Amendment in Jammu and Kashmir Goods and Services Tax Rules, 2017 - S.O. 385 - Jammu and Kashmir SGST

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT-FINANCE DEPARTMENT Notification Jammu, the 17th December, 2020. S.O. 385. -In exercise of the powers conferred by section 164 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the Government, on recommendations of the Council, hereby makes the following rules further to amend the Jammu and Kashmir Goods and Services Tax Rules, 2017, namely :- (1) Save as otherwise provided in these rules, they shall deem to have come into force on the date of publication of the corresponding notification under Central Goods and Services Tax Rules in the Central Gazette. 2. In the Jammu and Kashmir Goods and Services Tax Rules 2017 (hereafter in this notification referred to as the said rules), for rule 59, the following rule shall be substituted with effect from the 1st day of January, 2021, namely :- 59. Form and manner of furnishing details of outward supplies.- (1) Every registered person, other than a person referred to in section 14 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), required to furnish the details of outward supplies of goods or services or both under section 37, shall furnish such details in Form GSTR 1 for the month or the quarter, as the case may be, electronically through the common portal, either directly or through a Facilitation Centre as may be notified by the Commissioner. (2) The registered persons required to furnish return for every quarter under proviso to sub-section (1) of Section 39 may furnish the details of such outward supplies of goods or services or both to a registered person, as he may consider necessary, for the first and second months of a quarter, up to a cumulative value of fifty lakh rupees in each of the months, using invoice furnishing facility (hereafter in this notification referred to as the IFF ) electronically on the common portal, duly authenticated in the manner prescribed under rule 26, from the 1st day of the month succeeding such month till the 13th day of the said month. (3) The details of outward supplies furnished using the IFF, for the first and second months of a quarter, shall not be furnished in FORM GSTR 1 for the said quarter. (4) The details of outward supplies of goods or services or both furnished in FORM GSTR 1 shall include the- (a) invoice-wise details of all (i) inter-State and intra-State supplies made to the registered persons ; and (ii) inter-State supplies with invoice value more than two and a half lakh rupees made to the unregistered persons ; (b) consolidated details of all (i) inter-State supplies made to unregistered persons for each rate of tax ; and (ii) State-wise Inter-State supplies with invoice value up to two and a half lakh rupees made to unregistered persons for each rate of tax ; (c) debit and credit notes, if any, issued during the month for invoices issued previously. (5) The details of outward supplies of goods or services or both furnished using the IFF shall include the- (a) Invoice-wise details of inter-State and intra-State supplies made to the registered persons ; (b) debit and credit notes, if any, issued during the month for such invoices issued previously . 3. In the said rules, for rule 60, the following rule shall be substituted with effect from the 1st day of January, 2021, namely :- 60. Form and manner of ascertaining details of inward supplies.-(1) The details of outward supplies furnished by the supplier in Form GSTR-1 or using the IFF shall be made available electronically to the concerned registered persons (recipients) in Part A of FORM GSTR-2A, in FORM GSTR4A and in FORM GSTR-6A through the common portal, as the case may be. (2) The details of invoices furnished by an non-resident taxable person in his return in FORM GSTR-5 under rule 63 shall be made available to the recipient of credit in Part A of FORM GSTR-2A electronically through the common portal. (3) The details of invoices furnished by an input Service Distributor in his return in FORM GSTR-6 under rule 65 shall be made available to the recipient of credit in Part B of FORM GSTR-2A electronically through the common portal. (4) The details of tax deducated at source furnished by the deductor under sub-section (3) of section 39 in FORM GSTR-7 shall be made available to the deductee in Part C of FORM GSTR-2A electronically through the common portal. (5) The details of tax collected at source furnished by an e-commerce operator under section 52 in FORM GSTR-8 shall be made available to the concerned person in Part C of FORM GSTR-2A electronically through the common portal. (6) The details of the integrated tax paid on the import of goods or goods brought in domestic tariff area from Special Economic Zone unit or a Special Economic Zone developer on a bill of entry shall be made available in Part D of FORM GSTR-2A electronically through the common portal. (7) An auto-drafted statement containing the details of input tax credit shall be made available to the registered person in FORM GSTR-2B, for every month, electronically through the common portal, and shall consist of- (i) the details of outward supplies furnished by his supplier, other than a supplier required to furnish return for every quarter under proviso to subsection (1) of Section 39, in FORM GSTR-1, between the day immediately after the due date of furnishing of FORM GSTR-1 for the previous month to the due date of furnishing of FORM GSTR1 for the month ; (ii) the details of invoices furnished by a non-resident taxable person in FORM GSTR-5 and details of invoices furnished by an input Service Distributor in his return in FORM GSTR-6 and details of outward supplies furnished by his supplier, required to furnish return for every quarter under proviso to subsection (1) of Section 39, in FORM GSTR-1 or using the IFF, as the case may be,- (a) for the first month of the quarter, between the day immediately after the due date of furnishing of FORM GSTR-1 for the preceding quarter to the due date of furnishing details using the IFF for the first month of the quarter ; (b) for the second month of the quarter, between the day immediately after the due date of furnishing details using the IFF for the first month of the quarter to the due date of furnishing details using the IFF for the second month of the quarter ; (c) for the third month of the quarter, between the day immediately after the due date of furnishing of details using the IFF for the second month of the quarter to the due date of furnishing of FORM GSTR-1 for the quarter ; (iii) the details of the integrated tax paid on the import of goods or goods brought in the domestic tariff area from Special Economic Zone unit or a Special Economic Zone developer on a bill of entry in the month. (8) The Statement in FORM GSTR-2B for every month shall be made available to the registered person,- (i) for the first and second month of a quarter, a day after the due date of furnishing of details of outward su pplies for the sa id month, in t he IFF by a registered person required to furnish return for every quarter under proviso to sub-section (1) of Section 39, or in FORM GSTR-1 by a registered person, other than those required to furnish return for every quarter under proviso to sub-section (1) of Section 39, whichever is later ; (ii) in the third month of the quarter, a day after the due date of furnishing of details of outward supplies for the said month, in FORM GSTR-1, by a registered person required to furnish return for every quarter under proviso to sub-section (1) of Section 39. 