Notification No. 48/2018 – Central Tax Explained

Want to File ITR, GST Returns & Pvt. Ltd. Registration

Notification No. 48/2018 – Central Tax: Seeks to make amendments (Ninth Amendment, 2018) to the CGST Rules, 2017.

GST: [To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]

G.S.R……(E).- In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:-

1. (1) These rules may be called the Central Goods and Services Tax (Ninth Amendment) Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

In the Central Goods and Services Tax Rules, 2017,

in rule 117,

after sub-rule (1), the following sub-rule shall be inserted, namely:-
“(1A) Notwithstanding anything contained in sub-rule (1), the Commissioner may, on the recommendations of the Council, extend the date for submitting the declaration electronically in FORM GST TRAN-1 by a further period not beyond 31^st March, 2019, in respect of registered persons who could not submit the said declaration by the due date on account of technical difficulties on the common portal and in respect of whom the Council has made a recommendation for such extension.”;

in sub-rule (4), in clause (b), in sub-clause (iii), the following proviso shall be inserted, namely:-
“Provided that the registered persons filing the declaration in FORM GST TRAN-1 in accordance with sub-rule (1A), may submit the statement in FORM GST TRAN-2 by 30^th April, 2019.”;

in rule 142, in sub-rule (5), after the words and figures “of section 76”, the words and figures “or section 125” shall be inserted.

(Gunjan Kumar Verma)
Under Secretary to the
Government of India

Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification No. 3/2017-Central Tax, dated the 19^th June, 2017, published vide number G.S.R 610 (E), dated the 19^th June, 2017 and last amended vide notification No. 39/2018-Central Tax, dated the 4^th September, 2018, published vide number G.S.R 831 (E), dated the 4^th September, 2018.

📚 Frequently Asked Questions (FAQs): Notification No. 48/2018 – Central Tax

Q1: What is Notification No. 48/2018 – Central Tax?

Answer:
It is a GST notification issued on 10 September 2018 introducing the Ninth Amendment to CGST Rules, mainly related to TRAN-1 filing relief. 48

Q2: Which rule was mainly amended?

Answer:
Rule 117 was amended by inserting sub-rule 117(1A). 48

Q3: What relief was provided under Rule 117(1A)?

Answer:
It allowed extension of the TRAN-1 filing deadline up to 31 March 2019 for taxpayers facing technical difficulties. 48

Q4: Who could avail this extension?

Answer:
Registered persons:
Who faced technical issues on the GST portal
And were recommended by the GST Council.

Q5: What is the purpose of FORM TRAN-1?

Answer:
It is used to:
Carry forward pre-GST tax credits into GST.

Q6: What is FORM TRAN-2?

Answer:
TRAN-2 is used to:
Claim transitional credit on certain stock
Where invoices were not available.

Q7: What was the deadline for TRAN-2 after this notification?

Answer:
The deadline was:
30 April 2019. 48

Q8: What section was added to Rule 142(5)?

Answer:
Reference to Section 125 (general penalty) was added. 48

Q9: What is Section 125 of the CGST Act?

Answer:
It provides:
General penalty for offences not specifically covered elsewhere.

Q10: Does this notification affect regular GST returns?

Answer:
No.
It mainly affects transitional credit claims.

Q11: Can TRAN-1 be filed without technical issues?

Answer:
No.
Extension was allowed only for cases involving technical difficulties.

Q12: What happens if transitional credit is wrongly claimed?

Answer:
The department may:
Issue notices
Recover credit with interest
Impose penalties

Q13: Is transitional credit still relevant today?

Answer:
Yes, for:
Ongoing litigation
Credit disputes
Assessments

Q14: Who should seek help for transitional credit issues?

Answer:
You should consult an expert if:
You had pre-GST credits
You faced TRAN-1 filing issues
You received notices regarding credit
Get help here:
https://finodha.in/gst-compliance/

Q15: Can transitional credit affect income tax or financials?

Answer:
Yes.
Incorrect credit may:
Affect profit calculations
Impact income tax returns
Ensure proper filings with:
https://finodha.in/income-tax-return-filing-online/