Notifications
Notification 37/2021 – Central Tax
- Tenure of chairman under National Anti-Profiteering Authority has been extended from 4 years to 5 years (w.e.f. 30/11/2021).
- FORM DRC – 03 was amended and the same can be used to make a payment towards liability ascertained under Section 73(5)/74(5) under Audit, Inspection and Investigation by the authority and communicated under DRC-01A.
Notification 38/2021 – Central Tax
Compulsory Aadhar Authentication is required of a registered person effective from 1 January 2022 for:
- Filing of refund application in FORM RFD-01 under Rule 89
- Filing Revocation Cancellation application under Rule 23
- Filing of refund application for tax, interest, fees, penalty or any other amount paid by the taxpayer.
Notification 39/2021 – Central Tax
- Penalty under Section 129 on account of detention or seizure of goods or conveyance amended to:
- 200% of tax payable if the owner comes forward for payment (earlier it was tax on such goods plus 100% of tax payable).
- 50% of the value of goods or 200% tax payable on such goods, whichever is higher if the owner does not come forward for payment (earlier it was tax on such goods plus 50% of tax payable reduced by tax amount paid thereon).
- Authority shall serve a notice within 7 days of detention and pass an order within 7 days of serving notice for payment of penalty (earlier there was no time specified).
- The penalty must be payable within 15 days from the date of serving notice (earlier, it was 7 days from the date of detention or seizure.
- Furthermore, there is a specific proviso inserted whereby conveyance (not goods) shall be released on payment of penalty by the transporter for such conveyance or INR 100,000 whichever is less.
Notification 40/2021 – Central Tax
- Input Tax Credit is not available to the registered person in respect of invoices or debit notes, which is not reflected by suppliers in the GSTR–1/IFF and subsequently not communicated to the registered person in GSTR–2B.
- Due date of filing GSTR–9 and GSTR–9C for FY 2020-21 has been extended to 28 February 2022.
- In the case of Unique Identification Number (UIN) holders, if the UIN is not mentioned in the invoice, then the person shall be eligible to claim a refund only after submitting a copy of the invoice duly attested by an authorized representative along with the refund application in GST RFD–10.
- If person makes payment as referred to Section 129 (1), they will need to intimate to the officer about the payment within 7 days (earlier 14 days) of notice issued but before issuance order by officer under the said Section.
- Newly inserted Rule 144A states that if transporter or owner of the goods whose conveyance or goods detained or seized in transit fails to pay the penalty within 15 days from the date order passed. Proper officer will proceed to sell such goods by way of an auction (detailed procedure specified under said rule for auction).
Circulars
CBIC-190354/207/2021-TRU Section-CBEC
Clarification has been issued in relation to service supplied by restaurants through e-commerce operator. Its is accordingly clarified that, restaurant services are now being covered under Section 9(5) which states liability to pay tax on such services is on e-commerce operator. This circular clarifies all the modalities of compliances for this category of transaction.
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