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Punjab Gazette · Government of Punjab

THE PUNJAB GOODS AND SERVICES TAX (AMENDMENT) BILL, 2023

Published 21 November 2023

Department
Vidhan Sabha
Type
Extra Ordinary
Notification no.
17-PLA-2023/58.
Gazetteid
CHD/0082/2021-23
Identifier
in.gazette.punjabdsa.2023-11-21.62564
Languages
English, Punjabi

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PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 21, 2023 4783

(KRTK 30, 1945 SAKA)

EXTRAORDINARY

Published by Authority

CHANDIGARH, TUESDAY, NOVEMBER 21, 2023

(KARTIKA 30, 1945 SAKA)

PUNJAB VIDHAN SABHA SECRETARIAT

NOTIFICATION

The 21st November, 2023

No. 17-PLA-2023/58.–The Punjab Goods and Services Tax

(Amendment) Bill, 2023 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. 17-PLA-2023

THE PUNJAB GOODS AND SERVICES TAX (AMENDMENT)

BILL, 2023

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

–fourth Year of the Republic of India, as follows:-

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

(Amendment) Act, 2023.

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

( 4783 )

4784 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 21, 2023

(KRTK 30, 1945 SAKA)

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.

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

to as the principal Act), in section 2,—

(a) after clause (80), the following clauses shall be inserted,

Amendment in section 2 of Punjab Act 5 of 2017.

namely:—

"(80A) "online gaming" means offering of a game on the

internet or an electronic network and includes online money

gaming;

(80B) "online money gaming" means online gaming in which

players pay or deposit money or money's worth, including

virtual digital assets, in the expectation of winning money or

money's worth, including virtual digital assets, in any event

including game, scheme, competition or any other activity or

process, whether or not its outcome or performance is based

on skill, chance or both and whether the same is permissible

or otherwise under any other law for the time being in force;";

(b) after clause (102), the following clause shall be inserted,

namely:—

"(102A) "specified actionable claim" means the actionable

claim involved in or by way of,—

         (i)     betting;
         (ii)    casinos;
         (iii)   gambling;
         (iv)     horse racing;
         (v)     lottery; or
         (vi)    online money gaming;";
(c)      in clause (105), the following proviso shall be inserted at the
end, namely:—

"Provided that a person who organizes or arranges, directly

or indirectly, supply of specified actionable claims, including a

person who owns, operates or manages digital or electronic PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 21, 2023 4785

(KRTK 30, 1945 SAKA)

platform for such supply, shall be deemed to be a supplier of

such actionable claims, whether such actionable claims are

supplied by him or through him and whether consideration in

money or money's worth, including virtual digital assets, for

supply of such actionable claims is paid or conveyed to him or

through him or placed at his disposal in any manner, and all

the provisions of this Act shall apply to such supplier of specified

actionable claims, as if he is the supplier liable to pay the tax

in relation to the supply of such actionable claims;"; and

(d) after clause (117), the following clause shall be inserted,

namely:—

"(117A) "virtual digital asset" shall have the same meaning as

assigned to it in clause (47A) of section 2 of the Income-tax

Act, 1961;".

3. In the principal Act, in section 10,—

(a) in sub-section (1), after the second proviso, the explanation

inserted vide the Punjab Goods and Services Tax (Amendment)

Amendment in section 10 of Punjab Act 5 of 2017.

Act, 2020 (Punjab Act No. 3 of 2020), shall be deemed to

have been inserted with effect from the 1st day of February,

2019;

(b) in sub-section (2), in clause (d), the words "goods or" shall be

omitted; and

(c) in sub-section (2A), in clause (c), the words "goods or" shall

be omitted.

4. In the principal Act, in section 16, in sub-section (2),—

(i) in the second proviso, for the words "added to his output tax

liability, along with interest thereon", the words and figures

Amendment in section 16 of Punjab Act 5 of 2017.

"paid by him along with interest payable under section 50"

shall be substituted; and

(ii) in the third proviso, after the words "made by him", the words

"to the supplier" shall be inserted.

5. In the principal Act, in section 17,—

(a) in sub-section (3), in the Explanation, for the words and figure

"except those specified in paragraph 5 of the said Schedule",

Amendment in section 17 of Punjab Act 5 of 2017.

the following shall be substituted, namely:—

4786 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 21, 2023

(KRTK 30, 1945 SAKA)

"except,—

(i) the value of activities or transactions specified in

paragraph 5 of the said Schedule; and

(ii) the value of such activities or transactions as may be

prescribed in respect of clause (a) of paragraph 8 of

the said Schedule."; and

(b) in sub-section (5), after clause (f), the following clause shall

be inserted, namely:—

"(fa) goods or services or both received by a taxable

person, which are used or intended to be used for activities

relating to his obligations under corporate social responsibility

referred to in section 135 of the Companies Act, 2013;".

