The registered person maintaining electronic records shall
\nproduce, on demand, the relevant records or documents, duly
\nauthenticated by him, in hard copy or in any electronically readable
\nformat.
\n(3) Where the accounts and records are stored electronically by any
\nregistered person, he shall, on demand, provide the details of such
\nfiles, passwords of such files and explanation for codes used, where
\nnecessary, for acc<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nFacilitation Centre notified by the Commissioner.
\n(4) Subject to the provisions of rule 56,-
\n(a) any person engaged in the business of transporting goods
\nshall maintain records of goods transported, delivered and goods
\nstored in transit by him alongwith the Goods and Services Tax
\nIdentification Number of the registered consigner and consignee
\nfor each of his branches.
\n(b) every owner or operator of a warehouse or godown shall
\nmaintain books of accounts with respect to the period for which
\nparticular goods remain in the warehouse, including the
\nparticulars relating to dispatch, movement, receipt and disposal
\nof such goods.
\n(5) The owner or the operator of the godown shall store the goods in
\nsuch manner that they can be identified item-wise and owner-wise
\nand shall facilitate any physical verification or inspection by the
\nproper officer on demand.
\n65
\n55
\nChapter VIII
\nRETURNS
\n59. Form and manner of furnishing details of outward<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\ninvoices issued previously.
\n(3) The details of outward supplies furnished by the supplier shall
\nbe made available electronically to the concerned registered persons
\n(recipients) in Part A of FORM GSTR-2A, in FORM GSTR-4A and
\nin FORM GSTR-6A through the common portal after the due date of
\nfiling of FORM GSTR-1.
\n66
\n99
\n(4) The details of inward supplies added, corrected or deleted by the
\nrecipient in his FORM GSTR-2 under section 38 or FORM GSTR-4
\nor FORM GSTR-6 under section 39 shall be made available to the
\nsupplier electronically in FORM GSTR-1A through the common
\nportal and such supplier may either accept or reject the modifications
\nmade by the recipient and FORM GSTR-1 furnished earlier by the
\nsupplier shall stand amended to the extent of modifications accepted
\nby him.
\n60. Form and manner of furnishing details of inward supplies.-
\n(1) Every registered person, other than a person referred to in
\nsection 14 of the Integrated Goods a<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\ninput tax credit on inward supplies which is relatable to non-taxable
\nsupplies or for purposes other than business and cannot be determined
\nat the invoice level in FORM GSTR-2.
\n(4A) The details of invoices furnished by an non-resident taxable
\nperson in his return in FORM GSTR-5 under rule 63 shall be made
\navailable to the recipient of credit in Part A of FORM GSTR 2A
\n67
\nelectronically through the common portal and the said recipient may
\ninclude the same in FORM GSTR-2.
\n(5) The details of invoices furnished by an Input Service Distributor
\nin his return in FORM GSTR-6 under rule 65 shall be made available
\nto the recipient of credit in Part B of FORM GSTR 2A electronically
\nthrough the common portal and the said recipient may include the
\nsame in FORM GSTR-2.
\n(6) The details of tax deducted at source furnished by the deductor
\nunder sub-section (3) of section 39 in FORM GSTR-7 shall be made
\navailable to the deductee in Part C of FORM GSTR-2A
\ne<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nunder section 52 shall furnish a return specified under sub-section (1)
\nof section 39 in FORM GSTR-3 electronically through the common
\nportal either directly or through a Facilitation Centre notified by the
\nCommissioner.
\n(2) Part A of the return under sub-rule (1) shall be electronically
\ngenerated on the basis of information furnished through FORM
\nGSTR-1, FORM GSTR-2 and based on other liabilities of preceding
\ntax periods.
\n(3) Every registered person furnishing the return under sub-rule (1)
\nshall, subject to the provisions of section 49, discharge his liability
\ntowards tax, interest, penalty, fees or any other amount payable under
\nthe Act or the provisions of this Chapter by debiting the electronic
\ncash ledger or electronic credit ledger and include the details in Part B
\nof the return in FORM GSTR-3.
\n(4) A registered person, claiming refund of any balance in the
\nelectronic cash ledger in accordance with the provisions of sub-
\nsection (6) of <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nother amount payable under the Act or the provisions of this Chapter
\nby debiting the electronic cash ledger.
