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Punjab Gazette · Government of Punjab

Punjab Goods and Services Tax (Second Amendment) Act, 2020

Published 28 August 2020

Department
Vidhan Sabha
Type
Extra Ordinary
Notification no.
21-PLA-2020/64
Gazetteid
CHD/0092/2018-2020
Identifier
in.gazette.punjabdsa.2020-08-28.38389
Languages
English, Punjabi

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Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020 PUNJAB GOVT. GAZ. (EXTRA), AUGUST 28, 2020 1107

(BHDR 6, 1942 SAKA)

EXTRAORDINARY

Published by Authority

CHANDIGARH, FRIDAY, AUGUST 28, 2020

(BHADRA 6, 1942 SAKA)

PUNJAB VIDHAN SABHA SECRETARIAT

NOTIFICATION

The 28th August, 2020

No. 21-PLA-2020/64.- The Punjab Goods and Services Tax (Second

Amendment) Bill, 2020 is hereby published for general information under the

proviso to rule 121 of the Rules of Procedure and Conduct of Business in the

Punjab Vidhan Sabha (Punjab Legislative Assembly):-

Bill No.21-PLA-2020

THE PUNJAB GOODS AND SERVICES TAX

(SECOND AMENDMENT) BILL, 2020

A

BILL

further to amend the Punjab Goods and Services Tax Act, 2017.

BE it enacted by the Legislature of the State of Punjab in the

Seventy-first Year of the Republic of India as follows:-

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

Amendment) Act, 2020.

Short-title and commencement.

(2) Save as otherwise provided, the provisions of this Act shall come

into force on such date as the Government of Punjab may, by notification in

the Official Gazette, appoint:

( 1107 ) 1108 PUNJAB GOVT. GAZ. (EXTRA), AUGUST 28, 2020

(BHDR 6, 1942 SAKA)

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 Punjab Goods and Services Tax Act, 2017 (hereinafter referred to

as the principal Act), in section 2, in clause (114), for sub-clauses (c) and (d),

the following sub-clauses shall be substituted, namely:—

Amendment in section 2 of Punjab Act 5 of 2017.

"(c) Dadra and Nagar Haveli and Daman and Diu;

(d) Ladakh;".

3. In the principal Act, in section 10, in sub-section (2), in clauses (b),

(c) and (d), after the words "of goods", the words "or services" shall be

inserted.

Amendment in section 10 of Punjab Act 5 of 2017.

4. In the principal Act, in section 16, in sub-section (4), the words "invoice

relating to such" shall be omitted.

Amendment in section 16 of Punjab Act 5 of 2017.

5. In the principal Act, in section 29, in sub-section (1), for clause (c), the

following clause shall be substituted, namely:—

"(c) the taxable person is no longer liable to be registered under section

Amendment in section 29 of Punjab Act 5 of 2017.

22 or section 24 or intends to opt out of the registration voluntarily

made under sub-section (3) of section 25:".

6. In the principal Act, in section 30, in sub-section (1), for the proviso, the

following proviso shall be substituted, namely:—

"Provided that such period may, on sufficient cause being shown,

Amendment in section 30 of Punjab Act 5 of 2017.

and for reasons to be recorded in writing, be extended,—

(a) by the Additional Commissioner or the Joint Commissioner, as the

case may be, for a period not exceeding thirty days;

(b) by the Commissioner, for a further period not exceeding thirty days,

beyond the period specified in clause (a).".

7. In the principal Act, in section 31, in sub-section (2), for the proviso, the

following proviso shall be substituted, namely:—

"Provided that the Government may, on the recommendations of

Amendment in section 31 of Punjab Act 5 of 2017.

the Council, by notification,—

(a) specify the categories of services or supplies in respect of which a

tax invoice shall be issued, within such time and in such manner, as PUNJAB GOVT. GAZ. (EXTRA), AUGUST 28, 2020 1109

(BHDR 6, 1942 SAKA)

may be prescribed;

(b) subject to the condition mentioned therein, specify the categories

of services in respect of which,—

(i) any other document issued in relation to the supply shall be

deemed to be a tax invoice; or

(ii) tax invoice may not be issued.".

