CBIC publishes Central Goods and Services Tax (Removal of Difficulties) Order, 2019 and Union Territory Goods and Services Tax (Removal of Difficulties) Order, 2019

Feb 04, 2019 | by Avantis RegTech Legal Research Team


The Central Board of Indirect Taxes and Customs (CBIC) on February 01, 2019 has published Central Goods and Services Tax (Removal of Difficulties) Order, 2019 and Union Territory Goods and Services Tax (Removal of Difficulties) Order, 2019.

However, rendering of services as part of the savings and investment practice of business, by way of extending deposits, loans or advances, in so far as the consideration has been represented by way of interest or discount, is resulting in their ineligibility for the Composition scheme, causing hardships to a lot of small businesses and because of that, certain difficulties have arisen in giving effect to the provisions of section 10 which specifies provisions regarding Composition Levy.

Therefore, in supersession of the Central Goods and Services Tax (Removal of Difficulties) Order, 2017 and Union Territory Goods and Services Tax (Removal of Difficulties) Order, 2017, Order No. 01/2017-Central Tax, and Order No. 01/2017- Union Territory Tax dated October 13, 2017, except as respects things done or omitted to be done before such supersession, the CBIC, on recommendations of the Council, makes the Central Goods and Services Tax (Removal of Difficulties) Order, 2019.

For the removal of difficulties, it is clarified that the value of supply of exempt services by way of extending deposits, loans or advances in so far as the consideration has been represented by way of interest or discount, shall not be taken into account:

(i)                  for determining the eligibility for composition scheme under second proviso to sub-section (1) of section 10;

(ii)                In computing aggregate turnover in order to determine eligibility for composition Scheme.

[Order No. No. 01/2019-Central Tax]

[Order No. No. 01/2019- -Union Territory Tax]

 

URL: http://egazette.nic.in/WriteReadData/2019/196340.pdf


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