KERALA GOODS AND SERVICES TAX (AMENDMENT)
RULES, 2017
PREAMBLE
In exercise of the
powers conferred by section 164 of the Kerala Goods and Services Tax Ordinance,
2017 (11 of 2017), the Government of Kerala hereby make the following rules to
amend the Kerala Goods and Services Tax Rules, 2017 issued under G. O. (P) No.
79/2017/TAXES dated 30th June, 2017 and published as S.R.O. No. 377/2017 in the
Kerala Gazette Extraordinary No. 1367 dated 30th June, 2017, namely:
Rule - 1. Short title and commencement.
These rules may be called the Kerala Goods
and Services Tax (Amendment) Rules, 2017.
They shall be deemed to have come into force
on this the 1st day of July, 2017.
Rule - 2. Amendment of the Rules.
In the Kerala Goods and Services Tax Rules,
2017,
(i)
in
rule 44,
(a)
in
sub-rule (2), for the words "integrated tax and central tax", the
words "Central tax, State tax, Union territory tax and integrated
tax" shall be substituted;
(b)
in
sub-rule (6), for the words and letters "IGST and CGST", the words
"Central tax, State tax, Union territory tax and integrated tax"
shall be substituted;
(ii)
in
rule 96,
(a)
in
sub-rule (1), in clause (b), and
(b)
in
sub-rule (3), after the word, letters, and figure "FORM GSTR 3", the
word, letters, symbol and figure "or FORM GSTR-3B, as the case may
be;" shall be inserted;
(iii)
after
rule 96, the following rule shall be inserted, namely:
"96A. Refund of
integrated tax paid on export of goods or services under bond or Letter of
Undertaking.
(1)
Any
registered person availing the option to supply goods or services for export
without payment of integrated tax shall furnish, prior to export, a bond or a
Letter of Undertaking in FORM GST RFD-11 to the jurisdictional Commissioner,
binding himself to pay the tax due along with the interest specified under sub-section
(1) of section 50 within a period of
(a)
fifteen
days after the expiry of three months from the date of issue of the invoice for
export, if the goods are not exported out of India; or
(b)
fifteen
days after the expiry of one year, or such further period as may be allowed by
the Commissioner, from the date of issue of the invoice for export, if the
payment of such services is not received by the exporter in convertible foreign
exchange.
(2)
The
details of the export invoices contained in FORM GSTR-1 furnished on the common
portal shall be electronically transmitted to the system designated by Customs
and a confirmation that the goods covered by the said invoices have been
exported out of India shall be electronically transmitted to the common portal
from the said system.
(3)
Where
the goods are not exported within the time specified in sub-rule (1) and the
registered person fails to pay the amount mentioned in the said sub-rule, the
export as allowed under bond or Letter of Undertaking shall be withdrawn
forthwith and the said amount shall be recovered from the registered person in
accordance with the provisions of section 79.
(4)
The
export as allowed under bond or Letter of Undertaking withdrawn in terms of
sub-rule (3) shall be restored immediately when the registered person pays the
amount due.
(5)
The
Boar, by way of notification, may specify the conditions and safeguards under
which a Letter of Undertaking may be furnished in place of a bond.
(6)
The
provisions of sub-rule (1) shall apply, mutatis mutandis, in respect of zero-rated
supply of goods or services or both to a Special Economic Zone developer or a
Special Economic Zone unit without payment of integrated tax.";
(iv)
in
rule 117, in sub-rule (1), after the words "the amount of input tax
credit" the words "of eligible duties and taxes, as defined in the
Explanation to sub-section (2) of the said section" shall be inserted;
(v)
in
rule 119, in the heading, for the word "agent", the word "job
worker" shall be substituted;
(vi)
after
rule 138, the following shall be inserted, namely:
CHAPTER XVI INSPECTION, SEARCH AND SEIZURE
“139. Inspection,
search and seizure.
(1)
Where
the proper officer not below the rank of a Joint Commissioner has reasons to
believe that a place of business or any other place is to visited for the
purposes of inspection or search or, as the case may be, seizure in accordance
with the provisions of section 67, he shall issue an authorisation in FORM GST
INS-01 authorising any other officer subordinate to him to conduct the
inspection or search or, as the case may be, seizure of goods, documents, books
or things liable to confiscation.
(2)
Where
any goods, documents, books or things are liable for seizure under sub-section
(2) of section 67, the proper officer or an authorised officer shall make an
order of seizure in FORM GST INS-02.