8. In the principal Act, in section 51,—

(a) for sub-section (3), the following sub-section shall be substituted,

namely:—

Amendment in section 51 of Punjab Act 5 of 2017.

"(3) A certificate of tax deduction at source shall be issued

in such form and in such manner, as may be prescribed."; and

(b) sub-section (4) shall be omitted.

9. In the principal Act, in section 122, after sub-section (1), the following

sub-section shall be inserted, namely:—

"(1A) Any person who retains the benefit of a transaction covered

Amendment in section 122 of Punjab Act 5 of 2017.

under clauses (i), (ii), (vii) or clause (ix) of sub-section (1) and at whose

instance such transaction is conducted, shall be liable to a penalty of an

amount equivalent to the tax evaded or input tax credit availed of or

passed on.".

10. In the principal Act, in section 132, in sub-section (1),—

(i) for the words "Whoever commits any of the following offences",

the words "Whoever commits, or causes to commit and retain the

Amendment in section 132 of Punjab Act 5 of 2017.

benefits arising out of, any of the following offences'' shall be

substituted;

(ii) for clause (c), the following clause shall be substituted, namely:—

"(c) avails input tax credit using the invoice or bill referred to in

clause (b) or fraudulently avails input tax credit without any

invoice or bill;"; and

(iii) in clause (e), the sign and words ", fraudulently avails input tax

credit" shall be omitted.

11. In the principal Act, in section 140, with effect from the 1st day of July,

2017,—

(a) in sub-section (1), after the words "existing law", the words "within

Amendment in section 140 of Punjab Act 5 of 2017.

such time and" shall be inserted and shall be deemed to have been

inserted;

1110 PUNJAB GOVT. GAZ. (EXTRA), AUGUST 28, 2020

(BHDR 6, 1942 SAKA)

(b) in sub-section (2), after the words "appointed day", the words

"within such time and" shall be inserted and shall be deemed to

have been inserted;

(c) in sub-section (3), for the words "goods held in stock on the

appointed day subject to", the words "goods held in stock on the

appointed day, within such time and in such manner, as may be

prescribed, subject to" shall be substituted and shall be deemed to

have been substituted;

(d) in sub-section (5), for the words "existing law", the words "existing

law, within such time and in such manner, as may be prescribed"

shall be substituted and shall be deemed to have been substituted;

and

(e) in sub-section (6), for the words "goods held in stock on the

appointed day subject to", the words "goods held in stock on the

appointed day, within such time and in such manner, as may be

prescribed, subject to" shall be substituted and shall be deemed to

have been substituted.

12. In the principal Act, after section 168, the following section shall be

inserted, namely:-

"168A. (1) Notwithstanding anything contained in this Act, the

Insertion of section 168A of Punjab Act 5 of 2017.

Government may, on the recommendations of the Council,

by notification, extend the time limit specified in, or prescribed

or notified under this Act in respect of actions which cannot

be completed or complied with due to force majeure.

Power of Government to extend time limit in special circumstances.

(2) The power to issue notification under sub-section (1) shall

include the power to give retrospective effect to such notification from a

date not earlier than the date of commencement of this Act.

Explanation.— For the purposes of this section, the expression "force

majeure" means a case of war, epidemic, flood, drought, fire,

cyclone, earthquake or any other calamity caused by nature

or otherwise affecting the implementation of any of the

provisions of this Act.".

13. In the principal Act, in section 172, in sub-section (1), in the proviso, for

the words "three years", the words "five years" shall be substituted.

Amendment in section 172 of Punjab Act 5 of 2017.

PUNJAB GOVT. GAZ. (EXTRA), AUGUST 28, 2020

1111

(BHDR 6, 1942 SAKA)

14. In the principal Act, in Schedule II, in paragraph 4, the words and sign

"whether or not for a consideration," at both the places where they occur,

shall be omitted and shall be deemed to have been omitted with effect from

Amendment in Schedule 11 of Punjab Act 5 of 2017.

the 1st day of July, 2017.

