Draft GST Rules & Formats

New Delhi | Noida | Gurgaon | Mumbai - India info@sunilgoel.comwww.sunilgoel.com
Draft GST Rules & Formats
Which got approved by the GST Council
HIGHLIGHTS OF

INDEX
S. No. Particulars Page No.
1. Highlights of GST Draft
 Rules approved by the GST council 1
 Treatment of Exemptions 1
 Disagreement on Centre’s power 2
2. Rules and Formats for Registration under GST
 17 Rules for Registration 2
 26 Forms for Registration 2
 Online Application 4
 Information Verification 4
 No Registration fee 4
 Time Period for Registration 4
 Registration of Casual Taxable person & Non Resident Person 4
 Migration of existing taxpayers to GST 4
 Physical verification of Business Premises 5
3. Rules and Formats for Payment under GST
 4 Rules for Payment 5
 Forms of Electronic Ledger 5
 Mode of Payment of tax 5
 Unique Identification Number (UIN) 5
 7 forms for Payment 6
4. Rules and Formats of Invoice under GST
 5 Rules for Invoice 6
 Information to be filed in Tax Invoice 6
 Manner of issuing invoice 7
 Electronic Reference Number of Invoice 7
 Bill of Supply 7
 Time period for raising invoice 7
5. Rules and Formats for Return under GST 7
 25 Rules on Return 7
 27 Return forms 9
 Forms for Outward and Inward Supplies 9
 Number of Monthly Returns 9
 Forms for taxable person, composition dealer, Non- resident
taxable person
9
 No time period for issuing SCN to non- filers of return 9
 Annual return 9
 Tax return preparers 9
6. Rules and Formats for Refunds under GST
 6 Refund Rules 10
 10 Refund Forms 10
 Form for Refund application 11
 Refund relating to balance amount 11
 Provisional refund 11
 Documentary evidence for Refund application 11
 Refund amount to be credited to bank account 11

www.sunilgoel.com |info@sunilgoel.com New Delhi | Noida | Gurgaon | Mumbai 1 | P a g e
HIGHLIGHTS OF DRAFT GST RULES & FORMATS WHICH GOT
APPROVED BY THE GST COUNCIL
The Government is not leaving any stone unturned to roll out the much awaited
indirect tax reform from April 1, 2017. In less than a week after the first meeting of the
GST Council (on September 22-23, 2016), the Central Board of Excise and Customs
(“CBEC”) on September 26, 2016, has unveiled the Draft Rules and formats under
GST relating to registration, invoice and payment. Further on September 27, 2016,
more GST Draft Rules and formats on return and refunds were also put in public
domain (collectively referred to as “the Draft GST Rules”). Earlier, in the month of
October, 2015, the Draft GST Business Processes on registration, payment, returns and
refunds were put in public domain for public comments.
Draft GST Rules approved by the GST Council
The CBEC invited comments on the Draft GST Rules by September 28, 2016. Now, the
GST Council, in its second meeting held on September 30, 2016, has approved the 5
sets of Draft GST Rules - registration, payment, refund, returns and invoice. The Draft
GST Rules will be notified after enactment of the GST Act.
Some of the other important discussions in the second meeting of the GST Council
are stated hereunder:
Treatment of exemption from GST
In the Current regime, the Centre gives exemption to 11 states mostly in North East
and hilly regions from Excise duty as also many States give the same as incentive for
setting up industry. The GST Council has decided that under GST, which will subsume
Excise duty and VAT among other levies, taxes will have to be collected and it can
be reimbursed from the annual budgets to the exempted categories.

Disagreement on Centre’s power for assessment of 11 lakh Service tax assesses in
the new dispensation
The GST Council in its first meeting held on September 22-23, 2016 has given the
power for assessment to Centre for assessing 11 lakh Service tax assessees who are
currently assessed by them. However, there were divisions over ratifying/ approving
the minutes of the first meeting of the GST Council after at least two States disagreed
with the Centre's power for assessing these taxpayers in the new dispensation. The
discussion was in conclusive and therefore it will continue in the next meeting.
The next meeting of GST Council will be held on October 18-20, 2016 to discuss on
issues like Service tax assessment and the formula for calculating compensation to
be paid to States in case of revenue shortfall as a result of implementation of the
GST regime, possibly from April 1, 2017.GST rates, Draft GST law to be decided by
November 22, 2016.
KEY HIGHLIGHTS OF THE DRAFT GST RULES
Key highlights of the Draft GST Rules for registration, invoice, payment, return and
refunds are stated below for easy digest:
I. Draft Rules and Formats for Registration under GST
Section 19 of Model CGST/SGST Act (“the Model GST Act”)dealing with registration,
prescribes that every person who is liable to be registered shall apply for registration
in the manner prescribed, which is now provided by way of the Draft Rules for
Registration under GST (“the Draft Registration Rules”) along with Registration
formats.
The salient features of the Draft Rules and Formats for Registration are as follows-
 17 Rules for Registration prescribed-The Draft Registration Rules have 17 Rules
viz. application for registration, verification, issuance of registration certificate,
Grant of registration to non-resident taxable person, Amendment to
Registration etc.
 26 Forms for Registration prescribed-26 Forms for Registration have been
prescribed (Form GST REG-01 to Form GST REG-26), namely-

