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LATEST AMENDMENTS IN GST LAWS |
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LATEST AMENDMENTS IN GST LAWS |
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Latest amendments in CGST The following notifications have been issued in respect of CGST-
Latest amendments in IGST The following notifications have been issued in respect of IGST-
Latest amendment in UTGST
Notification No. 30/2023-Central Tax, dated 31.07.2023 the Central Government notified a special procedure to be followed by a registered person engaging in the manufacturing of the goods. This notification proposed to the above said procedure to come effect from 01.01.2024. This notification notified the effective date of ‘The Central Goods and Services Tax (Amendment) Act, 2023 notified on 18.08.2023 as 01.10.2023. Vide this Notification the Central Government notified the following supplies under section 15(5) of the CGST Act-
This notification shall come into effect from 01.10.2023. Vide Notification No. 66/2017-Central Tax, dated 15.11.2017, the Central Government notified the registered person who did not opt for the composition levy under section 10 of the said Act* as the class of persons who shall pay the central tax on the outward supply of goods at the time of supply as specified in clause (a) of sub-section (2) of section 12 of the said Act including in the situations attracting the provisions of section 14 of the said Act, and shall accordingly furnish the details and returns as mentioned in Chapter IX of the said Act and the rules made there under and the period prescribed for the payment of tax by such class of registered persons shall be such as specified in the said Act. The present notification inserted the phrase ‘other than the registered person making supply of specified actionable claims as defined in clause (102A) of section 2 of the said Act’, after *. This notification amended the Goods and Services Tax Rules, 2017 and this is the third amendment in the year 2023. Amendment to Rule 8 The Notification substituted a new Regulation 8(1) for the existing one. The newly substituted Regulation 8(1) provides that every person who is liable to be registered under sub-section (1) of section 25 and every person seeking registration under sub-section (3) of section 25 except–
shall, before applying for registration, declare his Permanent Account Number, State or Union territory in Part A of FORM GST REG-01 on the common portal, either directly or through a Facilitation Centre notified by the Commissioner. Every person being an Input Service Distributor shall make a separate application for registration as such Input Service Distributor. Amendment to Regulation 14 Regulation 14 provides for registration to a person supplying online information and data base access or retrieval services from a place outside India to a non taxable online recipient. The amendment added any person supplying online money gaming from a place outside India to a person in India for getting GST registration. Insertion of new Regulation 31B The amendment inserted a new Regulation 31B. The newly inserted Regulation 31B provides that the value of supply of online gaming, including supply of actionable claims involved in online money gaming, shall be the total amount paid or payable to or deposited with the supplier by way of money or money’s worth, including virtual digital assets, by or on behalf of the player. Any amount returned or refunded by the supplier to the player for any reasons whatsoever, including player not using the amount paid or deposited with the supplier for participating in any event, shall not be deductible from the value of supply of online money gaming. Insertion of new Regulation 31C The amendment inserted a new Regulation 31C. The newly inserted Regulation 31C provides that the value of supply of actionable claims in casino shall be the total amount paid or payable by or on behalf of the player for –
Any amount returned or refunded by the casino to the player on return of token, coins, chips, or tickets, as the case may be, or otherwise, shall not be deductible from the value of the supply of actionable claims in casino. The explanation to Regulation 31C provides that any amount received by the player by winning any event, including game, scheme, competition or any other activity or process, which is used for playing by the said player in a further event without withdrawing, shall not be considered as the amount paid to or deposited with the supplier by or on behalf of the said player. Amendment to Regulation 46 Regulation 46 provides what are the details to be entered in the tax invoice. The amendment inserted the words ‘in cases involving supply of online money gaming or in cases’ in the proviso to 46(f). After amendment Regulation 46(f) provides that the tax invoice would contain name and address of the recipient and the address of delivery, along with the name of the State and its code, if such recipient is un-registered and where the value of the taxable supply is less than Rs.50000/- and the recipient requests that such details be recorded in the tax invoice. Provided that in cases involving supply of online money gaming or in cases where any taxable service is supplied by or through an electronic commerce operator or by a supplier of online information and database access or retrieval services to a recipient who is un-registered, irrespective of the value of such supply, a tax invoice issued by the registered person shall contain the name of the state of the recipient and the same shall be deemed to be the address on record of the recipient. Amendment to Regulation 64 The amendment substituted a new section 64 for the existing one. The newly substituted Regulation provides the Form and manner of submission of return by persons providing online information and data base access or retrieval services and by persons supplying online money gaming from a place outside India to a person in India. The said Regulation 64 provides that every registered person either providing online money gaming from a place outside India to a person in India, or providing online information and data base access or retrieval services from a place outside India to a non-taxable online recipient referred to in section 14 of the Integrated Goods and Services Tax Act, 2017 or to a registered person other than a