CBEC notifies the CGST (9th Amendment) Rules, 2017. New CGST Rule 46A on ‘Invoice/ Bill of Supply’ has been inserted. Rules 3(3A), 46, 54 and 62 have been amended along with certain Forms, i.e. GST CMP-02, GSTR-1/ GSTR-1A (Table 6/ Table 4 on Zero rated supply to SEZ and Deemed Exports substituted) and GSTR-4 (Table 4A not to be furnished till Dec. 2017). These amendments can be summarised as under:
1. Revised CGST Rule 3(3A): Persons registered under Rule 24 or 10(1) may opt to pay composition tax under Section 10, from 1st day of the month immediately succeeding the month in which an intimation in FORM GST CMP 02 is filed on the common portal on or before 31/03/2018. Subsequently such person shall furnish a statement in FORM GST ITC 03 within 90 days and after filing thereof, the declaration in Form GST TRAN 1 cant be filed.
2. New CGST Rule 46A:- Invoice cum Bill of Supply can be issued by a registered person in respect of supplies to unregistered person of taxable as well as exempted goods and/ or services.
3. Revised CGST Rule 54(2):- In the case of Insurance/ Banking/ Financial company or institution, including NBFCs, a monthly ‘consolidated tax invoice’ shall be raised in lieu of ‘tax invoice’ for the supply of services made.
4. New Proviso to CGST Rule 62(1):- Those who opt to pay composition tax from 2nd or 3rd month of a quarter, shall furnish GSTR 4 for the relevant period for which composition has been opted. Also they will furnish the returns as applicable for the 1st/ 2nd month of the quarter, i.e. prior to opting for composition tax.
CBEC Central Tax Notification 45/2017 dt. 13/10/2017: CGST (9th Amendment) Rules 2017
G.S.R. 1251(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 (Ninth Amendment) Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Goods and Services Tax Rules, 2017,-
(i) in rule 3, for sub-rule (3A), the following sub-rule shall be substituted, namely:-
(3A) Notwithstanding anything contained in sub-rules (1), (2) and (3), a person who has been granted registration on a provisional basis under rule 24 or who has been granted certificate of registration under sub-rule (1) of rule 10 may opt to pay tax under section 10 with effect from the first day of the month immediately succeeding the month in which he files an intimation in FORM GST CMP 02, on the common portal either directly or through a Facilitation Centre notified by the Commissioner, on or before 31/03/2018, and shall furnish the statement in FORM GST ITC 03 in accordance with the provisions of sub-rule (4) of rule 44 within a period of ninety days from the day on which such person commences to pay tax under section 10:
Provided that the said persons shall not be allowed to furnish the declaration in FORM GST TRAN 1 after the statement in FORM GST ITC 03 has been furnished.
(ii) after rule 46, the following rule shall be inserted, namely:-
46A. Invoice cum bill of supply.- Notwithstanding anything contained in rule 46 or rule 49 or rule 54, where a registered person is supplying taxable as well as exempted goods or services or both to an unregistered person, a single “invoice-cum-bill of supply” may be issued for all such supplies.
(iii) in rule 54, in sub-rule (2),-
(a) for the words “tax invoice” the words “consolidated tax invoice” shall be substituted;
(b) after the words “by whatever name called”, the words “for the supply of services made during a month at the end of the month” shall be inserted;
(iv) in rule 62, in sub-rule (1), the following proviso shall be inserted, namely:-
Provided that the registered person who opts to pay tax under section 10 with effect from the first day of a month which is not the first month of a quarter shall furnish the return in FORM GSTR 4 for that period of the quarter for which he has paid tax under section 10 and shall furnish the returns as applicable to him for the period of the quarter prior to opting to pay tax under section 10.
(v) in FORM GST CMP 02, for the words, figures and brackets “See rule 3(2)”, the words, figures, brackets and letter “See rule 3(3) and 3(3A)” shall be substituted;
(vi) in FORM GSTR 1, for Table 6, the following shall be substituted, namely:-
6. Zero rated supplies and Deemed Exports
(Please refer Notification for revised format of Table 6 of Form GSTR 1)
(vii) in FORM GSTR 1A, for Table 4, the following shall be substituted, namely:-
4. Zero rated supplies made to SEZ and deemed exports
(Please refer Notification for revised format of Table 4 of Form GSTR 1A)
(viii) in FORM GSTR 4, after instruction no. 9, the following shall be inserted, namely:-
10. For the tax periods July, 2017 to September, 2017 and October, 2017 to December, 2017, serial 4A of Table 4 shall not be furnished.
Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide notification No. 3/2017 Central Tax, dated 19/06/2017, published vide number G.S.R 610(E), dated 19/06/2017 and last amended vide notification No. 36/2017 Central Tax, dated 29/09/2017, published vide number G.S.R 1214(E), dated 29/09/2017.
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