S. No Form Number Content
1 GST REG-01
Application for Registration under Section 19(1) of Goods and Services
Tax Act, 20--
2 GST REG-02 Acknowledgement
3 GST REG-03
Notice for Seeking Additional Information/ Clarification/ Documents
relating to Application for<<Registration/Amendment/Cancellation>>
4 GST REG-04
Application for filing clarification/additional information/ document
for<<Registration/Amendment/Cancellation/Revocation of
Cancellation>>
5 GST REG-05
Order of Rejection of Application for <Registration /Amendment /
Cancellation/ Revocation of Cancellation>>
6 GST REG-06
Registration Certificate issued under Section 19(8A) of the Goods and
Services Tax Act, 20--
7 GST REG-07
Application for Registration as Tax Deductor or Tax Collector at Source
under Section 19(1) of the Goods and Service Tax Act, 20--
8 GST REG-08
Order of Cancellation of Application for Registration as Tax Deductor
or Tax Collector at Source under Section 21 of the Goods and Service
Tax Act, 20--.
9 GST REG-09
Application for Allotment of Unique ID to UN Bodies/Embassies /any
other person under Section 19(6) of the Goods and Service Tax Act, 20
10 GST REG-10 Application for Registration for Non-Resident Taxable Person.
11 GST REG-11 Application for Amendment in Particulars subsequent to Registration
12 GST REG-12 Order of Amendment of existing Registration
13 GST REG-13 Order of Allotment of Temporary Registration/ Suo Moto Registration
14 GST REG-14
Application for Cancellation of Registration under Goods and Services
Tax Act, 20--.
15 GST REG-15 Show Cause Notice for Cancellation of Registration
16 GST REG-16 Order for Cancellation of Registration
17 GST REG-17
Application for Revocation of Cancelled Registration under Goods
and Services Act, 20--.
18 GST REG-18
Order for Approval of Application for Revocation of Cancelled
Registration
19 GST REG-19
Notice for Seeking Clarification/Documents relating to Application for
<< Revocation of Cancellation>>
20 GST REG-20 Application for Enrolment of Existing Taxpayer

S. No Form Number Content
21 GST REG-21 Provisional Registration Certificate to existing taxpayer
22 GST REG-22 Order of cancellation of provisional certificate
23 GST REG-23
Intimation of discrepancies in Application for Enrolment of existing
taxpayer
24 GST REG-24
Application for Cancellation of Registration for the Migrated Taxpayers
not liable for registration under Goods and Services Tax Act 20--
25 GST REG-25
Application for extension of registration period by Casual / Non-
Resident taxable person.
26 GST REG-26 Form for Field Visit Report
 Online filling of application- Application for registration is to be made online
either directly on the GSTN Portal or through Facilitation Centres (FC) notified
by the Board or Commissioner.
 Verification of Information- for GST Registration, Part A of FORM GST REG-01
(application for registration under Section 19(1) of the Model GST Act) seeks
to verify PAN through Income Tax Portal, mobile number and email i.d.
through one-time password (OTP) sent to the said mobile number/email
address.
 No fee for filling registration application-No fee is payable for filing
application for registration as nothing regarding fee is mentioned under Draft
Registration Rules.
 Time period for Registration-The Draft Registration Rules provides that
registration will be granted within 3 common working days if no discrepancy is
found. If any discrepancy is found, the same will be communicated through
the GSTN within the above time limit.
 Registration of Casual taxable persons and Non- resident taxable person- The
Model GST Act provides for registration of Casual taxable person and Non-
resident taxable person i.e. a person who occasionally undertakes
transactions involving supply of goods and/or services and has no fixed place
of business in India. The said person are also required to deposit GST in
advance on estimated basis and thereafter an acknowledgement will be
issued electronically.
 Migration of existing taxpayers to GST - The Draft Registration Rules provides
rules for migration of person already registered under earlier law, thereby
stating that person registered under an earlier law and having a PAN shall be
granted registration on a provisional basis and a certificate of registration
incorporating the GSTIN therein, shall be made available on the Common
Portal.

