[ 787 ]

GOVERNMENT OF PUDUCHERRY

LAW DEPARTMENT

No. 270/Leg/2019-LD.

Puducherry, the 30th December 2019.

The following Ordinance which was promulgated by the Administrator,

Puducherry, on the 30th December, 2019, is hereby published for general

information.

(By Order)

N. MURUGAVEL,

Under Secretary to Government (Law).

Registered with the Registrar

of Newspapers for India under

No. 10410



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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EXTRAORDINAIRE

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30 {

No. 62 Poudouchéry

Lundi

30

Décembre

2019

No.

Puducherry

Monday

30th

December

2019

(9 Pausa 1941)

Registered No.

PY/44/2018-20

WPP No. TN/PMG(CCR)/

WPP-88/2018-20

Dated : 30-12-2019

Price : ` 6-00

788

LA GAZETTE DE L'ETAT

[PART–II

THE PUDUCHERRY GOODS AND SERVICES TAX

(AMENDMENT) ORDINANCE, 2019

(No. 1 of 2019)

Promulgated by the Administrator in the Seventieth

Year of the Republic of India

AN ORDINANCE

to amend the Puducherry Goods and Services Tax

Act, 2017.

WHEREAS, the Legislative Assembly of the Union

territory is not in session and the Administrator is satisfied

that circumstances exist which render it necessary for her

to take immediate action;

AND WHEREAS, the instructions of the President

have been obtained in pursuance of the first proviso

to clause (1) of article 239B of the Constitution;

NOW, THEREFORE, in exercise of the powers

conferred by clause (1) of article 239B of the Constitution,

the Administrator is pleased to promulgate the following

Ordinance:-

1. (1) This Ordinance may be called the Puducherry

Goods and Services Tax (Amendment) Ordinance, 2019.

(2) Save as otherwise provided, the provisions of

this Ordinance shall come into force on such date as the

Government of Puducherry may, by notification in the

Official Gazette, appoint:

Provided that 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.

Short title

and

commencement.

789

PART–II]

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2. In section 2 of the Puducherry Goods and Services

Tax Act, 2017 (hereinafter referred as the principal Act),

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

Advance Ruling,”, the words “the National Appellate

Authority for Advance Ruling,” shall be inserted.

3. In section 10 of the principal Act,––

(a) in sub-section (1), after the second proviso,

the following Explanation shall be inserted, namely:—

“Explanation.––For the purposes of second

proviso, the value of exempt supply of services provided

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 for determining

the value of turnover in a State.”;

(b) in sub-section (2),—

(i) in clause (d), the word ‘‘and’’ occurring at the

end shall be omitted;

(ii) in clause (e), for the word ‘‘Council:’’, the words

‘‘Council; and’’ shall be substituted;

(iii) after clause (e), the following clause shall be

inserted, namely:––

“(f) he is neither a casual taxable person nor a

non-resident taxable person:”;

(c) after sub-section (2), the following

sub-section shall be inserted, namely:––

“(2A) Notwithstanding anything to the contrary

contained in this Act, but subject to the provisions of

sub-sections (3) and (4) of section 9, a registered person,

not eligible to opt to pay tax under sub-section (1) and

sub-section (2), whose aggregate turnover in the preceding

financial year did not exceed fifty lakh rupees, may opt to

pay, in lieu of the tax payable by him under sub-section (1)

Amendment

of

section 2.

Act

No. 6 of

2017.

Amendment

of

section 10.

790

LA GAZETTE DE L'ETAT

[PART–II

of section 9, an amount of tax calculated at such rate as

may be prescribed, but not exceeding three per cent. of the

turnover in State, if he is not––

(a) engaged in making any supply of goods or

services which are not leviable to tax under this Act;

(b) engaged in making any inter-State outward

supplies of goods or services;

(c) engaged in making any supply of goods or

services through an electronic commerce operator who is

required to collect tax at source under section 52;

(d) a manufacturer of such goods or supplier of

such services as may be notified by the Government on

the recommendations of the Council; and

(e) a casual taxable person or a non-resident

taxable person:

Provided that where more than one registered

person are having the same Permanent Account Number

issued under the Income-tax Act, 1961, the registered

person shall not be eligible to opt for the scheme under

this sub-section unless all such registered persons opt to

pay tax under this sub-section.”;

(d) in sub-section (3), after the words, brackets

and figure “under sub-section (1)” at both the places where

they occur, the words, brackets, figure and letter “or sub-

section (2A), as the case may be,” shall be inserted.

