Gujarat Goods and Services Tax (Eighth Amendment) Rules, 2018

Sep 10, 2018 | by Avantis RegTech Legal Research Team


The State Government of Gujarat, on September 04, 2018, has made the Gujarat Goods and Services Tax (Eighth Amendment) Rules, 2018 to further amend the Gujarat Goods and Services Tax Rules, 2017.

Some of the important amendments are as follows:

1.       in Rule 22 which gives provisions for cancellation of registration, in sub-rule (4), the following proviso shall be inserted, namely:-

“Provided that where the person instead of replying to the notice served under sub-rule (1) for contravention of the provisions contained in clause (b) or clause (c) of sub-section (2) of section 29, furnishes all the pending returns and makes full payment of the tax dues along with applicable interest and late fee, the proper officer shall drop the proceedings and pass an order in FORM GST-REG 20.”.

2.       in Rule 55(5), which deals with the goods transported in a semi knocked down or completely knocked down condition, after the words “completely knocked down condition”, the words “or in batches or lots” shall be inserted.

3.       in rule 89(4), which gives the formula for granting of the refund of input tax credit, for clause (E), the following clause shall be substituted, namely:-

‘(E) “Adjusted Total Turnover” means the sum total of the value of- (a) the turnover in a State or a Union territory, as defined under clause (112) of section 2, excluding the turnover of services; and 2 (b) the turnover of zero-rated supply of services determined in terms of clause (D) above and non-zero-rated supply of services, excluding- (i) the value of exempt supplies other than zero-rated supplies; and (ii) the turnover of supplies in respect of which refund is claimed under sub-rule (4A) or sub-rule (4B) or both, if any, during the relevant period.’.

4.       Rule 138A(1) states that the person in charge of a conveyance shall carry the invoice or bill of supply or delivery challan and a copy of the e-way bill in physical form or the e-way bill number in electronic form or mapped to a Radio Frequency Identification Device embedded on to the conveyance, in case of movement of goods by rail or by air or vessel. After the proviso to Rule 138A(1) the following proviso shall be inserted, namely:-

“Provided further that in case of imported goods, the person in charge of a conveyance shall also carry a copy of the bill of entry filed by the importer of such goods and shall indicate the number and date of the bill of entry in Part A of FORM GST EWB-01.”.

5.       The following Forms have been substituted:

·         FORM GST REG-20: Order for dropping the proceedings for cancellation of registration

·         FORM GST ITC-04: Details of goods/capital goods sent to job worker and received back

6.       The following forms have been inserted:

·         FORM GSTR-9: Annual Return

·         FORM GSTR-9A: Annual Return (For Composition Taxpayer)

[Notification No. 39/2018-State Tax] [No.(GHN-80)/GSTR-2018(27)TH]

URL: https://commercialtax.gujarat.gov.in/vatwebsite/download/cir_noti/NOTI/EIGHTH%20AMENDMENT%20TO%20GGST%20RULES.pdf

 

 


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