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Punjab Gazette · Government of Punjab

Amendment in the Government of Punjab, Department of Excise and Taxation, Notification S.O. 16/P.A 5

Published 05 October 2020

Department
Legal and Legislative Affairs
Type
Extra Ordinary
Notification no.
S.O. 43/P.A.5/2017/Ss. 9 and 15/2020
Gazetteid
CHD/0092/2018-2020
Identifier
in.gazette.punjabdsa.2020-10-05.48542
Languages
English, Punjabi

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Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020

EXTRAORDINARY

Published by Authority

CHANDIGARH, MONDAY, OCTOBER 5, 2020

(ASVINA 13, 1942 SAKA)

LEGISLATIVE SUPPLEMENT

Contents Pages

Part - I Acts

Nil

Part - II Ordinances

Nil

Part - III Delegated Legislation

--491

1. Notification No. S.O. 43/P.A.5/2017/Ss. 9 and 15/2020, dated the 23rd September, 2020, containing amendment 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.

493--498

2. Notification No. G.S.R. 76/P.A.5/2017/ S.164/Amd.(35)/2020, dated the 23rd September, 2020, containing amendment in the Punjab Goods and Services Tax Rules, 2017.

( lxxxiii )

( lxxxiv ) PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020

(ASVN 13, 1942 SAKA)

499--500

3. Notification No. G.S.R. 77/P.A.5/2017/ S.164/Amd.(36)/2020, dated the 28th September, 2020, containing amendment in the Punjab Goods and Services Tax Rules, 2017.

501--506

4. Notification No. S.O. 44/P.A.XVII/1887/ S.5/C.A.XVI/1908/S.5/2020, dated the 30th September, 2020, altering the limits of sub-district Amritsar to form a new sub- district, to be known as sub-district, Lopoke, District Amritsar.

Part - IV Correction Slips, Republications and

Replacements

Nil

______

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020

491

(ASVN 13, 1942 SAKA)

PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF EXCISE AND TAXATION

(EXCISE AND TAXATION-II BRANCH)

NOTIFICATION

The 23rd September, 2020

No. S.O. 43/P.A.5/2017/Ss. 9 and 15/2020.-In exercise of the powers

conferred by sub-section (1) of section 9 and sub-section (5) of section 15 of

the Punjab Goods and Service Tax Act, 2017 (Punjab Act No. 5 of 2017) and

all other powers enabling him in this behalf, the Governor of Punjab, on being

satisfied that it is necessary in the public interest so to do, on the

recommendations of the Council, is pleased to make the following amendment

in the Government of Punjab, Department of Excise and Taxation, Notification

S.O. 16/P.A 5/2017/S.9/2017 dated the 30th June, 2017, namely:-

AMENDMENT

In the said notification,-

(a) in Schedule II – 6%, serial number 80AA and 171 A and the entries

relating thereto shall be omitted; and

(b) in Schedule III- 9%, after serial number 163 A and the entries relating

thereto, the following serial numbers and entries shall be inserted, namely:-

"163B 3923 or 6305 Woven and non-woven bags and sacks of

polyethylene or polypropylene strips or the like,

whether or not laminated, of a kind used for

packing of goods;

163C 6305 32 00 Flexible intermediate bulk Containers".

2. This notification shall be deemed to have come into force on and

with effect from the 1st day of January, 2020.

A. VENU PRASAD,

Financial Commissioner (Taxation) and Secretary to

Government of Punjab,

Department of Excise and Taxation.

2118/10-2020/Pb. Govt. Press, S.A.S. Nagar

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020

493

(ASVN 13, 1942 SAKA)

PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF EXCISE AND TAXATION

(EXCISE AND TAXATION-II BRANCH)

NOTIFICATION

The 23rd September, 2020

No. G.S.R. 76/P.A.5/2017/S.164/Amd.(35)/2020.- In exercise of the

powers conferred by section 164 of the Punjab Goods and Services Tax Act,

2017 (Punjab Act No. 5 of 2017) and all other powers enabling him in this

behalf, the Governor of Punjab, on recommendations of GST Council, is pleased

to make the following rules further to amend the Punjab Goods and Services

Tax Rules, 2017, namely :-

RULES

1. (1) These rules may be called the Punjab Goods and Services Tax

(Fourth Amendment) Rules, 2020.

