Central Tax Notification No 70 of 2017 dt 21st December, 2017 under GST

 

Notification no 70/2017 Central Tax date on 21st December, 2017, GST

 

 

Seeks to further amend CGST Rules, 2017 (Thirteenth Amendment).

 

The extract of GST Notification No. 70/2017- Central Tax is given below:

 

Notification No. 702017- Central Tax, GST

 

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]

 

Government of India

Ministry of Finance

(Department of Revenue)

Central Board of Excise and Customs

 

Notification No. 70/2017 – Central Tax

 

New Delhi, the 21st December, 2017

 

G.S.R……(E):- In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central

 

Government hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:-

 

(1) These rules may be called the Central Goods and Services Tax (Thirteenth Amendment) Rules, 2017.

 

(2) They shall come into force on the date of their publication in the Official Gazette.

 

2. In the Central Goods and Services Tax Rules, 2017, -

 

(i) in FORM GSTR-1, for Table – 6, the following shall be substituted, namely:-

 

“6. Zero rated supplies and Deemed Exports

 

GSTIN of

Invoice details

Shipping

 

Integrated Tax

 

 

 

Central Tax

 

 

 

State / UT Tax

 

Cess

recipient

 

 

 

 

 

bill/ Bill of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

export

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No.

 

Date

 

Value

No.

Date

Rate

 

 

Taxable

Amt.

 

Rate

 

Taxable

Amt

 

Rate

 

 

Taxable

Amt

 

 

 

 

 

 

 

 

 

 

 

 

 

 

value

 

 

 

 

value

 

 

 

 

 

value

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1

 

 

2

3

4

5

6

7

8

9

10

11

 

12

13

14

15

16

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6A. Exports

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6B. Supplies made to SEZ unit or SEZ Developer

 

6C. Deemed exports

(ii) in FORM GST RFD-01,-

 

(a) in Table 7, in clause (h), for the words “Recipient of deemed export”, the words “Recipient of deemed export supplies/ Supplier of deemed export supplies” shall be substituted;

 

(b) after Statement 1, the following Statement shall be inserted, namely:-

 

“Statement 1A [rule 89(2)(h)]

Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]

 

Sl.

Details of invoices of inward

Tax paid on inward supplies

Details of invoices of outward supplies

Tax paid on outward supplies

 

No.

 

supplies received

 

 

 

 

 

issued

 

 

 

 

 

No.

Date

Taxable

Integrated

Central

State

/  No.

Date

Taxable Value

Integrated

Central

State

/

 

 

 

Value

Tax

Tax

Union

 

 

 

Tax

Tax

Union

 

 

 

 

 

 

 

territory

 

 

 

 

 

territory

 

 

 

 

 

 

 

Tax

 

 

 

 

 

Tax

 

1

2

3

4

5

6

7

8

9

10

11

12

13

 

  

(c) after Statement 5A, the following Statement shall be inserted, namely:-

 

“Statement 5B [rule 89(2)(g)]

 

Refund Type: On account of deemed exports

 

(Amount in Rs)

  

Sl. No.

 

Details of invoices of outward supplies in case

 

 

Tax paid

 

 

 

refund is claimed by supplier/Details of

 

 

 

 

 

 

invoices of inward supplies in case refund is

 

 

 

 

 

 

 

claimed by recipient

 

 

 

 

 

 

No.

Date

Taxable Value

Integrated Tax

Central Tax

State /Union Territory Tax

Cess

1

2

3

4

5

6

7

8

 

 

 

 

 

 

 

 

;”

 

 

(d)  for the DECLARATION [rule 89(2)(g)], the following shall be substituted, namely:-“DECLARATION [rule 89(2)(g)]

 

(For recipient/supplier of deemed export)

 

In case refund claimed by recipient

 

I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare that the supplier has not claimed refund with respect to the said supplies.