(3)
The
proper officer or an authorised officer may entrust upon the owner or the
custodian of goods, from whose custody such goods or things are seized, the
custody of such goods or things for safe upkeep and the said person shall not
remove, part with, or otherwise deal with the goods or things except with the
previous permission of such officer.
(4)
Where
it is not practicable to seize any such goods, the proper officer or the
authorised officer may serve on the owner of the custodian of the goods, an
order of prohibition in FORM GST INS-03 that he shall not remove, part with, or
otherwise deal with the goods except with the previous permission of such
officer.
(5)
The
officer seizing the goods, documents, books or things shall prepare an
inventory of such goods or documents or books or things containing, inter alia,
description, quantity or unit, make, mark or model, where applicable, and get
it signed by the person from whom such goods or documents or books or things
are seized.
140. Bond and
Security for release of seized goods.
(1)
The
seized goods may be released on a provisional basis upon execution of a bond
for the value of the goods in FORM GST INS-04 and furnishing of a security in
the form of a bank guarantee equivalent to the amount of applicable tax,
interest and penalty payable.
Explanation: For the purposes of the rules
under the provisions of this Chapter, the "applicable tax" shall
include Central tax and State tax or Central tax and the Union territory tax,
as the case may be and the cess, if any, payable under Goods and Services Tax
(Compensation to States) Act, 2017 (15 of 2017).
(2)
In
case the person to whom the goods were released provisionally fails to produce
the goods on the appointed date and place indicated by the proper officer, the
security shall be encashed and adjusted against the tax, interest and penalty
and fine, if any, payable in respect of such goods.
141. Procedure in
respect of seized goods.
(1)
Where
the goods or things seized are of perishable or hazardous nature, and if the taxable
person pays an amount equivalent to the market price of such goods or things or
the amount of tax, interest and penalty that is or may become payable by the
taxable person, whichever is lower, such goods or, as the case may be, things
shall be released forthwith, by an order in FORM GST INS-05, on proof of
payment.
(2)
Where
the taxable person fails to pay the amount referred to in sub-rule (1) in
respect of the said goods or things, the Commissioner may dispose of such goods
or things and the amount realized thereby shall be adjusted against the tax,
interest, penalty, or any other amount payable in respect of such goods or
things.
CHAPTER XVII DEMANDS AND RECOVERY
142. Notice and order
for demand of amounts payable under the Ordinance.
(1)
The
proper officer shall serve, along with the,
(a)
notice
under sub-section (1) of section 73 or sub-section (1) of section 74 or
sub-section (2) of section 76, a summary thereof electronically in FORM GST
DRC-01,
(b)
statement
under sub-section (3) of section 73 or sub-section (3) of section 74, a summary
thereof electronically in FORM GST DRC-02, specifying therein the details of
the amount payable.
(2)
Where,
before the service of notice or statement, the person chargeable with tax makes
payment of the tax and interest in accordance with the provisions of
sub-section (5) of section 73 or, as the case may be, tax, interest and penalty
in accordance with the provisions of sub-section (5) of section 74, he shall
inform the proper officer of such payment in FORM GST DRC-03 and the proper
officer shall issue an acknowledgement, accepting the payment made by the said
person in FORM GST DRC-04.
(3)
Where
the person chargeable with tax makes payment of tax and interest under
sub-section (8) of section 73 or, as the case may be, tax, interest and penalty
under sub-section (8) of section 74 within thirty days of the service of a
notice under sub-rule (1), he shall intimate the proper officer of such payment
in FORM GST DRC-03 and the proper officer shall issue an order in FORM GST
DRC-05 concluding the proceedings in respect of the said notice.
(4)
The
representation referred to in sub-section (9) of section 73 or sub-section (9)
of section 74 or sub-section (3) of section 76 shall be in FORM GST DRC-06.
(5)
A
summary of the order issued under sub-section (9) of section 73 or sub-section
(9) of section 74 or sub-section (3) of section 76 shall be uploaded
electronically in FORM GST DRC-07, specifying therein the amount of tax,
interest and penalty payable by the person chargeable with tax.
(6)
The
order referred to in sub-rule (5) shall be treated as the notice for recovery.
(7)
Any
rectification of the order, in accordance with the provisions of section 161,
shall be made by the proper officer in FORM GST DRC-08.
143. Recovery by
deduction from any money owed.
Where any amount payable by a person
(hereinafter referred to in this rule as "the defaulter") to the
Government under any of the provisions of the Ordinance or the rules made there
under is not paid, the proper officer may require, in FORM GST DRC-09, a
specified officer to deduct the amount from any money owing to such defaulter
in accordance with the provisions of clause (a) of sub-section (1) of section
79.
