{"id":7261,"date":"2022-01-31T13:53:14","date_gmt":"2022-01-31T13:53:14","guid":{"rendered":"https:\/\/www.gstworld.co.in\/blog\/?p=341"},"modified":"2022-06-06T08:54:49","modified_gmt":"2022-06-06T07:54:49","slug":"changes-in-gst-laws-effective-from-1st-january-2022","status":"publish","type":"post","link":"https:\/\/www.klickongstworld.com\/blog\/changes-in-gst-laws-effective-from-1st-january-2022\/","title":{"rendered":"Changes in GST Laws effective from 1st January, 2022"},"content":{"rendered":"<p align=\"justify\">Starting January 1,  2022, several key  amendments in the goods and services tax (GST) regime will be implemented as some of the provisions  of Finance Act 2021 have been notified to be implemented. Also some other changes have  been made based on the recommendation of the GST Council in its 45th&nbsp;meeting. The list of changes being  made effective from 1st of January, 2022 is as below:<br \/>\n      <strong>G<\/strong><strong>oods and Services  Tax Act 2017<\/strong><strong> <\/strong><br \/>\n      <strong>Change 1:<\/strong> section 7, in sub-section  (1), after clause (a), the following clause shall be inserted and shall be  deemed to have been inserted with effect from the 1st day of July, 2017,  namely: <br \/>\n    &#8220;(aa) the activities or  transactions, by a person, other than an individual, to its members or  constituents or vice-versa, for cash, deferred payment or other valuable  consideration. <br \/>\n  <strong>Explanation.-<\/strong> For the purposes of this  clause, it is hereby clarified that, notwithstanding anything contained in any  other law for the time being in force or any judgment, decree or order of any  Court, tribunal or authority, the person and its members or constituents shall  be deemed to be two separate persons and the supply of activities or  transactions inter se shall be deemed to take place from one such person to  another;&#8221;.<br \/>\n  <strong>Comments:<\/strong> The Government made a  retrospective amendment in the GST law by way of inserting clause (aa) to Sec.  7(1) of the CGST Act, 2017 which deals with the scope of supply chargeable to  tax to the effect that the activities or transactions, by a person, other than  an individual, to its members or constituents or vice -versa, for consideration  shall be included in the scope of supply and hence shall be leviable to tax. <br \/>\n    An Explanation has also  been inserted to introduce a deeming fiction to provide that such person and  its members or constituents shall be deemed to be two separate persons and the supply  of activities or transactions inter se shall be deemed to take place from one  such person to another. <br \/>\n    The aforementioned  retrospective amendment shall be deemed to have been made with effect from the  1st day of July, 2017. <br \/>\n    Therefore, the clubs\/associations  should review their affairs in respect of the given issue and determine the  liabilities to be discharged and other consequential issues as regards the  claim of ITC as well as the applicability of interest in respect of delayed  payment of tax. <br \/>\n  <strong>Change 2:<\/strong> In section 16 of the  Central Goods and Services Tax Act, in sub-section (2), after clause (a), the  following clause shall be inserted, namely: &#8220;(aa) the details of the invoice or  debit note referred to in clause (a) has been furnished by the supplier in the  statement of outward supplies and such details have been communicated to the  recipient of such invoice or debit note in the manner specified under section  37;&#8221;.<br \/>\n  <strong>Comments:<\/strong> Sec. 16(2) of the CGST  Act, 2017 deals with the conditions to be fulfilled to be eligible for ITC. An  amendment has been made in the law by way of inserting a new clause (aa) to the  said Sec. 16(2). The new condition mandates that ITC shall be eligible only if  the details of the invoice or debit note has been furnished by the supplier in  the statement of outward supplies i.e. GSTR 1 and the same have been  communicated to the recipient of such invoice or debit note in the manner  specified under section 37.<br \/>\n    The said amendment is a  prospective amendment and hence shall come into effect from 01.01.2022.  Therefore the eligibility of ITC to be availed on and after 01.01.2022 shall be  determined taking the new condition into account.<br \/>\n    The given amendment  validates that furnishing of the details in GSTR 1 was never a condition to  determine the eligibility of ITC prior to 01.01.2022. <br \/>\n    It is expected that now the  addition of the new condition mandating the furnishing of the details in GSTR 1  in order to be eligible for ITC will lead to the removal of even the 5% limit  that is presently available under the given Rule.