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18 {

No. 17 Poudouchéry

Mardi

18

Mars

2025

No.

Puducherry

Tuesday

18th

March

2025

(27 Phalguna 1946)

GOVERNMENT OF PUDUCHERRY

LAW DEPARTMENT

No. 27/Leg./2025-LD.

Puducherry, dated 18th March 2025.

The following Act of the Legislative Assembly, Puducherry, received

the assent of the Lieutenant-Governor, Puducherry, on the 12th day of March,

2025 and is hereby published for general information

JHANAZ RAFFI @ JHANSI,

Under Secretary to Government (Law).

462

LA GAZETTE DE L'ETAT

[PART–II

THE PUDUCHERRY GOODS AND SERVICES TAX

(AMENDMENT) ACT, 2025

(Act No. 3 of 2025)

(12-03-2025)

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-Sixth Year of the Republic

of India as follows :—

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

Goods and Services Tax (Amendment) Act, 2025.

(2) Save as otherwise provided in this Act,

the provisions 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 9, in sub-section (1), after the words

"alcoholic liquor for human consumption", the words

"and un-denatured extra neutral alcohol or rectified

spirit used for manufacture of alcoholic liquor, for

human consumption" shall be inserted.

3. In section 10 of the Principal Act, in sub-section (5),

after the words and figures "section 73 or section 74",

the words, figures and letter "or section 74A" shall

be inserted.

Short title and

commencement.

Amendment of

section 9.

Amendment of

section 10.

Act

No. 6

of

2017.

463

PART–II]

LA GAZETTE DE L'ETAT

4. After section 11 of the Principal Act, the

following section shall be inserted, namely:–

"11A. Notwithstanding anything contained in

this Act, if the Government is satisfied that–

(a) practice was, or is, generally prevalent

regarding levy of State tax (including non-levy

thereof) on any supply of goods or services or

both; and

(b) such supplies were, or are, liable to,–

(i) State tax, in cases where according to

the said practice, State tax was not, or

is not being, levied, or

(ii) a higher amount of State tax than what

was, or is being, levied, in accordance

with the said practice, the Government

may, on the recommendation of the Council,

by notification in the Official Gazette,

direct that the whole of the State tax

payable on such supplies, or, as the case

may be, the State tax in excess of that

payable on such supplies, but for the

said practice, shall not be required to

be paid in respect of the supplies on

which the State tax was not, or is not

being levied, or was, or is being, short-

levied, in accordance with the said

practice.".

5. In section 13 of the Principal Act, in

sub-section (3),–

(i) in clause (b), for the words "by the supplier:",

the words "by the supplier, in cases where invoice is

required to be issued by the supplier; or" shall be

substituted;

Insetion of new

section 11A.

Power not to

recover Goods

and Services Tax

not levied or

short-levied as a

result of general

practice.

Amendment of

section 13.

464

LA GAZETTE DE L'ETAT

[PART–II

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

be inserted, namely:–

"(c) the date of issue of invoice by the recipient,

in cases where invoice is to be issued by the

recipient:";

(iii) in the first proviso, after the words,

brackets and letter "or clause (b)", the words, brackets

and letter "or clause (c)" shall be inserted.

6. In section 16 of the Principal Act, with effect

from the 1st day of July, 2017, after sub-section (4),

the following sub-sections shall be inserted, namely:–

"(5) Notwithstanding anything contained in

sub-section (4), in respect of an invoice or debit

note for supply of goods or services or both pertaining

to the Financial Years 2017-18, 2018-19, 2019-20 and

2020-21, the registered person shall be entitled to

take input tax credit in any return under section 39

which is filed up to the thirtieth day of November, 2021.

(6) Where registration of a registered person

is cancelled under section 29 and subsequently the

cancellation of registration is revoked by any order,

either under section 30 or pursuant to any order

made by the Appellate Authority or the Appellate

Tribunal or Court and where availment of input tax

credit in respect of an invoice or debit note was not

restricted under sub-section (4) on the date of order

of cancellation of registration, the said person shall

be entitled to take the input tax credit in respect of

such invoice or debit note for supply of goods or

services or both, in a return under section 39,–

(i) filed up to thirtieth day of November

following the financial year to which such invoice

or debit note pertains or furnishing of the relevant

annual return, whichever is earlier; or

Amendment of

section 16.

465

PART–II]

LA GAZETTE DE L'ETAT

(ii) for the period from the date of cancellation

of registration or the effective date of cancellation

of registration, as the case may be, till the date

of order of revocation of cancellation of registration,

where such return is filed within thirty days

from the date of order of revocation of cancellation

of registration, whichever is later.".

