[ 337 ]

GOVERNMENT OF PUDUCHERRY

LEGISLATIVE ASSEMBLY

No. 104/LA/Budget Session-July2020/Bills.

Puducherry, the 22nd July 2020.

Under rule 140 of Rules of Procedure and Conduct of Business

of the Puducherry Legislative Assembly, the following Bills viz.,

(i) The Puducherry Goods and Services Tax (Second Amendment) Bill,

2020 (Bill No. 5 of 2020).

(ii) The Puducherry Settlement of Arrears Bill, 2020 (Bill No. 6 of 2020).

which were introduced in the Legislative Assembly on 21st July, 2020, are published

for general information.

Registered with the Registrar

of Newspapers for India under

No. 10410

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No. 34

Poudouchéry

Mardi

21

Juillet

2020

No.

Puducherry

Tuesday

21st

July

2020

(30 Asadha 1942)

Registered No.

PY/44/2018-20

WPP No. TN/PMG(CCR)/

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Dated : 21-7-2020

Price : ` 10-00

338

LA GAZETTE DE L'ETAT

[PART–II

THE PUDUCHERRY GOODS AND SERVICES TAX

(SECOND AMENDMENT) BILL, 2020

(Bill No. 5 of 2020)

A

BILL

further to amend the Puducherry Goods and

Services Tax Act, 2017.

BE it enacted by the Puducherry Legislative

Assembly in the Seventy-first Year of the Republic

of India as follows:-

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

Goods and Services Tax (Second Amendment)

Act, 2020.

(2) Save as otherwise provided, sections

2 to 14 of this Act shall come into force on such

date as the Government of Puducherry may, by

notification in the Official Gazette, appoint.

2. In section 2 of the Puducherry Goods

and Services Tax Act, 2017 (hereinafter referred

as the principal Act), in clause (114), for the

existing sub-clauses (c) and (d), the following

sub-clauses shall be substituted, namely:--

“(c) Dadra and Nagar Haveli and Daman

and Diu;

(d) Ladakh;”.

3. In section 10 of the principal Act, in

sub-section (2), in clauses (b), (c) and (d), after

the words “of goods”, the words “or services”

shall be inserted.

Short title and

commencement.

Amendment of

section 2.

Amendment of

section 10.

Act

N o . 6

o f

2017.

339

PART–II]

LA GAZETTE DE L'ETAT

4. In section 16 of the principal Act, in

sub-section (4), the words “invoice relating to

such” shall be omitted.

5. In section 29 of the principal Act, in

sub-section (1), for the existing clause (c), the

following clause shall be substituted, namely:—

“(c) the taxable person is no longer liable

to be registered under section 22 or section 24

or intends to opt out of the registration voluntarily

made under sub-section (3) of section 25:”.

6. In section 30 of the principal Act, in

sub-section (1), for the existing proviso, the following

proviso shall be substituted, namely:—

“Provided that such period may, on sufficient

cause being shown, and for reasons to be recorded

in writing, be extended,—

(a) by the Additional Commissioner or

the Joint Commissioner, as the case may

be, for a period not exceeding thirty days;

(b) by the Commissioner, for a further

period not exceeding thirty days, beyond

the period specified in clause (a).”.

7. In section 31 of the principal Act, in

sub-section (2), for the existing proviso, the following

proviso shall be substituted, namely:—

“Provided that the Government may, on

the recommendations of the Council, by notification,—

(a) specify the categories of services

or supplies in respect of which a tax

invoice shall be issued, within such time

and in such manner as may be prescribed;

Amendment of

section 16.

Amendment of

section 29.

Amendment of

section 30.

Amendment of

section 31.

340

LA GAZETTE DE L'ETAT

[PART–II

(b) subject to the condition mentioned

therein, specify the categories of services

in respect of which—

(i) any other document issued in relation

to the supply shall be deemed to be a

tax invoice; or

(ii) tax invoice may not be issued.”.

