TMI BlogKerala Goods and Services Tax (Second Amendment) Rules, 2022X X X X Extracts X X X X X X X X Extracts X X X X ..... s been suspended under sub-rule (2A) for contravention of the provisions contained in clause (b) or clause (c) of sub-section (2) of section 29 and the registration has not already been cancelled by the proper officer under rule 22, the suspension of registration shall be deemed to be revoked upon furnishing of all the pending returns. ; 3. In the said rules, in Explanation 1 to rule 43, after clause (c), the following clause shall be inserted, namely: (d) the value of supply of Duty Credit Scrips specified in the notification issued under G.O. (P) No. 152/2017/ TAXES, dated 15th November, 2017 and published as S.R.O. No. 728/2017 in the Kerala Gazette Extraordinary No. 2503 dated 15th November, 2017. . 4. In the said rules, in rule 46, after clause (r), the following clause shall be inserted, namely: - (s) a declaration as below, that invoice is not required to be issued in the manner specified under sub-rule (4) of rule 48, in all cases where an invoice is issued, other than in the manner so specified under the said sub-rule (4) of rule 48, by the taxpayer having aggregate turnover in any preceding financial year from 2017-18 onwards more than the aggregate turnov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest shall be calculated on the amount of tax which remains unpaid, for the period starting from the date on which such tax was due to be paid till the date such tax is paid, at such rate as may be notified under sub-section (1) of section 50. (3) In case, where interest is payable on the amount of input tax credit wrongly availed and utilised in accordance with sub-section (3) of section 50, the interest shall be calculated on the amount of input tax credit wrongly availed and utilised, for the period starting from the date of utilisation of such wrongly availed input tax credit till the date of reversal of such credit or payment of tax in respect of such amount, at such rate as may be notified under said sub-section (3) of section 50. Explanation. -For the purposes of this sub-rule, - (1) input tax credit wrongly availed shall be construed to have been utilised, when the balance in the electronic credit ledger falls below the amount of input tax credit wrongly availed, and the extent of such utilisation of input tax credit shall be the amount by which the balance in the electronic credit ledger falls below the amount of input tax credit wrongly availed. (2) the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inverted rated supply of goods and services x (Net ITC ITC availed on inputs and input services)}. shall be substituted; 9. In the said rules, rule 95A shall be deemed to have been omitted with effect from the 1st July, 2019; 10. In the said rules, with effect from the 1st day of July, 2017, in rule 96, (a) in sub-rule (1), for clause (b), the following clause shall be deemed to have been substituted, namely: - (b) the applicant has furnished a valid return in FORM GSTR-3B : Provided that if there is any mismatch between the data furnished by the exporter of goods in Shipping Bill and those furnished in statement of outward supplies in FORM GSTR-1, such application for refund of integrated tax paid on the goods exported out of India shall be deemed to have been filed on such date when such mismatch in respect of the said shipping bill is rectified by the exporter; ; (b) in sub-rule (4), (i) in clause (b), for the figures (Central Act 52 of 1962). the figures and word (Central Act 52 of 1962); or shall be deemed to have been substituted; (ii) after clause (b), the following clause shall be deemed to have been inserted, namely:- (c) the Commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be inserted; (b) after paragraph 3.1, the following paragraph shall be inserted, namely: - 3.1.1 Details of supplies notified under sub-section (5) of section 9 of the Kerala Goods and Services Tax Act, 2017 and corresponding provisions in Integrated Goods and Services Tax/Union Territory Goods and Services Tax/State Goods and Services Tax Acts. Nature of Supplies Total Taxable value Integrated Tax Central Tax State/UT Tax Cess 1 2 3 4 5 6 (i) Taxable supplies on which electronic commerce operator pays tax under sub-section (5) of section 9 [to be furnished by the electronic commerce operator] (ii) Taxable supplies made by the registered person through electronic