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Notification No. 49/2018 – Central Tax: Notification amending the CGST Rules, 2017 (Tenth Amendment Rules, 2018).

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Important Keyword: F. No. 349/58/2017-GST (Pt.), Notification No. 49/2018 – Central Tax, Section 164 CGST Act 2017, Notification No. 3/2017-Central Tax, Notification No. 3/2017-Central Tax.

[F. No. 349/58/2017-GST (Pt.)]
Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Indirect Taxes and Customs

New Delhi, the 13th September, 2018

Notification No. 49/2018 – Central Tax

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 (Tenth Amendment) Rules, 2018.

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

2. In the FORMS to the Central Goods and Services Tax Rules, 2017, after FORM GSTR- 9A, the following shall be inserted, namely:-

“FORM GSTR-9C
See rule 80(3)
PART – A – Reconciliation Statement

Pt. IBasic Details
  1Financial Year 
2GSTIN 
3ALegal Name< Auto>
  3BTrade Name (if any)  <Auto>
4Are you liable to audit under any Act?<<Please specify>>
  (Amount in ₹ in all tables)
Pt.Reconciliation of turnover declared in audited Annual Financial Statement with turnover declared in Annual Return (GSTR9)
II
5Reconciliation of Gross Turnover
  ATurnover (including exports) as per audited financial statements for the State / UT (For multi-GSTIN units under same PAN the turnover shall be derived from the audited Annual Financial Statement) 
BUnbilled revenue at the beginning of Financial Year(+) 
CUnadjusted advances at the end of the Financial Year(+) 
DDeemed Supply under Schedule I(+) 
ECredit Notes issued after the end of the financial year but reflected in the annual return(+) 
FTrade Discounts accounted for in the audited Annual Financial Statement but are not permissible under GST(+) 
GTurnover from April 2017 to June 2017(-) 
HUnbilled revenue at the end of Financial Year(-) 
IUnadjusted Advances at the beginning of the Financial Year  (-) 
JCredit notes accounted for in the audited Annual Financial Statement but are not permissible under GST(-) 
KAdjustments on account of supply of goods by SEZ units to DTA Units  (-) 
LTurnover for the period under composition scheme(-) 
MAdjustments in turnover under section 15 and rules thereunder(+/- ) 
NAdjustments in turnover due to foreign exchange fluctuations(+/- ) 
O  Adjustments in turnover due to reasons not listed above(+/- ) 
PAnnual turnover after adjustments as above<Auto>
QTurnover as declared in Annual Return (GSTR9) 
RUn-Reconciled turnover (Q – P)AT1
6Reasons for Un – Reconciled difference in Annual Gross Turnover
AReason 1<<Text>>
BReason 2<<Text>>
CReason 3<<Text>>
7Reconciliation of Taxable Turnover
  A  Annual turnover after adjustments (from 5P above)<Auto > 
  BValue of Exempted, Nil Rated, Non-GST supplies, No-Supply turnover 
CZero rated supplies without payment of tax 
DSupplies on which tax is to be paid by the recipient on reverse charge basis 
ETaxable turnover as per adjustments above (A-B-C-D)<Auto>
FTaxable turnover as per liability declared in Annual Return (GSTR9) 
GUnreconciled taxable turnover (F-E)AT 2
8Reasons for Un – Reconciled difference in taxable turnover
AReason 1<<Text>>
BReason 2<<Text>>
CReason 3<<Text>>
Pt.  Reconciliation of tax paid
III