(e) in sub-section (4), after the words, brackets

and figure “of sub-section (1)”, the words, brackets, figure

and letter “or, as the case may be, sub-section (2A)” shall

be inserted.

(f) in sub-section (5), after the words, brackets

and figure “under sub-section (1)”, the words, brackets,

figure and letter “or sub-section (2A), as the case may

be,” shall be inserted.

Central

Act

No. 43

of 1961.

791

PART–II]

LA GAZETTE DE L'ETAT

(g) after sub-section (5), the following

Explanations shall be inserted, namely:—

“Explanation 1.—For the purposes of computing

aggregate turnover of a person for determining his

eligibility to pay tax under this section, the expression

“aggregate turnover” shall include the value of supplies

made by such person from the 1st day of April of a financial

year up to the date when he becomes liable for registration

under this Act, but, shall not include the value of exempt

supply of services provided by way of extending deposits,

loans or advances in so far as the consideration is

represented by way of interest or discount.

Explanation 2.—For the purposes of determining

the tax payable by a person under this section, the

expression “turnover in State” shall not include the value

of following supplies, namely:—

(i) supplies from the first day ofApril of a financial

year up to the date when such person becomes liable for

registration under this Act; and

(ii) exempt supply of services provided by way

of extending deposits, loans or advances in so far as the

consideration is represented by way of interest or

discount.”.

4. In section 22 of the principal Act, in sub-

section (1), after the second proviso, the following shall

be inserted, namely:––

“Provided also that the Government may, on the

recommendations of the Council, enhance the aggregate

turnover from twenty lakh rupees to such amount not

exceeding forty lakh rupees in case of supplier who is

engaged exclusively in the supply of goods, subject to

such conditions and limitations, as may be notified.

Explanation.—For the purposes of this

sub-section, a person shall be considered to be engaged

exclusively in the supply of goods even if he is engaged in

exempt supply of services provided by way of extending

deposits, loans or advances in so far as the consideration

is represented by way of interest or discount.”.

Amendment

of section 22.

792

LA GAZETTE DE L'ETAT

[

P ART–II

5. In section 25 of the principal Act, after

sub-section (6), the following sub-sections shall be

inserted, namely:—

“(6A) Every registered person shall undergo

authentication, or furnish proof of possession of Aadhaar

number, in such form and manner and within such time as

may be prescribed:

Provided that if an Aadhaar number is not

assigned to the registered person, such person shall be

offered alternate and viable means of identification in such

manner as Government may, on the recommendations of

the Council, prescribe:

Provided further that in case of failure to undergo

authentication or furnish proof of possession of Aadhaar

number or furnish alternate and viable means of

identification, registration allotted to such person shall be

deemed to be invalid and the other provisions of this Act

shall apply as if such person does not have a registration.

(6B) On and from the date of notification, every

individual shall, in order to be eligible for grant of

registration, undergo authentication, or furnish proof of

possession of Aadhaar number, in such manner as the

Government may, on the recommendations of the Council,

specify in the said notification:

Provided that if an Aadhaar number is not

assigned to an individual, such individual shall be offered

alternate and viable means of identification in such manner

as the Government may, on the recommendations of the

Council, specify in the said notification.

(6C) On and from the date of notification, every

person, other than an individual, shall, in order to be

eligible for grant of registration, undergo authentication,

or furnish proof of possession of Aadhaar number of the

Karta, Managing Director, whole time Director, such

number of partners, Members of Managing Committee of

Ame n d m en t

of

section 25.

793

PART–II]

LA GAZETTE DE L'ETAT

Association, Board of Trustees, authorised representative,

authorised signatory and such other class of persons, in

such manner, as the Government may, on the

recommendations of the Council, specify in the said

notification:

Provided that where such person or class of

persons have not been assigned the Aadhaar Number, such

person or class of persons shall be offered alternate and

viable means of identification in such manner as the

Government may, on the recommendations of the Council,

specify in the said notification.

