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Through Notification No. 15 /2021- CT dt.18th May 2021, Central Government, hereby makes the following rules further to amend the CGST Rules, 2017, on the recommendations of the Council:

  • These rules are called the CGST (Fourth Amendment) Rules, 2021 and shall come into force on the date of their publication in the Official Gazette.
  • In Rule 23(1), after the words 'date of the service of the order of cancellation of registration', the words and figures 'or within such time period as extended by the Additional Commissioner or the Joint Commissioner or the Commissioner, as the case may be, in exercise of the powers provided under the proviso to sub-section (1) of section 30,' shall be inserted;
  • In Rule-90(3) following proviso shall be inserted -

'Provided that the time period, from the date of filing of the refund claim in FORM GST RFD-01till the date of communication of the deficiencies in FORM GST RFD-03 by the proper officer, shall be excluded from the period of two years as specified under sub-section (1) of Section 54, in respect of any such fresh refund claim filed by the applicant after rectification of the deficiencies.";

Changes in CGST Rules 2017

In Rule-90 after sub-rule (4), the following sub-rules (5) and (6) shall be inserted 

'(5) The applicant may, at any time before issuance of provisional refund sanction order in FORM GST RFD-04 or final refund sanction order in FORM GST RFD-06or payment order in FORM GST RFD-05 or refund withhold order in FORM GST RFD-07or notice in FORM GST RFD-08,in respect of any refund application filed in FORM GST RFD-01, withdraw the said application for refund by filing an application in FORM GST RFD-01W.

(6) On submission of application for withdrawal of refund in FORM GST RFD-01W, any amount debited by the applicant from electronic credit ledger or electronic cash ledger, as the case may be, while filing application for refund in FORM GST RFD-01, shall be credited back to the ledger from which such debit was made.';

 

In Rule 92

(a) in sub-rule (1), the proviso shall be omitted;

(b) in sub-rule (2), -

(i) for the word and letter 'Part B', the word and letter 'Part A' shall be substituted;

(ii) the following proviso shall be inserted, namely: -

'Provided that where the proper officer or the Commissioner is satisfied that the refund is no longer liable to be withheld, he may pass an order for release of withheld refund in Part B of FORM GST RFD-07.';

In Rule-96

(a) in sub-rule (6), for the word and letter 'Part B', the word and letter 'Part A' shall be substituted;

(b) in sub-rule (7), for the words, letters and figures, 'after passing an order in FORM GST RFD-06', the words, letters and figures, 'by passing an order in FORM GST RFD-06 after passing an order for release of withheld refund in Part B of FORM GST RFD-07' shall be substituted;

In FORM GST REG-21, under the sub-heading 'Instructions for submission of application for revocation of cancellation of registration',

 

In the first bullet point 'after the words 'date of service of the order of cancellation of registration', the words and figures 'or within such time period as extended by the Additional Commissioner or the Joint Commissioner or Commissioner, as the case may be, in exercise of the powers provided under proviso to sub-section (1) of section 30,' shall be inserted;

  • In Rule-138E, for the words 'in respect of a registered person, whether as a supplier or a recipient, who, - ' the words „ ‟in respect of any outward movement of goods of a registered person, who, - ' shall be substituted.
  • FORM GST RFD-07 shall be substituted with new format.
  • After FORM GST RFD-01 B, the FORM GST RFD-01 W shall be inserted

Disclaimer: The contents of this article are solely for informational purpose. It does not constitute professional advice or a formal recommendation. No part of this article should be distributed or copied without express written permission of the author.


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Category GST, Other Articles by - Kusum Gandhi 



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