\n(3) The return furnished under sub-rule (1) shall include the –
\n(a) invoice wise inter-State and intra-State inward supplies
\nreceived from registered and un-registered persons; and
\n(b) consolidated details of outward supplies made.
\n(4) A registered person who has opted to pay tax under section 10
\nfrom the beginning of a financial year shall, where required, furnish
\nthe details of outward and inward supplies and return under rule 59,
\nrule 60 and rule 61 relating to the period during which the person was
\nliable to furnish such details and returns till the due date of furnishing
\nthe return for the month of September of the succeeding financial year
\nor furnishing of annual return of the preceding financial year,
\nwhichever is earlier.
\nExplanation. For the purpose of this sub-rule, it is hereby declared
\nthat the person shall not<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nfees or any other amount payable under the Act or the provisions of
\nthis Chapter within twenty days after the end of a tax period or within
\nseven days after the last day of the validity period of registration,
\nwhichever is earlier.
\n64. Form and manner of submission of return by persons
\nproviding online information and database access or retrieval
\nservices. Every registered person providing online information and
\ndata base access or retrieval services from a place outside India to a
\nperson in India other than a registered person shall file return in
\nFORM GSTR-5A on or before the twentieth day of the month
\nsucceeding the calendar month or part thereof.
\n65. Form and manner of submission of return by an Input
\nService Distributor.- Every Input Service Distributor shall, on the
\nbasis of details contained in FORM GSTR-6A, and where required,
\nafter adding, correcting or deleting the details, furnish electronically
\nthe return in FORM GSTR-6, containin<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nGSTR-7A.
\n67. Form and manner of submission of statement of supplies
\nthrough an e-commerce operator.- (1) Every electronic commerce
\noperator required to collect tax at source under section 52 shall
\nfurnish a statement in FORM GSTR-8 electronically on the common
\nportal, either directly or from a Facilitation Centre notified by the
\nCommissioner, containing details of supplies effected through such
\noperator and the amount of tax collected as required under sub-section
\n(1) of section 52.
\n(2) The details furnished by the operator under sub-rule (1) shall be
\nmade available electronically to each of the suppliers in Part C of
\nFORM GSTR-2A on the common portal after the due date of filing
\nof FORM GSTR-8.
\n68. Notice to non-filers of returns.- A notice in FORM GSTR-3A
\nshall be issued, electronically, to a registered person who fails to
\nfurnish return under section 39 or section 44 or section 45 or section
\n52.
\n72
\n69. Matching of claim of input tax credit .- The following details
\nrelating <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nnotes in FORM GSTR-2 that were accepted by the recipient on
\nthe basis of FORM GSTR-2A without amendment shall be
\ntreated as matched if the corresponding supplier has furnished a
\nvalid return;
\n(ii) The claim of input tax credit shall be considered as matched
\nwhere the amount of input tax credit claimed is equal to or less
\nthan the output tax paid on such tax invoice or debit note by the
\ncorresponding supplier.
\n73
\n70. Final acceptance of input tax credit and communication
\nthereof.- (1) The final acceptance of claim of input tax credit in
\nrespect of any tax period, specified in sub-section (2) of section 42,
\nshall be made available electronically to the registered person making
\nsuch claim in FORM GST MIS-1 through the common portal.
\n(2) The claim of input tax credit in respect of any tax period which
\nhad been communicated as mismatched but is found to be matched
\nafter rectification by the supplier or recipient shall be finally accepted
\nand made available electronically to the p<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\ninward supplies to be furnished for the month in which the
\ndiscrepancy is made available.
\n(4) Where the discrepancy is not rectified under sub-rule (2) or sub-
\nrule (3), an amount to the extent of discrepancy shall be added to the
\noutput tax liability of the recipient in his return to be furnished in
\n74
\nFORM GSTR-3 for the month succeeding the month in which the
\ndiscrepancy is made available.
\nExplanation.- For the purpose of this rule, it is hereby declared that –
\n(i) Rectification by a supplier means adding or correcting the details
\nof an outward supply in his valid return so as to match the details
\nof corresponding inward supply declared by the recipient;
\n(ii) Rectification by the recipient means deleting or correcting the
\ndetails of an inward supply so as to match the details of
\ncorresponding outward supply declared by the supplier.
\n–
\n72. Claim of input tax credit on the same invoice more than
\nonce. Duplication of claims<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\ndate as may be specified therein.