8. In section 51 of the principal Act,—

(a) for the existing sub-section (3), the

following sub-section shall be substituted, namely:—

“(3) A certificate of tax deduction at

source shall be issued in such form and

in such manner as may be prescribed.”;

(b) sub-section (4) shall be omitted.".

9. In section 122 of the principal Act, after

the existing sub-section (1), the following sub-

section shall be inserted, namely:—

“(1A) Any person who retains the benefit

of a transaction covered under clauses (i), (ii),

(vii) or clause (ix) of sub-section (1) and at

whose instance such transaction is conducted,

shall be liable to a penalty of an amount equivalent

to the tax evaded or input tax credit availed of

or passed on.”.

10. In section 132 of the principal Act, in

sub-section (1),—

(i) for the existing words “Whoever commits

any of the following offences”, the words “Whoever

commits, or causes to commit and retain the

benefits arising out of, any of the following offences'”

shall be substituted;

Amendment of

section 51.

Amendment of

section 122.

Amendment of

section 132.

341

PART–II]

LA GAZETTE DE L'ETAT

(ii) for the existing clause (c), the following

clause shall be substituted, namely:--

“(c) avails input tax credit using the

invoice or bill referred to in clause (b) or

fraudulently avails input tax credit without

any invoice or bill;”;

(iii) in the existing clause (e), the words”,

fraudulently avails input tax credit” shall be omitted.

11. In section 140 of the principal Act, with

effect from the 1st day of July, 2017,—

(a) in sub-section (1), after the words

“existing law”, the words “within such time and”

shall be inserted and shall be deemed to have

been inserted;

(b) in sub-section (2), after the words

“appointed day”, the words “within such time

and” shall be inserted and shall be deemed to

have been inserted;

(c) in sub-section (3), for the words “goods

held in stock on the appointed day subject to”,

the words “goods held in stock on the appointed

day, within such time and in such manner as

may be prescribed, subject to” shall be substituted

and shall be deemed to have been substituted;

(d) in sub-section (5), for the words “existing

law”, the words “existing law, within such time

and in such manner as may be prescribed” shall

be substituted and shall be deemed to have been

substituted;

(e) in sub-section (6), for the words “goods

held in stock on the appointed day subject to”,

the words “goods held in stock on the appointed

day, within such time and in such manner as

may be prescribed, subject to” shall be substituted

and shall be deemed to have been substituted.

Amendment of

section 140.

342

LA GAZETTE DE L'ETAT

[PART–II

12. After section 168 of the principal Act,

the following section shall be inserted with effect

from the 31st day of March, 2020, namely:—

“168A. (1) Notwithstanding anything contained

in this Act, the Government may, on the

recommendations of the Council, by notification,

extend the time limit specified in, or prescribed

or notified under, this Act in respect of actions

which cannot be completed or complied with due

to force majeure.

(2) The power to issue notification under

sub-section (1) shall include the power to give

retrospective effect to such notification from a

date not earlier than the date of commencement

of this Act.

Explanation.— For the purposes of this

section, the expression “force majeure”

means a case of war, epidemic, flood,

drought, fire, cyclone, earthquake or any

other calamity caused by nature or otherwise

affecting the implementation of any of the

provisions of this Act.”.

13. In section 172 of the principal Act, in

sub-section (1), in the proviso, for the words

“three years”, the words “five years” shall be

substituted.

14. In Schedule II to the principal Act, in

paragraph 4 (a) and (b), the existing words “whether

or not for a consideration,” shall be omitted and

shall be deemed to have been omitted with effect

from the 1st day of July, 2017.

Insertion of new

section 168A.

P o w e r

o f

Government to

extend time limit

i n

s p e c i a l

circumstances.

Amendment of

section 172.

Amendment of

Schedule II.

343

PART–II]

LA GAZETTE DE L'ETAT

15. (1) Notwithstanding anything contained

in the notification of the Commercial Taxes Secretariat,

Government of Puducherry issued vide G.O. Ms.

