{"id":9190,"date":"2023-08-02T07:11:54","date_gmt":"2023-08-02T06:11:54","guid":{"rendered":"https:\/\/www.klickongstworld.com\/blog\/?p=9190"},"modified":"2023-08-02T07:35:05","modified_gmt":"2023-08-02T06:35:05","slug":"notifications-issued-by-cbic-on-31st-july-2023-brief-analysis","status":"publish","type":"post","link":"https:\/\/www.klickongstworld.com\/blog\/notifications-issued-by-cbic-on-31st-july-2023-brief-analysis\/","title":{"rendered":"Notifications issued by CBIC on 31st July 2023 &#8211; Brief analysis"},"content":{"rendered":"<style type=\"text\/css\">\n<!--\n.style1 {\n\tcolor: #0000FF;\n\tfont-weight: bold;\n}\n-->\n<\/style>\n<p align=\"center\"><span class=\"style1\">The  provisions of section 123 of the Finance Act, 2021 shall come into force <\/span><\/p>\n<p align=\"justify\">CBIC vide&nbsp;<a href=\"https:\/\/www.klickongstworld.com\/uploads\/CGST\/TaxNotification\/1690898105.pdf\"><strong>Notification  No. 27\/2023- Central Tax dated July 31, 2023<\/strong><\/a>, in  exercise of the powers conferred by clause (b) of sub-section (2) of Section 1  of the Finance Act, 2021 (13 of 2021), appoints October 01, 2023, as the date  on which the provisions of section 123 of the said Act shall come into force.<\/p>\n<p align=\"justify\">Accordingly,  in section 16 of the IGST Act, in sub-section (1), in clause (b), after the words &#8220;supply of  goods or services or both&#8221;, the words &#8220;for authorised operations&#8221; shall be  inserted;<\/p>\n<p align=\"justify\">Further, for  sub-section (3), the following sub-sections shall be substituted.<\/p>\n<p align=\"justify\"><em>&#8220;(3)  A registered person making zero rated supply shall be eligible to claim refund  of&nbsp; unutilised input tax credit on supply of goods or services or both,  without payment of&nbsp; integrated tax, under bond or Letter of Undertaking,  in accordance with the provisions of section 54 of the Central Goods and  Services Tax Act or the rules made thereunder,&nbsp; subject to such  conditions, safeguards and procedure as may be prescribed:<\/em><\/p>\n<p align=\"justify\"><em>Provided  that the registered person making zero rated supply of goods shall, in case  of&nbsp; non-realisation of sale proceeds, be liable to deposit the refund so  received under this&nbsp; sub-section along with the applicable interest under  section 50 of the Central Goods and Services Tax Act within thirty days after  the expiry of the time limit prescribed under the Foreign Exchange Management  Act, 1999 (42 of 1999.) for receipt of foreign exchange remittances, in such  manner as may be prescribed.<\/em><\/p>\n<p align=\"justify\"><em>(4)  The Government may, on the recommendation of the Council, and subject to  such&nbsp; conditions, safeguards and procedures, by notification, specify<\/em><\/p>\n<p align=\"justify\"><em>(i)  a class of persons who may make zero rated supply on payment of integrated tax  and claim refund of the tax so paid;<\/em><\/p>\n<p align=\"justify\"><em>(ii)  a class of goods or services which may be exported on payment of integrated tax  and the supplier of such goods or services may claim the refund of tax so  paid.&#8221;<\/em> <\/p>\n<p align=\"justify\">Section 16 of the IGST Act, before the amendment, is read as- <\/p>\n<p align=\"justify\"><em>&#8220;(3)  A registered person making zero rated supply shall be eligible to claim refund  under either of the following options, namely:<\/em><\/p>\n<p align=\"justify\"><em>(a)  he may supply goods or services or both under bond or Letter of Undertaking,  subject to such conditions, safeguards and procedure as may be prescribed,  without payment of integrated tax and claim refund of unutilised input tax  credit; or<\/em><\/p>\n<p align=\"justify\"><em>(b)  he may supply goods or services or both, subject to such conditions, safeguards  and procedure as may be prescribed, on payment of integrated tax and claim  refund of such tax paid on goods or services or both supplied, in accordance  with the provisions of section 54 of the Central Goods and Services Tax Act or  the rules made thereunder.