[ 1527 ]

GOVERNMENT OF PUDUCHERRY

LEGISLATIVE ASSEMBLY SECRETARIAT

No. XV-PLA-4/LAS/REF/R.1/2023.

Puducherry, the 20th September 2023.

Under rule 140 of Rules of Procedure and Conduct of Business of the

Puducherry Legislative Assembly, 1966, the following Bills viz.

(i) The Puducherry Members of the Legislative Assembly (Prevention

of Disqualification) Amendment Bill, 2023 – (Bill No. 3/2023).

(ii) The Puducherry Goods and Services Tax (Amendment) Bill, 2023

(Bill No. 4/2023).

which were introduced and passed in the Legislative Assembly on 20th September,

2023, is published for general information.

J. DAYALANE,

Secretary.

Registered with the Registrar

of Newspapers for India under

No. 10410

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No. 72 Poudouchéry

Mercredi

20

Septembre

2023

No.

Puducherry

Wednesday

20th

September

2023

(29 Bhadra 1945)

Registered No.

PY/44/2021-23

1528

LA GAZETTE DE L'ETAT

[PART–II

THE PUDUCHERRY MEMBERS OF THE

LEGISLATIVE ASSEMBLY (PREVENTION OF

DISQUALIFICATION) AMENDMENT BILL, 2023

(Bill No. 3 of 2 023)

A

BILL

further to amend the Puducherry Members of the

Legislative

Assembly

(Prevention

of

Disqualificaton) Act, 1994.

BE it enacted by the Legislative Assembly of

Puducherry in the Seventy-fourth Year of the Republic

of India as follows :—

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

Members of the Legislative Assembly (Prevention of

Disqualification) Amendment Act, 2023.

(2) It shall come into force at once.

2. In the Puducherry Members of the Legislative

Assembly (Prevention of Disqualification) Act, 1994, in

the Schedule under section 3, in Column A, under the

caption, "Statutory Bodies", after the existing Serial

No. 10, the following Serial No. 11 shall be inserted,

namely:–

“11. The Union Territory of Puducherry Animal

Welfare Board”

Short title and

commencement.

Amendment of

the Schedule.

Act

No. 13

o f

1994.

1529

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STATEMENT OF OBJECTS AND REASONS

The Puducherry Members of Legislative Assembly (Prevention of

Disqualification) Act, 1994 was enacted for the purpose of declaring

that certain offices of profit under the Government of Puducherry, shall

not disqualify the holders thereof for being chosen as, or for being

Members of the Legislative Assembly of Puducherry. By virtue of

section 3 of the Act, it has been declared that none of the offices

specified in the Schedule shall disqualify the holders thereof for being

chosen as, or for being a Member of the Legislative Assembly of

Puducherry. Thereafter, as and when the necessity has arisen, necessary

amendments have been made to the Act for bringing a certain office

within the purview of the Schedule thereto. In 2009, it was decided to

bring all the Government Societies, Corporations and Statutory Bodies

within the purview of the Schedule under section 3 of the Act, so as to

protect any person holding any office under the said Societies, Corporations

and Statutory Bodies from being disqualified for being chosen as, or

being a Member of the Legislative Assembly of Puducherry. However,

the 'Union Territory of Puducherry Animal Welfare Board' was not

included in the list of Statutory Bodies.

Now, it is proposed to include the "Union Territory of Puducherry

Animal Welfare Board" under the caption "A. Statutory Bodies" in the

Schedule under section 3 of the Act, so as to protect the persons

holding office in the Board from being disqualified for being chosen as

or for being a Member of the Legislative Assembly, Puducherry.

The Bill seeks to achieve the above objects.

K. LAKSHMINARAYANAN,

Law Minister.

————

FINANCIAL MEMORANDUM

The proposed Puducherry Members of the Legislative Assembly

(Prevention of Disqualification) Amendment Bill, 2023 does not involve

any recurring or non-recurring expenditure from the Consolidated Fund

of the Union territory of Puducherry.