\nExplanation.- For the purpose of this rule, it is hereby declared that \u2013
\n–
\n(i) The claim of reduction in output tax liability due to issuance of
\ncredit notes in FORM GSTR-1 that were accepted by the
\ncorresponding recipient in FORM GSTR-2 without amendment
\nshall be treated as matched if the said recipient has furnished a
\nvalid return.
\n(ii) The claim of reduction in the output tax liability shall be
\nconsidered as matched where the amount of output tax liability
\nafter taking into account the reduction claimed is equal to
\nor more than the claim of input tax credit after taking into
\naccount the reduction admitted and discharged on such credit
\nnote by the corresponding recipient in his valid return.
\n74. Final acceptance of reduction in output tax liability and
\ncommunication thereof.-
\n(1) The final acceptance of claim of reduction in output tax liability
\nin respect of any tax period, specified in sub-section (2) of section 43,
\ns<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nmonth in which the matching has been carried out.
\n(2) A supplier to whom any discrepancy is made available under
\nsub-rule (1) may make suitable rectifications in the statement of
\noutward supplies to be furnished for the month in which the
\ndiscrepancy is made available.
\n(3) A recipient to whom any discrepancy is made available under
\nsub-rule (1) may make suitable rectifications in the statement of
\ninward supplies to be furnished for the month in which the
\ndiscrepancy is made available.
\n(4) Where the discrepancy is not rectified under sub-rule (2) or sub-
\nrule (3), an amount to the extent of discrepancy shall be added to the
\noutput tax liability of the supplier and debited to the electronic
\nliability register and also shown in his return in FORM GSTR-3 for
\nthe month succeeding the month in which the discrepancy is made
\navailable.
\nExplanation. For the purpose of this rule, it is hereby declared that \u2013
\n(i) Rectification by a supplier means <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nmay claim refund of the amount under section 54.
\n78. Matching of details furnished by the e-Commerce operator
\nwith the details furnished by the supplier.- The following details
\nrelating to the supplies made through an e-Commerce operator, as
\ndeclared in FORM GSTR-8, shall be matched with the
\ncorresponding details declared by the supplier in FORM GSTR-1-
\n(a) State of place of supply; and
\n(b) net taxable value:
\nProvided that where the time limit for furnishing FORM
\nGSTR-1 under section 37 has been extended, the date of matching of
\nthe above mentioned details shall be extended accordingly.
\nProvided further that the Commissioner may,
\non the
\nrecommendations of the Council, by order, extend the date of
\nmatching to such date as may be specified therein.
\n78
\n79. Communication and rectification of discrepancy in details
\nfurnished by the e-commerce operator and the supplier.-
\n(1) Any discrepancy in the details furnished by the operator and
\nthose declared by the supplier s<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\ninterest payable thereon shall be made available to the supplier
\nelectronically on the common portal in FORM GST MIS-3.
\n80. Annual return.- (1) Every registered person, other than an
\nInput Service Distributor, a person paying tax under section 51 or
\nsection 52, a casual taxable person and a non-resident taxable person,
\nshall furnish an annual return as specified under sub-section (1) of
\nsection 44 electronically in FORM GSTR-9 through the common
\nportal either directly or through a Facilitation Centre notified by the
\nCommissioner:
\nProvided that a person paying tax under section 10 shall furnish
\nthe annual return in FORM GSTR-9A.
\n(1)
\nEvery electronic commerce operator required to collect tax at
\nsource under section 52 shall furnish annual statement referred to in
\nsub-section (5) of the said section in FORM GSTR-9B.
\n79
\n(2) Every registered person whose aggregate turnover during a
\nfinancial year exceeds two crore rupees shall get his accounts audited
\nas specified under sub-section<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\npurposes other than refund of the taxes paid shall furnish the details of
\ninward supplies of taxable goods or services or both as may be
\nrequired by the proper officer in FORM GSTR-11.
\n83. Provisions relating to a goods and services tax practitioner.-
\n(1) An application in FORM GST PCT-01 may be made
\nelectronically through the common portal either directly or through a
\nFacilitation Centre notified by the Commissioner for enrolment as
\ngoods and services tax practitioner by any person who-
\n(a) (i) is a citizen of India;
\n(ii) is a person of sound mind;
\n(iii) is not adjudicated as insolvent;
\n60
\n80
\n(iv) has not been convicted by a competent court;-
\n(b) satisfies any of the following conditions, namely:-
\n(c)
\n(i) that he is a retired officer of the Commercial Tax
\nDepartment of any State Government or of the Central
\nBoard of Excise and Customs, Department of Revenue,
\nGovernment of India, who, during his service under the
\nGovernment, had worked in a pos<\/p>\n
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\n(iv) has passed any of the following examinations,
\nnamely:-
\n81
\n(a) final examination of the Institute of
\nChartered Accountants of India; or
\n(b) final examination of the Institute of Cost
\nAccountants of India; or
\n(c) final examination of the Institute of
\nCompany Secretaries of India.