&#8221;<\/em><\/p>\n<p align=\"center\"><span class=\"style1\">The  provisions of sections 137 to 162 of the Finance Act, 2023 (8 of 2023) shall  come into force <\/span><\/p>\n<p align=\"justify\">The CBIC has notified <a href=\"https:\/\/www.klickongstworld.com\/uploads\/CGST\/TaxNotification\/1690898069.pdf\"><strong>Notification  No. 28\/2023- Central Tax dated July 31, 2023 <\/strong><\/a>to  appoint the date on which the provisions of sections 137 to 162 of the Finance  Act, 2023 (8 of 2023) shall come into force.<\/p>\n<p align=\"justify\">The  Central Government has appointed the 1st day of October, 2023, as the date on  which the provisions of sections 137 to 162 (except sections 149 to 154) of the  said Act shall come into force.<\/p>\n<p align=\"justify\"><strong>Provisions that will come into effect from  October 01, 2023 &#8211; Central Goods and Service Tax<\/strong> <\/p>\n<p align=\"justify\">Section  137:&nbsp;&nbsp;&nbsp; Amendment of section 10. <br \/>\n  Section  138:&nbsp;&nbsp;&nbsp; Amendment of section 16. <br \/>\n  Section  139:&nbsp;&nbsp;&nbsp; Amendment of section 17. <br \/>\n  Section  140:&nbsp;&nbsp;&nbsp; Amendment of section 23. <br \/>\n  Section  141:&nbsp;&nbsp;&nbsp; Amendment of section 30. <br \/>\n  Section  142:&nbsp;&nbsp;&nbsp; Amendment of section 37. <br \/>\n  Section  143:&nbsp;&nbsp;&nbsp; Amendment of section 39. <br \/>\n  Section  144:&nbsp;&nbsp;&nbsp; Amendment of section 44. <br \/>\n  Section  145:&nbsp;&nbsp;&nbsp; Amendment of section 52. <br \/>\n  Section  146:&nbsp;&nbsp;&nbsp; Amendment of section 54. <br \/>\n  Section  147:&nbsp;&nbsp;&nbsp; Amendment of section 56. <br \/>\n  Section  148:&nbsp;&nbsp;&nbsp; Amendment of section 62. <br \/>\n  Section  155:&nbsp;&nbsp;&nbsp; Amendment of section 122. <br \/>\n  Section  156:&nbsp;&nbsp;&nbsp; Amendment of section 132. <br \/>\n  Section  157:&nbsp;&nbsp;&nbsp; Amendment of section 138. <br \/>\n  Section  158:&nbsp;&nbsp;&nbsp; Insertion of new section 158A. <br \/>\n  Section  159:&nbsp;&nbsp;&nbsp; Retrospective exemption to certain activities and  transactions in Schedule III to the Central Goods and Services Tax Act. <\/p>\n<p align=\"justify\"><strong>Provisions that will come into effect from  October 01, 2023 &#8211; Integrated Goods and Services Tax<\/strong><\/p>\n<p align=\"justify\">Section  160:&nbsp;&nbsp;&nbsp; Amendment of section 2. <br \/>\n  Section  161:&nbsp;&nbsp;&nbsp; Amendment of section 12. <br \/>\n  Section  162:&nbsp;&nbsp;&nbsp; Amendment of section 13. <\/p>\n<p align=\"justify\">Further,  The Central Government has appointed the 1st day of August, 2023, as the date  on which the provisions of sections 149 to 154 of the said Act shall come into  force.<\/p>\n<p align=\"justify\"><strong>Provisions that will come into effect from August  01, 2023 &#8211; Central Goods and Service Tax<\/strong> <\/p>\n<p align=\"justify\">Section  149:&nbsp;&nbsp;&nbsp; Substitution of section 109. <br \/>\n  Section  150:&nbsp;&nbsp;&nbsp; Substitution of new section for section 110. <br \/>\n  Section  151:&nbsp;&nbsp;&nbsp; Substitution of new section for section 114. <br \/>\n  Section  152:&nbsp;&nbsp;&nbsp; Amendment of section 117. <br \/>\n  Section  153:&nbsp;&nbsp;&nbsp; Amendment of section 118. <br \/>\n  Section  154:&nbsp;&nbsp;&nbsp; Amendment of section 119.