TaxTMI 
TaxTMI 
Amendment in Jammu and Kashmir Goods and Services Tax Rules 2017
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....e "value of assets" means the value of the entire assets of the business, whether or not input tax credit has been availed thereon.". 2. With effect from 1st April, 2019, in rule 42 of the said rules,― (a) in sub-rule (1),— a. in clause (f), the following explanation shall be inserted, namely :— "Explanation: For the purpose of this clause, it is hereby clarified that in case of supply of services covered by clause (b) of paragraph 5 of Schedule-II of the said Act, value of T shall be zero during the construction phase because inputs and input services will be commonly used for construction of apartments booked on or before the date of issuance of completion certificate or first occupation of the project, whichever is earlier, and those which are not booked by the said date." b. in clause (g), after the letter and figure "FORM GSTR-2", the words, letters and figure "and at summery level FORM GSTR-3B" shall be inserted; c. in clause (h),— i. for the brackets and letter "(g)", the brackets and letter “(g)" shall be substituted ; No. 2-q] The J&K Govt. Gazette, 16th April, 2019/26th Chai., 1941.3 d. in clause (i),â€....
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....nd bracket "Except in case of No. 2-q] The J&K Govt. Gazette, 16th April, 2019/26th Chai., 1941.5 supply of services covered by clause (b) of paragraph 5 of the schedule-II of the Act, the input tax credit" shall be substituted ; (c) In the clause (a) of sub-rule (2) for the words "added to the output tax liability of the registered person", the words letters and figures “reversed by the registered person in FORM GSTR-3B or through FORM DRC-03†shall be substituted ; (d) after sub-rule (2), the following sub-rules shall be inserted, namely :- "(3) In case of supply of services covered by clause (b) of paragraph 5 of the Schedule-II of the Act, the input tax determined under sub-rule (1) shall be calculated finally, for each ongoing project or project which commences on or after 1st April, 2019, which did not undergo or did not require transition of input tax credit consequent to change of rates of tax on 1st April, 2019 in accordance with SRO Notification No. SRO-GST-11 dated 08-07-2017 issued by Finance Department, Government of Jammu and Kashmir, for the entire period from the commencement of the project or 1st July, 2017, whichever is later, to....
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....state Project (RREP), which underwent transition of input tax credit consequent to change of rates of tax on the 1st April, 2019 in accordance with SRO notification No. SRO-GST-11 dated 08-07-2017 issued by Finance Department, Government of Jammu and Kashmir, for the entire period from the commencement of the project or 1st July, 2017, whichever is later, to the completion or first occupation of the project, whichever is earlier, before the due date for furnishing of the return for the month of September following the end of financial year in which the completion certificate is issued or first occupation takes place of the project, in the following manner :- (a) The aggregate amount of common credit on commercial portion in the project 2) shall be calculated as under― (C3 C3 aggregate_comm aggregate_comm=[aggregate of amounts of C3 determined under sub-rule (1) for the tax periods starting from 8th July, 2017 to 8 The J&K Govt. Gazette, 16th April, 2019/26th Chai., 1941. [No. 2-q 31st March, 2019, x (A/A)]+[aggregate of amounts of C3 determined under sub-rule (1) for the tax periods starting from 1st April, 2019 to the date of completion or firs....
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....” (a) in clause (a), after the words, letters and figures "FORM GSTR-2", the words, letters and figure "and FORM GSTR-3B" shall be inserted ; (b) in clause (b), after the letters and figure "FORM GSTR- 2", the words, letters and figures "and FORM GSTR- 3B" shall be inserted; 10 The J&K Govt. Gazette, 16th April, 2019/26th Chai., 1941. [No. 2-q (c) after clause (b), the following explanation shall be inserted, namely :- "Explanation -For the purpose of this clause it is hereby clarified that in case of supply of services covered by clause (b) of paragraph 5 of the Schedule-II of the said Act, the amount of input tax in respect of capital goods used or intended to be used exclusively for effecting supplies other than exempted supplies but including zero rated supplies, shall be zero during the construction phase because capital goods will be commonly used for construction of apartments booked on or before the date of issuance of completion certificate or first occupation of the project, whichever is earlier, and those which are not booked by the said date." ; (d) in clause (g),— (A) after the letter and words "F is the total turnover", the in....
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....inal) shall be calculated finally for the entire period from the commencement of the projector 8th July, 2017, whichever is later, to the completion or first occupation of the project, whichever is earlier, for each project separately, before the due date for furnishing of the return for the month of September following the end of financial year in which the completion certificate is issued or first occupation takes place of the project as under :-— Tefinal=[(E1 + E2 + E3)/F] x Tefinal, Where,― El-aggregate carpet area of the apartments, construction of which is exempt from tax. E2=aggregate carpet area of the apartments, supply of which is partly exempt and partly taxable, consequent to No. 2-q] The J&K Govt. Gazette, 16th April, 2019/26th Chai., 1941. 13 change of rates of tax on 1st April, 2019, which shall be calculated as under,- E2=(Carpet area of such apartments) x [Vâ‚/(Vâ‚+V2)],— Where,― Vâ‚ is the total value of supply of such apartments which was exempt from tax ; and V2 is the total value of supply of such apartments which was taxable ; E3-aggregate carpet area of the apartments, construction of which is....
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....mbered as “Explanation 1†thereof and after Explanation 1 as so numbered the following Explanation shall be inserted, namely :— "Explanation 2 :-For the purposes of rule 42 and this rule,― (i) the term "apartment†shall have the same meaning as assigned to in clause (e) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016); No. 2-q] The J&K Govt. Gazette, 16th April, 2019/26th Chai., 1941. 15 (ii) the term “project†shall mean a real estate project or a residential real estate project ; (iii) the term “Real Estate Project (REP)†shall have the same meaning as assigned to it in clause (zn) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016); (iv) the term "Residential Real Estate Project (RREP)" shall mean a REP in which the carpet area of the commercial apartments is not more than 15 per cent of the total carpet area of all the apartments in the REP ; (v) the term "promoter" shall have the same meaning as assigned to it in clause (zk) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016); (vi) "Residential apar....