\n(2) On receipt of the application referred to in sub-rule (1), the
\nofficer authorised in this behalf shall, after making such enquiry as he
\nconsiders necessary, either enrol the applicant as a goods and services
\ntax practitioner and issue a certificate to that effect in FORM GST
\nPCT-02 or reject his application where it is found that the applicant is
\nnot qualified to be enrolled as a goods and services tax practitioner.
\n(3) The enrolment made under sub-rule (2) shall be valid until it is
\ncancelled:
\nProvided that no person enrolled as a goods and services tax
\npractitioner shall be eligible to remain enrolled unless he passes such
\nexamination conducted at such periods and by such authority as may
\nbe no<\/p>\n
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\n05 or, at any time, withdraw such authorisation in FORM GST PCT-
\n05 and the goods and services tax practitioner so authorised shall be
\nallowed to undertake such tasks as indicated in the said authorisation
\nduring the period of authorisation.
\n(7) Where a statement required to be furnished by a registered
\nperson has been furnished by the goods and services tax practitioner
\nauthorised by him, a confirmation shall be sought from the registered
\nperson over email or SMS and the statement furnished by the goods
\nand services tax practitioner shall be made available to the registered
\nperson on the common portal:
\nProvided that where the registered person fails to respond to the
\nrequest for confirmation till the last date of furnishing of such
\nstatement, it shall be deemed that he has confirmed the statement
\nfurnished by the goods and services tax practitioner.
\n(8) A goods and services tax practitioner can undertake any or all of
\nthe following activities on<\/p>\n
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\nservices tax practitioner to prepare and furnish his return; and
\n(b) before confirming submission of any statement prepared
\nby the goods and services tax practitioner, ensure that the facts
\nmentioned in the return are true and correct.
\n(10) The goods and services tax practitioner shall-
\n(a) prepare
\nprepare
\nthe statements with due diligence; and
\n(b) affix his digital signature on the statements prepared by
\nhim or electronically verify using his credentials.
\n(11) A goods and services tax practitioner enrolled in any other State
\nor Union territory shall be treated as enrolled in the State or Union
\nterritory for the purposes specified in sub-rule (8).
\n84. Conditions for purposes of appearance.- (1) No person shall
\nbe eligible to attend before any authority as a goods and services tax
\npractitioner in connection with any proceedings under the Act on
\nbehalf of any registered or un-registered person unless he has been
\nenrolled under rule 83.
\n(2) A goods and s<\/p>\n
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\n(c) the amount of tax and interest payable as a result of
\nmismatch under section 42 or section 43 or section 50; or
\n(d) any amount of interest that may accrue from time to time.
\n(3) Subject to the provisions of section 49, payment of every
\nliability by a registered person as per his return shall be made by
\ndebiting the electronic credit ledger maintained as per rule 86 or the
\nelectronic cash ledger maintained as per rule 87 and the electronic
\nliability register shall be credited accordingly.
\n(4) The amount deducted under section 51, or the amount collected
\nunder section 52, or the amount payable on reverse charge basis, or
\nthe amount payable under section 10, any amount payable towards
\ninterest, penalty, fee or any other amount under the Act shall be paid
\nby debiting the electronic cash ledger maintained as per rule 87 and
\nthe electronic liability register shall be credited accordingly.
\n85
\n(5) Any amount of demand debited in the electronic liability
\nregister shall sta<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\ndischarge of any liability in accordance with the provisions of section
\n49.
\n(3) Where a registered person has claimed refund of any unutilized
\namount from the electronic credit ledger in accordance with the
\nprovisions of section 54, the amount to the extent of the claim shall be
\ndebited in the said ledger.
\n(4) If the refund so filed is rejected, either fully or partly, the
\namount debited under sub-rule (3), to the extent of rejection, shall be
\nre-credited to the electronic credit ledger by the proper officer by an
\norder made in FORM GST PMT-03.
