Power of Government to make rules

0
221

Central Goods and Service Tax Act, 2017

Power of Government to make rules (Sec. 164)


(1) The Government may, on the recommendations of the Council, by notification, make rules for carrying out the provisions of this Act.

(2) Without prejudice to the generality of the provisions of sub-section (1), the Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provisions are to be or may be made by rules.

(3) The power to make rules conferred by this section shall include the power to give retrospective effect to the rules or any of them from a date not earlier than the date on which the provisions of this Act come into force.

(4) Any rules made under sub-section (1) or sub-section (2) may provide that a contravention thereof shall be liable to a penalty not exceeding ten thousand rupees.

Notes

  • This section confers powers on the Central Government to make rules for carrying out the provisions of the Act on recommendations of the Council. Section 164 of the Central Goods and Services Act, 2017 seeks to empower the Central Government to make rules, inter alia, in the following matters, namely:—

    1. collection of taxes under section 9;
    2. restrictions and conditions applicable to person opting for composition levy on under section 10;
    3. value of the supply of goods or services or both under section 15;
    4. conditions and restrictions on availing input tax credit and categories of tax paying documents under section 16;
    5. depreciation on capital goods and plant and machinery as specified under section 18;
    6. conditions and restrictions to allow input tax credit on inputs sent to a job-worker for job-work under section 19;
    7. conditions and restrictions to allow input tax credit on capital goods sent to a job worker for job work under section 19;
    8. manner of distribution of input tax credit by input service distributor under section 20;
    9. manner and conditions for getting registered under section 25;
    10. conditions for getting separate registration for business vertical under section 25;
    11. period in which tax invoice is to be issued under section 31;
    12. particulars to be declared on a tax invoice and a time in which such invoices are to be issued under section 31;
    13. particulars to be declared on a credit or debit note under section 34;
    14. particulars required to be maintained by a registered person at his principal place of business under section 35;
    15. form and manner in which details of outward supplies are to be declared under section 37;
    16. form and manner in which details of inward supplies are to be declared under section 38;
    17. form and manner in which a return is to be filed by the registered person under section 39;
    18. conditions and restrictions for provisional acceptance and claim of input tax credit under section 41;
    19. calculation of interest on delayed payment of tax under section 50;
    20. manner in which tax is to be deducted at source under section 51;
    21. manner in which tax is to be collected at source under section 52;
    22. manner and time for transfer of input tax credit under section 53;
    23. form and manner in which application of refund is to be made under section 54;
    24. condition and restrictions on refund in certain cases under section 55;
    25. manner in which consumer welfare fund is to be constituted under section 57;
    26. manner in which consumer welfare fund is to be utilised under section 58;
    27. form in which a bond for provisional assessment is to be filed under section 60;
    28. manner in which returns are to be scrutinised under section 61;
    29. frequency and manner in which audit will be taken by tax authorities under section 65;
    30. manner in which advance ruling pronounced is to be certified under section 98;
    31. form, manner and fee for appeal to Appellate Authority under section 100;
    32. manner in which Advance Ruling pronounced by the Appellate Authority is to be certified under section 101;
    33. appeals to Appellate Authority under section 107;
    34. constitution of selection committee and their manner of working for selection of the Technical Member (Centre) and Technical Member (State) of the National Bench and Regional Benches under section 110;
    35. verification of memorandum of cross objection under section 112;
    36. manner in which President exercise his financial and administrative powers under section 114;
    37. time, form and manner in which persons furnish information return under section 150;
    38. form and manner in which statistics is to be collected under section 151;
    39. fee for taking a copy of any order or document under section 163;
    40. powers and discharge such functions under section 171; and
    41. any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules.
Also Read  Migration of existing taxpayers
You must be logged in to post comments