<br \/>\n    It is highly advisable to  avail ITC only if the details in relation to invoices or debit notes have been  furnished by the supplier in the statement of outward supplies i.e. GSTR 1 and  the same have been communicated to the recipient of such invoice or debit note  in the manner specified under section 37.<br \/>\n  <strong>Change 3:<\/strong> In section 74 of the  Central Goods and Services Tax Act, in Explanation 1, in clause (ii), for the  words and figures &#8220;sections 122, 125, 129 and 130&#8221;, the words and figures  &#8220;sections 122 and 125&#8221; shall be substituted. <br \/>\n  <strong>Comments: <\/strong>Sec. 74 of the CGST Act,  2017 grants an option to a person to conclude the proceedings for recovery  subject to making the stipulated payment of the tax\/interest\/penalty within the  stipulated time. <br \/>\n    Clause (ii) of the  Explanation 1 to Sec. 74 clarifies that if the proceedings against the main  person are concluded, then proceedings against all persons in respect of  penalty (including penalty imposed for E-way bill violations u\/s 129 and 130)  shall also deem to be concluded. <br \/>\n    Now the amendment provides  that the penalty imposed for E-way bill violations u\/s 129 and 130 shall not be  deemed to be concluded under the proceedings initiated u\/s 73 or 74. <br \/>\n    Therefore w.e.f. 01.01.2022  the proceedings initiated u\/s 129 &amp; 130 for Eway bill violations shall be  independent proceedings and closure of parallel proceedings u\/s 73 or 74 (in  respect of any person including the subject person) shall not result in the  deemed closure of the proceedings initiated u\/s 129 &amp; 130.<br \/>\n  <strong>Change 4:<\/strong> In section 75 of the  Central Goods and Services Tax Act, in sub-section (12), the following  Explanation shall be inserted, namely: Explanation.- For the purposes of this  sub-section, the expression &#8220;self-assessed tax&#8221; shall include the tax payable  in respect of details of outward supplies furnished under section 37, but not  included in the return furnished under section 39.<br \/>\n  <strong>Comments: <\/strong>W.e.f. 01.01.2022 the term  &#8220;self-assessed tax&#8221; under Explanation to Sec. 75 of the CGST Act, 2017 shall  include the tax payable on supplies in respect of which the details have been  furnished by the taxpayer in GSTR 1 but the same has not been included in the  GSTR 3B and hence not paid.<br \/>\n    The aforesaid amendment aims to  curb the practice of fake billing whereby sellers show higher sales in GSTR-1  to enable a purchaser to claim an input tax credit (ITC) but report suppressed  sales in GSTR-3B to lower GST liability. <br \/>\n    The aforesaid amendment  shall allow the department to directly initiate the recovery action as regards  the said self -assessed liability. <br \/>\n    We are worried that  the aforesaid amendment would  lead to hostile recovery actions from the tax department even for relatively  frivolous\/minor cases of mismatch for otherwise compliant players. Therefore,  the Central Board of Indirect Taxes and Customs (CBIC) should give a  &#8220;reasonable time&#8221; to businesses to explain the reasons for such mismatch as situations wherein errors  have been committed in GSTR 1 which can be rectified only at the time of filing  the next GSTR 1, result in undue reporting of excess liability, are required to  be excluded from the said definition as rectification of GSTR 1 is duly  permissible in GST laws.<br \/>\n  <strong>Change 5:<\/strong> In section 83 of the  Central Goods and Services Tax Act, for sub-section (1), the following  sub-section shall be substituted, namely: &#8220;(1) Where, after the initiation of  any proceeding under Chapter XII, Chapter XIV or Chapter XV, the Commissioner  is of the opinion that for the purpose of protecting the interest of the  Government revenue it is necessary so to do, he may, by order in writing,  attach provisionally, any property, including bank account, belonging to the  taxable person or any person specified in sub-section (1A) of section 122, in  such manner as may be prescribed.