Thereafter, an application along with the information/documents specified therein
shall be submitted electronically. Information asked for shall be furnished within a
period of 6 months or such further period as may be extended by the Board or
Commissioner. Failure to submit relevant information within prescribed time period
can lead to cancellation of provisional registration.
 Physical verification of business premises- Verification of premises may be
taken up by the proper officer after granting registration and verification
report to be uploaded in Form GST REG-26.
Read more on the Draft Rules and Formats for Registration under GST at:
http://www.cbec.gov.in/resources//htdocs-cbec/gst/draft-registration-rules.pdf
http://www.cbec.gov.in/resources//htdocs-cbec/gst/draft-formats-under-registration-rules.pdf
II. Draft Rules and Formats for Payment under GST
Section 35 of the Model GST Act deals with payment of tax, interest, penalty and
other amounts. It provides that every deposit made by internet banking or by using
credit/debit cards or NEFT/RTGS or by any other mode, shall be credited to the
electronic cash ledger to be maintained in the manner prescribed. Further, the
amount of input tax credit as self-assessed in the return shall be credited to
electronic credit ledger etc.
In this regard, the Draft Rules for Payment under GST (“the Draft Payment Rules”)
along with Payment formats have been prescribed, salient features of which are as
follows-
 4 Rules for Payment Prescribed- The Draft Payment Rules have 4 Rules viz.
Electronic Tax Liability Register, Electronic Credit Ledger, Electronic Cash
Ledger and Identification number for each transaction.
 Forms of various electronic register/ledger- The electronic tax liability register
shall be maintained in FORM GST PMT-1, the electronic credit ledger in FORM
GST PMT-2 and the electronic cash ledger in FORM GST PMT-3.
 Mode of Payment of tax- Tax can be paid either through net banking, credit
or debit card, NEFT/RTGS, Over the Counter (“OTC”) [OTC payment only up to
Rs. 10,000per challan per tax period].
 Unique Identification Number (UIN)- A UIN shall be generated at the Common
Portal for each debit or credit to the electronic cash or credit ledger.

Generation of UIN for every transaction – to be correlated with tax liability
register.
 7 Forms for Payment prescribed -7 Forms for payment has been prescribed
(Form GST PMT-1 to Form GST PMT -6 and Form GST PMT-2A), namely-
S. No. Form No. Title of the Form
1. Form GST PMT-1
Electronic Tax Liability Register of Taxpayer
(Part–I: Return related liabilities)
Electronic Tax Liability Register of Taxpayer
(Part–II: Other than return related liabilities)
2. Form GST PMT-2 Electronic Credit Ledger
3. Form GST PMT-2A Order for re-credit of the amount to cash or credit ledger
4. Form GST PMT-3 Electronic Cash Ledger
5. Form GST PMT-4 Challan For Deposit of Goods and Services Tax
6. Form GST PMT-5 Payment Register of Temporary IDs/Un-registered Taxpayers
7. Form GST PMT-6 Application For Credit of Missing Payment (CIN not generated)
Read more on the Draft Rules and Formats for Payment under GST at:
http://www.cbec.gov.in/resources//htdocs-cbec/gst/draft-payment-rules.pdf
http://www.cbec.gov.in/resources//htdocs-cbec/gst/draft-formats-under-payment-rules.pdf
III. Draft Rules and Formats of Invoice under GST
Section 23 of the Model GST Act contains the provisions regarding tax invoice. Tax
invoice is an important document stating transaction of supply or agreement of
supply of goods and/or services.
The Draft Rules of Invoice under GST (“the Draft Invoice Rules”) along with Invoice
formats have now been put on Public domain. The salient features of the Draft
Invoice Rules and Formats are as follows-
 5 Rules for Invoice prescribed-The Draft Invoice Rules have 5 Rules viz. Tax
invoice, Manner of Issuing Invoice, Bill of supply, Supplementary tax invoice
and Credit or debit notes, Tax Invoice in special cases.
 Information to be filed in Tax Invoice-The Draft Invoice Rules provides that the
tax invoice which is to be issued by supplier shall have an extensive list of
information, numbering around 20 viz. name, address and GSTIN of the
supplier, HSN code of goods or Accounting Code of services, rate of tax
(CGST, SGST or IGST), place of delivery where the same is different from the
place of supply etc.