9Reconciliation of rate wise liability and amount payable thereon
    Tax payable
  Description  Taxable ValueCentral taxState tax / UT tax  Integrated TaxCess, if applicabl e
123456
A5%     
B5% (RC)     
C12%     
D12% (RC)     
E18%     
F18% (RC)     
G28%     
H28% (RC)     
I3%     
J0.25%     
K0.10%     
LInterest     
MLate Fee     
NPenalty     
OOthers     
PTotal amount to be paid as per tables above  <Auto>  <Auto>  <Auto>  <Auto>
QTotal amount paid as declared in Annual Return (GSTR 9)    
RUn-reconciled payment of amountPT 1
10Reasons for un-reconciled payment of amount
AReason 1<<Text>>
BReason 2<<Text>>
CReason 3<<Text>>
11Additional amount payable but not paid (due to reasons specified under Tables 6,8 and 10 above)
   To be paid through Cash
    Description    Taxable ValueCentral taxState tax / UT tax  Integrated taxCess, if applicabl e
123456
5%     
12%     
18%     
28%     
3%     
0.25%     
0.10%     
Interest     
Late Fee     
Penalty     
Others (please specify)     
Pt. IVReconciliation of Input Tax Credit (ITC)
12Reconciliation of Net Input Tax Credit (ITC)
    AITC availed as per audited Annual Financial Statement for the State/ UT (For multi-GSTIN units under same PAN this should be derived from books of accounts) 
BITC booked in earlier Financial Years claimed in current Financial Year  (+) 
CITC booked in current Financial Year to be claimed in subsequent Financial Years  (-) 
DITC availed as per audited financial statements or books of account  <Auto>
EITC claimed in Annual Return (GSTR9) 
FUn-reconciled ITCITC 1
13Reasons for un-reconciled difference in ITC
AReason 1<<Text>>
BReason 2<<Text>>
CReason 3<<Text>>
14Reconciliation of ITC declared in Annual Return (GSTR9) with ITC availed on expenses as per audited Annual Financial Statement or books of account
   Description  ValueAmount of Total ITCAmount of eligible ITC availed
 1234
APurchases   
BFreight / Carriage   
CPower and Fuel   
DImported goods (Including received from SEZs)   
ERent and Insurance   
FGoods lost, stolen, destroyed, written off or disposed of by way of gift or free samples   
GRoyalties   
HEmployees’ Cost (Salaries, wages, Bonus etc.)   
IConveyance charges   
JBank Charges   
KEntertainment charges   
LStationery Expenses (including postage etc.)   
MRepair and Maintenance   
NOther Miscellaneous expenses   
OCapital goods   
PAny other expense 1   
QAny other expense 2   
RTotal amount of eligible ITC availed<<Auto>>
SITC claimed in Annual Return (GSTR9) 
TUn-reconciled ITCITC 2
15Reasons for un – reconciled difference in ITC
AReason 1<<Text>>
BReason 2<<Text>>
CReason 3<<Text>>
16Tax payable on un-reconciled difference in ITC (due to reasons specified in 13 and 15 above)
 DescriptionAmount Payable
Central Tax 
State/UT Tax 
Integrated Tax 
Cess 
Interest 
Penalty 
Pt. V  Auditor’s recommendation on additional Liability due to non-reconciliation
   To be paid through Cash
    Description    ValueCentral taxState tax / UT tax  Integrated taxCess, if applicabl e
123456
5%     
12%     
18%     
28%     
3%     
0.25%     
0.10%     
Input Tax Credit     
Interest     
Late Fee     
Penalty     
Any other amount paid for supplies not included in Annual Return     
 (GSTR 9)     
Erroneous refund to be paid back     
Outstanding demands to be settled     
Other (Pl. specify)     
Verification:

