In exercise of the powers conferred by section 164 of the Tripura State Goods and Services Tax Act, 2017 (Tripura Act No. 9 of 2017), the Government, on the recommendations of the Council, hereby makes the following rules further to amend the Tripura State Goods and Services Tax Rules. 2017, namely:-
1.Short title and commencement. -
(1) These rules may be called the Tripura State Goods and Services Tax (Sixth Amendment) Rules, 2021".
(2) They shall come into force from the 1st day of August, 2021.
2. In the Tripura State Goods and Services Tax rules, 2017, (hereinafter referred to as the Principal rules), for rule 80, the following rule shall be substituted namely:-
80. Annual return.-
(1) Every registered person, other than those referred to in the second proviso to section 44, an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year as specified under section 44 electronically in FORM GSTR-9 on or before the thirty-first day of December following the end of such financial year through the common portal either directly or through a Facilitation Centre notified by the Commissioner :
Provided that a person paying tax under section 10 shall furnish the annual return in FORM GSTR-9A.
(2) Every electronic commerce operator required to collect tax at source under section 52 shall furnish annual statement referred to in sub-section (5) of the said section in FORM GSTR-9B.
(3) Every registered person, other than those referred to in the second proviso to section 44, an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, whose aggregate turnover during a financial year exceeds five crore rupees, shall also furnish a self-certified reconciliation statement as specified under section 44 in FORM GSTR-9C alongwith the annual return referred to in sub-rule (1), on or before the thirty-first day of December following the end of such financial year, electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner.
3. In the Principal rules, in FORM GSTR-9, in the instructions, -
(a) in paragraph 4, -
(A) after the expression "or FY 2019-20", the expression "or FY 2020-21" shall be inserted;
(B) in the Table, in second column, for the expression "and 2019-20" wherever they occur, the expression ",2019-20 and 2020-21" shall be substituted;
(b) in paragraph 5, in the Table, in second column, -
(A) against serial number 6B, after the expression "FY 2019-20", the expression "and 2020-21" shall be inserted;
(B) against serial numbers 6C and 6D, -
(I) after the expression "For FY 2019-20", the expression "and 2020-21" shall be inserted;
(II) for the expression "and 2019-20", the expression ", 2019-20 and 2020-21" shall be substituted;
(C) against serial number 6E, the expression "FY 2019-20", the expression "FY 2019-20 and 2020-21" shall be substituted;
(D) against serial number 7A, 7B, 7C, 7D, 7E, 7F, 7G and 7H, in the entry, for the expression "2018-19 and 2019-20", the expression "2018-19, 2019-20 and 2020-21" shall be substituted;
(c) in paragraph 7, -
(A) after the expression "April 2020 to September 2020.", the following expression shall be inserted, namely: -
"For FY 2020-21, Part V consists of particulars of transactions for the previous financial year but paid in the FORM GSTR-3B between April 2021 to September 2021.";
(B) in the Table, in second column, -
(I) against serial numbers 10 and 11, after the entries, the following entry shall be inserted, namely: -
"For FY 2020-21, details of additions or amendments to any of the supplies already declared in the returns of the previous financial year but such amendments were furnished in Table 9A, Table 9B and Table 9C of FORM GSTR-1 of April 2021 to September 2021 shall be declared here.";
(II) against serial number 12, -
(1) after the expression "For FY 2019-20, the registered person shall have an option to not fill this table.", the following entry shall be inserted, namely: -
"For FY 2020-21, aggregate value of reversal of ITC which was availed in the previous financial year but reversed in returns filed for the months of April 2021 to September 2021 shall be declared here. Table 4(B) of FORM GSTR-3B may be used for filling up these details.";
(2) for the expression "2018-19 and 2019-20", the expression "2018-19, 2019-20 and 2020-21" shall be substituted;
(III) against serial number 13, -
(1) after the expression "reclaimed in FY 2020-21, the details of such ITC reclaimed shall be furnished in the annual return for FY 2020-21,", the following entry shall be inserted, namely: -
"For FY 2020-21, details of ITC for goods or services received in the previous financial year but ITC for the same was availed in returns filed for the months of April 2021 to September 2021 shall be declared here. Table 4(A) of FORM GSTR-3B may be used for filling up these details. However, any ITC which was reversed in the FY 2020-21 as per second proviso to sub-section (2) of section 16 but was reclaimed in FY 2021-22, the details of such ITC reclaimed shall be furnished in the annual return for FY 2021-22.";
(d) in paragraph 8, in the Table, in second column, for the expression "2018-19 and 2019-20" wherever they occur, the expression "2018-19, 2019-20 and 2020-21" shall be substituted.".
4. In the said rules, in FORM GSTR-9C, -
(i) in Part A, in the table -
(a) in Sl no 9, after the entry relating to serial number K, the following serial number and entry relating thereto shall be inserted, namely: -
(b) in Sl no 11, after entry relating to "0.10%", the following entry shall be inserted, namely: -
(c) against Pt. V, -
(I) in the heading, for the words "Auditor's recommendation on additional Liability due to non-reconciliation", the words "Additional Liability due to non-reconciliation" shall be substituted;
(II) after entry relating to "0.10%", the following entry shall be inserted, namely: -
(ii) after the table, for the portion beginning with "Verification:" and ending with "and balance sheet etc.", the following shall be substituted, namely: -
"Verification of registered person:
I hereby solemnly affirm and declare that the information given herein above is true and correct and nothing has been concealed there from. I am uploading this self-certified reconciliation statement in FORM GSTR-9C. I am also uploading other statements, as applicable, including financial statement, profit and loss account and balance sheet, etc.";
(iii) in the instructions, -
(a) in paragraph 4, in the Table, in second column, for the expression "2018-19 and 2019-20" wherever they occur, the expression "2018-19, 2019-20 and 2020-21" shall be substituted;
(b) in paragraph 6, in the Table, in second column, for the expression "2018-19 and 2019-20" wherever they occur, the expression "2018-19, 2019-20 and 2020-21" shall be substituted.
(c) for paragraph 7, the following paragraph shall be substituted, namely, -
"7. Part V consists of the additional liability to be discharged by the taxpayer due to non-reconciliation of turnover or non-reconciliation of input tax credit. Any refund which has been erroneously taken and shall be paid back to the Government shall also be declared in this table. Lastly, any other outstanding demand which is to be settled by the taxpayer shall be declared in this Table.";
(iv) Part B Certification shall be omitted.
By order of the Governor,
(Dr. Vishal Kumar, IAS)
Joint Secretary Government of Tripura
Finance Department
Note: The principal rules were published in the Tripura Gazette, Extraordinary Issue, vide notification No. F.1-11(91)-TAX/GST/2017, dated the 22nd June, 2017, published vide number 206 dated the 22nd June, 2017 and last amended vide notification No. F.1-11(91)-TAX/GST/2021(PART), dated the 9th August, 2021 published in the Tripura Gazette, Extraordinary Issue, vide number 1504 dated the 10th August, 2021.