[ 981 ]
GOVERNMENT OF PUDUCHERRY
LAW DEPARTMENT
No. 161/Leg/2022-LD.
Puducherry, the 26th September 2022.
The following Act of the Legislative Assembly, Puducherry, received
the assent of the Lieutenant-Governor, Puducherry, on the 23rd day of
September, 2022 and is hereby published for general information.
JHANAZ RAFFI @ JHANSI,
Under Secretary to Government (Law).
Registered with the Registrar
of Newspapers for India under
No. 10410
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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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No. 53
Poudouchéry
Lundi
26
Septembre
2022
No.
Puducherry
Monday
26th
September
2022
(4 Asvina 1944)
Registered No.
PY/44/2021-23
982
LA GAZETTE DE L'ETAT
[PART–II
THE PUDUCHERRY GOODS AND SERVICES TAX
(AMENDMENT) ACT, 2022
(Act No. 4 of 2022)
(23-09-2022)
A N
ACT
further to amend the Puducherry Goods and Services
Tax Act, 2017
BE it enacted by the Legislative Assembly of
Puducherry in the Seventy-third Year of the Republic
of India as follows :—
1. (1) This Act may be called the Puducherry
Goods and Services Tax (Amendment) Act, 2022.
(2) Save as otherwise provided in this Act,
sections 2 to 15 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 the Puducherry Goods and Services Tax Act,
2017 (hereinafter referred to as the principal Act), in
section 16, —
(a) in sub-section (2),—
(i) after clause (b), the following clause shall
be inserted, namely:—
“(ba) the details of input tax credit in respect
of the said supply communicated to such
registered person under section 38 has not been
restricted;”;
(ii) in clause (c), the words, figures and
letter “or section 43A” shall be omitted;
(b) in sub-section (4), for the words and
figures “due date of furnishing of the return under
section 39 for the month of September”, the words
“thirtieth day of November” shall be substituted.
Short title and
commencement.
Amendment of
section 16.
Act
No. 6
o f
2017.
983
PART–II]
LA GAZETTE DE L'ETAT
3. In the principal Act. in section 29, in
sub-section (2), —
(a) in clause (b), for the words “returns for
three consecutive tax periods”, the words “the return
for a financial year beyond three months from the due
date of furnishing the said return” shall be substituted;
(b) in clause (c), for the words “a continuous
period of six months”, the words “such continuous tax
period as may be prescribed” shall be substituted.
4. In the principal Act, in section 34, in
sub-section (2), for the word “September”, the words
“the thirtieth day of November” shall be substituted.
5. In the principal Act, in section 37,-
(a) in sub-section (1), —
(i) after
the
words
“shall
furnish,
electronically,”, the words “subject to such
conditions and restrictions and” shall be
inserted;
(ii) for the words “shall be communicated to
the recipient of the said supplies within such
time and in such manner as may be prescribed”,
the words “shall, subject to such conditions
and restrictions, within such time and in such
manner as may be prescribed, be communcated
to the recipient of the said supplies” shall be
substituted;
(iii) the first proviso shall be omitted;
(iv) in the second proviso, for the words
“Provided further that”, the words “Provided
that” shall be substituted;
(v) in the third proviso, for the words
“Provided also that”, the words “Provided
further that” shall be substituted;
(b) sub-section (2) shall be omitted;
Amendment of
section 29.
Amendment of
section 34.
Amendment of
section 37.
984
LA GAZETTE DE L'ETAT
[PART–II
(c) in sub-section (3),-
(i) the words and figures “and which have
remained unmatched under section 42 or section
43” shall be omitted;
(ii) in the first proviso, for the words and
figures “furnishing of the return under section 39
for the month of September”, the words
“the thirtieth day of November” shall be
substituted;
(d) after sub-section (3), the following
sub-section shall be inserted, namely:-
“(4) A registered person shall not be
allowed to furnish the details of outward
supplies under sub-section (1) for a tax period,
if, the details of outward supplies for any of the
previous tax periods has not been furnished by
him:
Provided that the Government may, on the
recommendations
of
the
Council,
by
notification, subject to such conditions and
restrictions as may be specified therein, allow
a registered person or a class of registered
persons to furnish the details of outward
supplies under sub-section (1), even if, he has
not furnished the details of outward supplies
for one or more previous tax periods.”.
6. In the principal Act, for section 38, the
following section shall be substituted, namely:—
“38. (1) The details of outward supplies
furnished by the registered persons under sub-section (1)
of section 37 and of such other supplies as may be
prescribed, and an auto-generated statement containing
the details of input tax credit shall be made available
electronically to the recipients of such supplies in such
form and manner, within such time, and subject to such
conditions and restrictions as may be prescribed.
