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1

FINANCE DEPARTMENT

Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,

Mumbai 400 032, dated the 13th October 2018.

MAHARASHTRA ORDINANCE No. XXII OF 2018.

AN ORDINANCE

further to amend the Maharashtra Goods and Services Tax Act, 2017.

WHEREAS both Houses of the State Legislature are not in session ;

AND WHEREAS the Governor of Maharashtra is satisfied that circumstances

exist which render it necessary for him to take immediate action further to amend

the Maharashtra Goods and Services Tax Act, 2017, for the purposes hereinafter

appearing ;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of

article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased

to promulgate the following Ordinance, namely :—

1.

(1) This Ordinance may be called the Maharashtra Goods and Services

Tax (Amendment) Ordinance, 2018.

Mah.

XLIII of

2017.

Short title and

commencement.

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RNI No. MAHENG /2009/35528

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation

in English of the Maharashtra Goods and Services Tax (Amendment) Ordinance, 2018 (Mah. Ord.

XXII of 2018), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

Secretary (Legislation) to Government,

Law and Judiciary Department.

[Translation in English of the Maharashtra Goods and Services Tax (Amendment) Ordinance,

2018 (Mah. Ord. XXII of 2018), published under the authority of the Governor].

————————

(1)

¦ÉÉMÉ +É`ö----138-1

2

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(2) Section 1 shall come into force at once.

(3) Save as otherwise provided, remaining sections shall come into force on

such date as the Government may, by notification in the Official Gazette, appoint and

different dates may be appointed for different provisions of this Ordinance and any

reference in any such provision to the commencement of this Ordinance shall be

construed as a reference to the coming into force of that provision.

2.

In section 2 of the Maharashtra Goods and Services Tax Act, 2017

(hereinafter referred to as the “principal Act”),––

(a) in clause (4), for the words “the Appellate Authority and the Appellate

Tribunal” the words, brackets and figures, “the Appellate Authority, the Appellate

Tribunal and the Authority referred to in sub-section (2) of section 171” shall be

substituted ;

(b) in clause (16), for the words “Central Board of Excise and Customs”

the words “Central Board of Indirect Taxes and Customs” shall be substituted ;

(c) in clause (17), for sub-clause (h), the following sub-clause shall be

substituted, namely :—

“(h) 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”;

(d) clause (18) shall be deleted ;

(e) in clause (35), for the word, brackets and letter “clause (c)” the word,

brackets and letter, “clause (b)” shall be substituted;

(f) in clause (69), in sub-clause (f), after the word and figures “article

371” the words, figures and letter “and article 371J” shall be inserted;

(g) in clause (102), the following Explanation shall be inserted, namely:–

“Explanation.––For the removal of doubts, it is hereby clarified that

the expression, "services" includes facilitating or arranging transactions

in securities ; ”.

3.

In section 7 of the principal Act, with effect from the1st day of July 2017,–

(a) in sub-section (1),––

(i) in clause (b), after the words “or furtherance of business ; ” the word

“and” shall be inserted and shall always be deemed to have been inserted ;

(ii) in clause (c), after the words “a consideration” the word “and”

shall be deleted and shall always be deemed to have been deleted ;

(iii) clause (d) shall be deleted and shall always be deemed to have

been deleted ;

(b) after sub-section (1), the following sub-section shall be inserted and

shall always be deemed to have been inserted, namely : ––

“(1A) Where certain activities or transactions constitute a supply in

accordance with the provisions of sub-section (1), they shall be treated

either as supply of goods or supply of services as referred to in

Schedule II.” ;

(c) in sub-section (3), for the words, brackets and figures “sub-sections

(1) and (2)” the words, brackets, figures and letter “sub-sections (1), (1A) and

(2)” shall be substituted.

Amendment

of section 2 of

Mah. XLIII of

2017.

Mah.

XLIII of

2017.

Amendment of

section 7 of

Mah. XLIII of

2017.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìC]õÉä¤É®ú 13, 2018/+ÉÊ·ÉxÉ 21, ¶ÉEäò 1940

3

4.

