1. CGST Act Amendments

a. The definition of “Union territory” has been amended to update the definition of “Union territory” to include U.T. of Ladakh and newly merged U.T. of Dadra and Nagar Haveli and Daman and Diu.

b. Section 10 has been amended, to exclude certain categories of taxable persons from the ambit of the Composition Scheme, who are engaged in exempted or inter- state supply of services or supply of services through an E-Commerce Operator.

c. Due date for claiming ITC on Debit Note as per Section 16(4) is no more linked to date of its original invoice, and now date of debit note is to be seen for claiming ITC.

d. Section 29(1)(c) has been amended to provide for cancellation of registration which has been obtained voluntarily under section 25(3)

e. Section 30(1) Proviso is being substituted to provide for additional 30 days for filing application for revocation of Cancellation of Registration, in deserving cases by Additional Commissioner or Joint Commissioner and another 30 days by Commissioner.

f. Section 31 is has been to provide enabling provision to prescribe the manner of issuance of Tax invoices in case of services or supplies.

g. Section 51 has been amended to provide for issuance of TDS Certificate in a prescribed form and in a prescribed manner. The Provision for late fees has been deleted.

h. Section 109 has been amended to bring the provision for Appellate Tribunal under the CGST Act in the Union Territory of Jammu and Kashmir and Ladakh.

i. Section 122 has been amended by inserting a new sub-section to make the beneficiary of the transactions of passing on or availing fraudulent Input Tax Credit liable for penalty similar to the penalty leviable on the person who commits such specified offences.

j. Section 132 has been amended to make the offence of fraudulent availment of input tax credit without an invoice or bill a cognizable and non-bailable offence; and to make any person who commits, or causes the commission, or retains the benefit of transactions arising out of specified offences liable for punishment.

k. Section 140 has been amended w.r.e.f. 1.July 2017, to prescribe the manner and time limit for taking transitional credit.

l. Section 168 has been amended to remove power of Commissioner to give instructions and directions as per Section 66(5) and second proviso to Section 143(1).

m. Section 172 has been amended to make provision for enabling issuance of removal of difficulties order for another 2 years, i.e. till 5 years from the date of commencement of the said Act.

n. Entries at 4(a) & 4(b) in Schedule II is being amended w.r.e.f. 1st July 2017 to make provision for omission of supplies relating to transfer of business assets made without any consideration from Schedule II of the said Act..

2. IGST Act Amendments

a. Section 25 has been amended to make provision for enabling the issuance of removal of difficulties orders for another 2 years, i.e. till 5 years from the date of commencement of the said Act.

3. Changes in Tax Rate

a. Exemption from GST for fishmeal [HS 2301], for the period 1st July 2017 to 30th September 2019, and Levy of 12% rate of Tax during the period 1st July 2017 to 31st December 2018, on pulley, wheels and other parts (falling under heading 8483) and used as parts of agricultural machinery of headings 8432, 8433, and 8436, subject to the condition that if GST has been paid, the same would not be eligible for refund.

b. Notification No. 3/2019-Compensation Cess (Rate) dated 30 September 2019 amended with retrospective effect from 01.07.2017 resulting in no refund on account of inverted duty structure would be admissible on any tobacco products.

4. Changes in Customs Duty Rate

a. Increase in BCD of import of footwear, Kitchen-ware, Glass-ware and household appliances, furniture goods and compressor of refrigerator and A/C, water cooler, catalytic convertor, Chargers and power adaptors, SKD form electrical vehicles and import of rough semi precious stones, Rubies, Emeralds and Tuna bait (fish), whey, butter, ghee, butter oil, walnuts, shelled, meslin, molasses, preparation for infant use, preserved potatoes, peanut butter, sacramental wine, fin fish feed

b. Exemption from BCD to Milk and cream (in powder or granules or any sold forms) up to 10,000 metrics tons of such imports in financial year

c. Changes in rate of BCD for raw sugar, Naphtha for generation of electrical energy, Japanese Encephalitis vaccine, Parts of Cellular Mobile phones

d. Reduction in BCD for import of newsprint, uncoated paper, platinum or palladium

5. Central Excise – Amendments

a. Increase in Excise duty on Cigarettes and tobacco products, by way of increase in National Calamity Contingent Duty (NCCD)

b. No change in rate of duty for Bidis

c. Increase in Excise duty on Petroleum crudes

This is a Small Compilation giving the amendments in brief. It is for reference purpose only.

 

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