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Confusion over sub-rule (5) of Rule 59

inserted by CGST (Fourteenth Amendment) Rules, 2020

Confusion remains over sub-rule (5) of Rule 59 in the absence of any corrigendum to Notification No.94/2020 dated 22.12.2020.

Notification No. 94/2020 'seeks to insert' sub-rule (5) in Rule 59 w.e.f. 22.12.2020, however sub-rule (5) 'already exists' in Rule 59. So legally sub-rule (5) can only be 'substituted' and not inserted. Therefore it is not clear whether CBIC seeks to substitute the old sub-rule (5) with the new sub-rule or it intended to insert new sub-rule to be serially numbered as (6). 

A corrigendum to Notification No.94/2020 is awaited in this regard.

Rule 59
Prior to CGST (Fourteenth Amendment) Rule, 2020

1[59.

(1) Every registered person, other than a person referred to in section 14 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), required to furnish the details of outward supplies of goods or services or both under section 37, shall furnish such details in FORM GSTR-1 for the month or the quarter, as the case may be, electronically through the common portal, either directly or through a Facilitation Centre as may be notified by the Commissioner.

(2) The registered persons required to furnish return for every quarter under proviso to subsection (1) of section 39 may furnish the details of such outward supplies of goods or services or both to a registered person, as he may consider necessary, for the first and second months of a quarter, up to a cumulative value of fifty lakh rupees in each of the months,- using invoice furnishing facility (hereafter in this notification referred to as the “IFF”) electronically on the common portal, duly authenticated in the manner prescribed under rule 26, from the 1st day of the month succeeding such month till the 13th day of the said month.

(3) The details of outward supplies furnished using the IFF, for the first and second months of a quarter, shall not be furnished in FORM GSTR-1 for the said quarter.

(4) The details of outward supplies of goods or services or both furnished in FORM GSTR-1 shall include the –

(a) invoice wise details of all -

(i) inter-State and intra-State supplies made to the registered persons; and

(ii) inter-State supplies with invoice value more than two and a half lakh rupees made to the unregistered persons;

(b) consolidated details of all -

(i) intra-State supplies made to unregistered persons for each rate of tax; and 

(ii) State wise inter-State supplies with invoice value upto two and a half lakh rupees made to unregistered persons for each rate of tax;

(c) debit and credit notes, if any, issued during the month for invoices issued previously.

(5) The details of outward supplies of goods or services or both furnished using the IFF shall include the –

(a) invoice wise details of inter-State and intra-State supplies made to the registered persons;

(b) debit and credit notes, if any, issued during the month for such invoices issued previously.]

 

Click here to see full Rule 59

 


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Author:

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Dec 26, 2020


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