No. 1/2017-Puducherry GST (Rate), dated the

29th June, 2017 [published in the Gazette of

Puducherry, Extraordinary Part-I, No. 95, dated

the 29th June, 2017] by the Government on the

recommendations of the Council, in exercise of

the powers conferred under sub-section (1) of

section 9 of the principal Act,—

(i) no State tax shall be levied or collected

in respect of supply of fishmeal (falling under

heading 2301), during the period commencing

from the 1st day of July, 2017 and ending with

the 30th day of September, 2019 (both days inclusive);

(ii) State tax at the rate of six per cent.

shall be levied or collected in respect of supply

of pulley, wheels and other parts (falling under

heading 8483) and used as parts of agricultural

machinery (falling under headings 8432, 8433 and

8436), during the period commencing from the

1st day of July, 2017 and ending with the 31st

day of December, 2018 (both days inclusive).

(2) No refund shall be made of all such

tax which has been collected, but which would

not have been so collected, had sub-section (1)

been in force at all material times.

————

R e t r o s p e c t i v e

e x e m p t i o n

from, levy and

collection of,

S t a t e

t a x

i n

certain cases.

344

LA GAZETTE DE L'ETAT

[PART–II

STATEMENT OF OBJECTS AND REASONS

The Puducherry Goods and Services Tax Act, 2017 was

enacted by Act No. 6 of 2017 with a view to make a provision

for levy and collection of tax on intra-State supply of goods or

services or both by the Government.

2. The GST Council in its 38th meeting held on 18th

December, 2019 recommended amendments in the GST Law to

provide for revenue augmentation measures, trade facilitation and

simplification measures and enforcement measures. In order to

carry out the amendments as recommended by the GST Council,

amendments are proposed in the Puducherry Goods and Services

Tax Act, 2017.

3. The proposed Puducherry Goods and Services Tax (Second

Amendment) Bill, 2020, inter alia, provides for the following,

namely:—

(i) to align the definition of “Union territory” in line

with the Jammu and Kashmir Reorganisation Act, 2019 and the

Dadra and Nagar Haveli and Daman and Diu (Merger of Union

territories) Act, 2019.

(ii) to harmonise the conditions for eligibility for opting

to pay composition tax.

(iii) to delink the date of issuance of debit note from

the date of issuance of the underlying invoice for purposes of

availing input tax credit.

(iv) to provide for cancellation of registration of taxpayers

who have got voluntary registration.

(v) to empower the jurisdictional tax authorities to extend

the period for filing application for revocation of cancellation

of registration.

(vi) to empower the Government to notify the categories

of services or supplies in respect of which tax invoice shall be

issued and to make rules regarding the time and manner of its

issuance.

345

PART–II]

LA GAZETTE DE L'ETAT

(vii) to empower the Government to make rules to provide

for the form and manner in which a certificate of tax deduction

at source shall be issued.

(viii) to make the beneficiary of certain transactions

which are declared as offence under the Act and at whose

instance such transactions are conducted, liable for penalty.

(ix) to make the offence of fraudulent availment of

input tax credit without invoice or bill cognizable and non-

bailable offence and to make any person who retains the benefit

of certain transactions and at whose instance such transactions

are conducted liable for punishment.

(x) to prescribe the time limit and the manner for availing

input tax credit of unavailed credit under the existing law,

retrospectively from the 1st day of July, 2017.

(xi) to empower the Government, on the recommendations

of the Council, by notification, to extend the time limit specified

in, or prescribed or notified under, the Act in respect of actions

which cannot be completed or complied with due to force

majeure.

(xii) to extend the time limit provided for removal of

difficulties from three years to five years.

(xiii) to amend provisions relating to “transfer of business

entries” in Schedule II of the Act which deals with activities to

be treated as supply of goods and supply of services, so as to

bring in clarity.

(xiv) to provide retrospective exemption from State tax

on supply of fishmeal, during the period from the 1st day of

July, 2017 up to 30th day of September, 2019.

