III-1(a) Ex. (384)
No. 384]
chennai, Friday, October 11, 2019
Purattasi 24, Vikari, Thiruvalluvar Aandu-2050
Part IiI—Section 1(a)
General Statutory Rules, Notifications, Orders, Regulations, etc.,
issued by Secretariat Departments.
Notifications by government
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2019
[Price: Rs. 1.60 Paise.
[ 1 ]
commercial taxes and registration department
Amendment to the tamil nadu goods and services tax rules, 2017.
[G.O. Ms. No. 163, Commercial Taxes and Registration (B1), 11th October 2019,
Purattasi 24, Vikarai, Thiruvalluvar Aandu-2050.]
No. SRO A-39(a)/2019.
In exercise of the powers conferred by Section 164 of Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu
Act 19 of 2017), the Governor of Tamil Nadu hereby makes the following rules further to amend the Tamil Nadu Goods
and Services Tax Rules, 2017, namely:-
1. (1) These rules may be called the Tamil Nadu Goods and Services Tax (Sixth Amendment) Rules, 2019.
(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 Tamil Nadu Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), in rule 21A,-
(a) in sub-rule (3), the following explanation shall be inserted, with effect from the 9th October, 2019, namely:-
“Explanation.- For the purposes of this sub-rule, the expression “shall not make any taxable supply” shall mean that
the registered person shall not issue a tax invoice and, accordingly, not charge tax on supplies made by him during
the period of suspension.”;
(b) after sub-rule (4), the following sub-rule shall be inserted, with effect from the 9th October, 2019, namely:-
“(5) Where any order having the effect of revocation of suspension of registration has been passed, the
provisions of clause (a) of sub-section (3) of Section 31 and Section 40 in respect of the supplies made during the
period of suspension and the procedure specified therein shall apply.”.
3. In the said rules, in rule 36, after sub-rule (3), the following sub-rule shall be inserted, with effect from the
9th October, 2019, namely:-
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Tamil nadu government gazette extraordinary
“(4) Input tax credit to be availed by a registered person in respect of invoices or debit notes, the details
of which have not been uploaded by the suppliers under sub-section (1) of Section 37, shall not exceed 20 per cent.
of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the
suppliers under sub-section (1) of Section 37.”.
4. In the said rules, in rule 61,-
(a) for sub-rule (5), the following sub-rule shall be substituted, with effect from the 1st July, 2017, namely:-
“(5) Where the time limit for furnishing of details in FORM GSTR-1 under Section 37 or in FORM GSTR-2
under Section 38 has been extended, the return specified in sub-section (1) of Section 39 shall, in such manner and
subject to such conditions as the Commissioner may, by notification, specify, be furnished in FORM GSTR-3B electronically
through the common portal, either directly or through a Facilitation Centre notified by the Commissioner:
Provided that where a return in FORM GSTR-3B is required to be furnished by a person referred to in sub-rule (1),
then such person shall not be required to furnish the return in FORM GSTR-3.”;
(b) sub-rule (6) shall be omitted with effect from the 1st July, 2017.
5. In the said rules, in rule 83A, in sub-rule (6), for clause (i), the following clause shall be substituted, with effect
from the 9th October, 2019, namely:-
“(i) Every person referred to in clause (b) of sub-rule (1) of rule 83 and who is enrolled as a goods and services
tax practitioner under sub-rule (2) of the said rule is required to pass the examination within the period as specified in
the second proviso of sub-rule (3) of the said rule.”.
6. In the said rules, in rule 91,-
(a) in sub-rule (3), with effect from the 24th September, 2019, after the words “application for refund”, the words
“on the basis of a consolidated payment advice:” shall be inserted;
(b) after sub-rule (3), with effect from the 24th September, 2019, the following sub-rule shall be inserted, namely:-
“(4) The Central Government shall disburse the refund based on the consolidated payment advice issued
under sub-rule (3).”.
7. In the said rules, in rule 97, -
(a) after sub-rule (7), with effect from the 1st July, 2017, the following sub-rule shall be inserted, namely:-
“(7A) The Committee shall make available to the Commissioner 50 per cent of the amount credited to the
Fund each year, for publicity or consumer awareness on Goods and Services Tax, provided the availability of funds for
consumer welfare activities of the Department of Consumer Affairs is not less than twenty-five crore rupees per annum.”;
(b) in sub-rule (8), with effect from the 1st July, 2017, clause (e) shall be omitted.