I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed there from.

**(Signature and stamp/Seal of the Auditor) Place: ……………
Name of the signatory …………………
Membership No………………
Date: ……………
Full address ………………………

Instructions: –
  1. Terms used:
    • GSTIN: Goods and Services Tax Identification Number
  2. The details for the period between July 2017 to March 2018 are to be provided in this statement for the financial year 2017-18. The reconciliation statement is to be filed for every GSTIN separately.
  3. The reference to current financial year in this statement is the financial year for which the reconciliation statement is being filed for.
  4. Part II consists of reconciliation of the annual turnover declared in the audited Annual Financial Statement with the turnover as declared in the Annual Return furnished in FORM GSTR-9 for this GSTIN. The instructions to fill this part are as follows :-
Table No.Instructions
5AThe turnover as per the audited Annual Financial Statement shall be declared here. There may be cases where multiple GSTINs (State-wise) registrations exist on the same PAN. This is common for persons / entities with presence over multiple States. Such persons / entities, will have to internally derive their GSTIN wise turnover and declare the same here. This shall include export turnover (if any). It may be noted that reference to audited Annual Financial Statement includes reference to books of accounts in case of persons / entities having presence over multiple States.
5BUnbilled revenue which was recorded in the books of accounts on the basis of accrual system of accounting in the last financial year and was carried forward to the current financial year shall be declared here. In other words, when GST is payable during the financial year on such revenue (which was recognized earlier), the value of such revenue shall be declared here. (For example, if rupees Ten Crores of unbilled revenue existed for the financial year 2016-17, and during the current financial year, GST was paid on rupees Four Crores of such revenue, then value of rupees Four Crores rupees shall be declared here)
5CValue of all advances for which GST has been paid but the same has not been recognized as revenue in the audited Annual Financial Statement shall be declared here.
5DAggregate value of deemed supplies under Schedule I of the CGST Act, 2017 shall be declared here. Any deemed supply which is already part of the turnover in the audited Annual Financial Statement is not required to be included here.
5EAggregate value of credit notes which were issued after 31st of March for any supply accounted in the current financial year but such credit notes were reflected in the annual return (GSTR-9)shall be declared here.
5FTrade discounts which are accounted for in the audited Annual Financial Statement but on which GST was leviable(being not permissible) shall be declared here.
5GTurnover included in the audited Annual Financial Statement for April 2017 to June 2017 shall be declared here.
5HUnbilled revenue which was recorded in the books of accounts on the basis of accrual system of accounting during the current financial year but GST was not payable on such revenue in the same financial year shall be declared here.
5IValue of all advances for which GST has not been paid but the same has been recognized as revenue in the audited Annual Financial Statement shall be declared here.
5JAggregate value of credit notes which have been accounted for in the audited Annual Financial Statement but were not admissible under Section 34 of the CGST Act shall be declared here.
5KAggregate value of all goods supplied by SEZs to DTA units for which the DTA units have filed bill of entry shall be declared here.
5LThere may be cases where registered persons might have opted out of the composition scheme during the current financial year. Their turnover as per the audited Annual Financial Statement would include turnover both as composition taxpayer as well as normal taxpayer. Therefore, the turnover for which GST was paid under the composition scheme shall be declared here.
5MThere may be cases where the taxable value and the invoice value differ due to valuation principles under section 15 of the CGST Act, 2017 and rules thereunder. Therefore, any difference between the turnover reported in the Annual Return (GSTR 9) and turnover reported in the audited Annual Financial Statement due to difference in valuation of supplies shall be declared here.
5NAny difference between the turnover reported in the Annual Return (GSTR9) and turnover reported in the audited Annual Financial Statement due to foreign exchange fluctuations shall be declared here.
5OAny difference between the turnover reported in the Annual Return (GSTR9) and turnover reported in the audited Annual Financial Statement due to reasons not listed above shall be declared here.
5QAnnual turnover as declared in the Annual Return (GSTR 9) shall be declared here. This turnover may be derived from Sr. No. 5N, 10 and 11 of Annual Return (GSTR 9).
6Reasons for non-reconciliation between the annual turnover declared in the audited Annual Financial Statement and turnover as declared in the Annual Return (GSTR 9) shall be specified here.
7The table provides for reconciliation of taxable turnover from the audited annual turnover after adjustments with the taxable turnover declared in annual return (GSTR-9).
7AAnnual turnover as derived in Table 5P above would be auto-populated here.
7BValue of exempted, nil rated, non-GST and no-supply turnover shall be declared here. This shall be reported net of credit notes, debit notes and amendments if any.
7CValue of zero rated supplies (including supplies to SEZs) on which tax is not paid shall be declared here. This shall be reported net of credit notes, debit notes and amendments if any.
7DValue of reverse charge supplies on which tax is to be paid by the recipient shall be declared here. This shall be reported net of credit notes, debit notes and amendments if any.
7EThe taxable turnover is derived as the difference between the annual turnover after adjustments declared in Table 7A above and the sum of all supplies (exempted, non-GST, reverse charge etc.) declared in Table 7B, 7C and 7D above.
7FTaxable turnover as declared in Table 4N of the Annual Return (GSTR9) shall be declared here.
8Reasons for non-reconciliation between adjusted annual taxable turnover as derived from Table 7E above and the taxable turnover declared in Table 7F shall be specified here.

