The CBIC vide Notification No. 38/2021 – Central Tax issued on 21st December,2021 has made provisions of sections 108, 109 and 113 to 122 of the Finance Act, 2021 effective from 01.01.2022.

Section 108 provides for retrospective amendment in section 7 of CGST Act, 2017 by which supplies between an association and its members have been brought under the definition of “supply”.

Section 109 inserts clause (aa) in section 16(2) of CGST Act, 2017 which provides that ITC would be available only when the details of the invoice or debit note has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37.

Section 113 amends Explanation 1 to Section 74 to delink the provisions of penalty under Sec 129 & Sec 130 from Sec 74.

Additionally, Section 114 to 122 have notified amendments in various sections of the CGST Act such as sections 75, 83, 107, 129, 130, 151, 152, 168 & Schedule II to CGST Act, 2017.