CBIC vide Notification No. 26/2022 dated 26 December 2022, has notified various provisions under the CGST Rules, which had been proposed in the 48th GST Council Meeting:
Sr. No |
CGST Rule No. |
Summary |
1 |
Rule 37A |
Reversal of ITC in case of non-payment of tax by the supplier and re-availment thereof Where ITC has been availed in FORM GSTR-3B in respect of invoices, which has been reported by the vendor in GSTR-1 but not in GSTR-3B till the 30th September, the said ITC shall be reversed while furnishing FORM GSTR-3B on or before the 30th November following the end of such financial year; Where the ITC is not reversed in FORM GSTR-3B on or before the 30th day of November following the end of such financial year, such amount shall be payable by the said person along with interest thereon u/s. 50 of the CGST Act; Further, where the supplier subsequently reports the invoice in FORM GSTR-3B for the said tax period, the said registered person may re-avail such credit in FORM GSTR-3B for a tax period thereafter. |
2 |
Rule 88 |
Manner of dealing with difference in liability reported in statement of outward supplies and that reported in return The registered person shall now receive intimation, in respect of mismatch between GSTR 1 vs. GSTR 3B, in FORM GST DRC-01B Part A to either (a) pay the differential liability fully or partially, along with interest u/s. 50 of the CGST Act, through FORM GST DRC-03 and furnish the details thereof in Part B of FORM GST DRC-01B; or (b) furnish a reply on common portal, incorporating reasons in respect of that part of the differential tax liability that has remained unpaid, if any, in Part B of FORM GST DRC-01B. |
3 |
Rule 89 |
Procedure for filing application of refund by the unregistered buyers Refund application shall be accompanied by a statement containing the details of invoices, along with copy of such invoices, proof of making such payment to the supplier, the copy of agreement, the letter issued by the supplier for cancellation or termination of agreement for supply of service, details of payment received from the supplier against cancellation of such agreement along with proof thereof, in a case where the refund is claimed by an unregistered person where the agreement for supply of service has been cancelled or terminated. Refund application shall be accompanied by a certificate issued by the supplier to the effect that he has paid tax in respect of the invoices on which refund is being claimed by the applicant; and other such prescribed declarations. A proviso has been inserted in Rule 89(2)(m) to provide that certificate is not required to be furnished in cases where refund is claimed by an unregistered person who has borne the incidence of tax. |
4 |
Rule 109 |
Application to the Appellate Authority An application to the Appellate Authority shall be filed in FORM GST APL-03, and a provisional acknowledgment shall be issued to the Appellant immediately. Where the decision or order appealed against is uploaded on the common portal, a final acknowledgment, indicating appeal number, shall be issued in FORM GST APL-02 by the Appellate Authority and the date of Appeal will be the date of the provisional acknowledgment. Where the decision or order appealed against is not uploaded on the common portal, the Appellant shall submit a self-certified copy of the said decision or order within a period of seven days from the date of filing of FORM GST APL-03 on the portal and thereafter a final acknowledgment, indicating appeal number, shall be issued in FORM GST APL-02 by the Appellate Authority. |
Disclaimer:
The information provided in this update is intended for informational purposes only and does not constitute legal opinion or advice. Readers are requested to seek formal legal advice prior to acting upon any of the information provided herein. This update is not intended to address the circumstances of any particular individual or corporate body. There can be no assurance that the judicial/ quasi judicial authorities may not take a position contrary to the views mentioned hereinrra quis.
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