Haryana Goods and Services Tax (Seventh Amendment) Rules, 2017. - 85/ST-2 - Haryana SGST

HARYANA GOVERNMENT EXCISE AND TAXATION DEPARTMENT Notification The 22nd September, 2017 No: 85/ST-2.- In exercise of the powers conferred by section 164 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017) , the Governor of Haryana, hereby makes the following rules further to amend the Haryana Goods and Services Tax Rules, 2017, namely:- 1. (1) These rules may be called the Haryana Goods and Services Tax (Seventh Amendment) Rules, 2017. (2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette. 2. In the Haryana Goods and Services Tax Rules, 2017, (hereinafter called the said rules), in rule 3, (i) after sub-rule (3), the following sub-rule shall be inserted, namely:- (3A) Notwithstanding anything contained in sub-rules (1), (2) and (3), a person who has been granted registration on a provisional basis under rule 24 or who has applied for registration under sub-rule (1) of rule 8 may opt to pay tax under section 10 with effect from the first day of October, 2017 by electronically filing an intimation in FORM GST CMP-02 , on the common portal either directly or through a Facilitation Centre notified by the Commissioner, before the said date and shall furnish the statement in FORM GST ITC-03 in accordance with the provisions of sub - rule (4) of rule 44 within a period of ninety days from the said date: Provided that the said persons shall not be allowed to furnish the declaration in FORM GST TRAN-1 after the statement in FORM GST ITC-03 has been furnished. ; (ii) in sub-rule (5), after the words, brackets and figure, or sub-rule (3) , the words, brackets, figure and letter or sub-rule (3A) shall be inserted; 3. In the said rules, after rule 120, the following rule shall be inserted, namely:- 120A. Every registered person who has submitted a declaration electronically in FORM GST TRAN-1 within the time period specified in rule 117, rule 118, rule 119 and rule 120 may revise such declaration once and submit the revised declaration in FORM GST TRAN-1 electronically on the common portal within the time period specified in the said rules or such further period as may be extended by the Commissioner in this behalf. ; 4. In the said rules, in rule 127, after clause (iii), the following clause shall be inserted, namely:- (iv) to furnish a performance report to the Council by the tenth of the close of each quarter. ; 5. In the said rules, in rule 138, in sub-rule (1),- (i) for the sign . existing at the end, the sign : shall be substituted; (ii) the following provisos shall be inserted, namely:- Provided that where goods are sent by a principal located in one State to a job-worker located in any other State, the e-way bill shall be generated by the principal irrespective of the value of the consignment; Provided further that where handicraft goods are transported from one State to another by a person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of section 24, the e-way bill shall be generated by the said person irrespective of the value of the consignment. Explanation . For the purposes of this rule, the expression handicraft goods has the meaning as assigned to it in the Haryana Government, Excise and Taxation Department, Notification No.83/ST-2, dated 22nd September, 2017. ; 6. In the said rules, with effect from the 1st day of July, 2017, in FORM GST TRAN-1 ,- (i) in serial number 5, in heading at (a), for the words, letters and signs (Section 140(1) and Section 140(4)(a)) , the words, letters and signs (Section 140(1), Section 140 (4) (a) and Section 140(9)) shall be substituted; (ii) in serial number 7, in the table, for the heading, 7A where duty paid invoices are available , the following heading shall be substituted, namely:- 7A where duty paid invoices (including Credit Transfer Document (CTD)) are available ; (iii) in the end of the Form, after the words Designation/Status , the following shall be inserted, namely:- Instructions: 1. Central Tax credit in terms of sub-section (9) of section 140 of the CGST Act, 2017 shall be availed in column 6 of table 5 (a). 2. Registered persons availing credit through Credit Transfer Document (CTD) shall also file Trans 3 besides availing credit in table 7A under the heading inputs. . 7. In the said rules, in the Notes to FORM GST EWB-01 , after Note 4, the following Note shall be added, namely:- 5. The details of bill of entry shall be entered in place of invoice where the consignment pertains to an import. SANJEEV KAUSHAL, Additional Chief Secretary to Government Haryana, Excise and Taxation Department.