Subject: Clarification in respect of certain challenges faced by the registered persons in implementation of provisions of GST Laws-reg.
Circular No. 136/06/2020-GST, dated 10.04.2020 and Circular No.137/07/2020-GST, dated 15.04.2020 had been issued to clarify doubts regarding relief measures taken by the Government for facilitating taxpayers in meeting the compliance requirements under various provisions of the Gujarat Goods and Services Tax Act, 2017 (hereinafter referred to as the "GGST Act") on account of the measures taken to prevent the spread of Novel Corona Virus (COVID-19). Post issuance of the said clarifications, certain challenges being faced by taxpayers in adhering to the compliance requirements under various other provisions of the GGST Act were brought to the notice of the Chief Commissioner of State tax, and need to be clarified.
2. The issues raised have been examined and in order to ensure uniformity in the implementation of the provisions of the law across the field formations, Chief Commissioner of State tax, in exercise of the powers conferred under section 168(1) of the GGST Act hereby clarifies as under:
Accordingly. IRP/RP shall now he required to obtain registration within thirty days of the appointment of the IRP/RP or by 3o' June, 2021), whichever is later.
ii. Accordingly, it is clarified that IRP/RP would not be required to take a fresh registration in those cases where statements in FORM GSTR-1 under section 37 and returns in FORM GSTR-3B under section 39 of the GGST Act, for all the tax periods prior to the appointment of IRP/RP, have been furnished under the registration of Corporate Debtor (earlier GSTIN).
ii. The new registration by IRP/RP shall be required only once, and in ease of any change in IRP/RP after initial appointment under IBC, it would be deemed to be change of authorized signatory and it would not be considered as a distinct person on ever)' such change alter initial appointment. Accordingly, it is clarified that such a change would need only change of authorized signatory' which can be done by the authorized signatory' of the Company who can add IRP /RP as new authorized signatory' or failing that it can be added by the concerned jurisdictional officer on request by IRP/RP.
ii. Notification no. 40/2017-State Tax (Rate) dated 23.10.2017 was issued under powers conferred by section 11 of the GGST Act, 2017. The exemption provided in notification No. 35/2020-State Tax dated 09.04.2020 is applicable for section 11 as well.
iii. Accordingly, it is clarified that the said requirement of exporting the goods by the merchant exporter within 90 days from the date of issue of tax invoice by the registered supplier gets extended to 30Ih June, 2020, provided the completion of such 90 days period falls within 20.03.2020 to 29.06.2020.
3. Difficulty, if any, in the implementation of the above instructions may please be brought to the notice of the office of the Chief Commissioner of State tax.
(J P Gupta)
Chief Commissioner of State Tax,
Gujarat State, Ahmedabad