TaxTMI 
TaxTMI 
Kerala Goods and Services Tax (Second Amendment) Rules, 2019
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.... 16 16th Meenam 1194 1941 ചൈതàµà´°à´‚ 9 9th Chaithra 1941 No. } 876 GOVERNMENT OF KERALA Taxes (B) Department NOTIFICATION G.O. (P) No. 60/2019/TAXES. Dated, Thiruvananthapuram, 30th March, 2019, 16th Meenam, 1194. S. R. O. No. 250/2019.—In exercise of the powers conferred by section 164 of the Kerala State Goods and Services Tax Act, 2017 (20 of 2017), the Government of Kerala hereby make the following rules further to amend the Kerala Goods and Services Tax Rules, 2017, namely:― RULES 1. Short title and commencement.—(1) These rules may be called the Kerala Goods and Services Tax (Second Amendment) Rules, 2019. (2) Save as otherwise provided in these rules, they shall come into force on the date of its publication in the official gazette. 92/1165/2019/S-6. 2 2. Amendment of the rules. In the Kerala Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), (1) in rule 41, in sub-rule (1), after the proviso, the following explanation shall be inserted, namely:— "Explanation: For the purpose of this sub-rule, it is hereby clarified that the "value of assets" means the value of t....
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....e 30th June, 2017 and published as S. R. O. No. 370/2017 in the Kerala Gazette Extraordinary No. 1360 dated, the 30th June, 2017, as amended, shall be taken into account for calculation of value of 'E' in view of Explanation (iv) in paragraph 4 of the notification issued under G. O. (P) No. 72/2017/ TAXES, dated the 30th June, 2017 and published as S. R. O. No. 370/ 2017 in the Kerala Gazette Extraordinary No. 1360 dated the 30th June, 2017, as amended. (b) in the existing proviso, for the word “Providedâ€, the words "Provided further" shall be substituted; (v) for the clause (1), the following clause shall be substituted, namely:― "(1) the amount ‘C3', 'D1' and 'D2' shall be computed separately for input tax credit of Central tax, State tax, Union territory tax and integrated tax and declared in FORM GSTR-3B or through FORM GST DRC-03;"; (vi) in the clause (m), for the words “added to the output tax liability of the registered personâ€, the words, letters and figures “reversed by the registered person in FORM 4 GSTR-3B or through FORM GST DRC-03" shall be substituted; (B) in sub-rule (2), for the words "The input tax c....
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....GST DRC-03 in the month not later than the month of September following the end of the financial year in which the completion certificate is issued or first occupation of the project takes place and the said person shall be liable to pay interest on the said excess amount at the rate specified in sub-section (1) of section 50 for the period starting from the first day of April of the succeeding financial year till the date of payment; or (b) where the aggregate of the amounts determined under sub-rule (1) in respect of 'D1' and 'D2' exceeds the aggregate of the amounts calculated finally in respect of 'D1' and ‘D2', such excess amount shall be claimed as credit by the registered person in his return for a month not later than the month of September following the end of the financial year in which the completion certificate is issued or first occupation takes place of the project. (4) In case of supply of services covered by clause (b) of paragraph 5 of Schedule II of the Act, the input tax determined under sub-rule (1) shall be calculated finally, for commercial portion in each project, other than residential real estate project (RREP), which underwent tran....
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....te of payment; (d) where, C3 final_comm exceeds C3 aggregate_comm, such excess amount shall be claimed as credit by the registered person in his return for a month not later than the month of September following the end of the financial year in which the completion 7 certificate is issued or first occupation takes place of the project. (5) Input tax determined under sub- rule (1) shall not be required to be calculated finally on completion or first occupation of an RREP which underwent transition of input tax credit consequent to change of rates of tax on 1st April, 2019 in accordance with notification issued under G. O. (P) No. 72/2017/TAXES, dated 30th June, 2017 and published as S. R. O. No. 370/2017 in the Kerala Gazette Extraordinary No. 1360 dated 30th June, 2017, as amended. (6) Where any input or input service are used for more than one project, input tax credit with respect to such input or input service shall be assigned to each project on a reasonable basis and credit reversal pertaining to each project shall be carried out as per sub-rule (3).". 3. With effect from 1st April, 2019, in rule 43,— (i) in sub-rule (1),- (a) in clause (a), aft....
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.... issued under G. O. (P) No. 72/2017/TAXES, dated 30th June, 2017 and published as S. R. O. No. 370/ 2017 in the Kerala Gazette Extraordinary No. 1360 dated the 30th June, 2017, as amended, shall be 9 taken into account for calculation of value of ‘E' in view of Explanation (iv) in paragraph 4 of the notification issued under G. O. (P) No. 72/2017/ TAXES, dated 30th June, 2017 and published as S. R. O. No. 370/2017 in the Kerala Gazette, Extraordinary No. 1360 dated, the 30th June, 2017, as amended."; (C) in the proviso, for the word “Provided", the words "Provided further" shall be substituted; (e) after clause (h), the following clause shall be inserted, namely,― "(i) The amount Te shall be computed separately for input tax credit of Central tax, State tax, Union territory tax and integrated tax and declared in FORM GSTR-3B."; (ii) for sub-rule (2) the following sub-rules shall be substituted, namely:― "(2) In case of supply of services covered by clause (b) of paragraph 5 of schedule II of the Act, the amount of common credit attributable towards exempted supplies (Te final) shall be calculated finally for the entire period from ....
