Provisions of CGST Amendment Act 2018 which are not effective from 01.02.2019

By | February 1, 2019
(Last Updated On: February 2, 2019)

Govt has notified that CGST (Amendment) Act, 2018 applicable from 1st February, 2019 vide Notification No. 02/2019 – Central Tax  dated 29.01.2019

However it has been notified that clause (b) of section 8, section 17, section 18, clause (a) of section 20, sub-clause (i) of clause (b) and sub-clause (i) of clause (c) of section 28, of CGST Amendment Act 2018 are not effective from 01.02.2019

Clause (b) of section 8 of CGST Amendment Act 2018

In section 16 of the principal Act, in sub-section (2),––

(b) in clause (c), for the word and figures “section 41”, the words, figures and letter “section 41 or section 43A” shall be substituted.

Section 17 of CGST Amendment Act 2018

 In section 39 of the principal Act,––
(a) in sub-section (1),––

(i) for the words “in such form and manner as may be prescribed”, the
words “in such form, manner and within such time as may be prescribed” shall be substituted;
(ii) the words “on or before the twentieth day of the month succeeding
such calendar month or part thereof ” shall be omitted;
(iii) the following proviso shall be inserted, namely:—
“Provided that the Government may, on the recommendations of the
Council, notify certain classes of registered persons who shall furnish
return for every quarter or part thereof, subject to such conditions and
safeguards as may be specified therein.”;

(b) in sub-section (7), the following proviso shall be inserted, namely:––
“Provided that the Government may, on the recommendations of the
Council, notify certain classes of registered persons who shall pay to the
Government the tax due or part thereof as per the return on or before the last date on which he is required to furnish such return, subject to such conditions and safeguards as may be specified therein.”;

(c) in sub-section (9),––

(i) for the words “in the return to be furnished for the month or quarter
during which such omission or incorrect particulars are noticed”, the words “in such form and manner as may be perscribed” shall be substituted;
(ii) in the proviso, for the words “the end of the financial year”, the words “the end of the financial year to which such details pertain” shall be substituted.

section 18 of CGST Amendment Act 2018

After section 43 of the principal Act, the following section shall be inserted, namely:—

Procedure for furnishing return and availing input tax credit.

43A. (1) Notwithstanding anything contained in sub-section (2) of section 16, section 37 or section 38, every registered person shall in the returns furnished under sub-section (1) of section 39 verify, validate, modify or delete the details of supplies furnished by the suppliers.

(2) Notwithstanding anything contained in section 41, section 42 or section 43, the procedure for availing of input tax credit by the recipient and verification thereof shall be such as may be prescribed.

(3) The procedure for furnishing the details of outward supplies by the supplier on the common portal, for the purposes of availing input tax credit by the recipient shall be such as may be prescribed.

(4) The procedure for availing input tax credit in respect of outward supplies not furnished under sub-section (3) shall be such as may be prescribed and such procedure may include the maximum amount of the input tax credit which can be so availed, not exceeding twenty per cent of the input tax credit available, on the basis of details furnished by the suppliers under the said sub-section.

(5) The amount of tax specified in the outward supplies for which the details have been furnished by the supplier under sub-section (3) shall be deemed to be the tax payable by him under the provisions of the Act.

(6) The supplier and the recipient of a supply shall be jointly and severally liable to pay tax or to pay the input tax credit availed, as the case may be, in relation to outward supplies for which the details have been furnished under sub-section (3) or sub-section (4) but return thereof has not been furnished.

(7) For the purposes of sub-section (6), the recovery shall be made in such manner as may be prescribed and such procedure may provide for non-recovery of an amount of tax or input tax credit wrongly availed not exceeding one thousand rupees.

(8) The procedure, safeguards and threshold of the tax amount in relation to outward supplies, the details of which can be furnished under sub-section (3) by a registered person,—

(i)within six months of taking registration;
(ii)who has defaulted in payment of tax and where such default has continued for more than two months from the due date of payment of such defaulted amount,

shall be such as may be prescribed. ]

clause (a) of section 20 of CGST Amendment Act 2018

In section 49 of the principal Act,––
(a) in sub-section (2), for the word and figures “section 41”, the words, figures and letter “section 41 or section 43A” shall be substituted;

sub-clause (i) of clause (b) and sub-clause (i) of clause (c) of section 28 of CGST Amendment Act 2018

  1. In section 140 of the principal Act, with effect from the 1st day of July, 2017,––
    (a) in sub-section (1), after the letters and word “CENVAT credit”, the words “of eligible duties” shall be inserted and shall always be deemed to have been inserted;

(b) in the Explanation 1—
(i) for the word, brackets and figures “sub-sections (3), (4)”, the word,
brackets and figures “sub-sections (1), (3), (4)” shall be substituted and shall
always be deemed to have been substituted;

(c) in the Explanation 2—
(i) for the word, brackets and figure “sub-section (5)”, the words, brackets
and figures “sub-sections (1) and (5)” shall be substituted and shall always be deemed to have been substituted;

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