In section 9 of the principal Act, for sub-section (4), the following sub-

section shall be substituted, namely: ––

“(4) The Government may, on the recommendations of the Council, by

notification, specify a class of registered persons who shall, in respect of supply

of specified categories of goods or services or both received from an

unregistered supplier, pay the tax on reverse charge basis as the recipient of

such supply of goods or services or both, and all the provisions of this Act

shall apply to such recipient as if he is the person liable for paying the tax in

relation to such supply of goods or services or both.”.

5.

In section 10 of the principal Act, —

(a) in sub-section (1),—

(i) for the words “in lieu of the tax payable by him, an amount

calculated at such rate” the words, brackets and figures “in lieu of the tax

payable by him under sub-section (1) of section 9, an amount of tax

calculated at such rate” shall be substituted;

(ii) in the proviso, for the words “one crore rupees” the words “one

crore and fifty lakh rupees” shall be substituted;

(iii) after the proviso, the following proviso shall be inserted, namely :–

“Provided further that, a person who opts to pay tax under clause

(a) or clause (b) or clause (c) may supply services (other than those

referred to in clause (b) of paragraph 6 of Schedule II), of value not

exceeding ten per cent. of turnover in the State in the preceding financial

year or five lakh rupees, whichever is higher.”;

(b) in sub-section (2), for clause (a), the following clause shall be

substituted, namely: ––

“(a) save as provided in sub-section (1), he is not engaged in the

supply of services;”.

6.

In section 12 of the principal Act, in sub-section (2), in clause (a), the

words, brackets and figure “sub-section (1) of ” shall be deleted.

7.

In section 13 of the principal Act, in sub-section (2), the words, brackets

and figure “sub-section (2) of ”, at both the places where they occur, shall be deleted.

8.

In section 16 of the principal Act, in sub-section (2),––

(a) in clause (b), for the Explanation, the following Explanation shall be

substituted, namely:—

“Explanation.—For the purposes of this clause, it shall be deemed

that the registered person has received the goods or, as the case may

be, services––

(i) where the goods are delivered by the supplier to a recipient

or any other person on the direction of such registered person,

whether acting as an agent or otherwise, before or during movement

of goods, either by way of transfer of documents of title to goods or

otherwise;

(ii) where the services are provided by the supplier to any

person on the direction of and on account of such registered person.”;

Amendment

of section 9 of

Mah. XLIII of

2017.

Amendment of

section 10 of

Mah. XLIII of

2017.

Amendment of

section 12 of

Mah. XLIII of

2017.

Amendment of

section 13 of

Mah. XLIII of

2017.

Amendment

of section 16

of Mah. XLIII

of 2017.

4

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(b) in clause (c), for the word and figures “section 41” the words, figures

and letter “section 41 or section 43A” shall be substituted.

9.

In section 17 of the principal Act,––

(a) in sub-section (3), the following Explanation shall be inserted, namely:–

“Explanation.— For the purposes of this sub-section, the expression

“value of exempt supply” shall not include the value of activities or

transactions specified in Schedule III, except those specified in paragraph

5 of the said Schedule.”;

(b) in sub-section (5), for clauses (a) and (b), the following clauses shall

be substituted, namely:—

“(a) motor vehicles for transportation of persons having approved

seating capacity of not more than thirteen persons (including the driver),

except when they are used for making the following taxable supplies,

namely:—

(A) further supply of such motor vehicles; or

(B) transportation of passengers; or

(C) imparting training on driving such motor vehicles;

(aa) vessels and aircraft except when they are used––

(i) for making the following taxable supplies, namely:—

(A) further supply of such vessels or aircraft; or

(B) transportation of passengers; or

(C) imparting training on navigating such vessels; or

(D) imparting training on flying such aircraft;

(ii) for transportation of goods;

(ab) services of general insurance, servicing, repair and maintenance

in so far as they relate to motor vehicles, vessels or aircraft referred to in

clause (a) or clause (aa):

Provided that, the input tax credit in respect of such services shall

be available,-

(i) where the motor vehicles, vessels or aircraft referred to in

clause (a) or clause (aa) are used for the purposes specified therein;

(ii) where received by a taxable person engaged—

(I) in the manufacture of such motor vehicles, vessels or

aircraft; or

(II) in the supply of general insurance services in respect

of such motor vehicles, vessels or aircraft insured by him;