(2) Save as otherwise provided in these rules, they shall be deemed to

have come into force on and with effect from 9th October, 2019.

2. In the Punjab Goods and Services Tax Rules, 2017 (hereinafter referred

to as the said rules), in rule 21A,-

(a) in sub-rule (3), the following explanation shall be inserted, namely:-

"Explanation.-For the purposes of this sub-rule, the expression

"shall not make any taxable supply" shall mean that the registered

person shall not issue a tax invoice and, accordingly, not charge tax

on supplies made by him during the period of suspension.";

(b) after sub-rule (4), the following sub-rule shall be inserted, namely:-

"(5) Where any order having the effect of revocation of

suspension of registration has been passed the provisions of clause

(a) of sub-sction (3) of section 31 and section 40 in respect of the

supplies made during the period of suspension and the procedure

specified therein shall apply."

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020

494

(ASVN 13, 1942 SAKA)

3. In the said rules, in rule 36, after sub-rule (3), the following sub-rule shall

be inserted, namely:-

"(4) Input tax credit to be availed by a registered person in respect of invoices

or debit notes, the details of which have not been uploaded by the suppliers

under sub-section (1) of section 37, shall not exceed 20 per cent. of the eligible

credit available in respect of invoices or debit notes the details of which have

been uploaded by the suppliers under sub-section (1) of section 37.",

4. In the said rules, in rule 61,-

(a) for sub-rule (5), the following sub-rule shall be substituted, with effeet

from the 1st July, 2017 namely:-

"(5) Where the time limit for furnishing of details in FORM GSTR-I under

section 37 or in FORM GSTR-2 under section 38 has been extended, the

return specified in sub-section (1) of section 39 shall, in such manner and

subject to such conditions as the Commissioner may, by notification, specify,

be furnished in FORM GSTR-3B electronically through the common portal,

either directly or through a Facilitation Centre notified by the Commissioner:

Provided that where a return in FORM GSTR-3B is required to be furnished

by a person referred to in sub-rule (1) then such person shall not be required to

furnish the return in FORM GSTR-3.";

(b) sub-rule (6) shall be omitted with effect from the 1st July, 2017.

5. In the said rules, in rule 83A, in sub-rule (6), for clause (i), the following

clause shall be substituted, namely:-

"(i) Every person referred to in clause (b) of sub-rule (1) of rule 83 and who

is enrolled as a goods and services tax practitioner under sub-rule (2) of the

said rule is required to pass the examination within the period as specified in

the second proviso of sub-rule ((3) of the said rule,"

6. In the said rules, in rule 91,-

(a) in sub-rule (3), with effect from the 24th September, 2019, after the

words "application for refund", the words "on the basis of a consolidated payment

advice:" shall be inserted;

(b) after the sub-rule (3), with efect from the 24th September, 2019, the PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 495

(ASVN 13, 1942 SAKA)

following sub-rule shall be inserted, namely:-

"(4) The Central Government shall disburse the refund based on the consolidated

payment advice issued under sub-rule (3).".

7. In the said rules, in rule 117, -

(a) in sub-rule (1A) for the figures, letters and word "31st March, 2019", the

figures, letters and word "31st December, 2019" shall be substituted.

(b) in sub-rule (4), in clause (b),in sub-clause (iii), in the proviso for the figures

letters and word "30th April, 2019", the figures, letters and word "31st January,

2020", shall he substituted.

