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

Posted on 11 June 2022 Category : Notifications

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

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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

(-)

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.

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

bsp;

In the said rules, in rule 138, in sub-rule (1), for Explanation 1, the following Explanation shall be substituted, namely-.

?Explanation 1. – For the purposes of this rule, the expression ?handicraft goods? has the meaning as assigned to it in the Government of India, Ministry of Finance, notification No. 56/2018-Central Tax, dated the 23^rd October, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1056 (E), dated the 23^rd October, 2018 as amended from time to time.?

In the said rules, after rule 138D, from a date to be notified later, the following rule shall be inserted, namely:-

“138E. Restriction on furnishing of information in PART A of FORM GST EWB-01.- Notwithstanding anything contained in sub-rule (1) of rule 138, no person (including a consignor, consignee, transporter, an e-commerce operator or a courier agency) shall be allowed to furnish the information in PART A of FORM GST EWB-01 in respect of a registered person, whether as a supplier or a recipient, who,—

(a) being a person paying tax under section 10, has not furnished the returns for two consecutive tax periods; or

(b) being a person other than a person specified in clause (a), has not furnished the returns for a consecutive period of two months:

Provided that the Commissioner may, on sufficient cause being shown and for reasons to be recorded in writing, by order, allow furnishing of the said information in PART A of FORM GST EWB 01, subject to such conditions and restrictions as may be specified by him:

Provided further that no order rejecting the request of such person to furnish the information in PART A of FORM GST EWB 01 under the first proviso shall be passed without affording the said person a reasonable opportunity of being heard:

Provided also that the permission granted or rejected by the Commissioner of State tax or Commissioner of Union territory tax shall be deemed to be granted or, as the case may be, rejected by the Commissioner.

Explanation:– For the purposes of this rule, the expression ?Commissioner? shall mean the jurisdictional Commissioner in respect of the persons specified in clauses (a) and (b).?.

In the said rules in rule 142, in sub-rule (5), after the words ?section 74?, the words ?or sub-section (12) of section 75? shall be inserted.

In the said rules, for FORM GST RFD-01, the following form shall be substituted, namely:-

?FORM-GST-RFD-01

[See rule 89(1)]

Application for Refund

(Applicable for casual or non-resident taxable person, tax deductor, tax collector, un-registered person and other registered taxable person)

GSTIN / Temporary

Legal Name

Trade Name, if any

Address


5.	Tax period	From <Year><Month>	To	<Year><Month>
	(if
	applicable)				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.

Aggregate value of deemed supplies under Schedule I of the CGST Act, 2017

shall be declared here. Any deemed supply which is already part of the

turnover in the audited Annual Financial Statement is not required to be

included here.

Aggregate value of credit notes which were issued after 31^st of March for any

supply accounted in the current financial year but such credit notes were

reflected in the annual return (GSTR-9) shall be declared here.

ed Tax

Tax

Amount of

Act

Tax

Interest

Penalty

Fees

Others

Total

Refund

Claimed

Central

(Rs.)

tax

State / UT

tax

Integrated

tax

Adjustments in turnover under section 15 and rules

(+/-

thereunder

Cess

l Tax

Tax /

ed Tax

Tax

Value

Port

No.

Date

Ref

Date

No.

Date

code

No.

1	2	3	4	5	6	7	8	9	10	11	12

Statement- 3A [rule 89(4)]

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

(6+7+10 -

Purchases

Freight / Carriage

Power and Fuel

Imported goods

Cess

Total

Grounds of

(a)

Excess balance in Electronic Cash Ledger

refund

(b)

Exports of services- with payment of tax

claim

(c)

Exports of goods / services- without payment of tax

(select from

(accumulated ITC)

drop down)

(d)

On account of order

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ttom" width="8">

(Including received

from SEZs)

Rent and Insurance

Goods lost, stolen,

destroyed, written off

or disposed of by way

Late fee payable and paid

Description

Payable

Paid

Central Tax

State Tax

Verification:

I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed there from and in case of any reduction in output tax liability the benefit thereof has been/will be passed on to the recipient of supply.

Place

Signature

Name of Authorised

Signatory

Date

Designation / Status

Instructions: –

Terms used:

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

It is mandatory to file all your FORM GSTR-1 and FORM GSTR-3B 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 return.

It may be noted that additional liability for the FY 2017-18 not declared in FORM GSTR-1 and FORM GSTR-3B may be declared in this return. However, taxpayers cannot claim input tax credit unclaimed during FY 2017-18 through this return.

Part II consists of the details of all outward supplies & advances received during the financial year for which the annual return is filed. It may be noted that all the supplies for which payment has been made through FORM GSTR-3B between July 2017 to March

2018 shall be declared in this part. The instructions to fill Part II are as follows:

Table No.

Instructions

Aggregate value of supplies made to consumers and unregistered persons on

which tax has been paid shall be declared here. These will include details of

supplies made through E-Commerce operators and are to be declared as net of

credit notes or debit notes issued in this regard. Table 5, Table 7 along with

be paid as

per tables

width="25">

return

tax

UT tax

Tax

B2C)

supp

territ

lier *

ory

Tax

nbsp;

Tax

* In case of imports or supplies received under reverse charge mechanism [sub-section (3) of section 9 of the CGST Act/ SGST Act or sub-section (3) of section 5 of IGST Act], the GSTIN of supplier will mean GSTIN of applicant (recipient).

