GST Updates July 2018

Central Government vide Notification No. 25/2018 Central Tax, dated 31.05.2018 extends the time limit for furnishing the return by an Input Service Distributor in FORM GSTR-6, for the months of July, 2017 to June, 2018, till the 31st day of July, 2018.

Central Government vide Notification No. 26/2018 Central Tax, dated 13.06.2018 amends Central Goods and Service Tax Rules, 2017 as under:

1. Insert second proviso to Rule 37(1) to the effect that the value of supplies on account of any amount that the supplier is liable to pay in relation to such supply but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the goods or services or both, shall be deemed to have been paid for the purposes of the second proviso to sub-section (2) of section 16.”.
2. Insert second proviso to Rule 83(3) to extend time limit from one year to eighteen months to pass exam by a sales tax practitioner or tax return preparer under the existing law for a period of not less than five years.
3. By way of substitution of Rule 89(5) with retrospective effect from 1^st July 2017, now refund for inverted duty structure in case of supply of service is also available.
4. Insert second proviso to Rule 97 to the effect that an amount equivalent to fifty per cent. of the amount of cess determined under sub-section (5) of section 54 read with section 11 of the Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017), shall be deposited in the Fund.
5. Substituted Rule 133 provides further that the deposit of an amount equivalent to fifty per cent. of the amount determined by anti-profiteering authority  in the Fund constituted under section 57 and the remaining fifty per cent. of the amount in the Fund constituted under section 57 of the Goods and Services Tax Act, 2017 of the concerned State, where the eligible person does not claim return of the amount or is not identifiable.
6. No e-way bill is required to be generated in case of where empty cylinders for packing of liquefied petroleum gas are being moved for reasons other than supply.

Central Government vide Notification No. 27/2018 Central Tax, dated 13.06.2018 Seeks to specify goods which may be disposed off by the proper officer after its seizure, having regard to the perishable or hazardous nature, depreciation in value with the passage of time, constraints of storage space or any other relevant considerations of the said goods.

Central Government vide Notification No. 28/2018 Central Tax, dated 19.06.2018 amends Central Goods and Service Tax Rules, 2017 as under:

1. By inserting Rule 58(1A) it is prescribed in respect of E-way bill rules, a transporter who is registered in more than one State or Union Territory having the same Permanent Account Number, he may apply for a unique common enrolment number by submitting the details in FORM GST ENR-02 using any one of his Goods and Services Tax Identification Numbers, and upon validation of the details furnished, a unique common enrolment number shall be generated and communicated to the said transporter: Provided that where the said transporter has obtained a unique common enrolment number, he shall not be eligible to use any of the Goods and Services Tax Identification Numbers for the purposes of the E-way rules.
2. Rule 138C provides for a summary report of every inspection of goods in transit shall be recorded online by the proper officer in Part A of FORM GST EWB-03 within twenty four hours of inspection and the final report in Part B of FORM GST EWB-03 shall be recorded within three days of such inspection.

A proviso has been inserted to provide that where the circumstances so warrant, the Commissioner, or any other officer authorized by him, may, on sufficient cause being shown, extend the time for recording of the final report in Part B of FORM EWB-03, for a further period not exceeding three days.

An explanation is inserted that the period of twenty four hours or, as the case may be, three days shall be counted from the midnight of the date on which the vehicle was intercepted.