&#8221;<br \/>\n  <strong>Comments: <\/strong>Provisional  attachment u\/s 83 of the CGST Act, 2017 can be undertaken by the department  only during the pendency of the stipulated proceedings. In other words,  provisional attachment cannot be undertaken if the stipulated proceedings are  not pending. <br \/>\n    Now w.e.f. 01.01.2022 Sec. 83(1) is substituted to the  effect that the provisional attachment can be undertaken after the initiation  of any proceeding under Chapter XII, Chapter XIV or Chapter XV if the  Commissioner is of the opinion that the same is necessary to protect the  revenue. <\/p>\n<p align=\"justify\">The aforesaid amendment has been made to empower the Commissioner to provisionally  attach property of taxable person or any other person who is the beneficiary of  the transaction, after initiation of the proceedings.<\/p>\n<p align=\"justify\">We express a concern regarding the potential for  abuse of this draconian power to coerce taxpayers into depositing tax demands  without following the due process of law. The aforesaid amendment should be  challenged in court on grounds of constitutional validity as the sweep of the draconian  powers is expanded to permit provisional attachment on mere initiation of the  proceedings and that too the proceedings covered under multiple Chapters i.e.  assessment, inspection, search, seizure and arrest, demands and recovery.<br \/>\n      <strong>Change 6:<\/strong> In section 107 of the  Central Goods and Services Tax Act, in sub-section (6), the following proviso  shall be inserted, namely: &#8220;Provided that no appeal shall be filed against an  order under sub-section (3) of section 129, unless a sum equal to twenty-five  per cent. of the penalty has been paid by the appellant.&#8221;<br \/>\n      <strong>Comments: P<\/strong>recently Sec. 107(6) of the  CGST Act, 2017 provides for making a pre-deposit a sum equal to ten per cent.  of the remaining amount of tax in dispute arising from the said order subject  to a maximum of twenty-five crore rupees, in relation to which the appeal has  been filed.<br \/>\n    The aforesaid amendment has  been made in the context of the orders passed u\/s 129(3) for E-way bill  violations to provide that the quantum of the pre-deposit in such cases shall  be equal to 25% of the penalty ordered to be paid. <br \/>\n    There is no amendment u\/s  112(8). Hence, there will be no further pre-deposit for filing the appeals to Appellate Tribunal in such cases  i.e. order u\/s 129(3).<br \/>\n  <strong>Change 7:<\/strong> In section 129 of the  Central Goods and Services Tax Act,<br \/>\n    (i) in sub-section (1), for  clauses (a) and (b), the following clauses shall be substituted, namely: &#8220;(a)  on payment of penalty equal to two hundred per cent. of the tax payable on such  goods and, in case of exempted goods, on payment of an amount equal to two per  cent. of the value of goods or twenty-five thousand rupees, whichever is less,  where the owner of the goods comes forward for payment of such penalty; <br \/>\n    (b) on payment of penalty  equal to fifty per cent. of the value of the goods or two hundred per cent. of  the tax payable on such goods, whichever is higher, and in case of exempted  goods, on payment of an amount equal to five per cent. of the value of goods or  twenty-five thousand rupees, whichever is less, where the owner of the goods  does not come forward for payment of such penalty;&#8221;<br \/>\n    (ii) sub-section (2) shall  be omitted; <br \/>\n    (iii) for sub-section (3),  the following sub-section shall be substituted, namely: &#8220;(3) The proper officer  detaining or seizing goods or conveyance shall issue a notice within seven days  of such detention or seizure, specifying the penalty payable, and thereafter,  pass an order within a period of seven days from the date of service of such  notice, for payment of penalty under clause (a) or clause (b) of sub-section  (1).&#8221;; <br \/>\n    (iv) in sub-section (4),  for the words &#8220;No tax, interest or penalty&#8221;, the words &#8220;No penalty&#8221; shall be  substituted; <br \/>\n    (v) for sub-section (6),  the following sub-section shall be substituted, namely: &#8220;(6) Where the person  transporting any goods or the owner of such goods fails to pay the amount of  penalty under sub-section (1) within fifteen days from the date of receipt of the  copy of the order passed under sub-section (3), the goods or conveyance so  detained or seized shall be liable to be sold or disposed of otherwise, in such  manner and within such time as may be prescribed, to recover the penalty  payable under sub-section (3): Provided that the conveyance shall be released  on payment by the transporter of penalty under sub-section (3) or one lakh  rupees, whichever is less: Provided further that where the detained or seized  goods are perishable or hazardous in nature or are likely to depreciate in  value with passage of time, the said period of fifteen days may be reduced by  the proper officer.