NOTIFICATION NO.FTX.90/2016/73 Assam GST DATED 8-8-2017

By | August 8, 2017
(Last Updated On: May 1, 2018)

ASSAM GOODS AND SERVICES TAX (FOURTH AMENDMENT) RULES, 2017 – AMENDMENT IN RULES 24, 46, 61, 83, 89, FORM GST TRAN-1 & FORM GST TRAN-2 AND SUBSTITUTION OF RULE 34

NOTIFICATION NO.FTX.90/2016/73DATED 8-8-2017

In exercise of the powers conferred by section 164 of the Assam Goods and Services Tax Act, 2017 (Assam Act XXVIII of 2017), the Governor of Assam, is hereby pleased to make the following rules further to amend the Assam Goods and Services Tax Rules, 2017, hereinafter referred to as the principal Rules, namely:—

Short title and commencement

1. (1) These rules may be called the Assam Goods and Services Tax (Fourth Amendment) Rules, 2017.

(2) Save as otherwise provided, they shall come into force on the date of their publication in the Official Gazette.

Amendment of rule 24

2. In the principal Rules, 2017, with effect from 22nd July, 2017 in rule-24, in sub-rule (4), for the words “within a period of thirty days from the appointed day”, the words and figures “on or before 30th September, 2017” shall be substituted;

Substitution of rule 34

3. In the principal Rules, with effect from 22nd July, 2017 in rule 34, for the existing provision, the following shall be substituted, namely:—

“34. Rate of exchange of currency, other than Indian rupees, for determination of value.—(1) The rate of exchange for determination of value of taxable goods shall be the applicable rate of exchange as notified by the Board under section 14 of the Customs Act, 1962 (Act No.52 of 1962) for the date of time of supply of such goods in terms of section 12 , of the Act.

(2) The rate of exchange for determination of value of taxable services shall be the applicable rate of exchange determined as per the generally accepted accounting principles for the date of time of supply of such services in terms of section 13 of the Act.”;

Amendment of rule 46

4. In the principal Rules, with effect from 22nd July, 2017 in rule 46, for the third proviso, the following proviso shall be substituted, namely:—

“Provided also that in the case of the export of goods or services, the invoice shall carry an endorsement “SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS ON PAYMENT OF INTEGRATED TAX” or “SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS UNDER BOND OR LETTER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX”, as the case may be, and shall, in lieu of the details specified in clause (e), contain the following details, namely,—

(i)name and address of the recipient;
(ii)address of delivery; and
(iii)name of the country of destination:”.

Amendment of rule 61

5. In the principal Rules, with effect from 1st July, 2017 in rule 61, in sub-rule (5), for the existing provisions the following shall be substituted, namely:—

“(5) Where the time limit for furnishing of details in FORM GSTR-1 under section 37 and in FORM GSTR-2 under section 38 has been extended and the circumstances so warrant, the Commissioner may, by notification, specify that return shall be furnished in FORM GSTR-3B electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner.

(6) Where a return in FORM GSTR-3B has been furnished, after the due date for furnishing of details in FORM GSTR-2—

(a)Part- A of the return in FORM GSTR-3 shall be electronically generated on the basis of information furnished through FORM GSTR- 1, FORM GSTR-2 and based on other liabilities of preceding tax periods and PART B of the said return shall be electronically generated on the basis of the return in FORM GSTR-3B furnished in respect of the tax period;
(b)the registered person shall modify Part B of the return in FORM GSTR-3 based on the discrepancies, if any, between the return in FORM GSTR-3B and the return in FORM GSTR-3 and discharge his tax and other liabilities, if any;
(c)where the amount of input tax credit in FORM GSTR-3 exceeds the amount of input tax credit in terms of FORM GSTR-3B, the additional amount shall be credited to the electronic credit ledger of the registered person.”;

Amendment of rule 83

6. In the principal Rules, with effect from 1st July 2017, in rule 83, in sub-rule (3), in the second proviso, for the word “sub-section”, the word “sub-rule” shall be substituted.

Amendment of rule 89

7. In the principal Rules, with effect from 1st July 2017, in rule 89, in sub-rule (4), in clause (E), for the word “sub-section”, the word “clause” shall be substituted.

Amendment in Form GST TRAN-1

8. In the principal Rules, with effect from 1st July 2017, in Form GST TRAN-1, in Sl. No. 7, in Table (a), for the heading of column (2), the heading “HSN as applicable” shall be substituted.

Amendment in Form GST TRAN-2

9. In the principal Rules, with effect from 1st July 2017, in FORM GST TRAN-2, in Sl. No. 4 and 5, in the Table, for the heading of column (1), the heading “HSN as applicable” shall substituted.

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