The Institute of Chartered Accountants of India considers it a privilege to submit its suggestions on Draft Rules of Composition, Input Tax Credit, Determination of Value of Supply, Transitional Provisions, Registration, Tax Invoice, Debit & Credit Notes, Refund, Accounts & Records, Appeals & Revision, E-way Bill, Return, Advance Ruling, Assessment & Audit.
Rule 2(3) of the draft GST Refund Rules provide that where any deficiencies are noticed, the proper officer shall communicate the deficiencies to the applicant in FORM GST RFD-03 through the Common Portal electronically, requiring him to file a refund application after rectification of such deficiencies. However, the time limit for issuing FORM GST RFD-03 by proper officer has not been provided and only time limit of 15 days is provided for issuing acknowledgement FORM GST RFD-02.
1. Advance voucher and refund voucher Rule 5 of draft GST Tax invoice, Credit and Debit Notes Rules provides for issuance voucher for receipt of advance. However no formats have been prescribed for the receipt voucher or refund voucher. Suggestion It is suggested the words …..in the formats prescribed… be added and suitable formats be prescribed. […]
1. E-Way Bill required to be simplified Rule 1 requires the use of e-Way bill for all removals including those involving supply. Issue When invoice is already issued, issuance of e-way bill increases the compliance at the time of removal of goods. This is not in line with ease of doing business. Hence, comprehensive suggestion […]
1. Exclusion of Input Service Distributors (ISD) & OIDAR Rule 1(1) of draft GST Registration Rules provides that every person (other than a non-resident taxable person, a person supplying online information and data base access or retrieval services from a place outside India to a non-taxable online recipient referred to in section 14 of the […]
1. Intimation of Composition Levy Rule 1(1) of draft GST Composition Rules provide that any person who has been granted registration on a provisional basis under sub-rule (1) of rule Registration. 16 and who opts to pay tax under section 10, shall electronically file an intimation in FORM GST CMP-01, duly signed, on the Common […]
1. Documentary requirements and conditions for claiming input tax credit Rule 1 of draft GST ITC Rules requires that input tax credit shall be availed by a registered person, including the Input Service Distributor, on the basis of any of the following documents, namely: – a) an invoice issued by the supplier of goods or services […]
1. Application in respect of tax or duty credit carried forward under any existing law or on goods held in stock on the appointed day Rule 1 of draft GST Transitional Provision Rules requires voluminous details like the amount of tax or duty availed or utilized by way of input tax credit under each of the existing […]
VALUATION RULES 1. Delete the term ‘open market value’ from Valuation Rules Draft Valuation Rules introduces a new concept of ‘open market value’, to be the first value to be applied in case a transaction does not satisfy the requirements of section 15. Issue It is a new and untested concept and is not even based […]
Generally place of supply will be the place of recipient of service, if it is not available then place of supplier of service except of specified services as given in subsequent sub-sections. This is similar to the default rule applicable to domestic transactions