(xv) to retrospectively levy State tax at the reduced rate

of six percent. on supply of pulley, wheels and other parts used

as parts of agricultural machinery.

4. The Bill seeks to achieve the above objects.

V. NARAYANASAMY,

Chief Minister.

346

LA GAZETTE DE L'ETAT

[PART–II

FINANCIAL MEMORANDUM

The proposed Puducherry Goods and Services Tax (Second

Amendment) Bill, 2020 does not involve any recurring or non-recurring

expenditure from the Consolidated Fund of the Union territory

of Puducherry.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 7 of the Bill seeks to amend section 31 of the

Puducherry Goods and Services Tax Act, 2017. Sub-section (2)

of the said section empowers the Government to make rules to

provide for the time and manner of issuing tax invoice.

Clause 8 of the Bill seeks to amend section 51 of the said

Act. Sub-section (3) of the said section empowers the Government

to make rules to provide for the form and manner in which a

certificate of tax deduction at source shall be issued.

Clause 11 of the Bill seeks to amend section 140 of the

said Act with retrospective effect to empower the Government

to make rules to provide for the time limit and the manner for

availing input tax credit against certain unavailed credit under

the existing law.

2. The matters in respect of which the rules may be made

are in accordance with the provisions of the Bill and are

matters of procedure and administrative details and it is not

practicable to provide for them in the Bill itself.

3. The powers delegated are of normal and not of an

exceptional character.

————

347

PART–II]

LA GAZETTE DE L'ETAT

ADMINISTRATOR’S RECOMMENDATION UNDER

SUB-SECTION (1) OF SECTION 23 OF THE GOVERNMENT

OF UNION TERRITORIES ACT, 1963

[Copy of the Letter No. 13-240/CM/2020, dated 16-07-2020

from Thiru V. Narayanasamy, Hon’ble Chief Minister to

the Hon’ble Speaker, Legislative Assembly, Puducherry.]

The Lieutenant-Governor, Puducherry, having been informed

of the subject matter of the proposed Puducherry Goods and

Services Tax (Second Amendment) Bill, 2020 providing to amend

the Puducherry Goods and Services Tax Act, 2017 (Act No. 6

of 2017), recommends under sub-section (1) of section 23 of

the Government of Union Territories Act, 1963 (Central Act 20

of 1963), the introduction in and consideration by the Legislative

Assembly of the said Bill.

————

348

LA GAZETTE DE L'ETAT

[PART–II

THE PUDUCHERRY SETTLEMENT OF

ARREARS BILL, 2020

(Bill No. 6 of 2020)

A

BILL

to provide for settlement of arrears of tax,

penalty and interest which were levied,

payable or imposed, respectively under

Pondicherry General Sales Tax Act, 1967,

Puducherry Value Added Tax Act, 2007

and Central Sales Tax Act, 1956 administered

by the Commercial Taxes Department,

Puducherry and for the matters connected

therewith or incidental thereto.

BE it enacted by the Puducherry Legislative

Assembly in the Seventy-first Year of the Republic

of India as follows:-

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

Settlement of Arrears Act, 2020.

(2) It extends to the whole of the Union

territory of Puducherry.

(3) It shall come into force on such date,

as the Government, may by notification in the

Official Gazette, appoint.

2. In this Act, unless the context otherwise

requires,-

(a) “Appellate Authority” means, the Appellate

Assistant Commissioner appointed under the Puducherry

Value Added Tax Act, 2007 or the erstwhile Pondicherry

General Sales Tax Act, 1967;

(b) “applicant” means, a dealer as defined

in the Relevant Act who is liable to pay arrears

of tax, penalty and interest, levied or imposed

under the Relevant Act and who desires to avail

the benefit of settlement, by complying with the

conditions, under this Act;

S h o r t

t i t l e ,

e x t e n t

a n d

commencement.

Definitions.

349

PART–II]

LA GAZETTE DE L'ETAT

(c) “arrears of tax, penalty and interest”

respectively means-

(i) tax payable by an applicant under

the relevant Act;

(ii) penalty payable by an applicant under

the relevant Act, other than sub-clause

(iii) of this clause.