non-taxable online recipient, shall file return in FORM GSTR-5A on or before the 20th day of the month succeeding the calendar month or part thereof. Amendment to Regulation 87 The amendment substituted some words of second proviso to Regulation 87. The newly substituted proviso provides that a person supplying online information and database access or retrieval services from a place outside India to a non-taxable online recipient referred to in ‘section 14, or a person supplying online money gaming from a place outside India to a person in India as referred to in section 14A’, of the Integrated Goods and Services Tax Act, 2017 may also make the deposit under sub-rule (2) through international money transfer through Society for Worldwide Interbank Financial Telecommunication payment network, from the date to be notified by the Board. Substitution of new forms The amendment substituted Form GST REG-10, Form GSTR - 5A for the existing the said forms. Notification No. 11/2023-Central Tax (Rate) This Notification amended the Notification No. 01/2017-Central Tax (Rate), dated 28.06.2017 by inserting serial No. 227A which shall be applicable to any Chapter and applicable to specified actionable claim. The explanation defines the expression ‘actionable claim’ as defined in section 2(102A) of the CGST Act, 2017 means the actionable claim involved in or by way of-
The amendment omitted the following entries-
The amendment inserted a new clause (v) to the Explanation to this Notification. The newly inserted clause (v) provides that the words and expressions used and not defined in this notification, but defined in the Central Goods and Service Tax Act, 2017, the Integrated Goods and Services Tax Act, 2017 and the Union Territory Goods and Services Tax Act, 2017, shall have the same meanings as assigned to them in those Acts. Notification No. 02/2023 - Integrated Tax The Integrated Goods and Services Tax Act, 2017 was amended on 18.08.2023 by Notification. This amended act amended section 2, 5, 10 and 10A. Vide this Notification the Central Government appointed 01.10.2023 as the date on which the provisions of the said Act, shall come into force. Notification No. 03/2023 - Integrated Tax Vide this Notification the Central Government notified the supply of online money gaming as the goods on import of which the proviso to sub-section (1) of section 5 of the said Act shall not apply, but on which integrated tax shall be levied and collected under sub-section (1) of section 5 of the said Act. This Notification came into effect from 01.10.2023. Notification No.04/2023 - Integrated Tax Vide this Notification the Central Government notified the Principal Commissioner of Central Tax, Bengaluru West and all the officers subordinate to him as the officers empowered to grant registration in case of supply of online money gaming provided or agreed to be provided by a person located in non-taxable territory and received by a person in India. The explanation to this notification provides that ‘online money gaming’ shall have the same meaning as assigned to it in clause (80B) of section 2 of the Central Goods and Services Tax Act, 2017. This notification came into force from 01.10.2023. Notification No. 11/2023 - Integrated Tax (Rate) This notification brought amendments to Notification No. 08/2017-Integrated Tax (Rate), dated 28.06.2017. This notification omitted the words ‘including services provided or agreed to be provided by a person located in non-taxable territory to a person located in non-taxable territory by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India’ in the Table, against serial number 9, in column (3), in item (ii)’. Notification No. 12/2023 - Integrated Tax (Rate) This notification amended the Notification No. 09/2017-Integrated Tax, dated 28.06.2017. The amendment substituted a new proviso for the existing proviso in the Table, against serial number 10, in column (3). The newly substituted proviso provides that the exemption shall not apply to online information and database access or retrieval services received by persons specified in item (a) or item (b). This notification came into effect from 01.10.2023. Notification No. 13/2023- Integrated Tax (Rate) This notification brought amendment to the Notification No. 10/2017-Integrated Tax (Rate), dated 28.06.2017. This notification omitted in the Table, serial number 10 and the entries relating thereto. This notification came into effect from 01.10.2023. The omitted entry 10-
Notification No. 14/2023-Integrated Tax (Rate) This notification brought amendment to the Notification No.01/2017-Integrated Tax (Rate), dated 28.06.2017. The Notification inserted serial No. 227A which shall be applicable to any Chapter and applicable to specified actionable claim. The explanation defines the expression ‘actionable claim’ as defined in section 2(102A) of the CGST Act, 2017 means the actionable claim involved in or by way of-
The amendment omitted the following entries-
The amendment inserted a new clause (v) to the Explanation to this Notification. The newly inserted clause (v) provides that the words and expressions used and not defined in this notification, but defined in the Central Goods and Service Tax Act, 2017, the Integrated Goods and Services Tax Act, 2017 and the Union Territory Goods and Services Tax Act, 2017, shall have the same meanings as assigned to them in those Acts. Notification No. 11/2023-Union Territory Tax (Rate) This Notification brought amendment to the Notification No. 01/2017-Union Territory Tax (Rate), dated 28.06.2017. The Notification inserted serial No. 227A which shall be applicable to any Chapter and applicable to specified actionable claim. The explanation defines the expression ‘actionable claim’ as defined in section 2(102A) of the CGST Act, 2017 means the actionable claim involved in or by way of-
The amendment omitted the following entries-
The amendment inserted a new clause (v) to the Explanation to this Notification. The newly inserted clause (v) provides that the words and expressions used and not defined in this notification, but defined in the Central Goods and Service Tax Act, 2017, the Integrated Goods and Services Tax Act, 2017 and the Union Territory Goods and Services Tax Act, 2017, shall have the same meanings as assigned to them in those Acts.
By: Mr. M. GOVINDARAJAN - October 7, 2023
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