Notifications pursuant to 47th GST Council Meeting

Notf. No

Date

Subject

10/2022- Central Tax

05-07-2022

Exemption from filing of Annual Return (Form GSTR 9) to registered person whose aggregate turnover in the financial year 2021-22 is up to two crore rupees

11/2022- Central Tax

05-07-2022

Extension of due date for filing Statement in Form CMP -08 (Composition Tax Payers) for June 2022 quarter to 31st July 2022

12/2022- Central Tax

05-07-2022

Extension of due date for filing Form GSTR - 4 (Composition Tax Payers) for FY 2021-22 to 28th July 2022 (Earlier due date was 30th June 2022)

13/2022- Central Tax

05-07-2022

1. Time period from 01.03.2020 to 28.02.2022 to be excluded from calculation of the limitation period for filing refund claim by an applicant under section 54 and 55 of CGST Act

2. Exclusion of Time period from 01.03.2020 to 28.02.2022 for issuance of order for recovery of erroneous refund

3. Extension of Time limit for issuance of Order for recovery of tax not paid or short paid or of input tax credit wrongly availed or utilized, in respect of a tax period for the financial year 2017-18, up to the 30th day of September, 2023

Rule

Amended provisions

Rule 21A

Automatic revocation of suspension of registration in cases where suspension of registration was done by the system, for continuous non-filing of specified number of returns, once all the pending returns are filed on the portal by the taxpayer

Rule 43 - Expln 1

No requirement of reversal of input tax credit for exempted supply of Duty Credit Scrips by the exporters

Rule 46r

Declaration by Taxpayers whose turnover is more than the threshold limit for E-Invoice but are not required to issue E-Invoice i.e. by

a. Insurance, Banking or Financial Institution including NBFC;

b. Goods Transport Agency transporting goods by road;

c. Supplier of passenger transport Service;

d. Person supplying services by of admission to exhibition of cinematographic film in multiplex screen;

e. SEZ Unit

Declaration -

“I/We hereby declare that though our aggregate turnover in any preceding financial year from 2017-18 onwards is more than the aggregate turnover notified under sub-rule (4) of rule 48, we are not required to prepare an invoice in terms of the provisions of the said sub-rule.”:’;

Rule

Amended provisions

Rule 86 (4B)

Re-credit of amount in electronic credit ledger to be provided in those cases where erroneous refund amount sanctioned to a taxpayer on account of accumulated ITC or on account of IGST paid on zero rated supply of goods or services, in contravention of rule 96(10) of the CGST Rules, is deposited by him along with interest and penalty, wherever applicable. A new FORM GST PMT- 03A is introduced for the same

The officer shall re-credit the to the electronic credit ledger, amount of erroneous refund deposited by the registered person by an order made in FORM GST PMT-03A

Rule 88B

Wef 01-07-2017

88B. Manner of calculating interest on delayed payment of tax

A. Where delayed return is filed (but before proceedings u/s 73/74) - Interest shall be computed on payment of liability through cash at a rate notified u/s 50(1)

B. In other cases - the interest shall be calculated on unpaid tax , from the date tax was due till the same is paid at a rate notified u/s 50(1)

C. Interest on wrong availment and Utilization of ITC - The interest shall be calculated on the amount of ITC wrongly availed and utilised, for the period starting from the date of wrong utilisation till the date of reversal of such credit or payment of tax in respect of such amount, at a rate notified u/s 50 (3)

Explanation -

1. ITC wrongly availed shall be construed to have been utilised, when the balance in the electronic credit ledger falls below the amount of ITC wrongly availed. Extent of such utilisation of ITC shall be the amount by which the balance in the ECL falls below the amount of ITC wrongly availed.

2. Date of utilization of ITC is taken as below -

a. Earlier of due date or actual date of furnishing of return u/s 39, if the balance in the ECL falls below the amount of input tax credit wrongly availed, on account of payment of tax through the said return;

b. the date of debit in the ECL when the balance in the ECL falls below the amount of ITC wrongly availed, in all other cases

Rule 89

“Specified officer” under the said sub-rule shall mean the “specified officer” or “authorized officer”, as defined under SEZ Rules, 2006

Rule 96 (1) (b)

Wef 01-07-2017

In case of Refund of IGST paid on export of Goods or Services, refund is deemed to have been filed only when -

(b) the applicant has furnished a valid return in FORM GSTR-3B:

In case of any mismatch between the data furnished by the exporter of goods in Shipping Bill and those furnished in FORM GSTR-1, such application for refund of integrated tax paid on the goods exported out of India shall be deemed to have been filed on such date when such mismatch in respect of the said shipping bill is rectified by the exporter

Rule

Amended provisions

Rule 96 (4) (c)

Refund may be withheld/suspended in cases where the exporter is identified as risky exporter based on data analysis and risky parameters, requiring verification by GST officers