(iii) penalty payable by an applicant under

sub-section (3) of section 27 of the

Pondicherry General Sales Tax Act, 1967

or section 24A of the Puducherry Value

Added Tax Act, 2007.

(d) “assessing authority" means, an assessing

officer who has jurisdiction over the applicant

under the Puducherry Value Added Tax Act, 2007

or Pondicherry General Sales Tax Act, 1967 and

includes an officer authorized by the Commissioner

in this behalf under the relevant Act;

(e) “Commissioner” means, any person

appointed as the Commissioner of State Tax under

section 3 of the Puducherry Goods and Services

Tax Act, 2017 and includes the Commissioner of

Commercial Taxes appointed under section 3 of

the Puducherry Value Added Tax Act, 2007;

(f) “Government” means, the Government

of Puducherry;

(g) “Relevant Act” means the following

Acts:-

(i) the Central Sales Tax Act, 1956;

(ii) the repealed Pondicherry General Sales

Tax Act, 1967;

(iii) the Puducherry Value Added Tax

Act, 2007.

Act No.

9 of

2017.

Act No.

74 of

1956.

Act No.

74 of

1967.

Act No.

9 of

2007.

Act No.

6 of

2017.

350

LA GAZETTE DE L'ETAT

[PART–II

(h) “Revisional Authority” means, the authority

conferred with special powers or powers of revision

under section 35 or 36 or 37 of the Pondicherry

General Sales Tax Act, 1967 or under section 45

or 46 of the Puducherry Value Added Tax Act,

2007, as the case may be.

(i) “Tribunal” means, the Pondicherry Sales

Tax Appellate Tribunal.

(2) Unless there is anything repugnant to

the subject or context, all expressions used in

this Act, which are not defined, shall have the

same meaning as defined or used in the relevant

Act.

3. Subject to the other provisions of this

Act, an applicant may make an application for

settlement of arrears of tax, penalty and interest

in respect of which any assessment is completed

and demand raised under the relevant Act prior

to the 1st day of July 2017:

Provided that if, an appeal or revision or

any case against assessment is pending before

the Tribunal or High Court or Supreme Court, as

on the date of submission of application under

section 4, other than the private complaints filed

by the Government before the Judicial Magistrate

Court, then the demand covered under such assessment

shall not be eligible for settlement.

4. (1) An application for the purpose of

section 3 shall be made to the Assessing Authority

by an applicant within ninety days from the date

of commencement of this Act or by such later

date as the Government may, by notification,

specify, from time to time, in such form, and in

such manner, as may be prescribed.

Eligibility for

settlement.

Application for

settlement.

351

PART–II]

LA GAZETTE DE L'ETAT

(2) The application shall be accompanied

with proof of payment of fifty percent. of the

tax amount remaining unpaid as on the date of

making application under sub-section (1).

(3) The application shall be submitted

separately for each assessment under the relevant

Act.

(4) The applicant shall send a copy of

the application made under sub-section (1) to the

appellate authority or the revisional authority under

the relevant Act, before whom any appeal or

revision, as the case may be, is pending within

seven days from the date of making such application

before the assessing authority.

5. (1) The assessing authority shall verify

the correctness of the particulars furnished in

the application made under section 4 with reference

to all relevant records and determine the amount

of tax and penalty payable by the applicant at the

rates specified in section 6. The amount so determined

shall be communicated to the applicant in the

prescribed Form within fifteen days from the

date of submission of application by the applicant

under sub-section (1) of section 4.

(2) If, the amount paid by the applicant

along with the application submitted under sub-section

(1) of section 4 falls short of not more than ten

percent. of the amount payable under sub-section

(2) of section 4, then the assessing authority

shall issue a notice to the applicant in the prescribed

Form demanding payment of differential amount

within a period of seven days from the date of

receipt of notice.

Determination of

t h e

a m o u n t

payable by the

applicant and

p a y m e n t

thereof.

