Showing posts with label Model GST Law. Show all posts
Showing posts with label Model GST Law. Show all posts

Sunday 8 January 2017

Section-35. First Return

                    Section-35.                                                 First Return


Every registered taxable person who has made outward supplies in the period between
the date on which he became liable to registration till the date on which registration has
been granted shall declare the same in the first return filed by him after grant of
registration.

Section-34. Returns

                  Section-34.                                                  Returns


(1) Every registered taxable person, other than an input service distributor or a nonresident taxable person or a person paying tax under the provisions of section 9,
section 46 or section 56 shall, for every calendar month or part thereof, furnish,
in such form and in such manner as may be prescribed, a return, electronically,
of inward and outward supplies of goods and/or services, input tax credit availed,
tax payable, tax paid and other particulars as may be prescribed on or before the
twentieth day of the month succeeding such calendar month or part thereof.

(2) A registered taxable person paying tax under the provisions of section 9 shall, for
each quarter or part thereof, furnish, in such form and in such manner as may be
prescribed, a return, electronically, of inward supplies of goods or services, tax
payable and tax paid within eighteen days after the end of such quarter.

(3) Every registered taxable person required to deduct tax at source under the
provisions of section 46 shall furnish, in such form and in such manner as may be
prescribed, a return, electronically, for the month in which such deductions have
been made along with the payment of tax so deducted within ten days after the
end of such month.

(4) Every taxable person registered as an Input Service Distributor shall, for every
calendar month or part thereof, furnish, in such form and in such manner as may
be prescribed, a return, electronically, within thirteen days after the end of such
month.

(5) Every registered non-resident taxable person shall, for every calendar month or
part thereof, furnish, in such form and in such manner as may be prescribed, a
return, electronically, within twenty days after the end of a calendar month or
within seven days after the last day of the validity period of registration,
whichever is earlier.

(6) The Commissioner of [CGST/SGST] may, for valid and sufficient reasons, by
notification, for such class of taxable persons as may be specified therein, extend
the time limit for furnishing the returns under sub-section (1), (2), (3), (4) or, as
the case may be, under sub-section (5):

PROVIDED that any extension of time limit approved by the Commissioner of [CGST
/ SGST] shall be deemed to be approved by the Commissioner of [SGST/ CGST].

(7) Every registered taxable person, who is required to furnish a return under subsection
(1), (2), (3) or, as the case may be, under sub-section (5) shall pay to
the account of the appropriate Government the tax due as per such return not
later than the last date on which he is required to furnish such return.

(8) Every registered taxable person who is required to furnish a return under subsection (1), or as the case may be, under sub-section (2), shall furnish a return
for every tax period whether or not any supplies of goods or services have been
effected during such tax period.

(9) Subject to the provisions of sections 32 and 33, if any taxable person after
furnishing a return under sub-section (1), (2) or, as the case may be, under subsection (4) discovers any omission or incorrect particulars therein, other than as
a result of scrutiny, audit, inspection or enforcement activity by the tax
authorities, he shall rectify such omission or incorrect particulars in the return to
be furnished for the month or quarter, as the case may be, during which such
omission or incorrect particulars are noticed, subject to payment of interest,
where applicable and as specified in the Act:

PROVIDED that no such rectification of any omission or incorrect particulars shall be
allowed after the due date for furnishing of return for the month of September or
second quarter, as the case may be, following the end of the financial year, or the
actual date of furnishing of relevant annual return, whichever is earlier.

Section-33. Furnishing details of inward supplies

                      Section-33.              Furnishing details of inward supplies


(1) Every registered taxable person, other than an input service distributor or a nonresident
taxable person or a person paying tax under section 9, section 46 or
section 56, shall verify, validate, modify or, if required, delete the details relating
to outward supplies and credit or debit notes communicated under sub-section (1) of 
section 32 to prepare the details of his inward supplies and credit or debit
notes and may include therein, the details of inward supplies and credit or debit
notes received by him in respect of such supplies that have not been declared by
the supplier under sub-section (1) of section 32.

(2) Every registered taxable person, other than an input service distributor or a nonresident
taxable person or a person paying tax under the provisions of section 9,
section 46 or section 56 , shall furnish, electronically, the details of inward
supplies of taxable goods and/or services, including inward supplies of goods or
services on which the tax is payable on reverse charge basis under this Act and
inward supplies of goods and/or services taxable under the IGST Act, and credit
or debit notes received in respect of such supplies during a tax period after the
tenth but on or before the fifteenth day of the month succeeding the tax period
in such form and manner as may be prescribed:

PROVIDED that the Commissioner may, for valid and sufficient reasons, by
notification, for such class of taxable persons as may be specified therein, extend the
time limit for furnishing such details:

PROVIDED FURTHER that any extension of time limit approved by the Commissioner
of [Central/State] Goods and Services Tax shall be deemed to be approved by the
Commissioner of [State/Central] Goods and Services Tax.

