PUNJAB GOVT. GAZ., FEBRUARY 05, 2021

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LEGISLATIVE SUPPLEMENT

Contents

Pages

Part I

Acts

Nil

Part II

Ordinances

Nil

Part III

Delegated Legislation

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.

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.

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.

ORDINARY

Published by Authority

CHANDIGARH, FRIDAY, FEBRUARY 05, 2021

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177-178

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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.

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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PUNJAB GOVT. GAZ., FEBRUARY 05, 2021

(MAGHA 16, 1942 SAKA)

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

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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).

This notification shall be deemed to have come into force on and with effect from

21st day of March, 2020.

A. VENU PRASAD,

Financial Commissioner (Taxation) and Secretary to

Government of Punjab,

Department of Excise and Taxation.

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PUNJAB GOVT. GAZ., FEBRUARY 05, 2021

(MAGHA 16, 1942 SAKA)

PART III

179

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."

This notification shall be deemed to have come into force on and with effect from

21st day of March, 2020.

A. VENU PRASAD,

Financial Commissioner (Taxation) and Secretary to

Government of Punjab,

Department of Excise and Taxation.

2217/2-2021/Pb. Govt. Press, S.A.S. Nagar

PUNJAB GOVT. GAZ., FEBRUARY 05, 2021

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181

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.

This notification shall be deemed to have come into force on and with effect

from the 1st day of October, 2020,

A. VENU PRASAD,

Financial Commissioner (Taxation) and Secretary to

Government of Punjab,

Department of Excise and Taxation.

2217/2-2021/Pb. Govt. Press, S.A.S. Nagar

PUNJAB GOVT. GAZ., FEBRUARY 05, 2021

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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.

This notification shall be deemed to have into force on and with effect from the

1st day of October, 2020.

A. VENU PRASAD,

Financial Commissioner (Taxation) and Secretary to

Government of Punjab,

Department of Excise and Taxation.

2217/2-2021/Pb. Govt. Press, S.A.S. Nagar

PUNJAB GOVT. GAZ., FEBRUARY 05, 2021

(MAGHA 16, 1942 SAKA)

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".

SARVJIT SINGH,

Principal Secretary to Government of Punjab,

Department of Housing and Urban Development.

2217/2-2021/Pb. Govt. Press, S.A.S. Nagar

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