Bihar Goods and Services Tax (Fifth Amendment) Rules, 2018

Jun 21, 2018 | by Avantis RegTech Legal Research Team


The Government of Bihar, on June 13, 2018, has made the Bihar Goods and Services Tax (Fifth Amendment) Rules, 2018 to further amend the Bihar Goods and Services Tax Rules, 2017.

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

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

(i)          in Rule 37(1), after the proviso, the following proviso shall be inserted, namely:-

“Provided further that the value of supplies on account of any amount added in accordance with the provisions of clause (b) of sub-section (2) of Section 15 shall be deemed to have been paid for the purposes of the second proviso to sub-section (2) of Section 16.”;

(ii)        in Rule 83(3), in the second proviso, for the words “one year”, the words “eighteen months” shall be substituted;

(iii)      with effect from 01st July, 2017, in Rule 89(5), the following shall be substituted, namely:-

“(5) In the case of refund on account of inverted duty structure, refund of input tax credit shall be granted as per the following formula:- Maximum Refund Amount = {(Turnover of inverted rated supply of goods and services) x Net ITC ÷ Adjusted Total Turnover} - tax payable on such inverted rated supply of goods and services. Explanation:- For the purposes of this sub-rule, the expressions – (a) Net ITC shall mean input tax credit availed on inputs during the relevant period other than the input tax credit availed for which refund is claimed under sub-rules (4A) or (4B) or both; and (b) Adjusted Total turnover shall have the same meaning as assigned to it in sub-rule (4).”

(iv)       with effect from 01st July, 2017, in Rule 95(3), for clause (a), the following shall be substituted, namely:-

“(a) the inward supplies of goods or services or both were received from a registered person against a tax invoice;”;

(v)         in Rule 97(1), after the proviso, the following proviso shall be inserted, namely:-

“Provided further that an amount equivalent to fifty per cent. of the amount of cess determined under subsection (5) of section 54 read with section 11 of the Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017), shall be deposited in the Fund.”;

(vi)       in Rule 133(3), the following shall be substituted, namely:-

“(3) Where the Authority determines that a registered person has not passed on the benefit of the reduction in the rate of tax on the supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices, the Authority may order-

(a) Reduction in prices;

(b) Return to the recipient, an amount equivalent to the amount not passed on by way of commensurate reduction in prices along with interest at the rate of eighteen per cent. From the date of collection of the higher amount till the date of the return of such amount or recovery of the amount including interest not returned, as the case may be;

(c) The deposit of an amount equivalent to 50% of the amount determined under the above clause in the Fund constituted under section 57 and the remaining fifty per cent. of the amount in the Fund constituted under section 57 of the Goods and Services Tax Act, 2017 of the concerned State, where the eligible person does not claim return of the amount or is not identifiable;

(d) imposition of penalty as specified under the Act; and

(e) cancellation of registration under the Act. Explanation: For the purpose of this sub-rule, the expression, “concerned State” means the State in respect of which the Authority passes an order.”;

(vii)     in Rule 138(14), after clause (n), the following clause shall be inserted, namely:-

“(o) where empty cylinders for packing of liquefied petroleum gas are being moved for reasons other than supply.”;

(viii)   Amendments have been made in FORM GSTR-4, FORM GST PCT-01, FORM GST RFD-01 and FORM GST RFD-01A.

[S.O. 186]

URL: http://egazette.bih.nic.in/GazettePublished/562_2_2018.pdf#page=1


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