<\/p>\n<p align=\"center\"><span class=\"style1\">Special procedure for filing appeal against the order rejecting  transitional credit<\/span><\/p>\n<p align=\"justify\">The CBIC has notified <a href=\"https:\/\/www.klickongstworld.com\/uploads\/CGST\/TaxNotification\/1690898012.pdf\"><strong>Notification No. 29\/2023-Central Tax dated July 31st, 2023<\/strong><\/a><strong> f<\/strong>or  the special procedure which shall be followed  by a registered person or an officer who intends to file an appeal against the  order passed by the proper officer under section 73 or 74 of  the CGST Act in accordance with Circular No. 182\/14\/2022-GST dated November 10,  2022 pursuant to the directions of the Hon&#8217;ble Supreme Court in the case of  Union of India v\/s Filco Trade Centre Pvt. Ltd.<\/p>\n<p align=\"justify\">It  has been notified that an  appeal against the order shall be made in duplicate in the Form appended to  this notification at ANNEXURE-1 and shall be presented manually before the  Appellate Authority within the time specified in subsection (1) of section 107  or sub-section (2) of section 107 of the said Act, as the case may be, and such  time shall be computed from the date of issuance of this notification or the  date of the said order, whichever is later: <\/p>\n<p align=\"justify\">Provided  that any appeal against the order filed in accordance with the provisions of  section 107 of the said Act with the Appellate Authority before the issuance of  this notification, shall be deemed to have been filed in accordance with this  notification. <\/p>\n<p align=\"justify\">The appellant shall  not be required to deposit any amount as referred to in sub-section (6) of  section 107 of the said Act as a pre-condition for filing an appeal against the  said order. <\/p>\n<p align=\"justify\">An appeal filed under  this notification shall be accompanied by relevant documents including a  selfcertified copy of the order and such appeal and relevant documents shall be  signed by the person specified in subrule (2) of rule 26 of Central Goods and  Services Tax Rules, 2017. <\/p>\n<p align=\"justify\">Upon  receipt of the appeal which fulfills all the requirements as provided in this  notification, an acknowledgement, indicating the appeal number, shall be issued  manually in&nbsp;<strong>FORM GST APL-02<\/strong>&nbsp;by the Appellate Authority and the  appeal shall be treated as filed only when the aforesaid acknowledgement is  issued.<\/p>\n<p align=\"justify\">Upon receipt of the appeal  which fulfills all the requirements as provided in this notification, an  acknowledgement, indicating the appeal number, shall be issued manually in FORM  GST APL-02 by the Appellate Authority or an officer authorised by him in this  behalf and the appeal shall be treated as filed only when the aforesaid  acknowledgement is issued.\n    <\/p>\n<p align=\"center\"><span class=\"style1\">Special procedure for persons engaged in manufacturing of Pan Masala  &amp; Tobacco products<\/span><\/p>\n<p align=\"justify\">The CBIC has notified <a href=\"https:\/\/www.klickongstworld.com\/uploads\/CGST\/TaxNotification\/1690897974.pdf\"><strong>Notification No. 30\/2023-Central Tax dated July 31st, 2023<\/strong><\/a><strong> f<\/strong>or special procedure to be followed by  registered persons engaged in manufacturing of Pan Masala &amp; Tobacco  products along with additional records which shall be maintained by the  registered persons manufacturing these goods.<\/p>\n<p align=\"justify\">It is  provided that all the existing registered persons engaged in manufacturing of  these goods shall furnish the details of packing machines being used for  filling and packing of pouches or containers in FORM SRM-I, within 30 days of  issuance of this notification, electronically on the common portal. <br \/>\n  Every  registered person engaged in manufacturing of goods mentioned in Schedule shall  keep a daily record of inputs being procured and utilized in quantity and value  terms along with the details of waste generated as well as the daily record of  reading of electricity meters and generator set meters in a format as specified  in&nbsp;<strong>FORM SRM-IIIA<\/strong>&nbsp;in each place of business.