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Government of India
Ministry of Finance
(Department of Revenue)
Central
Board of Indirect Taxes and Customs
Notification No. 75/2019 –
Central Tax
New Delhi, the 26th December, 2019
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, on the
recommendations of the Council, 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,
2019.
(2) Save as otherwise provided, they shall come into
force on the date of their publication in the Official Gazette.
2. In the
Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said
rules), with effect from the 1st January, 2020, in rule 36, in sub-rule (4), for
the figures and words “20 per cent.”, the figures and words “10 per cent.” shall
be substituted.
3. In the said rules, after rule 86, the following rule shall be
inserted, namely:-
“86A. Conditions of use of amount
available in electronic credit ledger.-
(1) The Commissioner or an officer
authorised by him in this behalf, not below the rank of an Assistant
Commissioner, having reasons to believe that credit of input tax available in
the electronic credit ledger has been fraudulently availed or is ineligible in
as much as
a) the credit of input tax has been availed on the strength of tax
invoices or debit notes or any other document prescribed under rule 36-
i.issued by a registered person who has been found non-existent or not to be
conducting any business from any place for which registration has been obtained;
or
ii.without receipt of goods or services or both; or
b) the credit of input tax has been availed on the strength of tax invoices or
debit notes or any other document prescribed under rule 36 in respect of any
supply, the tax charged in respect of which has not been paid to the Government;
or
c) the registered person availing the credit of input tax has been found
non-existent or not to be conducting any business from any place for which
registration has been obtained; or
d) the registered person availing
any credit of input tax is not in possession of a tax invoice or debit note or
any other document prescribed under rule 36,
may, for reasons to be recorded in
writing, not allow debit of an amount equivalent to such credit in electronic
credit ledger for discharge of any liability under section 49 or for claim of
any refund of any unutilised amount.
(2)The Commissioner, or the officer
authorised by him under sub-rule (1) may, upon being satisfied that conditions
for disallowing debit of electronic credit ledger as above, no longer exist,
allow such debit.
(3) Such restriction shall cease to have effect after the
expiry of a period of one year from the date of imposing such restriction.”.
4. In the said rules, with effect from the 11th January, 2020, in rule 138E,
after clause (b), the following clause shall be inserted, namely:-
“(c) being a person other than a person specified in clause (a), has not
furnished the statement of outward supplies for any two months or quarters, as
the case may be.”.
[F.No.20/06/09/2019-GST]
(Ruchi Bisht)
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. 68/2019 - Central Tax, dated the 13
th December, 2019, published vide
number G.S.R. 924(E), dated the 13th December, 2019.
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