[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. 21/2018 - Central Tax
New Delhi, the 18th April, 2018
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) These rules may be called the Central Goods and Services
Tax (Fourth Amendment) Rules, 2018.
(2) Save as otherwise provided, 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, -
(i) in rule 89, for sub-rule (5), the following shall be
substituted, namely:-
“(5). In the case of refund on account of inverted duty
structure, refund of input tax credit shall be granted as per the following
formula:-
Maximum Refund Amount = {(Turnover of inverted rated
supply of goods and services) x (Net ITC/Adjusted Total Turnover} - tax payable
on such inverted rated supply of goods and services.
Explanation:- For the purposes of
this sub-rule, the expressions -
(a) “Net ITC” shall mean input tax credit availed on inputs
during the relevant period other than the input tax credit availed for which
refund is claimed under sub-rules (4A) or (4B) or both; and
(b) “Adjusted Total turnover” shall have the same meaning as
assigned to it in sub-rule (4).”;
(ii) for rule 97, the following rule shall be substituted, namely:-
“97. Consumer Welfare Fund.-(1) All amounts of duty/central tax/
integrated tax /Union territory tax/cess and income from investment along with
other monies specified in sub-section (2) of
section 12C of the Central Excise
Act, 1944 (1 of 1944), section 57 of the Central Goods and Services Tax Act,
2017 (12 of 2017) read with section 20 of the Integrated Goods and Services Tax
Act, 2017 (13 of 2017), section 21 of the Union Territory Goods and Services Tax
Act, 2017 (14 of 2017) and section 12 of the Goods and Services Tax
(Compensation to States) Act, 2017 (15 of 2017) shall be credited to the Fund:
Provided that an amount equivalent to fifty per cent. of the amount of integrated tax determined under sub-section (5) of section 54 of the Central Goods and Services Tax Act, 2017, read with section 20 of the Integrated Goods and Services Tax Act, 2017, shall be deposited in the Fund.
(2) Where any
amount, having been credited to the Fund, is ordered or directed to be paid to
any claimant by the proper officer, appellate authority or court, the same shall
be paid from the Fund.
(3) Accounts of the Fund maintained by the Central Government
shall be subject to audit by the Comptroller and Auditor General of India.
(4) The Government shall, by an order, constitute a Standing
Committee (hereinafter referred to as the „Committee‟) with a Chairman, a
Vice-Chairman, a Member Secretary and such other members as it may deem fit and
the Committee shall make recommendations for proper utilisation of the money
credited to the Fund for welfare of the consumers.
(5)(a) The Committee shall meet as and when necessary,
generally four times in a year;
(b) the Committee shall meet at
such time and place as the Chairman, or in his absence, the Vice-Chairman of the
Committee may deem fit;
(c) the meeting of the
Committee shall be presided over by the Chairman, or in his absence, by the
Vice-Chairman;
(d) the meeting of the Committee
shall be called, after giving at least ten days‟ notice in writing to every
member;
(e) the notice of the meeting of the
Committee shall specify the place, date and hour of the meeting and shall
contain statement of business to be transacted thereat;
(f) no proceeding of the Committee
shall be valid, unless it is presided over by the Chairman or Vice-Chairman and
attended by a minimum of three other members.
(6) The Committee shall have
powers -
(a) to require any applicant to get
registered with any authority as the Central Government may specify;
(b) to require any applicant to
produce before it, or before a duly authorised officer of the Central Government
or the State Government, as the case may be,
such books, accounts, documents, instruments, or commodities in custody and
control of the applicant, as may be necessary for proper evaluation of the
application;
(c) to require any applicant to allow
entry and inspection of any premises, from which activities claimed to be for
the welfare of consumers are stated to be carried on, to a duly authorised
officer of the Central Government or the State Government, as the case may be;
(d) to get the accounts of the
applicants audited, for ensuring proper utilisation of the grant;
(e) to require any applicant, in case
of any default, or suppression of material information on his part, to refund in
lump-sum along with accrued interest, the sanctioned grant to the Committee, and
to be subject to prosecution under the Act;
(f) to recover any sum due from any
applicant in accordance with the provisions of the Act;
(g) to require any applicant, or
class of applicants to submit a periodical report, indicating proper utilisation
of the grant;
(h) to reject an application placed
before it on account of factual inconsistency, or inaccuracy in material
particulars;
(i) to recommend minimum financial
assistance, by way of grant to an applicant, having regard to his financial
status, and importance and utility of the nature of activity under pursuit,
after ensuring that the financial assistance provided shall not be misutilised;
(j) to identify beneficial and safe
sectors, where investments out of Fund may be made, and make recommendations,
accordingly;
(k) to relax the conditions required
for the period of engagement in consumer welfare activities of an applicant;
(l) to make guidelines for the
management, and administration of the Fund.
