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TMI BlogThe West Bengal Goods and Services Tax (Second Amendment) Rules, 2019.X X X X Extracts X X X X X X X X Extracts X X X X ..... t tax credit has been availed thereon.". 3. With effect from 1st April, 2019, in Rule 42 of the said rules,- (a) in sub rule (1),- a. in clause (f), the following Explanation shall be inserted, namely:- "Explanation: For the purpose of this clause, it is hereby clarified that in case of supply of services covered by clause (b) of paragraph 5 of Schedule II of the said Act, value of T4 shall be zero during the construction phase because inputs and input services will be commonly used for construction of apartments booked on or before the date of issuance of completion certificate or first occupation of the project, whichever is earlier, and those which are not booked by the said date." b. in clause (g), after the letter and figure "FORM GSTR-2", the words, letters and figure "and at summary level in FORM GSTR-3B" shall be inserted; c. in clause (h), for the brackets and letter "(g)", the brackets and letter "(f)" shall be substituted; d. in clause (i),- i. before the proviso, the following proviso shall be inserted, namely:- "Provided that in case of supply of services covered by clause (b) of paragraph 5 of Schedule II of the Act, the value of 'E/F' for a tax pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es "reversed by the registered person in FORM GSTR-3B or through FORM GST DRC-03" shall be substituted; (d) after sub rule (2), the following sub-rules shall be inserted, namely:- "(3) In case of supply of services covered by clause (b) of paragraph 5 of the Schedule II of the Act, the input tax determined under sub-rule (1) shall be calculated finally, for each ongoing project or project which commences on or after 1st April, 2019, which did not undergo or did not require transition of input tax credit consequent to change of rates of tax on 1st April, 2019 in accordance with notification No. 1135-F.T. [11/ 2017-State Tax (Rate)], dated 28th June, 2017, published in the Kolkata Gazette, Extraordinary, Part I, as amended for the entire period from the commencement of the project or 1st July, 2017, whichever is later, to the completion or first occupation of the project, whichever is earlier, before the due date for furnishing of the return for the month of September following the end of financial year in which the completion certificate is issued or first occupation takes place of the project, in the manner prescribed in the said sub-rule, with the modification that value of E/F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... furnishing of the return for the month of September following the end of financial year in which the completion certificate is issued or first occupation takes place of the project, in the following manner:- (a) The aggregate amount of common credit on commercial portion in the project (C3aggregate_comm) shall be calculated as under, C3aggregate_comm =[aggregate of amounts of C3 determined under sub-rule (1) for the tax periods starting from 1st July, 2017 to 31st March, 2019, × (AC / AT)] + [ aggregate of amounts of C3 determined under sub-rule (1) for the tax periods starting from 1st April, 2019 to the date of completion or first occupation of the project, whichever is earlier] Where, - AC = total carpet area of the commercial apartments in the project AT = total carpet area of all apartments in the project; (b) The amount of final eligible common credit on commercial portion in the project (C3final_comm) shall be calculated as under C3final_comm =C3aggregate_comm x (E/ F) Where, - E = total carpet area of commercial apartments which have not been booked till the date of issuance of completion certificate or first occupation of the project, whichever is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lies other than exempted supplies but including zero rated supplies, shall be zero during the construction phase because capital goods will be commonly used for construction of apartments booked on or before the date of issuance of completion certificate or first occupation of the project, whichever is earlier, and those which are not booked by the said date."; (d) in clause (g),- (A) after the letter and words "'F' is the total turnover", the words "in the State" shall be inserted; (B) Before the proviso the following proviso shall be inserted, namely,- "Provided that in case of supply of services covered by clause (b) of paragraph 5 of the Schedule II of the Act, the value of 'E/F' for a tax period shall be calculated for each project separately, taking value of E and F as under: E= aggregate carpet area of the apartments, construction of which is exempt from tax plus aggregate carpet area of the apartments, construction of which is not exempt from tax, but are identified by the promoter to be sold after issue of completion certificate or first occupation, whichever is earlier; F= aggregate carpet area of the apartments in the project; Explanation 1: In t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch apartments which was exempt from tax; and V2 is the total value of supply of such apartments which was taxable E3 = aggregate carpet area of the apartments, construction of which is not exempt from tax, but have not been booked till the date of issuance of completion certificate or first occupation of the project, whichever is earlier: F= aggregate carpet area of the apartments in the project; Tcfinal = aggregate of Afinal in respect of all capital goods used in the project and Afinal for each capital goods shall be calculated as under, Afinal= A x (number of months for which capital goods is used for the project/ 60) and,- (a) where value of Tefinal exceeds the aggregate of amounts of Te determined for each tax period under sub-rule (1), such excess shall be reversed by the registered person in FORM GSTR-3B or through FORM GST DRC-03 in the month not later than the month of September following the end of the financial year in which the completion certificate is