 

In case refund claimed by supplier

 

I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed. I also declare that the recipient shall not claim any refund with respect of the said supplies and also, the recipient has not availed any input tax credit on such supplies.

 

Signature

 

Name –

 

Designation / Status

 

UNDERTAKING

 

I hereby undertake to pay back to the Government the amount of refund sanctioned along with interest in case it is found subsequently that the requirements of clause (c) of sub-section (2) of section 16 read with sub-section (2) of section 42 of the CGST/SGST Act have not been complied with in respect of the amount refunded.

 

 

Signature

 

Name –

 

Designation / Status”;

 

(iii) in FORM GST RFD-01A,-

 

(a) in Table 7, in clause (g), for the words “Recipient of deemed export”, the words “Recipient of deemed export supplies/ Supplier of deemed export supplies” shall be substituted;

 

(b) after the DECLARATION [rule 89(2)(f)], the following shall be inserted, namely:-

 

DECLARATION [rule 89(2)(g)]

 

(For recipient/supplier of deemed export)

 

In case refund claimed by recipient

 

I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period.I also declare that the supplier has not claimed refund with respect to the said supplies.

 

In case refund claimed by supplier

 

I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the recipient shall not claim any refund with respect of the said supplies and also, the recipient has not availed any input tax credit on such supplies.

 

Signature

 

Name –

 

Designation / Status

 

  

UNDERTAKING

 

I hereby undertake to pay back to the Government the amount of refund sanctioned along with interest in case it is found subsequently that the requirements of clause (c) of sub-section (2) of section 16 read with sub-section (2) of section 42 of the CGST/SGST Act have not been complied with in respect of the amount refunded.

 

 

Signature

 

Name –


 

 

 

 

 

 

 

 

 

 

 

 

 

Designation / Status”;

 

 

 

 

 

 

 

 

(c) after Statement 1, the following Statement shall be inserted, namely:-

 

 

 

 

 

 

 

 

 

 

 

“Statement 1A [rule 89(2)(h)]

 

 

 

 

Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]

 

 

 

 

 

 

 

 

 

 

Sl.

Details of invoices of inward

Tax paid on inward supplies

Details of invoices of outward supplies

Tax paid on outward supplies

 

No.

 

supplies received

 

 

 

 

 

issued

 

 

 

 

 

No.

Date

Taxable

Integrated

Central

State

/  No.

Date

Taxable Value

Integrated

Central

State

/

 

 

 

Value

Tax

Tax

Union

 

 

 

Tax

Tax

Union

 

 

 

 

 

 

 

territory

 

 

 

 

 

territory

 

 

 

 

 

 

 

Tax

 

 

 

 

 

Tax

 

1

2

3

4

5

6

7

8

9

10

11

12

13

 

  

(d) after Statement 5A, the following Statement shall be inserted, namely:-


 

 

“Statement 5B [rule 89(2)(g)]

 

Refund Type: On account of deemed exports

 

(Amount in Rs)

 

 

 

Sl. No.

 

Details of invoices of outward supplies in case

 

 

Tax paid

 

 

 

refund is claimed by supplier/ Details of

 

 

 

 

 

 

invoices of inward supplies in case refund is

 

 

 

 

 

 

 

claimed by recipient

 

 

 

 

 

 

No.

Date

Taxable Value

Integrated Tax

Central Tax

State /Union Territory Tax

Cess

1

2

3

4

5

6

7

8

 

 

 

 

 

 

 

 

”.

 

 

 

 

 

 

 

[F. No. 349/58/2017-GST(Pt.)]

 

 

(Gunjan Kumar Verma)

 

Under Secretary to the Government of India

 

Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide notification No. 3/2017-Central Tax, dated the 19th June,2017, published vide number G.S.R 610 (E), dated the 19thJune, 2017 and last amended vide notification No. 55/2017-Central Tax, dated the 15th November, 2017, published vide number G.S.R 1411 (E), dated the 15th November, 2017.


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