Also, in case of exports information such as name and address of the recipient,
address of delivery, name of the country of destination and number and date of
application for removal of goods for export [ARE-1] are also required to be given.
 Manner of issuing invoice- The invoice shall be prepared in triplicate, in case
of supply of goods, and in duplicate, in case of supply of services.
 Form for application for Electronic Reference Number of Invoice- Form GST
INV -1 has been prescribed in which a taxable person can apply for obtaining
Electronic Reference Number of an Invoice (valid for 30 days) and produce
the same for verification by the proper officer as required under Section 61 of
the Model GST Act instead of the tax invoice.
 Bill of supply-A registered taxable person supplying non-taxable goods
and/or services or paying tax under Composition scheme is required to issue,
bill of supply instead of a tax invoice. Bill of Supply, which is to be issued by
supplier shall have a list of information numbering around 12 viz. name,
address and GSTIN of the supplier, date of its issue, HSN Code of goods or
Accounting Code for services, description and value of goods or services etc.
 Time period for raising invoice- The Draft Invoice Rules provides for 30 days’
time limit for raising invoice from the date of supply of services. However, the
Model GST Act provides that for goods, the tax invoice is to be issued at the
time of supply.
Read more on the Draft Rules and Formats of Invoice under GST at:
http://www.cbec.gov.in/resources//htdocs-cbec/gst/draft-invoice-rules.pdf
http://www.cbec.gov.in/htdocs-cbec/gst/draft-formats-under-invoice-rules.pdf
IV. Draft Rules and Formats for Return under GST
A return is a statement of specified particulars relating to business activity
undertaken by the taxable person during a prescribed period. GST is a self-assessed
destination based consumption taxation system. Thus, the submission and processing
of return is an important link between the taxpayer and tax administration. Chapter
– VIII of the Model GST Act contains the provisions regarding returns.
The Draft Rules of Return under GST (“the Draft Return Rules”) along with Return
Formats have now been put on Public domain. The salient features of the Draft
Return Rules and Formats are as follows-
 25 Rules on Return prescribed- The Draft Return Rules have 25 Rules viz. Form
and manner of furnishing details of outward supplies and inward supplies,
Form and manner of submission of monthly return, quarterly return by the
composition supplier, return by non-resident taxable person, return by an
input service distributor, Notice to non-filers of returns, Refund of interest paid
on reclaim of reversal etc.
 27 Return forms prescribed-27 GST Returns/Statements have been prescribed
(Form GSTR- 1 to GSTR-11, Form GST-TRP-1 to Form GST-TRP-7 etc.), namely-

S. No. Form Number Content
1 Form GSTR-1 Details of outward supplies of taxable goods and/or services effected
2 Form GSTR-1A
Details of outward supplies as added, corrected or deleted by the
recipient
3 Form GSTR-2
Details of inward supplies of taxable goods and/or services claiming
input tax credit
4 Form GSTR-2A
Details of inward supplies made available to the recipient on the
basis of FORM GSTR-1 furnished by the supplier
5 Form GSTR-3
Monthly return on the basis of finalization of details of outward
supplies and inward supplies along with the payment of amount of
tax
6 Form GSTR-3A
Notice to a registered taxable person who fails to furnish return under
section 27 and section 31
7 Form GSTR-4 Quarterly Return for compounding Taxable persons
8 Form GSTR-4A
Details of inward supplies made available to the recipient registered
under composition scheme on the basis of FORM GSTR-1 furnished by
the supplier
9 Form GSTR-5 Return for Non-Resident foreign taxable person
10 Form GSTR-6 ISD return
11 Form GSTR-6A
Details of inward supplies made available to the ISD recipient on the
basis of FORM GSTR-1 furnished by the supplier
12 Form GSTR-7 Return for authorities deducting tax at source
13 Form GSTR-7A TDS Certificate
14 Form GSTITC-1
Communication of acceptance, discrepancy or duplication of input
tax credit claim
15 Form GSTR-8
Details of supplies effected through e-commerce operator and the
amount of tax collected as required under sub-section (1) of section
43C
16 Form GSTR-9 Annual return
17 Form GSTR-9A
Simplified Annual return by Compounding taxable persons registered
under Section 8
18 Form GSTR-9B Reconciliation Statement
19 Form GSTR-10 Final return
20 Form GSTR-11 Details of inward supplies to be furnished by a person having UIN

