Haryana Government Gazette
EXTRAORDINARY
Published by Authority
© Govt. of Haryana
No. 156-2021/Ext.] CHANDIGARH, WEDNESDAY, SEPTEMBER 22, 2021
(BHADRA 31, 1943 SAKA )
LEGISLATIVE SUPPLEMENT
CONTENTS
PART-I ACTS
PAGES THE HARYANA GOODS AND SERVICES TAX (SECOND AMENDMENT) 225-227 (HARYANA ACT NO. 27 OF 2021).
PART-II ORDINANCES
NIL
PART-III DELEGATED LEGISLATION
अधिसूचना संख्या का०आ० 50/पं०अ० 18/1961/धा० 15/2021, दिनांक 22 सितम्बर, 2021 431-432 -पंजाब ग्राम शामलात भूमि (विनियमन) हरियाणा संषोधन नियम, 2021.
PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS
NIL
(lxxiv)
225 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 22, 2021 (BHDR. 31, 1943 SAKA)PART - I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 22nd September, 2021
No. Leg. 27/2021.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 4th September, 2021 and is hereby published for general information:-
HARYANA ACT NO. 27 OF 2021
THE HARYANA GOODS AND SERVICES TAX (SECOND AMENDMENT) ACT, 2021
AN
ACT
further to amend the Haryana Goods and Services Tax Act, 2017.
Be it enacted by the Legislature of the State of Haryana in its Seventy-second Year of the
Republic of India as follows:-
Short title and commencement.
1. (1) This Act may be called the Haryana Goods and Services Tax (Second Amendment) Act, 2021.
(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint: Provided that the Government may, by notification in the Official Gazette, appoint different dates for commencement of different provisions of this Act.
2. After clause (a) of sub-section (1) of section 7 of the Haryana Goods and Services Tax Act, 2017 (hereinafter called the principal Act), the following clause shall be inserted and shall be deemed to have been inserted with effect from the 1st day of July, 2017, namely:-
Amendment of section 7 of Haryana Act 19 of 2017.
"(aa) the activities or transactions, by a person, other than an individual, to its members or constituents or vice-versa, for cash, deferred payment or other valuable consideration.
Explanation.- For the purposes of this clause, it is hereby clarified that, notwithstanding anything contained in any other law for the time being in force or any judgment, decree or order of any Court, tribunal or authority, the person and its members or constituents shall be deemed to be two separate persons and the supply of activities or transactions inter se shall be deemed to take place from one such person to another.".
3. After clause (a) of sub-section (2) of section 16 of the principal Act, the following clause shall be inserted, namely:-
Amendment of section 16 of Haryana Act 19 of 2017.
"(aa) the details of the invoice or debit note referred to in clause (a) 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;".
4. Sub-section (5) of section 35 of the principal Act shall be omitted. Amendment of
section 35 of Haryana Act 19 of 2017.
5. For section 44 of the principal Act, the following section shall be substituted, namely:- Substitution of section 44 of Haryana Act 19 of 2017.
"44. Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person shall furnish an annual return which may include a self-certified reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year, with the audited annual financial statement for every financial year electronically, within such time and in such form and in such manner, as may be prescribed:
226 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 22, 2021 (BHDR. 31, 1943 SAKA)Provided that the Commissioner may, on the recommendations of the Council, by notification, exempt any class of registered persons from filing annual return under this section:
Provided further that nothing contained in this section shall apply to any department of the Central Government or a State Government or a local authority, whose books of account are subject to audit by the Comptroller and Auditor General of India or an auditor appointed for auditing the accounts of local authorities under any law for the time being in force.".
6. For the proviso to sub-section (1) of section 50 of the principal Act, the following proviso shall be substituted and shall be deemed to have been substituted with effect from the 1st day of July, 2017, namely:-
Amendment of section 50 of Haryana Act 19 of 2017.
"Provided that the interest on tax payable in respect of supplies made during a tax period and declared in the return for the said period furnished after the due date in accordance with the provisions of section 39, except where such return is furnished after commencement of any proceedings under section 73 or section 74 in respect of the said period, shall be payable on that portion of the tax which is paid by debiting the electronic cash ledger.".
7. In clause (ii) of the Explanation 1 to section 74 of the principal Act, for the words, figures and signs "sections 122, 125, 129 and 130", the words and figures "sections 122 and 125" shall be substituted.
Amendment of section 74 of Haryana Act 19 of 2017.