Substitution of
new section for
section 38.
Communication
o f d e t a i l s o f
inward supplies
and input tax
credit.
985
PART–II]
LA GAZETTE DE L'ETAT
(2) The auto-generated statement under
sub-section (1) shall consist of—
(a) details of inward supplies in respect of
which credit of input tax may be available to
the recipient; and
(b) details of supplies in respect of which
such credit cannot be availed, whether wholly
or partly, by the recipient, on account of the
details of the said supplies being furnished
under subsection (1) of section 37,-
(i) by any registered person within such
period of taking registration as may be
prescribed; or
(ii) by any registered person, who has
defaulted in payment of tax and where such
default has continued for such period as may
be prescribed; or
(iii) by any registered person, the output
tax payable by whom in accordance with the
statement of outward supplies furnished by
him under the said sub-section during such
period, as may be prescribed, exceeds the
output tax paid by him during the said period
by such limit as may be prescribed; or
(iv) by any registered person who,
during such period as may be prescribed, has
availed credit of input tax of an amount that
exceeds the credit that can be availed by him
in accordance with clause (a), by such limit
as may be prescribed; or
(v) by any registered person, who has
defaulted in discharging his tax liability in
accordance
with
the
provisions
of
sub-section (12) of section 49 subject to
such conditions and restrictions as may be
prescribed; or
(vi) by such other class of persons as
may be prescribed.”.
986
LA GAZETTE DE L'ETAT
[PART–II
7. In the principal Act, in section 39,—
(a) in sub-section (5), for the word “twenty”,
the word “thirteen” shall be substituted;
(b) in sub-section (7), for the first proviso, the
following proviso shall be substituted, namely: -
“Provided that every registered person
furnishing return under the proviso to sub-section (1)
shall pay to the Government, in such form and manner,
and within such time, as may be prescribed,-
(a) an amount equal to 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; or
(b) in lieu of the amount referred to in
clause (a), an amount determined in such
manner and subject to such conditions and
restrictions as may be prescribed.”;
(c) in sub-section (9), -
(i) for the words and figures “Subject to the
provisions of sections 37 and 38, if”, the word
“Where” shall be substituted;
(ii) in the proviso, for the words “the due
date for furnishing of return for the month of
September or second quarter”, the words “the
thirtieth day of November” shall be substituted;
(d) in sub-section (10), for the words “has
not been furnished by him”, the following shall
be substituted, namely:—
“or the details of outward supplies under
sub-section (1) of section 37 for the said tax
period has not been furnished by him:
Provided that the Government may, on the
recommendations of the Council, by
notification, subject to such conditions and
restrictions as may be specified therein,
Amendment of
section 39.
987
PART–II]
LA GAZETTE DE L'ETAT
allow a registered person or a class of
registered persons to furnish the return,
even if, he has not furnished the returns for
one or more previous tax periods or has not
furnished the details of outward supplies
under sub-section (1) of section 37 for the
said tax period.”.
8. In the principal Act, for section 41, the
following section shall be substituted, namely:—
“41. (1) Every registered person shall, subject
to such conditions and restrictions as may be
prescribed, be entitled to avail the credit of eligible
input tax, as self-assessed, in his return and such
amount shall be credited to his electronic credit ledger.
(2) The credit of input tax availed by a
registered person under subsection (1) in respect of
such supplies of goods or services or both, the tax
payable whereon has not been paid by the supplier,
shall be reversed along with applicable interest, by the
said person in such manner as may be prescribed:
Provided that where the said supplier makes
payment of the tax payable in respect of the aforesaid
supplies, the said registered person may reavail the
amount of credit reversed by him in such manner as may
be prescribed.”.
9. In the principal Act, sections 42, 43 and 43A
shall be omitted.
10. In the principal Act, in section 47, in
sub-section (1), —
(a) the words “or inward” shall be omitted;
(b) the words and figures “or section 38” shall
be omitted;
(c) after the words and figures “section 39 or
section 45”, the words and figures “or section 52” shall
be inserted.
Substitution of
new section for
section 41.
Av a i l m e n t o f
input tax credit.
Omission of
sections 42, 43
and 43A.
Amendment of
section 47.
988
LA GAZETTE DE L'ETAT
[PART–II
11. In the principal Act. in section 48, in
sub-section (2), the words and figures, “the details of
inward supplies under section 38” shall be omitted.
