THE UTTARAKHAND GOODS AND SERVICES TAX ACT, 2017 (Notification)
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Body Notification No.374/2021/3(120)/ XXVII(8)/2021/CT-15, Dated, 08th July, 2021

In exercise of the powers conferred by section 164 of the Uttarakhand Goods and Services Tax Act, 2017 (Act No. 06 of 2017), on the recommendation of the Council, the Governor make the following rules to further amend the Uttarakhand Goods and Services Tax Rules, 2017, namely:-

The Uttarakhand Goods and Services Tax (Fifth Amendment) Rules, 2021

1. Short title and Commencement

(1) These rules may be called the Uttarakhand Goods and Services Tax (Fifth Amendment) Rules, 2021.

(2) They shall deemed to have been come into force on 18th May, 2021.

2. Amendment of Rule 23

In the Uttarakhand Goods and Services Tax Rules, 2017(hereinafter referred to as the Principal Rules), in rule 23, in sub-rule (1), after the words "date of the service of the order of cancellation of registration", the words and figures "or within such time period as extended by the Additional Commissioner or the Joint Commissioner or the Commissioner, as the case may be, in exercise of the powers provided under the proviso to subsection (1) of section 30," shall be inserted;

3. Amendment of Rule 90

in rule 90 of the Principal rules,-

(a) in sub-rule (3), the following proviso shall be inserted, -

"Provided that the time period, from the date of filing of the refund claim in FORM GST RFD-01 till the date of communication of the deficiencies in FORM GST RFD-03 by the proper officer, shall be excluded from the period of two years as specified under sub-section (1) of Section 54, in respect of any such fresh refund claim filed by the applicant after rectification of the deficiencies.";

(b) after sub-rule (4), the following sub-rules shall be inserted, namely: -

"(5) The applicant may, at any time before issuance of provisional refund sanction order in FORM GST RFD-04 or final refund sanction order in FORM GST RFD-06 or payment order in FORM GST RFD-05 or refund withhold order in FORM GST RFD-07 or notice in FORM GST RFD-08, in respect of any refund application filed in FORM GST RFD-01, withdraw the said application for refund by filing an application in FORM GST RFD-01 W.

(6) On submission of application for withdrawal of refund in FORM GST RFD-01W, any amount debited by the applicant from electronic credit ledger or electronic cash ledger, as the case may be, while filing application for refund in FORM GST RFD-01, shall be credited back to the ledger from which such debit was made."

4. Amendment of Rule 92

In rule 92 of the Principal rules, -

(a) in sub-rule (1), the proviso shall be omitted;

(b) in sub-rule (2), -

(i) for the word and letter "Part B", the word and letter "Part A" shall be substituted;

(ii) the following proviso shall be inserted, namely: -

"Provided that where the proper officer or the Commissioner is satisfied that the refund is no longer liable to be withheld, he may pass an order for release of withheld refund in Part B of FORM GST RFD- 07 ";

5. Amendment of Rule 96

In rule 96 of the Principal rules,-

(a) in sub-rule (6), for the word and letter "Part B", the word and letter "Part A" shall be substituted;

(b) in sub-rule (7), for the words, letters and figures, "after passing an order in FORM GST RFD-06", the words, letters and figures, "by passing an order in FORM GST RFD-06 after passing an order for release of withheld refund in Part B of FORM GST RFD-07" shall be substituted;

6. Amendment of FORM GST REG-21

In FORM GST REG-21 of the Principal Rules, under the subheading "Instructions for submission of application for revocation of cancellation of registration", in the first bullet point "after the words "date of service of the order of cancellation of registration", the words and figures "or within such time period as extended by the Additional Commissioner or the Joint Commissioner or Commissioner, as the case may be, in exercise of the powers provided under proviso to sub-section (1) of section 30," shall be inserted;

7. Amendment of rule 138E

In rule 138E of the Principal rules, for the words, figures and brackets "Notwithstanding anything contained in sub-rule (1) of rule 138, no person (including a consignor, consignee, transporter, an e-commerce operator or a courier agency) shall be allowed to furnish the information in PART A of FORM GST EWB-01 in respect of a registered person, whether as a supplier or a recipient, who,-", the words, figures and brackets "Notwithstanding anything contained in sub-rule (1) of rule 138, no person (including a consignor, consignee, transporter, an e-commerce operator or a courier agency) shall be allowed to furnish the information in PART A of FORM GST EWB-01 in respect of any outward movement of goods of a registered person, who,-" shall be substituted.

8. Amendment of FORM GST RFD-07

In the Principal Rules, for FORM GST RFD-07, the following bORM shall be substituted, namely: -

"FORM GST RFD-07

[See rules 92(2) & 96(6)]

Reference No.

Date: <DD/MM/YYYY>

...................(GSTIN/UIN/Temp. ID)

...................(Name)

...................(Address)

...................(ARN)

PART-A

Order for Withholding the Refund

Refund payable to the taxpayer with respect to ARN specified above are hereby withheld in accordance with the provisions of sub-section (10)/(11) of section 54 of the CGST Act, 2017. The reasons for withholding are given as under:

S. No.	Particulars
1	ARN
2	Amount Claimed in RFD-01	<Auto-populated>
3	Amount Inadmissible in RFD-06	<Auto-populated>
4	Amount Adjusted in RFD-06	<Auto-populated>
5	Amount Withheld
6	Reasons for withholding (Morethan one reason can be selected)	o Recoverable dues not paid oIn view of sub-section 11 of section 54 o On account of fraud(s) of serious nature o Others (specify)
7	Description of the reasons	(Up to 500 characters, separate file can be attached for detailed reasons)
8	Record of Personal Hearing	(Up to 500 characters, separate file can be attached for detailed records)

PART-B

Order for Release of Withheld Refund

This has reference to your refund application <ARN> dated <date> against which the payment of refund amount sanctioned vide order <RFD-06 order No.> dated <date> was withheld by this office order <order reference INo.> dated <date>. It has been now found to my satisfaction that the conditions for withholding of refund no longer exist and therefore, the refund amount withheld is hereby allowed to be released as given under:

S. No.	Particulars
1	ARN
2	Amount Claimed in RFD-01	<Auto-populated>
3	Amount Inadmissible in RFD-06	<Auto-populated>
4	Amount Adjusted in RFD-06	<Auto-populated>
5	Amount Withheld in RFD-06	<Auto-populated>
6	Amount Released
7	Amount to be Paid

Place:	Signature (DSC):
Date:	Name:
	Designation:
	Office Address: ";

9. Insertion of new FORM GST RFD-01W

In the Principal Rules, After FORM GST RFD-01 B, the following FORM shall be inserted, namely: -

"FORM GST RFD-01 W

[Refer rule 90(5)]

Application for Withdrawal of Refund Application

1.	ARN	:
2.	GSTIN	:
3.	Name of Business (Legal)	:
4.	Trade Name, if any	:
5.	Tax Period	:
6.	Amount of Refund Claimed	:
7.	Grounds for Withdrawing Refund Claim :
(i)	Filed the refund application by mistake
(ii)	Filed Refund Application under wrong category
(iii)	Wrong details mentioned in the refund application
(iv)	Others (Please specify)

8. Declaration: I/We <:Taxpayer Name> hereby solemnly affirm and declare that the information given herein is true and correct to the best of my/our knowledge and belief, and nothing has been concealed therefrom.

Place:	Signature of Authorised Signatory

Date:	Name
	Designation/Status".

(Sowjanya)

Secretary