Central Tax (Rate) Notification No 22 of 2019 dt 30th September, 2019 under GST

 

  

Seeks to amend notification No. 13/2017- Central Tax (Rate) so as to notify services under reverse charge mechanism (RCM) as recommended by GST Council in its 37th meeting held on 20.09.2019. 

The extract of GST Notification No. 22/2019- Central Tax (Rate) is given below: 

Notification No. 22/2019- Central Tax (Rate), GST

 

 [TO BE PUBLISHED IN THE GAZZETE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] 

Government of India 

Ministry of Finance 

(Department of Revenue) 

Notification No. 22/2019- Central Tax (Rate) 

New Delhi, the 30^th September, 2019

 

GSR......(E).- In exercise of the powers conferred by sub-section (3) of section 9  of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.13/2017- Central Tax (Rate), dated the 28^th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 692(E), dated the 28^th June, 2017, namely:-

 

In the said notification, in the Table, -

 

(i)              for serial number 9 and the entries relating thereto, the following shall be substituted, namely: -

 

(1)		(2)		(3)		(4)
“9	Supply of services by a music		Music	composer,	Music	company,
	composer,	photographer,	photographer, artist, or		producer	or  the  like,
	artist  or  the  like  by way of		the like		located in the taxable
	transfer or permitting the use				territory. ”;
	or enjoyment of a copyright
	covered  under  clause  (a)  of
	sub-section (1) of section 13
	of  the  Copyright  Act,  1957
	relating to	original dramatic,
	musical or artistic works to a
	music company, producer or
	the like.

 

(ii)               after serial number 9 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -

 

 

1	2	3	4
9A	Supply  of  services  by           an author by way of transfer or permitting        the       use       or enjoyment       of         a          copyright covered  under            clause  (a)        of sub-section (1) of section 13 of  the  Copyright  Act,  1957 relating            to         original literary works to a publisher	Author	Publisher  located  in the taxable territory: Provided that nothing     contained in this entry   shall apply where, -   (i)         the   author   has   taken registration under the Central Goods and Services Tax Act, 2017 (12 of 2017), and filed a declaration, in the form at Annexure I, within the time limit   prescribed therein, with the jurisdictional CGST or SGST commissioner, as the case may be, that he exercises the option to pay central tax on the service specified in column (2), under forward charge in   accordance with Section 9 (1) of the Central Goods and Service Tax Act, 2017 under forward   charge, and      to comply            with     all the provisions of Central Goods and      Service Tax Act, 2017 (12 of 2017) as they apply to a          person  liable for   paying the       tax       in   relation to the supply   of         any      goods  or   services  or  both  and   that      he        shall not withdraw         the said option within a period of         1          year fromthe date   of exercising  such option; (ii) the author makes a          declaration,     as   prescribed        in Annexure        II         on            the invoice issued by him in Form GST Inv-I to   the publisher. ”;

 

(iii)             after serial number 14 and the entries relating thereto, the following serial numbers and entries shall be inserted, namely: -

 

(1)

(2)

(3)

(4)

“15

Services provided by way of

Any person other than

Any

body  corporate

renting  of  a  motor  vehicle

a

body

corporate,

located in the taxable

provided to a body corporate.

paying

central

tax

at

territory.

the  rate  of  2.5%  on

renting

of

motor

vehicles with input tax

credit

only

of

input

service in the same line

of business

16

Services    of    lending    of

Lender

i.e.

a

person

Borrower i.e. a person

securities

under

Securities

who

deposits

the

who

borrows

the

Lending

Scheme,

1997

securities

registered

in

securities

under

the

(“Scheme”) of Securities and

his name or in the name

Scheme

through

an

Exchange

Board

of

India

of  any

other

person

approved

(“SEBI”), as amended.

duly

authorised

on

his

intermediary

of

behalf

with

an

SEBI.”.

approved

intermediary

for

the

purpose

of

lending

under

the

Scheme of SEBI

 

2. This notification shall come into force on the 1^st day of October, 2019.

Annexure I

 

FORM

 

(9A of Table)

 

(Declaration to be filed by an author for exercising the option to pay tax on the “supply of services by an author by way of transfer or permitting the use or enjoyment of a copyright covered under clause (a) of sub-section (1) of section 13 of the Copyright Act, 1957 relating to original literary works to a publisher” under forward charge on or before 31.10.2019 for the option to be effective from 1.11.2019 or before the commencement of any Financial Year for the option to be effective from the commencement of that Financial Year.)

 

 

Reference No. ___________________		Date ____________
To
	____________________
	____________________
	____________________
	(To be addressed to the jurisdictional Commissioner)
1.	Name of the author:
2.	Address of the author:
3.	GSTIN of the author:

 

Declaration

 

1. I have taken registration under the Central Goods and Services Tax Act, 2017 (12 of 2017), and I hereby exercise the option to pay central tax on the service specified against

 

serial No. 9A in column (2) of the Table in the notification No. 13/2017 - Central Tax (Rate), dated the 28^th June, 2017, supplied by me, under forward charge in accordance with section 9 (1) of CGST Act, and to comply with all the provisions of CGST Act, 2017 (12 of 2017) as they apply to a person liable for paying the tax in relation to the supply of any goods or services or both;

 

1. I understand that this option, once exercised, shall not be allowed to be changed within a period of 1 year from the date of exercising the option and shall be valid, at least, till the end of Financial Year following the year in which it is made.

 

 

 

Signature ___________________

 

Name _______________________

 

GSTIN _________________

 

Place __________________

 

Date __________________