Notification No 70/2017 Central Tax : CGST (Thirteenth Amendment) Rules, 2017

By | December 21, 2017
(Last Updated On: June 5, 2018)

Notification No 70/2017 Central Tax

Seeks to further amend CGST Rules, 2017 (Thirteenth Amendment)  vide Notification No 67/2017 Central Tax dated 21st December, 2017

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]
Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Excise and Customs
Notification No. 70/2017 – Central Tax

New Delhi, the 21st December, 2017

G.S.R……(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 hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Central Goods and Services Tax (Thirteenth Amendment) Rules, 2017.
(2) 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, –
(i) in FORM GSTR-1, for Table – 6, the following shall be substituted, namely:-

“6. Zero rated supplies and Deemed Exports

GSTIN of recipientInvoice detailsShipping bill/Bill of exportIntegrated TaxCentral TaxState/UT TaxCess
No.DateValueNo.DateRateTaxable valueAmt.RateTaxable valueAmtRateTaxable valueAmt.
12345678910111213141516
6A. Exports
6B. Supplies made to SEZ unit or SEZ Developer
6C. Deemed exports
“;
(ii)in FORM GST RFD-01,
(a)in Table 7, in clause (h), for the words “Recipient of deemed export”, the words “Recipient of deemed export supplies/Supplier of deemed export supplies” shall be substituted;
(b)after Statement 1, the following Statement shall be inserted, namely:—

“Statement-1A [rule 89(2)(h)]

Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]
Sl. No.Details of invoices of inward supplies receivedTax paid on inward suppliesDetails of invoices of outward supplies issuedTax paid on outward supplies
No.DateTaxable ValueIntegrated TaxCentral TaxState/Union territory TaxNo.DateTaxable ValueIntegrated TaxCentral TaxState/Union territory Tax
12345678910111213
“;
(c)after Statement 5A, the following Statement shall be inserted, namely:—

“Statement-5B [rule 89(2)(g)]

Refund Type: On account of deemed exports

(Amount in Rs.)

Sl. No.Details of invoices of outward
supplies in case refund is claimed
by supplier/Details of invoices of inward
supplies in case refund is claimed by recipient
Tax paid
No.DateTaxable ValueIntegrated TaxCentral TaxState/Union Territory TaxCess
12345678
;”
(d)for the DECLARATION [rule 89(2)(g)], the following shall be substituted, namely:—
“DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient ☐
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare that the supplier has not claimed refund with respect to the said supplies.

 

In case refund claimed by supplier ☐
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed. I also declare that the recipient shall not claim any refund with respect of the said supplies and also, the recipient has not availed any input tax credit on such supplies.
Signature
Name –
Designation / Status

 

UNDERTAKING
I hereby undertake to pay back to the Government the amount of refund sanctioned along with interest in case it is found subsequently that the requirements of clause (c) of sub-section (2) of section 16 read with sub-section (2) of section 42 of the CGST/SGST Act have not been complied with in respect of the amount refunded.
Signature
Name –
Designation / Status”;
(iii)in FORM GST RFD-01A,
(a)in Table 7, in clause (g), for the words “Recipient of deemed export”, the words “Recipient of deemed export supplies/Supplier of deemed export supplies” shall be substituted;
(b)after the DECLARATION [rule 89(2)(f)], the following shall be inserted, namely:—
“DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient ☐
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period.I also declare that the supplier has not claimed refund with respect to the said supplies.
In case refund claimed by supplier ☐
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the recipient shall not claim any refund with respect of the said supplies and also, the recipient has not availed any input tax credit on such supplies.
Signature
Name –
Designation/Status

 

UNDERTAKING
I hereby undertake to pay back to the Government the amount of refund sanctioned along with interest in case it is found subsequently that the requirements of clause (c) of sub-section (2) of section 16 read with sub-section (2) of section 42 of the CGST/SGST Act have not been complied with in respect of the amount refunded.
Signature
Name –
Designation / Status”;
(c)after Statement 1, the following Statement shall be inserted, namely:-

“Statement-1A [rule 89(2)(h)]

Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]

Sl. No.Details of invoices of inward supplies receivedTax paid on inward suppliesDetails of invoices of outward supplies issuedTax paid on outward supplies
No.DateTaxable ValueIntegrated TaxCentral TaxState/Union territory TaxNo.DateTaxable ValueIntegrated TaxCentral TaxState/Union territory Tax
12345678910111213
“;
(d)after Statement 5A, the following Statement shall be inserted, namely:—

“Statement-5B [rule 89(2)(g)]

Refund Type: On account of deemed exports

(Amount in Rs)

Sl. No.Details of invoices of outward supplies
in case refund is claimed by supplier/ Details of
invoices of inward supplies in case
refund is claimed by recipient
Tax paid
No.DateTaxable ValueIntegrated TaxCentral TaxState/Union Territory TaxCess
12345678
“.

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