GST Provision relating to the communication of Details of the invoice or debit note to the recipient as of January 1, 2022: CBIC

The Central Council of Indirect Taxes and Customs (CBIC) notified articles 108, 109 and 113 to 122 of the 2021 finance law to enter into force on January 1, 2022.

“In the exercise of the powers conferred by subparagraph b) of paragraph 2 of article 1 of the finance law for 2021 (13 of 2021), the central government sets 1 January 2022 as the date on which the provisions of Articles 108, 109 and 113 to 122 of the said law will come into force, ”the CBIC said.

Article 108 of the 2021 finance law aims to modify article 7 of the CGST law in which in paragraph (1), after paragraph (a), the clause is inserted and is deemed to have been inserted, namely “(aa) the activities or transactions, by a person, other than an individual, to its members or constituents or vice versa, in cash, deferred payment or other valuable consideration.

Article 109 of the 2021 finance law aims to modify article 16 of the CGST law in which paragraph (2), after paragraph (a), will be inserted the clause, namely “(aa) the details of the invoice or debit note referred to in subparagraph (a) has been provided by the supplier in the statement of outgoing supplies and such details have been communicated to the recipient of that invoice or debit note in the manner specified in article 37 ”.

Article 113 of the finance law for 2021 aims to modify article 74, in Explanation 1, in paragraph (ii), in the words and figures “articles 122, 125, 129 and 130”, the words and figures “articles 122 and 125” are replaced.

Article 114 of the finance law for 2021 aims to modify article 75, in subsection (12), the Explanation is inserted, namely “For the purposes of this paragraph, the expression” self-assessment tax “includes tax payable in respect of details of output supplies provided under section 37 but not included in the return provided under section 39. ‘

Article 115 of the 2021 finance law aims to modify article 83, for subsection (1), the subsection must be replaced, namely “(1) When, after the opening of any procedure under Chapter XII, Chapter XIV or Chapter XV, the Commissioner is of the opinion that in order to protect the interest of State revenues it is necessary to do so, he may, by written order, provisionally seize , any property, including bank account, belonging to the taxable person or any person referred to in paragraph (1A) of section 122, in the manner that may be prescribed. ”.

Article 116 of the finance law for 2021 aims to modify article 107, in paragraph (6), the reservation is inserted, namely “On condition that no appeal is made against an ordinance by virtue of subsection (3) of section 129, unless an amount equal to twenty-five percent of the fine has been paid by the appellant. “.

Article 117 of the 2021 finance law aims to modify article 129, in subsection (1), for clauses (a) and (b), the following clauses must be replaced, namely “(a ) on payment of a penalty equal to two hundred per cent of the tax payable on such goods and, in the case of exempt goods, on payment of an amount equal to two per cent of the value of the goods or twenty-five thousand rupees, whichever is less, when the owner of the goods presents himself for payment of that penalty; (b) on payment of a penalty equal to fifty percent of the value of the goods or two hundred percent of the tax payable on such goods, whichever is greater, and in the case of exempt goods, on payment of an amount equal to five per cent of the value of the goods or twenty-five thousand rupees, whichever is less , when the owner of the goods does not appear for payment of this penalty; “; (ii) subsection (2) should be omitted; (iii) in subsection (3), the following subsection should be replaced, namely “(3) The competent officer who detains or seizes goods or a conveyance shall issue a notice within seven days following this detention or seizure, specifying the penalty payable, and subsequently, place an order within seven days of the date of service of this notice, for the payment of the penalty under paragraph ( a) or paragraph (b) of subsection (1). “; (iv) in subsection (4), in the words “No tax, no interest or no penalty”, the words “No penalty” should be replaced; (v) in subsection (6), the following subsection is replaced, namely “(6) Where the person transporting goods or the owner of such goods fails to pay the amount of the penalty under the subsection (1) within fifteen days from the date of receipt of the copy of the order placed under subsection (3), the goods or means of transport so detained or seized shall be liable to be sold or otherwise disposed of, in such a manner and within such time as may be prescribed, to collect the fine payable under subsection (3). Provided that the conveyance is released upon payment by the carrier of a penalty under subsection (3) or Rs lakh, whichever is less. Provided further that when the goods detained or seized are of a perishable or dangerous nature or are liable to depreciate over time, said period of fifteen days may be reduced by the competent officer. “.

Article 118 of the finance law for 2021 aims to replace article 130, (a) in subsection (1), by the words “Notwithstanding everything that is contained in this law, if”, the word “Where” should be replaced; in subsection (2), in the second reservation, for the words, parentheses and figures “amount of the penalty payable under subsection (1) of section 129”, the words “penalty equal to one hundred percent of the tax payable on such goods’ should be replaced; subsection (3) is omitted.

Article 119 of the 2021 finance law aims to replace article 151 with a new article, namely “Power to request information: the commissioner or an official authorized by him may, by ordinance, order any person to provide information concerning everything within the framework of this Act, within the time, in the form and in the manner specified therein. “.

Article 120 of the finance law for 2021 aims to modify article 152 in subsection (1), (i) the words “of any individual report or part of it” are omitted; after the words “any proceedings under this Act”, the words “without allowing the person concerned to be heard” are inserted; and subsection (2) is omitted.

Article 121 of the finance law for 2021 aims to modify article 168, in paragraph (2), for the words, brackets and figures “subsection (1) of article 44”, the word and the figures “article 44” should be replaced; the words, brackets and figures “paragraph (1) of Article 151” are omitted.

Article 122 of the finance law for 2021 aims to modify Annex II. – In Schedule II of the Central Goods and Services Tax Act, paragraph 7 is omitted and is deemed to have been omitted from July 1, 2017.

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