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Sikkim Goods and Services Tax (Second Amendment) Rules, 2019.

..... 9 NOTIFICATION In exercise of the powers conferred by section 164 of the Sikkim Goods and Services Tax Act, 2017 (12 of 2017), and all other powers enabling him in this behalf, the Governor of Sikkim, on the recommendations of the Council, is pleased to make the following rules further to amend the Sikkim Goods and Services Tax Rules, 2017, namely:- RULES 1. (1) These rules may be called the (2) Save as otherwise provided in these rules, they shall be deemed to have come into force on the 29th March, 2019. 2. In the Sikkim Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), 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 the entire assets 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 .....

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..... STR-3B or through FORM DRC-03; ; (f) in the clause (m), for the words added to the output tax liability of the registered person , the words, letters and figures reversed by the registered person in FORM GSTR-3B or through FORM DRC-03 shall be substituted; (b) in sub-rule (2), for the words The input tax credit , the words, figures and bracket Except in case of supply of services covered by clause (b) of paragraph 5 of the Schedule II of the Act, the input tax credit shall be substituted; (c) in the clause (a) of sub-rule (2), for the words added to the output tax liability of the registered person , the words, letters and figures reversed by the registered person in FORM GSTR-3B or through FORM DRC-03 shall be substituted; (d) after sub-rule (2), the following sub-rules shall be inserted, namely:- (3) In case of supply of services covered by clause (b) of paragraph 5 of the Schedule II of the Act, the input tax determined under sub-rule (1) shall be calculated finally, for each ongoing project or project which commences on or after 1st April, 2019, which did not undergo or did not require transition of input tax credit consequent to change of rates of tax on 1st April, 2019 in acc .....

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..... EP), which underwent transition of input tax credit consequent to change of rates of tax on the 1st April, 2019 in accordance with notification No. 11/2017- State Tax (Rate), dated the 30th June, 2017, as amended 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, 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, in the following manner. (a) The aggregate amount of common credit on commercial portion in the project (C3aggregate_comm) shall be calculated as under, C3aggregate_comm =[aggregate of amounts of C3 determined under sub- rule (1) for the tax periods starting from 1st July, 2017 to 31st March, 2019, x (AC / AT)] + [ aggregate of amounts of C3 determined under sub- rule (1) for the tax periods starting from 1st April, 2019 to the date of completion or first occupation of the project, whichever is earlier] Where, - AC = total carpet area of the commercial apartments in the project AT = total carpet area .....

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..... 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 the Schedule II of the said Act, the amount of input tax in respect of capital goods used or intended to be used exclusively for effecting supplies other than exempted supplies but including zero rated supplies, shall be zero during the construction phase because capital goods 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. ; (d) in clause (g),- (A) after the letter and words F is the total turnover , the words in the State shall be inserted; (B) before the proviso, the following proviso shall be inserted, namely,- Provided that in case of supply of services covered by clause (b) of paragraph 5 of the 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 th .....

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..... V1+V2)],- Where,- V1 is the total value of supply of such apartments which was exempt from tax; and V2 is the total value of supply of such apartments which was taxable E3 = aggregate carpet area of the apartments, construction of which is not exempt from tax, but have not been booked till the date of issuance of completion certificate or first occupation of the project, whichever is earlier: F= aggregate carpet area of the apartments in the project; Tcfinal= aggregate of Afinal in respect of all capital goods used in the project and Afinal for each capital goods shall be calculated as under, Afinal= A x (number of months for which capital goods is used for the project/60) and,- (a) where value of Tefinal exceeds the aggregate of amounts of Te determined for each tax period under sub-rule (1), such excess shall be reversed by the registered person in FORM GSTR-3B or through FORM 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 takes place of the project and the said person shall be liable to pay interest on the said excess amount at the rate specified in sub-section (1 .....

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..... ial use as declared to the Real Estate Regulatory Authority or to competent authority; (vii) Commercial apartment shall mean an apartment other than a 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 .....

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..... assessment under sub-section (1) of section 64 shall be issued in FORM GST ASMT-16 and a summary 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 subsection (2) of section 64 shall be issued in FORM GST ASMT-18. . 7. With effect from 1st April, 2019, 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 p .....

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..... mely:- FORM GST DRC - 01 [See rule 100 (2) & 142(1)(a)] Reference No: Date: To ____________GSTIN/Temp. ID - Name ____________Address Tax Period - F.Y. - Act - Section / sub-section under which SCN is being issued - SCN Reference No. - Date - Summary of Show Cause Notice (a) Brief facts of the case : (b) Grounds : (c) Tax and other dues : (Amount in Rs.) Sr. No. Tax rate Turnover Tax Period Act POS (Place of Supply) Tax Interest Penalty Others Total From To 1 2 3 4 5 6 7 8 9 10 11 12 Total 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 the demand is created under the IGST Act. 9. 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: Date: To _______________ GSTIN/ID - Name _______________ Address Tax Period : F.Y. : Section /sub-section under which statement is being issued : SCN Ref. No. - Date - Statement Ref. No. - Date - Summary of Statement : (a) Brief facts of the case : (b .....

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..... ection 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 rate Turnover Tax Period Act POS (Place of Supply) Tax Interest Penalty Others Total From To 1 2 3 4 5 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 Name Designation Jurisdiction Address To _______________ (GSTIN/ID) _______________ Name _______________ (Address ) Note - 1. Only applicable fields may be filled up. 2. 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. 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. 12. In the said rules, for FORM GST ASMT-13, the following FORM shall be substituted, namely:- FORM GST ASMT- 13 [See rule 100(1)] Reference No.: Date: To _______________ (GS .....

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..... not pay tax for the period …………. as your registration has been cancelled under sub-section (2) of section 29 with effect from- Whereas, no reply was filed by you or your reply was duly considered during proceedings held on - 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. No. Tax rate Turnover Tax Period Act POS (Place of Supply) Tax Interest Penalty Others Total From To 1 2 3 4 5 6 7 8 9 10 11 12 Total 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 to make the payment by << date >> 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. .....

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