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BUDGET – 2021-22 – SUMMARY OF AMENDMENTS IN GOODS AND SERVICES TAX ACT, 2017

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BUDGET – 2021-22 – SUMMARY OF AMENDMENTS IN GOODS AND SERVICES TAX ACT, 2017

BUDGET – 2021-22 – SUMMARY OF AMENDMENTS IN GOODS AND SERVICES TAX ACT, 2017
SUMMARY OF AMENDMENTS IN CENTRAL GOODS AND SERVICES TAX ACT, 2017
Our Comments/Views Earlier/Old Provision Amendment/New Provision
Amendment of Section 7 – Relevant Clause 99 of Finance Bill
The said insertion ensure levy
of tax on activities or
transactions involving supply
of goods or services by any person, other than individual, to its members or constituents or vice-versa, for cash,defeered payment or other valuable consideration.
(1) For the purposes of this Act, the expression “supply” includes–
(a) all forms of supply of goods or services or both such as sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business;
The scope of supply is widen by inserting, retrospectively w.e.f. 01.07.2017 a new clause (aa) after clause (a) in the section. For your ready reference the same is reproduced as under:

“(aa) the activities or transactions, by a person, other than an individual, to its members or constituents or vice-versa, for cash, deferred payment or other valuable
consideration.

Amendment of Section 16 – Relevant Clause 100 of Finance Bill
The new clause is inserted to provide input tax credit on invoice or debit note, may be availed only when the details of such invoice or debit note
have been furnished by the
supplier in the statement of
outward supplies and such details have been communicated to the recipient of such invoice or debit note.
(2) Notwithstanding anything contained in this section, no registered person shall be entitled to the credit of any input tax in respect of any supply of goods or services or both to him unless,-

(a) he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other tax paying documents as may be prescribed;

A new condition/clause (aa) after clause (a) in sub-section (2) of the section is inserted. For your ready reference the same is reproduced as under:

“(aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37;”

Amendment of Section 35 – Relevant Clause 101 of Finance Bill
By omitting the relevant
sub-section the mandatory
requirement of getting
annual accounts audited
and reconciliation statement submitted by specified professional is done away.
(5) Every registered person whose turnover during a financial year exceeds the prescribed limit shall get his accounts audited by a chartered accountant or a cost accountant and shall submit a copy of the audited annual accounts, the reconciliation statement under sub-section (2) of section 44 and such
other documents in such form and manner as may be prescribed.
Sub-section 5 of section 35 has been omitted.
Amendment of Section 44 -Relevant Clause 102 of Finance Bill
The newly substituted section
remove the mandatory requirement of furnishing a reconciliation statement duly audited by the specified professional and to provide for filing of the annual return on self-certification basis. It also provides for the commissioner to exempt a class of taxpayers from the requirement of filing the annual return.
(1) Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year.

(2) Every registered person who is required to get his accounts audited in accordance with the provisions of sub-section (5) of section 35 shall furnish, electronically, the annual return under sub-section (1) along with a copy of the audited annual accounts and a reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year with the audited annual financial statement, and such other particulars as may be prescribed.

[Explanation. – For the purpose of this section, it is hereby declared that the annual return for the period from the 1st July, 2017 to the 31st March, 2018 shall be furnished on or before the 31st march 2019.]

Whole Section 44 has been substituted. For your
ready reference the same is reproduce as under:“44. Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person shall furnish an annual return which may include a self certified reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year, with the audited annual financial statement for every financial year electronically, within such time and in such form and in such manner as may be prescribed:Provided that the Commissioner may, on the
recommendations of the Council, by notification, exempt any class of registered persons from filing annual return under this section:Provided further that nothing contained in this section shall apply to any department of the Central Government or a State Government or a local authority, whose books of account are subject to audit by the Comptroller and Auditor General of India or an auditor appointed for auditing the
accounts of local authorities under any law for the time being in force.”.
Amendment of Section 50 – Relevant Clause 103 of Finance Bill
The said section is amended to
substitute the proviso to
sub-section (1) so as to charge interest on net cash liability.
Only the relevant proviso to sub-section (1) is reproduced as under:

Provided that the interest on tax payable in respect of supplies made during a tax period and declared in the return for the said period furnished after the due date in accordance with the provisions of section 39, except where such return is furnished after commencement of any proceedings under section 73 or section 74 in respect of the said period, shall be levied on that portion of the tax that is paid by debiting the electronic cash ledger.

The newly substituted proviso is reproduced as under:

“Provided that the interest on tax payable in respect of supplies made during a tax period and declared in the return for the said period furnished after the due date in accordance with the provisions of section 39, except where such return is furnished after commencement of any proceedings under section 73 or section 74 in respect of the said period, shall be payable on that portion of the tax which is paid by debiting the electronic cash ledger.”.

