PUNJAB GOVT. GAZ., FEBRUARY 05, 2021
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CHANDIGARH, FRIDAY, FEBRUARY 05, 2021
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LEGISLATIVE SUPPLEMENT
Contents Pages
Part I Acts
Nil
Part II Ordinances
Nil
Part III Delegated Legislation
1. Notification No. S.O. 17/P.A.5/2017/ S.148/ 2021, dated the 28th January, 2021, notifying the class of persons who shall follow the special procedure from the date of the appointment of the IRP/RP.
177-178
2. Notification No. S.O. 18/P.A.5/2017/ S.148/ 2021, dated the 28th January, 2021, containing amendment in the Government of Punjab, Department of Excise and Taxation, Notification No. S.O. 66/P.A.5/ 2017/S.148/2019, dated the 31st May, 2019.
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3. Notification No. S.O. 19/PSGTR/2017/ R.48/ 2021, dated the 28th January, 2021, notifying registered person whose aggregate turnover in a financial year exceeds one hundred crore rupees.
181
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4. Notification No. S.O. 20/PSGTR/2017/ R.46/ 2021, dated the 28th January, 2021, notifying registered person whose aggregate turnover in a financial year exceeds five hundred crore rupees.
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5. Corrigendum dated 14.01.2021 in the Government of Punjab, Department of Housing and Urban Development (Housing-II Branch), Notification No. G.S.R.79/C.A.16/2016/S.84/Amd.(1)/ 2020, dated the 25th September, 2020.
Part IV Correction Slips, Republications and
Replacements
Nil
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF EXCISE AND TAXATION
(EXCISE AND TAXATION-II BRANCH)
NOTIFICATION
The 28th January, 2021
No. S.O. 17/P.A.5/2017/S.148/2021.- In exercise of the powers conferred by section 148 of the Punjab Goods and Services Tax Act, 2017 (Punjab Act No. 5 of 2017) (hereinafter referred to as the said Act) and all other powers enabling him in this behalf, the Governor of Punjab, on the recommendations of the Council, is pleased to notify that those registered persons (hereinafter referred to as the erstwhile registered person), who are corporate debtors under the provisions of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), undergoing the corporate insolvency resolution process and the management of whose affairs are being undertaken by interim resolution professionals (IRP) or resolution professionals (RP), as the class of persons who shall follow the following special procedure, from the date of the appointment of the IRP/RP till the period they undergo the corporate insolvency resolution process, as mentioned below.
2. Registration.- The said class of persons shall, with effect from the date of appointment of IRP/RP, be treated as a distinct person of the corporate debtor, and shall be liable to take a new registration (hereinafter referred to as the new registration) in each of the States or Union territories where the corporate debtor was registered earlier, within thirty days of the appointment of the IRP/RP:
Provided that in cases where the IRP/RP has been appointed prior to the date of this notification, he shall take registration within thirty days from the commencement of this notification, with effect from date of his appointment as IRP/RP.
3. Return.- The said class of persons shall, after obtaining registration file the first return under section 40 of the said Act, from the date on which he becomes liable to registration till the date on which registration has been granted.
4. Input tax credit.-(1)The said class of persons shall, in his first return, be eligible to avail input tax credit on invoices covering the supplies of goods or services or both, received since his appointment as IRP/RP but bearing the GSTIN of the erstwhile registered person, subject to the conditions of Chapter V of the said Act and the rules made thereunder, except the provisions of sub-section (4) of section 16 of the said Act and sub-rule (4) of 178
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rule 36 of the Punjab Goods and Service Tax Rules, 2017 (hereinafter referred to as the said rules).
(2) Registered persons who are receiving supplies from the said class of persons shall, for the period from the date of appointment of IRP / RP till the date of registration as required in this notification or thirty days from the date of this notification, whichever is earlier, be eligible to avail input tax credit on invoices issued using the GSTIN of the erstwhile registered person, subject to the conditions of Chapter V of the said Act and the rules made thereunder, except the provisions of sub-rule (4) of rule 36 of the said rules.
(3) Any amount deposited in the cash ledger by the IRP/RP, in the existing registration, from the date of appointment of IRP/RP to the date of registration in terms of this notification shall be available for refund to the erstwhile registration.
Explanation.- For the purposes of this notification, the terms "corporate debtor", "corporate insolvency resolution professional", "interim resolution professional" and "resolution professional" shall have the same meaning as assigned to them in the Insolvency and Bankruptcy Code, 2016 (31 of 2016).