Explanation. For the purposes of this rule,
"specified officer" shall mean any officer of the Central Government
or a State Government or the Government of a Union territory or a local
authority, or of a Board or Corporation or a company owned or controlled,
wholly or partly, by the Central Government or a State Government or the
Government of a Union territory or a local authority.
144. Recovery by sale
of goods under the control of proper officer.
(1)
Where
any amount due from a defaulter is to be recovered by selling goods belonging
to such person in accordance with the provisions of clause (b) of sub-section
(1) of section 79, the proper officer shall prepare an inventory and estimate
the market value of such goods and proceed to sell only so much of the goods as
may be required for recovering the amount payable along with the administrative
expenditure incurred on the recovery process.
(2)
The
said goods shall be sold through a process of auction, including e-auction, for
which a notice shall be issued in FORM GST DRC-10 clearly indicating the goods
to be sold and the purpose of sale.
(3)
The
last day for submission of bid or the date of auction shall not be earlier than
fifteen days from the date of issue of the notice referred to in sub-rule (2):
Provided that where the goods are of
perishable or hazardous nature or where the expenses of keeping them in custody
are likely to exceed their value, the proper officer may sell them forthwith.
(4)
The
proper officer may specify the amount of pre-bid deposit to be furnished in the
manner specified by such officer, to make the bidders eligible to participate
in the auction, which may be returned to the unsuccessful bidders, forfeited in
case the successful bidder fails to make the payment of the full amount, as the
case may be.
(5)
The
proper officer shall issue a notice to the successful bidder in FORM GST DRC-11
requiring him to make the payment within a period of fifteen days from the date
of auction. On payment of the full bid amount, the proper officer shall
transfer the possession of the said goods to the successful bidder and issue a
certificate in FORM GST DRC-12.
(6)
Where
the defaulter pays the amount under recovery, including any expenses incurred
on the process of recovery, before the issue of the notice under sub-rule (2),
the proper officer shall cancel the process of auction and release the goods.
(7)
The
proper officer shall cancel the process and proceed for re-auction where no bid
is received or the auction is considered to be non-competitive due to lack of
adequate participation or due to low bids.
145. Recovery from a
third person.
(1)
The
proper officer may serve upon a person referred to in clause (c) of sub-section
(1) of section 79 (hereafter referred to in this rule as "the third
person"), a notice in FORM GST DRC-13 directing him to deposit the amount
specified in the notice.
(2)
Where
the third person makes the payment of the amount specified in the notice issued
under sub-rule (1), the proper officer shall issue a certificate in FORM GST
DRC-14 to the third person clearly indicating the details of the liability so
discharged.
146. Recovery through
execution of a decree, etc.
Where any amount is payable to the defaulter
in the execution of a decree of a civil court for the payment of money or for
sale in the enforcement of a mortgage or charge, the proper officer shall send
a request in FORM GST DRC-15 to the said court and the court shall, subject to
the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908),
execute the attached decree, and credit the net proceeds for settlement of the
amount recoverable.
147. Recovery by sale
of movable or immovable property.
(1)
The
proper officer shall prepare a list of movable and immovable property belonging
to the defaulter, estimate their value as per the prevalent market price and
issue an order of attachment or distraint and a notice for sale in FORM GST
DRC-16 prohibiting any transaction with regard to such movable and immovable
property as may be required for the recovery of the amount due:
Provided that the attachment of any property
in a debt not secured by a negotiable instrument, a share in a corporation, or other
movable property not in the possession of the defaulter except for property
deposited in, or in the custody of any Court, shall be attached in the manner
provided in rule 151.
(2)
The
proper officer shall send a copy of the order of attachment or distraint to the
concerned revenue authority or transport authority or any such Authority to
place encumbrance on the said movable or immovable property, which shall be
removed only on the written instructions from the proper officer to that
effect.
(3)
Where
the property subject to the attachment or distraint under sub-rule (1) is
(a)
an
immovable property, the order of attachment or distraint shall be affixed on
the said property and shall remain affixed till the confirmation of sale;
(b)
a
movable property, the proper officer shall seize the said property in
accordance with the provisions of chapter XIV of the Ordinance and the custody
of the said property shall either be taken by the proper officer himself or an
officer authorised by him.
(4)
The
property attached or distrained shall be sold through auction, including
e-auction, for which a notice shall be issued in FORM GST DRC-17 clearly
indicating the property to be sold and the purpose of sale.
