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Central Tax

45/2017

13-10-2017


Seeks to amend the CGST Rules, 2017

Government of India 

Ministry of Finance 

Department of Revenue

Central Board of Excise and Customs

Notification No. 45/2017 – Central Tax

New Delhi, the 13th October, 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 (Ninth  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 rule 3, for sub-rule (3A), the following sub-rule shall be substituted, namely:-

“(3A)Notwithstanding anything contained in sub-rules (1), (2) and (3), a person who has been granted registration on a provisional basis under rule 24 or who has been granted certificate of registration under sub-rule (1) of rule 10  may opt to pay tax  under with effect from the first day of the month immediately succeeding the  month  in  which he files an intimation in FORM GST CMP-02, on the common portal either directly or through a Facilitation Centre notified by the Commissioner, on or before the 31st day of March, 2018, and shall furnish the statement in FORM GST ITC-03 in accordance with the provisions of sub-rule (4) of rule 44 within a period of ninety days from the day on which such person commences to pay tax under :

Provided that the said persons shall not be allowed to furnish the declaration in FORM GST TRAN-1 after the statement in FORM GST ITC-03 has been furnished.”;

(ii) after rule 46, the following rule shall be inserted, namely:-

46A. Invoice-cum-bill of supply.-  Notwithstanding anything contained in rule 46 or  rule 49 or rule 54, where a registered person is supplying taxable as well as exempted goods or services or both to an unregistered person, a single “invoice-cum-bill of supply” may be issued for all such supplies.”;

(iii) in rule 54, in sub-rule (2),

(a) for the words “tax invoice” the words “consolidated tax invoice” shall be substituted;

(b) after the words “by whatever name called”, the words “for the supply of services made during a month at the end of the month” shall be inserted;

(iv) in rule 62, in sub-rule (1), the following proviso shall be inserted, namely:-

“Provided that the registered person who opts to pay tax under section 10 with effect from the first day of a month which is not the first month of a quarter shall furnish the return in FORM GSTR-4 for that period of the quarter for which he has paid tax  under section 10 and shall furnish the returns as applicable to him for the period of the quarter prior to opting to pay tax under.”;

(v) in FORM GST CMP-02, for the words, figures and brackets “See rule 3(2)”, the words, figures, brackets and letter “See rule 3(3) and 3(3A)” shall be substituted;

(vi) in FORM GSTR-1, for Table 6, the following shall be substituted, namely:-

6. Zero rated supplies and Deemed Exports

GSTIN of

recipient

Invoice details

Shipping bill/ Bill

of export

Integrated Tax Cess
No. Date Value No. Date Rate

Taxable

value

Amt.
1 2 3 4 5 6 7 8 9 10
6A. Exports  
                   
       

6B. Supplies made to SEZ unit or SEZ

Developer

   
                   
       
6C. Deemed exports    
                   
      ”;

(vii) in FORM GSTR-1, for Table 4, the following shall be substituted, namely:-

“4. Zero rated supplies made to SEZ and deemed exports

GSTIN of recipient Invoice details Integrated Tax Cess
No. Date Value Rate Taxable value Tax amount
1 2 3 4 5 6 7 8
4A. Supplies made to SEZ unit or SEZ Developer    
               
       
4B. Deemed exports    
               
      ”;

(viii)   in FORM GSTR-1, after instruction no.9, the following shall be inserted, namely:-

“10. For the tax periods July, 2017 to September, 2017 and October, 2017 to December, 2017, serial 4A of Table 4 shall not be furnished.”

[F. No. 349/58/2017-GST(Pt.)]

 

(Dr. Sreeparvathy S.L.) 

Under Secretary to the Government of India

Note:-The principal rules were published in the Gazette of India, Extraordinary, Part II, Section  3, sub-section (i) vide notification No. 3/2017-Central Tax, dated the 19th June,2017, published vide number G.S.R 610 (E), dated the 19th June, 2017 and last amended vide notification No. 36/2017-Central Tax, dated the 29th September, 2017, published vide number G.S.R 1214 (E), dated the 29th September, 2017.