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TMI BlogThe Himachal Pradesh 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 ..... referred to as the said rules), in rule 41, in sub-rule (1), after the proviso, the following explanation shall be inserted, namely: - Explanation : - For the purpose of this sub-rule, it is hereby clarified that the value of assets means the value of the entire assets of the business, whether or not input 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 T 4 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d declared in FORM GSTR-3B or through FORM DRC-03 ; ; (f) in the clause (m), for the words added to the output tax liability of the registered person , the words, letters and figures reversed by the registered person in FORM GSTR-3B or through FORM DRC-03 shall be substituted; (b) in sub-rule (2), for the words The input tax credit , the words, figures and bracket Except incase of supply of services covered by clause (b) of paragraph 5 of the Schedule II of the Act, the input tax credit shall be substituted; (c) in the clause (a) of sub-rule (2), for the words added to the output tax liability of the registered person , the words, letters and figures reversed by the registered person in FORM GSTR-3B or through FORM 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 di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the project. (4) In case of supply of services covered by clause (b) of paragraph 5 of Schedule II of the Act, the input tax determined under sub-rule (1) shall be calculated finally, for commercial portion in each project, other than residential real estate project (RREP), which underwent transition of input tax credit consequent to change of rates of tax on the 1 st April, 2019 in accordance with notification No. 11/2017- State Tax (Rate), dated the 30 th June, 2017, published vide EXN-F(10)-14/2017-Loose dated 30-06-2017, 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 following manner. (a) The aggregate amount of common credit on commercial portion in the project (C3 aggregate_comm ) shall be calculated as under, C3 aggregate_comm =[aggregate of amounts of C3 determined under sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Where any input or input service are used for more than one project, input tax credit with respect to such input or input service shall be assigned to each project on a reasonable basis and credit reversal pertaining to each project shall be carried out as per sub-rule (3). . 4. With effect from 1st April, 2019, in rule 43, of the said rules (i) in sub rule (1),- (a) in clause (a), after the words, letters and figures FORM GSTR-2 , the words, letters and figure and FORM GSTR-3B shall be inserted; (b) in clause (b), after the letters and figure FORM GSTR-2 , the words, letters and figures and FORM GSTR-3B shall be inserted; (c) after clause (b), 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 the Schedule II of the said Act, the amount of input tax in respect of capital goods used or intended to be used exclusively for effecting supplies other than exempted supplies but including zero rated supplies, shall be zero d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he amount Te shall be computed separately for input tax credit of Central tax, State tax, Union territory tax and integrated tax and declared in FORM GSTR-3B . ; (ii) for sub-rule (2) the following sub-rules shall be substituted, namely:- (2) In case of supply of services covered by clause (b) of paragraph 5 of schedule II of the Act, the amount of common credit attributable towards exempted supplies (Te final ) shall be calculated finally 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, for each project separately, 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, as under: Te final = [(E1 + E2 + E3) /F] x Tc final , Where,- E1= aggregate carpet area of the apartments, construction of which is exempt from tax E2= aggregate carpet area of the apartments, supply of which is partly exempt and partly taxabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny capital goods are used for more than one project, input tax credit with respect to such capital goods shall be assigned to each project on a reasonable basis and credit reversal pertaining to each project shall be carried out as per sub-rule (2). (5) Where any capital goods used for the project have their useful life remaining on the completion of the project, input tax credit attributable to the remaining life shall be availed in the project in which the capital goods is further used; ; (iii) the Explanation shall be numbered as Explanation 1 thereof and after Explanation 1 as so numbered, the following Explanation shall be inserted, namely:- Explanation 2: For the purposes of rule 42 and this rule,- (i) the term apartment shall have the same meaning as assigned to it in clause (e) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016); (ii) the term project shall mean a real estate project or a residential real estate project; (iii) the term Real Estate Project (REP) shall have the same meaning as assigned to it in in clause (zn) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... project shall have the same meaning as assigned to it in notification No. 11/2017- State Tax (Rate), dated the 30th June, 2017, published vide number EXN-F(10)-14/2017-Loose dated 30-06-2017, as amended;; (xiii) The term project which commences on or after 1st April, 2019 shall have the same meaning as assigned to it in notification No. 11/2017- State Tax (Rate), dated the 30th June, 2017, published vide number EXN-F(10)-14/2017-Loose dated 30-06-2017, as amended; . 5. In the said rules, after rule 88, the following rule shall be inserted, namely: - 88A. Order of utilization of input tax credit.- Input tax credit on account of integrated tax shall first be utilised towards payment of integrated tax, and the amount remaining, if any, may be utilised towards the payment of Central tax and State tax or Union territory tax, as the case may be, in any order: Provided that the input tax credit on account of Central tax, State tax or Union territory tax shall be utilised towards payment of integrated tax, Central tax, State tax or Union territory tax, as the case may be, only after the input tax credit availa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of sub-section (5) of section 73 or, as the case may be, tax, interest and penalty in accordance with the provisions of sub-section (5) of section 74,or where any person makes payment of tax, interest, penalty or any other amount due in accordance with the provisions of the Act he shall inform the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an acknowledgement, accepting the payment made by the said person in FORM GST DRC 04. (3) Where the person chargeable with tax makes payment of tax and interest under subsection (8) of section 73 or, as the case may be, tax, interest and penalty under sub-section (8) of section 74 within thirty days of the service of a notice under sub-rule (1), or where the person concerned makes payment of the amount referred to in sub-section (1) of section 129 within fourteen days of detention or seizure of the goods and conveyance, he shall intimate the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an order in FORM GST DRC-05 concluding the proceedings in respect of the said notice. (4) The representation referred to in sub-section ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Penalty Others Total From To 1 2 3 4 5 6 7 8 9 10 11 12 Total Signature Name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 10. In the said rules, for FORM GST DRC-07, the following FORM shall be substituted, namely: FORM GST DRC-07 [See rule 100(1), 100(2), 100(3) 142(5)] Summary of the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst you to recover the outstanding dues. Signature Name Designation Address To _______________ (GSTIN/ID) --------------------------Name _______________ (Address ) Note 1. Only applicable fields may be filled up. 2. Column nos. 2, 3, 4 and 5 of the Table at serial no. 5 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 11. In the said rules, for FORM GST DRC-08 , the following FORM shall be substituted, namely: FORM GST DRC - 08 [See rule 142(7)] Reference No.: Date: Summary of Rectification /Withdrawal Order 1. Particulars of order: (a) Financial year, if applicable (b) Tax period, if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11 12 Total You are hereby directed to make the payment by failing which proceedings shall be initiated against you to recover the outstanding dues. Signature Name Designation Jurisdiction Address To _______________ (GSTIN/ID) _______________ Name _______________ (Address ) Note 1. Only applicable fields may be filled up. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... From To 1 2 3 4 5 6 7 8 9 10 11 12 Total Please note that interest has been calculated up to the date of passing the order. While making payment, interest for the period between the date of or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is as under: Introduction : Submissions, if any : Conclusion (to drop proceedings or to create demand) : Amount assessed and payable : (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I proceed to assess the tax due on such goods as under: Introduction : Discussion finding : Conclusion : Amount assessed and payable (details at Annexure) : (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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