The Central Board of Indirect Taxes and Customs has notified CGST (Fourth Amendment) Rules, 2021 vide notification dated May 18, 2021. The Rules amend the Central Goods and Service Tax Rules, 2017 in the following manner:
- In Rule 23(1), after the words “date of the service of the order of cancellation of registration”, the words “or within such time period as extended by the Additional Commissioner or the Joint Commissioner or the Commissioner, as the case may be, in exercise of the powers provided under the proviso to sub-section (1) of section 30,” have been inserted.
- In Rule 90(3), the following proviso has been inserted, – “Provided that the time period, from the date of filing of the refund claim in FORM GST RFD-01 till the date of communication of the deficiencies in FORM GST RFD-03 by the proper officer, shall be excluded from the period of two years as specified under sub-section (1) of Section 54, in respect of any such fresh refund claim filed by the applicant after rectification of the deficiencies.”
- New Rule 9(5) and 9(6) have been inserted: “(5) The applicant may, at any time before issuance of provisional refund sanction order in FORM GST RFD-04 or final refund sanction order in FORM GST RFD-06 or payment order in FORM GST RFD-05 or refund withhold order in FORM GST RFD-07 or notice in FORM GST RFD-08, in respect of any refund application filed in FORM GST RFD-01, withdraw the said application for refund by filing an application in FORM GST RFD-01W.
(6) On submission of application for withdrawal of refund in FORM GST RFD-01W, any amount debited by the applicant from electronic credit ledger or electronic cash ledger, as the case may be, while filing application for refund in FORM GST RFD-01, shall be credited back to the ledger from which such debit was made.”
- In Rule 92(1), the proviso stands omitted.
- In Rule 92(2), – (i) for the word and letter “Part B”, the word and letter “Part A” shall be substituted; and the following proviso has been inserted, namely: – “Provided that where the proper officer or the Commissioner is satisfied that the refund is no longer liable to be withheld, he may pass an order for release of withheld refund in Part B of FORM GST RFD- 07.”
- In Rule 96, – (a) in sub-rule (6), for the word and letter “Part B”, the word and letter “Part A” shall be substituted; (b) in sub-rule (7), for the words, “after passing an order in FORM GST RFD-06”, the words, “by passing an order in FORM GST RFD-06 after passing an order for release of withheld refund in Part B of FORM GST RFD-07” shall be substituted.
- In FORM GST REG-21, under the sub-heading “Instructions for submission of application for revocation of cancellation of registration”, in the first bullet point after the words “date of service of the order of cancellation of registration”, the words “or within such time period as extended by the Additional Commissioner or the Joint Commissioner or Commissioner, as the case may be, in exercise of the powers provided under proviso to subsection (1) of section 30,” shall be inserted.
- In Rule 138E, for the words “in respect of a registered person, whether as a supplier or a recipient, who, —” the words „‟in respect of any outward movement of goods of a registered person, who, —” shall be substituted.
*Tanvi Singh, Editorial Assistant has put this story together.