(b) the following supply of goods or services or both—

(i) food and beverages, outdoor catering, beauty treatment,

health services, cosmetic and plastic surgery, leasing, renting or

hiring of motor vehicles, vessels or aircraft referred to in clause (a)

or clause (aa) except when used for the purposes specified therein,

life insurance and health insurance:

Amendment of

section 17 of

Mah. XLIII of

2017.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìC]õÉä¤É®ú 13, 2018/+ÉÊ·ÉxÉ 21, ¶ÉEäò 1940

5

Provided that, the input tax credit in respect of such goods or services

or both shall be available where an inward supply of such goods or

services or both is used by a registered person for making an outward

taxable supply of the same category of goods or services or both or as

an element of a taxable composite or mixed supply ;

(ii) membership of a club, health and fitness centre; and

(iii) travel benefits extended to employees on vacation such as leave

or home travel concession :

Provided that, the input tax credit in respect of such goods or services or

both shall be available, where it is obligatory for an employer to provide the same to

its employees under any law for the time being in force.”.

10.

In section 20 of the principal Act, in the Explanation, in clause (c), for the

words and figures “under entry 84” the words, figures and letter “under entries 84

and 92A” shall be substituted.

11.

In section 22 of the principal Act, —

(a) in sub-section (1), after the proviso, the following proviso shall be

inserted, namely:—

“Provided further that, the Government may, at the request of a special

category State and on the recommendations of the Council, enhance the

aggregate turnover referred to in the first proviso from ten lakh rupees to such

amount, not exceeding twenty lakh rupees and subject to such conditions and

limitations, as may be so notified.”;

(b) in the Explanation, in clause (iii), after the word “Constitution” the words

“except the State of Jammu and Kashmir and the States of Arunachal Pradesh,

Assam, Himachal Pradesh, Meghalaya, Sikkim and Uttarakhand” shall be

inserted.

12.

In section 24 of the principal Act, in clause (x), after the words “commerce

operator” the words and figures “who is required to collect tax at source under

section 52” shall be inserted.

13.

In section 25 of the principal Act,––

(a) in sub-section (1), after the proviso and before the Explanation, the

following proviso shall be inserted, namely :—

“Provided further that, a person having a unit, as defined in the Special

Economic Zones Act, 2005, in a Special Economic Zone or being a Special

Economic Zone developer shall have to apply for a separate registration, as

distinct from his place of business located outside the Special Economic Zone

in the same State.”;

(b) in sub-section (2), for the proviso, the following proviso shall be

substituted, namely:––

“Provided that, a person having multiple places of business in the State

may be granted a separate registration for each such place of business, subject

to such conditions as may be prescribed.”.

14. In section 29 of the principal Act,––

(a) in the marginal note, after the word “Cancellation” the words “or

suspension” shall be inserted ;

Amendment of

section 20 of

Mah. XLIII of

2017.

Amendment of

section 22 of

Mah. XLIII of

2017.

Amendment of

section 24 of

Mah. XLIII of

2017.

Amendment of

section 25 of

Mah. XLIII of

2017.

Amendment of

section 29 of

Mah. XLIII of

2017.

28

of

2005.

¦ÉÉMÉ +É`ö----138-2

6

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìC]õÉä¤É®ú 13, 2018/+ÉÊ·ÉxÉ 21, ¶ÉEäò 1940

(b) in sub-section (1), after clause (c), the following proviso shall be

inserted, namely:—

“Provided that, during pendency of the proceedings relating to

cancellation of registration filed by the registered person, the registration

may be suspended for such period and in such manner as may be

prescribed.”;

(c) in sub-section (2), after the proviso, the following proviso shall be

inserted, namely:—

“Provided further that, during pendency of the proceedings relating

to cancellation of registration, the proper officer may suspend the

registration for such period and in such manner as may be prescribed.”.

15.

In section 34 of the principal Act,––

(a) in sub-section (1),––

(i) for the words “Where a tax invoice has” the words “Where one

or more tax invoices have” shall be substituted ;

(ii) for the words “a credit note” the words “one or more credit notes

for supplies made in a financial year” shall be substituted ;

(b) in sub-section (3) ,––

(i) for the words “Where a tax invoice has” the words “Where one or

more tax invoices have” shall be substituted;

(ii) for the words “a debit note” the words “one or more debit notes

for supplies made in a financial year” shall be substituted.