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...."Rule 88A. Order of utilization of input tax credit.―Input tax credit on account of integrated tax shall first be utilized towards No. 2-q] The J&K Govt. Gazette, 16th April, 2019/26th Chai., 1941. 17 payment of integrated tax, and the amount remaining, if any, may be utilized towards the payment of Central tax and State tax or Union territory tax, as the case may be, in any order: Provided that the input tax credit on account of Central tax, State tax or Union territory tax shall be utilized towards payment of Integrated tax, Central tax, State tax or Union territory tax, as the case may be, only after the input tax credit available on account of integrated tax has first been utilized fully.". 5. With effect from 1st April, 2019, in the said rules, for rule 100, the following rule shall be substituted, namely :- "100. Assessment in certain cases.-(1) The order of assessment made under sub-section (1) of section 62 shall be issued in FORM GST ASMT-13 and a summary thereof shall be uploaded electronically in FORM GST DRC-07. (2) The proper officer shall issue a notice to a taxable person in accordance with the provisions of section 63 in FORM GST ASMT-14 co....
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....under sub-section (8) of section 74 within thirty days of the service of a notice under sub-rule (1), or where the person concerned makes payment of the amount referred to in sub-section (1) of section 129 within fourteen days of detention or seizure of the goods and conveyance, he shall intimate the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an order in FORM GST DRC-05 concluding the proceedings in respect of the said notice. No. 2-q] The J&K Govt. Gazette, 16th April, 2019/26th Chai., 1941. 19 (4) The representation referred to in sub-section (9) of section 73 or sub-section (9) of section 74 or sub-section (3) of section 76 or the reply to any notice issued under any section whose summary has been uploaded electronically in FORM GST DRC-01 under sub-rule (1) shall be furnished in FORM GST DRC-06. (5) A summary of the order issued under section 52 or section 62 or section 63 or section 64 or section 73 or section 74 or section 75 or section 76 or section 122 or section 123 or section 124 or section 125 or section 127 or section 129 or section 130 shall be uploaded electronically in FORM GST DRC-07, specifying therein th....
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.... Place of Supply (POS) details shall be required only if the demand is created under the IGST Act.". 9. With effect from 1st April, 2019, in the said rules, for FORM GST DRC-07, the following FORM shall be substituted, namely :- "FORM GST DRC-07 [See rule 100(1), 100(2), 100(3) & 142(5)] Summary of the order Reference No. 1. Details of order: (a) Order No. : (b) Order date : (c) Financial year : (d) Tax period : 2. Issues involved: From To Date 3. Description of goods/services (if applicable) : Sr. No. HSN code Description No. 2-q] The J&K Govt. Gazette, 16th April, 2019/26th Chai., 1941.23 4. Section(s) of the Act under which demand is created: 5. Details of demand: (Amount in Rs.) Tax Period Sr. Tax Turnover Act POS Tax Interest Penalty Others Total No. rate From To Office 123456 Suey 8910112 Total You are hereby directed to make the payment by failing which proceedings shall be initiated against you to recover the outstanding dues. Signature To (GSTIN/ID) Name (Address) Name Designation Jurisdiction Address Note:- Only applicable fields may be filled up. Column Nos. 2, 3, and 5 of the Table at serial No. 5 i. e. tax rate, turnover....
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.... Notice Reference No. : F. Y. : Return Type: Date: No. 2-q] The J&K Govt. Gazette, 16th April, 2019/26th Chai., 1941.27 Act/Rules Provisions : Assessment order under section 62 (Assessment order under section 62) Preamble > The notice referred to above was issued to you under section 46 of the Act for failure to furnish the return for the said tax period. From the records available with the department, it has been noticed that you have not furnished the said return till date. Therefore, on the basis of information available with the department, the amount assessed and payable by you is as under :— Introduction: Submissions, any: Discussions and Findings: Conclusion: Amount assessed and payable (Details at Annexure): (Amount in Rs.) Tax Period Sr. Tax Turnover Act POS Tax Interest Penalty Others Total No. rate From To (Place of Supply) 1 2 3 4 5 Total 6 7 8 9 10 11 12 Please note that interest has been calculated up to the date of passing the order. While making payment, interest for the period between the date of order and the date of payment shall also be worked out and paid along with the dues stated in the order. You are a....
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....ed in the order. You are hereby directed to make the payment by > failing which proceedings shall be initiated against you to recover the outstanding dues. Signature Name Designation Jurisdiction Address Note:- Only applicable fields may be filled up. Column Nos. 2, 3, 4 and 5 of the above Table i. e. tax rate, turnover and tax period are not mandatory. Place of Supply (POS) details shall be required only if demand is created under IGST Act.". 13. With effect from 1st April, 2019, in the said rules, for FORM GST ASMT-16, The following FORM shall be substituted, namely :— FORM GST ASMT-16 [See rule 100(3)] Reference No. : Το Tax Period: (GSTIN/ID) Name (Address) F. Y. Date: No. 2-q] The J&K Govt. Gazette, 16th April, 2019/26th Chai., 1941. 31 Act/Rules Provisions Assessment order under section 64 Preamble > It has come to my notice that unaccounted for goods stock at godown.(address) or in a vehicle stationed at are lying in .....(address and vehicle detail) and you were not able to, account for these goods or produce any document showing the detail of the goods. Therefore, I proceed to assess the tax due on such goods as under :- ....