(6D) The provisions of sub-section (6A) or

sub-section (6B) or sub-section (6C) shall not apply to

such person or class of persons or part of the State, as the

Government may, on the recommendations of the Council,

specify by notification.

Explanation.—For the purposes of this section,

the expression “Aadhaar number” shall have the same

meaning as assigned to it in clause (a) of section 2 of the

Aadhaar (Targeted Delivery of Financial and Other

Subsidies, Benefits and Services) Act, 2016.”.

6. After section 31 of the principal Act, the

following section shall be inserted, namely:––

“31A. The Government may, on the

recommendations of the Council, prescribe a class of

registered persons who shall provide prescribed modes of

electronic payment to the recipient of supply of goods or

services or both made by him and give option to such

recipient to make payment accordingly, in such manner

and subject to such conditions and restrictions, as may be

prescribed.”.

7. In section 39 of the principal Act,––

(a) for sub-sections (1) and (2), the following

sub-sections shall be substituted, namely:––

Insertion of

new section

31A.

Facility of

digital

payment to

recipient.

Amendment

of section 39.

Central

Act

No. 18

of 2016.

794

LA GAZETTE DE L'ETAT

[PART–II

‘‘(1) Every registered person, other than an Input

Service Distributor or a non-resident taxable person or a

person paying tax under the provisions of section 10 or

section 51 or section 52 shall, for every calendar month or

part thereof, furnish, a return, electronically, of inward and

outward supplies of goods or services or both, input tax

credit availed, tax payable, tax paid and such other

particulars, in such form and manner, and within such time,

as may be prescribed:

Provided that the Government may, on the

recommendations of the Council, notify certain class of

registered persons who shall furnish a return for every

quarter or part thereof, subject to such conditions and

restrictions as may be specified therein.

(2) A registered person paying tax under the

provisions of section 10, shall, for each financial year or

part thereof, furnish a return, electronically, of turnover in

the State, inward supplies of goods or services or both,

tax payable, tax paid and such other particulars in such

form and manner, and within such time, as may be

prescribed.’’;

(b) for sub-section (7), the following sub-section

shall be substituted, namely:—

“(7) Every registered person who is required to

furnish a return under sub-section (1), other than the

person referred to in the proviso thereto, or sub-section (3)

or sub-section (5), shall pay to the Government the tax due

as per such return not later than the last date on which he

is required to furnish such return:

Provided that every registered person furnishing

return under the proviso to sub-section (1) shall pay to

the Government, the tax due taking into account inward

and outward supplies of goods or services or both, input

tax credit availed, tax payable and such other particulars

during a month, in such form and manner, and within such

time, as may be prescribed:

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PART–II]

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Provided further that every registered person

furnishing return under sub-section (2) shall pay to the

Government, the tax due taking into account turnover in

the State, inward supplies of goods or services or both,

tax payable, and such other particulars during a quarter, in

such form and manner, and within such time, as may be

prescribed.”.

8. In section 44 of the principalAct, in sub-section (1),

the following provisos shall be inserted, namely:—

“Provided that the Commissioner may, on the

recommendations of the Council and for reasons to be

recorded in writing, by notification, extend the time limit

for furnishing the annual return for such class of registered

persons as may be specified therein:

Provided further that any extension of time limit

notified by the Commissioner of Central tax shall be deemed

to be notified by the Commissioner.”.

9. In section 49 of the principal Act, after

sub-section (9), the following sub-sections shall be

inserted, namely:—

“(10) A registered person may, on the common

portal, transfer any amount of tax, interest, penalty, fee or

any other amount available in the electronic cash ledger

under this Act, to the electronic cash ledger for integrated

tax, central tax, State tax or cess, in such form and manner

and subject to such conditions and restrictions as may be

prescribed and such transfer shall be deemed to be a refund

from the electronic cash ledger under this Act.