issued or first occupation takes place of the project and the said person shall be liable to pay interest on the said excess amount at the rate specified in sub-section (1) of section 50 for the period starting fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Real Estate Regulatory Authority or to competent authority; (vii) "Commercial apartment" shall mean an apartment other than a residential apartment; (viii) the term "competent authority" as mentioned in definition of "residential apartment", means the local authority or any authority created or established under any law for the time being in force by the Central Government or State Government or Union Territory Government, which exercises authority over land under its jurisdiction, and has powers to give permission for development of such immovable property; (ix) the term "Real Estate Regulatory Authority" shall mean the Authority established under sub-section (1) of section 20 of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) by the Central Government or State Government; (x) the term "carpet area" shall have the same meaning assigned to it in clause (k) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016); (xi) "an apartment booked on or before the date of issuance of completion certificate or first occupation of the project" shall mean an apartment which meets all the following three conditions, namely- (a) pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereof shall be uploaded electronically in FORM GST DRC-07. (3) The order of assessment under sub-section (1) of section 64 shall be issued in FORM GST ASMT-16 and a summary of the order shall be uploaded electronically in FORM GST DRC-07. (4) The person referred to in sub-section (2) of section 64 may file an application for withdrawal of the assessment order in FORM GST ASMT-17. (5) The order of withdrawal or, as the case may be, rejection of the application under sub-section (2) of section 64 shall be issued in FORM GST ASMT-18.". 7. With effect from 1st April, 2019, in the said rules, for rule 142, the following rule shall be substituted, namely:- "142. Notice and order for demand of amounts payable under the Act.-(1) The proper officer shall serve, along with the (a) notice issued under section 52 or section 73 or section 74 or section 76 or section 122 or section 123 or section 124 or section 125 or section 127 or section 129 or section 130, a summary thereof electronically in FORM GST DRC-01, (b) statement under sub-section (3) of section 73 or sub-section (3) of section 74, a summary thereof electronically in FORM GST DRC-02, specifying therein the details of the amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effect from 1st April, 2019, in the said rules, for FORM GST DRC-01, the following FORM shall be substituted, namely:- FORM GST DRC - 01 [See rule 100 (2) & 142(1)(a)] Reference No: Date: To ____________GSTIN/Temp. ID ------------------ Name ____________Address Tax Period ------------- F.Y. ---------- Act - Section / sub-section under which SCN is being issued - SCN Reference No. ---- Date ---- Summary of Show Cause Notice Brief facts of the case : Grounds : Tax and other dues : (Amount in Rs.) Sr.No. Tax rate Turnover Tax Period Act POS (Place of Supply) Tax Interest Penalty Others Total From To 1 2 3 4 5 6 7 8 9 10 11 12 Total Signature Name Designation Jurisdiction Address Note - 1. Only applicable fields may be filled up. 2. Column nos. 2, 3, 4 and 5 of the above Table i.e. tax rate, turnover and tax period are not mandatory. 3. Place of Supply (POS) details shall be required only if the demand is created under the IGST Act.". 9. With effect from 1st April, 2019, in the said rules, for FORM GST DRC-02, the following FORM shall be substituted, namely:- "FORM GST DRC - 02 [See rule 142(1)(b)] Reference No: Date: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax period, if any
From --- To ----
(c) Section under which order is passed
(d) Original order no.
(e) Original order date
(f) Rectification order no.
(g) Rectification order date
(h) ARN, if applied for rectification
(i) Date of ARN
2. Your application for rectification of the order referred to above has been examined
3. It has come to my notice that the above said order requires rectification (Reason for rectification
as per attached annexure)
4. The order referred to above (issued under section 129) requires to be withdrawn
5. Description of goods / services (if applicable) :
Sr. No.
HSN code
Description
6. Section of the Act under which demand is created:
7. Details of demand, if any, after rectification :
(Amount in Rs.)
Sr.No.
Tax rate
Turnover
Tax Period
Act
POS (Place of Supply)
Tax
Interest
Penalty
Others
Total
From
To
1
2
3
4
5
6
7
8
9
10
11
12
Total
You are hereby directed to make the payment by X X X X Extracts X X X X X X X X Extracts X X X X ..... 1st April, 2019, in the said rules, for FORM GST ASMT-15, the following FORM shall be substituted, namely:- "FORM GST ASMT- 15 [See rule 100(2)] Reference No.: Date: To _______________ (GSTIN/ID) _______________ Name _______________ (Address) Tax Period : F.Y. : SCN Reference No.: Date : Act/ Rules Provisions: Assessment order under section 63 Preamble - << standard >> The notice referred to above was issued to you to explain the reasons for continuing to conduct business as an unregistered person, despite being liable to be registered under the Act. OR The notice referred to above was issued to you to explain the reasons as to why you should not pay tax for the period …………. as your registration has been cancelled under sub-section (2) of section 29 with effect from------------- Whereas, no reply was filed by you or your reply was duly considered during proceedings held on --------- date(s). On the basis of information available with the department / record produced during proceedings, the amount assessed and payable by you is as under: Introduction : Submissions, if any : Conclusion (to drop proceedings or to create demand) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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