Amendment of Section 74 – Relevant Clause 104 of Finance Bill
The said explanation is amended
so as to make seizure and
confiscation of goods and
conveyances in transit a
separate proceedings from
recovery of tax.
Explanation 1.—For the purposes of section 73 and this section,—

(ii) where the notice under the same proceedings is issued to the main person liable to pay tax and some other persons, and such proceedings against the main person have been concluded under section 73 or section 74, the proceedings against all the persons liable to pay penalty under sections 122, 125, 129 and 130 are deemed to be concluded.

The amended Clause (ii) of explanation 1 is
reproduced as under:(ii) where the notice under the same proceedings is issued to the main person liable to pay tax and some other persons, and such proceedings against the main person have been concluded under section 73 or section 74, the proceedings against all the persons liable to pay penalty under sections 122 and 125 are deemed to be concluded.
Amendment of Section 75 – Relevant Clause 105 of Finance Bill
The said explanation is inserted
to clarify that “self-assessed tax”
shall include the tax payable
in respect of outward supplies,
the details of which have been
furnished under section 37,
but not included in the return
furnished under section 39
(12) Notwithstanding anything contained in section 73 or section 74, where any amount of self-assessed tax in accordance with a return
furnished under section 39 remains unpaid, either wholly or partly, or any amount of interest payable on such tax remains unpaid, the same shall be
recovered under the provisions of section 79.
After sub-section (12) the explanation is inserted.
The said explanation is reproduced as under: ‘Explanation.––For the purposes of this sub-section, the expression “self-assessed tax” shall include the tax payable in respect of details of outward supplies furnished under section 37, but not included in the return furnished under section 39.’.
Amendment of Section 83 – Relevant Clause 106 of Finance Bill
The amendment is done to
provide provisional attachment shall remain valid for the entire period starting from the initiation of any proceeding under Chapter XII, Chapter XIV or Chapter XV till the expiry of a period of one year from the date of order made thereunder.
 (1) Where during the pendency of any proceedings under section 62 or section 63 or section 64 or section 67 or section 73 or section 74, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue, it is necessary so to do, he may, by order in writing attach provisionally any property, including bank account, belonging to the taxable person in such manner as may be prescribed. The newly substituted sub-section is reproduced as under:

“(1) Where, after the initiation of any proceeding
under Chapter XII, Chapter XIV or Chapter XV, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue it is necessary so to do, he may, by order in writing, attach provisionally, any property, including bank account, belonging to the taxable person or any person specified in sub-section (1A) of section 122, in such manner as may be prescribed.”.

Amendment of Section 107 – Relevant Clause 107 of Finance Bill
The proviso is inserted to
provide that no appeal shall be filed against any order made under section 129(3), unless a sum equal to 25 percent of penalty has been paid by the appellant
(6) No appeal shall be filed under sub-section (1), unless the appellant has paid—
(a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him; and
(b) a sum equal to ten per cent. of the remaining amount of tax in dispute arising from the said order, [subject to a maximum of twenty-five crore rupees], in relation to which the appeal has been filed.
After sub-section (6) a proviso is inserted which is reproduced below:

“Provided that no appeal shall be filed against an order under sub-section (3) of section 129, unless a sum equal to twenty-five per cent. of the penalty has been paid by the appellant.

Amendment of Section 129 – Relevant Clause 108 of Finance Bill
The said amendment is done to delink the proceedings relating to detention, seizure and release of goods and conveyances in transit from proceeding under Section 130.  (1) Notwithstanding anything contained in this Act, where any person transports any goods or stores any goods while they are in transit in contravention of the provisions of this Act or the rules made thereunder, all such goods and conveyance used as a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to detention or seizure and after detention or seizure, shall be released,––

(a) on payment of the applicable tax and penalty equal to one hundred per cent. of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to two per cent. of the value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods comes forward for payment of such tax and penalty;

(b) on payment of the applicable tax and penalty equal to the fifty per cent. of the value of the goods reduced by the tax amount paid thereon and, in case of exempted goods, on payment of an amount equal to five per cent. of the value of goods or twenty five thousand rupees, whichever is less, where the owner of the goods does not come forward for payment of such tax and penalty;
(c) upon furnishing a security equivalent to the amount payable under clause (a) or clause (b) in such form and manner as may be prescribed:
Provided that no such goods or conveyance shall be detained or seized without serving an order of detention or seizure on the person transporting the goods.
(2) The provisions of sub-section (6) of section 67 shall, mutatis mutandis, apply for detention and seizure of goods and conveyances.
(3) The proper officer detaining or seizing goods or conveyances shall issue a notice specifying the tax and penalty payable and thereafter, pass an order for payment of tax and penalty under clause (a) or clause (b) or clause (c).
(4) No tax, interest or penalty shall be determined under sub-section (3) without giving the person concerned an opportunity of being heard.
(5) On payment of amount referred in sub-section (1), all proceedings in respect of the notice specified in sub-section (3) shall be deemed to be concluded.
(6) Where the person transporting any goods or the owner of the goods fails to pay the amount of tax and penalty as provided in sub-section (1) within [fourteen days] of such detention or seizure, further proceedings shall be initiated in accordance with the provisions of section 130:
Provided that where the detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the said period of  [fourteen  days] may be reduced by the proper officer.

