Central Tax Notification No 74 of 2018 dt 31st December, 2018 under GST

Posted on 11 June 2022 Category : Notifications

Statement- 3A [rule 89(4)]

Refund Type: Export without payment of tax (accumulated ITC) – calculation of refund amount

Financial Statement but are not permissible under GST

Adjustments on account of supply of goods by SEZ

units to DTA Units

(-)

Notification No. 742018- Central Tax, GST

Notification no 74/2018 Central Tax date on 31st December, 2018, GST

Fourteenth amendment to the CGST Rules, 2017 .

The extract of GST Notification No. 74/2018- Central Tax is given below:

[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 Indirect Taxes and Customs

Notification No. 74/2018 – Central Tax

New Delhi, 31^st December, 2018

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 (Fourteenth Amendment) Rules, 2018.

(2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette.

In the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), in rule 12, after sub-rule (1), the following sub-rule shall be inserted, namely:-

?(1A) A person applying for registration to collect tax in accordance with the provisions of section 52, in a State or Union territory where he does not have a physical presence, shall mention the name of the State or Union territory in PART A of the application in FORM GST REG-07 and mention the name of the State or Union territory in PART B thereof in which the principal place of business is located which may be different from the State or Union territory mentioned in PART A.?.

In the said rules, in rule 45, in sub-rule (3), after the words ?received from a job worker?, the words, ?or sent from one job worker to another? shall be omitted.

In the said rules, in rule 46, after the fourth proviso, the following proviso shall be inserted, namely:-

?Provided also that the signature or digital signature of the supplier or his authorised representative shall not be required in the case of issuance of an electronic invoice in accordance with the provisions of the Information Technology Act, 2000 (21 of 2000).?.

In the said rules, in rule 49, after the second proviso, the following proviso shall be inserted, namely:-

?Provided also that the signature or digital signature of the supplier or his authorised representative shall not be required in the case of issuance of an electronic bill of supply in accordance with the provisions of the Information Technology Act, 2000 (21 of 2000).?.

In the said rules, in rule 54,-

(a) in sub-rule (2), the following proviso shall be inserted, namely:-

?Provided that the signature or digital signature of the supplier or his authorised representative shall not be required in the case of issuance of a consolidated tax invoice or any other document in lieu thereof in accordance with the provisions of the Information Technology Act, 2000 (21 of 2000).?.

(b) in sub-rule (4), the following proviso shall be inserted, namely:-

?Provided that the signature or digital signature of the supplier or his authorised representative shall not be required in the case of issuance of ticket in accordance with the provisions of the Information Technology Act, 2000 (21 of 2000).?.

In the said rules, in explanation (b) to sub-rule (5) of rule 89, the following clause shall be substituted, namely:-

?Adjusted Total turnover? and ?relevant period? shall have the same meaning as assigned to them in sub-rule (4).?.

In the said rules, in rule 96, in sub-rule (1), in clause (a), after the words ?export goods duly files?, the words ?a departure manifest or? shall be inserted.

In the said rules, in rule 101, in sub-rule (1), after the words ?financial year?, the words ?or part thereof? shall be inserted.

In the said rules, after rule 109A, the following rule shall be inserted, namely:-

?109B. Notice to person and order of revisional authority in case of revision. - (1) Where the Revisional Authority decides to pass an order in revision under section 108 which is likely to affect the person adversely, the Revisional Authority shall serve on him a notice in FORM GST RVN-01 and shall give him a reasonable opportunity of being heard.

(2) The Revisional Authority shall, along section 108, issue a summary of the order in the final amount of demand confirmed.?.

with its order under sub-section (1) of FORM GST APL-04 clearly indicating

&n/td>

Turnover for the period under composition scheme

(-)

Paid through ITC

Payable

cash

Centra

State

Integrat

Cess

l Tax

Tax /

Designation/status

Instructions: –

Terms used:

(a) GSTIN: Goods and Services Tax Identification Number

It is mandatory to file all your FORM GSTR-1, FORM GSTR-3B and FORM GSTR - 9 for the FY 2017-18 before filing this return. The details for the period between July 2017 to March 2018 are to be provided in this statement for the financial year 2017-18. The reconciliation statement is to be filed for every GSTIN separately.