21 Form GST-TRP-1 Application for enrolment as Tax return preparer
22 Form GST-TRP-2 Enrolment certificate as Tax return preparer
23 Form GST-TRP-3 Show cause to as Tax return preparer
24 Form GST-TRP-4 Order of cancelling enrolment as Tax return preparer
25 Form GST-TRP-5 List of Tax return preparers
26 Form GST-TRP-6 Consent of taxable person to Tax return preparer
27 Form GST-TRP-7 Withdrawal of authorization to tax return preparer
 Forms for Outward Supplies and inward Supplies- Separate forms are
prescribed for outward supplies, inward supplies and the addition/deletion
thereunder.
 Number of Monthly Returns-Every registered taxable person has to furnish
minimum 3 Monthly returns along with annual return.
 Forms for taxable person, composition dealer, Non- resident taxable person
etc.-Distinct forms are prescribed for periodical returns by Regular Taxable
Persons, composition dealers, Non-resident taxable persons, Persons who are
required to deduct or collect tax at source etc.
 No time period for issuing SCN to non- filers of return-No time period has been
prescribed for issuing Notice to non- filers of return under Rule 9 of the Draft
Returns Rules.
 Annual return-Every registered taxable person shall furnish an annual return
electronically in FORM GSTR-9 through the Common Portal either directly or
from a FC, notified by the Board or Commissioner.
 Tax return preparers-The Draft Return Rules prescribe the conditions for
enrolment as tax return preparers.
Read more on the Draft Rules and Formats for Return under GST at:
http://www.cbec.gov.in/resources//htdocs-cbec/gst/draft-return-rules-26092016.pdf
http://www.cbec.gov.in/resources//htdocs-cbec/gst/draft-return-formats-26092016.pdf

V. Draft Rules and Formats for Refunds under GST
Section 38 of the Model GST Act contains the provisions regarding refund of tax. Any
person claiming refund of any tax and interest shall make an application before the
expiry of 2years from the relevant date in prescribed form.
The Draft Rules of Refunds under GST (“the Draft Refund Rules”) along with Refund
Formats have now been put on Public domain. The salient features of the Draft
Refund Rules and Formats are as follows-
 6 Refund Rules prescribed-The Draft Refunds Rules have 6 Rules viz. Refund of
tax, interest, penalty, fees or any other amount, Grant of provisional refund,
Order sanctioning refund, Refund of tax to certain persons etc.
 10 Refund Forms prescribed-10 Forms have been prescribed (Form GST RFD-
01- Form GST RFD- 10), namely-
1. GST RFD-01
Refund Application form
 Annexure 1 Details of Goods
 Annexure 2 Certificate by CA
2. GST RFD-02 Acknowledgement
3. GST RFD-03 Notice of Deficiency on Application for Refund
4. GST RFD-04 Provisional Refund Sanction Order
5. GST RFD-05 Refund Sanction/Rejection Order
6. GST RFD-06 Order for Complete adjustment of claimed Refund
7. GST RFD-07 Show cause notice for reject of refund application
8. GST RFD-08 Payment Advice

9. GST RFD-09 Order for Interest on delayed refunds
10. GST RFD-10 Refund application form for Embassy/International Organizations
 Form for Refund application- A common refund application is prescribed for
all refunds arising on various instances which is to be made in Form GST RFD-1
electronically through the Common Portal either directly or from a FC notified
by the Board or Commissioner.
 Refund relating to balance amount in electronic cash ledger- Claim for
refund of balance amount in the electronic cash ledger is to be made
through the return for the relevant tax period.
 Provisional refund- The Draft Refund Rules provides for a stipulation of
provisional refund within 7 days from the date of acknowledgement, where
the proper officer after scrutinizing the claim is prima facie satisfied. However,
such provisional refund, is only contemplated if the compliance rating of the
supplier is at least 5 (on scale of 10), amongst other conditions.
 Documentary evidence to be filled with refund application- Refund
application is to be accompanied by around 10 documentary evidence to
establish that a refund is due to applicant including a CA/CMA Certificate to
certify that incidence of the tax and interest, claimed refund, has not been
passed to any person, wherever applicable.
 Refund amount to be credited to bank account- Refunds will be directly
credited to the bank accounts of the tax payer as declared while obtaining
registration and as specified in the application for refund.
Read more on the Draft Rules and Formats for Refunds under GST at:
http://www.cbec.gov.in/resources//htdocs-cbec/gst/draft-refund-rules-26092016.pdf
http://www.cbec.gov.in/resources//htdocs-cbec/gst/draft-refund-formats-26092016.pdf

Draft GST Rules & Formats

Recomendados

Recomendados

Mais conteúdo relacionado

Mais procurados

Mais procurados (20)

Destaque

Destaque (18)

Semelhante a Draft GST Rules & Formats

Semelhante a Draft GST Rules & Formats (20)

Mais de Suhel Goel

Mais de Suhel Goel (12)

Último

Último (20)

Draft GST Rules & Formats