Goods and services Tax Settlement of funds Rules 2017 notified

Goods and services Tax Settlement of funds Rules 2017 notified providing for distribution of tax among the States under Goods and services Tax (GST) regime

GST Tax Settlement of funds Rules 2017


MINISTRY OF FINANCE

(Department of Revenue)

NOTIFICATION

New Delhi, the 27th July, 2017

G.S.R. 964(E).—In exercise of the powers conferred by section 53 read with section 17 of the Central Goods and Services Tax Act, 2017 (12 of 2017), section 17 and 18 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017) and section 21 of the Union Territories Goods and Services Tax Act, 2017 (14 of 2017), the Central Government hereby makes the following rules namely:—

1. Short Title and Commencement.—(1) These rules may be called the Goods and services Tax Settlement of funds Rules, 2017.
(2) They shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions.— (1) (a) “Authorities” means the Board, State Tax Nodal Authority, Principal Chief Controller of Accounts, Central Board of Excise and Customs and State Accounting Authorities of the respective States;
(b) “Board” means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963;
(c) “Government” means the Central Government;
(d) “input tax credit” means the credit of input tax;
(e) “registered person” means a person who is registered under section 25 of the Central Goods and Services Tax Act, 2017, but does not include a person having a Unique Identity Number;
(f) “reports’ means any report specified or otherwise required to be furnished by or under these rules;
(g) “State Accounting Authority” means Accounting Authority of any State as notified by the concerned State Government;
(h) “State Tax Nodal Authority” means the Taxation Authority of any State as notified by the concerned State government (s);

(2) Words and expressions used and not defined in these rules, but defined in the Central Goods and Services Tax Act, 2017, the Integrated Goods and Services Tax Act, 2017 and the Union Territories of Goods and Services Tax Act, 2017 shall have the same meanings as respectively assigned to them in those Acts.

3. Electronic transmission of the Reports.– (1) The Goods and Services Tax Network shall transmit reports electronically to the Authorities as provided hereunder.
(2) The Reports, as referred to in sub-rule (1) shall be submitted-
(a) by 25th of the month in which Goods and Services Tax returns are submitted, in case of monthly reports; and
(b) by the 25th of October of the subsequent financial year, in case of annual reports, in case of report relating to non-unutilised input tax credit:

Provided that if 25th of the month is a holiday, then the report shall be sent by the first working day after the holiday:
Provided further that if the date of filing of return is extended, then the date of generation of settlement report shall stand extended accordingly and in case the return for September is filed late the report related to nonutilised input tax credit shall be sent accordingly.

4. Report of Cross-Utilisation and Apportionment of Integrated Tax between Centre (Integrated Tax) and State (State Tax) or Central (Integrated Tax) and Centre (Union Territory Tax).—
(1) The details relating to the transfer of funds to be made between Centre (Integrated Tax) and State (State Tax) or Centre (Integrated Tax) and Centre (Union territory Tax) shall be sent by Goods and Services Tax Network to the Authorities, in FORMS GST STL 01.01 to GST STL – 01.12, for each State and Union Territory, as follows—

(a) a monthly Consolidated statement for each State in FORM GST STL – 01.01 containing the details referred to in clause (b) relating to the total amount to be transferred from the Centre (Integrated Tax) to the State (State Tax) or the Centre (Union Territory Tax), or vice-versa, on account of cross-utilisation of credit as per section 53 of the Central Goods and Services Tax Act and the Goods and Services Tax Act of the concerned State(hereinafter referred to as State Goods and Services Tax Act), section 21 of the Union Territory Goods and Services Tax Act and section 18 of the Integrated Goods and Services Tax Act, and from the Centre (Integrated Tax) to the State (State Tax) or the Centre (Union Territory Tax) on account of apportionment as provided for in section 17 of the Integrated Goods and Services Tax Act; 

(b) the monthly reports containing State-wise details pertaining to the information contained in FORM GST STL – 01.01 are as under—

(i) list of registered persons of the State or Union Territory who have adjusted liability of Integrated Tax from the input tax credit of State Tax or Union Territory Tax and Central Tax, as provided under section 53 of the Central Goods and Services Tax Act and the State Goods and Services Tax Act, or section 21 of the Union Territory Goods and Services Tax Act (including cross utilisation by Input Service Distributor), as the case may be, in FORM GST STL – 01.02.