(11) Where any amount has been transferred to

the electronic cash ledger under this Act, the same shall

be deemed to be deposited in the said ledger as provided

in sub-section (1).”.

10. In section 50 of the principalAct, in sub-section (1),

the following proviso shall be inserted, namely:––

“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

Amendment

of section 44.

Amendment

of section 49.

Amendment

of section 50.

796

LA GAZETTE DE L'ETAT

[PART–II

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 levied on that portion of the tax

that is paid by debiting the electronic cash ledger.”.

11. In section 52 of the principal Act,––

(a) in sub-section (4), the following provisos shall

be inserted, namely:–

“Provided that the Commissioner may, for reasons

to be recorded in writing, by notification, extend the time

limit for furnishing the statement for such class of

registered persons as may be specified therein:

Provided further that any extension of time limit

notified by the Commissioner of Central tax shall be deemed

to be notified by the Commissioner.”;

(b) in sub-section (5), the following provisos shall

be inserted, namely:–

“Provided that the Commissioner may, on the

recommendations of the Council and for reasons to be

recorded in writing, by notification, extend the time limit

for furnishing the annual statement for such class of

registered persons as may be specified therein:

Provided further that any extension of time limit

notified by the Commissioner of Central tax shall be deemed

to be notified by the Commissioner.”.

12. After section 53 of the principal Act, the

following section shall be inserted, namely:––

“53A. Where any amount has been transferred

from the electronic cash ledger under this Act to the

electronic cash ledger under the Central Goods and Services

Tax Act or under the Integrated Goods and Services Tax

Act or under the Goods and Services Tax (Compensation

to States) Act, the Government shall, transfer to the central

Amendment

of section 52.

Insertion of

new section

53A.

Transfer of

certain

amounts.

797

PART–II]

LA GAZETTE DE L'ETAT

tax account or integrated tax account or cess account, an

amount equal to the amount transferred from the electronic

cash ledger, in such manner and within such time as may

be prescribed.”.

13. In section 54 of the principal Act, after

sub-section (8), the following sub-section shall be inserted,

namely:–

“(8A) Where the Central Government has

disbursed the refund of State tax, the Government shall

transfer an amount equal to the amount so refunded, to

the Central Government.”.

14. In section 95 of the principal Act,––

(i) in clause (a),––

(a) after the words “Appellate Authority”, the

words “or the National Appellate Authority” shall be

inserted;

(b) after the words and figures “of section 100”,

the words, figures and letter “or of section 101C of the

Central Goods and Services Tax Act” shall be inserted;

(ii) after clause (e), the following clause shall be

inserted, namely:––

‘(f) “National Appellate Authority” means the

National Appellate Authority for Advance Ruling referred

to in section 101A.’.

15. After section 101 of the principal Act, the

following section shall be inserted, namely:––

“101A. Subject to the provisions of this Chapter,

for the purpose of this Act, the National Appellate

Authority for Advance Ruling constituted under section

101A of the Central Goods and Services Tax Act shall be

deemed to be the National Appellate Authority for

Advance Ruling under this Act.”.

Amendment

of section 54.

Amendment

of section 95.

Insertion

new section

101A.

National

Appellate

Authority

for Advance

Ruling.

798

LA GAZETTE DE L'ETAT

[PART–II

16. In section 102 of the principal Act, in the

opening portion,—

(a) after the words “Appellate Authority”, at both

the places where they occur, the words “or the National

Appellate Authority” shall be inserted;

(b) after the words and figures “or section 101”,

the words, figures and letter “or section 101C of the Central

Goods and Services Tax Act, respectively,” shall be

inserted;

(c) for the words “or the appellant”, the words,

“appellant, the Authority or the Appellate Authority” shall

be substituted.

17. In section 103 of the principal Act,––

(i) after sub-section (1), the following sub-section

shall be inserted, namely:––

“(1A) The Advance Ruling pronounced by the

National Appellate Authority under this Chapter shall be

binding on—

(a) the applicants, being distinct persons, who

had sought the ruling under sub-section (1) of section

101B of the Central Goods and Services Tax Act and all

registered persons having the same Permanent Account

Number issued under the Income-tax Act, 1961;

(b) the concerned officers and the jurisdictional

officers in respect of the applicants referred to in clause (a)

and the registered persons having the same Permanent

Account Number issued under the Income-tax Act, 1961.”;

(ii) in sub-section (2), after the words, brackets and

figure “in sub-section (1)”, the words, brackets, figure

and letter “and sub-section (1A)” shall be inserted.