7. In section 17 of the Principal Act, in

sub-section (5), in clause (i), for the words and figures

"sections 74, 129 and 130", the words and figures

"section 74 in respect of any period up to Financial

Year 2023-24" shall be substituted.

8. In section 21 of the Principal Act, after the

words and figures "section 73 or section 74", the

words, figures and letter "or section 74A" shall be

inserted.

9. In section 30 of the Principal Act, in

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

shall be inserted, namely:–

"Provided further that such revocation of

cancellation of registration shall be subject to such

conditions and restrictions, as may be prescribed.".

10. In section 31 of the Principal Act,–

(a) in sub-section (3), in clause (f), after the

words and figure "of section 9 shall", the words,

"within the period as may be prescribed," shall be

inserted;

(b) after clause (g), the following Explanation

shall be inserted, namely:–

'Explanation.– For the purposes of clause (f),

the expression "supplier who is not registered"

shall include the supplier who is registered

solely for the purpose of deduction of tax under

section 51.'.

Amendment of

section 17.

Amendment of

section 21.

Amendment of

section 30.

Amendment of

section 31.

466

LA GAZETTE DE L'ETAT

[PART–II

11. In section 35 of the Principal Act, in

sub-section (6), after the words and figures "section 73

or section 74", the words, figures and letter "or

section 74A" shall be inserted.

12. In section 39 of the Principal Act, for

sub-section (3), the following sub-section shall be

substituted, namely:–

"(3) Every registered person required to deduct

tax at source under section 51 shall electronically

furnish a return for every calendar month of the

deductions made during the month in such form and

manner and within such time as may be prescribed:

Provided that the said registered person shall

furnish a return for every calendar month whether or

not any deductions have been made during the said

month.".

13. In section 49 of the Principal Act, in

sub-section (8), in clause (c), after the words and

figures "section 73 or section 74", the words, figures

and letter "or section 74A" shall be inserted.

14. In section 50 of the Principal Act, in

sub-section (1), in the proviso, after the words and

figures "section 73 or section 74", the words, figures

and letter "or section 74A" shall be inserted.

15. In section 51 of the Principal Act, in

sub-section (7), after the words and figures "section 73

or section 74", the words, figures and letter "or

section 74A" shall be inserted.

16. In section 54 of the Principal Act,–

(a) in sub-section (3), the second proviso

shall be omitted;

Amendment of

section 35.

Amendment of

section 39.

Amendment of

section 49.

Amendment of

section 50.

Amendment of

section 51.

Amendment of

section 54.

467

PART–II]

LA GAZETTE DE L'ETAT

(b) after sub-section (14) and before the

Explanation, the following sub-section shall be inserted,

namely:–

"(15) Notwithstanding anything contained in

this section, no refund of unutilised input tax

credit on account of zero rated supply of goods

or of integrated tax paid on account of zero

rated supply of goods shall be allowed where

such zero rated supply of goods is subjected

to export duty.".

17. In section 61 of the Principal Act, in

sub-section (3), after the words and figures "section 73

or section 74", the words, figures and letter "or

section 74A" shall be inserted.

18. In section 62 of the Principal Act, in

sub-section (1), after the words and figures "section 73

or section 74", the words, figures and letter "or

section 74A" shall be inserted.

19. In section 63 of the Principal Act, after the

words and figures "section 73 or section 74", the

words, figures and letter "or section 74A" shall be

inserted.

20. In section 64 of the Principal Act, in

sub-section (2), after the words and figures "section 73

or section 74", the words, figures and letter "or

section 74A" shall be inserted.

21. In section 65 of the Principal Act, in

sub-section (7), after the words and figures "section 73

or section 74", the words, figures and letter "or

section 74A" shall be inserted.

22. In section 66 of the Principal Act, in

sub-section (6), after the words and figures "section 73

or section 74", the words, figures and letter "or

section 74A" shall be inserted.

Amendment of

section 61.

Amendment of

section 62.

Amendment of

section 63.

Amendment of

section 64.

Amendment of

section 65.

Amendment of

section 66.

468

LA GAZETTE DE L'ETAT

[PART–II

23. In section 70 of the Principal Act, after

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

inserted, namely:–

"(1A) All persons summoned under sub-section (1)

shall be bound to attend, either in person or by an

authorised representative, as such officer may direct,

and the person so appearing shall state the truth

during examination or make statements or produce

such documents and other things as may be required.".

