The Central Board of Indirect Taxes and Customs (CBIC) has notified the Central Goods and Services Tax (Fifth Amendment) Rules, 2022, on the recommendations of the 48th GST Council Meeting.
The Central Goods and Services Tax (Fifth Amendment) Rules, 2022 shall be effective on 26 December 2022.
1. PAN to be verified through separate one-time passwords
The Permanent Account Number shall be validated online by the common portal from the database maintained by the Central Board of Direct Taxes and shall also be verified through separate one-time passwords sent to the mobile number and email address linked to the PAN.
2. Verification Process For GST Registration Application Completion Via Biometric-Based Aadhaar Authentication And Photograph Applicable Only In Gujarat
Every application made by a person who has opted for authentication of their Aadhaar number and is identified on the common portal, based on data analysis and risk parameters, shall be followed by biometric-based Aadhaar authentication and the taking of photographs of the applicant.
3. Reversal of input tax credit in the case of non-payment of tax by the supplier and re-availment
The Board has notified Rule 37A, which prescribes reversal of input tax credit in the case of non-payment of tax by the supplier and re-availment. Rule 37A in the CGST Rules, 2017 prescribes the mechanism for reversal of input tax credit by a registered person in the event of non-payment of tax by the supplier by a specified date and the mechanism for re-availment of such credit, if the supplier pays tax subsequently. This would make it easier to meet the condition for claiming an input tax credit under Section 16(2)(c) of the CGST Act, 2017.
4. Manner of dealing with difference in liability reported in the statement of outward supplies and that reported in the return
The Board has notified Rule 88C which prescribes the manner of dealing with differences in liability reported in a statement of outward supplies and that reported in return. In the event that GSTR-1 and GSTR-3B filings are inconsistent, this is likely to have an impact on the taxpayers. Taxpayers will be responsible for ensuring compliance.
5. Timely processing of appeals and easing the compliance burden
Sub-rule (3) of rule 108 and rule 109 of the CGST Rules, 2017 were amended to provide clarity on the requirement of the submission of a certified copy of the order appealed against and the issuance of a final acknowledgement by the appellate authority. This would facilitate the timely processing of appeals and ease the compliance burden for the appellants.
Original copy of the notification has been attached herewith