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ITC limit under rule sec 36(4) revised to 5 percent from 10 percent

Posted on 24 December 2020

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The Central Board of Indirect Taxes and Customs has released the Central Goods and Services Tax (Fourteenth Amendment) Rules, 2020, thereby making amendments in Rule 36(4) wherein, the limit has been revised to 5% instead of the earlier 10%. In addition to this, mandatory payment has been revised to 1% from the cash ledger if the taxable supply exceeds 50 lac. Read the official notification below:

NOTIFICATION
New Delhi, the 22nd December, 2020
No. 94/2020-Central Tax

G.S.R. 786(E).—In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:—

1. Short title and commencement. -

(1) These rules may be called the Central Goods and Services Tax (Fourteenth Amendment) Rules, 2020.
(2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette.

2. In the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), in rule 8, for sub-rule (4A), with effect from a date to be notified, the following sub-rule shall be substituted, namely: -

(4A)Every application made under rule (4) shall be followed by -

(a) biometric-based Aadhaar authentication and taking photograph, unless exempted under subsection (6D) of section 25, if he has opted for authentication of Aadhaar number; or
(b) taking biometric information, photograph and verification of such other KYC documents, as notified, unless the applicant is exempted under sub-section (6D) of section 25, if he has opted not to get Aadhaar authentication done, of the applicant where the applicant is an individual or of such individuals in relation to the applicant as notified under sub-section (6C) of section 25 where the applicant is not an individual, along with the verification of the original copy of the documents uploaded with the application in FORM GST REG-01 at one of the Facilitation Centres notified by the Commissioner for the purpose of this sub-rule and the application shall be deemed to be complete only after completion of the process laid down under this subrule.".

3. In the said rules, in rule 9,-

(a) in sub-rule (1), -
(i) after the words "applicant within a period of", for the word "three", the word "seven" shall be substituted;
(ii) for the proviso, the following proviso shall be substituted, namely: -

Provided that where-

(a) a person, other than a person notified under sub-section (6D) of section 25, fails to undergo authentication of Aadhaar number as specified in sub-rule (4A) of rule 8 or does not opt for authentication of Aadhaar number; or

(b) the proper officer, with the approval of an officer authorised by the Commissioner not below the rank of Assistant Commissioner, deems it fit to carry out physical verification of places of business, the registration shall be granted within thirty days of submission of application, after physical verification of the place of business in the presence of the said person, in the manner provided under rule 25 and verification of such documents as the proper officer may deem fit.";

(b) in sub-rule (2), -
(i) for the word "three", the word "seven" shall be substituted;
(ii)for the proviso, the following proviso shall be substituted, namely: -

(a) a person, other than a person notified under sub-section (6D) of section 25, fails to undergo authentication of Aadhaar number as specified in sub-rule (4A) of rule 8 or does not opt for authentication of Aadhaar number; or

(b) the proper officer, with the approval of an officer authorised by the Commissioner not below the rank of Assistant Commissioner, deems it fit to carry out physical verification of places of business, the notice in FORM GST REG-03 may be issued not later than thirty days from the date of submission of the application.

To read more in details, find the enclosed attachment

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Attached File : 40_19020_223874.pdf

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