&#8221;. <br \/>\n  <strong>Comments :<\/strong> The amendments in  section 129 are as follows:<\/p>\n<div align=\"justify\">\n<ul type=\"disc\">\n<li>Section       129(1): 200 percent penalty is required to be paid to release the goods       that are seized in contravention of the provisions of this Act or the       rules made thereunder as       against earlier provision for payment of the applicable tax and       penalty equal to one hundred per cent. of the tax payable on such goods       and, in case of exempted goods, on payment of an amount equal to two per       cent. of the value of goods or twenty-five thousand rupees, whichever is       less, where the owner of the goods comes forward for payment of such tax       and penalty; <\/li>\n<li>Section 129(2) has been deleted, read as &#8211; &#8220;The       provisions of sub-section (6)       of section 67 shall, mutatis       mutandis, apply for detention and seizure of goods and       conveyances.&#8221; <\/li>\n<li>Section 129(3): The amendment Specifies the period of issuance of       notice i.e. seven days and passing of order i.e. seven days under Section       129(3) of the CGST Act, 2017. <\/li>\n<li>Section 129(4): The aforesaid amendment provides that No penalty       shall be determined without giving opportunity of hearing. Whereas earlier       No tax, interest or penalty were to be determined without giving       opportunity of hearing.<\/li>\n<li>Section 129(6): The amendment Specifies time limit of fifteen days for       selling \/ disposing the goods or conveyance so detained or seized. <\/li>\n<\/ul><\/div>\n<p align=\"justify\"><strong>Change 8:<\/strong> In section 130 of the  Central Goods and Services Tax Act,<br \/>\n    (a) in sub-section (1), for  the words &#8220;Notwithstanding anything contained in this Act, if &#8220;, the word  &#8220;Where&#8221; shall be substituted; <br \/>\n    (b) in sub-section (2), in  the second proviso, for the words, brackets and figures &#8220;amount of penalty  leviable under sub-section (1) of section 129&#8221;, the words &#8220;penalty equal to  hundred per cent. of the tax payable on such goods&#8221; shall be substituted; <br \/>\n    (c) sub-section (3) shall  be omitted. <br \/>\n  <strong>Comments: <\/strong>W.e.f. 01.01.2022, Sec. 130  dealing with the confiscation of goods or conveyance shall be completely  de-linked from the provisions related to detention or seizure contained u\/s  129. Hence confiscation can be made only if the situations specified u\/s 130(1)  are satisfied independent of Sec. 129(1). <br \/>\n    An amendment has been made  u\/s 130(2) to provide that the amount of fine payable by the person in lieu of  confiscation shall be as the officer thinks fit but the aggregate of such fine  and penalty leviable shall not be less than the penalty equal to hundred per  cent. of the tax payable on such goods. However such fine leviable shall not  exceed the market value of the goods confiscated, less the tax chargeable  thereon.<br \/>\n    Presently Sec. 130(3)  provides that even if the fine in lieu of confiscation of goods or conveyance is  imposed u\/s 130(2), the owner of goods or conveyance or the person referred to  in sub-section (1) shall in  addition be liable to pay the tax, penalty and charges in respect of the given  goods\/conveyance. <br \/>\n    The aforesaid provisions  mandate further payment of tax, penalty and charges in addition of what has  been paid as a fine. the said provisions have been omitted w.e.f. 01.01.2022.<br \/>\n  <strong>Change 9:<\/strong> For section 151 of the  Central Goods and Services Tax Act, the following section shall be substituted,  namely: <strong>Power to call for information<\/strong>. &#8220;151. The Commissioner or an  officer authorised by him may, by an order, direct any person to furnish  information relating to any matter dealt with in connection with this Act,  within such time, in such form, and in such manner, as may be specified  therein.&#8221;. <br \/>\n  <strong>Comments:<\/strong> Presently Sec. 151 of the  CGST Act, 2017 grants power to the Commissioner to issue a notification to  collect statistics relating to any matter dealt with by or in connection with GST.  Further, the Commissioner, or any person authorised by him in this behalf, may  call upon the concerned persons to furnish such information or returns, in such  form and manner as may be prescribed, relating to any matter in respect of  which statistics is to be collected. <br \/>\n    Now w.e.f. 01.01.2022 the amended  provisions empower to the Commissioner to issue an order and direct any person  to furnish information relating to any matter connected with GST within such  time, in such form, and in such manner, as may be specified therein.