CBIC notifies CGST (Fifth Amendment) Rules, 2022: Notification

Notification No. 62/2022 –Central Tax dated December 26th, 2022

The GST Council in its 48th meeting has made several recommendations relating to changes in GST and now, the CBIC has issued Central Goods and Services Tax (Fifth Amendment) Rules, 2022 to notify changes recommended by the GST Council. In this regard, notification has been issued. The key changes are:

1. Form GSTR-1 has been amended to change the manner of reporting details relating to supplies made through the e-commerce operator (‘ECO’)

2. Procedure is prescribed for filing application of refund by the unregistered buyers where the contract/ agreement for supply of services, like construction of flat/house and long-term insurance policy, is cancelled.

3. Rule 37A is inserted under the CGST Rules to provide for the mechanism and time limit of reversal of ITC by the recipient where tax is not paid by the supplier to the Government

4. New Rule 88C and Form GST DRC-01B in the CGST Rules for issuing intimation to the taxpayer for the differences between liability reported in Form GSTR-1 and in Form GSTR-3B, where such difference exceeds a specified amount and/ or percentage

5. Rule 37(1) of the CGST Rules is amended w.e.f. 01-10-2022 to provide for the reversal of input tax credit only proportionate to the amount not paid to the supplier vis-a-vis the value of the supply, including tax payable

6. Rule 108 and Rule 109 of the CGST Rules are amended to provide clarity on the requirement of submission of the certified copy of the order appealed against and the issuance of final acknowledgement by the appellate authority

7. New Rule 109C and new Form GST APL-01/03W to provide the facility for withdrawal of an application of appeal up to a certain specified stage

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