————

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LA GAZETTE DE L'ETAT

[PART–II

THE PUDUCHERRY GOODS AND SERVICES TAX

(AMENDMENT) BILL, 2023

(Bill No. 4 of 2023)

A

BILL

further to amend the Puducherry Goods and Services

Tax Act, 2017

BE it enacted by the Puducherry Legislative

Assembly in the Seventy-fourth Year of the Republic

of India as follows :—

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

Goods and Services Tax (Amendment) Act, 2023.

(2) Save as otherwise provided in this Act,

(a) the provisions of sections 16 to 21 of this

Act shall be deemed to have come into force on

the 1st day of August, 2023.

(b) the provisions of sections 2 to15 and 22 to

27 of this Act shall come into force on such date,

with prospective or retrospective effect, 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 Act and any

reference in any such provision to the

commencement of this Act, shall be construed as

a reference to the coming into force of that

provision.

2. In the Puducherry Goods and Services Tax

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

in section 2,–

(a) after clause (80), the following clauses shall

be inserted, namely:–

‘(80A) “online gaming” means offering of a

game on the internet or an electronic network

and includes online money gaming;

Short title and

commencement.

Amendment of

section 2.

Act

No. 6

o f

2017.

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PART–II]

LA GAZETTE DE L'ETAT

(80B) “online money gaming” means online

gaming in which players pay or deposit money

or money’s worth, including virtual digital

assets, in the expectation of winning money or

money's worth, including virtual digital assets,

in any event including game, scheme,

competition or any other activity or process,

whether or not its outcome or performance is

based on skill, chance or both and whether the

same is permissible or otherwise under any

other law for the time being in force;’;

(b) after clause (102), the following clause shall

be inserted, namely:–

‘(102A) “specified actionable claim” means the

actionable claim involved in or by way of–

(i) betting;

(ii) casinos;

(iii) gambling;

(iv) horse racing;

(v) lottery; or

(vi) online money gaming;’;

(c) in clause (105), the following proviso shall

be inserted at the end, namely:-

“Provided that a person who organises or

arranges, directly or indirectly, supply of specified

actionable claims, including a person who owns,

operates or manages digital or electronic platform

for such supply, shall be deemed to be a supplier

of such actionable claims, whether such actionable

claims are supplied by him or through him and

whether consideration in money or money’s worth,

including virtual digital assets, for supply of such

actionable claims is paid or conveyed to him or

through him or placed at his disposal in any

manner, and all the provisions of this Act shall

1532

LA GAZETTE DE L'ETAT

[PART–II

apply to such supplier of specified actionable

claims, as if, he is the supplier liable to pay the

tax in relation to the supply of such actionable

claims;”;

(d) after clause (117), the following clause shall

be inserted, namely:–

‘(117A) “virtual digital asset” shall have the

same meaning as assigned to it in clause (47A) of

section 2 of the Income-tax Act, 1961;’.

3. In the principal Act, in section 10,—

(a) in sub-section (2), in clause (d), the words

“goods or” shall be omitted;

(b) in sub-section (2A), in clause (c), the words

“goods or” shall be omitted.

4. In the principal Act, in section 16, in

sub-section (2),—

(i) in the second proviso, for the words "added

to his output tax liability, along with interest thereon",

the words and figures “paid by him along with interest

payable under section 50” shall be substituted;

(ii) in the third proviso, after the words “made

by him”, the words “to the supplier” shall be inserted.

5. In the principal Act, in section 17,—

(a) in sub-section (3), in the Explanation, for

the words and figure “except those specified in

paragraph 5 of the said Schedule”, the following shall

be substituted, namely:–

“except,–

(i) the value of activities or transactions

specified in paragraph 5 of the said Schedule; and

(ii) the value of such activities or transactions

as may be prescribed in respect of clause (a) of

paragraph 8 of the said Schedule.”;

Central

Act

No. 43

o f

1961.

Amendment of

section 10.

Amendment of

section 16.

Amendment of

section 17.

1533

PART–II]

LA GAZETTE DE L'ETAT

(b) in sub-section (5), after clause (f), the

following clause shall be inserted, namely:–

“(fa) goods or services or both received by a

taxable person, which are used or intended to be

used for activities relating to his obligations under

corporate social responsibility referred to in

section 135 of the Companies Act, 2013;”.

