Gujarat Goods and Services Tax (Second Amendment) Rules, 2017
10\/2017-State Tax (Rate) Dated:- 30-6-2017 Gujarat SGST
GST – States
Gujarat SGST
Gujarat SGST
NOTIFICATION
\nFINANCE DEPARTMENT
\nSachivalaya, Gandhinagar.
\nNotification No. 10\/2017-State Tax (Rate)
\nDated the 30th June, 2017.
\nNo. (GHN-49)\/GSTR-2017(3).TH- In exercise of the powers conferred by section 164 of the Gujarat Goods and Services Tax Act, 2017 (Guj.25 of 2017), the Government of Gujarat hereby makes the following rules further to amend the Gujarat Goods and Services Tax Rules, 2017, namely:-
\n1. (1) These rules may be called the Gujarat Goods and Services Tax (Second Amendment) Rules, 2017.
\n (2) They shall come into force on the 1st day of July, 2017.
\n2. In the Gujarat Goods and Services Tax Rules, 2017, after rule 26, the following shall be inserted, namely:-
\n“Chapter IV
\nDETERMINATION OF VALUE OF SUPPLY
\n27. Value of supply of goods or services where the consideration is not w<\/p>\n
= = = = = = = =<\/p>\n
Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ew phone without exchange is twenty four thousand rupees, the open market value of the new phone is twenty four thousand rupees. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n a related person, where the goods are intended for further supply by the said recipient. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n of services in relation to the purchase or sale of foreign currency, including money changing, shall be determined by the supplier of services in the following manner, namely:- = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n relation to booking of tickets for travel by air provided by an air travel agent shall be deemed to be an amount calculated at the rate of five per cent. of the basic fare in the case of domestic bookings, and at the rate of ten per cent. of the basic fare in the case of international bookings of passage for travel by air. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n defaulting borrower reduced by five percentage points for every quarter or part thereof, between the date of purchase and the date of disposal by the person making such repossession. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n d or supplied as pure agent of the recipient of supply; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n a person in a transaction, where the supplier and the recipient of the supply are not related and the price is the sole consideration, to obtain such supply at the same time when the supply being valued is made; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ce of any order where any demand has been confirmed on account of any fraud, willful misstatement or suppression of facts. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n to comply with the provisions of sub-section (2) of section 17, in accordance with the option permitted under sub-section (4) of thatsection, shall follow the following procedure, namely,- = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n e with the provisions of clause (d) and (e) of sub-section (2) of section 20 to one of the recipients 'R1', whether registered or not, from amongst the total of all the recipients to whom input tax credit is attributable, including the recipient(s) who are engaged in making exempt supply, or are otherwise not registered for any reason, shall be the amount, “C1”, to be calculated by applying the following formula – = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n the input tax credit already distributed gets reduced for any reason; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n claiming credit in special circumstances.-(1) The input tax credit claimed in accordance with the provisions of sub-section (1) of section 18 on the inputs held in stock or inputs contained in semi-finished or finished goods held in stock, or the credit claimed on capital goods in accordance with the provisions of clauses (c) and (d) of the said sub-section, shall be subject to the following conditions, namely:- = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n e (d) of sub-section (1) of section 18; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n o furnished by the transferor and, upon such acceptance, the un-utilized credit specified in FORM GST ITC-02 shall be credited to his electronic credit ledger. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n input tax credit under clause (g) shall be called common credit, be denoted as 'C2' and calculated as- = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n for effecting exempt supplies has been identified and segregated at the invoice level by the registered person, the same shall be included in 'T1' and 'T2' respectively, and the remaining amount of credit on such inputs or input services shall be included in 'T4'. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n taxable supplies including zero rated supplies and partly for effecting exempt supplies, shall be attributed to the purposes of business or for effecting taxable supplies in the following manner, namely:- = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ll be added to the aggregate value 'Tc'; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n of sub-section (4) of section 18 or sub-section (5) of section 29, be determined in the following manner, namely:- = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n er as specified in clause (b) of sub-rule (1) and the amount shall be determined separately for input tax credit of IGST and CGST: = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n , CREDIT AND DEBIT NOTES = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ce of supply; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n referred to in rule 46, in the case of the taxable supply of services, shall be issued within a period of thirty days from the date of the supply of service: = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n erial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters -hyphen or dash and slash symbolised as “-” and “\/” respectively, and any combination thereof, unique for a financial year; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n cess); = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n red; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n of goods or services, rate of tax and the amount of the tax credited or, as the case may be, debited to the recipient; and = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ibuted; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n le 46. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ply to the recipient but the tax invoice could not be issued at the time of removal of goods for the purpose of supply, the supplier shall issue a tax invoice after delivery of goods. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n dance with the provisions of sub-section (3) and sub-section (4) of section 9), tax collected and paid, input tax, input tax credit claimed, together with a register of tax invoice, credit notes, debit notes, delivery challan issued or received during any tax period. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n y premises other than those mentioned in the certificate of registration, they shall be presumed to be maintained by the said registered person. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n maintained in electronic form and the record so maintained shall be authenticated by means of a digital signature. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n with a sample copy in print form of the information stored in such files. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n red to in section 14 of the Integrated Goods and Services Tax Act, 2017, required to furnish the details of outward supplies of goods or services or both under section 37, shall furnish such details in FORM GSTR-1 electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n s of inward supplies of goods or services or both received during a tax period under sub-section (2) of section 38 shall, on the basis of details contained in Part A, Part B and Part C of FORM GSTR-2A, prepare such details as specified in sub-section (1) of the said section and furnish the same in FORM GSTR-2 electronically through the common portal, either directly or from a Facilitation Centre notified by the Commissioner, after including therein details of such other inward supplies, if any, required to be furnished under sub-section (2) of section 38. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n said deductee may include the same in FORM GSTR-2. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n he return in FORM GSTR-3 and such return shall be deemed to be an application filed under section 54. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n of invoices or debit notes from the supplier for the period prior to his opting for the composition scheme. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n en received and those issued under section 20, through the common portal either directly or from a Facilitation Centre notified by the Commissioner. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n supplies including imports, provisionally allowed under section 41, shall be matched under section 42 after the due date for furnishing the return in FORM GSTR-3- = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n T MIS-1 through the common portal. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ils of inward supplies shall be communicated to the registered person in FORM GST MIS-1electronically through the common portal. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n lable electronically to the person making such claim in FORM GST MIS-1 through the common portal. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ing the details of an outward supply in his valid return so as to match the details of corresponding inward supply declared by the recipient; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n available to the supplier electronically in FORM GST MIS-3 and to the e-commerce operator electronically in FORM GST MIS-4 on the common portal on or before the last date of the month in which the matching has been carried out. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ction 35 and he shall furnish a copy of audited annual accounts and a reconciliation statement, duly certified, in FORM GSTR-9C, electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n than the rank of a Group-B gazetted officer for a period of not less than two years; or = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n d unless he passes the said examination within a period of one year from the appointed date. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n r credit into the electronic cash ledger; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n a copy of the authorisation given by such person in FORM GST PCT-05. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n t of penalty imposed or liable to be imposed shall stand reduced partly or fully, as the case may be, if the taxable person makes the payment of tax, interest and penalty specified in the show cause notice or demand order and the electronic liability register shall be credited accordingly. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n hall not file an appeal. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n dicated in the challan, the commission, if any, payable in respect of such payment shall be borne by the person making such payment. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n the said amount shall be debited to the electronic cash ledger. