Updates

In supersession of the existing laid down provisions in the Hand Book of Procedures, 2015-20 with regard to last date for submitting online applications for scrip based claims, the last date for submitting online applications stands revised to 31 January 2022 for the following schemes i.e. 

i. for MEIS (for exports made in the period (01.07.2018 to 31.03.2019, 01.04.2019 to 31.03.2020 and 01.04.2020 to 31.12.2020) 

ii. for SEIS (for service exports rendered for FY 18-19 and FY 2019-20) 

iii. for 2% additional ad hoc incentive (under para 3.25 of the FTP for exports made in the period01.01.2020 to31.03.2020 only) 

iv. for ROSCTL(for exports made from 07.01.2019 t0 3112.2020) and 

v. for ROSL (for exports made upto 06 03 2019 for which claims have not yet been disbursed under scrip mechanism).

After 31.01.2022, no further applications would he allowed to be submitted and they would become time-barred. Late cut provisions shall also not be available for submitting claims at a later date.

Refer Notification no. 48/2015-20 Dt. 31st Dec. 2021

The Central Board of Indirect Taxes and Customs has notified the Central Goods and Services Tax (Tenth Amendment) Rules on 29th December 2021, in order to make amendments to the Central Goods and Services Tax Rules, 2017. 

As such, under the amended rules:

(i) in rule 36, for sub-rule (4), the following sub-rule shall be substituted, with effect from the 1st day of January, 2022, namely:

"(4) No input tax credit shall be availed by a registered person in respect of invoices or debit notes the details of which are required to be furnished under sub-section (1) of section 37 unless,-

(a) the details of such invoices or debit notes have been furnished by the supplier in the statement of outward supplies in FORM GSTR-1 or using the invoice furnishing facility; and

(b) the details of such invoices or debit notes have been communicated to the registered person in FORM GSTR-2B under sub-rule (7) of rule 60.";

(ii) in rule 80,-

(a) after sub-rule (1), the following sub-rule shall be inserted, namely:-

"(1A) Notwithstanding anything contained in sub-rule (1), for the financial year 2020-2021 the said annual return shall be furnished on or before the twenty-eighth day of February, 2022.";

(b) after sub-rule (3), the following sub-rule shall be inserted, namely:-

"(3A) Notwithstanding anything contained in sub-rule (3), for the financial year 2020-2021 the said self-certified reconciliation statement shall be furnished along with the said annual return on or before the twenty-eighth day of February, 2022.";

(iii) in rule 95, in sub-rule (3), after clause (c), the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2021, namely:-

"Provided that where Unique Identity Number of the applicant is not mentioned in a tax invoice, the refund of tax paid by the applicant on such invoice shall be available only if the copy of the invoice, duly attested by the authorized representative of the applicant, is submitted along with the refund application in FORM GST RFD-10.";

(iv) in rule 142, with effect from the 1st day of January, 2022,-

(a) in sub-rule (3), for the words and letters, "fourteen days of detention or seizure of the goods and conveyance", the words, brackets and figures, "seven days of the notice issued under sub-section (3) of Section 129 but before the issuance of order under the said sub- section (3)" shall be substituted;

(b) in sub-rule (5), for the words, "tax, interest and penalty payable by the person chargeable with tax", the words, "tax, interest and penalty, as the case may be, payable by the person concerned" shall be substituted.

Special provision for deduction of tax at source for non-filers of income-tax return 206AB. (1) Notwithstanding anything contained in any other provisions of this Act, where tax is required to be deducted at source under the provisions of Chapter XVIIB, other than section 192, 192A, 194B, 194BB, 194LBC or 194N on any sum or income or amount paid, or payable or credited, by a person (hereafter referred to as deductee) to a specified person, the tax shall be deducted at the higher of the following rates, namely: 

(i) at twice the rate specified in the relevant provision of the Act; or 

(ii) at twice the rate or rates in force; or 

(iii) at the rate of five per cent.

(2) If the provisions of section 206AA is applicable to a specified person, in addition to the provision of this section, the tax shall be deducted at higher of the two rates provided in this section and in section 206AA. (3) For the purposes of this section "specified person" means a person who has not filed the returns of income for both of the two assessment years relevant to the two previous years immediately prior to the previous year in which tax is required to be deducted, for which the time limit of filing return of income under sub-section (1) of section 139 has expired; and the aggregate of tax deducted at source and tax collected at source in his case is rupees fifty thousand or more in each of these two previous years: Provided that the specified person shall not include a non-resident who does not have a permanent establishment in India. Explanation.- For the purposes of this sub-section, the expression "permanent establishment" includes a fixed place of business through which the business of the enterprise is wholly or partly carried on.

Special provision for collection of tax at source for non-filers of income-tax return 206CCA. (1) Notwithstanding anything contained in any other provisions of this Act, where tax is required to be collected at source under the provisions of Chapter XVII-BB, on any sum or amount received by a person (hereafter referred to as collectee) from a specified person, the tax shall be collected at the higher of the following two rates, namely:- (i) at twice the rate specified in the relevant provision of the Act; or (ii) at the rate of five per cent. 

(2) If the provisions of section 206CC is applicable to a specified person, in addition to the provisions of this section, the tax shall be collected at higher of the two rates provided in this section and in section 206CC. 

(3) For the purposes of this section "specified person" means a person who has not filed the returns of income for both of the two assessment years relevant to the two previous years immediately prior to the previous year in which tax is required to be collected, for which the time limit of filing return of income under sub-section (1) of section 139 has expired; and the aggregate of tax deducted at source and tax collected at source in his case is rupees fifty thousand or more in each of these two previous years:   Provided that the specified person shall not include a non-resident who does not have a permanent establishment in India. Explanation.- For the purposes of this sub-section, the expression "permanent establishment" includes a fixed place of business through which the business of the enterprise is wholly or partly carried on. For the applicability of the section 206AB, the following all the conditions must be satisfied: A person is required to deduct tax under any of the provision of chapter XVIIB Transaction is with specified person. Specified Person means a person who has not filed his return of income of immediately two preceding previous years, for which due date u/s 139(1) has expired. Aggregate of tax deducted at source AND Tax Collected at Source in his case is rupees