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Puducherry Gazette · Government of Puducherry

THE PUDUCHERRY GOODS AND SERVICES TAX (SECOND AMENDMENT) ACT, 2025.

Published 07 November 2025

Department
LAW DEPARTMENT
Type
Extraordinary
Gazette no.
81
Part
II
Category
ACT
Identifier
in.gazette.puducherry.2025-11-07.extraordinary-ii-issue-81
Languages
English, Tamil, French
Published at
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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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▪  ➢ 2025 } | 7 { No. 81 Poudouchéry Vendredi 7 Novembre 2025

No. Puducherry Friday 7th November 2025

(16 Kartika 1947)

GOVERNMENT OF PUDUCHERRY

LAW DEPARTMENT

No. 99/Leg./2025-LD.

Puducherry, dated 7th November 2025.

The following Act of the Legislative Assembly, Puducherry, received

the assent of the Lieutenant-Governor, Puducherry, on the 6th day of

November, 2025 and is hereby published for general information.

JHANAZ RAFFI @ JHANSI,

Under Secretary to Government (Law).

[1215] 1216 LA GAZETTE DE L'ETAT [PART–II

THE PUDUCHERRY GOODS AND SERVICES TAX

(SECOND AMENDMENT) ACT, 2025

(Act No. 8 of 2025)

(07-11-2025)

AN

AC T

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 :—

Short title and commencement.

1. (1) This Act may be called the Puducherry Goods and Services Tax (Second 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.

Amend ment of section 2.

2. In section 2 of the Puducherry Goods and Services Tax Act, 2017 (hereinafter referred to as the principal Act) — Ac t No. 6 of 2 0 1 7 . (i) in clause (61), after the word and figure "section 9", the words, brackets and figures "of this Act or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act, 2017" shall be inserted with effect from the 1st day of April, 2025; Ac t N o . 1 3 o f 2 0 1 7 .

1217

PART–II] LA GAZETTE DE L'ETAT

(ii) in clause (69), —

(a) in sub-clause (c), after the words

"management of a municipal", the word "fund" shall

be inserted;

(b) after sub-clause (c), the following

Explanation shall be inserted, namely :—

'Explanation.— For the purposes of this

sub-clause—

(a) "local fund" means any fund under the

control or management of an authority of a local

self-Government established for discharging civic

functions in relation to a Panchayat area and vested

by law with the powers to levy, collect and

appropriate any tax, duty, toll, cess or fee, by

whatever name called;

(b) "municipal fund" means any fund under the

control or management of an authority of a local

self-Government established for discharging civic

functions in relation to a Metropolitan area or

Municipal area and vested by law with the powers

to levy, collect and appropriate any tax, duty, toll,

cess or fee, by whatever name called;';

(iii) after clause (116), the following clause shall

be inserted, namely:—

'(116A) "unique identification marking"

means the unique identification marking

referred to in clause (b) of sub-section (2) of

section 148A and includes a digital stamp,

digital mark or any other similar marking, which

is unique, secure and non-removable;'.

3. In section 12 of the principal Act, sub-section (4)

Amendment of section 12.

shall be omitted.

1218 LA GAZETTE DE L'ETAT [PART–II

4. In section 13 of the principal Act, sub-section (4)

Amend ment of section 13.

shall be omitted.

5. In section 17 of the principal Act, in sub-section (5),

Amend ment of section 17. in clause (d),—

(i) for the words "plant or machinery", the words "plant and machinery" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of July, 2017;

(ii) the Explanation shall be numbered as Explanation 1 thereof, and after Explanation 1 as so numbered, the following Explanation shall be inserted, namely:—

'Explanation 2.— For the purposes of clause (d), it is hereby clarified that notwithstanding anything to the contrary contained in any judgment, decree or order of any Court, Tribunal, or other authority, any reference to "plant or machinery" shall be construed and shall always be deemed to have been construed as a reference to "plant and machinery";'.

6. In section 20 of the principal Act, with effect

Amend ment of section 20. from the 1st day of April, 2025, —

(i) in sub-section (1), after the word and figure "sec tion 9 ", the word s, br ackets and fi gures "of this Act or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act, 2017" shall be inserted;

Ac t N o . 1 3 o f 2 0 1 7 .

(ii) in sub-section (2), after the word and figure "sec tion 9 ", the word s, br ackets and fi gures "of this Act or under sub-section (3) or sub-section (4)

of section 5 of the Integrated Goods and Services

Tax Act, 2017," shall be inserted.

Ac t N o . 1 3 o f 2 0 1 7 .

1219

PART–II] LA GAZETTE DE L'ETAT

7. In section 34 of the principal Act, in Amend ment of section 34

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

shall be substituted, namely:—

"Provided that no reduction in output tax liability

of the supplier shall be permitted, if the—

(i) input tax credit as is attributable to such a

credit note, if availed, has not been reversed by the

recipient, where such recipient is a registered

person; or

(ii) incidence of tax on such supply has been

passed on to any other person, in other cases.".