(5)
Notwithstanding
anything contained in the provision of this Chapter, where the property to be
sold is a negotiable instrument or a share in a corporation, the proper officer
may, instead of selling it by public auction, sell such instrument or a share
through a broker and the said broker shall deposit to the Government so much of
the proceeds of such sale, reduced by his commission, as may be required for
the discharge of the amount under recovery and pay the amount remaining, if
any, to the owner of such instrument or a share.
(6)
The
proper officer may specify the amount of pre-bid deposit to be furnished in the
manner specified by such officer, to make the bidders eligible to participate
in the auction, which may be returned to the unsuccessful bidders or, forfeited
in case the successful bidder fails to make the payment of the full amount, as
the case may be.
(7)
The
last day for the submission of the bid or the date of the auction shall not be
earlier than fifteen days from the date of issue of the notice referred to in
sub-rule (4):
Provided that where the goods are of
perishable or hazardous nature or where the expenses of keeping them in custody
are likely to exceed their value, the proper officer may sell them forthwith.
(8)
Where
any claim is preferred or any objection is raised with regard to the attachment
or distraint of any property on the ground that such property is not liable to
such attachment or distraint, the proper officer shall investigate the claim or
objection and may postpone the sale for such time as he may deem fit.
(9)
The
person making the claim or objection must adduce evidence to show that on the
date of the order issued under sub-rule (1) he had some interest in, or was in
possession of, the property in question under attachment or distraint.
(10)
Where,
upon investigation, the proper officer is satisfied that, for the reason stated
in the claim or objection, such property was not, on the said date, in the
possession of the defaulter or of any other person on his behalf or that, being
in the possession of the defaulter on the said date, it was in his possession,
not on his own account or as his own property, but on account of or in trust
for any other person, or partly on his own account and partly on account of
some other person, the proper officer shall make an order releasing the
property, wholly or to such extent as he thinks fit, from attachment or
distraint.
(11)
Where
the proper officer is satisfied that the property was, on the said date, in the
possession of the defaulter as his own property and not on account of any other
person, or was in the possession of some other person in trust for him, or in
the occupancy of a tenant or other person paying rent to him, the proper
officer shall reject the claim and proceed with the process of sale through
auction.
(12)
The
proper officer shall issue a notice to the successful bidder in FORM GST DRC-11
requiring him to make the payment within a period of fifteen days from the date
of such notice and after the said payment is made, he shall issue a certificate
in FORM GST DRC-12 specifying the details of the property, date of transfer,
the details of the bidder and the amount paid and upon issuance of such
certificate, the rights, title and interest in the property shall be deemed to
be transferred to such bidder:
Provided that where the highest bid is made
by more than one person and one of them is a co-owner of the property, he shall
be deemed to be the successful bidder.
(13)
Any
amount, including stamp duty, tax or fee payable in respect of the transfer of
the property specified in sub-rule (12), shall be paid to the Government by the
person to whom the title in such property is transferred.
(14)
Where
the defaulter pays the amount under recovery, including any expenses incurred
on the process of recovery, before the issue of the notice under sub-rule (4),
the proper officer shall cancel the process of auction and release the goods.
(15)
The
proper officer shall cancel the process and proceed for re-auction where no bid
is received or the auction is considered to be non-competitive due to lack of
adequate participation or due to low bids.
148. Prohibition against
bidding or purchase by officer.
No officer or other person having any duty to
perform in connection with any sale under the provisions of this Chapter shall,
either directly or indirectly, bid for, acquire or attempt to acquire any
interest in the property sold.
149. Prohibition
against sale on holidays.
No sale under the rules under the provision
of this chapter shall take place on a Sunday or other general holidays
recognized by the Government or on any day which has been notified by the
Government to be a holiday for the area in which the sale is to take place.
150. Assistance by
police.
The proper officer may seek such assistance
from the officer-in-charge of the jurisdictional police station as may be
necessary in the discharge of his duties and the said officer-in-charge shall
depute sufficient number of police officers for providing such assistance.
151. Attachment of
debts and shares, etc.
(1)
A
debt not secured by a negotiable instrument, a share in a corporation, or other
movable property not in the possession of the defaulter except for property
deposited in, or in the custody of any court shall be attached by a written
order in FORM GST DRC-16 prohibiting.