352

LA GAZETTE DE L'ETAT

[PART–II

(3) If, the amount paid by applicant

along with the application falls short of more

than ten percent. of the amount payable under

sub-section (2) of section 4 or the applicant fails

to pay the differential amount as per the notice

issued under sub-section (2) within the time allowed,

then the assessing authority shall summarily reject

the application by an order in writing.

(4) The balance tax and penalty amount

as determined by the assessing authority under

sub-section (1) after adjusting all payments made

earlier against the relevant demand including the

amount paid under sub-section (2) of section 4

or sub-section (2) of this section shall be paid

by the applicant within three months from the

date of communication of amount determined by

the assessing officer under sub-section (1) without

the requirement of any further notice from the

assessing authority.

(5) If, the applicant fails to pay the tax

and penalty amount payable under sub-section (4)

within the period allowed for its payment, the

assessing authority shall reject the application by

an order in writing.

(6) Any payment made under this Act shall

not be refundable. On rejection of application

under sub-section (3) or (5), the amount paid by

the applicant under this Act shall be treated to

have been paid against the respective demand

under the relevant Act.

(7) The amount determined or payable under

this section shall be rounded off to the nearest

rupee and, for this purpose, where such amount

contains a part of a rupee, and, if, such part is

fifty paise or more, it shall be rounded off to the

nearest rupee, and if, such part is less than fifty

paise, it shall be ignored.

353

PART–II]

LA GAZETTE DE L'ETAT

6. (1) Notwithstanding anything contained in

the relevant Act, but, subject to the provisions of

this Act, the applicant applying for settlement

under section 4 shall pay the arrears of tax and

penalty as below:

(a) Tax-one hundred percent. of the amount

remaining unpaid as on the date of application.

(b) Penalty-twenty five percent. of the

amount remaining unpaid as on the date of application.

(2) On completion of payment under

sub-section (1), the balance penalty and the entire

interest shall be waived.

7. (1) The assessing authority shall, on being

satisfied about the payment of the amount determined

under sub-section (1) of section 5, by an order,

settle the arrears of tax, and penalty and issue a

certificate in such form as may be prescribed,

and thereupon, the applicant shall be discharged

from his liability to make payment of the balance

amount of arrears of penalty and interest.

(2) The certificate under sub-section (1)

shall be issued within fifteen days of payment of

the entire amount determined under sub-section (1)

of section 5 and separate certificate shall be

issued in respect of each application.

(3) The assessing authority, for reasons

to be recorded in writing, may refuse to settle

the arrears of tax, penalty and interest:

Provided that no order under this

sub-section shall be passed without giving the

applicant a reasonable opportunity of showing

cause against such refusal.

Rate applicable

in determining

amount payable

and waiver.

Settlement of

arrears and issue

of certificate.

354

LA GAZETTE DE L'ETAT

[PART–II

(4) After a certificate under sub-section (1)

is issued by the assessing authority, the Commissioner

may, at any time within one year from the date

of issue of the certificate, call for the record of

such certificate and after noticing an error in

such certificate, in so far as it is prejudicial to

the interest of revenue, may modify the certificate

after allowing the applicant a reasonable opportunity

of showing cause.

8. A certificate issued under section 7 shall

be conclusive as to the settlement to which it

relates, and no matter covered by such certificate

shall be re-opened in any proceeding of review

or revision, or in any other proceeding, under

the relevant Act.

9. (1) Notwithstanding anything to the contrary

contained in any provision in the relevant Act,

appeal or revision for any period pending before

the appellate authority or revisional authority, as

the case may be, under the relevant Act in respect

of which a certificate is issued under section 7,

shall be deemed to have been withdrawn.

(2) Any order passed by the appellate authority

or revisional authority subsequent to the date of

filing of application for settlement of arrears of

tax, penalty and interest resulting in claim for

refund of amount paid upto the time of settlement

of such arrears of tax and penalty under this

Act, will not be taken into consideration.