24. In section 73 of the Principal Act,–

(i) in the marginal heading, after the words

"Determination of tax", the words and figures ", pertaining

to the period up to Financial Year 2023-24," shall be

inserted;

(ii) after sub-section (11), the following

sub-section shall be inserted, namely:–

"(12) The provisions of this section shall be

applicable for determination of tax pertaining to

the period up to Financial Year 2023-24.".

25. In section 74 of the Principal Act,–

(i) in the marginal heading, after the words

"Determination of tax", the words and figures ", pertaining

to the period up to Financial Year 2023-24," shall be

inserted;

(ii) after sub-section (11) and before

Explanation 1, the following sub-section shall be inserted,

namely:–

"(12) The provisions of this section shall be

applicable for determination of tax pertaining to

the period up to Financial Year 2023-24.";

(iii) the Explanation 2 shall be omitted.

Amendment of

section 70.

Amendment of

section 73.

Amendment of

section 74.

469

PART–II]

LA GAZETTE DE L'ETAT

26. After section 74 of the Principal Act, the

following section shall be inserted, namely:–

"74A. (1) Where it appears to the proper officer

that any tax has not been paid or short paid or

erroneously refunded, or where input tax credit has

been wrongly availed or utilised, he shall serve notice

on the person chargeable with tax which has not

been so paid or which has been so short paid or to

whom the refund has erroneously been made, or who

has wrongly availed or utilised input tax credit, requiring

him to show cause as to why he should not pay the

amount specified in the notice along with interest

payable thereon under section 50 and a penalty leviable

under the provisions of this Act or the rules made

thereunder:

Provided that no notice shall be issued,

if the tax which has not been paid or short paid or

erroneously refunded or where input tax credit has

been wrongly availed or utilised in a financial year

is less than one thousand rupees.

(2) The proper officer shall issue the notice

under sub-section (1) within forty-two months from

the due date for furnishing of annual return for the

financial year to which the tax not paid or short paid

or input tax credit wrongly availed or utilised relates

to or within forty-two months from the date of erroneous

refund.

(3) Where a notice has been issued for any

period under sub-section (1), the proper officer may

serve a statement, containing the details of tax not

paid or short paid or erroneously refunded or input

tax credit wrongly availed or utilised for such periods

other than those covered under sub-section (1), on

the person chargeable with tax.

Insertion of new

section 74A.

Determination of

tax not paid or

short p aid or

e r r o n e o u s l y

refunded or input

tax

credit

wrongly availed

or utilised for

any

rea son

pert aining

to

Financial Year

2024-25 onward.

470

LA GAZETTE DE L'ETAT

[PART–II

(4) The service of such statement shall be

deemed to be service of notice on such person under

sub-section (1), subject to the condition that the

grounds relied upon for such tax periods other than

those covered under sub-section (1) are the same as

are mentioned in the earlier notice.

(5) The penalty in case where any tax which

has not been paid or short paid or erroneously refunded,

or where input tax credit has been wrongly availed

or utilised,–

(i) for any reason, other than the reason of

fraud or any wilful mis-statement or suppression

of facts to evade tax, shall be equivalent to ten

per cent. of tax due from such person or ten

thousand rupees, whichever is higher;

(ii) for the reason of fraud or any wilful

mis-statement or suppression of facts to evade

tax shall be equivalent to the tax due from such

person.

(6) The proper officer shall, after considering

the representation, if any, made by the person chargeable

with tax, determine the amount of tax, interest and

penalty due from such person and issue an order.

(7) The proper officer shall issue the order

under sub-section (6) within twelve months from the

date of issuance of notice specified in sub-section (2):

Provided that where the proper officer is not

able to issue the order within the specified period,

the Commissioner, or an officer authorised by the

Commissioner senior in rank to the proper officer

but not below the rank of Joint Commissioner of

State Tax, may, having regard to the reasons for

delay in issuance of the order under sub-section (6),

to be recorded in writing, before the expiry of the

specified period, extend the said period further by

a maximum of six months.

