[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 Excise and Customs
Notification No. 75/2017 – Central
Tax
New Delhi, the 29th December, 2017
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 (Fourteenth
Amendment) Rules, 2017.
(2)
Unless otherwise specified, 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 17, after sub-rule (1),
the following sub-rule shall be inserted, namely:-
“(1A) The Unique Identity Number
granted under sub-rule (1) to a person under clause (a) of sub-section (9) of
section 25 shall be applicable to the territory of India.”;
(ii) in rule 19, after sub-rule (1),
the following sub-rule shall be inserted, namely:-
“(1A). Notwithstanding anything
contained in sub-rule (1), any particular of the application for registration
shall not stand amended with effect from a date earlier than the date of
submission of the application in FORM GST REG-14 on the common portal
except with the order of the Commissioner for reasons to be recorded in writing
and subject to such conditions as the Commissioner may, in the said order,
specify.”;
(iii) with effect from 23rd October,
2017, in rule 89, for sub-rule (4), the following shall be substituted,
namely:-
“(4) In the case of zero-rated supply
of goods or services or both without payment of tax under bond or letter of
undertaking in accordance with the provisions of sub-section (3) of section 16
of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), refund of
input tax credit shall be granted as per the following formula –
Refund Amount = (Turnover of
zero-rated supply of goods + Turnover of zero-rated supply of services) x Net
ITC ÷Adjusted Total Turnover
Where, -
(A) "Refund amount" means
the maximum refund that is admissible;
(B) "Net ITC"
means input tax credit availed on inputs and input services during the relevant
period other than the input tax credit availed for which refund is claimed
under sub-rules (4A) or (4B) or both;
(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,
other than the turnover of supplies in respect of which refund is claimed under
sub-rules (4A) or (4B) or both;
(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:-
Zero-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 any period prior to
the relevant period reduced by advances received for zero-rated supply of
services for which the supply of services has not been completed during the
relevant period;
(E) "Adjusted Total
turnover" means the turnover in a State or a Union territory, as defined
under clause (112) of section 2, excluding –
(a) the value of exempt supplies
other than zero-rated supplies and
(b) the turnover of supplies in
respect of which refund is claimed under sub-rules (4A) or (4B) or both, if
any,
during the relevant period;
(F) “Relevant period” means the
period for which the claim has been filed.
(4A) In the case of supplies received
on which the supplier has availed the benefit of notification No.
48/2017-Central Tax dated 18th October, 2017, refund of input tax credit,
availed in respect of other inputs or input services used in making zero-rated
supply of goods or services or both, shall be granted.
(4B) In the case of supplies received
on which the supplier has availed the benefit of notification No.
40/2017-Central Tax (Rate) dated 23rd October, 2017 or notification No.
41/2017-Integrated Tax (Rate) dated 23rd October, 2017, or both, refund of
input tax credit, availed in respect of inputs received under the said
notifications for export of goods and the input tax credit availed in respect
of other inputs or input services to the extent used in making such export of
goods, shall be granted.”;
(iv) in rule 95 -
(a) for sub-rule (1), the following
sub-rule shall be substituted, namely:-
“(1) Any person eligible to claim refund of tax paid by
him on his inward supplies as per notification issued under section 55 shall
apply for refund in FORM GST RFD-10 once in every quarter,
electronically on the common portal or otherwise, either directly or through a
Facilitation Centre notified by the Commissioner, along with a statement of the
inward supplies of goods or services or both in FORM GSTR-11.”;
(b) in sub-rule (3), in clause (a),
the words “and the price of the supply covered under a single tax invoice
exceeds five thousand rupees, excluding tax paid, if any” shall be omitted;
(v)
with effect from 23rd October, 2017, in rule 96 –
(a)
in the heading, after the words “paid on goods”, the words “or services” shall
be inserted;
(b) after sub-rule (8), the following
sub-rule shall be inserted, namely:-
“(9) The persons claiming refund of
integrated tax paid on export of goods or services should not have received
supplies on which the supplier has availed the benefit of notification No.
48/2017-Central Tax dated 18th October, 2017 or notification No.
40/2017-Central Tax (Rate) dated 23rd October, 2017 or notification No.
41/2017-Integrated Tax (Rate) dated 23rd October, 2017.”;
(vi) for FORM GST REG-10, the
following form shall be substituted, namely:-
Ref: 5th Page of
the Notification for the changes in forms
No comments:
Post a Comment