The reference to current financial year in this statement is the financial year for which the reconciliation statement is being filed for.

Part II consists of reconciliation of the annual turnover declared in the audited Annual Financial Statement with the turnover as declared in the Annual Return furnished in FORM GSTR-9 for this GSTIN. The instructions to fill this part are as follows :-

Table No. Instructions

5A The turnover as per the audited Annual Financial Statement shall be declared here. There may be cases where multiple GSTINs (State-wise) registrations exist on the same PAN. This is common for persons / entities with presence over multiple States. Such persons / entities, will have to internally derive their GSTIN wise turnover and declare the same here. This shall include export turnover (if any). It may be noted that reference to audited Annual Financial Statement includes reference to books of accounts in case of persons / entities having presence over multiple States.

5B	Unbilled revenue which was recorded in the books of accounts on the basis of
	accrual system of accounting in the last financial year and was carried forward
	to the current financial year shall be declared here. In other words, when GST
	is payable during the financial year on such revenue (which was recognized
	earlier), the value of such revenue shall be declared here.
	(For example, if rupees Ten Crores of unbilled revenue existed for the
	financial year 2016-17, and during the current financial year, GST was paid on
	rupees Four Crores of such revenue, then value of rupees Four Crores rupees
	shall be declared here)

5C	Value of all advances for which GST has been paid but the same has not been
	recognized as revenue in the audited Annual Financial Statement shall be
	declared here.

a.	GSTIN:	Goods and Services Tax Identification Number
b.	UQC:	Unit Quantity Code
c.	HSN:	Harmonized System of Nomenclature Code

b.	EGM:	Export General Manifest
c.	GSTIN:	Goods and Services Tax Identification Number
d.	IGST:	Integrated goods and services tax

6B	Aggregate value of input tax credit availed on all inward supplies except those
	on which tax is payable on reverse charge basis but includes supply of services
	received from SEZs shall be declared here. It may be noted that the total ITC
	availed is to be classified as ITC on inputs, capital goods and input services.
	Table 4(A)(5) of FORM GSTR-3B may be used for filling up these details.
	This shall not include ITC which was availed, reversed and then reclaimed in
	the ITC ledger. This is to be declared separately under 6(H) below.

1	2	3	4	5	6	7	8	9	10	11	12
			Details of ITC availed but not covered in any of heads specified under 6B to
		6L above shall be declared here. Details of ITC availed through FORM ITC-
		01 and FORM ITC-02 in the financial year shall be declared here.

7A,	7B,	Details of input tax credit reversed due to ineligibility or reversals required
7C,	7D,	under rule 37, 39, 42 and 43 of the CGST Rules, 2017 shall be declared here.
7E,	7F,	This column should also contain details of any input tax credit reversed under
7G	and	section 17(5) of the CGST Act, 2017 and details of ineligible transition credit
7H		claimed under FORM GST TRAN-I or FORM GST TRAN-II and then
		subsequently reversed. Table 4(B) of FORM GSTR-3B may be used for
		filling up these details. Any ITC reversed through FORM ITC -03 shall be
		declared in 7H. If the amount stated in Table 4D of FORM GSTR-3B was not
		included in table 4A of FORM GSTR-3B, then no entry should be made in

	table 7E of FORM GSTR-9. However, if amount mentioned in table 4D of
	FORM GSTR-3B was included in table 4A of FORM GSTR-3B, then entry
	will come in 7E of FORM GSTR-9.

8A	The total credit available for inwards supplies (other than imports and inwards
	supplies liable to reverse charge but includes services received from SEZs)
	pertaining to FY 2017-18 and reflected in FORM GSTR-2A (table 3 & 5
	only) shall be auto-populated in this table. This would be the aggregate of all
	the input tax credit that has been declared by the corresponding suppliers in
	their FORM GSTR-1.

8B	The input tax credit as declared in Table 6B and 6H shall be auto-populated
	here.