471

PART–II]

LA GAZETTE DE L'ETAT

(8) The person chargeable with tax where

any tax has not been paid or short paid or erroneously

refunded, or where input tax credit has been wrongly

availed or utilised for any reason, other than the

reason of fraud or any wilful mis-statement or suppression

of facts to evade tax, may,–

(i) before service of notice under sub-section (1),

pay the amount of tax along with interest payable

under section 50 of such tax on the basis of

his own ascertainment of such tax or the tax as

ascertained by the proper officer and inform

the proper officer in writing of such payment,

and the proper officer, on receipt of such

information shall not serve any notice under

sub-section (1) or the statement under

sub-section (3), as the case may be, in respect

of the tax so paid or any penalty payable under

the provisions of this Act or the rules made

thereunder;

(ii) pay the said tax along with interest payable

under section 50 within sixty days of issue of

show cause notice, and on doing so, no penalty

shall be payable and all proceedings in respect

of the said notice shall be deemed to be concluded.

(9) The person chargeable with tax, where

any tax has not been paid or short paid or erroneously

refunded or where input tax credit has been wrongly

availed or utilised by reason of fraud, or any wilful

mis-statement or suppression of facts to evade tax,

may,–

(i) before service of notice under sub-section (1),

pay the amount of tax along with interest payable

under section 50 and a penalty equivalent to

fifteen per cent. of such tax on the basis of his

own ascertainment of such tax or the tax as

ascertained by the proper officer and inform

472

LA GAZETTE DE L'ETAT

[PART–II

the proper officer in writing of such payment,

and the proper officer, on receipt of such

information, shall not serve any notice under

sub-section (1), in respect of the tax so paid or

any penalty payable under the provisions of

this Act or the rules made thereunder;

(ii) pay the said tax along with interest payable

under section 50 and a penalty equivalent to

twenty-five per cent. of such tax within sixty

days of issue of the notice, and on doing so,

all proceedings in respect of the said notice

shall be deemed to be concluded;

(iii) pay the tax along with interest payable

thereon under section 50 and a penalty equivalent

to fifty per cent. of such tax within sixty days

of communication of the order, and on doing

so, all proceedings in respect of the said notice

shall be deemed to be concluded.

(10) Where the proper officer is of the opinion

that the amount paid under clause (i) of sub-section

(8) or clause (i) of sub-section (9) falls short of the

amount actually payable, he shall proceed to issue

the notice as provided for in sub-section (1) in respect

of such amount which falls short of the amount actually

payable.

(11) Notwithstanding anything contained in

clause (i) or clause (ii) of sub-section (8), penalty

under clause (i) of sub-section (5) shall be payable

where any amount of self-assessed tax or any amount

collected as tax has not been paid within a period of

thirty days from the due date of payment of such

tax.

(12) The provisions of this section shall be

applicable for determination of tax pertaining to the

Financial Year 2024-25 onwards.

473

PART–II]

LA GAZETTE DE L'ETAT

Explanation 1.– For the purposes of this

section,–

(i) the expression "all proceedings in respect

of the said notice" shall not include proceedings

under section 132;

(ii) where the notice under the same proceedings

is issued to the main person liable to pay tax

and some other persons, and such proceedings

against the main person have been concluded

under this section, the proceedings against all

the persons liable to pay penalty under sections

122 and 125 are deemed to be concluded.

Explanation 2.– For the purposes of this Act,

the expression "suppression" shall mean non-declaration

of facts or information which a taxable person is

required to declare in the return, statement, report or

any other document furnished under this Act or the

rules made thereunder, or failure to furnish any information

on being asked for, in writing, by the proper officer.

27. In section 75 of the Principal Act,–

(a) in sub-section (1), after the word and

figures "section 74", the words, brackets, figures

and letter "or sub-sections (2) and (7) of section 74A"

shall be inserted;

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

sub-section shall be inserted, namely:–

"(2A) Where any Appellate Authority or

Appellate Tribunal or Court concludes that the

penalty under clause (ii) of sub-section (5) of

section 74A is not sustainable for the reason

that the charges of fraud or any wilful mis-statement

or suppression of facts to evade tax has not

been established against the person to whom

the notice was issued, the penalty shall be payable

by such person, under clause (i) of sub-section (5)

of section 74A.";

Amendment of

section 75.

474

LA GAZETTE DE L'ETAT

[PART–II

(c) for sub-section (10), the following

sub-section shall be substituted, namely:–

"(10) The adjudication proceedings shall be

deemed to be concluded, if, the order is not

is sued wit hin the p e riod spe cified in

sub-section (10) of section 73 or in sub-section (10)

of section 74 or in sub-section (7) of section 74A.";

(d) in sub-section (11), after the word and

figures "section 74", the words, brackets, figures

and letter "or sub-section (7) of section 74A" shall

be inserted;

(e) in sub-section (12), after the words and

figures "section 73 or section 74", the words, figures

and letter "or section 74A" shall be inserted;

(f) in sub-section (13), after the words and

figures "section 73 or section 74", the words, figures

and letter "or section 74A" shall be inserted.

