On September 24, 2021, the Central Government on the recommendations of the Council, makes the Central Goods and Services Tax (Eighth Amendment) Rules, 2021 to amend the Central Goods and Services Tax Rules, 2017.
Key Amendments:
- In the Rule 10 A relating to Furnishing of Bank Account Details of Central Goods and Services Tax Rules, 2017
(a) after the words ―details of bank account, the words ―which is in name of the registered person and obtained on Permanent Account Number of the registered person‖ shall be inserted;
After a certificate of registration in FORM GST REG-06 has been made available on the common portal and a Goods and Services Tax Identification Number has been assigned, the registered person, except those who have been granted registration under Rule 12 or, as the case may be Rule 16, shall as soon as may be, but not later than forty five days from the date of grant of registration or the date on which the return required under Section 39 is due to be furnished, whichever is earlier, furnish information with respect to details of bank account which is in name of the registered person and obtained on Permanent Account Number of the registered person, or any other information, as may be required on the common portal in order to comply with any other provision.
(b) the following proviso shall be inserted, namely:–
Provided that in case of a proprietorship concern, the Permanent Account Number of the proprietor shall also be linked with the Aadhaar number of the proprietor;
- Rule 10B shall be inserted:
10B. Aadhaar authentication for registered person .— The registered person, other than a person notified under sub–section (6D) of section 25, who has been issued a certificate of registration under rule 10 shall, undergo authentication of the Aadhaar number of the proprietor, in the case of proprietorship firm, or of any partner, in the case of a partnership firm, or of the karta, in the case of a Hindu undivided family, or of the Managing Director or any whole time Director, in the case of a company, or of any of the Members of the Managing Committee of an Association of persons or body of individuals or a Society, or of the Trustee in the Board of Trustees, in the case of a Trust and of the authorized signatory, in order to be eligible for the purposes as specified in column (2) of the Table.
- In rule 45 of the said rules relating to Conditions and restrictions in respect of inputs and capital goods sent to the job worker, in sub–rule (3), with effect from the 1st day of October, 2021,
(i) for the words ―during a quarter, the words ―during a specified period shall be substituted;
(ii) for the words ―the said quarter, the words ―the said period shall be substituted;
(iii) after the proviso, the following explanation shall be inserted, namely: –
―Explanation. – For the purposes of this sub–rule, the expression ―specified period‖ shall mean–
(a) the period of six consecutive months commencing on the 1st day of April and the 1st day of October in respect of a principal whose aggregate turnover during the immediately preceding financial year exceeds five crore rupees; and
(b) a financial year in any other case.
- In rule 89 of the said rules relating to Application for refund of tax, interest, penalty, fees or any other amount:
(i) after sub–rule (1), the following sub–rule shall be inserted, namely:–
(1A) Any person, claiming refund under section 77 of the Act of any tax paid by him, in respect of a transaction considered by him to be an intra–State supply, which is subsequently held to be an inter–State supply, may, before the expiry of a period of two years from the date of payment of the tax on the inter–State supply, file an application electronically in FORM GST RFD–01 through the common portal, either directly or through a Facilitation Centre notified by the Commissioner: Provided that the said application may, as regard to any payment of tax on inter–State
supply before coming into force of this sub–rule, be filed before the expiry of a period of two years from the date on which this sub–rule comes into force.
- Following rule shall be inserted:
96C. Bank Account for credit of refund.– For the purposes of sub–rule (3) of rule 91, sub–rule (4) of rule 92 and rule 94, bank account shall mean such bank account of the applicant which is in the name of applicant and obtained on his Permanent Account Number:
Provided that in case of a proprietorship concern, the Permanent Account Number of the proprietor shall also be linked with the Aadhaar number of the proprietor.