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n lectronic cash ledger in accordance with the provisions of sub-section (6) of section 49 may be made through the return furnished for the relevant tax period in FORM GSTR-3 or FORM GSTR-4 or FORM GSTR-7,as the case may be: = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ertificates, as the case may be, in a case where the refund is on account of the export of services; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n e details of transactions considered as intra-State supply but which is subsequently held to be inter-State supply; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n e granted as per the following formula – = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n here the application relates to a claim for refund from the electronic cash ledger, an acknowledgement in FORM GST RFD-02 shall be made available to the applicant through the common portal electronically, clearly indicating the date of filing of the claim for refund and the time period specified in sub-section (7) of section 54 shall be counted from such date of filing. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n The proper officer, after scrutiny of the claim and the evidence submitted in support thereof and on being prima facie satisfied that the amount claimed as refund under sub-rule (1) is due to the applicant in accordance with the provisions of sub-section (6) of section 54, shall make an order in FORM GST RFD-04, sanctioning the amount of refund due to the said applicant on a provisional basis within a period not exceeding seven days from the date of the acknowledgement under sub-rule (1) or sub-rule (2) of rule 90. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n in writing, that the whole or any part of the amount claimed as refund is not admissible or is not payable to the applicant, he shall issue a notice in FORM GST RFD-08to the applicant, requiring him to furnish a reply in FORM GST RFD-09 within a period of fifteen days of the receipt of such notice and after considering the reply, make an order in FORM GST RFD-06 sanctioning the amount of refund in whole or part, or rejecting the said refund claim and the said order shall be made available to the applicant electronically and the provisions of sub-rule (1) shall, mutatis mutandis, apply to the extent refund is allowed: = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n T-03. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ons of rule 92 shall, mutatis mutandis, apply for the sanction and payment of refund under this rule. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n section 54; or = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ary and such other Members as it may deem fit and the Committee shall make recommendations for proper utilisation of the money credited to the Consumer Welfare Fund for welfare of the consumers. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n re stated to be carried on, to a duly authorised officer of the Central Government or, as the case may be, State Government; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n T-01 on the common portal, either directly or through a Facilitation Centre notified by the Commissioner. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n of order under sub-rule (5). = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n (3) The order of summary assessment under sub-section (1) of section 64 shall be issued in FORM GST ASMT-16. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n be conducted in accordance with the provisions of section 66, the officer referred to in the said section shall issue a direction in FORM GST ADT-03to the registered person to get his records audited by a chartered accountant or a cost accountant specified in the said direction. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ee shall be payable by the said officer for filing the appeal. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n knowledgement and where the said copy is submitted after seven days, the date of filing of the appeal shall be the date of submission of such copy. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n of filing of the appeal shall be the date of issue of provisional acknowledgement and where the said copy is submitted after seven days, the date of filing of the appeal shall be the date of the submission of such copy. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n oducing the evidence which he was called upon to produce by the adjudicating authority or, as the case may be, the Appellate Authority; or = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n -08. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n pplicant in support of the claims referred to in sub-clause (i); = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n t tax credit on goods held in stock on the appointed day in respect of which he is not in possession of any document evidencing payment of value added tax. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n it a declaration electronically in FORM GST TRAN-1 furnishing the proportion of supply on which Value Added Tax or service tax has been paid before the appointed day but the supply is made after the appointed day, and the Input Tax Credit admissible thereon. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n d by the Commissioner, and = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ermine the methodology and procedure.-The Authority may determine the methodology and procedure for determination as to whether the reduction in rate of tax on the supply of goods or services or the benefit of input tax credit has been passed on by the registered person to the recipient by way of commensurate reduction in prices. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n pply of goods or services or the benefit of input tax credit has not been passed on to the recipient by way of commensurate reduction in prices. = = = = = = = =<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(2) Where a laptop is supplied for forty thousand rupees along with the barter of a printer that is manufactured by the recipient and the value of the printer known at the time of supply is four thousand rupees but the open market value of the laptop is not known, the value of the supply of the laptop is forty four thousand rupees.
\n28. Value of supply of goods or services or both between distinct or related persons, other than through an agent.-The value of the supply of goods or services or both between distinct persons as specified in sub-section (4) and (5) of section 25 or where the supplier and recipient are related, other than where the supply is made through an agent, shall-
\n(a) be the open market value of such supply;
\n(b) if the open market value is not available, be the value of supply of goods or services of like kind and quality;
\n(c) i<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nIllustration: A principal supplies groundnut to his agent and the agent is supplying groundnuts of like kind and quality in subsequent supplies at a price of five thousand rupees per quintal on the day of the supply. Another independent supplier is supplying groundnuts of like kind and quality to the said agent at the price of four thousand five hundred and fifty rupees per quintal. The value of the supply made by the principal shall be four thousand five hundred and fifty rupees per quintal or where he exercises the option, the value shall be 90 per cent. of five thousand rupees i.e.,four thousand five hundred rupees per quintal.
\n(b) where the value of a supply is not determinable under clause (a), the same shall be determined by the application of rule 30 or rule 31 in that order.
\n30. Value of supply of goods or services or both based on cost.-Where the value of a supply of goods or services <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(a) for a currency, when exchanged from, or to, Indian Rupee, the value shall be equal to the difference in the buying rate or the selling rate, as the case may be, and the Reserve Bank of India reference rate for that currency at that time, multiplied by the total units of currency:
\nProvided that in case where the Reserve Bank of India reference rate for a currency is not available, the value shall be one per cent. of the gross amount of Indian Rupee provided or received by the person changing the money:
\nProvided further that in case where neither of the currencies exchanged is Indian Rupees, the value shall be equal to one per cent. of the lesser of the two amounts the person changing the money would have received by converting any of the two currencies into Indian Rupee on that day at the reference rate p<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nExplanation.- For the purposes of this sub-rule, the expression “basic fare” means that part of the air fare on which commission is normally paid to the air travel agent by the airlines.
\n(4) The value of supply of services in relation to life insurance business shall be,-
\n(a) the gross premium charged from a policy holder reduced by the amount allocated for investment, or savings on behalf of the policy holder, if such an amount is intimated to the policy holder at the time of supply of service;
\n(b) in case of single premium annuity policies other than (a), ten per cent. of single premium charged from the policy holder; or
\n(c) in all other cases, twenty <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(6) The value of a token, or a voucher, or a coupon, or a stamp (other than postage stamp) which is redeemable against a supply of goods or services or both shall be equal to the money value of the goods or services or both redeemable against such token, voucher, coupon, or stamp.
\n(7) The value of taxable services provided by such class of service providers as may be notified by the Government, on the recommendations of the Council, as referred to in paragraph 2 of Schedule I of the said Act between distinct persons as referred to in section 25, where input tax credit is available, shall be deemed to be NIL.
\n33. Value of supply of services in case of pure agent.- Notwithstanding anything contained in the provisions of this Chapter, the expenditure or costs incurred by a supplier as a pure agent of the r<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(c) does not use for his own interest such goods or services so procured; and
\n(d) receives only the actual amount incurred to procure such goods or services in addition to the amount received for supply he provides on his own account.
\nIllustration.- Corporate services firm A is engaged to handle the legal work pertaining to the incorporation of Company B. Other than its service fees, A also recovers from B, registration fee and approval fee for the name of the company paid to the Registrar of Companies. The fees charged by the Registrar of Companies for the registration and approval of the name are compulsorily levied on B. A is merely acting as a pure agent in the payment of those fees. Therefore, A's recovery of such expenses is a disbursement and not part of the value of supply made by A to B.
\n34. Rate of exchange of currency, other than Indian rupee, for determination of value.-
\nThe rate of exchange for the determination<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(b) “supply of goods or services or both of like kind and quality” means any other supply of goods or services or both made under similar circumstances that, in respect of the characteristics, quality, quantity, functional components, materials, and the reputation of the goods or services or both first mentioned, is the same as, or closely or substantially resembles, that supply of goods or services or both.