6. In the principal Act, in section 23, for

sub-section (2), 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:–

“(2) Notwithstanding anything to the contrary

contained in sub-section (1) of section 22 or section 24,

the Government may, on the recommendations of the

Council, by notification, subject to such conditions and

restrictions as may be specified therein, specify the

category of persons who may be exempted from

obtaining registration under this Act.”.

7. In the principal Act, in section 24,–

(a) in clause (xi), the word "and" occurring at

the end, shall be omitted;

(b) after clause (xi), the following clause shall

be inserted, namely:–

“(xia) every person supplying online money

gaming from a place outside India to a person in

India; and”.

8. In the principal Act, in section 30, in sub-

section (1),–

(a) for the words “the prescribed manner within

thirty days from the date of service of the cancellation

order:”, the words “such manner, within such time and

subject to such conditions and restrictions, as may be

prescribed.” shall be substituted;

(b) the proviso shall be omitted.

Central

Act

No. 18

o f

2013.

Amendment of

section 23.

Amendment of

section 24.

Amendment of

section 30.

1534

LA GAZETTE DE L'ETAT

[PART–II

9. In the principal Act, in section 37, after

sub-section (4), the following sub-section shall be

inserted, namely:–

“(5) A registered person shall not be allowed

to furnish the details of outward supplies under

sub-section (1) for a tax period after the expiry of a

period of three years from the due date of furnishing

the said details:

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 for a tax period under sub-section (1), even

after the expiry of the said period of three years from

the due date of furnishing the said details.”.

10. In the principal Act, in section 39, after

sub-section (10), the following sub-section shall be

inserted, namely:–

“(11) A registered person shall not be allowed to

furnish a return for a tax period after the expiry of a

period of three years from the due date of furnishing

the said return:

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 return for a tax

period, even after the expiry of the said period of three

years from the due date of furnishing the said return.".

11. In the principal Act, the existing section 44

shall be renumbered as sub-section (1) thereof, and after

sub-section (1) as so renumbered, the following sub-

section shall be inserted, namely:–

Amendment of

section 37.

Amendment of

section 39.

Amendment of

section 44.

1535

PART–II]

LA GAZETTE DE L'ETAT

“(2) A registered person shall not be allowed

to furnish an annual return under sub-section (1) for a

financial year after the expiry of a period of three years

from the due date of furnishing the said annual return:

Provided that the Government may, on the

recommendations of the Council, by notification, and

subject to such conditions and restrictions as may be

specified therein, allow a registered person or a class

of registered persons to furnish an annual return for a

financial year under sub-section (1), even after the

expiry of the said period of three years from the due

date of furnishing the said annual return.”.

12. In the principal Act, in section 52, after

sub-section (14), the following sub-section shall be

inserted, namely:–

“(15) The operator shall not be allowed to

furnish a statement under sub-section (4) after the

expiry of a period of three years from the due date of

furnishing the said statement:

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 an operator or a class of

operators to furnish a statement under sub-section (4),

even after the expiry of the said period of three years

from the due date of furnishing the said statement.”.

13. In the principal Act, in section 54, in

sub-section (6), the words “excluding the amount of

input tax credit provisionally accepted,” shall be

omitted.

14. In the principal Act, in section 56, for the

words “from the date immediately after the expiry of

sixty days from the date of receipt of application under

the said sub-section till the date of refund of such tax”,

the words “for the period of delay beyond sixty days

Amendment of

section 52.

Amendment of

section 54.

Amendment of

section 56.

1536

LA GAZETTE DE L'ETAT

[PART–II

from the date of receipt of such application till the date

of refund of such tax, to be computed in such manner

and subject to such conditions and restrictions as may

be prescribed" shall be substituted.

15. In the principal Act, in section 62, in

sub-section (2),–

(a) for the words “thirty days”, the words

“sixty days” shall be substituted;

(b) the following proviso shall be inserted,

namely:–

“Provided that where the registered person fails

to furnish a valid return within sixty days of the

service of the assessment order under sub-section (1),

he may furnish the same within a further period

of sixty days on payment of an additional late fee

of one hundred rupees for each day of delay

beyond sixty days of the service of the said

assessment order and in case, he furnishes valid

return within such extended period, the said

assessment order shall be deemed to have been

withdrawn, but, the liability to pay interest under

sub-section (1) of section 50 or to pay late fee

under section 47 shall continue.”.