In Sub-Section 1, for the Clauses(a) and (b) following is substituted:

“(a) on payment of penalty equal to two hundred percent. of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to two per cent. of the value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods comes forward for payment of such penalty;

(b) on payment of penalty equal to fifty per cent. of the value of the goods or two hundred per cent. of the tax payable on such goods, whichever is higher, and in case of exempted goods, on payment of an amount equal to five per cent. of the value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods does not come forward for payment of such penalty;

(ii) sub-section (2) shall be omitted;

(iii) for sub-section (3), the following sub-section shall be substituted, namely:––

“(3) The proper officer detaining or seizing goods or conveyance shall issue a notice within seven days of such detention or seizure, specifying the penalty payable, and thereafter, pass an order within a period of seven days from the date of service of such notice, for payment of penalty under clause (a) or clause (b) of sub-section (1).”;

(iv) in sub-section (4), for the words “No tax, interest or penalty”, the words “No penalty” shall be substituted;

(v) for sub-section (6), the following sub-section shall be substituted, namely:––

“(6) Where the person transporting any goods or the owner of such goods fails to pay the amount of penalty under sub-section (1) within fifteen days from the date of receipt of the copy of the order passed under sub-section (3), the goods or conveyance so detained or seized shall be liable to
be sold or disposed of otherwise, in such manner and within such time as may be prescribed, to recover the penalty payable under sub-section (3):
Provided that the conveyance shall be released on payment by the transporter of penalty under sub-section (3) or one lakh rupees, whichever is less:
Provided further that where the detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the said period of fifteen days may be reduced by the proper officer.”.

Amendment of Section 130 – Relevant Clause 109 of the Finance Bill
The said amendment is done
to delink the proceedings under section relating to confiscation of goods or conveyances and levy of penalty from the proceedings under section 129.
 (1) Notwithstanding anything contained in this Act, if any person— …………………………. In Sub-section (1) the words”
Notwithstanding anything contained in this Act, if” the word “Where” is substituted.
Amendment of Section 151 – Relevant Clause 110 of Finance Bill
The said section is substituted
to empower the jurisdictional commissioner to call for the information from any person
 (1) The Commissioner may, if he considers that it is necessary so to do, by notification, direct that statistics may be collected relating to any matter dealt with by or in connection with this Act.

(2) Upon such notification being issued, the Commissioner, or any person authorized by him in this behalf, may call upon the concerned persons to furnish such information or returns, in such form and manner as may be prescribed, relating to any matter in respect of which statistics is to be collected .

The newly substituted section is reproduces as under for your ready reference:

“151. The Commissioner or an officer authorized by him may, by an order, direct any person to furnish information relating to any matter dealt with in connection with this Act, within such time, in such form, and in such manner, as may be specified therein.”.

Amendment of Section 152 – Relevant Clause 111 of Finance Bill
The said section has been amended to provide that no information obtained under section 150 and 151 shall be used for the purposes of any proceedings under the Act without giving opportunity of being heard to the concerned person.
Amendment of Section 168 – Relevant Clause 112  of Finance Bill
The said section is amended enable the jurisdictional commissioner to exercise powers under section 151 to call for information
Amendment to Schedule II – Relevant Clause 113 of Finance Bill
Consequent amendment in Section 7 of the Act paragraph 7 of Schedule II to the Act has been omitted retrospectively w.e.f. 01.07.2017
SUMMARY OF AMENDMENTS IN INTEGRATED GOODS AND SERVICES TAX ACT, 2017
Our Comments/Views Earlier/Old Provision Amendment/New Provision
Amendment of Section 16 – Relevant Clause 114 of Finance Bill
The said section is amended so as to
a)zero rate the supply of goods or services to a Special Economic Zone Developer or a Special Economic Zone Unit only when the said supply is authorized operations
b) Restrict the zero rated supply on payment of integrated tax only to a notified class of taxpayers or notified supplies of goods or services
c)Link the foreign exchange remittance in case of export of goods with refund.
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