\n86
\n(5) Save as provided in the provisions of this Chapter, no entry shall
\nbe made directly in the electronic credit ledger under any
\ncircumstance.
\n(6) A registered person shall, upon noticing any discrepancy in his
\nelectronic credit ledger, communicate the same to the officer
\nexercising jurisdiction in the matter, through the common portal in
\nFORM GST PMT-04.
\nExplanation. For the purpose of this rule, <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nSettlement from any bank; or
\n87
\n(iv) Over the Counter payment through authorised banks for
\ndeposits up to ten thousand rupees per challan per tax period, by
\ncash, cheque or demand draft:
\nProvided that the restriction for deposit up to ten thousand
\nrupees per challan in case of an Over the Counter payment shall not
\napply to deposit to be made by –
\n(a) Government Departments or any other deposit to be made
\nby persons as may be notified by the Commissioner in this
\nbehalf;
\n(b) Proper officer or any other officer authorised to recover
\noutstanding dues from any person, whether registered or not,
\nincluding recovery made through attachment or sale of movable
\nor immovable properties;
\n(c) Proper officer or any other officer authorised for the
\namounts collected by way of cash, cheque or demand draft
\nduring any investigation or enforcement activity or any ad hoc
\ndeposit:
\nProvided further that the challan in FORM GST PMT-06
\ngenerated at the common<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nNumber shall be generated by the collecting bank and the same shall
\nbe indicated in the challan.
\n(7) On receipt of the Challan Identification Number from the
\ncollecting bank, the said amount shall be credited to the electronic
\ncash ledger of the person on whose behalf the deposit has been made
\nand the common portal shall make available a receipt to this effect.
\n(8) Where the bank account of the person concerned, or the person
\nmaking the deposit on his behalf, is debited but no Challan
\nIdentification Number
\nNumber
\nis generated or generated but not
\ncommunicated to the common portal, the said person may represent
\nelectronically in FORM GST PMT-07 through the common portal to
\nthe bank or electronic gateway through which the deposit was
\ninitiated.
\n(9) Any amount deducted under section 51 or collected under
\nsection 52 and claimed in FORM GSTR-02 by the registered taxable
\nperson from whom the said amount was deducted or, as the case may
\nbe, collected shall be credited to<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n88. Identification number for each transaction.- (1) A unique
\nidentification number shall be generated at the common portal for
\neach debit or credit to the electronic cash or credit ledger, as the case
\nmay be.
\n(2) The unique identification number relating to discharge of any
\nliability shall be indicated in the corresponding entry in the electronic
\nliability register.
\n(3) A unique identification number shall be generated at the
\ncommon portal for each credit in the electronic liability register for
\nreasons other than those covered under sub-rule (2).
\n00
\n90
\nChapter X
\nRFUND
\n89. Application for refund of tax, interest, penalty, fees or any
\nother amount.- (1) Any person, except the persons covered by
\nnotification issued under section 55, claiming refund of any tax,
\ninterest, penalty, fees or any other amount paid by him, other than
\nrefund of integrated tax paid on goods exported out of India, may file
\nan application electronically in FORM GST RFD-01 through the
\ncommon p<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nProvided also that refund of any amount, after adjusting the tax
\npayable by the applicant out of the advance tax deposited by him
\nunder section 27 at the time of registration, shall be claimed in the last
\nreturn required to be furnished by him.