<br \/>\n  <strong>Change 10:<\/strong> In section 152 of the  Central Goods and Services Tax Act,<br \/>\n    (a) in sub-section (1),<br \/>\n    (i) the words &#8220;of any  individual return or part thereof&#8221; shall be omitted; <br \/>\n    (ii) after the words &#8220;any  proceedings under this Act&#8221;, the words &#8220;without giving an opportunity of being  heard to the person concerned&#8221; shall be inserted; <br \/>\n    (b) sub-section (2) shall  be omitted. <br \/>\n  <strong>Comments:<\/strong> Presently Sec. 152(1) of  the CGST Act, 2017 provides that information in respect of any individual  return or part thereof obtained for the purposes of Sec. 150 (furnishing of  information return by specified authorities such as income tax, banks, etc.) or  Sec. 151 (power to seek information related to any matter under GST) cannot be  published in such manner so as to enable such particulars to be identified as  referring to a particular person and no such information shall be used for the  purpose of any proceedings under this Act. <br \/>\n    Now w.e.f. 01.01.2022 the  said provisions shall apply in respect of any information obtained for the  purposes of Sec. 150 or 151 and not limited to only information in respect of  any individual return or part thereof. Further, the information so obtained can  now be used for any proceedings under the law but only after giving an  opportunity of being heard to the concerned person. <br \/>\n    In view of the aforesaid  amendment u\/s 152(1) allowing the use of the information gathered for any  proceedings under the law, Sec. 152(2) that presently allows access to the  information for the purpose of prosecution stands redundant and hence omitted.<br \/>\n    The given amendments shall  pave way for the department to issue notices merely based on a mismatch with  the data gathered from other sources (such as income tax, etc.). <br \/>\n  <strong>Change 11:<\/strong> In section 168 of the  Central Goods and Services Tax Act, in sub-section (2),<br \/>\n    (i) for the words, brackets  and figures &#8220;sub-section (1) of section 44&#8221;, the word and figures &#8220;section 44&#8221;  shall be substituted; <br \/>\n    (ii) the words, brackets  and figures &#8220;sub-section (1) of section 151,&#8221; shall be omitted. <br \/>\n  <strong>Comments:<\/strong> Sec. 168(2) provides that  the Commissioner specified in the stipulated provisions including Sec. 44(1)  and Sec. 151(1) shall mean the Commissioner or Joint Secretary posted in the  Board. <br \/>\n    In view of the recasting of  Sec. 44 (self-certification of annual return as well as reconciliation  statement), the present reference u\/s 168(2) to Sec. 44(1) is amended to Sec.  44. <br \/>\n    Now the reference to Sec.  151(1) is omitted u\/s 168(2) and hence the Commissioner u\/s 168(2) shall mean  the Commissioner u\/s 2(24) that means the Commissioner of Central Tax and  includes Principal Commissioner of central tax appointed under section 3.<br \/>\n  <strong>Change 12:<\/strong> In Schedule II of the  Central Goods and Services Tax Act, paragraph 7 shall be omitted and shall be  deemed to have been omitted with effect from the 1st day of July, 2017. <br \/>\n  <strong>Comments: <\/strong>Presently paragraph 7 of  Schedule II provides that the supply of goods by any unincorporated association  or body of persons to a member thereof for cash, deferred payment or other  valuable consideration shall be treated as supply of goods. <br \/>\n    In view of the  retrospective amendment by way of inserting clause (aa) to Sec. 7(1) to broaden the  definition of &#8216;supply&#8217; by including the activities or transactions, by a person, other than  an individual, to its members or constituents or vice-versa, for cash, deferred  payment or other valuable consideration, paragraph 7 which is applicable only  in respect of unincorporated association or body of persons and not in respect  of all associations\/clubs and hence omitted.<br \/>\n  <strong>G<\/strong><strong>oods and Services  Tax Rules 2017<\/strong><br \/>\n    Notification No.&nbsp;  40\/2021 &#8211; Central Tax dt. 29.12.2021 has been issued to amend the CGST Rules,  2017 to compliment the amendments made in the CGST Act, 2017 that has been  brought into force w.e.f. 01.01.2022.<br \/>\n    The changes in Goods and Services  Tax Rules 2017 being  made effective from 1st of January, 2022 are as below:<br \/>\n  <strong>Change  1: <\/strong>Rule  10B has been inserted to make mandatory  Aadhaar authentication for GST revocation and refund application with effect  from January 1, 2022. It is now mandatory for the registered person to undergo  Aadhaar authentication for the following purposes:<\/p>\n<div align=\"justify\">\n<ul type=\"disc\">\n<li>Filing       of application for revocation or cancellation of registration in FORM GST       REG-21 under Rule 23 of CGST Rules, 2017.