(7) The Committee shall not consider an application, unless it has been inquired into, in material details and recommended for consideration accordingly, by the Member Secretary.
(8) The Committee shall make
recommendations:-
(a) for making available grants to any applicant;
(b) for investment of the money available in the Fund;
(c) for making available grants (on selective basis)
for reimbursing legal expenses incurred by a complainant, or class of
complainants in a consumer dispute, after its final adjudication;
(d) for making available grants for any other purpose
recommended by the Central Consumer Protection Council (as may be considered
appropriate by the Committee);
(e) for making available up to 50% of the funds
credited to the Fund each year, for publicity/ consumer awareness on GST,
provided the availability of funds for consumer welfare activities of the
Department of Consumer Affairs is not less than twenty five crore rupees per
annum.
Explanation.- For the purposes of
this rule,
(a) 'Act' means the Central Goods and
Services Tax Act, 2017 (12 of 2017), or the Central Excise Act, 1944 (1 of 1944)
as the case may be;
(b) 'applicant' means,
(i) the Central
Government or State Government;
(ii) regulatory
authorities or autonomous bodies constituted under an Act of Parliament or the
Legislature of a State or Union Territory;
(iii) any agency or
organization engaged in consumer welfare activities for a minimum period of
three years, registered under the Companies Act, 2013 (18 of 2013) or under any
other law for the time being in force;
(iv) village or mandal or
samiti or samiti level co-operatives of consumers especially Women, Scheduled
Castes and Scheduled Tribes;
(v) an educational or
research institution incorporated by an Act of Parliament or the Legislature of
a State or Union Territory in India or other educational institutions
established by an Act of Parliament or declared to be deemed as a University
under section 3 of the University Grants Commission Act, 1956 (3 of 1956) and
which has consumers studies as part of its curriculum for a minimum period of
three years; and
(vi) a complainant as defined under
clause (b) of sub-section (1) of section 2 of the Consumer Protection Act, 1986
(68 of 1986), who applies for reimbursement of legal expenses incurred by him in
a case instituted by him in a consumer dispute redressal agency.
(c)
'application' means an application in the form as specified by the Standing
Committee from time to time;
(d) 'Central Consumer Protection Council' means the Central
Consumer Protection Council, established under sub-section (1) of section 4 of
the Consumer Protection Act, 1986 (68 of 1986), for promotion and protection of
rights of consumers;
(e) 'Committee' means the Committee constituted under
sub-rule (4);
(f) 'consumer' has the same meaning as assigned to it in
clause (d) of sub-section (1) of section 2 of the Consumer Protection Act, 1986
(68 of 1986), and includes consumer of goods on which central tax has been paid;
(g) „duty‟ means the duty paid under the Central Excise Act,
1944 (1 of 1944) or the Customs Act, 1962 (52 of 1962);
(h) „Fund‟ means the Consumer Welfare Fund established by the
Central Government under sub-section (1) of
section 12C of the Central Excise
Act, 1944 (1 of 1944) and section 57 of the Central Goods and Services Tax Act,
2017 (12 of 2017);
(i) 'proper officer' means the officer having the power under
the Act to make an order that the whole or any part of the central tax is
refundable;
(iii) in FORM GST ITC-03, after entry 5 (e), for the instruction against “**”, the following shall be substituted, namely:-
“** The value of capital goods shall be the invoice value reduced by 1/60th per month or part thereof from the date of invoice”;
(iv) after FORM GSTR-8, the following FORM shall be inserted, namely:-
For FORM GSTR-10 click here
For Amended FORM GST DRC-07 click here