12. In the principal Act, in section 49,—
(a) in sub-section (2), the words, figures and
letter “or section 43 A” shall be omitted;
(b) in sub-section (4), after the words “subject
to such conditions”, the words “and restrictions” shall
be inserted;
(c) after sub-section (11). the following
sub-section shall be inserted, namely:—
“(12) Notwithstanding anything contained
in this Act, the Government may, on the
recommendations of the Council, subject to
such conditions and restrictions, specify such
maximum proportion of output tax liability under
this Act or under the Integrated Goods and
Services Tax Act, 2017 which may be discharged
through the electronic credit ledger by a
registered person or a class of registered
persons, as may be prescribed.”.
13. In the principal Act, in section 50, for
sub-section (3), the following sub-section shall be
substituted and shall be deemed to have been
substituted with effect from the 1st day of July, 2017,
namely:-
“(3) Where the input tax credit has been
wrongly availed and utilised, the registered person shall
pay interest on such input tax credit wrongly availed
and utilised, at such rate not exceeding twenty-four
percent, as may be notified by the Government, on the
recommendations of the Council, and the interest shall
be calculated, in such manner as may be prescribed.”.
Amendment of
section 48.
Amendment of
section 49.
Amendment of
section 50.
Central
A c t
N o .
13 of
2017
989
PART–II]
LA GAZETTE DE L'ETAT
14. In the principal Act, in section 52, in
sub-section (6), in the proviso, for the words “due date
for furnishing of statement for the month of September”,
the words “thirtieth day of November” shall be
substituted.
15. In the principal Act in section 54,—
(a) in sub-section (1), in the proviso, for the
words and figures “the return furnished under section 39
in such”, the words “such form and” shall be
substituted;
(b) in sub-section (2), for the words “six
months”, the words “two years” shall be substituted;
(c) in sub-section (10), the words, brackets and
figure “under sub-section (3)” shall be omitted;
(d) in the Explanation, in clause (2), after
sub-clause (b), the following sub-clause shall be
inserted, namely:—
“(ba) in case of zero-rated supply of goods
or services or both to a Special Economic Zone
developer or a Special Economic Zone unit
where a refund of tax paid is available in respect
of such supplies themselves, or as the case
may be, the inputs or input services used in
such supplies, the due date for furnishing of
return under section 39 in respect of such
supplies;”.
16. (1) The notification of the Commercial Taxes
Secretariat, Government of Puducherry in G.O. Ms.
No. 13, dated the 23rd January, 2018, published in the
Gazette of Puducherry, Extraordinary Part I, No. 12, dated
the 23rd January, 2018 issued on the recommendations
of the Council, under section 146 of the Puducherry
Goods and Services Tax Act, 2017, read with section 20
of the Integrated Goods and Services Tax Act, 2017,
shall stand amended and shall be deemed to have been
amended retrospectively, in the manner specified in
column (2) of the First Schedule appended to this Act,
on and from the date specified in column (3) of that
Schedule.
Amendment of
section 52.
Amendment of
section 54.
Amendment of
n o t i f i c a t i o n
i s s u e d
u n d e r
section 146 of
the Puducherry
G o o d s
a n d
S e r v i c e s
Ta x
Act, 2017 read
with section 20
of the Integrated
G o o d s
a n d
S e r v i c e s
Ta x
A c t ,
2 0 1 7 ,
retrospectively.
A c t
No.
6 of
2017.
Central
A c t
N o .
13 of
2017.
990
LA GAZETTE DE L'ETAT
[PART–II
(2) For the purposes of sub-section (1), the
Government of Puducherry shall have and shall be
deemed to have the power to amend the notification
referred to in the said sub-section with retrospective
effect as if, the Government of Puducherry had the
power to amend the said notification under section 146
of the Puducherry Goods and Services Tax Act, 2017,
read with section 20 of the Integrated Goods and
Services Tax Act, 2017, retrospectively, at all material
times.
17. (1) The notification of the Commercial Taxes
Secretariat, Government of Puduchcrry in G.O. Ms.
No. 12/A1/CT/2017, dated the 29th June 2017, published
in the Gazette of Puducherry, Extraordinary Part I,
No. 94, dated the 29th June, 2017, issued on the
recommendations of the Council, under sub-sections (1)
and (3) of section 50, sub-section (12) of section 54 and
section 56 of the Puducherry Goods and Services Tax
Act, 2017, shall stand amended and shall be deemed to
have been amended retrospectively, in the manner
specified in column (2) of the Second Schedule
appended to this Act, on and from the date specified in
column (3) of that Schedule.