\nChapter V
\nINPUT TAX CREDIT
\n36. Documentary requirements and conditions for claiming input tax credit.-(1)The input tax credit shall be availed by a registered person, including the Input Service Distributor, on the basis of any of the following documents, namely,-
\n(a) an invoice issued by the supplier of goods or services or both in accordance with the provisions of s<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n37. Reversal of input tax credit in the case of non-payment of consideration.-(1) A registered person, who has availed of input tax credit on any inward supply of goods or services or both, but fails to pay to the supplier thereof, the value of such supply along with the tax payable thereon, within the time limit specified in the second proviso to sub-section (2) of section 16, shall furnish the details of such supply, the amount of value not paid and the amount of input tax credit availed of proportionate to such amount not paid to the supplier in FORM GSTR-2 for the month immediately following the period of one hundred and eighty days from the date of the issue of the invoice:
\nProvided that the value of supplies made without consideration as specified in Schedule I of the said Act shall be deemed to have been paid for the purposes of the second proviso to sub-s<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\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 non-business purposes; and
\n(ii)the credit attributable to the supplies specified in sub-section (5) of section 17, in FORM GSTR-2;
\n(b) the said company or institution shall avail the credit of tax paid on inputs and input services referred to in the second proviso to sub-section (4) of section 17 and not covered under clause (a);
\n(c) fifty per cent. of the remaining amount of input tax shall be the input tax credit admissible to the company or the institution and shall be furnished in FORM GSTR-2;
\n(d) the amount referred to in clauses (b) and (c) shall, subject to the provisions of sections 41, 42 and 43, be credited to the electronic credit ledger of the said com<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nC1 = (t1\/T) x C
\nwhere,
\n“C” is the amount of credit to be distributed,
\n“t1” is the turnover, as referred to in section 20, of person R1 during the relevant period, and
\n“T” is the aggregate of the turnover, during the relevant period, of all recipients to whom the input service is attributable in accordance with the provisions of section 20;
\n(e) the input tax credit on account of integrated tax shall be distributed as input tax credit of integrated tax to every recipient;
\n(f) the input tax credit on account of central tax and State tax or Union territory tax shall-\n<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(i) any additional amount of input tax credit on account of issuance of a debit note to an Input Service Distributor by the supplier shall be distributed in the manner and subject to the conditions specified in clauses (a) to (f) and the amount attributable to any recipient shall be calculated in the manner provided in clause (d) and such credit shall be distributed in the month in which the debit note isincluded in the return in FORM GSTR-6;
\n(j) any input tax credit required to be reduced on account of issuance of a credit note to the Input Service Distributor by the supplier shall be apportioned to each recipient in the same ratio in which the input tax credit contained in the original invoice was distributed in terms of clause (d), and the amount so apportioned shall be-
\n(i) reduced from the amount to be distributed in the month in which the credit note is included in the return in FORM GSTR-6; or
\n(ii) added<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(a) the input tax credit on capital goods, in terms of clauses (c) and (d) of sub-section (1) of section 18, shall be claimed after reducing the tax paid on such capital goods by five percentage points per quarter of a year or part thereof from the date of the invoice or such other documents on which the capital goods were received by the taxable person.
\n(b) the registered person shall within a period of thirty days from the date of his becoming eligible to avail the input tax credit under sub-section (1) of section 18 shall make a declaration, electronically, on the common <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(d) the details furnished in the declaration under clause (b) shall be duly certified by a practicing chartered accountant or a cost accountant if the aggregate value of the claim on account of central tax, State tax, Union territory tax and integrated tax exceeds two lakh rupees;
\n(e) the input tax credit claimed in accordance with the provisions of clauses (c) and (d) of sub-section (1) of section 18 shall be verified with the corresponding details furnished by the corresponding supplier in FORM GSTR-1 or as the case may be, in FORM GSTR- 4, on the common portal.
\n(2) The amount of credit in the case of supply of capital goods or plant and machinery, for the purposes of sub-section (6) of section 18, shall be calculated by reducing the input tax on the said goods at the rate of five percentage points for every quarter or part thereof from the date of the issue of the invoice for such goods.
\n41. Transfer of credit on sale, merger, amalga<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(4) The inputs and capital goods so transferred shall be duly accounted for by the transferee in his books of account.
\n42. Manner of determination of input tax credit in respect of inputs or input services and reversal thereof.-(1) The input tax credit in respect of inputs or input services, which attract the provisions of sub-section (1) or sub-section (2) of section 17, being partly used for the purposes of business and partly for other purposes, or partly used for effecting taxable supplies including zero rated supplies and partly for effecting exempt supplies, shall be attributed to the purposes of business or for effecting taxable supplies in the following manner, namely:-
\n(a) the total input tax involved on inputs and input services in a tax period, be denoted as 'T';
\n(b) the amount of input tax, out of 'T', attributab<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nC2 = C1- T4;
\n(i) the amount of input tax credit attributable towards exempt supplies, be denoted as 'D1' and calculated as-
\nD1= (E\/F) x C2
\nwhere,
\n'E' is the aggregate value of exempt supplies during the tax period, and
\n'F' is the total turnover in the State of the registered person during the tax period:
\nProvided that where the registered person does not have any turnover during the said tax period or the aforesaid information is not available, the value of 'E\/F' shall be calculated by taking values of 'E' and 'F' of the last tax period for which the details of such turnover are available, previous to the month during which the said value of 'E\/F' is to be calculated;
\nExplanation: For the purposes of this clause, it is hereby clarified that the aggregate value of exempt supplies and the total turnover shall exclude the amount of any duty or tax levied under entry 84 of List I<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(2)The input tax credit determined under sub-rule (1) shall be calculated finally for the financial year before the due date for furnishing of the return for the month of September following the end of the financial year to which such credit relates, in the manner specified in the said sub-rule and-
\n(a) where the aggregate of the amounts calculated finally in respect of 'D1' and 'D2' exceeds the aggregate of the amounts determined under sub-rule (1) in respect of 'D1' and 'D2', such excess shall be added to the output tax liability of the registered person in the month not later than the month of September following the end of the financial year to which such credit relates and the said person shall be liable to pay <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(a) the amount of input tax in respect of capital goods used or intended to be used exclusively for non-business purposes or used or intended to be used exclusively for effecting exempt supplies shall be indicated in FORM GSTR-2 and shall not be credited to his electronic credit ledger;
\n(b) the amount of input tax in respect of capital goods used or intended to be used exclusively for effecting supplies other than exempted supplies but including zero-rated supplies shall be indicated in FORM GSTR-2 and shall be credited to the electronic credit ledger;
\n(c) the amount of input tax in respect of capital goods not covered under clauses (a) and (b), denoted as 'A', shall be credited to the electronic credit ledger and the useful life of such goods shall be taken as five years from the<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(e) the amount of input tax credit attributable to a tax period on common capital goods during their useful life, be denoted as 'Tm' and calculated as-
\nTm= Tc\/60
\n(f) the amount of input tax credit, at the beginning of a tax period, on all common capital goods whose useful life remains during the tax period, be denoted as 'Tr' and shall be the aggregate of 'Tm' for all such capital goods;
\n(g) the amount of common credit attributable towards exempted supplies, be denoted as 'Te', and calculated as-
\nTe= (E\/ F) x Tr
\nwhere,
\n'E' is the aggregate value of exempt supplies, made, during the tax period, and
\n'F' is the total turnover of the registered person during the tax period:
\nProvided that where the registered person does not have any turnover during the said tax period or the aforesaid information is not available, the value of 'E\/F' shall be calculated by taking values of 'E' and 'F' of the last tax period for which the details of such tur<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(a) for inputs held in stock and inputs contained in semi-finished and finished goods held in stock, the input tax credit shall be calculated proportionately on the basis of the corresponding invoices on which credit had been availed by the registered taxable person on such inputs;
\n(b) for capital goods held in stock, the input tax credit involved in the remaining useful life in months shall be computed on pro-rata basis, taking the useful life as five years.
\nIllustration-
\nCapital goods have been in use for 4 years, 6 month and 15 days.
\nThe useful remaining life in months= 5 months ignoring a part of the month
\nInput tax credit taken on such capital goods= C
\nInput tax credit attributable to remaining useful life= C multiplied by 5\/60
\n(2) The amount, as specified in sub-rule (1) shall be determined separately for input tax credit of integrated tax and central ta<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nProvided that where the amount so determined is more than the tax determined on the transaction value of the capital goods, the amount determined shall form part of the output tax liability and the same shall be furnished in FORM GSTR-1.
\n45. Conditions and restrictions in respect of inputs and capital goods sent to the job worker.-(1)The inputs, semi-finished goods or capital goods shall be sent to the job worker under the cover of a challan issued by the principal, including where such goods are sent directly to a job-worker.
\n(2) The challan issued by the principal to the job worker shall contain the details specified in rule 55.
