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[ 391 ]

GOVERNMENT OF PUDUCHERRY

LAW DEPARTMENT

No. 120/Leg/2020-LD.

Puducherry, the 7th August 2020.

The following Act of the Legislative Assembly, Puducherry, received

the assent of the Lieutenant-Governor, Puducherry, on the 5th day of

August, 2020 and is hereby published for general information.

N. MURUGAVEL,

Under Secretary to Government (Law).

392

LA GAZETTE DE L'ETAT

[PART–II

THE PUDUCHERRY GOODS AND SERVICES TAX

(SECOND AMENDMENT) ACT, 2020

(Act No. 6 of 2020)

(05-08-2020)

A N

ACT

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.

393

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.

394

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.

395

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.

396

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 ower

o f

Government to

extend time-limit

i n

sp ec i a l

circumstances.

Amendment of

section 172.

Amendment of

Schedule II.

397

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

c o ll ec t i on o f

S t a t e t a x i n

certain cases.

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

————