8. In the said rules, in rule 142, -

(a) after sub-rule (1) the following sub-rule shall be inserted, namely:-

"(1A) The proper officer shall, before service of notice to the person

chargeable with tax, interest and penalty, under sub-section (1) of Section 73

or sub-section (1) of Section 74, as the case may be, shall communicate the

details of any tax, interest and penalty as ascertained by the said officer, in

Part A of FORM GST DRC-01A.";

(b) in sub-rule (2), after the words "in accordance with the provisions of the

Act", the words, figures und brackets ", whether on his own ascertainment or,

as communicated by the proper officer under sub-rule (1A)." shall be inserted;

(c) after sub-rule (2) the following sub-rule shall be inserted, namely:-

"(2A) Where the person referred to in sub-rule (1A) has made partial payment

of the amount communicated to him or desires to file any submissions against

the proposed liability, he may make such submission in Part B of FORM

GST DRC-01A.".

10. In the said rules, after FORM GST DRC-01, the following form shall be

inserted, namely:-

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020

496

(ASVN 13, 1942 SAKA)

"FORM GST DRC-01A

Intimation of tax ascertained as being payable under section 73(5)/74(5)

[See Rule 142 (1A)]

Part A

No. :

Date:

Case ID No.

To

GSTIN.. …………………….

Name………………………..

Address.....................

Sub.: Case Proceeding Reference No......................-Intimation of liability under section

73(5)/section 74(5) - reg.

Please refer to the above proceedings. In this regard, the amount of tax/interest/penalty payable by you under section 73(5)/ 74(5) with reference to the said case as ascertained by the undersigned in terms of the available information, as is given below:

below:

Act Period Tax
CGST Act
SGST/UTGST Act
IGST Act
Cess
Total

The grounds and quantification are attached / given below:

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020

497

(ASVN 13, 1942 SAKA)

You are hereby advised to pay the amount of tax as ascertained above alongwith the amount of applicable interest in full by……….., failing which show Cause Notice will be issued under section 73(1).

You are hereby advised to pay the amount of tax as ascertained above alongwith the amount of applicable interest and penalty under section 74(5) by………., failing which Show Cause Notice will be issued under section 74(1).

In case you wish to file any submissions against the above ascertainment, the same may be furnished by……......... in Part B of this Form

Proper Officer

Signature...................................

Name…………………………

Designation………………………

Upload Attachment

Part B

Reply to the communication for payment before issue of Show Cause Notice

[See Rule 142 (2A)]

No.:

Date:

To

Proper Officer,

Wing / Jurisdiction.

Sub.: Case Proceeding Reference No………….. ... Payment/Submissions in

response to liability intimated under Section 73(5)/74(5)-reg.

Please refer to Intimation ID........... in respect of Case ID…………………... vide which the liability of tax payable as ascertained under section 73(5)/74(5) was intimated.

In this regard,

A. this is to inform that the said liability is discharged partially to the extent of Rs…………..through ………………...and the submissions regarding remaining liability are attached/ given below:

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 498

(ASVN 13, 1942 SAKA)

OR

B. the said liability is not acceptable and the submissions in this regard

are attached/ given below:

Authorised Signatory

Name………………………………

GSTIN………………………......…

Address……………............………

A. VENU PRASAD,

Financial Commissioner (Taxation) and Secretary to

Government of Punjab,

Department of Excise and Taxation

2118/10-2020/Pb. Govt. Press, S.A.S. Nagar

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020

499

(ASVN 13, 1942 SAKA)

PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF EXCISE AND TAXATION

(EXCISE AND TAXATION-II BRANCH)

NOTIFICATION

The 28th September, 2020

No. G.S.R. 77/P.A.5/2017/S.164/Amd.(36)/2020.- In exercise of the

powers conferred by section 164 of the Punjab Goods and Services Tax Act,

2017 (Punjab Act No. 5 of 2017) and all other powers enabling him in this

behalf, the Governor of Punjab, on the recommendations of the Council, is

pleased to make the following rules further to amend the Punjab Goods and

Services Tax Rules, 2017, namely: –

RULES

1. (1) These rules may be called the Punjab Goods and Services Tax

(Fifth Amendment) Rules, 2020.

