TMI BlogClarification in respect of certain challenges faced by the registered persons in implementation of provisions or GST LawsX X X X Extracts X X X X X X X X Extracts X X X X ..... Subject: Clarification in respect of certain challenges faced by the registered persons in implementation of provisions or GST Laws-reg. The Department of Revenue Central Board of Indirect Taxes and Customs, GST Policy Wing vide Circular No. 137/07/2020- GST dated 13 th April. 2020 has issued a clarification in respect of certain challenges faced by the registered persons in implementation of provisions of GST Laws, in order to ensure uniformity in the implementation of the provisions of law across the field formations, which is annexed herewith. In exercise of powers conferred by section 168 of the Tripura State Goods and Services Tax Act, 2017 (Tripura Act No. 9 of 2017) for the purpose of uniformity in the implementat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are being faced by taxpayers in adhering to the compliance requirements under various other provisions of the CGST Act which also need to be clarified. 2. The issues raised have been examined and in order to ensure uniformity in the implementation of the provisions of the law across the field formations, the Board, in exercise of its powers conferred under section 168(1) of the CGST Act hereby clarifies as under: S. No. Issue Clarification 1. An advance is received by a supplier for a Service contract which subsequently got cancelled. The supplier has issued the invoice before supply of service and paid the GST the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her in terms of section 31 (3) (e) of the CGST Act read with rule 51 of the CGST Rules . The taxpayer can apply for refund of GST paid on such advances by filing FORM GST RFD-01 under the category Refund of excess payment of tax . 3. Goods supplied by a supplier under cover of a tax invoice are returned by the recipient. Whether he can claim refund of tax paid or is he required to adjust his tax liability in his returns ? In such a case where the goods supplied by a supplier are returned by the recipient and where tax invoice had been issued, the supplier is required to issue a credit note in terms of section 34 of the CGST Act . He shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x, time limit for filing of LUT for the year 2020-21 shall stand extended to 30.06.2020 and the taxpayer can continue to make the supply without payment of tax under LUT provided that the FORM GST RFD-11 for 2020-21 is furnished on or before 30.06.2020. Taxpayers may quote the reference no of the LUT for the year 2019-20 in the relevant documents. 5. While making the payment to recipient, amount equivalent to one per cent was deducted as per the provisions of section 51 of Central Goods and Services Tax Act, 2017 i. e. Tax Deducted at Source (TDS). Whether the date of deposit of such payment has also been extended vide notification N. 35/2020-Central Tax dated 03.04.2020 ? ..... X X X X Extracts X X X X X X X X Extracts X X X X
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