16. In the principal Act, for section 109, the

following section shall be substituted, namely:–

“Subject to the provisions of this Chapter, the

Goods and Services Tax Tribunal constituted under the

Central Goods and Services Tax Act, 2017 shall be the

Appellate Tribunal for hearing appeals against the

orders passed by the Appellate Authority or the

Revisional Authority under this Act.”.

17. In the principal Act, section 110 shall be

omitted.

18. In the principal Act, section 114 shall be

omitted.

Amendment of

section 62.

Substitution of

section 109.

Constitution

of Appellate

Tribunal and

Benches

thereof.

Central

Act

No. 12

o f

2017.

Omission of

section 110.

Omission of

section 114.

1537

PART–II]

LA GAZETTE DE L'ETAT

19. In the principal Act, in section 117,–

(a) in sub-section (1), for the words “State

Bench or Area Benches”, the words “State Benches”

shall be substituted;

(b) in sub-section (5), in clauses (a) and (b),

for the words “State Bench or Area Benches”, the words

“State Benches” shall be substituted.

20. In the principal Act, in section 118, in

sub-section (1), in clause (a), for the words “National

Bench or Regional Benches”, the words “Principal

Bench” shall be substituted.

21. In the principal Act, in section 119,–

(a) for the words “National or Regional Benches”,

the words “Principal Bench” shall be substituted;

(b) for the words “State Bench or Area Benches”,

the words “State Benches” shall be substituted.

22. In the principal Act, in section 122, after

sub-section (1A), the following sub-section shall be

inserted, namely:–

“(1B) Any electronic commerce operator who–

(i) allows a supply of goods or services or both

through it by an unregistered person other than a

person exempted from registration by a

notification issued under this Act to make such

supply;

(ii) allows an inter-State supply of goods or

services or both through it by a person who is not

eligible to make such inter-State supply; or

(iii) fails to furnish the correct details in the

statement to be furnished under sub-section (4)

of section 52 of any outward supply of goods

effected through it by a person exempted from

obtaining registration under this Act,

Amendment of

section 117.

Amendment of

section 118.

Amendment of

section 119.

Amendment of

section 122.

1538

LA GAZETTE DE L'ETAT

[PART–II

shall be liable to pay a penalty of ten thousand

rupees, or an amount equivalent to the amount of tax

involved had such supply been made by a registered

person other than a person paying tax under section

10, whichever is higher.”.

23. In the principal Act, in section 132, in

sub-section (1),–

(a) clauses (g), (j) and (k) shall be omitted;

(b) in clause (l), for the words, brackets and

letters "clauses (a) to (k)", the words, brackets and

letters "clauses (a) to (f) and clauses (h) and (i)" shall

be substituted;

(c) in clause (iii), for the words "any other

offence", the words, brackets and letter "an offence

specified in clause (b)," shall be substituted;

(d) in clause (iv), the words, brackets and

letters "or clause (g) or clause (j)" shall be omitted.

24. In the principal Act, in section 138,–

(a) in sub-section (1), in the first proviso,–

(i) for clause (a), the following clause shall be

substituted, namely:–

“(a) a person who has been allowed to

compound once in respect of any of the offences

specified in clauses (a) to (f), (h), (i) and (l) of

sub-section (1) of section 132;”;

(ii) clause (b) shall be omitted;

(iii) for clause (c), the following clause shall be

substituted, namely:–

“(c) a person who has been accused of

committing an offence under clause (b) of

sub-section (1) of section 132;”;

(iv) clause (e) shall be omitted;

Amendment of

section 132.

Amendment of

section 138.

1539

PART–II]

LA GAZETTE DE L'ETAT

(b) in sub-section (2), for the words “ten

thousand rupees or fifty percent of the tax

involved, whichever is higher, and the maximum

amount not being less than thirty thousand rupees

or one hundred and fifty percent of the tax,

whichever is higher”, the words “twenty-five

percent of the tax involved and the maximum

amount not being more than one hundred percent

of the tax involved” shall be substituted.

