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Central Goods and Services Tax (Eighth Amendment) Rules, 2021

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Central Goods and Services Tax (Eighth Amendment) Rules, 2021

The Central Board of Indirect Taxes and Customs, vide notification no. 35/2021- Central Tax dated 24th September 2021, notified Central Goods and Services Tax (Eighth Amendment) Rules, 2021.

The present article briefly explains the said amendment rules.

Amendment concerning the furnishing of bank account details-

Post receipt of registration certificate in Form GST REG-06, as per provisions of rule 10A, the registered person is required to furnish bank account details within earlier of the following dates-

  • 45 days from the date of registration; or
  • Due date of filing of return under section 39.

Accordingly, as per the amendment, now, bank account for which the details are provided should be-

  1. In the name of the registered person; and
  2. Such bank account should have been obtained on the basis of the PAN of the registered person.

Aadhaar authentication mandatory for a specified purpose-

New rule 10B is inserted under Central Goods and Services Tax Rules, 2017. From now, Aadhaar authentication is mandatory for the below listed specified purposes-

  1. For filing of a refund application in Form RFD-01,
  2. For filing of an application for revocation of cancellation of GST registration in Form GST REG-21, and
  3. For claiming refund under rule 96 of the Integrated tax (IGST) paid on goods exported out of India.

Notably, authentication of Aadhaar number is to be done in the following manner-

Constitution of the registered person Manner of authentication of the Aadhaar number
Proprietorship firm Aadhaar number of the proprietor needs to be authenticated.
Partnership firm Aadhaar number of any of the partner needs to be authenticated.
Hindu Undivided Family (HUF) Aadhaar number of the Karta needs to be authenticated.
Company Aadhaar number of the Managing Director or any whole-time director needs to be authenticated.
AOP/ BOI/ Society Aadhaar number of the member of the Managing Committee of AOP or BOI or Society needs to be authenticated.
Trust Aadhaar number of the Trustee in the Board of Trustees needs to be authenticated.

In case the person requiring to undergo Aadhaar authentication is not assigned the Aadhaar number. Then, such person needs to submit the following documents-

  1. Aadhaar enrolment slip, and
  2. Any one of the following identify proof-
    1. Voter identity card,
    2. Bank passbook (with Photo),
    3. Driving license, or
    4. Passport

Additionally, such a person needs to undergo the Aadhaar authentication within 30 days of the date of allotment of the Aadhaar number.

Relaxation in filing requirement of Form GST ITC-04-

Giving effect to 45th GST Council meeting recommendation, rule 45(3) is amended relaxing the filing requirement of Form GST ITC-04 in the following manner-

Particulars Filing requirement
Principal with aggregate turnover above INR 5 Crores in the preceding Financial Year GST ITC-04 is to be filed on six-monthly basis (i.e. April to September and October to March).
Principal with aggregate turnover up to INR 5 Crores in the preceding Financial Year GST ITC-04 is to be filed on annual basis.

It is important to note that the above amendment is effective from 1st October 2021.

Amendments concerning application for refund (Rule 89)-

  • The registered person needs to mandatorily undergo Aadhaar authentication for applying for a refund claim as per newly inserted provisions of rule 10B.
  • The registered person can claim the refund of tax paid under the wrong/ incorrect head within two years from the date of payment of such tax under the correct head.

Other Amendments-

  1. As per the amendment to rule 59(6), with effect from 1st January 2022, return in Form GSTR-1 will not be allowed to be filed, if return in Form GSTR-3B of the preceding month is not furnished.
  2. New rule 96C states that ‘bank account’ for refund credit will mean the bank account of the applicant which is in the name of the applicant and obtained on the basis of the applicant’s Permanent Account Number.
  3. Provisions of rule 23(1) [i.e., revocation of cancellation of registration] and rule 96(1) [i.e., refund of IGST on the export of goods or services] is amended to make Aadhaar authentication mandatory as per rule 10B.

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CA Poonam Gandhi is a Chartered Accountant and a Lawyer. With a wide practice experience and deep understanding of different laws and taxes, she has been an independent professional writer in the field of taxation, finance and laws.