GST sections amended in Finance Act 2021 yet to be notified

GST Sections amended in Finance Act 2021
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GST sections amended in Finance Act 2021 yet to be notified

 

Finance Act 2021 made around sixteen amendments which include insertions and substitutions made in the CGST Act 2017 as well as the IGST Act 2017. They were covered by section 108 to section 123 of the Finance Act, 2021 (13 of 2021). Ministry of Finance has issued so far the following notifications in order to notify the effective date of when the sections will come into force.

Notifications issued for the effective date of the sections of Finance Act, 2021 (13 of 2021)

 

Sec No. in  Fin Act 2021

Section Short description of amendment  Effective Date Notification

108

Sec 7(1)(aa) The term ‘Supply’ has been expanded to include private clubs and associations, and their members. Yet to be notified

109

Sec 16(2)(aa) Additional condition to avail ITC laid down

Yet to be notified

110 Sec 35(5) GST Audit being abolished by the omission of sub-section 01.08.2021

CGST Ntf No. 29 dated 30.07.2021

111

Sec 44 Self-certification for GST Reconciliation 01.08.2021 CGST Ntf No. 29 dated 30.07.2021
112 Sec 50(1) Interest on net cash liability retrospectively 01.06.2021

CGST Ntf No. 16 dated 01.06.2021

113

Sec 74 Separate proceeding for Supplier and Transporter  – Yet to be notified
114 Sec 75(12) Self-assessed tax redefined

Yet to be notified

115

Sec 83(1) Provisional Attachment will be valid from initiation of proceedings till the order is passed  – Yet to be notified
116 Sec 107(6) Appeal against order of detention/seizure after depositing 25% penalty

Yet to be notified

117

Sec 129 For releasing detained goods
If the owner comes forward then pay a penalty equal to 200% of tax payable.
If the owner doesn’t come forward then pay a penalty higher of 200% tax payable or 50% value of goods.
For releasing detained vehicle
Pay the lower from the following Rs 1 lakh or a penalty calculated above

Yet to be notified

118

Sec 130 If the Officer gives an option to the owner to pay in lieu of confiscation of goods then the penalty shall be equivalent to 100% of the tax payable
(Note: The penalty shall not be more than the market value of goods ignoring the tax)
Yet to be notified
119 Sec 151 Empowers Jurisdictional commissioner to call upon any person for information relating to GST

Yet to be notified

120

Sec 152 Any information shall not be used
for any proceedings, without  giving an opportunity of being heard

Yet to be notified

121

Sec 168 Section 44 shall be substituted in place of section 44(1) relates to the amendment of the GST audit Yet to be notified
122 Sch II  Schedule II paragraph 7 has been omitted

Yet to be notified

123

 IGST Sec 16 Supply of goods or services to SEZ will be treated as zero-rated supplies only if it is for authorized operations. Yet to be notified

Note: The amendments are first proposed as Finance Bill then approved in both the Houses of Parliament and further get assent from the President of the Nation.  Changes made in the Act are to be notified by Central Government in the Official Gazette. These amendments do not require approval in the GST Council Meeting. The reason for the delay in notifying the above amendments by Central Government is unknown.

 


 


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About CA Ankita Khetan 169 Articles
Ankita is a Chartered Accountant in practice and holds a Diploma in IFRS (from ACCA, UK). She is also a Commerce PG and Certified Independent Director (from IICA). She holds a certification in Forex and Treasury Management. Her area of expertise is GST and Income tax. She is passionate about reading, writing, and sharing knowledge on areas related to finance and taxation.

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