9911796707
TMI BlogChanges in Circulars issued earlier under the MGST Act, 2017.X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 2018, UTGST (Amendment) Act, 2018 and the GST (Compensation to States) (Amendment) Act, 2018 (hereafter referred to as the GST Amendment Acts) have been brought in force with effect from 01.02.2019. 2. Consequent to the GST Amendment Acts, the following circulars issued earlier under the MGST Act, 2017 are hereby amended with effect from 01.02.2019, to the extent detailed in the succeeding paragraphs. 3. Circular No. 50 T of 2017 dated 07.12.2017 The circular is revised in view of the amendment carried out in section 2(6) of the IGST Act, 2017 vide section 2 of the IGST (Amendment) Act, 2018 allowing realization of export proceeds in INR, wherever allowed by the RBI. Accordingly, the original and the amended relevant para of the ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deemed to be export of services only if the payment for such services is received by the supplier in convertible foreign exchange. 3.2 Amended Para 3.9. Realization of export proceeds in Indian Rupee: 3.9.1. Attention is invited to para A (v) Part- I of RBI Master Circular No. 14/2015-16 dated 01st July, 2015 (updated as on 05th November, 2015), which states that "there is no restriction on invoicing of export contracts in Indian Rupees in terms of the Rules, Regulations, Notifications and Directions framed under the Foreign Exchange Management Act, 1999. Further, in terms of Para 2.52 of the Foreign Trade Policy (2015-2020), all export contracts and invoices shall be denominated either in freely convertible currency or Indian rupees bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posing confiscation of the goods and conveyance and imposition of penalty. 4.2. Amended Para 2(k) In case the proposed tax and penalty are not paid within fourteen days from the date of the issue of the order of detention in FORM GST MOV-06, the action under section 130 of the MGST Act shall be initiated by serving a notice in FORM GST MOV-10, proposing confiscation of the goods and conveyance and imposition of penalty. 4.3 Further, FORM GST MOV-08 and FORM GST MOV-09, annexed to the circular are revised as below: FORM GST MOV-08 (para 4) And if all taxes, interest, penalty, fine and other lawful charges demanded by the proper officer are duly paid within fourteen days of the date of detention being made in writing by the said prope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of filing a final return, as under section 45 of the MGST Act, remains unchanged. 5.2. Amended Para 11. It is pertinent to mention here that section 29 of the MGST Act has been amended by the MGST (Amendment) Act, 2018 to provide for "Suspension" of registration. The intent of the said amendment is to ensure that a taxpayer is freed from the routine compliances, including filing returns, under GST Act during the pendency of the proceedings related to cancellation. Accordingly, the field formations may not issue notices for non-filing of return for taxpayers who have already filed an application for cancellation of registration under section 29 of the MGST Act. Further, the requirement of filing a final return, as under section 45 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