5. Part III consists of reconciliation of the tax payable as per declaration in the reconciliation statement and the actual tax paid as declared in Annual Return (GSTR9). The instructions to fill this part are as follows :-

Table No.Instructions
9The table provides for reconciliation of tax paid as per reconciliation statement and amount of tax paid as declared in Annual Return (GSTR 9). Under the head labelled ―RC‖, supplies where tax was paid on reverse charge basis by the recipient (i.e. the person for whom reconciliation statement has been prepared ) shall be declared.
9PThe total amount to be paid as per liability declared in Table 9A to 9O is auto populated here.
9QThe amount payable as declared in Table 9 of the Annual Return (GSTR9) shall be declared here. It should also contain any differential tax paid on Table 10 or 11 of the Annual Return (GSTR9).
10Reasons for non-reconciliation between payable / liability declared in Table 9P above and the amount payable in Table 9Q shall be specified here.
11Any amount which is payable due to reasons specified under Table 6, 8 and 10 above shall be declared here.

6. Part IV consists of reconciliation of Input Tax Credit (ITC). The instructions to fill Part IV are as under:-

Table No.Instructions
12AITC availed (after reversals) as per the audited Annual Financial Statement shall be declared here. There may be cases where multiple GSTINs (State- wise) registrations exist on the same PAN. This is common for persons / entities with presence over multiple States. Such persons / entities, will have to internally derive their ITC for each individual GSTIN and declare the same here. It may be noted that reference to audited Annual Financial Statement includes reference to books of accounts in case of persons / entities having presence over multiple States.
12BAny ITC which was booked in the audited Annual Financial Statement of earlier financial year(s)but availed in the ITC ledger in the financial yearfor which the reconciliation statement is being filed for shall be declared here. This shall include transitional credit which was booked in earlier years but availed duringFinancial Year 2017-18.
12CAny ITC which has been booked in the audited Annual Financial Statement of the current financial year but the same has not been credited to the ITC ledger for the said financial year shall be declared here.
12DITC availed as per audited Annual Financial Statement or books of accounts as derived from values declared in Table 12A, 12B and 12C above will be auto-populated here.
12ENet ITC available for utilization as declared in Table 7J of Annual Return (GSTR9) shall be declared here.
13Reasons for non-reconciliation of ITC as per audited Annual Financial Statement or books of account (Table 12D) and the net ITC (Table12E) availed in the Annual Return (GSTR9) shall be specified here.
14This table is for reconciliation of ITC declared in the Annual Return (GSTR9) against the expenses booked in the audited Annual Financial Statement or books of account. The various sub-heads specified under this table are general expenses in the audited Annual Financial Statement or books of account on which ITC may or may not be available. Further, this is only an indicative list of heads under which expenses are generally booked. Taxpayers may add or delete any of these heads but all heads of expenses on which GST has been paid / was payable are to be declared here.
14RTotal ITC declared in Table 14A to 14Q above shall be auto populated here.
14SNet ITC availed as declared in the Annual Return (GSTR9) shall be declared here. Table 7J of the Annual Return (GSTR9) may be used for filing this Table.
15Reasons for non-reconciliation between ITC availed on the various expenses declared in Table 14R and ITC declared in Table 14S shall be specified here.
16Any amount which is payable due to reasons specified in Table 13 and 15 above shall be declared here.

7. Part V consists of the auditor’s recommendation on the additional liability to be discharged by the taxpayer due to non-reconciliation of turnover or non-reconciliation of input tax credit. The auditor shall also recommend if there is any other amount to be paid for supplies not included in the Annual Return. Any refund which has been erroneously taken and shall be paid back to the Government shall also be declared in this table. Lastly, any other outstanding demands which is recommended to be settled by the auditor shall be declared in this Table.

8. Towards, the end of the reconciliation statement taxpayers shall be given an option to pay their taxes as recommended by the auditor.

PART – B- CERTIFICATION
I. Certification in cases where the reconciliation statement (FORM GSTR-9C) is drawn up by the person who had conducted the audit:

* I/we have examined the—

a. balance sheet as on ………

b. the *profit and loss account/income and expenditure account for the period beginning from ………..…to ending on ……., and

c. the cash flow statement for the period beginning from ……..…to ending on ………, — attached herewith, of M/s …………… (Name), ………………………………………………………………………………………….. (Address), ..…………………(GSTIN).

2. Based on our audit I/we report that the said registered person—

*has maintained the books of accounts, records and documents as required by the IGST/CGST/<<>>GST Act, 2017 and the rules/notifications made/issued thereunder

*has not maintained the following accounts/records/documents as required by the IGST/CGST/<<>>GST Act, 2017 and the rules/notifications made/issued thereunder:

1.