\n(3) The details of challans in respect of goods dispatched to a job worker or received from a job worker or sent from one job worker to another during a quarter shall be included in FORM GST ITC-04 furnished for that period on<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n46. Tax invoice.- Subject to rule 54, a tax invoice referred to in section 31 shall be issued by the registered person containing the following particulars, namely,-
\n(a) name, address and Goods and Services Tax Identification Number of the supplier:-
\n(b) a consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters- hyphen or dash and slash symbolised as “-” and “\/” respectively, and any combination thereof, unique for a financial year;
\n(c) date of its issue;
\n(d) name, address and Goods and Services Tax Identification Number or Unique Identity Number, if registered, of the recipient;
\n(e) name and address of the recipient and the address of delivery, along with the name of the State and its code, if such recipient is un-registered and where the value of the taxable supply is fifty thousand rupees or more;
\n(f) name and address of the recipient and the address of delivery, alo<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(p) whether the tax is payable on reverse charge basis; and
\n(q) signature or digital signature of the supplier or his authorised representative:
\nProvided that the Board may, on the recommendations of the Council, by notification, specify-
\n(i) the number of digits of Harmonised System of Nomenclature code for goods or services that a class of registered persons shall be required to mention, for such period as may be specified in the said notification; and
\n(ii) the class of registered persons that would not be required to mention the Harmonised System of Nomenclature code for goods or services, for such period as may be specified in the said notification:
\nProvided further that where an invoice is required to be issued under clause (f) of sub-section (3) of section 31, a registered person may issue a consolidated invoice at the end of a month for supplies covered under sub-section (4) of section 9, the aggregate value of such supplies exceeds rupees five thousand in a <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nProvided that where the supplier of services is an insurer or a banking company or a financial institution, including a non-banking financial company, the period within which the invoice or any document in lieu thereof is to be issued shall be forty five days from the date of the supply of service:
\nProvided further that an insurer or a banking company or a financial institution, including a non-banking financial company, or a telecom operator, or any other class of supplier of services as may be notified by the Government on the recommendations of the Council, making taxable supplies of services between distinct persons as specified in section 25, may issue the invoice before or at the time such supplier records the same in his books of account or before the expiry of the quarter during which the supply was made.
\n48. Manner of <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(c) date of its issue;
\n(d) name, address and Goods and Services Tax Identification Number or Unique Identity Number, if registered, of the recipient;
\n(e) Harmonised System of Nomenclature Code for goods or services;
\n(f) description of goods or services or both;
\n(g) value of supply of goods or services or both taking into account discount or abatement, if any; and
\n(h) signature or digital signature of the supplier or his authorised representative:
\nProvided that the provisos to rule 46 shall, mutatis mutandis, apply to the bill of supply issued under this rule:
\nProvided further that any tax invoice or any other similar document issued under any other Act for the time being in force in respect of any non-taxable supply shall be trea<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(i) place of supply along with the name of State and its code, in case of a supply in the course of inter-State trade or commerce;
\n(j) whether the tax is payable on reverse charge basis; and
\n(k) signature or digital signature of the supplier or his authorised representative:
\nProvided that where at the time of receipt of advance,-
\n(i) the rate of tax is not determinable, the tax shall be paid at the rate of eighteen per cent.;
\n(ii) the nature of supply is not determinable, the same shall be treated as inter-State supply.
\n51. Refund voucher.-A refund voucher referred to in clause (e) of sub-section (3) of section 31 shall contain the following particulars, namely:-
\n(a) name, address and Goods and Services Tax Identification Number of the supplier;
\n(b) a consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters-hyphen or dash and slash symbolised as “-” and “\/”respectively, and any combinat<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(b) a consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters-hyphen or dash and slash symbolised as “-” and “\/” respectively, and any combination thereof, unique for a financial year;
\n(c) date of its issue;
\n(d) name, address and Goods and Services Tax Identification Number of the recipient;
\n(e) description of goods or services;
\n(f) amount paid;
\n(g) rate of tax (central tax, State tax, integrated tax, Union territory tax or cess);
\n(h) amount of tax payable in respect of taxable goods or services (central tax, State tax, integrated tax, Union territory tax or cess);
\n(i) place of supply along with the name of State and its code, in case of a supply in the course of inter-State trade or commerce; and
\n(j) signature or digital signature of the supplier or his authorised representative.
\n53. Revised tax invoice and credit or debit notes.-(1)A revised tax invoice referred to in section 31 and c<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(j) signature or digital signature of the supplier or his authorised representative.
\n(2) Every registered person who has been granted registration with effect from a date earlier than the date of issuance of certificate of registration to him, may issue revised tax invoices in respect of taxable supplies effected during the period starting from the effective date of registration till the date of the issuance of the certificate of registration:
\nProvided that the registered person may issue a consolidated revised tax invoice in respect of all taxable supplies made to a recipient who is not registered under the Act during such period:
\nProvided further that in the case of inter-State supplies, where the value of a supply does not exceed two lakh and fifty thousand rupees, a consolidated revised invoice may be issued separately in respect of all the recipients loca<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(e) amount of the credit distributed; and
\n(f) signature or digital signature of the Input Service Distributor or his authorised representative:
\nProvided that where the Input Service Distributor is an office of a banking company or a financial institution, including a non-banking financial company, a tax invoice shall include any document in lieu thereof, by whatever name called, whether or not serially numbered but containing the information as mentioned above.
\n(2) Where the supplier of taxable service is an insurer or a banking company or a financial institution, including a non-banking financial company, the said supplier shall issue a tax invoice or any other document in lieu thereof, by whatever name called, whether issued or made available, physically or electronically whether or not serially numbered, and whether or not containing the address of the recipient of taxable service but containing other information as mentioned under rule 46.
\n(3) Where the supplier of tax<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(5) The provisions of sub-rule (2) or sub-rule (4) shall apply, mutatis mutandis, to the documents issued under rule 49 or rule 50 or rule 51 or rule 52 or rule 53.
\n55. Transportation of goods without issue of invoice.-(1)For the purposes of-
\n(a) supply of liquid gas where the quantity at the time of removal from the place of business of the supplier is not known,
\n(b) transportation of goods for job work,
\n(c) transportation of goods for reasons other than by way of supply, or
\n(d) such other supplies as may be notified by the Board,
\nthe consigner may issue a delivery challan, serially numbered not exceeding sixteen characters, in one or multiple series, in lieu of invoice at the time of removal of goods for transportation, containing the following details, namely:-
\n(i) date and number of the delivery challan;
\n(ii) name, address and Goods and Services Tax Identification Number of the consigner, if registered;
\n(iii) name, address and Goods and Services Tax Identification <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(5) Where the goods are being transported in a semi knocked down or completely knocked down condition –
\n(a) the supplier shall issue the complete invoice before dispatch of the first consignment;
\n(b) the supplier shall issue a delivery challan for each of the subsequent consignments, giving reference of the invoice;
\n(c) each consignment shall be accompanied by copies of the corresponding delivery challan along with a duly certified copy of the invoice; and
\n(d) the original copy of the invoice shall be sent along with the last consignment.
\nChapter VII
\nACCOUNTS AND RECORDS
\n56. Maintenance of accounts by registered persons.-(1) Every registered person shall keep and maintain, in addition to the particulars mentioned in sub-section (1) of section 35, a true and correct account of the goods or services<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(5) Every registered person shall keep the particulars of –
\n(a) names and complete addresses of suppliers from whom he has received the goods or services chargeable to tax under the Act;
\n(b) names and complete addresses of the persons to whom he has supplied goods or services, where required under the provisions of this Chapter;
\n(c) the complete address of the premises where goods are stored by him, including goods stored during transit along with the particulars of the stock stored therein.
\n(6) If any taxable goods are found to be stored at any place(s) other than those declared under sub-rule (5) without the cover of any valid documents, the proper officer shall determine the amount of tax payable on such good<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(11) Every agent referred to in clause (5) of section 2 shall maintain accounts depicting the,-
\n(a) particulars of authorisation received by him from each principal to receive or supply goods or services on behalf of such principal separately;
\n(b) particulars including description, value and quantity (wherever applicable) of goods or services received on behalf of every principal;
\n(c) particulars including description, value and quantity (wherever applicable) of goods or services supplied on behalf of every principal;
\n(d) details of accounts furnished to every principal; and
\n(e) tax paid on receipts or on supply of goods or services effected on behalf of every principal.
\n(12) Every registered person manufacturing goods shall maintain monthly production accounts, showing quantitative details of raw materials or services used in the manuf<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(16) Accounts maintained by the registered person together with all invoices, bills of supply, credit and debit notes, and delivery challans relating to stocks, deliveries, inward supply and outward supply shall be preserved for the period as provided in section 36 and shall, where such accounts and documents are maintained manually, be kept at every related place of business mentioned in the certificate of registration and shall be accessible at every related place of business where such accounts and documents are maintained digitally.
\n(17) Any person having custody over the goods in the capacity of a carrier or a clearing and forwarding agent for delivery or dispatch thereof to a recipient on behalf of any registered person shall maintain true and correct records in respect of such goods handled by him on behalf of such registered person and shall produce the details <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n58. Records to be maintained by owner or operator of godown or warehouse and transporters.- (1)Every person required to maintain records and accounts in accordance with the provisions of sub-section (2) of section 35, if not already registered under the Act, shall submit the details regarding his business electronically on the common portal in FORM GST ENR-01, either directly or through a Facilitation Centre notified by the Commissioner and, upon validation of the details furnished, a unique enrolment number shall be generated and communicated to the said person.