(2) Save as otherwise provided, they shall be deemed to have come

into force on and with effect from 5th May, 2020.

2. In the Punjab Goods and Services Tax Rules, 2017 (hereinafter referred

to as the said rules), with effect from the 21st April, 2020, in rule 26 in sub-rule

(1), after the proviso, following proviso shall be inserted, namely:-

"Provided further that a registered person registered under the provisions

of the Companies Act, 2013 (18 of 2013) shall, during the period from 21st day

of April, 2020 to the 30th day of June, 2020, also be allowed to furnish the

return under section 39 in FORM GSTR-3B verified through electronic

verification code (EVC).".

3. In the said rules, after rule 67, with effect from a date to be notified later,

the following rule shall be inserted, namely:-

"67A. Manner of furnishing of return by short messaging service facility.-

Notwithstanding anything contained in this Chapter, for a registered person

who is required to furnish a Nil return under section 39 in FORM GSTR-3B

for a tax peried, any reference to electronic furnishing shall include furnishing PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 05, 2020 500

(ASVN 13, 1942 SAKA)

of the said return through a short messaging service using tihe registered mobile

number and the said return shall be verified by a registered mobile number

based One Time Password facility.

Explanatian.- For the purpose of this rule, a Nil return shall mean a return

under section 39 for a tax period that has nil or no entry in all the Tables in

FORM GSTR-3B.".

A. VENU PRASAD,

Financial Commissioner (Taxation) and Secretary to

Government of Punjab,

Department of Excise and Taxation.

2118/10-2020/Pb. Govt. Press, S.A.S. Nagar

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020

501

(ASVN 13, 1942 SAKA)

PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF REVENUE, REHABILITATION AND

DISASTER MANAGEMENT

(R.E.-II BRANCH)

NOTIFICATION

The 30th September, 2020

No. S.O. 44/P.A.XVII/1887/S.5/C.A.XVI/1908/S.5/2020.-In exercise

of the powers conferred by section 5 of the Punjab Land Revenue Act, 1887

(Act No. XVII of 1887) and section 5 of the Registration Act, 1908 (Central

Act No. XVI of 1908), and all other powers enabling him in this behalf, the

Governor of Punjab is pleased to alter the limits of sub district Amritsar, to

form a new sub-district, to be known as sub-district, Lopoke, District Amritsar,

with its headquarters at Chogawan, having its territorial jurisdiction in the

areas as specified in the Table given below, on and with effect from the date

of publication of this notification in the Official Gazette, namely:-

TABLE

Serial No. Name of Villages      Hadbast No.
1          Chogawan              329
2          Kohala                340
3          Kohali                328
4          Rakh Kohali           191
5          Madoke                330
6          Barar                 331
7          Khiala Kalan          326
8          Khiala Khurd          327
9          Bhullar               190
10         Tapiala               189
11         Manawala              193
12         Padhari               335
13         Nurpura               334
14         Lanven                337

502 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020

(ASVN 13, 1942 SAKA)

15 Bhitte wind 192

16 Boparai Kalan 324

17 Boparai Khurd 325

18 Boparai Baj Singh 323

19 Chhiddan 333

20 Kalowal 332

21 Lopoke 167

22 Shahura 346

23 Dalleyke 347

24 Bachi wind 183

25 Thikriwal 185

26 Dala 184

27 Joeyke 186

28 Cheleke 341

29 Khizarpura 343

30 Vaineyke 345

31 Kotli Aulakh 342

32 Kamaske 344

33 Bhangwan 170

34 Kanven 171

35 Leliyan 172

36 Maureh 194

37 Kamirpura 195

38 Mahamadpura 196

39 Jatta 198

40 Odhar 187

41 Thatha 188

42 Thathi 168

43 Sidhwan 169

44 Makhanpura 177

45 Dhariwal 180

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 503

(ASVN 13, 1942 SAKA)

