GST
was introduced in July, 2017 and it completed 7 years now. From then till now
two things are not getting any stoppage –
1. 1. Increase
in monthly GST collection and
2. 2. Changes
in GST Law including Act, rules made thereunder etc
Here
are detailed updates on the recent changes in the Goods and Services Tax (GST)
framework in India as of August 2024, including specific section provisions:
Here
is a revised and detailed summary of the recent GST rule amendments:
1.
Amendment
in Rule 8: Application for Registration
-
New
Proviso Added to Rule 8, Sub-rule (4A):
-
Photograph
Requirement: Every application for GST registration under sub-rule (4) must now
include a photograph of the applicant (if an individual) or relevant persons
(if not an individual), as per Section 25(6C) of the CGST Act.
-
Document
Verification: Applicants who have not opted for Aadhaar authentication (except
those notified under Section 25(6D)) must verify original documents uploaded
with FORM GST REG-01 at a Facilitation Center designated by the Commissioner.
-
Completion
of Application: The application is considered complete only after successful
verification of these documents and photographs.
2.
Amendment in Rule 21: Cancellation of
Registration
-
Amendment
in Clause (f):
-
The
amendment now includes “FORM GSTR-1A” along with “FORM GSTR-1” as a basis for
cancellation of registration. This aligns with the changes made in the return
filing process.
-
New
Clause (ga):
-
A
new clause has been added to address violations of specific provisions, leading
to cancellation of GST registration.
3.
Amendment in Rule 21A: Suspension of
Registration
-
Inclusion
of GSTR-1A:
-
Amendments
include references to “FORM GSTR-1A” in the provisions for suspension of
registration, ensuring that any discrepancies reported through this form can
trigger suspension.
4.
Amendment in Rule 28: Value of Supply of Goods
or Services
-
Changes
in Sub-rule (2):
-
An
additional proviso has been inserted regarding the value declared in the
invoice. This aims to ensure that the value reflects a fair transaction value,
especially in related party transactions or those between distinct persons.
5.
Amendment in Rule 36(4): Conditions to Claim
Input Tax Credit (ITC)
-
Inclusion
of FORM GSTR-1A:
-
Sub-rule
(4) in clause (a) now includes “FORM GSTR-1A” after “FORM GSTR-1,” ensuring
that ITC claims are consistent with the details provided in both forms.
6.
Amendment in Rule 37A: Reversal of ITC
-
Alignment
with GSTR-1A:
-
Similar
to other amendments, Rule 37A now includes provisions related to details from
FORM GSTR-1A, particularly in cases where ITC is reversed.
7.
Amendment in Rule 39: Distribution of ITC by
Input Service Distributor
-
Substantial
Revisions:
-
The
rule has undergone significant changes, introducing new conditions for the
distribution of ITC by Input Service Distributors (ISD). These changes aim to
improve the accuracy and fairness of ITC distribution.
8.
Amendment in Rule 40: Claiming Credit in
Special Circumstances
-
Inclusion
of GSTR-1A Details:
-
Changes
in sub-rule (1) include details from FORM GSTR-1A, ensuring that credits
claimed under special circumstances are accurately reflected in the return
filings.
9.
Amendment in Rule 48: Issuance of Invoice
-
Update
in Sub-rule (3):
-
The
sub-rule now includes “FORM GSTR-1A” after “FORM GSTR-1,” aligning the
invoicing process with the latest return filing requirements.
10. Amendment in Rule 59: Changes in Table 5 of
GSTR-1 (Effective August 1, 2024)
-
Additional
Provisions:
-
Provisions
have been added to allow for amending or furnishing additional details of
outward supplies in FORM GSTR-1A for a tax period.
11. Amendment in Rule 60: Inward Supplies
-
Form
and Manner of Details:
-
Changes
in sub-rules (1) and (7) include incorporating details from FORM GSTR-1A,
ensuring that inward supply details are consistently reflected.
12. Amendment in Rule 62: GSTR-4 Filing Deadline
-
New
Proviso:
-
A
new proviso specifies the deadline for filing the return in FORM GSTR-4 for a
financial year starting from FY 2024-25.
13. Amendment in Rule 78: Matching Details by
E-Commerce Operators
-
Inclusion
of GSTR-1A:
-
A
new clause has been added to include details from FORM GSTR-1A, enhancing the
matching process of details furnished by e-commerce operators with those
provided by suppliers.
14. Amendment in Rule 88B: Interest on E-Cash
Ledger Balance
-
Proviso
Inserted:
-
The
amendment specifies how interest on balances in the E-Cash ledger is to be
treated in certain scenarios.
15. Amendment in Rule 88C: Dealing with
Discrepancies
-
Inclusion
of GSTR-1A:
-
Changes
have been made to include details from FORM GSTR-1A, especially in dealing with
discrepancies between the statement of outward supplies and the return filed.
16. Amendment in Rule 89: Export Refund
Adjustments
-
Substantial
Changes:
-
A
new sub-rule (1B) and amendments in sub-rule (2) have been introduced to
address the process of claiming refunds in cases of upward revision in export
prices.
17. New Rule 95B: Refund for Canteen Stores
Department
-
Introduction
of Rule 95B:
-
This
new rule facilitates the refund process for the Canteen Stores Department on
tax paid on inward supplies of goods.
18. Amendment in Rule 96: Export Refund Process
-
Revised
Sub-rules (1) and (2):
-
Amendments
specify the process and timelines for claiming export refunds, aligning with
changes in other related rules.
19. Amendment in Rule 96A: Timelines for Export
Claims
-
Updated
Sub-rules (1) and (2):
-
The
amendments address the timeframes for filing claims and completing
reconciliations, particularly in export scenarios.
20. Amendment in Rule 110: Appeals to the
Appellate Tribunal
-
Revised
Process:
-
The
appeal process has been substantially updated, introducing new steps for filing
appeals and cross-objections to the Appellate Tribunal.
21. Amendment in Rule 111: Applications to the
Appellate Tribunal
-
New
Application Process:
-
A
new process for filing applications to the Appellate Tribunal has been
introduced, streamlining the procedure.
22. New Rule 113A: Withdrawal of Appeals
-
Provision
for Withdrawal:
-
This
new rule allows for the withdrawal of appeals or applications filed before the
Appellate Tribunal, adding flexibility to the appeals process.
23. Amendment in Rule 138(3): E-way Bill for
Unregistered Persons
-
New
Proviso and Form:
-
A
new proviso addresses the generation of e-way bills for unregistered persons,
ensuring compliance in these scenarios.
24. Amendment in Rule 142: Demand Notices and
Orders
-
Updated
Process:
-
Changes
specify the process for acknowledging payments and issuing orders, improving
the clarity and efficiency of demand notices.
25. Amendment in Rule 163: Consent-based
Information Sharing
-
Inclusion
of GSTR-1A:
-
Amendments
include details from FORM GSTR-1A, ensuring that information sharing is
consent-based and accurate.
26. Changes Notified in Various GST Forms
-
Forms
Affected: The updates affect multiple forms, including GSTR-1, 3B, 2A, 2B, 7,
8, 9, 4, RFD-01, APL, DRC-01A, DRC 03A, and DRC 04, aligning them with the
latest rule amendments and ensuring consistency across the board.
27. These detailed
amendments ensure better compliance, transparency, and efficiency in the GST
system, helping both taxpayers and authorities manage their obligations
effectively.