<\/p>\n<p align=\"justify\">Further,  the said registered person shall also keep a daily shift-wise record of  machine-wise production, product-wise and brand-wise details of clearance in  quantity and value terms in a format as specified in&nbsp;<strong>FORM SRM-IIIB<\/strong>&nbsp;in  each place of business. <\/p>\n<p align=\"justify\">They shall  also submit a special statement for each month in FORM SRM-IV on the common  portal, on or before the tenth day of the month succeeding such month.<\/p>\n<p align=\"center\"><span class=\"style1\">Biometric based authentication  for GST registration is mandatory in State of Puducherry <\/span>\n  <\/p>\n<p align=\"justify\">The CBIC has issued <a href=\"https:\/\/www.klickongstworld.com\/uploads\/CGST\/TaxNotification\/1690897929.pdf\"><strong>Notification No. 31\/2023-Central Tax dated July 31st, 2023<\/strong><\/a><strong> <\/strong>to provide that proviso to Rule 8(4A) will be  applicable on State of Puducherry and now biometric based Aadhar authentication  for GST registration is mandatory in the State of Puducherry.<\/p>\n<p align=\"center\"><span class=\"style1\">CBIC exempts filing of annual return for taxpayers having aggregate  turnover in FY 2022-23 up to 2 crores rupees <\/span><\/p>\n<p align=\"justify\">The CBIC has issued <a href=\"https:\/\/www.klickongstworld.com\/uploads\/CGST\/TaxNotification\/1690897826.pdf\"><strong>Notification No. 32\/2023-Central Tax dated July 31st, 2023<\/strong><\/a><strong> <\/strong>to exempt the registered persons whose  aggregate turnover in the financial year 2022-23 is up to two crore rupees,  from filing annual return.<\/p>\n<p align=\"center\"><span class=\"style1\">&#8220;Account Aggregator&#8221; under GST shall be same as defined in the NBFC-  Account Aggregator (Reserve Bank) Directions, 2016 <\/span><\/p>\n<p align=\"justify\">The CBIC has issued <a href=\"https:\/\/www.klickongstworld.com\/uploads\/CGST\/TaxNotification\/1690897778.pdf\"><strong>Notification No. 33\/2023-Central Tax dated July 31st, 2023<\/strong><\/a><strong> t<\/strong>o notify &#8220;Account Aggregator&#8221; as the systems with  which information may be shared by the common portal based on consent under  Section 158A of the Central Goods and Services Tax Act, 2017 (12 of 2017).<\/p>\n<p align=\"justify\">This notification shall come into force with  effect from the 1st October, 2023.<\/p>\n<p align=\"justify\">For the purpose of this notification, &#8220;Account Aggregator&#8221;  means a non-financial banking company which undertakes the business of an  Account Aggregator in accordance with the policy directions issued by the  Reserve Bank of India under section 45JA of the Reserve Bank of India Act, 1934  (2 of 1934) and defined as such in the Non-Banking Financial Company &#8211; Account  Aggregator (Reserve Bank) Directions, 2016. <\/p>\n<p align=\"center\"><span class=\"style1\">Conditions for unregistered  person making supplies of goods through an E-Commerce Operator <\/span>\n<\/p>\n<p align=\"justify\">The CBIC has issued <a href=\"https:\/\/www.klickongstworld.com\/uploads\/CGST\/TaxNotification\/1690897720.pdf\"><strong>Notification No. 34\/2023-Central Tax dated July 31st, 2023<\/strong><\/a><strong> <\/strong>to exempt dealers from taking GST registration  whose turnover does not exceed the threshold limit of registration and making  supplies of goods through an electronic commerce operators subject to certain  conditions such as &#8211;<\/p>\n<p align=\"justify\">(i)  such persons shall not make any inter-State supply of goods; <\/p>\n<p align=\"justify\">(ii)  such persons shall not make supply of goods through electronic commerce  operator in more than one State or Union territory; <\/p>\n<p align=\"justify\">(iii)  such persons shall be