28. In section 104 of the Principal Act, in

sub-section (1), in the Explanation, after the word

and figures "section 74", the words, brackets, figures

and letter "or sub-sections (2) and (7) of section 74A"

shall be inserted.

29. In section 107 of the Principal Act,–

(a) in sub-section (6), in clause (b), for the

word "twenty-five", the word "twenty" shall be

substituted;

(b) in sub-section (11), in the second proviso,

after the words and figures "section 73 or section 74",

the words, figures and letter "or section 74A" shall

be inserted.

30. In section 109 of the Principal Act,–

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

Authority", the words ", or for conducting an examination

or adjudicating the cases referred to in sub-section (2)

of section 171, if so notified under the said section"

shall be inserted;

Amendment of

section 104.

Amendment of

section 107.

Amendment of

section 109.

475

PART–II]

LA GAZETTE DE L'ETAT

(b) in sub-section (5), after the proviso, the

following provisos shall be inserted, namely:–

"Provided further that the matters referred to

in sub-section (2) of section 171 shall be examined

or adjudicated only by the Principal Bench:

Provided also that the Government may, on

the recommendations of the Council, notify other

cases or class of cases which shall be heard only by

the Principal Bench.";

(c) in sub-section (6), for the words "The

President", the words, brackets and figure "Subject

to the provisions of sub-section (5), the President"

shall be substituted.

31. In section 112 of the Principal Act,–

(a) with effect from the 1st day of August, 2024,

in sub-section (1), after the words "from the date on

which the order sought to be appealed against is

communicated to the person preferring the appeal",

the words "; or the date, as may be notified by the

Government, on the recommendations of the Council,

for filing appeal before the Appellate Tribunal under

this Act, whichever is later." shall be inserted;

(b) with effect from the 1st day of August, 2024,

in sub-section (3), after the words "from the date on

which the said order has been passed", the words ";

or the date, as may be notified by the Government,

on the recommendations of the Council, for the purpose

of filing application before the Appellate Tribunal

under this Act, whichever is later," shall be inserted;

(c) in sub-section (6), after the words, brackets

and figure "after the expiry of the period referred to

in sub-section (1)", the words, brackets and figure

"or permit the filing of an application within three

months after the expiry of the period referred to in

sub-section (3)" shall be inserted;

Amendment of

section 112.

476

LA GAZETTE DE L'ETAT

[PART–II

(d) in sub-section (8), in clause (b),–

(i) for the words "twenty per cent.", the words

"ten per cent." shall be substituted;

(ii) for the words "fifty crore rupees", the

words "twenty crore rupees" shall be substituted.

32. In section 122 of the Principal Act, with

effect from the 1st day of October, 2023, in

sub-section (1B), for the words "Any electronic commerce

operator who", the words and figures "Any electronic

commerce operator, who is liable to collect tax at

source under section 52," shall be substituted.

33. In section 127 of the Principal Act, after

the words and figures "section 73 or section 74",

the words, figures and letter "or section 74A" shall

be inserted.

34. After section 128 of the Principal Act, the

following section shall be inserted, namely:–

"128A. (1) Notwithstanding anything to the

contrary contained in this Act, where any amount of

tax is payable by a person chargeable with tax in

accordance with,–

(a) a notice issued under sub-section (1) of

section 73 or a statement issued under

sub-section (3) of section 73, and where no order

under sub-section (9) of section 73 has been

issued; or

(b) an order passed under sub-section (9) of

section 73, and where no order under

sub-section (11) of section 107 or sub-section (1)

of section 108 has been passed; or

(c) an order passed under sub-section (11)

of section 107 or sub-section (1) of section 108,

and where no order under sub-section (1) of

section 113 has been passed,

Amendment of

section 122.

Amendment of

section 127.

Insertion of new

section 128A.

Waiver of interest

or pen alty or

both relating to

demands raised

under section 73,

for certain tax

periods.

