The GST Council in its 32nd meeting held on January 10, 2019, gave approval that the changes made by CGST (Amendment) Act, 2018, IGST (Amendment) Act, 2018, UTGST (Amendment) Act, 2018 and GST (Compensation to States) Amendment Act, 2018 along with the corresponding changes in SGST Acts would be notified w.e.f. February 01, 2019.
Earlier, the Hon’ble President on August 29, 2018 has given its assent to these four crucial amendment bills of GST law, which got published in the official Gazette of India on August 30, 2018.
Now, since the various Amendment Acts are going to be effective from first day of February, 2019, it is highly advisable to plunge into the changes and understand their implications on our business.
For the ease of understanding, we are summarising herewith section-wise tabular presentation of amended CGST Act, 2017 (“CGST Act”) and IGST Act, 2017 (“IGST Act”) in comparison with the pre-amendment Acts. This tabular also discusses the effect of these amendments along with suggestions as to further simplification of the GST Laws.
Trust you will find the same useful.
Synopsis of the CGST Amendment Act, 2018
| Provisions as per pre-amendment CGST Act | Provisions of amended CGST Act w.e.f. 01.02.2019 | Effect of amendment along with analysis as to comparison | |
| Section 2(4) – Definition of ‘Adjudicating Authority’ | |||
| “adjudicating authority” means any authority, appointed or authorised to pass any order or decision under this Act, but does not include the Central Board of Excise and Customs, the Revisional Authority, the Authority for Advance Ruling, the Appellate Authority for Advance Ruling, the Appellate Authority and the Appellate Tribunal. | “adjudicating authority” means any authority, appointed or authorised to pass any order or decision under this Act, but does not include the Central Board of Excise Indirect Taxes and Customs, the Revisional Authority, the Authority for Advance Ruling, the Appellate Authority for Advance Ruling, the Appellate Authority, and the Appellate Tribunal and the Authority referred to in subsection (2) of section 171. |
Changes are made in pursuance of the change in name of CBEC to CBIC. Further, the National Anti-Profiteering Authority constituted under Section 171 of the CGST Act is also excluded from the definition of ‘adjudicating authority’. |
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| Section 2(17)(h) – Definition of ‘Business’ | |||
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“business” includes–– (h) services provided by a race club by way of totalisator or a licence to book maker in such club; and |
“business” includes–– (h) services provided by activities of a race club including by way of totalisator or a license to book maker or activities of a licensed book maker in such club; and |
This change ensures that all activities related to a race club are included in definition of business. |
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The complete synopsis of the GST Amendment Act, 2018 can be accessed at: http://www.a2ztaxcorp.com/wp-content/uploads/2019/01/Comparitive-insight-into-the-amended-CGST-and-IGST-Act_A2Z-Taxcorp.pdf