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1 GST Circular No 181/13/ 2022 - dated 10.11.2022

Circular clarifies on the following aspects related inverted duty ('ID') refund:

  • Applicability of new refund formula

The amendment in formula prescribed under Rule 89(5) vide Notification No. 14/2022-CT dated 05.07.2022 would be applicable prospectively i.e. on applications filed on or after 05.07.2022

  • Restriction on refund of unutilised ITC of certain goods

Vide Notification No. 09/2022-Central Tax (Rate) dated 13.07.2022, the refund of unutilised ITC of certain goods falling under chapter 15 and 27 was restricted. The circular has clarified that the said restriction would be applicable prospectively i.e., on refund applications filed on or after 18.07.2022.

2 GST Circular No. 182/14/2022 dated 10.11.2022 Detailed guidelines have been issued for jurisdictional tax officers to verify the veracity of the transitional credit claims filed by the applicant pursuant to ruling passed by the Hon'ble Supreme Court in case of Union of India v. Filco Trade Centre Pvt. Ltd., SLP(C) No. 32709- 32710/2018. The concerned officers are required to verify the claim and pass an appropriate order within a period of 90 days.
3 Notification No 22/2022 - Central Tax dated 15.11.2022

The Notification amends the CGST Rules, 2017 and specifically amends instructions to Part V of Form GSTR - 09 to align time limit to avail ITC or issue Credit Note or rectify returns.

Part V deals with furnishing details of transactions for the financial year declared in returns of the next financial year till the specified period. The Notification has extended the specified period for FY 2021-22 till 30.11.2022. Thus, transactions pertaining to FY 2021-22, for which GST has been paid in FORM GSTR-3B of April 2022 to October 2022, filed up to 30.11.2022 can be declared in Part V.

4 Notification No 23/2022 - Central Tax dated 23.11.2022 W.e.f. 01.12.2022, the Competition Commission of India ('CCI') would subsume the functions of National Anti-Profiteering Authority pertaining to examination of reduction in rate of tax on any supply of goods or services or the benefit of ITC has been passed on to the recipient by way of commensurate reduction in prices or not.
5 Notification No 24/2022 - Central Tax dated 23.11.2022

W.e.f. 01.12.2022, the following provisions of the CGST Rules have been omitted:

  • Rule 122 pertaining to Constitution of Anti Profiteering Authority ('APA'),
  • Rule 124 pertaining to appointment, remuneration and terms & conditions of service of the Chairman and Members of APA,
  • Rule 125 pertaining to Secretary to APA,
  • Rule 134 pertaining to Decision to be taken by the majority members of APA,
  • Rule 137 pertaining to tenure of APA.

Further, minor changes have been brought in Rule 127 such as replacement of term 'duties' with functions and in Explanation after Rule 137 APA has been replaced with CCI.

6 Instruction No. 04/2022 - GST dated 28.11.2022 Detailed instructions have been issued on the way of processing and sanctioning of IGST refunds, upheld for verification of credentials of the exporter under Rule 96(4)(c), transmitted to the jurisdictional GST authorities under Rule 96(5A).

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