CA Certificates Formats under GST Law
The ICAI has issued a set of various draft ‘ Certificates under GST Law (SGST/ CGST Acts)‘, with a list of checkpoints to be reviewed by Chartered Accountants before issuing the respective certificates, as listed here-under:
CA is Required to issue various Certificates under GST Law
i) Certificate under the State Goods and Services Tax Act, 2017 (in short “SGST Act”) and the Central Goods and Services Tax Act, 2017 (in short “CGST Act”) in terms of
a) Section 18(1)(a);This certificate is to be issued in respect of a person who seeks fresh registration under section 22 or section 24 of the CGST / SGST Acts, 2017.[ CA Certificate Formats u/s 18(1)(a) of CGST Act/SGST Act]
b) Section 18(1)(b); This certificate is required to be issued only if the aggregate value of the claim on account of SGST / CGST / UTGST and IGST exceeds rupees two lakhs (Rule 40 (1)(d) of the CGST / SGST Rules, 2017) [CA Certificate Formats u/s 18(1)(b) of CGST Act/SGST Act ]
c) Section 18(1)(c);This certificate is required to be issued only if the aggregate value of the claim on account of SGST / CGST / UTGST and IGST exceeds rupees two lakhs (Rule 40 (1)(d) of the CGST / SGST Rules, 2017) [ CA Certificate Formats u/s 18(1)(c) of CGST Act/SGST Act ]
d) Section 18(1)(d); This certificate is required to be issued only if the aggregate value of the claim on account of SGST / CGST / UTGST and IGST exceeds rupees two lakhs (Rule 40 (1)(d) of the CGST / SGST Rules, 2017) [CA Certificate Formats u/s 18(1)(d) of CGST Act/SGST Act ]
e) Section 18(3);This certificate is to be issued in respect of a person who has sold / merged / de-merged / amalgamated / leased / transferred its business with a specific provision for the transfer of liabilities [CA Certificate Formats u/s 18(3) of CGST Act/SGST Act ]
f) Section 54; This certificate is required to be issued only if the aggregate value of the refund claim exceeds rupees two lakhs (Rule 40 (1)(d) of the CGST / SGST Rules, 2017) [CA Certificate Formats u/s 54 of CGST Act/SGST Act ]
g) Section 29(5);This certificate is to be issued in respect of a person whose registration has been cancelled under Section 29 of the CGST / SGST Acts, 2017. [CA Certificate Formats u/s 29(5) of CGST Act/SGST Act ]
h) Section 18(4)– Registered person who opts to pay tax under section 10 (Composition Scheme ); This certificate is to be issued in respect of a person who ceases to pay tax under section 9 of the CGST / SGST Acts, 2017 and opts to pay tax under section 10 of the CGST / SGST Acts, 2017 [CA Certificate Formats u/s 18(4) opted to pay u/s 10 of CGST Act/SGST Act ]
i) Section 18(4)– Become Wholly Exempt; [CA Certificate Formats u/s 18(4) of CGST Act/SGST Act (Wholly Exempt ) ]
of the said Acts.
ii) Certificate under Notification dated 5th October, 2017 issued by Department of Industrial Policy and Promotion read with circular number 1060/9/2017-CX dated 27th November, 2017 issued by Central Board of Excise and Customs (Eligible unit has not received any inputs from another business premises) [CA Certificate Formats – Eligible unit not received any inputs from another business premises ]
iii) Certificate under Notification dated 5th October, 2017 issued by Department of Industrial Policy and Promotion read with circular number 1060/9/2017-CX dated 27th November, 2017 issued by Central Board of Excise and Customs (Eligible unit received any inputs from another business premises) [CA Certificate Formats : Eligible unit received any inputs from another business premises ]