[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]
Government of India
Ministry of
Finance
(Department of Revenue)
Central Board of Indirect Taxes and Customs
Notification No. 31/2019 - Central Tax
(Amendment
History)
New Delhi, the 28th June, 2019
G.S.R……(E). - In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:-
1. (1) These rules may be called the Central Goods and Services Tax (Fourth Amendment) Rules, 2019.
(2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the official gazette.
2. In the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), after rule 10, the following rule shall be inserted, namely: -
“10A. Furnishing of Bank Account Details.-After a certificate of registration in FORM GST REG-06 has been made available on the common portal and a Goods and Services Tax Identification Number has been assigned, the registered person, except those who have been granted registration under rule 12 or, as the case may be rule 16, shall as soon as may be, but not later than forty five days from the date of grant of registration or the date on which the return required under section 39 is due to be furnished, whichever is earlier, furnish information with respect to details of bank account, or any other information, as may be required on the common portal in order to comply with any other provision.”.
3. In the said rules, in rule 21, after clause (c), the following clause shall be inserted, namely:- “(d) violates the provision of rule 10A.”.
4. In the said rules, after rule 32, with effect from the 1st day of July, 2019, the following rule shall be inserted, namely: -
“32A. Value of supply in cases where Kerala Flood Cess is applicable.- The value of supply of goods or services or both on which Kerala Flood Cess is levied under clause 14 of the Kerala Finance Bill, 2019 shall be deemed to be the value determined in terms of section 15 of the Act, but shall not include the said cess.”.
5. In the said rules, in
rule 46, after the fifth proviso, with
effect from a date to be notified later, the following proviso shall be
inserted, namely:-
“Provided also that the Government may, by notification, on the recommendations
of the Council, and subject to such conditions and restrictions as mentioned
therein, specify that the tax invoice shall have Quick Response (QR) code.”.
6. In the said rules, in
rule 49, after the third proviso, with
effect from a date to be notified later, the following proviso shall be
inserted, namely:-
“Provided also that the Government may, by notification, on the recommendations
of the Council, and subject to such conditions and restrictions as mentioned
therein, specify that the bill of supply shall have Quick Response (QR) code.”.
7. In the said rules, in
rule 66, in sub-rule (2),-
(a) for the words, letters and figures "suppliers in Part C of
FORM GSTR-2A and
FORM-GSTR-4A" the word "deductees"
shall be substituted;
(b) the words "the due date of shall be omitted;
(c) after the words, letters and figures "
FORM GSTR-7" the words "for claiming the
amount of tax deducted in his electronic cash ledger after validation" shall be
inserted.
8. In the said rules, rule 67, in
sub-rule (2),-
(a) the words, letters and numbers "in Part C of
FORM GSTR-2A" shall be omitted;
(b) the words "the due date of" shall be omitted;
(c) after the words, letters and figures "FORM
GSTR-8" the words "for claiming the amount of tax collected in his
electronic cash ledger after validation" shall be inserted.
9. In the said rules, in rule 87,-
(a) in sub-rule (2), the second proviso shall be omitted.
(b) in sub-rule (9),-
(i) the words, letters and figures "in
FORM GSTR-02" shall be omitted;
(ii) the words and figures "in accordance with the provisions
of rule 87" shall be omitted.
(c) after sub-rule (12), with effect from a date to be notified later, the
following sub-rule shall be inserted, namely:-
"(13) A registered person may, on the common portal, transfer any amount of tax,
interest, penalty, fee or any other amount available in the electronic cash
ledger under the Act to the electronic cash ledger for integrated tax, central
tax, State tax or Union territory tax or cess in
FORM GST PMT-09.".
10. In the said rules, in rule 91, in
sub-rule (3), with effect from a date to be notified later, at all the places
where they occur, for the words "payment advice", the words "payment order"
shall be substituted.