25. In the principal Act, after section 158, the

following section shall be inserted, namely:–

“158A. (1) Notwithstanding anything contained

in sections 133, 152 and 158, the following details

furnished by a registered person may, subject to

the provisions of sub-section (2), and on the

recommendations of the Council, be shared by the

common portal with such other systems as may

be notified by the Government, in such manner

and subject to such conditions as may be

prescribed, namely:–

(a) particulars furnished in the application for

registration under section 25 or in the return filed

under section 39 or under section 44;

(b) the particulars uploaded on the common

portal for preparation of invoice, the details of

outward supplies furnished under section 37 and

the particulars uploaded on the common portal for

generation of documents under section 68;

(c) such other details as may be prescribed.

(2) For the purposes of sharing details under

sub-section (1), the consent shall be obtained, of,–

(a) the supplier, in respect of details furnished

under clauses (a), (b) and (c) of sub-section (1);

and

Insertion of new

section 158A.

Consent based

sharing of

information

furnished by

taxable

person.

1540

LA GAZETTE DE L'ETAT

[PART–II

(b) the recipient, in respect of details furnished

under clause (b) of sub-section (1), and under

clause (c) of sub-section (1) only where such

details include identity information of the

recipient,

in such form and manner as may be prescribed.

(3) Notwithstanding anything contained in any

law for the time being in force, no action shall lie

against the Government or the common portal with

respect to any liability arising consequent to information

shared under this section and there shall be no impact

on the liability to pay tax on the relevant supply or as

per the relevant return.”.

26. (1) In Schedule III to the principal Act,

(a) in paragraph 6, for the words “lottery,

betting and gambling”, the words “specified

actionable claims” shall be substituted.

(b) paragraphs 7 and 8 and the Explanation 2

thereof (as inserted vide section 31 of Puducherry

Act No. 7 of 2018) shall be deemed to have been

inserted therein with effect from the 1st day of

July, 2017.

(2) No refund shall be made of all the tax which

has been collected, but, which would not have been so

collected, had clause (b) of sub-section (1) been in force

at all material times.

27. The amendments made under this Act in

section 2, section 24 and paragraph 6 of Schedule III of

the principal Act shall be without prejudice to

provisions of any other law for the time being in force,

providing for prohibiting, restricting or regulating

betting, casino, gambling, horse racing, lottery or online

gaming.

Amendment of

Schedule III and

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

e x e m p t i o n t o

certain activities

and transactions.

Transitory

provision.

1541

PART–II]

LA GAZETTE DE L'ETAT

STATEMENT OF OBJECTS AND REASONS

Various decisions have been taken by the Goods and Services Tax

Council requiring amendments in the Goods and Services Tax Laws.

Accordingly, the Central Goods and Services Tax Act, 2017 (12 of 2017)

and the Integrated Goods and Services Tax Act, 2017 (13 of 2017) have

been amended by the enactments of the Parliament.

2. In order to maintain the uniformity in applicability of the provisions

of the Central Goods and Services Tax Act, 2017 and the Puducherry

Goods and Services Tax Act, 2017 (6 of 2017), it is proposed to amend

the Puducherry Goods and Services Tax Act, 2017 ("the Act").

3. The proposed Puducherry Goods and Services Tax (Amendment)

Bill, 2023, inter alia, provides for the following, namely:-

(i) to amend section 2 of the Act to provide for definition of

the expressions "online gaming", "online money gaming", "specified

actionable claim" and "virtual digital asset" and insert a proviso in the

definition of "supplier" to provide clarity regarding "supplier" in case

of supply of "specified actionable claim";

(ii) to amend clause (d) of sub-section (2) and clause (c) of

sub-section (2A) of section 10 of the Act so as to remove the restriction

imposed on registered persons engaged in supplying goods through

electronic commerce operators from opting to pay tax under the composition

levy;

(iii) to amend the second and third proviso to sub-section (2)

of section 16 of the Act so as to align the said sub-section with the

return filing system provided in the Act;