(3) The details of supplies modified, deleted or included by the recipient and
furnished under sub-section (2) shall be communicated to the supplier concerned
in the manner and within the time as may be prescribed.

(4) The details of supplies modified, deleted or included by the recipient in the return
furnished under sub-sections (2) or (4) of section 34 shall be communicated to
the supplier concerned in the manner and within the time as may be prescribed.

(5) Any registered taxable person, who has furnished the details under sub-section (2) for 
any tax period and which have remained unmatched under section 37 or
section 38, shall, upon discovery of any error or omission therein, rectify such
error or omission in the tax period during which such error or omission is noticed
in such manner as may be prescribed, and shall pay the tax and interest, if any,
in case there is a short payment of tax on account of such error or omission, in
the return to be furnished for such tax period:

PROVIDED that no rectification of error or omission in respect of the details
furnished under sub-section (2) shall be allowed after furnishing of the return under
section 34 for the month of September following the end of the financial year to
which such details pertain, or furnishing of the relevant annual return, whichever is
earlier.

Section-32. Furnishing details of outward supplies

                    Section-32.                   Furnishing details of outward supplies


(1) Every registered taxable person, other than an input service distributor, a nonresident
taxable person and a person paying tax under the provisions of section
9, section 46 or section 56, shall furnish, electronically, in such form and manner
as may be prescribed, the details of outward supplies of goods or services
effected, during a tax period on or before the tenth day of the month succeeding
the said tax period and such details shall be communicated to the recipient of the
said supplies within the time and in the manner as may be prescribed:

PROVIDED that the Commissioner may, for valid and sufficient reasons, by
notification, for such class of taxable persons as may be specified therein, extend the
time limit for furnishing such details:

PROVIDED FURTHER that any extension of time limit approved by the Commissioner
of [Central / State] Goods and Services Tax shall be deemed to be approved by the
Commissioner of [State/Central] Goods and Services Tax.

Explanation.- For the purposes of this section, the expression “details of outward
supplies” shall include details of invoices, debit notes, credit notes and revised
invoices issued in relation to outward supplies made during any tax period.

(2) Every registered taxable person who has been communicated the details under
sub-section (3) of section 33 or the details pertaining to inward supplies of input
service distributor under sub-section (4) of section 333, shall either accept or
reject the details so communicated, on or before the seventeenth day of the
month succeeding the tax period and the details furnished by him under subsection (1) shall stand amended accordingly.

(3) Any registered taxable person, who has furnished the details under sub-section (1) for 
any tax period and which have remained unmatched under section 37 or
section 38, shall, upon discovery of any error or omission therein, rectify such
error or omission in the tax period during which such error or omission is noticed
in such manner as may be prescribed, and shall pay the tax and interest, if any,
in case there is a short payment of tax on account of such error or omission, in
the return to be furnished for such tax period:

PROVIDED that no rectification of error or omission in respect of the details
furnished under sub-section (1) shall be allowed after furnishing of the return under
section 34 for the month of September following the end of the financial year to
which such details pertain, or furnishing of the relevant annual return, whichever is
earlier.

Section-31. Credit and debit notes

                 Section-31.                                          Credit and debit notes


(1) Where a tax invoice has been issued for supply of any goods and/or services and
the taxable value and/or tax charged in that tax invoice is found to exceed the
taxable value and/or tax payable in respect of such supply, or where the goods
supplied are returned by the recipient, or where services supplied are found to be
deficient, the registered taxable person, who has supplied such goods and/or
services, may issue to the recipient a credit note containing such particulars as
may be prescribed.

(2) Any registered taxable person who issues a credit note in relation to a supply of
goods and/or services shall declare the details of such credit note in the return
for the month during which such credit note has been issued but not later than
September following the end of the year in which such supply was made, or the
date of filing of the relevant annual return, whichever is earlier, and the tax
liability shall be adjusted in the manner specified in this Act:

PROVIDED that no reduction in output tax liability of the supplier shall be permitted
if the incidence of tax and interest on such supply has been passed on to any other
person.

(3) Where a tax invoice has been issued for supply of any goods and/or services and
the taxable value and/or tax charged in that tax invoice is found to be less than
the taxable value and/or tax payable in respect of such supply, the taxable
person, who has supplied such goods and/or services, shall issue to the recipient
a debit note containing such particulars as may be prescribed.

