TaxTMI 
TaxTMI 
Clarification in respect of certain GST related issues - reg.
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed, in exercise of its powers conferred by Section 168 of the Goa Goods and Services Tax Act, 2017 (hereinafter referred to as "Goa GST Act"), hereby clarifies each of these issues as under: Sr. No. Issue Classification 1 2 3 1. Section 16 (4), as amended with effect from 01-01-2021, provides that a registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under Section 39 for month of September following the end of financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier. Doubts has been raised seeking foll....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Goods and Services Tax (Second Amendment) Bill, 2020 (Bill No. 19 of 2020) states that "(iii) amend sub-section (4) of Section 16 of the said Act so as to delink the date of issuance of debit note from the date of issuance of the underlying invoice for purposes of availing input tax credit." 3. Accordingly, it is clarified that: (a) w.e.f. 01-01-2021, in case of debit notes, the date of issuance of debit note (not the date of underlying invoice) shall determine the relevant financial year for the purpose of Section 16 (4) of the Goa GST Act. (b) The availament of ITC on debit notes in respect of amended provision shall be applicable from 01-01-2021. Accordingly, for availment of ITC on or after 01-01-2021 in respect of ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....invoice) 1. Rule 138A (1) of the Goa GST Rules, 2017 inter-alia, provides that the person in charge of a conveyance shall carry- (a) the invoice or bill of supply or delivery challan, as the case may be; and (b) a copy of the e-way bill or the e-way bill number, either physically or mapped to a Radio Frequency Identification Device embedded on to the conveyance in such manner as may be notified by the Commissioner. 2. Further, rule 138A (2) of Goa GST Rules, after being amended vide Notification No. 38/1/2017-Fin(R & C)(176)/620 dated 14-10-2020, states that "In case, invoice is issued in the manner prescribed under sub-rule (4) of Rule 48, the Quick Reference (OR) code having an embedded invoice Reference Number (IRN) in it, may be p....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f which either NIL rate is specified in Second Schedule to the Customs Tariff Act, 1975 or which are fully exempted from payment of export duty by virtue of any customs notification or which are not covered under Second Schedule to the Customs Tariff Act, 1975, cannot be considered to be subjected to any export duty under Customs Tariff Act, 1975. 2. Accordingly, it is clarified that only those goods which are actually subjected to export duty i.e., on which some export duty has to be paid at the time of export, will be covered under the restriction imposed under Section 54 (3) from availment of refund of accumulated ITC. Goods, which are not subject to any export duty and in respect of which either NIL rate is specified in Second Schedu....