<\/li>\n<li>Filing       of refund application in FORM RFD-01 under Rule 89 of CGST Rules, 2017.<\/li>\n<li>Refund       of the IGST paid on goods exported out of India under Rule 96 of CGST       Rules, 2017.<\/li>\n<\/ul><\/div>\n<p align=\"justify\">Aadhaar authentication or e-KYC verification before filing of refund may  be done by accessing the &#8220;Dashboard &gt; My Profile &gt; Aadhaar Authentication  Status on the GST portal.<\/p>\n<p align=\"justify\"><strong>Change 2<\/strong>: Rule 36(4) has been amended to  give effect that No  input tax credit shall be availed by a registered person in respect of invoices  or debit notes the details of which are required to be furnished under  subsection (1) of section 37 unless,- <br \/>\n    (a)the details of such invoices or debit notes have been  furnished by the supplier in the statement of outward supplies in FORM GSTR-1  or using the invoice furnishing facility; and <br \/>\n    (b)the details of such invoices or debit notes have been  communicated to the registered person in FORM GSTR-2B under sub-rule (7) of  rule 60.<br \/>\n    Consequently, the five percent  limit mentioned in Rule 36(4) is now irrelevant as the recipient would not be  able to take any ITC if the same is not reflected in the recipient&#8217;s GSTR-2A  and\/or 2B.<br \/>\n  <strong>Change 3<\/strong>: Rule 142 has been amended  to amend the time limit of payment of 200% of the tax payable on detainted or seized  goods in transit to be 7 days from date of notice but before the issuance of  order under the said sub-section 129 (3).<br \/>\n    The time limit of issuance  of notice upon detention or seizure of goods in transit is seven days under  section 129(3). <br \/>\n    As per Rule 142, the person  chargeable with tax earlier had fourteen days from the date of the seizure or  detention to make payment of tax, interest, and penalty as the case may be.  Now, the time limit is within seven days and the above amount is payable within  seven days from the date of issuance notice u\/s 129(3) but before the issuance  of order under the said sub-section (3). <br \/>\n    Earlier the time period of  fourteen days started the date of detention or seizure and intimate in Form GST  DRC-03. Now, This is to be done before the issuance of an order by the proper  officer under the said sub-section (3). <br \/>\n  <strong>Change  4<\/strong>: Rule  144A has been inserted w.e.f. 01.01.2022 to bring provisions for Recovery of  penalty on detention or seizure of goods in transit through auction and  delinking of confiscation provision.<\/p>\n<p align=\"justify\">Where  the person transporting any goods or the owner of such goods fails to pay the  amount of penalty under sub-section (1) of section 129 within fifteen days from  the date of receipt of the copy of the order passed under sub-section (3) of  the said section 129, the proper officer shall proceed for sale or disposal of  the goods or conveyance so detained or seized by preparing an inventory and  estimating the market value of such goods or conveyance.<\/p>\n<p align=\"justify\">Where  the detained or seized goods are perishable or hazardous in nature or are  likely to depreciate in value with passage of time, the said period of fifteen  days may be reduced by the proper officer.<\/p>\n<p align=\"justify\">The  said goods or conveyance shall be sold through a process of auction, including  e-auction, for which a notice shall be issued in FORM GST DRC10 clearly  indicating the goods or conveyance to be sold and the purpose of sale.<br \/>\n    Where  the person transporting said goods or the owner of such goods pays the amount  of penalty under sub-section (1) of section 129, including any expenses  incurred in safe custody and handling of such goods or conveyance, after the  time period mentioned in sub-rule (1) but before the issuance of notice under  this sub-rule, the proper officer shall cancel the process of auction and  release such goods or conveyance. <br \/>\n  <strong>Change 5:<\/strong> Rule 154 has been amended  w.e.f. 01.01.2022 to deal with the provision of appropriation of sale proceeds  realized from the sale of goods or conveyance for recovery of penalty under  section 129(3).