Central Board of Indirect Taxes and Customs (CBIC) has issued Notification No. 38_2023 to notify amendments in the Central Goods and Services Tax (CGST) Rules, 2017.
Key points of the amendments are:
a. Rule 9 has been amended to provide that the requirement to have the physical verification of the place of business in presence of applicant has been done away with.
b. Rule 10A has been amended to provide that details of the bank accounts on the common portal should be furnished within a period of 30 days from the date of grant of registration, or before furnishing the details of outward supplies of goods or services or both in FORM GSTR-1 or using invoice furnishing facility, whichever is earlier.
c. Rule 21A has been amended to provide for system-based suspension of the registration in respect of such registered persons who do not furnish the details of valid bank account under Rule 10A with the prescribed time.
d. Rule 46 clause (f) has been to be amended to provide for requirement of only name of the State of the recipient, and not the name and full address of the recipient, on the tax invoice in cases of supply of taxable services by or through an Electronic Commerce Operator to an unregistered recipient.
e. Rule 67(2) has been amended to provide details of tax collected at source furnished by the operator made available electronically to each of the registered suppliers.
f. Rule 88D has been inserted to provide manner of dealing with difference in input tax credit available in auto generated statement containing the details of input tax credit and that availed in return.
g. Rule 89(1) has been amended to provide that refund of any amount, after adjusting the tax payable by the applicant out of the advance tax deposited by him at the time of registration, shall be claimed only after the last return required to be furnished by him has been so furnished.
h. Rule 94 has been amended to provide that were any interest is due and payable to the applicant, the proper officer shall make an order along with a payment order 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.
i. In Rule 94 the following periods shall not be included in the period of delay, namely:-
(a) any period of time beyond fifteen days of receipt of notice in FORM GST RFD-08, that the applicant takes to-
(i) furnish a reply in FORM GST RFD-09, or
(ii) submit additional documents or reply; and
(b) any period of time taken either by the applicant for furnishing the correct details of the bank account to which the refund is to be credited or for validating the details of the bank account so furnished, where the amount of refund sanctioned could not be credited to the bank account furnished by the applicant.
j. Rule 142B has been inserted, related to “Intimation of certain amounts liable to be recovered” wherein accordance with section 75 read with rule 88C, or otherwise, any amount of tax or interest has become recoverable under section 79 and the same has remained unpaid, the proper officer shall intimate, electronically on the common portal, the details of the said amount in FORM GST DRC-01D, directing the person in default to pay the said amount, along with applicable interest, or, as the case may the amount of interest, within seven days of the date of the said intimation and the said amount shall be posted in Part-II of Electronic Liability Register in FORM GST PMT-01. The intimation referred above shall be treated as the notice for recovery. Where any amount of tax or interest specified in the intimation referred above remains unpaid on the expiry of the period specified in the said intimation, the proper officer shall proceed to recover the amount that remains unpaid in accordance with the various provisions of the said rules.
k. Rule 163 has been inserted relating to “Consent based sharing of information”, wherein a registered person opts to share the information furnished in—
(i) FORM GST REG-01 as amended from time to time;
(ii) Return in FORM GSTR-3B for certain tax periods;
(iii) FORM GSTR-1 for certain tax periods, pertaining to invoices, debit notes and credit notes issued by him, as amended from time to time, with system, the requesting system shall obtain the consent of the said registered person for sharing of such information and shall communicate the consent along with the details of the tax periods, where applicable, to the common portal. The registered person shall give his consent for sharing of information only after he has obtained the consent of all the recipients, to whom he has issued the invoice, credit notes and debit notes during the said tax periods, for sharing such information with the requesting system and where he provides his consent, the consent of such recipients shall be deemed to have been obtained. The common portal shall communicate the information with the requesting system on receipt from the said system-
(a) the consent of the said registered person, and
(b) the details of the tax periods or the recipients in respect of which the information is required.
Source: Central Board of Indirect Taxes and Customs (CBIC)