\n(2) The person enrolled under sub-rule (1) as aforesaid in any other State or Union territory shall be deemed to be enrolled in the State or Union territory.
\n(3) Every person who is enrolled under sub-rule (1) shall, where required, amend the details furnished in FORM GST ENR-01 electronically on the common portal either directly or through a Fa<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(2) The details of outward supplies of goods or services or both furnished in FORM GSTR-1 shall include the-
\n(a) invoice wise details of all –
\n(i) inter-State and intra-State supplies made to the registered persons; and
\n(ii) inter-State supplies with invoice value more than two and a half lakh rupees made to the unregistered persons;
\n(b) consolidated details of all –
\n(i) intra-State supplies made to unregistered persons for each rate of tax; and
\n(ii) State wise inter-State supplies with invoice value upto two and a half lakh rupees made to unregistered persons for each rate of tax;
\n(c) debit and credit notes, if any, issued during the month fo<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(2) Every registered person shall furnish the details, if any, required under sub-section (5) of section 38 electronically in FORM GSTR-2.
\n(3) The registered person shall specify the inward supplies in respect of which he is not eligible, either fully or partially, for input tax credit in FORM GSTR-2 where such eligibility can be determined at the invoice level.
\n(4) The registered person shall declare the quantum of ineligible inpu<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(7) The details of tax collected at source furnished by an e-commerce operator under section 52in FORM GSTR-8 shall be made available to the concerned person in Part C of FORM GSTR 2A electronically through the common portal and such person may include the same in FORM GSTR-2.
\n(8) The details of inward supplies of goods or services or both furnished in FORM GSTR-2 shall include the-
\n(a) invoice wise details of all inter-State and intra-State supplies received from registered persons or unregistered persons;
\n(b) import of goods and services made; and
\n(c) debit and credit notes, if any, received from supplier.
\n61. Form and manner of submission of monthly return.-(1) Every registered person other than a person referred to in section 14 of the Integrated Goods and Services Tax Act, 2017 or an Input Service Distributor or a non-resident taxable person or a person paying tax under section 10 or section 51 or, as the case may be, under<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(5) Where the time limit for furnishing of details in FORM GSTR-1 under section 37 and in FORM GSTR-2 under section 38 has been extended and the circumstances so warrant, return in FORM GSTR-3B, in lieu of FORM GSTR-3, may be furnished in such manner and subject to such conditions as may be notified by the Commissioner.
\n62. Form and manner of submission of quarterly return by the composition supplier.-(1) Every registered person paying tax under section 10 shall, on the basis of details contained in FORM GSTR-4A, and where required, after adding, correcting or deleting the details, furnish the quarterly return in FORM GSTR-4 electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner.
\n(2) Every registered person furnishing the return under sub-rule (1) shall discharge his liability towards tax, interest, penalty, fees or an<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(5) A registered person opting to withdraw from the composition scheme at his own motion or where option is withdrawn at the instance of the proper officer shall, where required, furnish the details relating to the period prior to his opting for payment of tax under section 9 in FORM GSTR- 4 till the due date of furnishing the return for the quarter ending September of the succeeding financial year or furnishing of annual return of the preceding financial year, whichever is earlier.
\n63. Form and manner of submission of return by non-resident taxable person.-Every registered non-resident taxable person shall furnish a return in FORM GSTR-5 electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner, including therein the details of outward supplies and inward supplies and shall pay the tax, interest, penalty, fees or a<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n66. Form and manner of submission of return by a person required to deduct tax at source.-(1) Every registered person required to deduct tax at source under section 51 (hereafter in this rule referred to as deductor) shall furnish a return in FORM GSTR-7 electronically through the common portal either directly or from a Facilitation Centre notified by the Commissioner.
\n(2) The details furnished by the deductor under sub-rule (1) shall be made available electronically to each of the suppliers in Part C of FORM GSTR-2A and FORM-GSTR-4A on the common portal after the due date of filing of FORM GSTR-7.
\n(3) The certificate referred to in sub-section (3) of section 51 shall be made available electronically to the deductee on the common portal in FORM GSTR-7A on the basis of the return furnished under sub-rule (1).
\n67. Form and manner o<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(a) Goods and Services Tax Identification Number of the supplier;
\n(b) Goods and Services Tax Identification Number of the recipient;
\n(c) invoice or debit note number;
\n(d) invoice or debit note date; and
\n(e) tax amount:
\nProvided that where the time limit for furnishing FORM GSTR-1 specified under section 37and FORM GSTR-2 specified under section 38 has been extended, the date of matching relating to claim of input tax credit shall also be extended accordingly:
\nProvided further that the Commissioner may, on the recommendations of the Council, by order, extend the date of matching relating to claim of input tax credit to such date as may be specified therein.
\nExplanation.- For the purposes of this rule, it is hereby declared that –
\n(i) The claim of input tax credit in respect of invoices and debit notes in FORM GSTR-2 <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n71. Communication and rectification of discrepancy in claim of input tax credit and reversal of claim of input tax credit.-(1) Any discrepancy in the claim of input tax credit in respect of any tax period, specified in sub-section (3) of section 42 and the details of output tax liable to be added under sub-section (5) of the said section on account of continuation of such discrepancy, shall be made available to the recipient making such claim electronically in FORM GST MIS-1 and to the supplier electronically in FORM GST MIS-2 through the common portal on or before the last date of the month in which the matching has been carried out.
\n(2) A supplier to whom any discrepancy is made available under sub-rule (1) may make suitable rectifications in the statement of outward supplies to be furnished for the month in which the discrepancy is made available.
\n(3) A recipient to whom any discrepancy is made available under sub-rule (1) may make suitable rect<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n73. Matching of claim of reduction in the output tax liability .-The following details relating to the claim of reduction in output tax liability shall be matched under section 43 after the due date for furnishing the return in FORM GSTR-3, namely:-
\n(a) Goods and Services Tax Identification Number of the supplier;
\n(b) Goods and Services Tax Identification Number of the recipient;
\n(c) credit note number;
\n(d) credit note date; and
\n(e) tax amount:
\nProvided that where the time limit for furnishing FORM GSTR-1 under section 37 and FORM GSTR-2 under section 38 has been extended, the date of matching of claim of reduction in the output tax liability shall be extended accordingly:
\nProvided further that the Commissioner may, on the recommendations of the Council, by order, extend the date of matching relating to claim of reduction in output tax liability<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(2) The claim of reduction in output tax liability in respect of any tax period which had been communicated as mis-matched but is found to be matched after rectification by the supplier or recipient shall be finally accepted and made available electronically to the person making such claim in FORM GST MIS-1 through the common portal.
\n75. Communication and rectification of discrepancy in reduction in output tax liability and reversal of claim of reduction.-(1) Any discrepancy in claim of reduction in output tax liability, specified in sub-section (3) of section 43, and the details of output tax liability to be added under sub-section (5) of the said section on account of continuation of such discrepancy, shall be made available to the registered person making such claim electronically in FORM GST MIS- 1 and the recipient electronically in FORM GST MIS-2 through the common portal on or bef<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(ii) rectification by the recipient means adding or correcting the details of an inward supply so as to match the details of corresponding outward supply declared by the supplier.
\n76. Claim of reduction in output tax liability more than once.-The duplication of claims for reduction in output tax liability in the details of outward supplies shall be communicated to the registered person in FORM GST MIS-1 electronically through the common portal.
\n77. Refund of interest paid on reclaim of reversals.-The interest to be refunded under sub-section (9) of section 42 or sub-section (9) of section 43 shall be claimed by the registered person in his return in FORM GSTR-3 and shall be credited to his electronic cash ledger in FORM GST PMT-05 and the amount credited shall be available for payment of any future liability towards interest or the taxable per<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(2) A supplier to whom any discrepancy is made available under sub-rule (1) may make suitable rectifications in the statement of outward supplies to be furnished for the month in which the discrepancy is made available.
\n(3) An operator to whom any discrepancy is made available under sub-rule (1) may make suitable rectifications in the statement to be furnished for the month in which the discrepancy is made available.