commerce operator, on which electronic commerce operator is required to pay tax under sub-section (5) of section 9 [ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll have an option to either separately report his supplies as exempted and nil rated supply or report consolidated information for these two heads in the exempted row only. ; (II) against serial numbers 5H, 5I, 5J and 5K, for the figures and word 2019-20 and 2020-21 , the figures and word 2019-20, 2020-21 and 2021-22 shall respectively be substituted; (b) in paragraph 5, in the Table, in second column, - (A) against serial numbers 6B, 6C, 6D and 6E, for the letters and figures FY 2019-20 and 2020-21 , the letters, figures and word FY 2019-20, 2020-21 and 2021-22 shall respectively be substituted; (B) against serial numbers 7A, 7B, 7C, 7D, 7E, 7F, 7G and 7H, for the figures and word 2019-20 and 2020-21 , the figures and word 2019-20, 2020-21 and 2021-22 shall be substituted; (c) in paragraph 7, - (A) after the words and figures April 2021 to September 2021. , the following shall be inserted, namely: - For FY 2021-22, Part V consists of particulars of transactions for the previous financial year but paid in the FORM GSTR-3B between April, 2022 to September, 2022. ; (B) in the Table, in second column, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6B and 16C for the figures and word 2019-20 and 2020-21 wherever they occur, the figures and word 2019-20, 2020-21 and 2021-22 shall respectively be substituted. ; (C) against serial numbers 17 and 18, - (I) after the words, letters and figures for taxpayers having annual turnover above ₹ 5.00 Cr. , the words, letters and figures From FY 2021-22 onwards, it shall be mandatory to report HSN code at six digits level for taxpayers having annual turnover in the preceding year above ₹ 5.00 Cr and at four digits level for all B2B supplies for taxpayers having annual turnover in the preceding year upto ₹ 5.00 Cr. shall be inserted; (II) the following paragraph shall be inserted at the end, namely: - For FY 2021-22, the registered person shall have an option to not fill Table 18. ; 13. In the said rules, in FORM GSTR-9C , under the heading Instructions, - (a) in paragraph 4, in the Table, in second column, for the figures and word 2019-20 and 2020-21 , wherever they occur, the figures and word 2019-20, 2020-21 and 2021-22 shall be substituted; (b) in paragraph 6, in the Table, in second column, aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 Signature Name Designation of the officer Note: Central Tax stands for Central Goods and Services Tax; State Tax stands for State Goods and Services Tax; UT Tax stands for Union territory Goods and Services Tax; Integrated Tax stands for Integrated Goods and Services Tax and Cess stands for Goods and Services Tax (Compensation to States) ; 15. In the said rules, in FORM GST PMT-06, - (a) Under the heading Mode of Payment (relevant part will become active when the particular mode is selected) for the portion starting with __e-Payment (This will include all modes of e-payment such as CC/DC and net banking. Taxpayer will choose one of this) and ending with Note: Charges to be separately paid by the person making payment . , the following shall be substituted, namely: -. __e-Payment (This will include all modes of e-payment such as CC/DC, net banking and UPI. Taxpayer will choose one of this) __Over the Counter (OTC) __IMPS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d rules, in FORM GST PMT-09, - (a) for the brackets, words and figures [ See rule 87(13) ] , the brackets, words and figures [ See rule 87(13) and 87(14) ] shall be substituted; (b) in the Table, after serial No. 4, following serial number and entries shall be inserted, namely: - 4A. GSTIN of transferee on the same PAN ; (c) Under the heading Instructions, after paragraph 5, following paragraphs shall be inserted, namely: - (6) Amount available in cash ledger under CGST / IGST head can be transferred to any other taxpayer registered on the same PAN under CGST/IGST head, if required. (7) Amount shall not be allowed to be transferred if unpaid liability exists in the Electronic Liability Register of the transferor. ; 18. In the said rules, in FORM-GST-RFD-01 , - (a) in Statement-3 , in the Table, under the heading Shipping bill/Bill of export, after column 9, the following column shall be inserted, namely: - FOB value 9A ; (b) after Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