46         Audar                 181
47         Mulakot               182
48         Chak Misri Khan       163
49         Veroke                166
50         Chawindha Kalan       339
51         Chawinda Khurd        338
52         Baihar Wal            336
53         Jasraur               147
54         Dial                  134
55         Bhindi Aulakh Kalan   22
56         Jhunj                 25
57         Bhindi Aulakh Khurd   23
58         Ghoga                 27
59         Tinana                26
60         Sherpur               30
61         Bhindi Nain           20
62         Fattah                21
63         Behlol                29
64         Awan  Basau           28
65         Akbarpura             31
66         Gulgarh               32
67         Niamtabad             33
68         Bhindi Saidan         24
69         Kotli Dosandhi        16
70         Motley                137
71         Jai Ram Kot           136
72         Kotla Saraj Lohar     138
73         Kotli Khaira          139
74         Miadi Kalan           144
75         Panju Kalal           146
76         Kotli Mughlan         143

504 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020

(ASVN 13, 1942 SAKA)

77 Chak Bazid 145

78 Miadi Khurdh 149

79 Shahpur 150

80 Alampur 151

81 Chak Fateh Khan 143

82 Napal 142

83 Dhundal 141

84 Bhalot 140

85 Kakkar 3

86 Manj 4

87 Panju rain 173

88 Lodhi Gujjar 5

89 Hetampura 7

90 Dag 12

91 Vehra 14

92 Tut 13

93 Saidpura 6

94 Mandian Wala 10

95 Ranian 1

96 Bhadru 2

97 Chak Allah Bakhash 179

98 Mohleke 11

99 Chuchakwal 158

100 Muzaffar Pura 157

101 Bhaggupur Uttar 9

102 Chhanna 8

103 Gaggarmal 176

104 Rai 175

105 Pandori 178

106 Sarangra 174

107 Mudh Bhilowal 164

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 505

(ASVN 13, 1942 SAKA)

108        Bhilowal Kake Zain    165
109        Jastarwal             209
110        Chhina Karam Singh    210
111        Isapur                211
112        Umarpura              207
113        Rakh Othian           202
114        Chahia                208
115        Karyal                201
116        Kot Sidhu             152
117        Bohlian               216
118        Kotli Krotana         221
119        Muhar                 206
120        Mattia                212
121        Raipur Khurd          215
122        Othian                203
123        Jauns                 205
124        Kotli Sakka           199
125        Dharam Kot            200
126        Chak Kamal Khan       197
127        Awan Lakha Singh      159
128        Wariyam               156
129        Kakkar                160
130        Khusu Pura            155
131        Bhaggupur Bet         15
132        Kutiwala              17
133        Burj                  19
134        Tur                   18
135        Saurian               162
136        Talla                 153
137        Tareen                161
138        Hassanpura            154

506 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020

(ASVN 13, 1942 SAKA)

139        Raja Sansi            312
140        Rudala                313
141        Adliwal               300
142        Bua Nagli             299
143        Nangal Tolah          315
144        Saidopura             314
145        Teli Chak             318
146        Jhanjoti              317
147        Balaggan              320
148        Chainpur              319
149        Jagdev Kalan          297
150        Kaler                 322
151        Kotla Dum             321
152        Malu Nangal           298
153        Mugnlani Kot          301
154        Ladhe                 303
155        Ranwali               302
156        Bagga                 316
157        Dhariwal              310
158        Lalla Afgana          309
159        Harse  Cheena          311

VISWAJEET KHANNA,

Additional Chief Secretary to Government of Punjab,

Department of Revenue, Rehabilitation

and Disaster Management.

2118/10-2020/Pb. Govt. Press, S.A.S. Nagar

Cite this issue. Punjab Gazette, Government of Punjab, 05 October 2020. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.punjabdsa.2020-10-05.48542/. Archive identifier in.gazette.punjabdsa.2020-10-05.48542.