AI Drafter 
TaxTMI 
TaxTMI 
UTTAR PRADESH GOODS AND SERVICES TAX (THIRTY EIGHT AMENDMENT) RULES 2020
X X X X Extracts X X X X
X X X X Extracts X X X X
....Services Tax Act, 2017 (U.P. Act no. 1 of 2017) the Governor, hereby makes the following rules further to amend the Uttar Pradesh Goods and Services Tax Rules, 2017, namely :- Uttar Pradesh Goods and Services Tax (Thirty Eighth Amendment) Rules, 2020 Short title and commencement 1. (1) These rules may be called the Uttar Pradesh Goods and Services Tax (Thirty Eighth Amendment) Rules, 2020. (2) Save as otherwise provided, they shall come into force with effect from the date of their publication in the Official Gazette. Amendment of rule 8 2. In the Uttar Pradesh Goods and Services Tax Rules, 2017 (here in after referred to as the said rules), in rule 8, after sub-rule (4), the following sub- rule shall be inserted, namely :....
X X X X Extracts X X X X
X X X X Extracts X X X X
....-30 on the common portal within a period of fifteen working days following the date of such verification." Amendment of rule 43 5. In the said rules, in rule 43, in sub-rule (1) with effect from the 1st April, 2020,- (a) for clause (c), the following clause shall be substituted, namely :- "(c) the amount of input tax in respect of capital goods not covered under clauses (a) and (b), denoted as 'A', being the amount of tax as reflected on the invoice, shall credit directly to the electronic credit ledger and the validity of the useful life of such goods shall extend upto five years from the date of the invoice for such goods: Provided that where any capital goods earlier covered under clause (a) is su....
X X X X Extracts X X X X
X X X X Extracts X X X X
....gate value 'T"; (c) in clause (e), the following Explanation shall be inserted, namely :- "Explanation.- For the removal of doubt, it is clarified that useful life of any capital goods shall be considered as five years from the date of invoice and the said formula shall be applicable during the useful life of the said capital goods."; (d) clause (f) shall be omitted. Amendment of rule 80 6. In the said rules, in rule 80, in sub-clause (3), the following proviso shall be inserted, namely :- "Provided that every registered person whose aggregate turnover during the financial year 2018-2019 exceeds five crore rupees shall get his accounts audited as specified under sub-section (5) of section 35 and....
X X X X Extracts X X X X
X X X X Extracts X X X X
....mely :- "(1A)Where, upon examination of the application of refund of any amount paid as tax other than the refund of tax paid on zero-rated supplies or deemed export, if the proper officer is satisfied that a refund under sub-section (5) of section 54 of the Act is due and payable to the applicant, he shall make an order in FORM RFD-06 sanctioning the amount of refund to be paid, in cash, proportionate to the amount debited in cash against the total amount paid for discharging tax liability for the relevant period, mentioning therein the amount adjusted against any outstanding demand under the Act or under any existing law and the balance amount refundable and for the remaining amount which has been debited from the electronic cred....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... sale proceeds in respect of such export goods have not been realised, in full or in part, in India within the period allowed under the Foreign Exchange Management Act, 1999 (42 of 1999), including any extension of such period, the person to whom the refund has been made shall deposit the amount so refunded, to the extent of non-realisation of sale proceeds, along with applicable interest within thirty days of the expiry of the said period or, as the case may be, the extended period, failing which the amount refunded shall be recovered in accordance with the provisions of section 73 or 74 of the Act, as the case may be, as is applicable for recovery of erroneous refund, along with interest under section 50; Provided that where sale....