2.

3. (a) *I/we report the following observations/ comments / discrepancies / inconsistencies; if any:
…………………………………….
…………………………………….

3. (b) *I/we further report that, –

(A) *I/we have obtained all the information and explanations which, to the best of *my/our knowledge and belief, were necessary for the purpose of the audit/ information and explanations which, to the best of *my/our knowledge and belief, were necessary for the purpose of the audit were not provided/partially provided to us.

(B) In *my/our opinion, proper books of account *have/have not been kept by the registered person so far as appears from*my/ our examination of the books.

(C) I/we certify that the balance sheet, the *profit and loss/income and expenditure account and the cash flow Statement are *in agreement/not in agreement with the books of account maintained at the Principal place of business at ……………………and ** ……………………additional place of business within the State.

4. The documents required to be furnished under section 35 (5) of the CGST Act and Reconciliation Statement required to be furnished under section 44(2) of the CGST Act is annexed herewith in Form No. GSTR-9C.

5. In *my/our opinion and to the best of *my/our information and according to explanations given to *me/us, the particulars given in the said Form No.GSTR-9C are true and correct subject to following observations/qualifications, if any:

(a) ……………………………………………………………………………………
(b) ……………………………………………………………………………………
(c) ……………………………………………………………………………………
………………………………………
………………………………………

**(Signature and stamp/Seal of the Auditor) Place: ……………
Name of the signatory …………………
Membership No………………
Date: ……………
Full address ………………………

II.   Certification in cases where the reconciliation statement (FORM GSTR-9C) is drawn up by a person other than the person who had conducted the audit of the accounts:

*I/we report that the audit of the books of accounts and the financial statements of M/s.………………..…………………. (Name and address of the assesses with GSTIN) was conducted by M/s. …………………………………………..………. (full name and address of auditor along with status), bearing membership number in pursuance of the provisions of the  Act, and *I/we annex hereto a copy of their audit report dated ……………………………. along with a copy of each of :-

  • balance sheet as on ………
  • the *profit and loss account/income and expenditure account for the period beginning from ………..…to ending on      ,
  • the cash flow statement for the period beginning from ……..…to ending on , and
  • documents declared by the said Act to be part of, or annexed to, the *profit and loss account/income and expenditure account and balance sheet.

2. I/we report that the said registered person—

*has maintained the books of accounts, records and documents as required by the IGST/CGST/<<>>GST Act, 2017 and the rules/notifications made/issued thereunder

*has not maintained the following accounts/records/documents as required by the IGST/CGST/<<>>GST Act, 2017 and the rules/notifications made/issued thereunder:

1.

2.

3.

3. The documents required to be furnished under section 35 (5) of the CGST Act and Reconciliation Statement required to be furnished under section 44(2) of the CGST Act is annexed herewith in Form No.GSTR-9C.

4. In *my/our opinion and to the best of *my/our information and according to examination of books of account including other relevant documents and explanations given to *me/us, the particulars given in the said Form No.9C are true and correct subject to the following observations/qualifications, if any:

(a) …………………………….…………………………….………………………
(b) …………………………….…………………………….………………………
(c) …………………………….…………………………….………………………
………………………………………

**(Signature and stamp/Seal of the Auditor) Place: ……………
Name of the signatory …………………
Membership No………………
Date: ……………
Full address……………………………….

(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 19th June, 2017, published vide number G.S.R 610 (E), dated the 19th June, 2017 and last amended vide notification No. 48/2018-Central Tax, dated the 10th September, 2018, published vide number G.S.R 859 (E), dated the 10th September, 2018.

Read More: Notification No. 64/2018 – Central Tax: Seeks to extend the due date for filing of FORM GSTR – 1 for taxpayers having aggregate turnover up to Rs 1.5 crores for the quarter from July, 2018 to September, 2018 for taxpayers in Srikakulam district of Andhra Pradesh.

Web Stories: Notification No. 64/2018 – Central Tax: Seeks to extend the due date for filing of FORM GSTR – 1 for taxpayers having aggregate turnover up to Rs 1.5 crores for the quarter from July, 2018 to September, 2018 for taxpayers in Srikakulam district of Andhra Pradesh.

Download Pdf: https://taxinformation.cbic.gov.in/

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