Seeks to further amend the SGST Rules,2017(Fourth Amendment,2018) - FTX.56/2017/Pt-II/114. - Assam SGST

GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR FINANCE (TAXATION) DEPARTMENT NOTIFICATION The 31 st May, 2018 No.FTX.56/2017/Pt-II/114 .- In exercise of the powers conferred by section 164 of the Assam Goods and Services Tax Act, 2017, (Assam Act No. xxvIII of 2017) the Governor of Assam is hereby pleased further to amend the Assam Goods and Services Tax Rules, 2017, hereinafter referred to as the principal rules. namely:- 1. Short title and commencement. (1) These rules may be called the Assam Goods and Services Tax (Fourth Amendment) Rules, 2018. (2) Save as otherwise provided in these rules, they shall be deemed to have come into force with effect from 18thApril, 2018. 2. Amendment in rule 89 In the principal rules, in rule 89, for sub-rule (5). the following shall be substituted, namely: - (5). In the case of refund on account of inverted duty structure, refund of input tax credit shall be granted as per the following formula:- Maximum Refund Amount = {(Turnover of inverted rated supply of goods and services) x Net ITC/ Adjusted Total Turnover} - tax payable on such inverted rated supply of goods and services. Explanation : -For the purposes of this sub-rule, the expressions (a) Net ITC shall mean input tax credit availed on inputs during the relevant period other than the input tax credit availed for which refund is claimed under sub-rules (4A) or (4B) or both; and (b) Adjusted Total turnover shall have the same meaning as assigned to it in sub-rule (4). 3. Substitution of rule 97. In the principal rules, for rule 97, the following rule shall be substituted: - Consumer Welfare Fund. 97.(1) AII amounts of State tax and income from investment along with other monies specified Assam Act No. XXVIII of 2017 (6) The Committee shall have powers - (a) to require any applicant to get registered with any authority as the State Government may specify; (b) to require any applicant to produce before it, or before a duly authorized officer of the State Government, as the case may be, such books, accounts. documents, instruments, or commodities in custody and control of the applicant, as may be necessary for proper evaluation of the application; (c) to require any applicant to allow entry and inspection of any premises, from which activities claimed to be for the welfare of consumers are stated to be carried on, to a duly authorized officer of the State Government, as the case may be; (d) to get the accounts of the applicants audited, for ensuring proper utilisation of the grant: (e) to require any apnlicant, in case of any default, or suppression of material information on his part, to refund in lumpa sum along with accrued interests the sanctioned grant to the Committee, and to be subject to prosecution under the Act; (f) to recover any sum due from any applicant in accordance with the provisions of the Act; (g) to require any applicant, or class of applicants to submit a periodical report, indicating proper utilisation of the grant; (h) to reject an application placed before it on account of factual inconsistency or inaccuracy in material particulars; (i) to recommend minimum financial assistance. by way of grant to an applicant, having regard to his financial status, and importance and utility of the nature of activity under pursuit. after ensuring that the financial assistance provided shall not be misutilised; (j) to identify beneficial and safe sectors, where investments out of Fund may be made, and make recommendations, accordingly; (iv) village ormandal orsamiti orsamiti level cooperatives of consumers especially Women, Scheduled Castes and Scheduled Tribes; (v) an educational or research institution incorporated by an Act of Parliament or the Legislature of a State or Union Territory in India or other educational institutions established by an Act of Parliament or declared to be deemed as a University under section 3 of the University Grants Commission Act, 1956 (3 of 1956) and which has consumers studies as part of its curriculum for a minimum period of three years; and (vi) a complainant as defined under clause (b) of sub-section (l) of section 2 of the Consumer Protection Act. 1986(68 of 1986), who applies for reimbursement of legal expenses incurred by him in a case instituted by him in a consumer dispute redressal agency. (b) application means an application in the form as specified by the Standing Committee from time to lime; (c) 'Central Consumer Protection Council' means the Central Consumer Protection Council, established under sub-section ( I ) of section 4 of the Consumer Protection Act. 1986 (68 of 1986). for promotion and protection of rights of consumers; (d) 'Committee' means the Committee constituted under sub-rule (4); (e) 'consumer' has the same meaning as assigned to it in clause (d) of sub-section (l) of section 2 of the Consumer Protection Acts 1986 (68 Of 1986), and includes consumer of goods on which central tax has been paid; (f) 'Fund' means the Consumer Welfare Fund established by the State Government under section 57 of the Assam Goods and Services Tax Act, 2017; Assam Act no. XXVIII of 2017. (g) 'proper officer' means the officer having the power under the Act to make an order that the whole or any part of the State tax is refundable; 4. Amendment in FORM GST ITC-03 in FORM GST ITC-03 , after entry 5 (e), for the instruction against ** the following shall be substituted, namely: - 8 (c) Capital goods/plant and machinery held in stock 8 (d) Inputs held in stock or inputs as contained in semi-finished /finished goods held in stock ( where invoice is not available 9. Amount of tax payable and paid (based on Table 8) SI. No. Description ITC reversible Tax/ payable Tax paid along with application for cancellation of registration (GST REG-16) Balance tax payable (3-4) Amount paid through debit to electronic cash ledger Amount paid through debit to electronic credit ledger Central Tax State/ Union territory Tax Integra-ted Tax Cess 1 2 3 4 5 6 7 8 9 10 Central Tax 2. State/ Union territory Tax 3. Integrated Tax 4. Cess 10. Interest, late fee payable and paid Description Amount payable Amount Paid 1 2 3 (I) Interest on account of (a) Integrated Tax (b) Central Tax (c) State/Union territory Tax (d) Cess (II) Late fee Central Tax (b) State/Union territory tax Sl. No. HSN Description 4. Details of demand SI. No. Tax rate Turnover Place of supply Act Tax/ Cess Interest Penalty Others 2 3 4 5 6 7 8 9 Signature Name Designation V. B. PYARELAL, Additional Chief Secretary to the Government of Assam, Finance Department