\n91
\n(2)
\nThe application under sub-rule (1) shall be accompanied by any
\nof the following documentary evidences in Annex 1 of FORM GST
\nRFD-01, as applicable, to establish that a refund is due to the
\napplicant:-
\n(a) the reference number of the order and a copy of the order
\npassed by the proper officer or an appellate authority or
\nAppellate Tribunal or court resulting in such refund or reference
\nnumber of the payment of the amount specified in sub-section
\n(6) of section 107 and sub-section (8) of section 112 claimed as
\nrefund;
\n(b) a statement containing the number and date of shipping
\nbills or bills of export and the number and the date of the
\nrelevant export invoices, in a case where the refund is on
\naccount of export of goods;
\n(c) a sta<\/p>\n
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\nunit or the Special Economic Zone developer has not availed the
\n92
\n42
\ninput tax credit of the tax paid by the supplier of goods or
\nservices or both, in a case where the refund is on account of
\nsupply of goods or services made to a Special Economic Zone
\nunit or a Special Economic Zone developer;
\n(g) a statement containing the number and date of invoices
\nalong with such other evidence as may be notified in this behalf,
\nin a case where the refund is on account of deemed exports;
\n(h) a statement containing the number and the date of the
\ninvoices received and issued during a tax period in a case where
\nthe claim pertains to refund of any unutilized input tax credit
\nunder sub-section (3) of section 54 where the credit has
\naccumulated on account of the rate of tax on the inputs being
\nhigher than the rate of tax on output supplies, other than nil-
\nrated or fully exempt supplies;
\n(i) the reference number of the final assessment order and a
\ncopy of the sa<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nwhere the amount of refund claimed exceeds two lakh rupees:
\nProvided that a certificate is not required to be furnished in
\nrespect of cases covered under clause (a) or clause (b) or clause
\n(c) or clause (d) or clause (f) of sub-section (8) of section 54;
\nExplanation.- For the purposes of this rule-
\n(i) in case of refunds referred to in clause (c) of sub-section
\n(8) of section 54, the expression \u201cinvoice\u201d means invoice
\nconforming to the provisions contained in section 31;
\n(ii) where the amount of tax has been recovered from the
\nrecipient, it shall be deemed that the incidence of tax has
\nbeen passed on to the ultimate consumer.
\n(3) Where the application relates to refund of input tax credit, the
\nelectronic credit ledger shall be debited by the applicant by an amount
\nequal to the refund so claimed.
\n(4) In the case of zero-rated supply of goods or services or both
\nwithout payment of tax under bond or letter of undertaking in
\naccordance with the provisions of sub-s<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nwhere supply has been completed for which payment had
\nbeen received in advance in any period prior to the
\nrelevant period reduced by advances received for zero-
\nrated supply of services for which the supply of services
\nhas not been completed during the relevant period;
\n(E) “Adjusted Total turnover” means the turnover in a State or a
\nUnion territory, as defined under sub-section (112) of section 2,
\nexcluding the value of exempt supplies other than zero-rated
\nsupplies, during the relevant period;
\n(F) “Relevant period\u201d means the period for which the claim has
\nbeen filed.
\n(5) In the case of refund on account of inverted duty structure,
\nrefund of input tax credit shall be granted as per the following
\nformula –
\nMaximum Refund Amount = {(Turnover of inverted rated supply of
\ngoods) x Net ITC \u00c3\u00b7 Adjusted Total Turnover} tax
\npayable on such inverted rated supply of goods
\n–
\nExplanation.- For the purposes of this sub rule, the expressions \u201cNet
\nITC<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nrefund and the time period specified in sub-section (7) of section 54
\nshall be counted from such date of filing.
\n(3) Where any deficiencies are noticed, the proper officer shall
\ncommunicate the deficiencies to the applicant in FORM GST RFD-
\n03 through the common portal electronically, requiring him to file a
\nfresh refund application after rectification of such deficiencies.
\n(4) Where deficiencies have been communicated in FORM GST
\nRFD-03 under the Central Goods and Service Tax Rules, the same
\nshall also deemed to have been communicated under this rule along
\nwith the deficiencies communicated under sub-rule (3).
\n91. Grant of provisional refund.- (1) The provisional refund in
\naccordance with the provisions of sub-section (6) of section 54 shall
\nbe granted subject to the condition that the person claiming refund
\nhas, during any period of five years immediately preceding the tax
\nperiod to which the claim for refund relates, not been prosecuted for
\nany o<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nthe application, the proper officer is satisfied that a refund under sub-
\nsection (5) of section 54 is due and payable to the applicant, he shall
\nmake an order in FORM GST RFD-06, sanctioning the amount of
\nrefund to which the applicant is entitled, mentioning therein the
\namount, if any, refunded to him on a provisional basis under sub-
\nsection (6) of section 54, amount adjusted against any outstanding
\ndemand under the Act or under any existing law and the balance
\namount refundable:
\nProvided that in cases where the amount of refund is completely
\nadjusted against any outstanding demand under the Act or under any
\nexisting law, an order giving details of the adjustment shall be issued
\nin Part A of FORM GST RFD-07.
\n(2) Where the proper officer or the Commissioner is of the opinion
\nthat the amount of refund is liable to be withheld under the provisions
\nof sub-section (10) or, as the case may be, sub-section (11) of section
\n54, he shall pass an order in Part B of FORM GST RFD-07
\ninf<\/p>\n