8. In the said rules, in rule 117, -
(a) in sub-rule (1A), for the figures, letters and word “31st March, 2019”, the figures, letters and word
“31st December, 2019” shall be substituted with effect from the 9th October, 2019.
(b) in sub-rule (4), in clause (b), in sub-clause (iii), in the proviso for the figures, letters and word
“30th April, 2019”, the figures, letters and word “31st January, 2020” , shall be substituted with effect from the
9th October, 2019.
9. In the said rules, in rule 142, -
(a) after sub-rule (1), the following sub-rule shall be inserted, with effect from the 9th October, 2019, namely:-
“(1A) The proper officer shall, before service of notice to the person chargeable with tax, interest and penalty,
under sub-section (1) of Section 73 or sub-section (1) of Section 74, as the case may be, shall communicate the details
of any tax, interest and penalty as ascertained by the said officer, in Part A of FORM GST DRC-01A.”;
(b) in sub-rule (2), after the words “in accordance with the provisions of the Act”, the words, figures and brackets “, whether
on his own ascertainment or, as communicated by the proper officer under sub-rule (1A),” shall be inserted with effect
from the 9th October, 2019;
(c) after sub-rule (2) the following sub-rule shall be inserted, with effect from the 9th October, 2019, namely:-
“(2A) Where the person referred to in sub-rule (1A) has made partial payment of the amount communicated to
him or desires to file any submissions against the proposed liability, he may make such submission in Part B of FORM
GST DRC-01A.”.
Tamil nadu government gazette extraordinary
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10. In the said rules, after FORM GST DRC-01, the following form shall be inserted, with effect from the
9th October, 2019, namely:-
“FORM GST DRC-01A
Intimation of tax ascertained as being payable under Section 73(5)/74(5)
[See Rule 142(1A)]
Part A
No.: Date:
Case ID No.
To
GSTIN……………………………
Name……………………………
Address…………………………
Sub: Case Proceeding Reference No……………… Intimation of liability under Section 73(5)/Section 74(5) – reg.
Please refer to the above proceedings. In this regard, the amount of tax/interest/penalty payable by you under
Section 73(5) / 74(5) with reference to the said case as ascertained by the undersigned in terms of the available
information, as is given below:—
Act
Period
Tax
CGST Act
SGST/UTGST Act
IGST Act
Cess
Total
The grounds and quantification are attached / given below:
You are hereby advised to pay the amount of tax as ascertained above alongwith the amount of applicable
interest in full by …….. ,failing which Show Cause Notice will be issued under Section 73(1).
You are hereby advised to pay the amount of tax as ascertained above alongwith the amount of
applicable interest and penalty under Section 74(5) by …….. , failing which Show Cause Notice will be issued
under Section 74(1).
In case you wish to file any submissions against the above ascertainment, the same may be furnished by……...
in Part B of this Form
Proper Officer
Signature…………………
Name………………………
Designation………………
Upload Attachment
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Tamil nadu government gazette extraordinary
printed and published by the Director of Stationery and printing, chennai
on behalf of the Government of Tamil Nadu
Part B
Reply to the communication for payment before issue of Show Cause Notice
[See Rule 142 (2A)]
No.: Date:
To
Proper Officer,
Wing / Jurisdiction.
Sub: Case Proceeding Reference No…………….........…- Payment/Submissions in response to liability intimated
under Section 73(5)/74(5) – reg.
Please refer to Intimation ID…………… in respect of Case ID……………….vide which the liability of tax payable as
ascertained under Section 73(5) / 74(5) was intimated.
In this regard,
A. this is to inform that the said liability is discharged partially to the extent of Rs. …….......………
through …………..………..and the submissions regarding remaining liability are attached / given below:
or
B. the said liability is not acceptable and the submissions in this regard are attached / given below:
Authorised Signatory
Name……………………………
GSTIN……………………………
Address…………………………
Upload Attachment".
Ka. balachandran,
Principal Secretary to Government.