(iv) to amend the Explanation to sub-section (3) of section 17

of the Act so as to restrict availment of input tax credit in respect of

certain transactions specified in clause (a) of paragraph 8 of Schedule III

of the Act, as may be prescribed by rules, by including the value of

such transactions in the value of exempt supply. It further seeks to

amend sub-section (5) so as to restrict availment of input tax credit in

respect of goods or services or both which are used or intended to be

used for activities relating to the obligations under corporate social

responsibility referred to in section 135 of the Companies Act, 2013;

1542

LA GAZETTE DE L'ETAT

[PART–II

(v) to substitute sub-section (2) of section 23 of the Act, with

retrospective effect from the 1st day of July, 2017, so as to empower

the Government to notify the persons not liable for registration which

will have an overriding effect over the provisions of sub-section (1) of

section 22 and section 24 of the Act;

(vi) to insert a new clause in section 24 of the Act, to provide

for mandatory registration of the person for supplying online money

gaming, from a place outside India to a person in India;

(vii) to amend sub-section (1) of section 30 of the Act so as to

remove the time-limit of thirty days for applying for revocation of

cancellation and to empower the Government to prescribe the time-limit

for applying for revocation of cancellation. It further seeks to omit the

proviso to sub-section (1) of the said section;

(viii) to insert a new sub-section (5) in section 37 of the Act

so as to provide a time-limit of three years up to which the details of

outward supplies under sub-section (1) for a tax period can be furnished

by a registered person. It further seeks to empower the Government, on

the recommendation of the Council, to extend by notification, the said

time-limit for a registered person or a class of registered persons,

subject to certain conditions and restrictions;

(ix) to insert a new sub-section (11) in section 39 of the Act so

as to provide a time-limit of three years up to which the return for a tax

period can be furnished by a registered person. It further seeks to

empower the Government, on the recommendation of the Council, to

extend by notification, the said time-limit for a registered person or a

class of registered persons, subject to certain conditions and restrictions;

(x) to insert a new sub-section (2) in section 44 of the Act so

as to provide a time-limit of three years up to which the annual return

under sub-section (1) for a financial year can be furnished by a registered

person. It further seeks to empower the Government, on the recommendation

of the Council, to extend by notification, the said time-limit for a

registered person or a class of registered persons, subject to certain

conditions and restrictions.

(xi) to insert a new sub-section (15) in section 52 in the Act so

as to provide a time-limit of three years up to which the statement

under sub-section (4) for a month can be furnished by an electronic

commerce operator. It further seeks to empower the Government, on the

1543

PART–II]

LA GAZETTE DE L'ETAT

recommendation of the Council, to extend by notification, the said time-

limit for an operator or a class of operators, subject to certain conditions

and restrictions;

(xii) to amend sub-section (6) of section 54 of the Act so as to

remove reference to the provisionally accepted input tax credit and

align it with the present Scheme of availment of self-assessed input tax

credit as per sub-section (1) of section 41 of the Act;

(xiii) to amend section 56 of the Act so as to provide by rules

the manner of computation of period of delay for calculation of interest

on delayed refunds;

(xiv) to amend sub-section (2) of section 62 of the Act so as

to extend the time-limit for submission of valid return from thirty days

to sixty days of the service of assessment order under sub-section (1)

of the said section. It further seeks to insert a proviso in the said

sub-section to provide for filing of the valid return within a further

period of sixty days with additional late fee of one hundred rupees for

each day of delay beyond sixty days of the service of assessment

order under sub-section (1) of the said section;

(xv) to amend section 109 of the Act so as to provide that the

Appellate Tribunal constituted under the Central Goods and Services

Tax Act, 2017 shall be the Appellate Tribunal under the said Act;

(xvi) to omit section 110 of the Act relating to adoption of

section 110 of the Central Goods and Services Tax Act, 2017 relating to

qualification, appointment and conditions of service, etc., of the President

and Members of State Bench and Area Benches of Appellate Tribunal

since 'State Bench and Area Benches' are replaced with 'State Benches'

and all aspects of appointment of Members to the State Benches are

provided in the Central Goods and Services Tax Act, 2017;

(xvii) to omit section 114 of the Act relating to financial and

administration powers of State President of the Appellate Tribunal since

'State Bench and Area Benches' are replaced with 'State Benches';

(xviii) to amend section 117 of the Act so as to provide for

appeal in the High Court against the order passed by the State Benches

of the Appellate Tribunal;