6. In the principal Act, in section 23, for sub-section (2), the following

sub-section shall be substituted and shall be deemed to have been substituted

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

Amendment in section 23 of Punjab Act 5 of 2017.

"(2) Notwithstanding anything to the contrary contained in sub-

section (1) of section 22 or section 24, the Government may,

on the recommendations of the Council, by notification, subject

to such conditions and restrictions as may be specified therein,

specify the category of persons who may be exempted from

obtaining registration under this Act.".

7. In the principal Act, in section 24,-

(a) in clause (xi), the word "and" occurring at the end, shall be

omitted; and

Amendment in section 24 of Punjab Act 5 of 2017.

(b) after clause (xi), the following clause shall be inserted,

namely:—

"(xia) every person supplying online money gaming from a

place outside India to a person in India; and".

8. In the principal Act, in section 30, in sub-section (1),—

(a) for the words and sign "the prescribed manner within thirty

days from the date of service of the cancellation order:", the

Amendment in section 30 of Punjab Act 5 of 2017.

words and signs "such manner, within such time and subject

to such conditions and restrictions, as may be prescribed."

shall be substituted; and PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 21, 2023 4787

(KRTK 30, 1945 SAKA)

(b) the proviso shall be omitted.

9. In the principal Act, in section 37, after sub-section (4), the following

sub-section shall be added, namely:—

"(5) A registered person shall not be allowed to furnish the details

Amendment in section 37 of Punjab Act 5 of 2017.

of outward supplies under sub-section (1) for a tax period

after the expiry of a period of three years from the due date

of furnishing the said details:

Provided that the Government may, on the

recommendations of the Council, by notification, subject to

such conditions and restrictions as may be specified therein,

allow a registered person or a class of registered persons to

furnish the details of outward supplies for a tax period under

sub-section (1), even after the expiry of the said period of

three years from the due date of furnishing the said details.".

10. In the principal Act, in section 39, after sub-section (10), the following

sub-section shall be added, namely:—

"(11) A registered person shall not be allowed to furnish a return

Amendment in section 39 of Punjab Act 5 of 2017.

for a tax period after the expiry of a period of three years

from the due date of furnishing the said return:

Provided that the Government may, on the

recommendations of the Council, by notification, subject to

such conditions and restrictions as may be specified therein,

allow a registered person or a class of registered persons to

furnish the return for a tax period, even after the expiry of the

said period of three years from the due date of furnishing the

said return.".

11. In the principal Act, the existing provision of section 44 shall be

renumbered as sub-section (1) thereof, and after sub-section (1) as so

renumbered, the following sub-section shall be added, namely:—

Amendment in section 44 of Punjab Act 5 of 2017.

"(2) A registered person shall not be allowed to furnish an

annual return under sub-section (1) for a financial year after

the expiry of a period of three years from the due date of

furnishing the said annual return:

Provided that the Government may, on the

recommendations of the Council, by notification, and subject 4788 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 21, 2023

(KRTK 30, 1945 SAKA)

to such conditions and restrictions as may be specified therein,

allow a registered person or a class of registered persons to

furnish an annual return for a financial year under sub-section

(1), even after the expiry of the said period of three years

from the due date of furnishing the said annual return.".

12. In the principal Act, in section 52, after sub-section (14), the following

sub-section shall be added, namely:—

"(15) The operator shall not be allowed to furnish a statement

Amendment in section 52 of Punjab Act 5 of 2017.

under sub-section (4) after the expiry of a period of three

years from the due date of furnishing the said statement:

Provided that the Government may, on the

recommendations of the Council, by notification, subject to

such conditions and restrictions as may be specified therein,

allow an operator or a class of operators to furnish a statement

under sub-section (4), even after the expiry of the said period

of three years from the due date of furnishing the said

statement.".

13. In the principal Act, in section 54, in sub-section (6), the words and

sign "excluding the amount of input tax credit provisionally accepted," shall be

omitted.

Amendment in section 54 of Punjab Act 5 of 2017.

14. In the principal Act, in section 56, for the words "from the date

immediately after the expiry of sixty days from the date of receipt of application

under the said sub-section till the date of refund of such tax", the words "for

Amendment in section 56 of Punjab Act 5 of 2017.

the period of delay beyond sixty days from the date of receipt of such application

till the date of refund of such tax, to be computed in such manner and subject

to such conditions and restrictions as may be prescribed" shall be substituted.