(3) Where any revenue recovery proceedings

under the Puducherry Revenue Recovery Act, 1970

has been initiated or private complaint has been

filed before the Judicial Magistrate Court against

the applicant for recovery of arrears of tax, penalty

and interest, on issue of certificate under section

7, the revenue recovery proceedings and the private

complaint relevant to the demand for which the

certificate is issued shall be withdrawn:

B a r

o n

r e -

o p e n i n g

o f

settled cases.

Withdrawal of

appeal, revisions

a n d

r e v e n u e

r e c o v e r y

Actions.

Act

No. 14

o f

1970.

355

PART–II]

LA GAZETTE DE L'ETAT

Provided that the private complaint pending

before the Judicial Magistrate Court shall not be

withdrawn without the prior approval of the

Government.

10. No authority shall proceed to decide in

any appeal or revision under the relevant Act

relating to any assessment order in respect of

which a copy of the application has been received

under sub-section (1) of section 4:

Provided that such authority shall proceed

to decide such proceeding or appeal or revision

in accordance with the provisions of the relevant

Act, if the application is rejected under sub-

section (3) or (5) of section 5 or if a certificate

referred to in sub-section (1) of section 7 is

refused to the applicant by an order passed by

the assessing authority under sub-section (3) of

section 7.

11. (1) Notwithstanding anything contained

in section 8 or section 9, where it appears to the

assessing authority that an applicant has obtained

the certificate under section 7 by suppressing

any material information or particulars or by furnishing

any incorrect or false information or particulars,

such assessing authority, may, within a period of

two years from the date of issue of the said

certificate, for reasons to be recorded in writing

and after giving the applicant a reasonable opportunity

of showing cause, revoke the certificate issued

under sub-section (1) of section 7.

(2) If a certificate is revoked under

sub-section (1), any appeal or revision, as the

case may be, under the relevant Act, covered by

such certificate shall, notwithstanding the provisions

of section 8 or section 9, stand revived or reinstated

Authority not to

p r o c e e d

i n

certain cases.

Revocation of

certificate.

356

LA GAZETTE DE L'ETAT

[PART–II

immediately upon such revocation, and such appeal

or revision shall be decided in accordance with

the provisions of the relevant Act, as if no settlement

of the arrears of tax and penalty in such proceeding

or appeal or revision has ever been made under

this Act.

(3) In the case of revocation of a certificate

in accordance with sub-section (1), the amount

paid by the applicant under section 5 shall be

treated as payment towards the amount payable

under the relevant Act for the demand for which

the certificate has been revoked.

12. The assessing authority within three days

of the receipt or issue, as the case may be, shall

communicate to the appellate authority or revisional

authority under the relevant Act, who for the

time being, has jurisdiction over the applicant

under the relevant Act and to the Commissioner,—

(a) copy of order passed under sub-section

(3) or (5) of section 5;

(b) copy of an order passed and certificate

issued under sub-section (1) of section 7;

(c) copy of revocation order passed under

sub-section (1) of section 11; and

(d) such other matters as it may deem

necessary.

13. If, any difficulty arises in giving effect

to any of the provisions of this Act, the Government

may, by order, not inconsistent with the provisions

of this Act, remove such difficulty:

Provided that no such order shall be made

after the expiry of one year from the date of

coming into force of this Act.

Information to

b e

s e n t

t o

authorities under

relevant Act.

P o w e r

t o

r

e

m

o

v

e

difficulties.

357

PART–II]

LA GAZETTE DE L'ETAT

14. (1) The Government may, make rules,

whether prospectively or retrospectively, for carrying

out the purposes of this Act.

(2) (a) All rules made under this Act shall

be published in the Official Gazette and unless

they are expressed to come into force on a particular

day, shall come into force on the day, on which

they are so published.

(b) All notifications issued under this Act

shall, unless they are expressed to come into

force on a particular day, come into force on the

day on which they are so published.