required to have a Permanent Account Number issued under  the Income Tax Act, 1961 (43 of 1961); <\/p>\n<p align=\"justify\">(iv)  such persons shall, before making any supply of goods through electronic  commerce operator, declare on the common portal their Permanent Account Number  issued under the Income Tax Act, 1961 (43 of 1961), address of their place of  business and the State or Union territory in which such persons seek to make  such supply, which shall be subjected to validation on the common portal; <\/p>\n<p align=\"justify\">(v)  such persons have been granted an enrolment number on the common portal on  successful validation of the Permanent Account Number declared as per clause  (iv); <\/p>\n<p align=\"justify\">(vi)  such persons shall not be granted more than one enrolment number in a State or  Union territory; <\/p>\n<p align=\"justify\">(vii)  no supply of goods shall be made by such persons through electronic commerce  operator unless such persons have been granted an enrolment number on the  common portal; and <\/p>\n<p align=\"justify\">This notification shall come into force with  effect from 1st October, 2023.<strong><\/strong><\/p>\n<p align=\"center\"><span class=\"style1\">Common adjudicating authority for adjudicating the show cause notices<\/span><\/p>\n<p align=\"justify\">CBIC has issued <a href=\"https:\/\/www.klickongstworld.com\/uploads\/CGST\/TaxNotification\/1690897351.pdf\"><strong>Notification  No. 35\/2023 &#8211; Central Tax dated July 31, 2023<\/strong><\/a>, to  appoint Joint or Additional Commissioner of Central Tax, Bengaluru South  Central Excise and GST Commissionerate as authority to exercise the powers and  discharge the duties conferred or imposed on specified in respect of specified  notices issued to &#8216;BSH Household Appliances Manufacturing Pvt. Ltd&#8217; with  distinct GSTINs in Mumbai, Bengaluru and Chennai for the purpose of  adjudication of these notices.<strong> <\/strong><\/p>\n<p align=\"center\"><span class=\"style1\">Goods or  services which may be exported on payment of integrated tax and on which the  supplier of such goods or services may claim the refund of tax so paid <\/span><\/p>\n<p align=\"justify\">The CBIC has issued <a href=\"https:\/\/www.klickongstworld.com\/uploads\/IGST\/Notification\/1690898185.pdf\"><strong>Notification No. 01\/2023-Integrated Tax dated July 31st, 2023<\/strong><\/a> to notify all goods or services (except the goods specified  in the notification) as the class of goods or services which may be exported on  payment of integrated tax and on which the supplier of such goods or services  may claim the refund of tax so paid. <\/p>\n<p align=\"justify\">This notification shall come into force with  effect from 1st October, 2023.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The provisions of section 123 of the Finance Act, 2021 shall come into force CBIC vide&nbsp;Notification No. 27\/2023- Central Tax dated July 31, 2023, in&hellip;<\/p>\n","protected":false},"author":1,"featured_media":7535,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"_links":{"self":[{"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/posts\/9190"}],"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=9190"}],"version-history":[{"count":5,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/posts\/9190\/revisions"}],"predecessor-version":[{"id":9195,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/posts\/9190\/revisions\/9195"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/media\/7535"}],"wp:attachment":[{"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/media?parent=9190"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/categories?post=9190"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.klickongstworld.com\/blog\/wp-json\/wp\/v2\/tags?post=9190"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}