The Finance Department today issued notification making certain rules to amend the Jammu and Kashmir Goods and Services Tax Rules, 2017, in the Union Territory.
“In exercise of the powers conferred by section 164 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the Government, on the recommendation of Council, hereby makes certain rules further to amend the Jammu and Kashmir Goods and Services Tax Rules, 2017,” reads a notification issued by the Financial Commissioner, Finance Department, Dr Arun Kumar Mehta.
The notification (SO-345) reads: “Save as otherwise provided in these rules, they shall deem to have come into force on the date of publication of the corresponding notification under Central Goods and Services Tax Rules in the Central Gazette.”
In the Jammu and Kashmir Goods and Services Tax Rules, 2017, for rule 59, certain rules shall be substituted with effect from the 1st day of January, 2021.
“Every registered person, other than a person referred to in section-14 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), required to furnish the details of outward supplies of goods or services or both under section 37, shall furnish such details in form GSTR-1 for the month or the quarter, as the case may be, electronically through the common portal, either directly or through a Facilitation Centre as may be notified by the Commissioner,” the notification reads.
It states: “The registered persons required to furnish return for every quarter under proviso to sub-section (1) of section 39 may furnish the details of such outward supplies of goods or services or both to a registered person, as he may consider necessary, for the first and second months of a quarter, up to a cumulative value of fifty lakh rupees in each of the months,- using Invoice Furnishing Facility (IFF) electronically on the common portal, duly authenticated in the manner prescribed under rule 26, from the 1st day of the month succeeding such month till the 13th day of the said month.”
The class of registered persons has been defined as those whose principal place of business is in the Union Territory of J&K and due date defined as ‘twenty-fourth day of the month succeeding such quarter.’
A registered person, whose aggregate turnover exceeds 5 crore rupees during the current financial year, shall opt for furnishing of return on a monthly basis, electronically, on the common portal, from the first month of the quarter, succeeding the quarter during which his aggregate turnover exceeds Rs 5 crores.
In a separate notification, the Finance Department has stated: “The Government, on the recommendations of the Council, notifies the registered persons, notified under proviso to sub-section (1) of section 39 of the said Act, who have opted to furnish a return for every quarter or part thereof, as the class of persons who may, in first month or second month or both months of the quarter, follow the special procedure such that the said persons may pay the tax due under proviso to sub-section (7) of section 39 of the said Act, by way of making a deposit of an amount in the electronic cash ledger equivalent.”
Notifying SOs for Jammu and Kashmir Goods and Services Tax Act, 2017, the Finance Department notification reads: “SO 381 – in exercise of the powers conferred by section 1A of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017) read with S.O 3466 (E) dated 5th of October, 2020 issued by Ministry of Home Affairs, Department of Jammu and Kashmir and Ladakh Affairs, the Government of Jammu and Kashmir hereby appoints the 1st day of January, 2020, as the date on which the provisions of section 10; second proviso to section 22; sub-clause 6 (A), (6B), 6 (C) and 6 (D) of section 25; section 31A; subsection (1) of section 44; subsection (10) and (11) of section 49; sub-section (3) and (4) of section 52; section 53 (A); section 168 and subsection 3A of section 171 of the said Act shall be deemed to have come into force.”
In a separate notification, the Finance Department in SO-382 reads that “the Government of Jammu and Kashmir appoints the 31st day of March, 2020, as the date on which the provisions of section 168A of the said Act shall be deemed to have come into force.”
In another notification, the Finance Department states: “SO-383, Govt appoints the 18th day of May, 2020, as the date on which the provisions of section 140 of the said Act, shall be deemed to have come into force.”
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