Note: The summary of Integrated Tax paid from the input tax credit of Central Tax and from the input tax credit of State Tax or Union Territory Tax shall be reflected in column 3 of FORMS GST STL 1.01 and 2.01 respectively;

(ii) list of registered persons of the State or Union territory who have adjusted liability of State Tax or Union Territory Tax, as the case may be, from the input tax credit of Integrated Tax, as provided under section 18 of the Integrated Goods and Services Tax Act, in FORM GST STL – 01.03.

Note: The summary of State Tax/Union Territory Tax paid from the input tax credit of the Integrated Tax shall be reflected in column 4 of FORMS GST STL 1.01;

(iii) list of registered persons or unregistered persons who have paid Integrated Tax in the following cases and the said Integrated Tax has to be apportioned as per the provisions of section 17 of the Integrated Goods and Services Tax Act-

(a) list of registered persons of other State or Union Territory who have made outward inter-State supply, including Input Service Distributor distribution, to unregistered persons or units of the concerned State or Union Territory or taxpayers who have made exports or have made supplies to SEZ on payment of tax, including non filers who have Integrated Tax credit available with them , in FORM GST STL – 01.04.

Note: The summary of Integrated Tax to be apportioned as State Tax or Union Territory Tax and Central Tax from this statement shall be reflected in column 5 of both FORM GST STL 1.01 and FORM GST STL 2.01, respectively;

(b) list of registered persons of other State or Union Territory who have made inter-State supply to composition taxable person or Non-resident taxpayer or Unique Identification Number holders of the State, in FORM GST STL – 01.05.

Note: The summary of Integrated Tax to be apportioned as State Tax or Union Territory Tax and Central Tax portion of Integrated Tax from this statement shall be reflected in column 6 of both FORM GST STL 1.01 and FORM GST STL 2.01, respectively;

(c) list of registered persons of other State or Union Territory who have made inter-State inward supplies for which input tax credit is declared as ineligible as provided for in section 17 of the Central Goods and Services Tax Act and State Goods and Services Tax Act and section 21 of the Union Territory Goods and Services Tax Act, or whose Integrated tax input tax credit has lapsed due to opting into composition scheme as provided for in sub-section (4) of section 18 of the Central Goods and Services Tax Act and State Goods and Services Tax Act or whose input tax credit  of Integrated tax has lapsed due to cancellation of registration, in FORM GST STL – 01.06

Note: The summary of Integrated Tax to be apportioned as State Tax or Union Territory Tax and Central Tax from this statement shall be reflected in column 7 of both FORM GST STL 1.01 and FORM GST STL 2.01, respectively;

(d) list of unregistered persons who have made imports in the concerned State or Union Territory, under clause (d) of sub-section (1) of section 17 of the Integrated Goods and Services Tax Act, in FORM GST STL – 01.08.

Note: The summary of Integrated Tax to be apportioned to State Tax or Union Territory Tax and Central Tax from this statement shall be reflected in column 9 of both FORM GST STL 1.01 and FORM GST STL 2.01, respectively;

(e) list of composition taxpayer or Unique Identification Number holders in a State or Union Territory who have made imports, in FORM GST STL – 01.09.

Note: The summary of Integrated tax to be apportioned to State Tax or Union Territory Tax and Central Tax from this statement shall be reflected in column 10 of both FORM GST STL 1.01 and FORM GST STL 2.01, respectively;

………………..

………………..

[F. No. 31013/16/2017-ST-I-DoR]
S. R. MEENA, Under Secy.

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