15. (1) Notwithstanding anything contained in the Government of Punjab,

Department of Excise and Taxation, notification No.S.O.16/P.A.5/2017/S.9/

2017, dated the 30th June, 2017, issued on the recommendations of the Council,

in exercise of the powers under sub-section (1) of section 9 of the Punjab

Retrospective exemption from or levy or collection of state tax in certain cases.

Goods and Services Tax Act, 2017,—

(i) no state tax shall be levied or collected in respect of supply of

fishmeal (falling under heading 2301), during the period commencing

from the 1st day of July, 2017 and ending with the 30th day of

September, 2019 (both days inclusive);

(ii) state tax at the rate of six per cent, shall be levied or collected in

respect of supply of pulley, wheels and other parts (falling under

heading 8483) and used as parts of agricultural machinery (falling

under headings 8432, 8433 and 8436), during the period commencing

from the 1st day of July, 2017 and ending with the 31st day of

December, 2018 (both days inclusive).

(2) No refund shall be made of all such tax which has been collected,

but which would not have been so collected, had sub-section (1) been in force

at all material times.

16. (1) In the Government of Punjab, Department of Excise Taxation,

notification No. S.O.18/P.A.5/2017/S.11/2017 dated the 30th June, 2017, issued

on the recommendations of the Council, under sub-section (1) of section 11 of

the Punjab Goods and Services Tax Act, 2017, in the Schedule, after S. No.

103 and the entries relating thereto, the following S. No. and the entries shall

be inserted and shall be deemed to have been inserted retrospectively with

effect from the 1st day of July, 2017, namely:––

(1) (2) (3)

"103A 26 Uranium Ore

Amendment of notification No. S.O.18/P.A.5/20 17/S.11/2017 dated the 30th June, 2017 issued under sub section (1) of section 11 of Punjab Act 5 of 2017, retro- spectively.

Concentrate

(2) For the purposes of sub-section (1), the State Government shall

have and shall be deemed to have the power to amend the notification referred

to in sub-section (1) with retrospective effect as if the State Government had

the power to amend the said notification under sub-section (1) of section 11 of 1112 PUNJAB GOVT. GAZ. (EXTRA), AUGUST 28, 2020

(BHDR 6, 1942 SAKA)

the said Act, retrospectively, at all material times.

(3) No refund shall be made of all such tax which has been collected,

but which would not have been so collected, if the notification referred to in

sub-section (1) had been in force at all material times.

PUNJAB GOVT. GAZ. (EXTRA), AUGUST 28, 2020

1113

(BHDR 6, 1942 SAKA)

STATEMENT OF OBJECTS AND REASONS

The Punjab Goods and Services Tax Act, 2017 (the Act) was enacted

with a view to make a provisions for levy and collection of tax on intra-State

supply of goods or services or both by the State Government . The tax payers

have, over the last three years, been seeking simplification of provisons and

processes under the Act to make it more user friendly.

These simplifications involve provisions related to composition levy,

eligibility and conditions for taking Input Tax Credit, cancellation of registration,

revocation of cancellation of registration, tax invoice, tax deduction at source,

penalty and punishment for certain offences and transitional arrgangements

for Input Tax Credit.

The Punjab Goods and Services Tax (Amendment) Bill, 2020 seeks

to provide for these changes so as to make the levy and collection of taxes

under the GST effective and easier for the tax payers.

AMARINDER SINGH

Chief Minister, Punjab.

______________

The Governor has, in pursuance of clause (1) and (3) of Article

207 of the Constitution of India, recommended to the Punjab Legislative

Assembly, the introduction and consideration of the Bill.

______________

CHANDIGARH SHASHI LAKHANPAL MISHRA

THE 28th AUGUST, 2020 SECRETARY.

2091/8-2020/Pb. Govt. Press, S.A.S. Nagar

Cite this issue. Punjab Gazette, Government of Punjab, 28 August 2020. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.punjabdsa.2020-08-28.38389/. Archive identifier in.gazette.punjabdsa.2020-08-28.38389.