11. In the said rules, in rule 92, with
effect from a date to be notified later,-
(a) in sub-rule (4), at all the places where they occur, for the words "payment
advice", the words "payment order" shall be substituted;
(b) in sub-rule (4), after the words "application for refund", the words "on the
basis of a consolidated payment advice" shall be inserted;
(c) after sub-rule (4), the following sub-rule shall be inserted, namely:-
"(4A) The Central Government shall disburse the refund based on the consolidated
payment advice issued under sub-rule (4).";
(d) in sub-rule (5), for the words " an advice", the words "a payment order"
shall be
substituted.
12. In the said rules, in rule 94, with
effect from a date to be notified later, for the words "payment advice", the
words "payment order" shall be substituted.
13. In the said rules, after rule 95,
with effect from the 1st day of July,2019, the following rule shall be inserted,
namely: -
"95A. Refund of taxes to the retail outlets established in departure area of
an international Airport beyond immigration counters making tax free supply to
an outgoing international tourist.-
(1) Retail outlet established in departure area of an international airport,
beyond the immigration counters, supplying indigenous goods to an outgoing
international tourist who is leaving India shall be eligible to claim refund of
tax paid by it on inward supply of such goods.
(2) Retail outlet claiming refund of the taxes paid on his inward supplies,
shall furnish the application for refund claim in
FORM GST RFD- 10B on a monthly or
quarterly basis, as the case may be, through the common portal either directly
or through a Facilitation Centre notified by the Commissioner.
(3) The self-certified compiled information of invoices issued for the supply
made during the month or the quarter, as the case may be, along with concerned
purchase invoice shall be submitted along with the refund application.
(4) The refund of tax paid by the said retail outlet shall be available if-
(a) the inward supplies of goods were received by the said
retail outlet from a registered person against a tax invoice;
(b) the said goods were supplied by the said retail outlet to
an outgoing international tourist against foreign exchange without charging any
tax;
(c) name and Goods and Services Tax Identification Number of
the retail outlet is mentioned in the tax invoice for the inward supply; and
(d) such other restrictions or conditions, as may be
specified, are satisfied.
(5) The provisions of rule 92 shall,
mutatis mutandis, apply for the sanction and payment of refund under this rule.
Explanation.- For the purposes of this rule, the expression "outgoing
international tourist" shall mean a person not normally resident in India, who
enters India for a stay of not more than six months for legitimate non-immigrant
purposes.".
14. In the said rules, in rule 128,-
(a) in sub-rule (1), after the words "receipt of a written application," the
words "or within such extended period not exceeding a further period of one
month for reasons to be recorded in writing as may be allowed by the Authority,"
shall be inserted;
(b) in sub-rule (2),-
i. after the words "All applications from interested parties on issues of local
nature" the words, "or those forwarded by the Standing Committee" shall be
inserted;
ii. after the words "the State level Screening Committee and the Screening
Committee shall," the words "within two months from the date of receipt of a
written application, or within such extended period not exceeding a further
period of one month for reasons to be recorded in writing as may be allowed by
the Authority," shall be inserted.
15. In the said rules, in rule 129, in
sub-rule (6), for the word "three" used in the phrase "shall complete the
investigation within a period of three months", the word "six" shall be
substituted.
16. In the said rules, in rule 132, in
sub-rule (1), before the words "Director General of Anti-profiteering" the word
"Authority," shall be inserted.
17. In the said rules, in rule 133,-
(a) in sub-rule (1), for the word "three" the word "six" shall be substituted;
(b) after sub-rule (2), the following sub-rule shall be inserted, namely:-
"(2A) The Authority may seek the clarification, if any, from the Director
General of Anti Profiteering on the report submitted under sub-rule (6) of
rule 129 during the process of
determination under sub-rule (1).";
(c) in sub-rule (3), in clause (c), after the words "fifty per cent. of the
amount determined under the above clause", the words "along with interest at the
rate of eighteen per cent. from the date of collection of the higher amount till
the date of deposit of such amount" shall be inserted;
(d) in sub-rule (3), in the Explanation, after the words "the expression,
"concerned State" means the State", the words, "or Union Territory" shall be
inserted;
(e) after sub-rule (4), the following sub-rule shall be inserted, namely:-
"(5) (a) Notwithstanding anything contained in sub-rule (4), where upon receipt
of the report of the Director General of Anti-profiteering referred to in
sub-rule (6) of rule 129, the
Authority has reasons to believe that there has been contravention of the
provisions of section 171 in
respect of goods or services or both other than those covered in the said
report, it may, for reasons to be recorded in writing, within the time limit
specified in sub-rule (1), direct the Director General of Anti-profiteering to
cause investigation or inquiry with regard to such other goods or services or
both, in accordance with the provisions of the Act and these rules.