<br \/>\n    The amounts so realised  from the sale of goods or conveyance, movable or immovable property, for the  recovery of dues from a defaulter or for recovery of penalty payable under  sub-section (3) of section 129 shall,-<br \/>\n    First, be appropriated  against the administrative cost of the recovery process; <br \/>\n    Next, be appropriated  against the amount to be recovered or to the payment of the penalty payable  under sub-section (3) of section 129, as the case may be; <br \/>\n    Next, be appropriated  against any other amount due from the defaulter under the Act or the Integrated  Goods and Services Tax Act, 2017 or the Union Territory Goods and Services Tax  Act, 2017 or any of the State Goods and Services Tax Act, 2017 and the rules  made thereunder; and <br \/>\n    The balance, if any, shall  be credited to the electronic cash ledger of the owner of the goods or  conveyance as the case may be, in case the person is registered under the Act,  and where the said person is not required to be registered under the Act, the  said amount shall be credited to the bank account of the person concerned.<br \/>\n  <strong>Change 6:<\/strong> Rule 159(2); (3); (4) and  (5) regarding provisional attachment of property has been amended w.e.f.  01.01.2022.<br \/>\n    As section 83 of CGST Act,  now authorizes the Commissioner with a wide power to provisionally attach the  property of a taxable person or any person who retains the benefit of a  transaction in question [specified in section 122(1A)] to protect the interest  of the government revenue. <br \/>\n    Accordingly, The amendments  in Rule 159 now provide that a copy of the order GST DRC-22 of attachment to be  sent to the person whose property is being so attached in addition to erstwhile  requirement of sending a copy to the concerned authorities. <br \/>\n    Further, A new Form GST DRC  -22A has been notified for filing objection by the person whose property is  being so attached.<br \/>\n  <strong>Other important changes <\/strong><strong> <\/strong><br \/>\n  <strong>Change 1 : <\/strong><strong>GST changes that  impact e-commerce operators- <\/strong>Notification No. 17\/2021-Central Tax (Rate) dated 18th  November, 2021 has amended Notification  No.17\/2017- Central Tax (Rate), dated the 28th June, 2017 wherein the supply of restaurant service  other than the services supplied by restaurant, eating joints etc. located at  specified premises has been added as the categories of services, the tax on  intra-State supplies shall be paid by the electronic commerce operator. <br \/>\n    This implies that the food aggregators \/ e-commerce  platforms using transportation service like Zomato, Swiggy etc. are liable to  pay tax on restaurant services effective January 1, 2022. The liability to pay  taxes on the non-restaurant services as per this directive still lies with the  restaurants themselves.<br \/>\n    As per the latest notification, Zomato, Swiggy,  etc. shall be responsible for charging, collecting, and paying GST at the rate  of five percent on supply of &#8220;restaurant services&#8221; made by such restaurant  through the e-commerce platform.<\/p>\n<p align=\"justify\" style=\"text-align:center\"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/www.gstworld.co.in\/blog\/wp-content\/uploads\/2022\/01\/clip_image004.png\" alt=\"\" width=\"601\" height=\"285\" class=\"alignnone size-full wp-image-343\" srcset=\"https:\/\/www.klickongstworld.com\/blog\/wp-content\/uploads\/2022\/01\/clip_image004.png 601w, https:\/\/www.klickongstworld.com\/blog\/wp-content\/uploads\/2022\/01\/clip_image004-300x142.png 300w\" sizes=\"(max-width: 601px) 100vw, 601px\" \/><\/p>\n<p align=\"justify\">Change 2 : Notification  No.21\/2021-Central Tax (Rate) dated 31st December, 2021 has notified 6% GST  Rate on Footwear of sale value not exceeding Rs.1000 per pair.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>2022\/01\/clip_image002.jpg<\/p>\n","protected":false},"author":1,"featured_media":342,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"_links":{"self":[{"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/posts\/7261"}],"collection":[{"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/comments?post=7261"}],"version-history":[{"count":1,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/posts\/7261\/revisions"}],"predecessor-version":[{"id":7408,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/posts\/7261\/revisions\/7408"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/media\/342"}],"wp:attachment":[{"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/media?parent=7261"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/categories?post=7261"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/tags?post=7261"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}