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....erson in his return for a month not later than the month of September following the end of the financial year in which the completion certificate is issued or first occupation takes place of the project. Explanation. For the purpose of calculation of Tc¹ month shall be treated as one complete month. final , part of the 11 (3) The amount Tefinal and Tcfinal shall be computed separately for input tax credit of Central tax, State tax, Union territory tax and integrated tax. (4) Where any capital goods are used for more than one project, input tax credit with respect to such capital goods shall be assigned to each project on a reasonable basis and credit reversal pertaining to each project shall be carried out as per sub-rule (2). (5) Where any capital goods used for the project have their useful life remaining on the completion of the project, input tax credit attributable to the remaining life shall be availed in the project in which the capital goods is further used;"; (iii) the Explanation shall be numbered as “Explanation 1" thereof and after Explanation 1 as so numbered, the following Explanation shall be inserted, namely:— "Explanation 2: ....
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.... has time of supply on or before the said date; and (b) consideration equal to at least one installment has been credited to the bank account of the registered person on or before the said date; and (c) an allotment letter or sale agreement or any other similar document evidencing booking of the apartment has been issued on or before the said date. (xii) The term “ongoing project†shall have the same meaning as assigned to it in notification issued under G. O. (P) No. 72/2017/ TAXES, 4. 5. 13 dated 30th June, 2017 and published as S. R. O. No. 370/2017 in the Kerala Gazette Extraordinary No. 1360 dated 30th June, 2017, as amended; (xiii) The term “project which commences on or after 1st April, 2019†shall have the same meaning as assigned to it in notification issued under G. O. (P) No. 72/2017/TAXES, dated the 30th June, 2017 and published as S. R. O. No. 370/2017 in the Kerala Gazette, Extraordinary No. 1360 dated the 30th June, 2017, as amended;â€. In the said rules, after rule 88, the following rule shall be inserted, namely:― "Rule 88A. Order of utilization of input tax credit.-Input tax credit on account of integrate....
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.... 73 or sub-section (3) of section 74, a summary thereof electronically in FORM GST DRC-02, specifying therein the details of the amount payable. (2) Where, before the service of notice or statement, the person chargeable with tax makes payment of the tax and interest in accordance with the provisions of sub-section (5) of section 73 or, as the case may be, tax, interest and penalty in accordance with the provisions of sub-section (5) of section 74, or where any person makes payment of tax, interest, penalty or any other amount due in accordance with the provisions of the Act he shall inform the proper officer of such payment in FORM GST DRC-03 and the proper 15 officer shall issue an acknowledgement, accepting the payment made by the said person in FORM GST DRC-04. (3) Where the person chargeable with tax makes payment of tax and interest under sub-section (8) of section 73 or, as the case may be, tax, interest and penalty 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....
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....” "FORM GST DRC-02 [See rule 142(1)(b)] Reference No.: To 92/1165/2019/S-6. GSTIN/ID Name Address Date: Tax Period : 18 F.Y.: Section/sub-section under which statement is being issued: SCN Ref. No. Statement Ref. No. Summary of Statement: (a) Brief facts of the case: (b) Grounds: (c) Tax and other dues : Tax Period POS Sl. Tax Turn Act (Place of No. rate over From Το Supply) 1 2 3 4 5 6 7 Total Date: Date: (Amount in Rs.) ∞ Tax 89 6 Interest Penalty Signature Name Designation Jurisdiction Address 10 11 12 Note 1. Only applicable fields may be filled up. 2. Column Nos. 2, 3, 4 and 5 of the above Table i.e. tax rate, turnover and tax period are not mandatory. 3. Place of Supply (POS) details shall be required only if the demand is created under the IGST Act.". 9. 19 With effect from 1st April, 2019, 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: From To Date: 2. Issues involved: 3. Descri....
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....al No. 7 i.e. tax rate, turnover and tax period are not mandatory. 3. Place of Supply (POS) details shall be required only if the demand is created under the IGST Act. 4. Demand table at Serial No. 7 shall not be filled up if an order issued under section 129 is being withdrawn.". 11. With effect from 1st April, 2019, for FORM GST ASMT-13, the following FORM shall be substituted, namely:- "FORM GST ASMT-13 [See rule 100(1)] Reference No.: . Το (GSTIN/ID) Name (Address) Tax Period: Notice Reference No. : Act/Rules Provisions: Date: F.Y. : Return Type: Date: 23 (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, if any: Discussions and Findings: Conclusion: Amount assessed and payable (Details at Annexure): (Amount in Rs.) Sl. Tax Turn No. rate o....
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....ing 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. 92/1165/2019/S-6. 26 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 1. Only applicable fields may be filled up. 2. Column Nos. 2, 3, 4 and 5 of the above Table i.e. tax rate, turnover and tax period are not mandatory. 3. Place of Supply (POS) details shall be required only if demand is created under the IGST Act.". 13. With effect from 1st April, 2019, for FORM GST ASMT-16, the following FORM shall be substituted, namely:- "FORM GST ASMT-16 [See rule 100(3)] Reference No.: To Tax Period: Date: (GSTIN/ID) Name (Address) F.Y.: Act/Rules Provisions: Assessment order under Section 64 Preamble - > 27 It has come to my notice that un-accounted for goods are lying in stock at godown (address) or in a vehicle stationed at (address & vehicle detail) and you were not able to, account for these goods or produce any document show....