15. In the principal Act, in section 62, in sub-section (2),—

(a) for the words "thirty days", the words "sixty days" shall be

substituted; and

Amendment in section 62 of Punjab Act 5 of 2017.

(b) the following proviso shall be added, namely:—

"Provided that where the registered person fails to furnish a

valid return within sixty days of the service of the assessment

order under sub-section (1), he may furnish the same within a

further period of sixty days on payment of an additional late

fee of one hundred rupees for each day of delay beyond sixty PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 21, 2023 4789

(KRTK 30, 1945 SAKA)

days of the service of the said assessment order and in case

he furnishes valid return within such extended period, the said

assessment order shall be deemed to have been withdrawn,

but the liability to pay interest under sub-section (1) of section

50 or to pay late fee under section 47 shall continue.".

16. In the principal Act, in section 109,-

(a) for the existing heading, the following heading shall be

substituted, namely:-

Amendment in section 109 of Punjab Act 5 of 2017.

"Constitution of Appellate Tribunal and Benches thereof."; and

(b) in sub-section (2), for the words "the State Bench and the

Area Benches located in the State", the words "the State

Benches" shall be substituted.

17. In the principal Act, in section 110, for the words "the State Bench and

Area Benches", the words "the State Benches" shall be substituted.

Amendment in section 110 of Punjab Act 5 of 2017.

18. In the principal Act, for section 114, the following section shall be

substituted, namely:-

"114. The Vice-President shall exercise such financial and

Substitution of section 114 of Punjab Act 5 of 2017.

administrative powers over the State Benches of the

Appellate Tribunal in a State, as may be prescribed."

Financial and Administrative powers of Vice- President.

19. In the principal Act, in section 117,—

(a) in sub-section (1), for the words "State Bench or Area

Benches", the words "State Benches" shall be substituted; and

Amendment in section 117 of Punjab Act 5 of 2017.

(b) in sub-section (5), in clauses (a) and (b), for the words "State

Bench or Area Benches", the words "State Benches" shall

be substituted.

20. In the principal Act, in section 118, in sub-section (1), in clause (a), for

the words "National Bench or Regional Benches", the words "Principal Bench"

shall be substituted.

Amendment in section 118 of Punjab Act 5 of 2017.

21. In the principal Act, in section 119,—

(a) for the words "National or Regional Benches", the words

"Principal Bench" shall be substituted; and

Amendment in section 119 of Punjab Act 5 of 2017.

4790 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 21, 2023

(KRTK 30, 1945 SAKA)

(b) for the words "State Bench or Area Benches", the words

"State Benches" shall be substituted.

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

sub-section shall be added, namely:—

"(1B) Any electronic commerce operator who,—

Amendment in section 122 of Punjab Act 5 of 2017.

(i) allows a supply of goods or services or both through

it by an unregistered person other than a person

exempted from registration by a notification issued

under this Act to make such supply;

(ii) allows an inter-State supply of goods or services or

both through it by a person who is not eligible to make

such inter-State supply; or

(iii) fails to furnish the correct details in the statement to

be furnished under sub-section (4) of section 52 of

any outward supply of goods effected through it by a

person exempted from obtaining registration under

this Act,

shall be liable to pay a penalty of ten thousand rupees, or an

amount equivalent to the amount of tax involved had such

supply been made by a registered person other than a person

paying tax under section 10, whichever is higher.".

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

(a) clauses (g), (j) and (k) shall be omitted;

(b) in clause (l), for the words, brackets and letters "clauses (a)

Amendment in section 132 of Punjab Act 5 of 2017.

to (k)", the words, brackets and letters "clauses (a) to (f) and

clauses (h) and (i)" shall be substituted;

(c) in clause (iii), for the words "any other offence", the words,

brackets and letter "an offence specified in clause

(b)" shall be substituted; and

(d) in clause (iv), the words, brackets and letters "or clause (g) or

clause (j)" shall be omitted.

24. In the principal Act, in section 138,—

(a) in sub-section (1), in the first proviso,—

(i) for clause (a), the following clause shall be substituted,

Amendment in section 138 of Punjab Act 5 of 2017.