\n(4) Where the discrepancy is not rectified under sub-rule (2) or sub-rule (3), an amount to the extent of discrepancy shall be added to the output tax liability of the supplier in his return in FORM GSTR-3 for the month succeeding the month in which the details of discrepancy are made available and such addition to the output tax liability and in<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n81. Final return.-Every registered person required to furnish a final return under section 45, shall furnish such return electronically in FORM GSTR-10through the common portal either directly or through a Facilitation Centre notified by the Commissioner.
\n82. Details of inward supplies of persons having Unique Identity Number.-(1) Every person who has been issued a Unique Identity Number and claims refund of the taxes paid on his inward supplies, shall furnish the details of such supplies of taxable goods or services or both electronically in FORM GSTR-11, along with application for such refund claim, through the common portal either directly or through a Facilitation Centre notified by the Commissioner.
\n(2) Every person who has bee<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(b) that he has enrolled as a sales tax practitioner or tax return preparer under the existing law for a period of not less than five years;
\n(c) that he has passed,
\n(i) a graduate or postgraduate degree or its equivalent examination having a degree in Commerce, Law, Banking including Higher Auditing, or Business Administration or Business Management from any Indian University established by any law for the time being in force; or
\n(ii) a degree examination of any Foreign University recognised by any Indian University as equivalent to the degree examination mentioned in sub-clause (i); or
\n(iii) any other examination notified by the Government, on the recommendation of the Council, for this purpose; or
\n(iv) has passed any of the following examinations, namely:-
\n(a) final examination of the Institute of Chartered Accountants of India; or
\n(b) final examination of the Institute of Cost Accountants<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(4) If any goods and services tax practitioner is found guilty of misconduct in connection with any proceedings under the Act, the authorised officer may, after giving him a notice to show cause in FORM GST PCT-03 for such misconduct and after giving him a reasonable opportunity of being heard, by order in FORM GST PCT -04 direct that he shall henceforth be disqualified under section 48 to function as a goods and services tax practitioner.
\n(5) Any person against whom an order under sub-rule (4) is made may, within thirty days from the date of issue of such order, appeal to the Commissioner against such order.
\n(6) Any registered person may, at his option, authorise a goods and services tax practitioner on the common portal in FORM GST PCT-05 or, at any time, withdraw such authorisation in FORM GST PCT-05 and the goods and services tax practitioner so authorised shall be allowed to undertake s<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(d) file a claim for refund; and
\n(e) file an application for amendment or cancellation of registration:
\nProvided that where any application relating to a claim for refund or an application for amendment or cancellation of registration has been submitted by the goods and services tax practitioner authorised by the registered person, a confirmation shall be sought from the registered person and the application submitted by the said practitioner shall be made available to the registered person on the common portal and such application shall not be proceeded with further until the registered person gives his consent to the same.
\n(9) Any registered person opting to furnish his return through a goods and services tax practitioner shall-
\n(a) give his consent in FORM GST PCT-05 to any goods and services tax practitioner to prepare and furnish his return; and
\n(b) before confirming submission of any statement prepared by the goods and services tax <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nChapter IX
\nPayment of Tax
\n85. Electronic Liability Register.-(1) The electronic liability register specified under sub-section (7) of section 49 shall be maintained in FORM GST PMT-01 for each person liable to pay tax, interest, penalty, late fee or any other amount on the common portal and all amounts payable by him shall be debited to the said register.
\n(2) The electronic liability register of the person shall be debited by-
\n(a) the amount payable towards tax, interest, late fee or any other amount payable as per the return furnished by the said person;
\n(b) the amount of tax, interest, penalty or any other amount payable as determined by a proper officer in pursuance of any proceedings under the Act or as ascertained by the said person;
\n(c) the amount of tax and interest payable as a result of mismatch under section 42 or section 43 or section 50; or
\n(d) any amount of interest that may accrue from time<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(7) A registered person shall, upon noticing any discrepancy in his electronic liability ledger, communicate the same to the officer exercising jurisdiction in the matter, through the common portal in FORM GST PMT-04.
\n86. Electronic Credit Ledger.- (1) The electronic credit ledger shall be maintained in FORM GST PMT-02 for each registered person eligible for input tax credit under the Acton the common portal and every claim of input tax credit under the Act shall be credited to the said ledger.
\n(2) The electronic credit ledger shall be debited to the extent of discharge of any liability in accordance with the provisions of section 49.
\n(3) Where a registered person has claimed refund of any unutil<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n87. Electronic Cash Ledger.-(1) The electronic cash ledger under sub-section (1) of section 49 shall be maintained in FORM GST PMT-05 for each person, liable to pay tax, interest, penalty, late fee or any other amount, on the common portal for crediting the amount deposited and debiting the payment there from towards tax, interest, penalty, fee or any other amount.
\n(2) Any person, or a person on his behalf, shall generate a challan in FORM GST PMT-06 on the common portal and enter the details of the amount to be deposited by him towards tax, interest, penalty, fees or any other amount.
\n(3) The deposit under sub-rule (2) shall be made through any of the following modes, namely:-
\n(i) Internet Banking through authorised banks;
\n(ii) Credit card or Debit card through the authorised bank;
\n(iii) National Electronic Fund Transfer or Real Time Gross Settlement from any bank; or
\n(iv) Over the Counter payment through authorised banks for deposits up to ten thousand<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(4) Any payment required to be made by a person who is not registered under the Act, shall be made on the basis of a temporary identification number generated through the common portal.
\n(5) Where the payment is made by way of National Electronic Fund Transfer or Real Time Gross Settlement mode from any bank, the mandate form shall be generated along with the challan on the common portal and the same shall be submitted to the bank from where the payment is to be made:
\nProvided that the mandate form shall be valid for a period of fifteen days from the date of generation of challan.
\n(6) On successful credit of the amount to the concerned government account maintained in the authorised bank, a Challan Identification Number shall be generated by the collecting bank and the same shall be indicated in the challan.
\n(7) On receipt of the Challan Identif<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(11) If the refund so claimed is rejected, either fully or partly, the amount debited under sub-rule (10), to the extent of rejection, shall be credited to the electronic cash ledger by the proper officer by an order made in FORM GST PMT-03.
\n(12) A registered person shall, upon noticing any discrepancy in his electronic cash ledger, communicate the same to the officer exercising jurisdiction in the matter, through the common portal in FORM GST PMT-04.
\nExplanation 1.- The refund shall be deemed to be rejected if the appeal is finally rejected.
\nExplanation 2.- For the purpose of this rule, it is hereby clarified that a refund shall be deemed to be rejected, if the appeal is finally rejected or if the claimant gives an undertaking to the proper officer that he shall not file an appeal.