16.

In section 35 of the principal Act, in sub-section (5), the following proviso

shall be inserted, namely :—

“Provided that, nothing contained in this sub-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.”.

17.

In section 39 of the principal Act,––

(a) in sub-section (1),–

(i) for the words “ in such form and manner as may be prescribed ”

the words “ in such form, manner and within such time as may be

prescribed ” shall be substituted ;

(ii) the words “on or before the twentieth day of the month succeeding

such calendar month or part thereof ” shall be deleted ;

(iii) the following proviso shall be inserted, namely :—

“Provided that, the Government may, on the recommendations

of the Council, notify certain classes of registered persons who shall

furnish return for every quarter or part thereof, subject to such

conditions and safeguards as may be specified therein.”;

(b) in sub-section (7), the following proviso shall be inserted, namely:––

“Provided that, the Government may, on the recommendations of

the Council, notify certain classes of registered persons who shall pay to

the Government the tax due or part thereof as per the return on or before

the last date on which he is required to furnish such return, subject to

such conditions and safeguards as may be specified therein.”;

Amendment of

section 34 of

Mah. XLIII of

2017.

Amendment of

section 35 of

Mah. XLIII of

2017.

Amendment of

section 39 of

Mah. XLIII of

2017.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìC]õÉä¤É®ú 13, 2018/+ÉÊ·ÉxÉ 21, ¶ÉEäò 1940

7

(c) in sub-section (9),––

(i) for the words “in the return to be furnished for the month or quarter

during which such omission or incorrect particulars are noticed” the words

“in such form and manner as may be prescribed” shall be substituted;

(ii) in the proviso, for the words “the end of the financial year” the

words “the end of the financial year to which such details pertain” shall be

substituted.

18.

After section 43 of the principal Act, the following section shall be inserted,

namely :—

“43A.

(1) Notwithstanding anything contained in sub-section (2) of

section 16, section 37 or section 38, every registered person shall in the returns

furnished under sub-section (1) of section 39 verify, validate, modify or delete

the details of supplies furnished by the suppliers.

(2) Notwithstanding anything contained in section 41, section 42 or section

43, the procedure for availing of input tax credit by the recipient and verification

thereof shall be such as may be prescribed.

(3) The procedure for furnishing the details of outward supplies by the

supplier on the common portal, for the purposes of availing input tax credit by

the recipient shall be such as may be prescribed.

(4) The procedure for availing input tax credit in respect of outward supplies

not furnished under sub-section (3) shall be such as may be prescribed and

such procedure may include the maximum amount of the input tax credit which

can be so availed, not exceeding twenty per cent. of the input tax credit

available, on the basis of details furnished by the suppliers under the said

sub-section.

(5) The amount of tax specified in the outward supplies for which the

details have been furnished by the supplier under sub-section (3) shall be

deemed to be the tax payable by him under the provisions of the Act.

(6) The supplier and the recipient of a supply shall be jointly and severally

liable to pay tax or to pay the input tax credit availed, as the case may be, in

relation to outward supplies for which the details have been furnished under

sub-section (3) or sub-section (4) but return thereof has not been furnished.

(7) For the purposes of sub-section (6), the recovery shall be made in

such manner as may be prescribed and such procedure may provide for non-

recovery of an amount of tax or input tax credit wrongly availed not exceeding

one thousand rupees.

(8) The procedure, safeguards and threshold of the tax amount in relation

to outward supplies, the details of which can be furnished under sub-section

(3) by a registered person,—

(i) within six months of taking registration;

(ii) who has defaulted in payment of tax and where such default has

continued for more than two months from the due date of payment of

such defaulted amount,

shall be such as may be prescribed.”.

19.

In section 48 of the principal Act, in sub-section (2), after the word and

figures “section 45” the words “and to perform such other functions” shall be inserted.

Insertion of

section 43A in

Mah. XLIII of

2017.

Procedure for

furnishing

return and

availing input

tax credit.

Amendment of

section 48 of

Mah. XLIII of

2017.