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 21, 2023 4791

(KRTK 30, 1945 SAKA)

namely:—

"(a) a person who has been allowed to compound

once in respect of any of the offences specified in

clauses (a) to (f), (h), (i) and (l) of sub-section (1) of

section 132;";

(ii) clause (b) shall be omitted;

(iii) for clause (c), the following clause shall be substituted,

namely:—

"(c) a person who has been accused of committing

an offence under clause (b) of sub-section (1) of

section 132;"; and

(iv) clause (e) shall be omitted; and

(b) in sub-section (2), for the words "ten thousand rupees or fifty

per cent of the tax involved, whichever is higher, and the

maximum amount not being less than thirty thousand rupees

or one hundred and fifty per cent the tax, whichever is higher",

the words "twenty-five per cent of the tax involved and the

maximum amount not being more than one hundred per cent

of the tax involved" shall be substituted.

25. In the principal Act, after section 158, the following section shall be

inserted, namely:—

"158A. (1) Notwithstanding anything contained in sections 133, 152

and 158, the following details furnished by a registered

Insertion of new section 158A in Punjab Act 5 of 2017

person may, subject to the provisions of sub-section

(2), and on the recommendations of the Council, be

Consent based sharing of information furnished by taxable person. shared by the common portal with such other systems

as may be notified by the Government, in such manner

and subject to such conditions as may be prescribed,

namely:—

(a) particulars furnished in the application for registration

under section 25 or in the return filed under section

39 or under section 44;

(b) the particulars uploaded on the common portal for

preparation of invoice, the details of outward supplies

furnished under section 37 and the particulars uploaded 4792 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 21, 2023

(KRTK 30, 1945 SAKA)

on the common portal for generation of documents

under section 68;

(c) such other details as may be prescribed.

(2) For the purposes of sharing details under sub-section (1), the

consent shall be obtained, of,-

(a) the supplier, in respect of details furnished under

clauses (a), (b) and (c) of sub-section (1); and

(b) the recipient, in respect of details furnished under

clause (b) of sub-section (1), and under clause (c) of

sub-section (1) only where such details include

identity information of the recipient, in such form and

manner as may be prescribed.

(3) Notwithstanding anything contained in any law for the time

being in force, no action shall lie against the Government or

the common portal with respect to any liability arising

consequent to information shared under this section and there

shall be no impact on the liability to pay tax on the relevant

supply or as per the relevant return.".

26. In the principal Act, in Schedule III, in paragraph 6, for the words

"lottery, betting and gambling", the words "specified actionable claims" shall be

substituted.

Amendment in Schedule III to Punjab Act 5 of 2017.

27. (1) In the principal Act, in Schedule III, paragraphs 7 and 8 and

the Explanation 2 thereof (as inserted vide Punjab Act No. 1 of 2019) shall be

deemed to have been inserted therein with effect from the 1st day of July,

2017.

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

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

Retrospective exemption to certain activities and transactions in Schedule III to Punjab Act 5 of 2017. at all material times.

28. The amendments made under this Act shall be without prejudice to

Transitory provision.

provisions of any other law for the time being in force, providing for prohibiting,

restricting or regulating betting, casino, gambling, horse racing, lottery or online

gaming.

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 21, 2023 4793

(KRTK 30, 1945 SAKA)

STATEMENT OF OBJECTS AND REASONS

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

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

supply of goods or services or both by the State Government. With the

objective of enhancing compliance under the GST regime, the provisions

relating to taxation of specified actionable claim, compulsory registration of

every person supplying online money gaming from a place outside India to a

person in India are being inserted. Further, the provision relating to constitution

of State Benches of the GST Appellate Tribunal is being incorporated.

Taxpayers registered under composition scheme are being enabled to supply

goods through electronic commerce operators. Further, certain offences are

proposed to be de-criminalized. In order to implement the said changes, it is

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

HARPAL SINGH CHEEMA

Excise and Taxation Minister, Punjab

____________

4794 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 21, 2023

(KRTK 30, 1945 SAKA)

FINANCIAL MEMORANDUM

The Bill proposes to amend Punjab Goods and Services

Tax Act, 2017 (Punjab Act 5 of 2017), with a view to maintain uniformity

with the provisions of the Central Goods and Services Tax Act, 2017, as

amended by the Finance Act, 2023 and the Central Goods and Services Tax

(Amendment) Act, 2023. There are provisions related to constitution of the

State Benches of the GST Appellate Tribunal in the said Bill which may

involve recurring or non-recurring expenditure from the Consolidated Fund

of the State on its enactment as an Act.

____________

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 : RAM LOK KHATANA , THE 21ST NOVEMBER, 2023 SECRETARY.

Cite this issue. Punjab Gazette, Government of Punjab, 21 November 2023. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.punjabdsa.2023-11-21.62564/. Archive identifier in.gazette.punjabdsa.2023-11-21.62564.