8C <
&nb

6	Reasons for
17		Late fee will be payable if annual return is filed after the due date.?;

1	2	3	4	5	6	7	8	9	1	11	12	13	14	15
									0
							audited Annual Financial Statement and turnover as declared in the Annual
	Return (GSTR 9) shall be specified here.

7	The table provides for reconciliation of taxable turnover from the audited
	annual turnover after adjustments with the taxable turnover declared in annual
	return (GSTR-9).

7A	Annual turnover as derived in Table 5P above would be auto-populated here.
	8					Other ITC related information
				ITC as per GSTR-2A (Table 3 & 5 thereof)						<Auto				<Auto			<Auto
	A								>					>		<Auto>	>
				ITC as per sum total of 6(B) and 6(H) above						<Auto					<;
				Central Tax

Table No.		Instructions

15A,		Aggregate value of refunds claimed, sanctioned, rejected and pending for
15B,		processing shall be declared here. Refund claimed will be the aggregate value
15C	and	of all the refund claims filed in the financial year and will include refunds
15D		which have been sanctioned, rejected or are pending for processing. Refund
		sanctioned means the aggregate value of all refund sanction orders. Refund
		pending will be the aggregate amount in all refund application for which
		acknowledgement has been received and will exclude provisional refunds
		received. These will not include details of non-GST refund claims.

15E,	15F	Aggregate value of demands of taxes for which an order confirming the
and 15G		demand has been issued by the adjudicating authority shall be declared here.
		Aggregate value of taxes paid out of the total value of confirmed demand as
		declared in 15E above shall be declared here. Aggregate value of demands
		pending recovery out of 15E above shall be declared here.

16A		Aggregate value of supplies received from composition taxpayers shall be
		declared here. Table 5 of FORM GSTR-3B may be used for filling up these
		details.

16B		Aggregate value of all deemed supplies from the principal to the job-worker in
		terms of sub-section (3) and sub-section (4) of Section 143 of the CGST Act
		shall be declared here.

16C		Aggregate value of all deemed supplies for goods which were sent on
		approval basis but were not returned to the principal supplier within one

Pt.	Particulars of the transactions for the previous FY declared in returns of April to
IV	September of current FY or upto date of filing of annual return of previous FY

	M			Any other ITC availed but not specified above
	N

	J			Credit notes accounted for in the audited Annual						(+)
	J		bottom" width="19">							(+)
1			2				3		4			5	6		7	8	9	10	11	12

											Sub-total (K to M above)
	O			Total ITC availed (I + N above)									&n
					Tax
					Integrated									(Amount in Rs.)

Sr. No.		Invoice details			Goods/	Shipping bill/ Bill of export/
					Services (G/S)	Endorsed invoice no.

	No.	Date		Value		No.		Date

1	2	3		4	5	6		7

			(Amount in Rs.)

Turnover of zero rated	Net input tax	Adjusted total	Refund amount
supply of goods and	credit	turnover	(1×2÷3)
services

1	2	3	4

Sl.	Details of invoices of outward	Tax paid
No.	supplies in case refund is claimed

	by supplier/Details of invoices of
	inward supplies in case refund is
		claimed by recipient

	GSTIN		No.	Date	Taxable	Integrated	Central	State Tax /Union	Cess
	of the				Value	Tax	Tax	Territory Tax
	supplier

1	2		3	4	5	6	7	8	9

	e		ty					UT
								Tax

1		2	3	4		5	6	7	8	9


	18
	C		reverse charge (other than B		Input Services
			above) on which tax is paid &
			above) on which tax is paid &

				(Amount in Rs.)

Turnover of	Tax payable	Adjusted	Net input tax	Maximum refund
inverted rated	on such	total	credit	amount to be
supply of	inverted rated	turnover		claimed
goods and	supply of			[(1×4÷3)-2]
services	goods and
	services

1	2	3	4	5

4.	Order appealed against or intended to be revised -	Number-	Date-
5.	Appeal no.	Date-

Central Tax Notification No 74 of 2018 dt 31st December, 2018 under GST

Discussion Forum