(a)
in
the case of a debt, the creditor from recovering the debt and the debtor from
making payment thereof until the receipt of a further order from the proper
officer;
(b)
in
the case of a share, the person in whose name the share may be standing from
transferring the same or receiving any dividend thereon;
(c)
in
the case of any other movable property, the person in possession of the same
from giving it to the defaulter.
(2)
A
copy of such order shall be affixed on some conspicuous part of the office of
the proper officer, and another copy shall be sent, in the case of debt, to the
debtor, and in the case of shares, to the registered address of the corporation
and in the case of other movable property, to the person in possession of the
same.
(3)
A
debtor, prohibited under clause (a) of sub-rule (1), may pay the amount of his
debt to the proper officer, and such payment shall be deemed as paid to the
defaulter.
152. Attachment of
property in custody of courts or Public Officer.
Where the property to be attached is in the
custody of any court or Public Officer, the proper officer shall send the order
of attachment to such court or officer, requesting that such property, and any
interest or dividend becoming payable thereon, may be held till the recovery of
the amount payable.
153. Attachment of
interest in partnership.
(1)
Where
the property to be attached consists of an interest of the defaulter, being a
partner, in the partnership property, the proper officer may make an order
charging the share of such partner in the partnership property and profits with
payment of the amount due under the certificate, and may, by the same or
subsequent order, appoint a receiver of the share of such partner in the
profits, whether already declared or accruing, and of any other money which may
become due to him in respect of the partnership, and direct accounts and
enquiries and make an order for the sale of such interest or such other order
as the circumstances of the case may require.
(2)
The
other partners shall be at liberty at any time to redeem the interest charged
or, in the case of a sale being directed, to purchase the same.
154. Disposal of
proceeds of sale of goods and movable or immovable property.
The amounts so realised from the sale of
goods, movable or immovable property, for the recovery of dues from a defaulter
shall,
(a)
first,
be appropriated against the administrative cost of the recovery process;
(b)
next,
be appropriated against the amount to be recovered;
(c)
next,
be appropriated against any other amount due from the defaulter under the
Ordinance or the Integrated Goods and Services Tax Act, 2017, (Central Act 13
of 2017) or the Union Territory Goods and Services Tax Act, 2017 (Central Act
14 of 2017) or any of the State Goods and Services Tax Act, 2017 and the rules
made there under; and
(d)
any
balance, be paid to the defaulter.
155. Recovery through
land revenue authority.
Where an amount is to be recovered in
accordance with the provisions of clause (e) of sub-section (1) of section 79,
the proper officer shall send a certificate to the Collector or Deputy
Commissioner of the district or any other officer authorised in this behalf in
FORM GST DRC-18 to recover from the person concerned, the amount specified in
the certificate as if it were an arrear of land revenue.
156. Recovery through
court.
Where an amount is to be recovered as if it
were a fine imposed under the Code of Criminal Procedure, 1973, (Central Act 2
of 1974) the proper officer shall make an application before the appropriate
Magistrate in accordance with the provisions of clause (f) of sub-section (1)
of section 79 in FORM GST DRC-19 to recover from the person concerned, the
amount specified thereunder as if it were a fine imposed by him.
157. Recovery from
surety.
Where any person has become surety for the
amount due by the defaulter, he may be proceeded against under this Chapter as
if he were the defaulter.
158. Payment of tax
and other amounts in instalments.
(1)
On
an application filed electronically by a taxable person, in FORM GST DRC-20,
seeking extension of time for the payment of taxes or any amount due under the
Ordinance or for allowing payment of such taxes or amount in instalments in
accordance with the provisions of section 80, the Commissioner shall call for a
report from the jurisdictional officer about the financial ability of the
taxable person to pay the said amount.
(2)
Upon
consideration of the request of the taxable person and the report of the
jurisdictional officer, the Commissioner may issue an order in FORM GST DRC-21
allowing the taxable person further time to make payment and/or to pay the
amount in such monthly instalments, not exceeding twenty-four, as he may deem
fit.
(3)
The
facility referred to in sub-rule (2) shall not be allowed where
(a)
the
taxable person has already defaulted on the payment of any amount under the
Ordinance or the Integrated Goods and Services Tax Act, 2017 (Central Act 13 of
2017) or the Union Territory Goods and Services Tax Act, 2017 (Central Act 14
of 2017) or any of the State Goods and Services Tax Act, 2017, for which the
recovery process is on;
(b)
the
taxable person has not been allowed to make payment in instalments in the preceding
financial year under the Ordinance or the Integrated Goods and Services Tax
Act, 2017 (Central Act 13 of 2017) or the Union Territory Goods and Services
Tax Act, 2017 (Central Act 14 of 2017) or any of the State Goods and Services
Tax Act, 2017;
(c)
the
amount for which instalment facility is sought is less than twenty-five
thousand rupees.
