DYKS No. : 505 | Date : 21/06/2017

Dear Professional Colleague,

Finalization of all remaining draft GST rules except e-way bill

Dear Professional Colleague,

The all-powerful GST Council recently conducted its 17th meeting on 18th June, 2017. One of the important decisions taken was the finalization of several draft rules. Following rules and their formats were finalized:

1.  Anti-profiteering - GST Council approved the procedural framework for the proposed anti-profiteering authority and constitution of the Standing Committee and Screening Committee on Anti-profiteering to litigate proceedings related to reduction in prices.

2.   Advance ruling – Rules for Advance ruling were finalized and following formats were also released.

Sr. No.

Form No.

Description

1

GST ARA-01

Application Form for Advance Ruling

2

GST ARA-02

Appeal to the Appellate Authority for Advance Ruling

3.      Appeals and revisions – Rules for Advance ruling were finalized and following formats were also released.

Sr. No

Form No.

Content

1.

GST APL -01

Appeal to Appellate Authority

2.

GST APL -02

Acknowledgement of submission of appeal

3.

GST APL -03

Application to the Appellate Authority under sub-section (2) of Section 107

4.

GST APL -04

Summary of the demand after issue of order by the Appellate Authority, Tribunal or Court

5.

GST APL -05

Appeal to the Appellate Tribunal

6.

GST APL -06

Cross-objections before the Appellate Authority / Appellate Tribunal

7.

GST APL -07

Application to the Appellate Tribunal under sub section (3) of Section 112

8.

GST APL -08

Appeal to the High Court under section 117

4.      E-way bill - Rules relating to E-way bill are still under discussions and not yet finalized. Finance Minister indicated in his speech that states may continue with their own current system on e-way bills which creates more ambiguity for businesses and professional as GST does not borrow any provisions from VAT laws for e way bills.

5.      Assessment and audit - Rules for Advance ruling were finalized and following formats were also released.

Sr. No

Form No.

Title of the Form

1

Form GST ASMT – 01

Application for Provisional Assessment u/s 60

2

Form GST ASMT – 02

Notice for Seeking Additional Information / Clarification /Documents for provisional/ Final assessment

3

Form GST ASMT – 03

Reply to the notice seeking additional information

4

Form GST ASMT – 04

Order of Acceptance or Rejection of Provisional Assessment Order

5

Form GST ASMT – 05

Furnishing of Security

6

Form GST ASMT – 06

Notice for Seeking Additional Information / Clarification /Documents for final assessment

7

Form GST ASMT – 07

Final Assessment Order

8

Form GST ASMT – 08

Application for Withdrawal of Security

9

Form GST ASMT – 09

Order for release of security or rejecting the application

10

Form GST ASMT – 10

Notice for intimating discrepancies in the return after scrutiny

11

Form GST ASMT – 11

Reply to the notice issued u/s 61 intimating discrepancies in the return

12

Form GST ASMT – 12

Order of acceptance of reply against the notice issued u/s 61

13

Form GST ASMT – 13

Assessment order u/s 62

14

Form GST ASMT – 14

Show Cause Notice for assessment u/s 63

15

Form GST ASMT – 15

Assessment order u/s 63

16

Form GST ASMT – 16

Assessment order u/s 64

17

Form GST ASMT – 17

Application for withdrawal of assessment order issued u/s 64

18

Form GST ASMT – 18

Acceptance or Rejection of application filed u/s 64 (2)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.      Audit  However, in case of audit proceedings, only formats have been released by the government.

Sr. No

Form No.

Description

1

Form GST ADT – 01

Notice for conducting audit

2

Form GST ADT – 02

Audit Report under section 65(6)

3

Form GST ADT – 03

Communication to the registered person for conduct of special audit under section 66

4

Form GST ADT – 04

Information of Findings upon Special Audit


Hope the information will assist you in your Professional endeavors.

 

With regards,
Atul Kumar Gupta
B Com (Hons) FCA, FCMA, LLB, MIMA, CIQA, PGDEMM
Central Council Member of ICAI (2016-2019)
Former Chairman NIRC of Institute of Chartered Accountants of India
Former Chairman NIRC of Institute of Cost Accountants of India
Author of “Comprehensive Guide to Service Tax” & “GST Concept & Roadmap”
Mobile : 9810103611
Email : atul@servicetax.net