(2) For the purposes of sub-section (1), the
Government of Puducherry shall have and shall be
deemed to have the power to amend the notification
referred to in the said sub-section with retrospective
effect as if, the Government of Puducherry had the
power to amend the said notification under
sub-sections (1) and (3) of section 50, sub-section (12)
of section 54 and section 56 of the Puduchcrry Goods
and Services Tax Act, 2017, retrospectively, at all
material times.
Amendment of
n o t i f i c a t i o n
i s s u e d
u n d e r
sub-sections (1)
a n d
( 3 )
o f
s e c t i o n
5 0 ,
sub-section (12)
of section 54
and section 56
o f
t h e
P u d u c h e r r y
G o o d s
a n d
S e r v i c e s
Ta x
A c t ,
2 0 1 7 ,
retrospectively.
A c t
No. 6 of
2017.
Central
A c t
No. 13
of 2017.
A c t
No. 6
o f
2017.
A c t
N o . 6
o f
2017.
991
PART–II]
LA GAZETTE DE L'ETAT
18. (1) Notwithstanding anything contained in the
notification of the Commercial Taxes Secretariat,
Government of Puducherry in 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, issued on the
recommendations of the Council, in exercise of the
powers conferred under sub-section (1) of section 9 of
the Puducherry Goods and Services Tax Act, 2017, no
State tax shall be levied or collected in respect of
supply of unintended waste generated during the
production of fish meal (falling under heading 2301),
except for fish oil, during the period commencing from
the 1st day of July, 2017 and ending with the 30th day
of September, 2019 (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.
19. (1) Subject to the provisions of sub-section (2),
the notification of the Commercial Taxes Secretariat,
Government of Puducherry in G.O. Ms. No.25/2019-
Puducherry GST (Rate), dated the 1st October, 2019
published in the Gazette of Puducherry, Extraordinary
Part I, No. 168, dated the 1st October, 2019, issued
on the recommendations of the Council, in exercise
of the powers under sub-section (2) of section 7 of
the Puducherry Goods and Services Tax Act, 2017, shall
be deemed to have, and always to have, for all
purposes, come into force on and from the 1st day of
July, 2017.
(2) No refund shall be made of all such State
tax which has been collected, but, which would not
have been so collected, had the notification referred to
in 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, or levy
or collection of
S t a t e
t a x
i n
certain cases.
R e t r o s p e c t i v e
e f f e c t
t o
n o t i f i c a t i o n
i s s u e d
u n d e r
sub-section (2)
of section 7 of
the Puduchcrry
G o o d s
a n d
S e r v i c e s
Ta x
Act, 2017.
A c t
No.
6
o f
2017.
A c t
No.
6 o f
2017.
992
LA GAZETTE DE L'ETAT
[PART–II
THE FIRST SCHEDULE
[See section 16(1)]
Notification number
Amendment
Date of effect
and date
of Amendment
(1)
(2)
(3)
Notification of the
In the said notification, in
22nd June, 2017.
C o m m e r c i a l Ta x e s
paragraph 1, for the words
Secretariat, Government
“furnishing of returns and
of Puducherry issued
computation and settlement of
vide G.O. Ms. No. 13,
integrated tax”, the following
dated the 23rd January,
shall be substituted, namely:—
2018 published in the
Gazette of Puducherry,
“furnishing of returns and
Extraordinary Part I,
computation and settlement of
No. 12, dated the 23rd
integrated tax and save as
January, 2018.
otherwise provided in the
notification of the Commercial
Taxes Secretariat, Government
of Puducherry issued vide
G.O. Ms. No. 65 dated the 31st
December, 2019 published in
the Gazette of Puducherry,
Extraordinary Part I, No. 234,
dated the 31st December, 2019,
all functions provided under
the Puducherry Goods and
Services Tax Rules, 2017.”.
993
PART–II]
LA GAZETTE DE L'ETAT
THE SECOND SCHEDULE
[See section 17(1)]
Notification number
Amendment
Date of effect
and date
of Amendment
(1)
(2)
(3)
Notification of the
In the said notification, in the
1st July, 2017.
Commercial Taxes
Table, against serial number 2,
Secretariat, Government
in column (3), for the figures “24”,
of Puducherry issued
t h e f i g u r e s “ 1 8 ” s h a l l b e
vide G.O. Ms. No. 12/
substituted.
A1/CT/2017, dated the
29th June 2017 published
i n t h e G a z e t t e o f
Puducherry, Extraordinary
Part I, No. 94, dated the
29th June, 2017.
————
online publication at “https://styandptg.py.gov.in”
Published by The Director, Government Press, Puducherry.