GOVERNMENT OF PUDUCHERRY

COMMERCIAL TAXES SECRETARIAT

(G.O. Ms. No. 19, Puducherry, dated 25th February 2019)

NOTIFICATION

THE PUDUCHERRY GOODS AND SERVICES TAX

(REMOVAL OF DIFFICULTIES) ORDER, 2019

ORDER No. 1/2019-State Tax

Whereas, sub-section (1) of section 10 of the Puducherry Goods and

Services Tax Act, 2017 (Act No. 6 of 2017) (hereafter in this Order referred to as

the said Act) provides that-

(i) a registered person engaged in the supply of services, other than

supply of service referred to in clause (b) of paragraph 6 of Schedule-II

to the said Act, may opt for the Scheme under the said sub-section;

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25 {

No.

29

Poudouchéry

Lundi

25

Février

2019 (6 Phalguna 1940)

No.

Puducherry

Monday

25th

February

2019

[ 151 ]

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LA GAZETTE DE L’ETAT

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(ii) a person who opts for the said Scheme may supply services (other than

those referred to in clause (b) of paragraph 6 of Schedule-II to the said Act), of

value not exceeding ten per cent. of turnover in a State or Union Territory in the

preceding financial year or five lakh rupees, whichever is higher;

And whereas, clause (a) of sub-section (2) of section 10 of the said Act

provides that the registered person shall be eligible to opt under sub-section (1),

if, save as otherwise provided in sub-section (1), he is not engaged in the supply

of services;

And whereas, rendering of services as part of the savings and investment

practice of business, by way of extending deposits, loans or advances, in so far as

the consideration is represented by way of interest or discount, is resulting in their

ineligibility for the aforesaid Scheme, causing hardships to a lot of small businesses

and because of that certain difficulties have arisen in giving effect to the provisions

of section 10;

Now, therefore, in exercise of the powers conferred by section 172 of the

Puducherry Goods and Services Tax Act, 2017 and in supersession of the

Puducherry Goods and Services Tax, (Removal of Difficulties) Order, 2017, Order

No. 01/2017-State Tax, notified vide G.O. Ms. No. 39/CT/2017-18, dated the 24th

October, 2017, published in the Gazette of Puducherry, Extraordinary, Part-I,

No. 169, dated the 24th October, 2017, except as respects things done or omitted

to be done before such supersession, the Lieutenant-Governor, Puducherry,

on recommendations of the Council, hereby makes the following Order, namely:-

1. Short title.— This Order may be called the Puducherry Goods and

Services Tax (Removal of Difficulties) Order, 2019.

2. For the removal of difficulties, it is hereby clarified that the value of

supply of exempt services by way of extending deposits, loans or advances in so

far as the consideration is represented by way of interest or discount, shall not be

taken into account-

(i) for determining the eligibility for composition Scheme under

second proviso to sub-section (1) of section 10;

(ii) in computing aggregate turnover in order to determine eligibility

for composition Scheme.

3. This Order shall be deemed to have come into force with effect from

the 1st day of February, 2019.

(By order of the Lieutenant-Governor)

Dr. V. CANDAVELOU, I.A.S.,

Commissioner-cum-Secretary

to Government (Finance).

PART-I ]

LA GAZETTE DE L’ETAT

153

GOVERNMENT OF PUDUCHERRY

COMMERCIAL TAXES SECRETARIAT

(G.O. Ms. No. 20, Puducherry, dated 25th February 2019)

CORRIGENDUM

In the notification of the Government of Puducherry, Commercial Taxes

Secretariat issued vide G.O. Ms. No. 26/2018-Puducherry GST (Rate), dated the

31st December, 2018, published in the Gazette of Puducherry, Extraordinary

Part-I, No. 180, dated the 31st December, 2018, in the Explanation, in item (c)

for "32" read "34".

(By order of the Lieutenant-Governor)

Dr. V. CANDAVELOU, I.A.S.,

Commissioner-cum-Secretary

to Government (Finance).

————

GOVERNMENT OF PUDUCHERRY

COMMERCIAL TAXES SECRETARIAT

(G.O. Ms. No. 21, Puducherry, dated 25th February 2019)

NOTIFICATION

THE PUDUCHERRY GOODS AND SERVICES TAX

(SECOND REMOVAL OF DIFFICULTIES) ORDER, 2019

ORDER No. 2/2019-State Tax

Whereas, sub-section (4) of section 52 of the Puducherry Goods and

Services Tax Act, 2017 (Act No. 6 of 2017) (hereafter in this Order referred to as

the said Act) provides that every operator who collects the amount specified in

sub-section (1) shall furnish a statement, electronically, containing the details of

outward supplies of goods or services or both effected through it, including the

supplies of goods or services or both returned through it, and the amount collected

under sub-section (1) during a month, in such form and manner as may be

prescribed, within ten days after the end of such month;

And whereas, certain operators, were unable to obtain registration because

of technical issues being faced by them on the common portal, but, they collected

the amount for the months of October, November and December 2018, as a result

whereof, the statement under sub-section (4) of section 52 of the said Act could

not be furnished and because of that certain difficulties have arisen in giving effect

to the provisions of the said sub-section;

Now, therefore, in exercise of the powers conferred by section 172 of the

Puducherry Goods and Services Tax Act, 2017, the Lieutenant-Governor,

Puducherry, on recommendations of the Council, hereby makes the following Order,

to remove the difficulties, namely:-

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154

1. Short title.—This Order may be called the Puducherry Goods and

Services Tax (Second Removal of Difficulties) Order, 2019.

2. In section 52 of the Puducherry Goods and Services Tax Act, 2017, in

sub-section (4),

in

the

Explanation,

for

the

figures,

letters

and

word

"31st January, 2019", the figures, letters and word "07th February, 2019" shall be

substituted.

3. This Order shall be deemed to have come into force with effect from

the 1st day of February, 2019.

(By order of the Lieutenant-Governor)

Dr. V. CANDAVELOU, I.A.S.,

Commissioner-cum-Secretary

to Government (Finance).

————

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