Central Board of Indirect Taxes and Customs (CBIC) has issued Notification No. 49/2019 dated 9th October, 2019 to further amend the Central Goods and Services Tax (CGST) Rules, 2017
Key Points of the Amendment are:
- In Rule 21A relating to suspension of registration –
- After sub rule 3, an explanation has been inserted to provide that the expression “shall not make any taxable supply” shall mean that the registered person shall not issue a tax invoice and accordingly, not charge tax on supplies made by him during period of suspension.
- A new sub rule 5 has been inserted to provide that where any order giving effect to revocation of suspension of registration has been passed, the provisions of clause (a) of sub-section (3) of Section 31 i.e. issue a revised invoice against the invoice already issued and Section 40 i.e. declaration of details in the first return filed in respect of the supplies made during the period of suspension and the procedure specified therein shall apply.
2. In Rule 36, a new sub rule 4 shall be inserted to provide that the Input Tax Credit (ITC) to be availed by a registered person in respect of invoices or debit notes the details of which have not been uploaded by the suppliers in GSTR-1 shall not exceed 20 per cent. of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers in GSTR-1.
3. In Rule 61, sub rule 5 has been substituted with retrospective effect from 1st July, 2017 to provide that in case the time limit for furnishing of details in FORM GSTR-1 or in FORM GSTR-2 has been extended, the return specified in sub-section (1) of section 39 shall, subject to such conditions as the Commissioner may, by notification, specify, be furnished in FORM GSTR-3B electronically through the common portal. Also, where a return in FORM GSTR-3B is required to be furnished by a person then such person shall not be required to furnish the return in FORM GSTR-3.
4. In Rule 91 relating to grant of provisional refund –
- In sub rule 3 , after the words “application for refund”, the words “on the basis of a consolidated payment advice:” shall be inserted with effect from the 24th day of September, 2019.
- A new sub rule 4 has been inserted that the Central Government shall disburse the refund based on the consolidated payment advice issued under sub-rule (3) with effect from the 24th day of September, 2019.
5. Sub rule 1A of Rule 117 has been amended so as to provide extension of the date for submitting the declaration in FORM GST TRAN-1 till 31st December, 2019 instead of 31st March, 2019 in respect of registered persons who could not submit the said declaration by the due date on account of technical difficulties on the common portal and in respect of whom the Council has made a recommendation for such extension. Also, for such registered persons the time limit for filing the declaration in FORM GST TRAN-2 has been extended till 31st January 2020 instead of 30th April, 2019
For further details please refer the attached document