\n88. Identification number for each transaction.-(1) A unique identification number shall be generated at the common portal for each debi<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nProvided further that in respect of supplies to a Special Economic Zone unit or a Special Economic Zone developer, the application for refund shall be filed by the –
\n(a) supplier of goods after such goods have been admitted in full in the Special Economic Zone for authorised operations, as endorsed by the specified officer of the Zone;
\n(b) supplier of services along with such evidence regarding receipt of services for authorised operations as endorsed by the specified officer of the Zone:
\nProvided also that in respect of supplies regarded as deemed exports, the application shall be filed by the recipient of deemed export supplies:
\nProvided also that refund of any amount, after adjusting the tax payable by the applicant out of the advance tax deposited by him und<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(d) a statement containing the number and date of invoices as provided in rule 46 along with the evidence regarding the endorsement specified in the second proviso to sub-rule (1) in the case of the supply of goods made to a Special Economic Zone unit or a Special Economic Zone developer;
\n(e) a statement containing the number and date of invoices, the evidence regarding the endorsement specified in the second proviso to sub-rule (1) and the details of payment, along with the proof thereof, made by the recipient to the supplier for authorised operations as defined under the Special Economic Zone Act, 2005, in a case where the refund is on account of supply of services made to a Special Economic Zone unit or a Special Economic Zone developer;
\n(f) a declaration to the effect that the Special Economic Zone unit or the Special Economic Zone developer has not availed the input tax credit o<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(k) a statement showing the details of the amount of claim on account of excess payment of tax;
\n(l) a declaration to the effect that the incidence of tax, interest or any other amount claimed as refund has not been passed on to any other person, in a case where the amount of refund claimed does not exceed two lakh rupees:
\nProvided that a declaration is not required to be furnished in respect of the cases covered under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54;
\n(m) a Certificate in Annexure 2 of FORM GST RFD-01 issued by a chartered accountant or a cost accountant to the effect that the incidence of tax, interest or any other amount claimed as refund has not been passed on to any other person, in a case where the amount of refund claimed exceeds two lakh rupees:
\nProvided that a certificate is not required<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nRefund Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply of services) x Net ITC \/Adjusted Total Turnover
\nWhere,-
\n(A) “Refund amount” means the maximum refund that is admissible;
\n(B) “Net ITC” means input tax credit availed on inputs and input services during the relevant period;
\n(C) “Turnover of zero-rated supply of goods” means the value of zero-rated supply of goods made during the relevant period without payment of tax under bond or letter of undertaking;
\n(D) “Turnover of zero-rated supply of services” means the value of zero-rated supply of services made without payment of tax under bond or letter of undertaking, calculated in the following manner, namely:-
\nZero-rated supply of services is the aggregate of the payments received during the relevant period for zero-rated supply of services and zero-rated supply of services where supply has been completed for which payment had been received in advance in an<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(2) The application for refund, other than claim for refund from electronic cash ledger, shall be forwarded to the proper officer who shall, within a period of fifteen days of filing of the said application, scrutinize the application for its completeness and where the application is found to be complete in terms of sub-rule (2), (3) and (4)of rule 89, an acknowledgement in FORM GST RFD-02 shall be made available to the applicant through the common portal electronically, clearly indicating the date of filing of the claim for refund and the time period specified in sub-section (7) of section 54 shall be counted from suc<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(3) The proper officer shall issue a payment advice in FORM GST RFD-05 for the amount sanctioned under sub-rule (2) and the same shall be electronically credited to any of the bank accounts of the applicant mentioned in his registration particulars and as specified in the application for refund.
\n92. Order sanctioning refund.-(1)Where, upon examination of the application, the proper officer is satisfied that a refund under sub-section (5) of section 54 is due and paya<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nProvided that no application for refund shall be rejected without giving the applicant an opportunity of being heard.
\n(4) Where the proper officer is satisfied that the amount refundable under sub-rule (1) or sub-rule (2) is payable to the applicant under sub-section (8) of section 54, he shall make an order in FORM GST RFD-06 and issue a payment advice in FORM GST RFD-<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nExplanation.- For the purposes of this rule, a refund shall be deemed to be rejected, if the appeal is finally rejected or if the claimant gives an undertaking in writing to the proper officer that he shall not file an appeal.
\n94. Order sanctioning interest on delayed refunds.-Where any interest is due and payable to the applicant under section 56, the proper officer shall make an order along witha payment advice in FORM GST RFD-05, specifying therein the amount of refund which is delayed, the period of delay for which interest is payable and the amount of interest payable, and such amount of interest shall be electronically credited to any of the bank accounts of the applicant mentioned in his registration particulars and as specified in the application for refund.
\n95. Refund of tax to certain persons.-(1) Any person eligible to claim refund of tax paid by him on his inward supplies as per notification issued section 55 shall apply for refund in FORM GST RFD-10 once in every <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(5) Where an express provision in a treaty or other international agreement, to which the President or the Government of India is a party, is inconsistent with the provisions of this Chapter, such treaty or international agreement shall prevail.
\n96. Refund of integrated tax paid on goods exported out of India.-(1) The shipping bill filed by an exporter shall be deemed to be an application for refund of integrated tax paid on the goods exported out of India and such application shall be deemed to have been filed only when:-
\n(a) the person in charge of the conveyance carrying the export goods duly files an export manifest or an export report covering the number and the date of shipping bills or bills of export; and
\n(b) the applicant has furnished a valid return in FORM GSTR-3;
\n(2) The details of the relevant export invoices contained in FORM GSTR-1 shall be transmitted electr<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(b) the proper officer of Customs determines that the goods were exported in violation of the provisions of the Customs Act, 1962.
\n(5) Where refund is withheld in accordance with the provisions of clause (a) of sub-rule (4), the proper officer of integrated tax at the Customs station shall intimate the applicant and the jurisdictional Commissioner of central tax, State tax or Union territory tax, as the case may be, and a copy of such intimation shall be transmitted to the common portal.
\n(6) Upon transmission of the intimation under sub-rule (5), the proper officer of central tax or State tax or Union territory tax, as the case may be, shall pass an order in Part B of FORM GST RFD-07.
\n(7) Where the applicant becomes entitled to refund of the amount withheld under clause (a) of sub-rule (4), the concerned jurisdictional officer of central tax, State tax or Union territory tax, as the case may be, shall proceed to refund the amount after passing an order in FORM GST RF<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(5) The Committee shall meet as and when necessary, but not less than once in three months.
\n(6) Any agency or organisation engaged in consumer welfare activities for a period of three years registered under the provisions of the Companies Act, 2013 (18 of 2013) or under any other law for the time being in force, including village or mandal or samiti level co-operatives of consumers especially Women, Scheduled Castes and Scheduled Tribes, or any industry as defined in the Industrial Disputes Act, 1947 (14 of 1947) recommended by the Bureau of Indian Standards to be engaged for a period of five years in viable and useful research activity which has made, or is likely to make, significant contribution in formulation of standard mark of the products of mass consumption, the Central Government or <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(c) to get the accounts of the applicants audited, for ensuring proper utilisation of the grant;
\n(d) to require any applicant, in case of any default, or suppression of material information on his part, to refund in lump-sum, the sanctioned grant to the Committee, and to be subject to prosecution under the Act;
\n(e) to recover any sum due from any applicant in accordance with the provisions of the Act;
\n(f) to require any applicant, or class of applicants to submit a periodical report, indicating proper utilisation of the grant;
\n(g) to reject an application placed before it on account of factual inconsistency, or inaccuracy in material particulars;
\n(h) to recommend minimum financial assistance, by way of grant to an applicant, having regard to his financial status, and importance and utility of nature of activity under pursuit, after ensuring that the financi<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(2) The proper officer may, on receipt of the application under sub-rule (1), issue a notice in FORM GST ASMT-02 requiring the registered person to furnish additional information or documents in support of his request and the applicant shall file a reply to the notice in FORM GST ASMT – 03, and may appear in person before the said officer if he so desires.
\n(3) The proper officer shall issue an order in FORM GST ASMT-04, allowing payment of tax on a provisional basis indicating the value or the rate or both on the basis of which the assessment is to be allowed on a provisional basis and the amount for which the bond is to be executed and security to be furnished not exceeding twenty five per cent. of the amount covered under the bond.
\n(4) The registered person shall execute a bond in accordance with the provisions of sub-section (2) of section 60 in FORM GST ASMT-05along with a s<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(7) The proper officer shall release the security furnished under sub-rule (4), after ensuring that the applicant has paid the amount specified in sub-rule (5) and issue an order in FORM GST ASMT-09within a period of seven working days from the date of receipt of the application under sub-rule (6).
\n99. Scrutiny of returns.- (1) Where any return furnished by a registered person is selected for scrutiny, the proper officer shall scrutinize the same in accordance with the provisions of section 61 with reference to the information available with him, and in case of any discrepancy, he shall issue a notice to the said person in FORM GST ASMT-10, informing him of such discrepancy and seeking his explanation thereto within such time, not exceeding thirty days from the date of service of the notice or such further period as may be permitted by him and also, where possible, quantifying the amount of tax, interest and any other amount payable in relation to such d<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(4) The person referred to in sub-section (2) of section 64 may file an application for withdrawal of the summary assessment order in FORM GST ASMT-17.
\n(5) The order of withdrawal or, as the case may be, rejection of the application under sub-section (2) of section 64 shall be issued in FORM GST ASMT-18.
\n101. Audit.- (1) The period of audit to be conducted under sub-section (1) of section 65 shall be a financial year or multiples thereof.
\n(2) Where it is decided to undertake the audit of a registered person in accordance with the provisions of section 65, the proper officer shall issue a notice in FORM GST ADT-01in accordance with the provisions of sub-section (3) of the said section.
\n(3) The proper officer authorised to conduct audit of the records and books of account of the registered person shall, with the assistance of the team of officers and officials accompa<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(2) On conclusion of special audit, the registered person shall be informed of the findings of special audit in FORM GST ADT-04.