¦ÉÉMÉ +É`ö----138-2+

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20.

In section 49 of the principal Act,––

(a) in sub-section (2), for the word and figures “section 41” the words,

figures and letter “section 41 or section 43A” shall be substituted ;

(b) in sub-section (5),––

(i) in clause (c), the following proviso shall be inserted, namely :—

“Provided that, the input tax credit on account of State tax shall

be utilised towards payment of integrated tax only where the balance

of the input tax credit on account of central tax is not available for

payment of integrated tax;”;

(ii) in clause (d), the following proviso shall be inserted, namely :—

“Provided that the input tax credit on account of Union territory

tax shall be utilised towards payment of integrated tax only where

the balance of the input tax credit on account of central tax is not

available for payment of integrated tax;”.

21.

After section 49 of the principal Act, the following sections shall be inserted,

namely:–

“49A.

Notwithstanding anything contained in section 49, the input tax

credit on account of State tax shall be utilised towards payment of integrated

tax or State tax, as the case may be, only after the input tax credit available on

account of integrated tax has first been utilised fully towards such payment.

49B.

Notwithstanding anything contained in this Chapter and subject to

the provisions of clause (e) and clause (f) of sub-section (5) of section 49, the

Government may, on the recommendations of the Council, prescribe the order

and manner of utilisation of the input tax credit on account of integrated tax,

central tax, State tax or Union territory tax, as the case may be, towards

payment of any such tax.”.

22.

In section 52 of the principal Act, in sub-section (9), for the word and

figures “section 37” the words and figures “section 37 or section 39” shall be

substituted.

23.

In section 54 of the principal Act,—

(a) in sub-section (8), in clause (a), for the words “zero-rated supplies”

the words “export” and “exports” shall respectively, be substituted;

(b) in the Explanation, in clause (2),––

(i) in sub-clause (c), in item (i), after the words “foreign exchange”

the words “or in Indian rupees wherever permitted by the Reserve Bank

of India” shall be inserted;

(ii) for sub-clause (e), the following sub-clause shall be substituted,

namely:––

“(e) in the case of refund of unutilised input tax credit under clause (ii) of

the first proviso to sub-section (3), the due date for furnishing of return under

section 39 for the period in which such claim for refund arises;”.

Amendment of

section 49 of

Mah. XLIII of

2017.

Insertion of

sections 49A

and 49B in

Mah. XLIII of

2017.

Utilisation of

input tax credit

subject to

certain

conditions.

Order of

utilization of

input tax

credit.

Amendment of

section 52 of

Mah. XLIII of

2017.

Amendment of

section 54 of

Mah. XLIII of

2017.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìC]õÉä¤É®ú 13, 2018/+ÉÊ·ÉxÉ 21, ¶ÉEäò 1940

9

24. In section 79 of the principal Act, after sub-section (4), the following

Explanation shall be inserted, namely:—

“ Explanation.––For the purposes of this section, the word person shall include

“distinct persons” as referred to in sub-section (4) or, as the case may be, sub-

section (5) of section 25. ”.

25. In section 107 of the principal Act, in sub-section (6), in clause (b), after

the words “arising from the said order,” the words “subject to a maximum of twenty-

five crore rupees,” shall be inserted.

26. In section 112 of the principal Act, in sub-section (8), in clause (b), after

the words “arising from the said order,” the words “subject to a maximum of fifty

crore rupees,” shall be inserted.

27. In section 129 of the principal Act, in sub-section (6) and in the proviso, for

the words “seven days”, the words “fourteen days” shall be substituted.

28. In section 143 of the principal Act, in sub-section (1), in clause (b), after

the proviso, the following proviso shall be inserted, namely :—

“Provided further that, the period of one year and three years may, on

sufficient cause being shown, be extended by the Commissioner for a further

period not exceeding one year and two years respectively.”.

29. In Schedule I appended to the principal Act, in paragraph 4, for the words

“taxable person” the word “person” shall be substituted.

30. In Schedule II appended to the principal Act, in the heading, after the word

“ACTIVITIES” the words “OR TRANSACTIONS” shall be inserted and shall always

be deemed to have been inserted with effect from the 1st day of July 2017.