Explanation: - ‘Debit Note’ shall include a supplementary invoice.

(4) Any registered taxable person who issues a debit note in relation to a supply of
goods and/or services shall declare the details of such debit note, in the return
for the month during which such debit note has been issued and the tax liability shall
Be adjusted in the manner specified in this Act.

Saturday 7 January 2017

Section-27. Revocation of cancellation of registration

                   Section-27.                    Revocation of cancellation of registration


(1) Subject to such conditions and in such manner as may be prescribed, any
registered taxable person, whose registration is cancelled by the proper officer on
his own motion, may apply to such officer for revocation of cancellation of the
registration in the prescribed manner within thirty days from the date of service
of the cancellation order.

(2) The proper officer may, in the manner and within such period as may be
prescribed in this behalf, by way of an order, either revoke cancellation of the
registration or reject the application for revocation for good and sufficient
reasons.

(3) The proper officer shall not reject the application for revocation of cancellation of
registration without giving a notice to show cause and without giving the person
a reasonable opportunity of being heard.

(4) Revocation of cancellation of registration under the CGST Act / SGST Act shall be
deemed to be a revocation of cancellation of registration under the SGST Act /
CGST Act.

Section-26. Cancellation of registration

                   Section-26.                                         Cancellation of registration

(1) The proper officer may, either on his own motion or on an application filed, in the
prescribed manner, by the registered taxable person or by his legal heirs, in case
of death of such person, cancel the registration, in such manner and within such
period as may be prescribed, having regard to the circumstances where, -

(a) the business has been discontinued, transferred fully for any reason including
death of the proprietor, amalgamated with other legal entity, demerged or
otherwise disposed of; or

(b) there is any change in the constitution of the business; or

(c) the taxable person, other than the person registered under sub-section (3) of
section 23, is no longer liable to be registered under Schedule V .

(2) The proper officer may, in the manner as may be prescribed, cancel the
registration of taxable person from such date, including any anterior date, as he
may deem fit, where, -

(a) the registered taxable person has contravened such provisions of the Act or
the rules made thereunder as may be prescribed; or

(b) a person paying tax under section 9 has not furnished returns for three
consecutive tax periods; or

(c) any taxable person, other than a person specified in clause (b), has not
furnished returns for a continuous period of six months; or

(d) any person who has taken voluntary registration under sub-section (3) of
section 23 has not commenced business within six months from the date of
registration.

(3) Where any registration has been obtained by means of fraud, wilful misstatement
or suppression of facts, the proper officer may cancel the registration with
retrospective effect, subject to the provisions of section 37.

(4) The proper officer shall not cancel the registration without giving a notice to show
cause and without giving the person a reasonable opportunity of being heard:

PROVIDED that such notice may not be issued where an application is filed by the
registered taxable person or his legal heirs, in the case of death of such person, for
cancellation of registration.

(5) The cancellation of registration under this section shall not affect the liability of
the taxable person to pay tax and other dues under the Act or to discharge any
obligation under the Act or the rules made thereunder for any period prior to the
date of cancellation whether or not such tax and other dues are determined
before or after the date of cancellation.

(6) The cancellation of registration under the CGST Act/SGST Act shall be deemed to
be a cancellation of registration under the SGST Act/CGST Act.

(7) Every registered taxable person whose registration is cancelled shall pay an
amount, by way of debit in the electronic credit or cash ledger, equivalent to the
credit of input tax in respect of inputs held in stock and inputs contained in semifinished
or finished goods held in stock on the day immediately preceding the
date of such cancellation or the output tax payable on such goods, whichever is
higher, calculated in such manner as may be prescribed:

PROVIDED that in case of capital goods, the taxable person shall pay an amount
equal to the input tax credit taken on the said capital goods reduced by the
percentage points as may be prescribed in this behalf or the tax on the transaction
value of such capital goods under sub-section (1) of section 15, whichever is higher.

(8) The amount payable under sub-section (7) shall be calculated in such manner as
may be prescribed.

Section-25. Amendment of registration

                     Section-25.                                          Amendment of registration


(1) Every registered taxable person and a person to whom a unique identity number
has been assigned shall inform the proper officer of any changes in the
information furnished at the time of registration, or that furnished subsequently,
in the manner and within such period as may be prescribed.

(2) The proper officer may, on the basis of information furnished under sub-section (1) 
or as ascertained by him, approve or reject amendments in the registration
particulars in the manner and within such period as may be prescribed:

PROVIDED that approval of the proper officer shall not be required in respect of
amendment of such particulars as may be prescribed.