4. In the said rules, in rule 61, after sub-rule (5), the following sub-rule shall be inserted, namely :- (6) Every registered person other than a person referred to in section 14 of the integrated Goods and Services Tax Act, 2017 (13 of 2017) or an input Service Distributor or a non-resident taxable person or a person paying tax under section 10 or section 51 or, as the case may be, under Section 52 shall furnish a return in FORM GSTR3B, electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner, on or before the twentieth day of the month succeeding such tax period : Provided that for taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the, the Union Territory of Jammu and Kashmir, the return in FORM GSTR-3B of the said rules for the months of October, 2020 to March, 2021 shall be furnished electronically through the common portal, on or before the twenty-fourth day of the month succeeding such month. 5. In the said rules, in rule 61, the following rule shall be substituted with effect from the 1st day of January, 2021, namely :- 61. Form and manner of furnishing of return .-(1) Every registered person other than a person referred to in section 14 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017) or an Input Service Distributor or a non-resident taxable person or a person paying tax under section 10 or Section 51 or, as the case may be, under Section 52 shall furnish a return in FORM GSTR 3B, electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner, as specified under- (i) sub-section (1) of section 39, for each month, or part thereof, on or before the twentieth day of the month succeeding such month ; (ii) proviso to sub-section (1) of section 39, for each quarter, or part thereof, for the class of registered persons mentioned in column (2) of the Table given below, on or before the date mentioned in the corresponding entry in column (3) of the said Table, namely :- Table 1 2 3 1. Registered persons whose principal place of business is in the Union Territory of Jammu and Kashmir. twenty-fourth day of the month succeeding such quarter. (2) Every registered person required to furnish return, under sub-rule (1) shall, subject to the provisions of section 49, discharge his liability towards tax, interest, penalty, fees or any other amount payable under the Act or the provisions of this Chapter by debiting the electronic cash ledger or electronic credit ledger and include the details in the return in FORM GSTR-3B. (3) Every registered person required to furnish return, every quarter under clause (ii) of sub-rule (1) shall pay the tax due under proviso to sub-section (7) of section 39, for each of the first two months of the qurarter, by depositing the said amount in FORM GST PMT-06, By the twenty fifth day of the month succeeding such month : Provided that the Commissioner may, on the recommendations of the Council, by notification, extend the due date for depositing the said amount in FORM GST PMT-06, for such class of taxable persons as may be specified therein : Provided further that any extension of time limit notified by the Commissioner of State Tax or Union Territory Tax shall be deemed to be notified by the Commissioner ; Provided also that while making a deposit in FORM GST PMT-06, such a registered person may- (a) for the first month of the quarter, take into account the balance in the electronic cash ledger. (b) for the second month of the quarter, take into account the balance in the electronic cash ledger excluding the tax due for the first month. (4) The amount deposited by the registered perosons under sub-rule (3) above, shall be debited while filing the return for the said quarter in FORM GSTR-3B, and any claim of refund of such amount lying in balance in the electronic cash ledger, if any, out of the amount so deposited shall be permitted only after the return in FORM GSTR-3B for the said quarter has been filed . 6. In the said rules, after rule 61, the following rule shall be inserted, namely :- 61A. Manner of opting for furnishing quarterly return. -(1) Every registered person intending to furnish return on a quarterly basis under proviso to sub-section (1) of section 39, shall in accordance with the conditions and restrictions notified in this regard, indicate his preference for furnishing of return on a quarterly basis, electronically, on the common portal, from the 1st day of the second month of the preceding quarter till the last day of the first month of the quarter for which the option is being exercised : Provided that where such option has been exercised once, the said registered person shall continue to furnish the return on a quarterly basis for future tax periods, unless the said registered person,- (a) becomes ineligible for furnishing the return on a quarterly basis as per the conditions and restrictions notified in this regard ; or (b) opts for furnishing of return on a monthly basis, electronically, on the common protal : Provided further that a registered person shall not be eligible to opt for furnishing quarterly return in case the ladt return due on the date of exercising such option has not been furnished. (2) A registered person, whose aggregate turnover exceeds 5 crore rupees during the current financial year, shall opt for furnishing of return on a monthly basis, electronically, on the common portal, from the first month of the quarter, succeeding the quarter during which his aggregate turnover exceeds 5 crore rupees. 7. In the said rules, in rule 62,- (i) in sub-rule (1), the words, figures, letters and brackets or paying tax by availing the benefit of SRO Notification No. SRO-206 dated 18th March, 2019 shall be omitted ; (ii) In sub-rule (4), the words, figures, letters and brackets or by availing the benefit of SRO Notification No. SRO-206 dated 18th March, 2019 shall be omitted ; (Sd.) DR. ARUN KUMAR MEHTA, IAS, Financial Commissioner, Finance Department.