(xix) to amend section 118 of the Act so as to provide for

appeal in the Supreme Court against the order passed by the Principal

Bench of the Appellate Tribunal;

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(xx) to amend section 119 of the Act so as to align it with the

Principal Bench and State Benches of the Appellate Tribunal replacing

the National Bench, Regional Bench, State Bench and Area Benches;

(xxi) to insert a new sub-section (1B) in section 122 of the Act

so as to provide for penal provisions applicable to electronic commerce

operators in case of contravention of the provisions of the Act;

(xxii) to amend sub-section (1) of section 132 of the Act so as

to decriminalise the offences specified in clauses (g), (j) and (k) of the

said sub-section and to increase the monetary threshold from one

hundred lakh rupees to two hundred lakh rupees for launching prosecution

for the offences under the Act, except for the offences related to

issuance of invoices without supply of goods or services or both;

(xxiii) to amend the first proviso to sub-section (1) of section 138

of the Act so as to exclude the persons involved in offences relating to

issuance of invoices without supply of goods or services or both from

the option of compounding of the offences under the Act. It further

seeks to amend sub-section (2) so as to rationalise the amount for

compounding of various offences by reducing the minimum as well as

maximum amount for compounding;

(xxiv) to insert a new section 158A in the Act so as to provide

for the manner and conditions for sharing of the information furnished

by the registered person in his application for registration or in his

return filed or in his statement of outward supplies, or the details

uploaded by him for generation of electronic invoice or E-way bill or

any other details, as may be provided by rules, on the common portal

with such other systems, as may be notified;

(xxv) to amend Schedule III of the Act to substitute "specified

actionable claim" in paragraph 6 for the present entries "lottery, betting

and gambling", so as to provide clarity regarding taxability of actionable

claims involved in or by way of casinos, horse racing and online

gaming and to give retrospective applicability to paragraphs 7 and 8

and the Explanation 2 to the said Schedule with effect from the 1st day

of July, 2017.

4. The Bill seeks to achieve the above objectives.

N. RANGASAMY,

Chief Minister.

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FINANCIAL MEMORANDUM

The proposed Puducherry Goods and Services Tax (Amendment)

Bill, 2023 does not involve any recurring or non-recurring expenditure

from the Consolidated Fund of the Union territory of Puducherry.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 4 of the Bill seeks to amend the Explanation in sub-

section (3) of section 17 of the Puducherry Goods and Services

Tax Act, 2017 ("the Act") which clarifies that the expression "value

of exempt supply" shall not include the value of activities or

transactions specified in Schedule III except certain activities or

transactions specified therein. Clause (ii) of the said Explanation

empowers the Government to specify by rules the value of such

activities or transactions in respect of clause (a) of paragraph 8

of Schedule III of the principal Act which are so excepted.

Clause 12 of the Bill seeks to amend section 56 of the Act

by substituting certain words therein which empowers the Government

to provide by rules the manner of computing the interest in respect

of refund payable for the period of delay beyond sixty days from

the date of receipt of application till the date of refund, subject

to the conditions and restrictions specified therein.

Clause 23 of the Bill seeks to insert a new section 158A in

the Act relating to consent based sharing of information furnished

by taxable person. Sub-section (1) of the said section empowers

the Government to provide by rules, the details to be shared and

the manner in which and the conditions subject to which the

details may be shared by the common portal with such other

systems notified by the Government. Sub-section (2) of the said

section empowers the Government to provide by rules, the form

and manner in which the consent of the supplier and the recipient

specified therein shall be obtained.

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

accordance with the provisions of the Bill are matters of procedure

and details and it is not practicable to provide for them in the Bill

itself.

3. The delegation of Legislative Power is, therefore, of a

normal character.

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ADMINISTRATOR'S RECOMMENDATION UNDER SUB-SECTION (1)

OF SECTION 23 OF THE GOVERNMENT OF

UNION TERRITORIES ACT, 1963.

(Copy of Letter No.2371/CT/GST/2022, dated 15-09-2023 from the

Hon’ble Chief Minister Thiru N. Rangasamy 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 (Amendment) Bill, 2023 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.

————

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

Published by The Director, Government Press, Puducherry.