(3) The proper officer shall not reject the request for amendment in the registration
particulars without giving a notice to show cause and without giving the person a
reasonable opportunity of being heard.

(4) Any rejection or, as the case may be, approval of amendments under the CGST
Act/SGST Act shall be deemed to be a rejection or approval of amendments
under the SGST Act/CGST Act.

Section-24. Special provisions relating to casual taxable person and non-resident taxable person

                      Section-24.                        Special provisions relating to casual taxable person and non-resident taxable person


(1) The certificate of registration issued to a casual taxable person or a non-resident
taxable person shall be valid for a period specified in the application for
registration or ninety days from the effective date of registration, whichever is
earlier and such person shall make taxable supplies only after the issuance of the
certificate of registration:

PROVIDED that the proper officer may, at the request of the said taxable person,
extend the aforesaid period of ninety days by a further period not exceeding ninety
days.

(2) Notwithstanding anything to the contrary contained in this Act, a casual taxable
person or a non-resident taxable person shall, at the time of submission of
application for registration under sub-section (1) of section 23, make an advance
deposit of tax in an amount equivalent to the estimated tax liability of such
person for the period for which the registration is sought:

PROVIDED that where any extension of time is sought under sub-section (1), such
taxable person shall deposit an additional amount of tax equivalent to the estimated
tax liability of such person for the period for which the extension is sought.

(3) The amount deposited under sub-section (2) shall be credited to the electronic
cash ledger of such person and shall be utilized in the manner provided under
section 44 .

Section-23. Registration

                  Section-23.                                                 Registration


(1) Every person who is liable to be registered under Schedule V of this Act shall
apply for registration in every such State in which he is so liable within thirty
days from the date on which he becomes liable to registration, in such manner
and subject to such conditions as may be prescribed:

PROVIDED that a casual taxable person or a non-resident taxable person shall
apply for registration at least five days prior to the commencement of business.

(2) Notwithstanding anything contained in sub-section (1), a person having multiple
business verticals in a State may obtain a separate registration for each business
vertical, subject to such conditions as may be prescribed.

(3) A person, though not liable to be registered under Schedule V, may get himself
registered voluntarily, and all provisions of this Act, as are applicable to a
registered taxable person, shall apply to such person.

(4) Every person shall have a Permanent Account Number issued under the Income
Tax Act, 1961 (43 of 1961) in order to be eligible for grant of registration under
sub-section (1), (2) or (3):

PROVIDED that a person required to deduct tax under section 46 shall have, in
lieu of a Permanent Account Number, a Tax Deduction and Collection Account
Number (TAN) issued under the said Act in order to be eligible for grant of
registration.

(5) Notwithstanding anything contained in sub-section (4), a non-resident taxable
person may be granted registration under sub-section (1) on the basis of any
other document as may be prescribed.

(6) Where a person who is liable to be registered under this Act fails to obtain
registration, the proper officer may, without prejudice to any action that is, or
may be taken under this Act, or under any other law for the time being in force,
proceed to register such person in the manner as may be prescribed.

(7) Notwithstanding anything contained in sub-section (1),

(a) any specialized agency of the United Nations Organization or any Multilateral
Financial Institution and Organization notified under the United Nations
(Privileges and Immunities) Act, 1947 (46 of 1947), Consulate or Embassy of
foreign countries shall be granted a Unique Identity Number; and

(b) any other person or class of persons, as may be notified by the Commissioner,
shall obtain a Unique Identity Number,
in the manner prescribed, for the purpose(s) notified, including refund of taxes on
the notified supplies of goods and/or services received by them.

(8) The registration or the Unique Identity Number, shall be granted or, as the case
may be, rejected after due verification in the manner and within such period as
may be prescribed.

(9) A certificate of registration shall be issued in the prescribed form, with effective
date as may be prescribed.

(10) A registration or an Unique Identity Number shall be deemed to have been
granted after the period prescribed under sub-section (8), if no deficiency has
been communicated to the applicant by the proper officer within that period.

(11) Notwithstanding anything contained in sub-section (8), any rejection of
application for registration or the Unique Identity Number under the CGST Act /
SGST Act shall be deemed to be a rejection of application for registration under
the SGST Act / CGST Act.

(12) The grant of registration or the Unique Identity Number under the CGST
Act / SGST Act shall be deemed to be a grant of registration or the Unique
Identity Number under the SGST/CGST Act provided that the application for
registration or the Unique Identity Number has not been rejected under
SGST/CGST Act within the time specified in sub-section (8).

(13) The Central or a State Government may, on the recommendation of the
Council, by notification, specify the category of persons who may be exempted
from obtaining registration under this Act.