Page 82 - GSTL_2nd April 2020_Vol 35_Part 1
P. 82

S8                            GST LAW TIMES                      [ Vol. 35
                                            3.  In the said rules, in rule 9, in sub-rule (1), with effect from 1-4-2020,
                                     the following sub-rule shall be inserted, namely :-
                                            “Provided that where a person, other  than those notified under sub-
                                            section (6D) of  section 25,  fails  to undergo authentication  of  Aadhaar
                                            number as specified in sub-rule (4A) of rule 8, then the registration shall
                                            be granted only after physical verification of the principle place of busi-
                                            ness in the presence of the said person, not later than sixty days from the
                                            date of application, in the manner provided under rule 25 and the provi-
                                            sions of sub-rule (5) shall not be applicable in such cases.”.
                                            4.  In the said rules, for rule 25, the following rule shall be substituted,
                                     namely :-
                                            “Physical  verification of business  premises in  certain  cases. - Where
                                            the proper officer is satisfied that the physical verification of the place of
                                            business of a person is required due to failure of Aadhaar authentication
                                            before the grant of registration, or due to any other reason after the grant
                                            of registration, he may get such verification of the place of business, in
                                            the presence of the said person, done and the verification report along
                                            with the other documents, including photographs, shall be uploaded in
                                            FORM GST  REG-30 on the common  portal within a period of  fifteen
                                            working days following the date of such verification.”.
                                            5.  In the said rules, in rule 43, in sub-rule (1) with effect from the 1st
                                     April, 2020, -
                                            (a)  for clause (c), the following clause shall be substituted, namely :-
                                                 “(c)  the amount of input tax in respect of capital goods not cov-
                                                 ered under clauses (a) and (b), denoted as ‘A, being the amount of
                                                 tax as reflected on the invoice, shall credit directly to the electronic
                                                 credit ledger and the validity of the useful life of such goods shall
                                                 extend upto five years from the date of the invoice for such goods :
                                                 Provided that where any capital goods earlier covered under clause
                                                 (a) is subsequently covered under this clause, input tax in respect of
                                                 such capital goods denoted as ‘A’ shall be credited to the electronic
                                                 credit  ledger subject to the condition that the  ineligible credit  at-
                                                 tributable to the period during which such capital goods were cov-
                                                 ered by clause (a), denoted as ‘T ie’, shall be calculated at the rate of
                                                 five percentage points for every quarter or part thereof and added
                                                 to the output tax liability of the tax period in which such credit is
                                                 claimed :
                                                 Provided further that the amount ‘T ie’ shall be computed separately
                                                 for input tax credit of central tax, State tax, Union territory tax and
                                                 integrated tax and declared in FORM GSTR-3B.
                                                 Explanation. - An item of capital goods declared under clause (a) on its re-
                                                 ceipt shall not attract the provisions of sub-section (4) of section 18, if it is
                                                 subsequently covered under this clause.”
                                            (b)  for clause (d), the following clause shall be substituted, namely :-
                                                 “the aggregate of the amounts of ‘A’ credited to the electronic credit
                                                 ledger under clause (c) in respect of common capital goods whose
                                                 useful life remains during the tax period, to be denoted as ‘T c’, shall
                                                 be the common credit in respect of such capital goods :
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