The Jharkhand Commercial Taxes Department, through a notification dated 12th December, 2023, introduced amendments to the Jharkhand Goods and Services Tax Rules, 2017. The rules are called the Jharkhand Goods and Services Tax (Second Amendment) Rules, 2023, which shall be effective from 4th August, 2023.
The amendments cover a range of areas, including timeframes, processes, and rules related to information submission, registration suspension and revocation, physical verification of business premises, value of supplies, e-way bill generation, compounding amounts for offenses, consent-based information sharing, and notices for return defaulters. Additionally, new forms like FORM GST DRC-01C and FORM GST DRC-01D have been introduced, while existing forms like FORM GSTR-9 and FORM GSTR-9C have been amended.
Key aspects of the notification include provisions addressing input tax credit differences, recovery of outstanding dues, and notices for non-filing of annual returns. The amendments introduce Rule 88D, which streamlines the handling of input tax credit discrepancies. Under this rule, discrepancies between the input tax credit stated in the auto-generated statement and the credit claimed in the return trigger an intimation to the taxpayer. Taxpayers receive the intimation electronically in Part A of FORM GST DRC-01C. They must either pay the excess credit with interest via FORM GST DRC-03 or explain the discrepancy within seven days. Failure to address the excess credit may result in the suspension of registration and intimation of recoverable amounts under Section 79.
The amendments also introduce new reporting requirements for annual returns. FORM GSTR-9 now includes additional reporting instructions for the financial year 2022-23. Registered persons must report non-GST supply separately for this period and have the option to either separately report exempted and nil-rated supplies or provide consolidated information for these two categories in the “exempted” row only. The due date for filing the annual return for the financial year 2022-23 has passed, and non-compliance may lead to penalties as per the law. These new reporting requirements emphasize the importance of timely and accurate filing of annual returns for the specified financial year.
The amendments have implications for non-taxable online recipients and registered persons in India. They primarily focus on reporting requirements and tax payment obligations for taxable outward supplies made to registered persons in India. The tax on these supplies is to be paid by the registered persons on a reverse charge basis. The amendments involve changes to the reporting format and the substitution of specific words and provisions related to the reporting of taxable outward supplies to registered persons in India.
Furthermore, provisions for the suspension of registration and the intimation of recoverable amounts under section 79 are introduced in case of non-compliance with the handling of input tax credit differences. Consequently, non-taxable online recipients and registered persons in India will need to adhere to the revised reporting formats and tax payment requirements as per the amended rules.
To summarize, the recent notification introduces comprehensive amendments to the Jharkhand Goods and Services Tax Rules of 2017. These amendments cover various aspects of the GST Act, such as rules, forms, and provisions for handling defaults and non-compliance. The objective of these amendments is to streamline processes, enhance compliance, and provide clarity on various aspects related to the Goods and Services Tax Act, 2017.
