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Order No. 3/2018-Central Tax |Standing Committee Constituted

by | Oct 23, 2023 | GST, 2018 Orders, Orders, Removal of Difficulty CGST 2018 | 0 comments

Important Keywords: Order No. 3/2018 – Central Tax, GST Standing Committee, rule 97(4) CGST, Consumer Welfare Fund, CBIC GST order, GST India 2018, GST policy update, Finodha GST.

Words: 1277; Read time: 7 minutes.

Order No. 3/2018 – Central Tax
[F.No.20/06/16/2018]
Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Indirect Taxes and Customs
*****

New Delhi, the 31st December, 2018

Order No. 3/2018 – Central Tax: Seeks to amend Removal of Difficulty Order No. 1/2018 dated 11.12.2018 so as to extend the due date for furnishing of annual returns in FORM GSTR-9, FORM GSTR-9A and reconciliation statement in FORM GSTR-9C for the FY 2017-2018 till 30.06.2019.

TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (ii)

Subject: Order No. 03/2018 – Central Tax: Seeks to amend Removal of Difficulty Order No. 1/2018 dated 11.12.2018 so as to extend the due date for furnishing of annual returns in FORM GSTR-9, FORM GSTR-9A and reconciliation statement in FORM GSTR-9C for the FY 2017-2018 till 30.06.2019.

Order No.03/2018-Central Tax: S.O.(E).––WHEREAS, sub-section (1) of section 44 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this Order referred to as the said Act) provides that every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year;

AND WHEREAS, for the purpose of furnishing of the annual return electronically for every financial year as referred to in sub-section (1) of section 44 of the said Act, through the electronic system to be developed is at the advanced stage, it may likely to take some more time for being made operational as a result whereof, the said annual return for the period from the 1st July, 2017 to the 31st March, 2018 couldn’t be furnished by the registered persons, as referred to in the said sub-section (1) and because of that, certain difficulties have arisen in giving effect to the provisions of the said section.

NOW, THEREFORE, in exercise of the powers conferred by section 172 of the Central Goods and Services Tax Act, 2017, the Central Government, on recommendations of the Council, hereby makes the following Order, to remove the difficulties, namely:––

1. Short title.––This Order may be called the Central Goods and Services Tax (Third Removal of Difficulties) Order, 2018.

2. In section 44 of the Central Goods and Services Tax Act, 2017, in the Explanation, for the figures, letters and word “31st March, 2019”, the figures, letters and word “30th June, 2019”shall be substituted.


(Dr. Sreeparvathy S.L.)
Under Secretary to the Government of India.


📚Frequently Asked Questions (FAQs) on Order No. 3/2018-Central Tax

Q1: What is Order No. 3/2018-Central Tax about?

Answer:
Order No. 3/2018-Central Tax, issued on 16 August 2018, announces the constitution of a Standing Committee under Rule 97(4) of the CGST Rules, 2017. This committee oversees the management and utilization of the Consumer Welfare Fund (CWF) and ensures policy-level guidance on GST-related consumer benefits.

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Q2: What is the purpose of the Standing Committee under Rule 97(4)?

Answer:
The Standing Committee was created to oversee proposals related to the utilization of the Consumer Welfare Fund (CWF), which accumulates unclaimed taxes or amounts credited under GST provisions. The committee evaluates how best to use these funds for the welfare of consumers in line with GST law.

Q3: Who are the members of the Standing Committee constituted under this order?

Answer:
The committee includes a cross-ministerial representation. Key members are:

Secretary, Department of Consumer Affairs (Chairperson)
Secretary, Department of Expenditure or Financial Adviser (Vice-Chairperson)
Chairman, CBIC or senior official from Dept. of Revenue
Member (GST), CBIC
Economic Advisor, Department of Rural Development
CEO, FSSAI
Representatives from Ministry of Information & Broadcasting, Higher Education, and Bureau of Indian Standards
Member Secretary from the Department of Consumer Affairs

Q4: How is this order connected to Notification No. 2/2019-Central Tax (Rate)?

Answer:
Though the order was issued in 2018, it laid the groundwork for evaluating and managing consumer welfare initiatives which may include rate changes, exemptions, and benefits later enacted in Notification No. 2/2019. This order strengthens policy governance to avoid misuse of GST-generated funds.

Q5: What is Rule 97(4) of the CGST Rules, 2017?

Answer:
Rule 97(4) specifies that a Standing Committee should be established to manage the Consumer Welfare Fund. It defines how the fund should be administered and ensures that disbursements are made with proper scrutiny and in the consumer’s interest.

Q6: Why is the Consumer Welfare Fund (CWF) important under GST?

Answer:
CWF holds money that arises from unutilized credits, refunds not claimed by taxpayers, or tax collected in excess. Rather than being refunded, these sums are diverted for consumer welfare through education, awareness, and protection initiatives. The Standing Committee ensures proper and lawful use of this fund.

Q7: What impact does this committee have on taxpayers or businesses?

Answer:
While the committee doesn’t directly interact with taxpayers, its role in managing consumer-related policies ensures businesses remain accountable, transparent, and fair in GST compliance. It promotes trust in the GST ecosystem.

Q8: Who monitors the implementation of the committee’s decisions?

Answer:
The decisions of the Standing Committee are reviewed and implemented by the Ministry of Consumer Affairs, CBIC, and associated departments. The Committee’s recommendations guide how the CWF is used for initiatives like GST awareness camps, helplines, and consumer literacy.

Q9: Can businesses apply for funds or participate in CWF-related initiatives?

Answer:
Yes. NGOs, consumer organizations, and occasionally private entities may apply for grants or participation in projects funded through the CWF, subject to guidelines. Finodha can help such entities navigate the regulatory process.

Q10: How can Finodha help businesses stay aligned with such policy updates?

Answer:
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✅ Conclusion:

Order No. 3/2018-Central Tax strengthens the institutional governance around GST-related consumer welfare activities. The Standing Committee under Rule 97(4) ensures that unclaimed tax credits and similar funds are used in a transparent and impactful way.

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Download PDF: Order No. 3/2018-Central Tax


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