159. Provisional
attachment of property.
(1)
Where
the Commissioner decides to attach any property, including bank account in
accordance with the provisions of section 83, he shall pass an order in FORM
GST DRC-22 to that effect mentioning therein, the details of property which is
attached.
(2)
The
Commissioner shall send a copy of the order of attachment to the concerned
revenue authority or transport authority or any such Authority to place
encumbrance on the said movable or immovable property, which shall be removed
only on the written instructions from the Commissioner to that effect.
(3)
Where
the property attached is of perishable or hazardous nature, and if the taxable
person pays an amount equivalent to the market price of such property or the
amount that is or may become payable by the taxable person, whichever is lower,
then such property shall be released forthwith, by an order in FORM GST DRC-23,
on proof of payment.
(4)
Where
the taxable person fails to pay the amount referred to in sub-rule (3) in
respect of the said property of perishable or hazardous nature, the
Commissioner may dispose of such property and the amount realized thereby shall
be adjusted against the tax, interest, penalty, fee or any other amount payable
by the taxable person.
(5)
Any
person whose property is attached may, within seven days of the attachment
under sub-rule (1), file an objection to the effect that the property attached
was or is not liable to attachment, and the Commissioner may, after affording
an opportunity of being heard to the person filing the objection, release the
said property by an order in FORM GST DRC-23.
(6)
The
Commissioner may, upon being satisfied that the property was, or is no longer liable
for attachment, release such property by issuing an order in FORM GST DRC-23.
160. Recovery from
company in liquidation.
Where the company is under liquidation as
specified in section 88, the Commissioner shall notify the liquidator for the
recovery of any amount representing tax, interest, penalty or any other amount
due under the Ordinance in FORM GST DRC-24.
161. Continuation of
certain recovery proceedings.
The order for the reduction or enhancement of
any demand under section 84 shall be issued in FORM GST DRC-25.
CHAPTER XVIII OFFENCES AND PENALTIES
162. Procedure for
compounding of offences.
(1)
An
applicant may, either before or after the institution of prosecution, make an
application under sub-section (1) of section 138 in FORM GST CPD-01 to the
Commissioner for compounding of an offence.
(2)
On
receipt of the application, the Commissioner shall call for a report from the
concerned officer with reference to the particulars furnished in the
application, or any other information, which may be considered relevant for the
examination of such application.
(3)
The
Commissioner, after taking into account the contents of the said application,
may, by order in FORM GST CPD-02, on being satisfied that the applicant has
co-operated in the proceedings before him and has made full and true disclosure
of facts relating to the case, allow the application indicating the compounding
amount and grant him immunity from prosecution or reject such application
within ninety days of the receipt of the application.
(4)
The
application shall not be decided under sub-rule (3) without affording an
opportunity of being heard to the applicant and recording the grounds of such
rejection.
(5)
The
application shall not be allowed unless the tax, interest and penalty liable to
be paid have been paid in the case for which the application has been made.
(6)
The
applicant shall, within a period of thirty days from the date of the receipt of
the order under sub-rule (3), pay the compounding amount as ordered by the
Commissioner and shall furnish the proof of such payment to him.
(7)
In
case the applicant fails to pay the compounding amount within the time
specified in sub-rule (6), the order made under sub-rule (3) shall be vitiated
and be void.
(8)
Immunity
granted to a person under sub-rule (3) may, at any time, be withdrawn by the
Commissioner, if he is satisfied that such person had, in the course of the
compounding proceedings, concealed any material particulars or had given false
evidence. Thereupon such person may be tried for the offence with respect to which
immunity was granted or for any other offence that appears to have been
committed by him in connection with the compounding proceedings and the
provisions the Ordinance shall apply as if no such immunity had been
granted.";
(9)
for
"FORM GST-RFD-01, FORM GST-RFD-02, FORM GST-RFD-04, FORM GST-RFD-05, FORM
GST-RFD-06, FORM GST-RFD-07 and FORM GST-RFD-10", the following FORMS
shall respectively be substituted, namely:
"FORM GST-RFD-01, FORM GST-RFD-02, FORM
GST-RFD-04, FORM GST-RFD-05, FORM GST-RFD-06, FORM GST-RFD-07, FORM GST-RFD-10
and FORM GST-RFD-11".