CBIC notifies CGST (Third Amendment) Rules 2020 [Read Notification]

The Central Board of Indirect Taxes and Customs (CBIC) notified the Central Goods and Service Tax (CGST Third Amendment) Rules, 2020.

The Department of Revenue under the Ministry of Finance issued the notification on March 23, 2020, in the name of Director under Government of India, Pramod Kumar. The Central Goods and Service Tax (CGST) (Third Amendment) Rules, 2020 seeks to amend the principal rules namely Central Goods and Service Tax (CGST) Rules, 2017.

This amendment seeks to insert the provision where it will be compulsory for the applicant to submit an application under Sub-rule (1) from April 1, 2020, and the applicant is ought to undergo the authentication of Aadhar Number for the grant of application.

Under Rule 25 ‘physical verification of the business’ wherein it is compulsory for the applicant to undergo Aadhar Authentication and in the case of failure, after the grant of registration the applicant must get his place of business verified. After this, the verification documents along with a photograph needs to be uploaded in FORM GST REG-30 within 15 working days from the verification, was substituted.

Under Rule 80(3) the person whose turnover is more than Rupees 5 crores is supposed to get his accounts audited and hereinafter furnish the copy of Audited accounts and a reconciliation statement, which needs to be duly certified in FORM GSTR-9C for the financial year 2018-2019. The details can be submitted electronically on the common portal either directly or through a Facilitation Centre notified by the commissioner.

Under Rule 141(2) in the place of “Commissioner”, the word “Proper Authority” was inserted.

Under Rule 96A the recovery of refunds of utilized Input Tax Credit (ITC) or integrated tax paid on export of goods where export proceeds are not realised, was inserted.

In FORM GST RFD-01 the declaration was inserted namely:

“I hereby undertake to deposit to the Government the amount of refund sanctioned along with interest in case of non-receipt of foreign exchange remittances as per the proviso to section 16 of the IGST Act, 2017 read with rule 96B of the CGST Rules 2017.”