31. In Schedule III appended to the principal Act,—

(i) after paragraph 6, the following paragraphs shall be inserted, namely :—

“7. Supply of goods from a place outside India to another place out

side India without such goods entering into India.

8. (a) Supply of warehoused goods to any person before clearance

for home consumption;

(b) supply of goods by the consignee to any other person, by

endorsement of documents of title to the goods, after the goods have

been dispatched from the port of origin located outside India but before

clearance for home consumption.”;

(ii) the existing Explanation shall be renumbered as Explanation 1 and

after Explanation 1 as so renumbered, the following Explanation shall be

inserted, namely:—

“Explanation 2.—For the purposes of paragraph 8, the expression

“warehoused goods” shall have the same meaning as assigned to it in the

Customs Act, 1962.”.

Amendment of

section 79 of

Mah. XLIII of

2017.

Amendment of

section 107 of

Mah. XLIII of

2017.

Amendment of

section 112 of

Mah. XLIII of

2017.

Amendment of

section 129 of

Mah. XLIII of

2017.

Amendment of

section 143 of

Mah. XLIII of

2017.

Amendment of

Schedule I of

Mah. XLIII of

2017.

Amendment of

Schedule II of

Mah. XLIII of

2017 .

Amendment of

Schedule III of

the Mah. XLIII

of 2017.

52 of

1962.

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STATEMENT

The Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIII of 2017) has

been enacted with a view to make a provision for levy and collection of tax on

intra-State supply of goods or services or both.

2.

The Act provides for certain provisions for smooth transition of existing

tax payers to new goods and services tax regime. However, the new tax regime

has faced certain difficulties. One of the major inconveniences caused to the

taxpayers, especially small and medium enterprises, is the process of filing the

return and payment of tax under the Goods and Services Tax laws. In this regard,

the proposed new return filing system envisages quarterly filing of the return and

tax payment for small taxpayers along with minimum paperwork. In order to

implement the new return filing system, and also to overcome the above difficulties,

it is proposed to amend the Maharashtra Goods and Services Tax Act, 2017,

suitably.

3.

(The proposed Maharashtra Goods and Services Tax (Amendment)

ordinance, inter alia, a provides for the following, namely:—

(i) to amend section 7 of the Act, so as to clarify the scope of supply;

(ii) to amend section 9 of the Act, for empowering the State Government

to notify the classes of registered persons for paying the tax on reverse charge

basis, in respect of receipt of supplies of certain specified categories of goods

or services or both, from the unregistered suppliers;

(iii) to amend section 10 of the Act, so as to enhance the limit of composition

levy from one crore rupees to one crore and fifty lakh rupees;

(iv) to amend section 17 of the Act, so as to specify the scope of input tax

credit;

(v) to amend section 22 of the Act, in view of the enhancement in the

exemption limit for registration in the special category States from ten lakh

rupees to twenty lakh rupees;

(vi) to amend section 25 of the Act, so as to facilitate tax payer to have

the option to obtain multiple registrations for multiple places of business located

within the same State and to provide for separate registration for Special

Economic Zone unit or developer;

(vii) to amend section 29 of the Act, so as to insert a provision for temporary

suspension of registration while cancellation of registration is under process;

(viii) to insert a new section 43A, so as to provide for the new system of

filing return and availing input tax credit;

(ix) to amend sub-section (6) of section 107 of the Act relating to Appeals,

so as to provide that the amount of pre-deposit payable for filing of appeal

shall be capped at twenty five crore rupees;

(x) to amend section 129 of the Act, so as to increase the period relating

to detention or seizure of goods and conveyance in transit from seven days to

fourteen days.

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4.

As both Houses of the State Legislature are not in session and the

Governor of Maharashtra is satisfied that circumstances exist which render it

necessary for him to take immediate action further to amend the Maharashtra Goods

and Services Tax Act, 2017 (Mah. XLIII of 2017), for the purposes aforesaid, this

Ordinance is promulgated.

Mumbai,

CH. VIDYASAGAR RAO,

Dated the 13th October 2018.

Governor of Maharashtra.

By order and in the name of the Governor of Maharashtra,

U. P. S. MADAN,

Additional Chief Secretary to Government.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR SHRI

MANOHAR SHANKAR GAIKWAD, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI

SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.