Statement- 2 [rule 89(2)(c)]

Refund Type: Exports of services with payment of tax

(Amount in Rs.)

of gift or free samples

Royalties

Employees' Cost

(Salaries, wages,

Bonus etc.)

&nbdth="25">

tax

UT tax

Trade discounts which are accounted for in the audited Annual Financial

Statement but on which GST was leviable (being not permissible) shall be

declared here.

Turnover included in the audited Annual Financial Statement for April 2017 to

June 2017 shall be declared here.

Unbilled revenue which was recorded in the books of accounts on the basis of

accrual system of accounting during the current financial year but GST was

not payable on such revenue in the same financial year shall be declared here.

Value of all advances for which GST has not been paid but the same has been

recognized as revenue in the audited Annual Financial Statement shall be

declared here.

Aggregate value of credit notes which have been accounted for in the audited

Annual Financial Statement but were not admissible under Section 34 of the

CGST Act shall be declared here.

Aggregate value of all goods supplied by SEZs to DTA units for which the

DTA units have filed bill of entry shall be declared here.

There may be cases where registered persons might have opted out of the

composition scheme during the current financial year. Their turnover as per

the audited Annual Financial Statement would include turnover both as

composition taxpayer as well as normal taxpayer. Therefore, the turnover for

which GST was paid under the composition scheme shall be declared here.

There may be cases where the taxable value and the invoice value differ due to

valuation principles under section 15 of the CGST Act, 2017 and rules

thereunder. Therefore, any difference between the turnover reported in the

Annual Return (GSTR 9) and turnover reported in the audited Annual

Financial Statement due to difference in valuation of supplies shall be declared

heret">1

16. In the said rules, for FORM GSTR 9, the following form shall be substituted, namely:-

?FORM GSTR - 9

above

<Auto>

Total

amount paid

as declared

Annexure-2

Certificate [rule 89(2)(m)]

This is to certify that in respect of the refund amounting to Rs.<<>> --------------

(in words)

claimed by M/s-----------------

(Applicant‘s Name) GSTIN/ Temporary ID-------

for the tax

period < ----

>, the incidence of tax and interest, has not been passed on to any other person.

This certificate is based on the examination of the books of account and other relevant records and returns particulars maintained/ furnished by the applicant. Signature of the Chartered Accountant/ Cost Accountant:

Name:

Membership Number:

Place:

Date:

Note - This Certificate is not required to be furnished by the applicant, claiming refund under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54 of the Act.

Instructions –

Terms used:

a. B to C:From registered person to unregistered person

EGM:

Export General Manifest

GSTIN:

Goods and Services Tax Identification Number

IGST:

Integrated goods and services tax

ITC:

Input tax credit

in Annual

&nb0">

respective amendments in Table 9 and Table 10 of FORM GSTR-1 may be

used for filling up these details.

Aggregate value of supplies made to registered persons (including supplies

made to UINs) on which tax has been paid shall be declared here. These will

include supplies made through E-Commerce operators but shall not include

supplies on which tax is to be paid by the recipient on reverse charge basis.

Details of debit and credit notes are to be mentioned separately. Table 4A and

Table 4C of FORM GSTR-1 may be used for filling up these details.

Aggregate value of exports (except supplies to SEZs) on which tax has been

paid shall be declared here. Table 6A of FORM GSTR-1 may be used for

filling up these details.

Aggregate value of supplies to SEZs on which tax has been paid shall be

declared here. Table 6B of GSTR-1 may be used for filling up these details.

Aggregate value of supplies in the nature of deemed exports on which tax has

been paid shall be declared here. Table 6C of FORM GSTR-1 may be used

for filling up these details.

Details of all unadjusted advances i.e. advance has been received and tax has

been paid but invoice has not been issued in the current year shall be declared

here. Table 11A of FORM GSTR-1 may be used for filling up these details.

Aggregate value of all inward supplies (including advances and net of credit

and debit notes) on which tax is to be paid by the recipient (i.e.by the person

filing the annual return) on reverse charge basis. This shall include supplies

received from registered persons, unregistered persons on which tax is levied

on reverse charge basis. This shall also include aggregate value of all import

of services. Table 3.1(d) of FORM GSTR-3B may be used for filling up these

details.

Aggregate value of credit notes issued in respect of B to B supplies (4B),

exports (4C), supplies to SEZs (4D) and deemed exports (4E) shall be

declared here. Table 9B of FORM GSTR-1 may be used for filling up these

details.

Aggregate value of debit notes issued in respect of B to B supplies (4B),

exports (4C), supplies to SEZs (4D) and deemed exports (4E) shall be

declared here. Table 9B of FORM GSTR-1 may be used for filling up these

details.

4K & 4L

Details of amendments made to B to B supplies (4B), exports (4C), supplies to

SEZs (4D) and deemed exports (4E), credit notes (4I), debit notes (4J) and

refund vouchers shall be declared here. Table 9A and Table 9C of FORM

[See rule 80]

Annual Return

Pt. I

&nbssp;

Conveyance charges

Details of ITC availed during the financial year

Total amount of input tax credit availed through

&nbs>

)

Adjustments in turnover due to foreign exchange

(+/-

fluctuations

&nbn="bottom" width="5">

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

			(Amount in Rs.)

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

				(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

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

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