8. In section 38 of the principal Act,—

Amend ment of section 38.

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

"an auto-generated statement", the words

"a statement" shall be substituted;

(ii) in sub-section (2),—

(a) for the words "auto-generated statement

under", the words "statement referred in" shall be

substituted;

(b) in clause (a), the word "and" shall be

omitted;

(c) in clause (b), after the words "by the

recipient,", the word "including" shall be inserted;

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

be inserted, namely:—

"(c) such other details as may be prescribed.".

9. In section 39 of the principal Act, in Amend ment of section 39.

sub-section (1), for the words "and within such time",

the words "within such time, and subject to such

conditions and restrictions" shall be substituted.

1220 LA GAZETTE DE L'ETAT [PART–II

10. In section 107 of the principal Act, in

Amend ment of section 107.

sub-section (6), for the proviso, the following proviso

shall be substituted, namely:—

"Provided that in case of any order demanding

penalty without involving demand of any tax, no appeal

shall be filed against such order unless a sum equal to

ten per cent of the said penalty has been paid by the

appellant.".

11. In section 112 of the principal Act, in

Amend ment of section 112. sub-section (8), the following proviso shall be inserted,

namely:—

"Provided that in case of any order demanding

penalty without involving demand of any tax, no appeal

shall be filed against such order unless a sum equal to

ten per cent of the said penalty, in addition to the

amount payable under the proviso to sub-section (6)

of section 107 has been paid by the appellant.".

12. After section 122A of the principal Act, the

Insertion of new section 122B.

following section shall be inserted, namely:—

"122B. Notwithstanding anything contained in this

Act, where any person referred to in clause (b) of

sub-section (1) of section 148A acts in contravention

P e n a l t y f o r failure to comply with track and trace mechanism.

of the provisions of the said section, he shall, in

addition to any penalty under Chapter XV or the

provisions of this Chapter, be liable to pay a penalty

equal to an amount of one lakh rupees or ten per cent.

of the tax payable on such goods, whichever is higher.".

13. After section 148 of the principal Act, the

Insertion of new section 148A

following section shall be inserted, namely:—

"148A. (1) The Government may, on the

recommendations of the Council, by notification,

Track and trace mech anism for certain goods.

specify,—

(a) the goods;

1221

PART–II] LA GAZETTE DE L'ETAT

(b) persons or class of persons who are in

possession or deal with such goods, to which the

provisions of this section shall apply.

(2) The Government may, in respect of the

goods referred to in clause (a) of sub-section (1),—

(a) provide a system for enabling affixation of

unique identification marking and for electronic

storage and access of information contained

therein, through such persons, as may be

prescribed; and

(b) prescribe the unique identification marking

for such goods, including the information to be

recorded therein.

(3) The persons referred to in sub-section (1),

shall,—

(a) affix on the said goods or packages thereof,

a unique identification marking, containing such

information and in such manner;

(b) furnish such information and details within

such time and maintain such records or documents,

in such form and manner;

(c) furnish details of the machinery installed in

the place of business of manufacture of such

goods, including the identification, capacity,

duration of operation and such other details or

information, within such time and in such form and

manner;

(d) pay such amount in relation to the system

referred to in sub-section (2), as may be

prescribed.".

1222 LA GAZETTE DE L'ETAT [PART–II

14. In Schedule III to the principal Act,—

Amend ment of Schedule III.

(i) in paragraph 8, after clause (a), the following

clause shall be inserted and shall be deemed to have

been inserted with effect from the 1st day of July,

2017, namely:—

"(aa) Supply of goods warehoused in a Special

Economic Zone or in a Free Trade Warehousing

Zone to any person before clearance for exports or

to the Domestic Tariff Area;";

(ii) in Explanation 2, after the words "For the

purposes of ", the words, brackets and letter

"clause (a) of " shall be inserted and shall be

deemed to have been inserted with effect from the

1st day of July, 2017;

(iii) after Explanation 2, the following

Explanation shall be inserted and shall be deemed

to have been inserted with effect from the 1st day

of July, 2017, namely:—

"Explanation 3.— For the purposes of clause (aa)

of paragraph 8, the expressions "Special Economic

Zone", "Free Trade Warehousing Zone" and

"Domestic Tariff Area" shall have the same

meanings respectively as assigned to them in

section 2 of the Special Economic Zones Act, 2005.".

Ac t No. 28 o f 2 0 0 5 .

15. No refund shall be made of all such tax which

No refund of tax collected.

has been collected, but which would not have been so

collected, had section 14 been in force at all material

times.

online publication at "https://styandptg.py.gov.in" Published by the Director, Government Press, Puducherry.

Cite this issue. Puducherry Gazette, Government of Puducherry, 07 November 2025. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.puducherry.2025-11-07.extraordinary-ii-issue-81/. Archive identifier in.gazette.puducherry.2025-11-07.extraordinary-ii-issue-81.