(b) The investigation or enquiry under clause (a) shall be deemed to be a new
investigation or enquiry and all the provisions of
rule 129 shall mutatis mutandis apply
to such investigation or enquiry.".
18. In the said rules, in rule 138, in
sub-rule (10),-
(a) in the Table, in column (3), against serial no. 1 to serial no. 4, after the
words "Over Dimensional Cargo", the words "or multimodal shipment in which at
least one leg involves transport by ship" shall be inserted;
(b) after the second proviso, the following proviso shall be inserted, namely:-
"Provided also that the validity of the e-way bill may be extended within eight
hours from the time of its expiry.".
19. In the said rules, in rule 138E,
in sub-clause (a),-
(a) after the words "being a person paying tax under
section 10" the words and
figures "or availing the benefit of notification of the Government of India,
Ministry of Finance, Department of Revenue No.
02/2019- Central Tax (Rate), dated the 7th March, 2019, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R. 189, dated the 7th March, 2019," shall be inserted;
(b) for the word "returns" the words, letters and figures "statement in
FORM GST CMP-08" shall be substituted;
(c) for the words "tax periods" the word "quarters" shall be substituted.
20. In the said rules, in FORM GST REG-01,
in the Table appended to "List of Documents to be uploaded", against serial no.
4, in the heading, after the words "Bank Account Related Proof, the words ",
where details of such Account are furnished:" shall be inserted.
21. In the said rules, in FORM GST REG-07,
in PART-B, after entry 12, the following entry shall be inserted,
namely:-
"12A. Details of Bank Accounts (s) [Optional] Total number of Bank Accounts
maintained by the applicant (Upto 10 Bank Accounts to be reported)
Details of Bank Account 1
Total number of Bank Accounts maintained by the applicant (Upto 10 Bank Accounts to be reported) |
Details of Bank Account 1
Account Number | |||||||||||||||
Type of Account | IFSC | ||||||||||||||
Bank Name | |||||||||||||||
Branch Address | To be auto-populated (Edit mode) |
Note-Add more bank accounts”.
22. In the said rules, in FORM GST REG-12, after entry 12, the following entry shall be inserted, namely:-
“13. Details of Bank Accounts (s) [Optional]
Total number of Bank Accounts maintained by the applicant (Upto 10 Bank Accounts to be reported) |
Details of Bank Account 1
Account Number | |||||||||||||||
Type of Account | IFSC | ||||||||||||||
Bank Name | |||||||||||||||
Branch Address | To be auto-populated (Edit mode) |
Note-Add more bank accounts”.
23. In the said rules, for FORM GSTR-4, the following form shall be substituted, namely:-
“FORM GSTR-4
[See rule 62]
Return for financial year of registered person who has opted for composition levy or availing benefit of notification No. 02/2019- Central Tax (Rate)
Year |
1. | GSTIN | ||||||||||||||||
2. | (a) | Legal name of the registered person |
<Auto> |
||||||||||||||
(b) | Trade name, if any |
<Auto> |
|||||||||||||||
3. | (a) | Aggregate turnover in the preceding Financial Year (Auto populated) | |||||||||||||||
(b) | ARN |
<Auto>(after filing)> |
|||||||||||||||
(c) | Date of ARN |
<Auto> |
4. Inward supplies including supplies on which tax is to be paid on reverse charge
GSTIN of supplier |
Invoice details |
Rate | Taxable value | Amount of Tax | Place of supply (Name of State/UT) | |||||
No. | Date | Value | Integrated Tax | Central Tax | State/UT Tax | CESS | ||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
4A. Inward supplies received from a registered supplier (other than supplies attracting reverse charge) | ||||||||||
4B. Inward supplies received from a registered supplier (attracting reverse charge) | ||||||||||
4C. Inward supplies received from an unregistered supplier | ||||||||||
4D. Import of service | ||||||||||
5. Summary of self-assessed
liability as per FORM GST CMP-08
(Net of advances, credit and debit notes and any other adjustment due to
amendments etc.)