Amendment

of section 102.

Amendment

of section 103.

Central

Act

No. 43

of 1961.

Central

Act

No. 43

of 1961.

799

PART–II]

LA GAZETTE DE L'ETAT

18. In section 104 of the principal Act, in

sub-section (1),––

(a) after the words “Authority or the Appellate

Authority”, the words “or the National Appellate

Authority” shall be inserted;

(b) after the words and figures “of section 101”,

the words, figures and letter “or under section 101C of the

Central Goods and Services Tax Act” shall be inserted.

19. In section 105 of the principal Act,––

(a) for the marginal heading, the following marginal

heading shall be substituted, namely:––

“Powers of Authority, Appellate Authority and

National Appellate Authority.”;

(b) in sub-section (1), after the words “Appellate

Authority”, the words “or the National Appellate

Authority” shall be inserted;

(c) in sub-section (2), after the words “Appellate

Authority” at both the places where they occur, the words

“or the National Appellate Authority” shall be inserted.

20. In section 106 of the principal Act,–

(a) for the marginal heading, the following marginal

heading shall be substituted, namely:––

“Procedure of Authority, Appellate Authority and

National Appellate Authority.”;

(b) after the words “Appellate Authority”, the

words “or the National Appellate Authority” shall be

inserted.

21. In section 171 of the principal Act, after

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

‘(3A) Where the Authority referred to in

sub-section (2), after holding examination as required under

the said sub-section comes to the conclusion that any

Amendment

of section 104.

Amendment

of section 105.

Amendment

of section 106.

Amendment

of section 171.

800

LA GAZETTE DE L'ETAT

[PART–II

registered person has profiteered under sub-section (1),

such person shall be liable to pay penalty equivalent to

ten per cent. of the amount so profiteered:

Provided that no penalty shall be leviable if the

profiteered amount is deposited within thirty days of the

date of passing of the order by the Authority.

Explanation.—For the purposes of this section,

the expression “profiteered” shall mean the amount

determined on account of not passing the benefit of

reduction in rate of tax on supply of goods or services or

both or the benefit of input tax credit to the recipient by

way of commensurate reduction in the price of the goods

or services or both.’.

22. (1) In the notification of the Government of

Puducherry, Commercial Taxes Secretariat issued vide

G.O. Ms. No. 2/2017-Puducherry GST (Rate), dated

29th June, 2017 [published in the Gazette of Puducherry,

Extraordinary Part I, No. 95 dated 29th June, 2017] by the

Government on the recommendations of the Council, under

sub-section (1) of section 11 of the Puducherry Goods and

Services Tax Act, 2017, in the Schedule, after S. No. 103

and the entries relating thereto, the following S. No. and

the entries thereto have been inserted with effect from

15th day of November, 2017 and they shall be deemed to

have been come into force with effect from the 1st day of

July, 2017, namely:––

(1)

(2)

(3)

“103A

26

Uranium Ore Concentrate”.

(2) For the purposes of sub-section (1), the

Government shall have and shall be deemed to have the

power to amend the notification referred to in sub-section (1)

with retrospective effect as if the Government had

Amendment

of notification

retrospectively.

Act

No. 6

of 2017.

801

PART–II]

LA GAZETTE DE L'ETAT

the power to amend the said notification under sub-section

(1) of section 11 of the said Act, retrospectively, at all

material times.

(3) No refund shall be made of all such tax which

has been collected, but which would not have been so

collected, if the notification referred to in sub-section (1)

had been in force at all material times.

Puducherry,

Date : 30th, December 2019.

(Dr. KIRAN BEDI)

Administrator, Puducherry.

————

online publication at “https://styandptg.py.gov.in”

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Printed at: Government Central Press, Puducherry.

Posted at: Puducherry HPO on every Tuesday