\nChapter – XII
\nADVANCE RULING
\n103. Qualification and appointment of members of the Authority for Advance Ruling.-The Central Government and the State Government shall appoint officer in the rank of Joint Commissioner as member of the Authority for Advance Ruling.
\n104. Form and manner of application to the Authority for Advance Ruling.- (1)An application for obtaining an advance ruling under sub-section (1) of section 97 shall be made on the common portal in FORM GST ARA-01 and shall be accompanied by a fee of five thousand rupees, to be deposited in the manner specified in secti<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(3) The appeal referred to in sub-rule (1) or sub-rule (2), the verification contained therein and all relevant documents accompanying such appeal shall be signed, –
\n(a) in the case of the concerned officer or jurisdictional officer, by an officer authorised in writing by such officer; and
\n(b) in the case of an applicant, in the manner specified in rule 26.
\n107. Certification of copies of the advance rulings pronounced by the Authority. – A copy of the advance ruling pronounced by the Appellate Authority for Advance Ruling and duly signed by the Members shall be sent to-
\n(a) the applicant and the appellant;
\n(b) the concerned officer of central tax and State or Union territory tax;
\n(c) the jurisdictional officer of central tax and State or Union territory tax; and
\n(d) the Authority,
\nin accordance with the provisions of sub-section (4) of section 101 of the Act.
\nChapter – XIII
\nAPPEALS AND REVISION
\n108. Appeal to t<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nExplanation.- For the provisions of this rule, the appeal shall be treated as filed only when the final acknowledgement, indicating the appeal number is issued.
\n109. Application to the Appellate Authority.- (1) An application to the Appellate Authority under sub-section (2) of section 107 shall be made in FORM GST APL-03,along with the relevant documents, either electronically or otherwise as may be notified by the Commissioner.
\n(2) A certified copy of the decision or order appealed against shall be submitted within seven days of the filing the application under sub-rule (1) and an appeal number shall be generated by the Appellate Authority or an officer authorised by him in this behalf.
\n110. Appeal to the Appellate Tribunal.- (1) An appeal to the Appellate Tribunal under sub-section (1) of section 112 shall be filed along with the rele<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nExplanation.- For the purposes of this rule, the appeal shall be treated as filed only when the final acknowledgement indicating the appeal number is issued.
\n(5) The fees for filing of appeal or restoration of appeal shall be one thousand rupees for every one lakh rupees of tax or input tax credit involved or the difference in tax or input tax credit involved or the amount of fine, fee or penalty determined in the order appealed against, subject to maximum of twenty five thousand rupees.
\n(6) There shall be no fee for application made before the Appellate Tribunal for rectification of errors referred to in sub-section (10) of section 112.
\n111. Application to the Appellate Tribunal.- (1) An application to the Appellate Tribunal under sub-section (3) of section 1<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(c) where the appellant was prevented by sufficient cause from producing before the adjudicating authority or, as the case may be, the Appellate Authority any evidence which is relevant to any ground of appeal; or
\n(d) where the adjudicating authority or, as the case may be, the Appellate Authority has made the order appealed against without giving sufficient opportunity to the appellant to adduce evidence relevant to any ground of appeal.
\n(2) No evidence shall be admitted under sub-rule (1) unless the Appellate Authority or the Appellate Tribunal records in writing the reasons for its admission.
\n(3) The Appellate Authority or the Appellate Tribunal shall not take any evidence produced under sub-rule (1) unless the adjudicating authority or an officer authorised in this behalf by the said authority has been allowed a reasonable opportunity –
\n(a)<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(2) The grounds of appeal and the form of verification as contained in FORM GST APL-08 shall be signed in the manner specified in rule 26.
\n115. Demand confirmed by the Court.- The jurisdictional officer shall issue a statement in FORM GST APL-04 clearly indicating the final amount of demand confirmed by the High Court or, as the case may be, the Supreme Court.
\n116. Disqualification for misconduct of an authorised representative.- Where an authorised representative, other than those referred to in clause (b) or clause (c) of sub-section (2) of section 116 is found, upon an enquiry into the matter, guilty of misconduct in connection with any proceedings under the Act, the Commissioner may, after providing him an opportunity of being heard, disqualify him from appearing as an authorised representative.
\nChapter XIV
\nTRANSITIONAL PROVISIONS
\n117. Tax or duty credit carried forward under any existing law or on goods held in stock on the appointed day.-(1) Every registered person ent<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(2) Every declaration under sub-rule (1) shall-
\n(a) in the case of a claim under sub-section (2) of section140, specify separately the following particulars in respect of every item of capital goods as on the appointed day-
\n(i) the amount of tax or duty availed or utilized by way of input tax credit under each of the existing laws till the appointed day; and
\n(ii) the amount of tax or duty yet to be availed or utilized by way of input tax credit under each of the existing laws till the appointed day;
\n(b) in the case of a claim under sub-section (3) or clause (b) of sub-section (4) or sub-section (6) or sub-section (8) of section 140, specify separately the details of stock held on the appointed day;
\n(c) in the case of a claim under sub-section (5) of section 140, furnish the following details, namely:-
\n(i) the name of the supplier, serial number and date of issue of the invoice by the supplier or any document<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(ii) The credit referred to in sub-clause (i) shall be allowed at the rate of sixty per cent. on such goods which attract State tax at the rate of nine per cent. or more and forty per cent. for other goods of the State tax applicable on supply of such goods after the appointed date and shall be credited after the State tax payable on such supply has been paid:
\nProvided that where integrated tax is paid on such goods, the amount of credit shall be allowed at the rate of thirty per cent. and twenty per cent. respectively of the said tax.
\n(iii) The scheme shall be available for six tax periods from the appointed date.
\n(b) Such credit of State tax shall be availed subject to satisfying the following conditions, namely:-
\n(i) such goods were not wholly exempt from tax under the Gujarat Value Added Tax Act, 2003 (Guj.1 of 2005);
\n(ii)<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n119. Declaration of stock held by a principal and agent.- Every person to whom the provisions of sub-section 14 of section 142 apply shall, within ninety days of the appointed day, submit a declaration electronically in FORM GST TRAN-1, specifying therein, the stock of the inputs, semi-finished goods or finished goods, as applicable, held by him on the appointed day.
\n120. Details of goods sent on approval basis.-Every person having sent goods on approval under the existing law and to whom sub-section (12) of section 142 applies shall, within ninety days of the appointed day, submit details of such goods sent on approval in FORM GST TRAN-1.
\n121. Recovery of credit wrongly availed.-The amount credited under sub-rule (3) of rule 11<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(b) one officer of the Central Government, to be nominated by the Chief Commissioner.
\n124. Appointment, salary, allowances and other terms and conditions of service of the Chairman and Members of the Authority:-(1) The Chairman and Members of the Authority shall be appointed by the Central Government on the recommendations of a Selection Committee to be constituted for the purpose by the Council
\n(2) The Chairman shall be paid a monthly salary of Rs. 2,25,000 (fixed) and other allowances and benefits as are admissible to a Central Government officer holding posts carrying the same pay:
\nProvided that where a retired officer is selected as a Chairman, he shall be paid a monthly salary of Rs. 2,25,000 reduced by the amount of pension.
\n(3) The Technical Member shall be paid a monthly salary of Rs. 2,05,400 (fixed) and shall be entitled to draw allowances as are admissible to a Government of India officer holding Group 'A' post carrying the same pay:
\nPr<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n127. Duties of the Authority.- It shall be the duty of the Authority,-
\n(i) to determine whether any reduction in rate of tax on any supply of goods or services or the benefit of the input tax credit has been passed on to the recipient by way of commensurate reduction in prices;
\n(ii) to identify the registered person who has not passed on the benefit of reduction in rate of tax on supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices;
\n(iii) to order,
\n(a) reduction in prices;
\n(b) return to the recipient, an amount equivalent to the amount not passed on by way of commensurate reduction in <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n(2) All applications from interested parties on issues of local nature shall first be examined by the State level Screening Committee and the Screening Committee shall, upon being satisfied that the supplier has contravened the provisions of section 171, forward the application with its recommendations to the Standing Committee for further action.
\n129. Initiation and conduct of proceedings.-(1) Where the Standing Committee is satisfied that there is a prima-facie evidence to show that the supplier has not passed on the benefit of reduction in rate of tax on the supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices, it shall refer the matter to Director General of Safeguards for a detailed investigation.
\n(2) The Director General of Safeguards shall conduct investigation and<\/p>\n