8. In sub-section (12) of section 75 of the principal Act, the following Explanation shall be inserted, namely:-
Amendment of section 74 of Haryana Act 19 of 2017.
"Explanation.- For the purposes of this sub-section, the expression "self-assessed tax" shall include the tax payable in respect of details of outward supplies furnished under section 37, but not included in the return furnished under section 39.".
9. For sub-section (1) of section 83 of the principal Act, the following sub-section shall be substituted, namely:-
Amendment of section 83 of Haryana Act 19 of 2017.
"(1) Where, after the initiation of any proceeding under Chapter XII, Chapter XIV or Chapter XV, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue it is necessary so to do, he may, by order in writing, attach provisionally, any property, including bank account, belonging to the taxable person or any person specified in sub-section (1A) of section 122, in such manner, as may be prescribed.".
10. In sub-section (6) of section 107 of the principal Act,-
(i) for the sign "." existing at the end, the sign ":" shall be substituted;
Amendment of section 107 of Haryana Act 19 of 2017.
(ii) the following proviso shall be added, namely:-
"Provided that no appeal shall be filed against an order under sub-section (3) of section 129, unless a sum equal to twenty-five percent of the penalty has been paid by the appellant.".
11. In section 129 of the principal Act,-
(i) for clauses (a) and (b) of sub-section (1), the following clauses shall be substituted, Amendment of section 129 of Haryana Act 19 of 2017.
namely:-
"(a) on payment of penalty equal to two hundred percent of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to two percent of the value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods comes forward for payment of such penalty;
(b) on payment of penalty equal to fifty percent of the value of the goods or two hundred percent of the tax payable on such goods, whichever is higher, and in case of exempted goods, on payment of an amount equal to five percent of the value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods does not come forward for payment of such penalty;";
227 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 22, 2021 (BHDR. 31, 1943 SAKA)(ii) sub-section (2) shall be omitted;
(iii) for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) The proper officer detaining or seizing goods or conveyance shall issue a notice within seven days of such detention or seizure, specifying the penalty payable, and thereafter, pass an order within a period of seven days from the date of service of such notice, for payment of penalty under clause (a) or clause (b) of sub-section (1).";
(iv) in sub-section (4), for the words and sign "No tax, interest or penalty", the words
"No penalty" shall be substituted;
(v) for sub-section (6), the following sub-section shall be substituted, namely:-
"(6) Where the person transporting any goods or the owner of such goods fails to pay the amount of penalty under sub-section (1) within fifteen days from the date of receipt of the copy of the order passed under sub-section (3), the goods or conveyance so detained or seized shall be liable to be sold or disposed of otherwise, in such manner and within such time as may be prescribed, to recover the penalty payable under sub-section (3):
Provided that the conveyance shall be released on payment by the
transporter of penalty under sub-section (3) or one lakh rupees, whichever is less:
Provided further that where the detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the said period of fifteen days may be reduced by the proper officer.".
12. In section 130 of the principal Act,-
(a) in sub-section (1), for the words "Notwithstanding anything contained in this Act,
Amendment of section 130 of Haryana Act 19 of 2017.
if", the word "Where" shall be substituted;
(b) in sub-section (2), in the second proviso, for the words, brackets and figures "amount of penalty leviable under sub-section (1) of section 129", the words "penalty equal to hundred percent of the tax payable on such goods" shall be substituted;
(c) sub-section (3) shall be omitted.
13. For section 151 of the principal Act, the following section shall be substituted, namely:- Substitution of section 151 of Haryana Act 19 of 2017.
"151. Power to call for information.- The Commissioner or an officer authorised by him may, by an order, direct any person to furnish information relating to any matter dealt with in connection with this Act, within such time, in such form and in such manner, as may be prescribed.".
14. In section 152 of the principal Act,-
(a) in sub-section (1),-
Amendment of section 152 of Haryana Act 19 of 2017.
(i) the words "of any individual return or part thereof" shall be omitted;
(ii) after the words "any proceedings under this Act", the words "without giving an opportunity of being heard to the person concerned" shall be added;
(b) sub-section (2) shall be omitted.
15. Paragraph 7 of Schedule II of the principal Act shall be omitted and shall be deemed to have been omitted with effect from the 1st day of July, 2017.
Amendment of Schedule II to Haryana Act 19 of 2017.
BIMLESH TANWAR,
Administrative Secretary to Government, Haryana,
Law and Legislative Department.
9327—L.R.—H.G.P., Pkl.