(3) Every rule made or notification issued

under this Act and every order made under section

13 shall, as soon as may be after it is made or

issued, be laid before the Legislative Assembly,

Puducherry, while it is in session for a total

period of fourteen days, which may be comprised

in one session or in two or more successive

sessions, and, if, before the expiry of the session

in which it is so laid or the successive sessions

aforesaid, the Legislative Assembly makes any

modification in the rule or notification or order

or decides that any such rule or notification or

order should not be made or issued, that rule or

notification or order shall thereafter have effect

only in such modified form or be of no effect as

the case may be, so, however, that any such

modification or annulment shall be without prejudice

to the validity of anything previously done under

that rule or notification or order.

Power to make

rules.

358

LA GAZETTE DE L'ETAT

[PART–II

STATEMENT OF OBJECTS AND REASONS

Goods and Services Tax has been implemented in the

Union territory of Puducherry vide the Puducherry Goods and

Services Tax Act, 2017 with effect from 1st July 2017. Under

Goods and Service Tax various levies on Goods and Services

have been subsumed.

2. After the implementation of Goods and Services Tax,

the work-load under the said Act has increased. There are large

number of cases and litigations pending under the repealed

Pondicherry General Sales Tax Act, 1967, the Puducherry Value

Added Tax Act, 2007 and the Central Sales Tax Act, 1956

which involves locking of substantial amount of tax revenue.

The Government, therefore, considers it expedient to provide

for an Act for settlement of arrears of tax, penalty and interest

under the aforesaid Acts in respect of which assessment or

reassessment is completed and demand has been created prior

to the 1st day of July 2017. The Act envisages the safeguarding

of the revenue fully in respect of taxes and with an incentive

towards the partial waiver of penalty subject to the conditions

laid down in the Act.

3. For the purpose, it is proposed to enact the Puducherry

Settlement of Arrears Act, 2020.

4. The Bill seeks to achieve the above objects.

V. NARAYANASAMY,

Chief Minister.

————

359

PART–II]

LA GAZETTE DE L'ETAT

FINANCIAL MEMORANDUM

The Bill proposes to provide for the settlement of arrears

for which the demand has been created under the repealed

Pondicherry General Sales Tax Act, 1967, the Puducherry Value

Added Tax Act, 2007 and the Central Sales Tax Act, 1956

during the period prior to the 1st day of July 2017.

There is no provision in the Bill which would involve the

recurring or non-recurring expenditure from the Consolidated

Fund of the Union Territory of Puducherry on its enactment as

an Act of the Puducherry Legislature.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of

legislative power, namely:—

Clause 13.— Under this clause, Government is empowered

to remove, by an order, within a period of one year from the

date of coming into force of the Act, any difficulty, which may

arise in giving effect to the provisions of the Act.

Clause 14.— Under this clause, Government is empowered

to frame rules whether prospectively or retrospectively for

carrying out the purposes of the Act.

————

360

LA GAZETTE DE L'ETAT

[PART–II

ADMINISTRATOR’S RECOMMENDATION UNDER

SUB-SECTION (1) OF SECTION 23 OF THE GOVERNMENT

OF UNION TERRITORIES ACT, 1963

[Copy of the Letter No. 13-239/CM/2020, dated 16-07-2020 from

Thiru V. Narayanasamy, Hon’ble Chief Minister to the Hon’ble

Speaker, Legislative Assembly, Puducherry.]

The Lieutenant-Governor, Puducherry, having been informed

of the subject matter of the proposed Puducherry Settlement of

Arrears Bill, 2020 providing for settlement of arrears of tax,

penalty and interest under the repealed Pondicherry General

Sales Tax Act, 1967, the Puducherry Value Added Tax Act,

2007 and the Central Sales Tax Act, 1956, recommends under

sub-section (1) of section 23 of the Government of Union

Territories Act, 1963 (Central Act 20 of 1963), the introduction

in and consideration by the Legislative Assembly of the said

Bill.

————

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

Published by The Director, Government Press

Printed at: Government Central Press, Puducherry.

Posted at: Puducherry HPO on every Tuesday