Sr. No. | Description | Value | Amount of tax | |||
Integrated tax | Central tax | State/ UT tax | Cess | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 |
1. | Outward supplies (including exempt supplies) | <Auto> | <Auto> | <Auto> | <Auto> | <Auto> |
2. | Inward supplies attracting reverse charge including import of services | <Auto> | <Auto> | <Auto> | <Auto> | <Auto> |
3. | Tax paid (1+2) | <Auto> | <Auto> | <Auto> | <Auto> | <Auto> |
4. | Interest paid, if any | <Auto> | <Auto> | <Auto> | <Auto> | <Auto> |
6. Tax rate wise details of outward supplies /
inward supplies attracting reverse charge during the year
(Net of advances, credit and debit notes and any other adjustment due to
amendments etc.)
Sr. No. | Type of supply (Outward/ Inward) | Rate of tax (%) | Value | Amount of tax | |||
Integrated tax | Central tax | State/ UT tax | Cess | ||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
<Auto> | <Auto> | <Auto> | <Auto> | ||||
<Auto> | <Auto> | <Auto> | <Auto> | ||||
<Auto> | <Auto> | <Auto> | <Auto> | ||||
<Auto> | <Auto> | <Auto> | <Auto> |
7. TDS/TCS Credit received
GSTIN of Deductor / ecommerce operator | Gross Value | Amount | |
Central Tax | State/UT Tax | ||
1 | 2 | 3 | 4 |
8. Tax, interest, late fee payable and paid
Sr. No. | Type of tax | Tax amount payable (As per table 6) | Tax Amount already paid (Through FORM GST CMP-08 ) | Balance amount of tax payable, if any (3-4) | Interest payable | Interest paid | Late fee payable | Late fee paid |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
1. | Integrated tax | <Auto> | <Auto> | <Auto> | ||||
2. | Central tax | <Auto> | <Auto> | <Auto> | ||||
3. | State/UT tax | <Auto> | <Auto> | <Auto> | ||||
4. | Cess | <Auto> | <Auto> | <Auto> |
9. Refund claimed from Electronic cash ledger
Description | Tax | Interest | Penalty | Fee | Other | Debit Entry Nos. |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
(a) Integrated tax | ||||||
(b) Central Tax | ||||||
(c) State/UT Tax | ||||||
(d) Cess | ||||||
Bank Account Details (Drop Down) |
Verification
I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.
Signature of Authorised Signatory
Place Name of Authorised Signatory
Date Designation /Status
Instructions:-
1. Terms used:
(a) GSTIN: Goods and Services Tax Identification Number
(b) TDS: Tax Deducted at Source
(c) TCS : Tax Collected at Source
2. The details in FORM GSTR-4, for
every financial year or part thereof, should be furnished till the thirtieth day
of April following the end of such financial year.
3. Aggregate turnover of the taxpayer for the immediate preceding financial year
would be auto-populated.
4. Table 4 to capture information, on a consolidated basis, related to inward
supplies, rate-wise, GSTIN wise:
(i) Table 4A to capture inward supplies from registered supplier other
than those attracting reverse charge;
(ii) Table 4B to capture inward supplies from registered supplier
attracting reverse charge;
(iii) Table 4C to capture supplies from unregistered supplier;
(iv) Table 4D to capture import of services.
