TaxTMI 
TaxTMI 
Notification regarding amendment in RGST Amendment (Second amendment) Rules, 2019
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....of the business, whether or not input tax credit has been availed thereon.". 3. 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 T4 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 "andat summary level in FORM GSTR-3B" shall be inserted; 1 (b) (c) (d) e. 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-3Bor through FORM GST DRC-0....
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....pect of 'D1' and 'D2', such excess shall be reversed by the registered person in FORM GSTR-3Bor through FORM 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 comm....
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.... 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 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 No. F.12(56) FD/Tax/2017-Pt-I-49, dated the 29th 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-rugle (3).". 4 4. With effect from 1st April, 2019, in rule 43 of the said rules,- (i) in sub rule (1),- (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)....
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.... notification No. F.12(56)FD/Tax/2017-Pt-I-49, dated 29th June, 2017, as amended.â€; (C) in the proviso, for the word “Providedâ€, 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."; 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 (Tefinal) shall be calculated finally 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, 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: [(E1 + E2 + E3) /F] × Tcfinal¸ Te fina....
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....iso, the following proviso shall be inserted, namely:- "Provided that in case of supply of services covered by clause (b) of paragraph 5 of Schedule II of the Act, the value of 'E/F' for a tax period shall be calculated for each project separately, taking value of E and F as under:- E= aggregate carpet area of the apartments, construction of which is exempt from tax plus aggregate carpet area of the apartments, construction of which is not exempt from tax, but are identified by the promoter to be sold after issue of completion certificate or first occupation, whichever is earlier; F-aggregate carpet area of the apartments in the project; Explanation 1: In the tax period in which the issuance of completion certificate or first occupation of the project takes place, value of E shall also include aggregate carpet area of the apartments, which have not been booked till the date of issuance of completion certificate or first occupation of the project, whichever is earlier; Explanation 2: Carpet area of apartments, tax on construction of which is paid or payable at the rates specified for items (i), (ia), (ib), (ic) or (id), against serial number 3 of the Table in the n....
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.... residential apartment; (viii) the term "competent authority" as mentioned in definition of “residential apartment", means the local authority or any authority created or established under any law for the time being in force by the Central Government or State Government or Union Territory Government, which exercises authority over land under its jurisdiction, and has powers to give permission for development of such immovable property; (ix) the term "Real Estate Regulatory Authority" shall mean the Authority established under sub-section (1) of section 20 (1) of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) by the Central Government or State Government; (x) the term "carpet area†shall have the same meaning assigned to it in in clause (k) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016); (xi) "an apartment booked on or before the date of issuance of completion certificate or first occupation of the project" shall mean an apartment which meets all the following three conditions, namely- (a) part of supply of construction of the apartment service has time of supply on or before the said date; a....
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....y of the order shall be uploaded electronically in FORM GST DRC-07. (4) The person referred to in sub-section (2) of section 64 may file an application for withdrawal of the assessment order in FORM GST ASMT-17. (5) The order of withdrawal or, as the case may be, rejection of the application under sub-section (2) of section 64 shall be issued in FORM GST ASMT-18.â€. 40 11 7. With effect from 1st April, 2019, in the said rules, for rule 142, the following rule shall be substituted, namely:- "142. Notice and order for demand of amounts payable under the Act.-(1) The proper officer shall serve, along with the (a) notice issued under section 52 or section 73 or section 74 or section 76 or section 122 or section 123 or section 124 or section 125 or section 127 or section 129 or section 130, a summary thereof electronically in FORM GST DRC-01, (b) statement under sub-section (3) of section 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 accorda....
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....ly:- "FORM GST DRC - 01 [See rule 100 (2) & 142(1)(a)] Reference No: To Tax Period - _GSTIN/Temp. ID Name Address Section sub-section under which SCN is being issued - SCN Reference No. Brief facts of the case: Grounds : Tax and other dues : Date Date: F.Y. Act - Summary of Show Cause Notice 13 Sr. Ta Turnove Tax No. X r Period rate 1 2. Tota 1 Fro 3 w. m 4 (Amount in Rs.) Ac POS Ta Interes Penalt Other Tota (Place X S I of Supply T 0 in 5 6 7 8 9 10 11 12 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 the demand is created under the IGST Act.". 9. With effect from 1st April, 2019, in the said rules, for FORM GST DRC-02, the following FORM shall be substituted, namely:- "FORM GST DRC -02 [See rule 142(1)(b)] Reference No: Το Tax Period: GSTIN/ID Name Address F.Y.: 14 Date: Section /sub-section under which statement is being issued: SCN Ref. No. Date Date - Summary of Statement : (a) Brief f....
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....ed to above has been examined . It has come to my notice that the above said order requires rectification (Reason for rectification as per attached annexure) 4. The order referred to above (issued under section 129) requires to be withdrawn 5. Description of goods / services (if applicable): Sr. No. HSN code Description 6. Section of the Act under which demand is created: 7. Details of demand, if any, after rectification : (Amount in Rs.) Sr. No. Tax Turnover Tax Period Act Rate From To POS (Place of Tax Interest Penalty Others Total Supply) 2 3 15 6 7. 8 9 10 11 12 Total You are hereby directed to make the payment by failing which proceedings shall be initiated against you to recover the outstanding dues. Signature 18 Name Designation Jurisdiction Address Το (GSTIN/ID) Name (Address) Note - Only applicable fields may be filled up. Column nos. 2, 3, 4 and 5 of the Table at serial no. 7 i.e. tax rate, turnover and tax period are not mandatory. Place of Supply (POS) details shall be required only if the demand is created under the IGST Act. Demand table at serial no. 7 shall not be filled up if an order issued under section 129 is b....
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....lain the reasons for continuing to conduct business as an un-registered person, despite being liable to be registered under the Act. OR The notice referred to above was issued to you to explain the reasons as to why you should not pay tax for the period as your registration has been cancelled under sub-section (2) of section 29 with effect from------ held on Whereas, no reply was filed by you or your reply was duly considered during proceedings date(s). On the basis of information available with the department / record produced during proceedings, the amount assessed and payable by you is as under: Introduction: Submissions, if any : Conclusion (to drop proceedings or to create demand) : Amount assessed and payable : (Amount in Rs.) ☠Sr. Tax Rate Turnover Tax Period Act POS Tax Interest Penalty Others Total 21 No. Total From To (Place of Supply) 2 3 4 56 7 9 10 11 12 Please note that interest has been calculated upto 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 hereby directed t....