477

PART–II]

LA GAZETTE DE L'ETAT

pertaining to the period from 1st July, 2017 to 31st

March, 2020, or a part thereof, and the said person

pays the full amount of tax payable as per the notice

or statement or the order referred to in clause (a),

clause (b) or clause (c), as the case may be, on or

before the date, as may be notified by the Government

on the recommendations of the Council, no interest

under section 50 and penalty under this Act, shall

be payable and all the proceedings in respect of the

said notice or order or statement, as the case may

be, shall be deemed to be concluded, subject to

such conditions as may be prescribed:

Provided that where a notice has been issued

under sub-section (1) of section 74 and an order is

passed or required to be passed by the proper officer

in pursuance of the direction of the Appellate Authority

or Appellate Tribunal or a Court in accordance with

the provisions of sub-section (2) of section 75, the

said notice or order shall be considered to be a

notice or order, as the case may be, referred to in

clause (a) or clause (b) of this sub-section:

Provided further that the conclusion of the

proceedings under this sub-section, in cases where

an application is filed under sub-section (3) of section 107

or under sub-section (3) of section 112 or an appeal

is filed by an officer of State tax under sub-section (1)

of section 117 or under sub-section (1) of section 118

or where any proceedings are initiated under

sub-section (1) of section 108, against an order referred

to in clause (b) or clause (c) or against the directions

of the Appellate Authority or the Appellate Tribunal

or the Court referred to in the first proviso, shall be

subject to the condition that the said person pays

the additional amount of tax payable, if any, in accordance

with the order of the Appellate Authority or the

Appellate Tribunal or the Court or the Revisional

Authority, as the case may be, within three months

from the date of the said order:

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Provided also that where such interest and penalty

has already been paid, no refund of the same shall

be available.

(2) Nothing contained in sub-section (1) shall

be applicable in respect of any amount payable by

the person on account of erroneous refund.

(3) Nothing contained in sub-section (1) shall

be applicable in respect of cases where an appeal or

Writ Petition filed by the said person is pending

before Appellate Authority or Appellate Tribunal or

a Court, as the case may be, and has not been

withdrawn by the said person on or before the date

notified under sub-section (1).

(4) Notwithstanding anything contained in this

Act, where any amount specified under sub-section (1)

has been paid and the proceedings are deemed to be

concluded under the said sub-section, no appeal under

sub-section (1) of section 107 or sub-section (1) of

section 112 shall lie against an order referred to in

clause (b) or clause (c) of sub-section (1), as the

case may be.".

35. In section 140 of the Principal Act, with

effect from the 1st day of July, 2017, in sub-section (7),

for the words "even if the invoices relating to such

services are received on or after the appointed day",

the words "whether the invoices relating to such

services are received prior to, on or after, the appointed

day" shall be substituted.

36. In section 171 of the Principal Act,–

(a) in sub-section (2), the following proviso

and Explanation shall be inserted, namely:–

'Provided that the Government may by

notification, on the recommendations of the Council,

specify the date from which the said Authority

shall not accept any request for examination as

Amendment of

section 140.

Amendment of

section 171.

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to whether input tax credits availed by any

registered person or the reduction in the tax

rate have actually resulted in a commensurate

reduction in the price of the goods or services

or both supplied by him.

Explanation.– For the purposes of this

sub-section, "request for examination" shall mean the

written application filed by an applicant requesting

for examination as to whether input tax credits availed

by any registered person or the reduction in the tax

rate have actually resulted in a commensurate reduction

in the price of the goods or services or both supplied

by him.';

(b) The Explanation shall be renumbered as

Explanation 1 thereof, and after Explanation 1 as so

renumbered, the Explanation shall be inserted, namely:–

'Explanation 2.– For the purposes of this section,

the expression "Authority" shall include the "Appellate

Tribunal".'.

37. In Schedule III to the Principal Act, after

paragraph 8 and before Explanation 1, the following

paragraphs shall be inserted, namely:–

"9. Activity of apportionment of co-insurance

premium by the lead insurer to the co-insurer for the

insurance services jointly supplied by the lead insurer

and the co-insurer to the insured in co-insurance

agreements, subject to the condition that the lead

insurer pays the Central tax, the State tax, the Union

Territory tax and the integrated tax on the entire

amount of premium paid by the insured.

10. Services by insurer to the reinsurer for

which ceding commission or the reinsurance commission

is deducted from reinsurance premium paid by the

insurer to the reinsurer, subject to the condition that

the Central tax, the State tax, the Union Territory tax

Amendment of

Schedule III.

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[PART–II

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

Published by the Director, Government Press, Puducherry.

and the integrated tax is paid by the reinsurer on the

gross reinsurance premium payable by the insurer to

the reinsurer, inclusive of the said ceding commission

or the reinsurance commission.".

38. No refund shall be made of all the tax paid

or the input tax credit reversed, which would not

have been so paid, or not reversed, had section 6

been in force at all material times.

No refund of tax

paid or input tax

credit reversed.

————