5. Table 5 to capture details (and adjustments thereof) of outward supplies
(including exempt supplies) and inward supplies attracting reverse charge
including import of services as declared earlier in
FORM GST CMP-08 during the financial
year.
6. TDS/TCS credit received from deductor/e-commerce operator would be
auto-populated in Table 7."
24. In the said rules, in FORM GSTR-9,-
(a) in the Table, in serial no. 8, in column 2, in row C, for the words and
figures "to September, 2018", the figures and word "2018 to March 2019" shall be
substituted;
(b) in the Table, in Pt. V, in column 2, in the heading, for the words and
letters "previous FY declared in returns of April to September of current FY or
upto date of filing of annual return of previous FY whichever is earlier", the
letters, figures and words "FY 2017-18 declared in returns between April 2018
till March 2019" shall be substituted;
(c) in instructions, serial no. 3 shall be omitted;
(d) in instructions, in serial no. 4, after the sentence ending with "declared
in this part.", the following words, letters and figures shall be inserted,
namely:-
"It may be noted that additional liability for the FY 2017-18 not declared in
FORM GSTR-1 and
FORM GSTR-3B may be declared in this
return. However, taxpayers cannot claim input tax credit unclaimed during FY
2017-18 through this return." ;
(e) In the instructions, in serial no. 5, in the Table, in column 2,-
(i) against serial no. 8A, after the words, letters and figures "corresponding
suppliers in their FORM GSTR-1.", the
following words, letters and figures shall be inserted, namely:-
"It may be noted that the FORM GSTR-2A
generated as on the 1st May, 2019 shall be auto-populated in this table.";
(ii) against serial no. 8C, for the words "to September 2018", the figures and
words "2018 to March 2019" shall be substituted;
(f) in the instructions, in serial no. 7,-
(i) for the words, letters, brackets and figures "of April to September of
current FY or date of filing of Annual Return for previous financial year (for
example in the annual return for the FY 2017-18, the transactions declared in
April to September 2018 for the FY 2017-18 shall be declared), whichever is
earlier", the words and figures "between April 2018 to March 2019" shall be
substituted;
(ii) in the Table, in column 2-
(A) against serial no. 10 & 11, for the words "to September of the current
financial year or date of filing of Annual Return for the previous financial
year, whichever is earlier", the figures and words "2018 to March 2019" shall be
substituted;
(B) against serial no. 12, for the words "to September of the current financial
year or date of filing of Annual Return for the previous financial year,
whichever is earlier", the figures and words "2018 to March 2019" shall be
substituted;
(C) against serial no. 13, for the words "to September of the current financial
year or date of filing of Annual Return for the previous financial year
whichever is earlier", the figures and words "2018 to March 2019" shall be
substituted.
25. In the said rules, after FORM GST PMT -07,
with effect from a date to be notified later, the following form shall be
inserted, namely:-
FORM GST PMT -09 Transfer of amount from one account head to another in electronic cash ledger
5. Details of the amount to be transferred from one account head to another
6. Verification Place
Signature Instructions - |
”
26. In the said rules, in FORM GST RFD-05, with effect from a date to be notified later,-
(a) in Line 3 for the word “Advice”,
the word “order” shall be substituted;
(b) in Line 4 for the word “Advice”, the word “order” shall be substituted;
(c) in Line 6, for the words and letters “To
27. In the said rules, after FORM GST RFD - 10, with effect from the 1st day of July, 2019, the following form shall be inserted, namely:-
“
FORM GST RFD-10 B 1. GSTIN:
7. Refund applied for:
8. Details of Bank Account:
9. Declaration: I _______ as an authorized representative of ___________(Name of Duty Free Shop/Duty Paid Shop - retail outlet) hereby solemnly affirm and declare that,- (i) refund has not been
claimed against any of the invoices in respect of outward supplies
submitted with this application. Date:
Signature of Authorized Signatory: Instructions: 1. Application for refund
shall be filed on monthly/quarterly basis depending upon the frequency
of furnishing of return by retail outlets. |
”
28. In the said rules, for
FORM GST DRC-03, the following FORM shall
be substituted, namely:-
“
“FORM GST DRC- 03 Intimation of payment made voluntarily or made against the show cause notice (SCN) or statement
8. Reasons, if any - << Text box>> 9. Verification Signature of Authorized
Signatory
|
”.
