Key Clarifications on GST Issues: Circular No. 160/16/2021-GST
<p><span>In the dynamic landscape of the Goods and Services Tax (GST) regime, businesses need to stay informed about the latest clarifications and directives. Circular No. 160/16/2021-GST, issued by the Ministry of Finance on 20th September 2021, addresses several important issues related to GST laws. Here's a summary of the key highlights:</span></p><p><span><strong>1. Availment of Input Tax Credit (ITC) on Debit Notes</strong></span></p><ul><li><span>The amendment to section 16(4) of the CGST Act, effective from 01.01.2021, delinks the date of issuance of debit notes from the date of the underlying invoice for availing ITC.</span></li><li><span>The relevant financial year for availing ITC on debit notes will be determined by the date of issuance of the debit note, not the invoice.</span></li></ul><p><span><strong>2. No Need for Physical Copies of Invoices</strong></span></p><ul><li><span>Rule 138A (1) of the CGST Rules mandates that the person in charge of conveyance carries the invoice, bill of supply, or delivery challan, along with the e-way bill or its number.</span></li><li><span>Rule 138A (2) clarifies that when an e-invoice is generated, the embedded Invoice Reference Number (IRN) QR code can be produced electronically, eliminating the need for a physical copy of the tax invoice.</span></li></ul><p><span><strong>3. Refund of Unutilized ITC for Goods with NIL Export Duty</strong></span></p><ul><li><span>The term 'subjected to export duty' means goods that are actually liable to and suffer export duty at the time of export.</span></li><li><span>Goods with NIL export duty, those fully exempted by customs notifications, or not covered under the Second Schedule to the Customs Tariff Act, are not considered subject to export duty. Thus, the restriction on refund of accumulated ITC under section 54(3) does not apply.</span></li></ul><p><span><strong>Conclusion</strong> Circular No. 160/16/2021-GST provides crucial clarifications that help businesses navigate the complexities of GST compliance. Understanding these clarifications ensures smooth processing and adherence to the GST regulations.</span></p><p><a href="https://cms.plasament.com/storage/circular-20no-20160-14-2021-gst-1.pdf">circular_20no._20160_14_2021_gst (1)</a><br> </p>