5. This notification shall be deemed to have come into force on and with effect from
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF EXCISE AND TAXATION
(EXCISE AND TAXATION-II BRANCH)
NOTIFICATION
The 28th January, 2021
No. S.O. 18/P.A.5/2017/S.148/2021.- In exercise of the powers conferred by section 148 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 hereby pleased to make the following amendment in the Government of Punjab, Department of Excise and Taxation, Notification No. S.O. 66/P.A.5/2017/S.148/2019, dated the 31th May, 2019, published in the Punjab Government Gazette, (Extraordinary), dated the 24th June 2019, namely:-
AMENDMENT
In the said notification, in paragraph 2, the following proviso shall be inserted, namely:-
"Provided that the said persons who have, instead of furnishing the statement containing the details of payment of self-assessed tax in FORM GST CMP-08 have furnished a return in FORM GSTR-3B under the Punjab Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules) for the tax periods in the financial year 2019-20, such taxpayers shall not be required to furnish the statement in outward supply of goods or services or both in FORM GSTR-1 of the said rules or the statement containing the details of payment of self-assessed tax in FORM GST CMP-08 for all the tax periods in the financial year 2019-20."
2. This notification shall be deemed to have come into force on and with effect from
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF EXCISE AND TAXATION
(EXCISE AND TAXATION-II BRANCH)
NOTIFICATION
The 28th January, 2021
No S.O. 19/PGSTR/2017/R.48/2021.-In exercise of the powers conferred by sub-rule (4) of rule 48 of the Punjab Goods and Services Tax Rules, 2017 (hereinafter referred as said rules) and all other powers enabling him in this behalf, the Governor of Punjab, on the recommendations of the Council, and in supersession of the Government of Punjab, Department of Excise and Taxation, Notification No. S.O. 34/PGSTR/2017/ R.48/2020, dated the 25th August, 2020, published in the Punjab Government Gazette (Extraordinary), dated the 8th September, 2020, except as respects things done or omitted to be done before such supersession is pleased to notify registered person, other than those referred to in sub-rules (2), (3), (4) and (4A) of rule 54 of the said rules, whose aggregate turnover in a financial year exceeds one hundred crore rupees, as a class of registered person who shall prepare invoice and other prescribed documents, in terms of sub-rule (4) of rule 48 of the said rules in respect of supply of goods or services or both to a registered person.
2. This notification shall be deemed to have come into force on and with effect
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF EXCISE AND TAXATION
(EXCISE AND TAXATION-II BRANCH)
NOTIFICATION
The 28th January, 2021
N.o. SO. 20/PGSTR/2017/R.46/2021.- In exercise of the powers conferred by the sixth proviso to rule 46 of the Punjab Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), and all other powers enabling him in this behalf, the Governor of Punjab, on the recommendations of the Council, and in supersession of the Government of Punjab, Department of Excise and Taxation, Notification No. S.O. 36/PGSTR/2017/R.46/2020, dated the 25th August, 2020, published in the Punjab Government Gazette (Extraordinary), dated the 8th September, 2020, except as respects things done or omitted to be done before such supersession, is pleased to notify that an invoice issued by a registered person, whose aggregate turnover in a financial year exceeds five hundred crore rupees, other than those referred to in sub-rules (2), (3), (4) and (4A) of rule 54 of said rules, and registered person referred to in section 14 of the Integrated Goods and Services Tax Act, 2017, to an unregistered person (hereinafter referred to as B2C invoice), shall have Dynamic Quick Response (QR) code:
Provided that where such registered person makes a Dynamic Quick Response (QR) code available to the recipient through a digital display, such B2C invoice issued by such registered person containing cross-reference of the payment using a Dynamic Quick Response (QR) code, shall be deemed to be having Quick Response (QR) code.
2. This notification shall be deemed to have into force on and with effect from the
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CORRIGENDUM
The 14th January, 2021
In the Government of Punjab, Department of Housing and Urban Development (Housing-II Branch), Notification No. G.S.R. 79/C.A. 16/2016/S.84/Amd.(1)/2020, dated the 25th September, 2020, in the Schedule,-
(i) in part A titled as 'RATES OF REGISTRTION FEE', FOR "per square yard", READ "per square meter"; and
(ii) in part C titled as 'REGISTRATION AND RENEWAL FEE OF THE LICENSE OF A REAL ESTATE AGENT',-
(a) FOR "For sole proprietor", READ "for individual"; and
(b) FOR "Where the proprietorship is in the form of the Firm (consisting of more than one person)", READ "Other than individual".