[F. No. 20/06/16/2018-GST]
(Ruchi Bisht)
Under Secretary to the Government of India
Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification No. 3/2017-Central Tax, dated the 19th June, 2017, published vide number G.S.R. 610 (E), dated the 19th June, 2017 and last amended vide notification No. 20/2019 - Central Tax, dated the 23rd April, 2019, published vide number G.S.R. 321 (E), dated the 23rd April, 2019.
CGST NOTIFICATION NO. & DATE |
EFFECT OF NOTIFICATION |
RELATED NOTIFICATION NO. & DATE |
RELATED NOTIFICATION NO. & DATE |
31/2019- Central Tax ,Dt.28-06-2019 |
Amend CGST Rules as follows:- New Rule 10A :- Furnish Bank Details with in 45 days from the date of grant of registration Or Due date of Return u/s 39(which ever earlier). Rule 21 :- Registration to be cancelled if violates Rule 10A. Rule 32A :- Value for Kerala flood cess is Value as per Section 15 but not include such Cess. Rule 46 : tax invoice have Quick Response (QR) code from the date to be notified later. Rule 49 : Bill of Supply shall have Quick Response (QR)code from the date to be notified later. Rule 66 : The details of TDS furnished by deductor available to Deductees on common portal after furnishing of GSTR-7 for claiming TDS in Electronic Cash Ledger. Rule 67 : The details of TCS furnished by e-commerce operator available to Supplier on common portal after furnishing of GSTR-8 for claiming TCS in Electronic Cash Ledger. Rule 87:- (i) Option of payment through Board's payment system have been deleted for person supplying OIDAR service. (ii) From the date to be notified later, A registered person transfer any amount of tax, interest, penalty, fee or any other amount available in the electronic cash ledger to the electronic cash ledger for integrated tax, central tax, State tax or Union territory tax or cess in FORM GST PMT-09 on common portal. In Rule 91, rule 92 & 94 from the date to be notified later for the word " Payment Advice" the word "Payment order" shall be substituted. New Rule 95A : w.e.f 01.07.19 New rule relating to "Refund of taxes to the retail outlets established in departure area of an international Airport beyond immigration counters making tax free supply to an outgoing international tourist" shall be inserted. Rule 129: The Director General of Anti-profiteering shall complete the investigation with in 6 month instead of 3 months. Minor changes in Rule 128, Rule 132 & 133. Rule 138:- (i) Validity period for Over dimensional Cargo also applicable on multimodal shipment in which at least one leg involves transport by ship. (ii) Validity Period of EWB may be extended with in 8 hours from the time of expiry of EWB. Rule 138E : Restriction of furnishing of EWB for a person under Composition or in NN/02/2019-C(R) when the such person has not furnished CMP-08 for consecutive two Quarter. Changes in Form REG-01,FORM GST REG-07,,FORM GST REG-12,FORM
GSTR-4,instruction of GSTR-9, |
Notification No.42/2019- Central Tax ,Dt.24.09.2019 Seeks to amend Rule 91, rule 92 & 94 vide Notification No. 31/2019- Central Tax ,Dt.28-06-2019 w.e.f 24.09.2019 | Notification No.71/2019- Central Tax ,Dt. 13.12.2019 Seeks to amend Rule 46 vide Notification No. 31/2019- Central Tax ,Dt.28-06-2019 w.e.f 01-04-2020 i.e. proviso is inserted that Government may, by notification, on the recommendations of the Council, and subject to such conditions and restrictions, specify that the tax invoice shall have Quick Response (QR) code. |