Explanation of Central Tax GST Notifications No. 38 & 39/2021

The 2 GST notifications are furnished dated 21st Dec 2021 so as to draw the specific GST amendments into the compliance imposed from 1st Jan 2022.

GST Central Tax Notification No. 38/2021

The same ask for drawing down the imposition of the particular sub-rules of Rule 2 Central Goods and Services Tax (Eighth Amendment) Rules, 2021, introduced vide GST (Goods and Services Tax) Notification No. 35/2021–Central Tax dated 24th September 2021. The major amendments to come into effect are mentioned as:

• Rule 10B: Rule 10B of CGST Rules will be engaged and begun from 1st January 2022 which stipulates mandatory Aadhaar authentication for a registered person so as to get qualified for mentioned purposes:
  1. Filing of Revocation Application beneath Rule 23
  2. Refund Filing application under rule 89
  3. Refund beneath rule 96 on IGST paid exports
• Rule 23: Rule 23 has existed revised to include compulsory Aadhaar authentication for filing revocation applications.
• Rule 89: Rule 89 has stood amended to include required Aadhaar authentication for furnishing the refund application
• Rule 96: Rule 96 has been rectified to include compulsory Aadhaar authentication for getting a refund in case of duty paid exports.

Overview of GST CT Notification No. 39/2021

The same ask for drawing down the particular clauses of the Finance act 2021 imposed from 1st January 2022. The highlights of that are:

• Section 7: Section 7 of the CGST Act will be revised from 1st July 2017 to tax supplies amid the corporation along with the members.
• Section 16(2) (aa): Section 16(2) (aa) is engaged to furnish ITC shall be available when the information of the invoice or debit note have filed through the supplier in the statement of the outward supplies and this information has recipient communicated for invoice or debit note as per under section 37.
• Section 1 to 74: Elaboration of 1 to Section 74 has been revised to delink the provisions of penalty beneath Sec 129 & Sec 130 from Sec 74.
• Section 75: The elaboration towards section 75 will be engaged that mentioned with the self-assessed tax will specify the tax subject to the information of the outward supplies filed beneath section 37 however the same does not come in the return filed beneath section 39.
• Section 83: The powers of provisional attachment of property beneath Section 83 has been surged to engage any proceedings beneath Chapter XII (Assessment), Chapter XIV (Inspection, Search, Seizure & Arrest) or Chapter XV(Demands & Recovery).
• Section 107: Section 107 has been changed to furnish the appeal with respect to an order Sec 129(3) will get furnished when a sum equivalent to 25% of the penalty has been furnished via the appellant.
• Section 129: Section 129 of CGST act concerning Detention, seizure, and goods release and conveyances in transit gets revised. A 200% penalty of tax will be liable to pay rather than 100%. Inside the section, the time limit is provided to issue the notice and order through the proper officer.
• Section 130: Section 130 has been revised to eliminate the non-obstante clause from sub-section (1). Sub-section (3) has been missed from the articulated section.
• Section 151: Section 151 would be interchanged to widen the scope of that. The commissioner’s power to obtain the statistics has been interchanged within the power to ask for the details.
• Section 152: Section 152 has changed to permit the details obtained beneath sec 150 or sec 151 to be practised towards the intention of any proceedings beneath the act only post providing the opportunity of being listened to the engaged individual.
• Para 7: Para 7 of Schedule II to the CGST Act supply of goods deemed by an unincorporated association or body of persons to members has been omitted retrospectively w.e.f 1st July 2017.