Summary of Recent GST Statutory Updates

1. Effective date of certain amendments made by Finance Act, 2021

By virtue of Notification No. 39/2021-Central Tax, dt. 21-12-2021, the amendments made by the Finance Act, 2021 in the following provisions of the Central Goods and Services Tax Act, 2017 shall come into force w.e.f. 1-1-2022, namely;

Section 7 - Scope of supply

Section 16 - Elgibility and conditions for taking input tax credit

Section 74 - Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful-misstatement or suppression of facts

Section 75 - General provisions relating to determination of tax

Section 83 - Provisional attachment to protect revenue in certain cases

Section 107 - Appeals to Appellate Authority

Section 129 - Detention, seizure and release of goods and conveyances in transit

Section 130 - Confiscation of goods or conveyances and levy of penalty

Section 151- Power to call for information

Section 152 - Bar on disclosure of information

Section 168 - Power to issue instructions or directions

Schedule II - Activities or transactions to be Treated as Supply of Goods or Supply of Services

2. Effective date of certain amendments made by CGST (Eighth Amendment) Rules, 2021

By virtue of Notification No. 38/2021-Central Tax, dt. 21-12-2021, the amendments made by the CGST (Eighth Amendment) Rules, 2021 in the following rules of the Central Goods and Services Tax Rules, 2017 shall come into force w.e.f. 1-1-2022, namely;

Rule 10B - Aadhar authentication for registered person

As per new rule 10B, all registered person (other than those notified under sub-section (6D) of section 25) are required to undergo authentication of 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 following purposes, namely;

1. For filing of application for revocation of cancellation of registration in FORM GST REG-21 under Rule 23

2. For filing of refund application in FORM RFD-01 under rule 89

3. For refund under rule 96 of the integrated tax paid on goods

Rule 23 - Revocation of cancellation of registration

Rule 89 - Application for refund of tax, interest, penalty, fees, etc.

Rule 96 - Refund of integrated tax paid on goods or services exported out of India