overnment of Jharkhand
t Commercial Taves
No VaKurGS10S2019 1 96]
The Additional Commissioner,
Joint Commissioners.
Deputy Commissioners,
Assistant Commissioners,
State Tax Officers.
Madam’Sir,
stered persons in
Subject: Clarification in respect of certain challengs
implementation of provisions of GST Laws
ved by the
lar No.136/06/2020-GST. dated 24.08.2020 had been issued 1 foun
relief measures taken by the Government of Jharkhand for fue weve i
compliance req) Snark ‘
Se Act 2 jo-as the “IGST Xe ecount
} Novel Coron i
¢ of the Commissioner 2 face
payers in adhering to the compliance requirements under various otlie* provisions of the
GST Aet whi
larified.
also need to,
The sssues ra
3 ed and: in- on
mplementation of the provisions of the law across the field formations, the Commissioner
cise of its powers conferred under section 168(1) of the JGST Act hereby clarith
x to
in ease GST is paid by the supplier on ad
received by a supplier fora future event which got cancelled subsequently and 1.
for a Service contract which invoice is issued before supply of service. he
‘hich subsequently supplier is required to issue a "eredit note
gut cancelled. The section 34 of the JGST Act. He shall decls
Supplier has issued such credit notes in the retwr for the mor
the invoice before such credit note has been issued. The tay lisbility shal
supply of service and adjusted in the return subject to conditions of section 3+
paid the GST thereon, | the JGST Act. There is no need to file a separate refi
Whether he can claim | claim.
refund. of tay p:
is he _ req’Cireular No, 13707/2020-GS1
cha jote can be adjusted, registered persons m:
proceed to file a claim under “Excess payment of tex
any” through FORM GST RED-1
in hiy returns 2
An advanee iy In case GST is paid by the supplier on advances received
received by a supplier for an event which got cancelled subsequently and for
for a Service contract which no invoice has been issued in terms of section 31 (2)
which got cancelled | of the JGST Act, he is required to issue a “refund voucher”
subsequently. ‘The in terms of section 31 (3) (e) of the JGST Act read with
supplier has issued rule $1 of the [GST Rules.
receipt. voucher and
paid the GST on such | The taxpayer can apply for refund of GST paid on such
advance received. advances by filing FORM GST RFD-01 under
Whether he ean claim category “Refund of excess payment of tax”.
refund of tux paid on
advance or
required to
tay liability
returns?
G
n Such a case where the goods supplied by a supplier
supplier u retumed by the recipient and where tay invoice had be
of a tay invoice are issued, the supplier is required to issue a “eredit note” in
returned by the terms of section 34 of the JGST Act. He shall declare the
recipient. Whether he details of such credit notes in the return for the month
can claim refund of | during which such credit note has been issued. The us
tax paid or is he | liability shall be adjusted in the return subject to conditions
required to adjust his’) of section 34 of the JGST Act. There is no need to file
tax liability in his | separate refund claim in such a case
returns ?
However, in eases where there is no output liability agains
Which a credit note can be adjusted, registered persons may
proceed to file a claim under “Excess payment of tax, if
any” through FORM GST RED-01
Letter of Undertaking» Notification No. 37/2017-State Tax.
LUT) furnished for juires: T to be furnished for a financial year. However.
the purposes of zer¢ n terms ot tification Ne 2020 State Tax dated
rated supplies as per 17 08.2020, whe rement under the GST Law for
snishing of any report, document, return, statement or
16 of the Integrated such other record falls during between the period fron
Goods and Services 20.03.2020 to 29.06.2020, has been extended till
Tax Act, 2017 read 30.06.2020
with rule 964 of the
JGST Rules _ has Therefore, in terms of Notification No. 35/2020- State Tax.
expired on 31.03.2020. time limit for filing of LUT for the year 2020-21 shall
Whether a registered _ stand extended to 30.06.2020 and the taxpayer ean continue
person can still make io make the suppl) without payment of tax under LUT
a zero-rated supply on provided that the FORM GST RFD-11 for 2020-21 is
such LUT and claim | furnished on or before 30.06.2020. Taxpayers may quote
refund accordingly or | the reference no of the LUT for the year 2019-20 in the
provisions of section
Page 2 of 3wae
~ does he have to make =
such supp!
payment of IGST and
claim refand of such
Ig SRe ea
While making the
Payment to recipient,
amount equivalent to
one per cent was
deducted as per the curing the period from 20.03.2020 to 29.06.20
sof section n extended till 30.06.2020 According
Sharkhand due d ishing of retura in FORM GSTR= aon
and Services with deposit of tax deducted for the said period hue
Tax Act. 2017 i.e. Tax estended till 30.06.2020 and no interest under sect
Dedueted at Source $0 shall be leviable if tax deducted is depasited he
(TDS). Whether the 30.06.2020.
date of deposit of such
payment has alu been
f
extended vide
notification x.
382020-State Tax
__dated a eeecae
6. AS per se |. | AS per noiification No, 342020. Si “
# person is required 17.08.2020. wh ne ny wort
' make required ws por
pplication —hefare Jharkhand Goods and Services
Spirs of 80 years the period trom 20.03.2020 wo >
from the relevant been extended till 10.06.2021 Ace
ate. Ifin a partiewlar for filing an application Jor refund #
se date for making period has also been extended till 8) +
pplication — for
tfund expires on
03.2020, can such
person make an
application for refund
_ before 29.07.2020
‘that suitable trade notices may be issued to publ
plementation of this Circular may please he Reowsht
(Akankshat Ranjan
Commissioner
Commercia Tunes Desert
Jhorkhand, &
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