997

Panaji, 30th June, 2017 (Asadha 9, 1939)

SERIES I No. 13

Reg. No. G-2/RNP/GOA/32/2015-2017

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Finance

Revenue & Control Division

—

Notification

4/5/2005-Fin(R&C)(148)

In exercise of the powers conferred by

sub-section (4) of section 5 of the Goa Value

Added Tax Act, 2005 (Goa Act 9 of 2005)

(hereinafter referred to as the “said Act”) and

all other powers enabling it in this behalf, the

Government of Goa hereby amends Schedules

‘A’, ‘B’, ‘C’, ‘D’, ‘E’ and ‘G’ appended to the said

Act, as follows, namely:—

I. In Schedule ‘A’ appended to the said Act,

the existing entries against serial numbers (1)

to (4) shall be omitted;

II. In Schedule ‘B’ appended to the said

Act,—

(i) for the existing entry against serial

number (1), the following entry shall be

substituted, namely:—

“Country liquor as defined in the Goa

Excise Duty Act, 1964 (Act 5 of 1964)

other than that covered by entry (2) of

Schedule ‘D’”;

Suggestions are welcomed on e-mail: dir–[email protected]

EXTRAORDINARY

No. 4

(ii) all the existing entries from serial

number (2) to (163) shall be omitted;

III. In Schedule ‘C’ appended to the said

Act,—

(i) for the existing entries against serial

numbers (1) to (7), the following entries shall

be substituted, namely:—

“(1) Aviation turbine fuel

18%

(2) Motor spirit which is commonly

known as petrol including

ethanol blended petrol.—

(a) sold by public sector as well as

private sector oil marketing

companies to their authorized

retail outlets within the State…

15%

(b) sold in the circumstances

other than mentioned in clause

(a) above ………

20%

(3) High Speed Diesel Oil (HSD)

22%

(4) Natural Gas including

Regasified Liquefied Natural

Gas

30%

(5) Petroleum Crude

20%

(6) Foreign liquor and Beer as defined

in the Goa Excise Duty Act, 1964

(Act 5 of 1964)

22%

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(7) Indian made foreign liquor inclu-

ding Beer as defined in the Goa

Excise Duty Act, 1964 (Act 5 of

1964)

22%”;

(ii) the existing entries against serial

numbers (8) to (28) shall be omitted;

IV. In Schedule ‘D’ appended to the said

Act,—

(i) the existing entries against serial

numbers (1) to (70) and (73) shall be omitted;

(ii) the existing entries against serial

numbers (71) and (72) shall be re-numbered

as serial numbers (1) and (2) respectively;

V. In Schedule ‘E’ appended to the said

Act,—

(i) for the existing entry against serial

number (1), the following entry shall be

substituted, namely:—

“Reseller of liquor in

packed bottles

100 lakhs

1%”;

(ii) the existing entries from serial

numbers (2) to (6) shall be omitted;

VI. In Schedule ‘G’ appended to the said

Act,—

(i) for the existing entries against serial

numbers (1) to (5), the following entries shall

be substituted, namely:—

“(1) Petroleum Crude.

(2) High Speed Diesel Oil (HSD).

(3) Motor spirit which is commercially

known as petrol including ethanol

blended petrol.

(4) Natural Gas including Regasified

Liquified Natural Gas.

(5) Aviation Turbine Fuel”;

(ii) the existing entries from serial

numbers (6) to (11) shall be omitted.

This Notification shall come into force with

effect from the 1st day of July, 2017.

By order and in the name of the Governor

of Goa.

Michael M. D’Souza, Additional Secretary

(Finance).

Porvorim, 30th June, 2017.

_______

Notification

4/5/2005-Fin(R&C)(149)

In exercise of the powers conferred by

section 83 of the Goa Value Added Tax Act,

2005 (Goa Act 9 of 2005) and all other powers

enabling it in this behalf, the Government of

Goa hereby makes the following rules so as to

further amend the Goa Value Added Tax Rules,

2005, namely:—

1. Short title and commencement.— (1)

These rules may be called the Goa Value

Added Tax (Thirteenth Amendment) Rules,

2017.

(2) They shall come into force from the 1st

day of July, 2017.

2. Amendment of rule 6.— In rule 6 of the

Goa Value Added Tax Rules, 2005 (hereinafter

referred to as the “principal Rules”), in

sub-rule (7), after the existing proviso, the

following proviso shall be inserted, namely:—

“Provided further that the dealer, other

than the one dealing in alcoholic liquor for

human consumption, to whom composition

benefit has been granted and whose total

turnover does not exceed rupees twenty-

-five lakhs during the financial year

immediately before commencement of the

Goa Goods and Services Tax Act, 2017 (Goa

Act 4 of 2017) shall file a single return of his

sales for a period commencing from the first

day of the financial year upto the day

immediately before commencement of the

said Act, 2017, in Form VAT IV online,

through electronic system, by using a

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30TH JUNE, 2017

999

system code availed from the Appropriate

Assessing Authority, within thirty days from

the last day of the period to which the such

return relates, alongwith copies of

e-challans acknowledging the receipt of tax.

The return so filed shall be deemed as the

return filed in accordance with the

provisions of the Act.”.

3. Amendment of rule 23.— In rule 23 of the

principal Rules, after sub-rule (1), the

following sub-rule shall be inserted, namely:—

“(1A)

Notwithstanding

anything

contained in sub-rule (1), a registered

dealer, other than the one dealing in

alcoholic liquor for human consumption,

who is required to file an annual return of

his sales in terms of the first proviso to sub-

-rule (1) shall file a single return of his sales,

for a period commencing from the first day

of the financial year upto the day

immediately before commencement of the

Goa Goods and Services Tax Act, 2017 (Goa

Act 4 of 2017), in Form VAT III online,

through electronic system, by using a

system code availed from the Appropriate

Assessing Authority, within thirty days from

the last day of the period to which the return

relates and the return so filed shall be

deemed as the return filed in accordance

with the provisions of sub-section (1) of

section 24:

Provided that the Commissioner may, by

order, direct that in cases specified in such

order, the returns be accepted beyond said

30 days but not later than 60 days, without

payment of penalty:

Provided also that the Government may, by

order, direct that in cases specified in such

order, the returns be accepted beyond said

60 days but not later than 120 days, without

payment of penalty.”.

4. Amendment of rule 42.— In rule 42 of the

principal Rules, after sub-rule (1), the

following sub-rule shall be inserted, namely:—

“(1A)

Notwithstanding

anything

contained in sub-rule (1), the dealer liable

to get his accounts audited as required

under sub-section (1A) of section 70, shall

transmit to the Appropriate Assessing

Authority, the audited statement of

accounts in Form VAT XV, using digital

signature, on or before the last date of the

tenth month from the commencement of the

relevant year, through electronic system by

using a system code availed from the

Appropriate Assessing Authority. The Audit

report shall be signed and verified by the

Chartered Accountant setting forth all the

particulars and certificates as are required

to be specified in such Form. The dealer who

transmits such audited statement of

accounts to the Appropriate Assessing

Authority shall not be liable to furnish final

accounts under rule 42A.”.

By order and in the name of the Governor

of Goa.

Michael M. D’Souza, Additional Secretary

(Finance).

Porvorim, 30th June, 2017.

——————

Department of Home

Home —General Division

—

Notification

21/2/2013-HD(G)/1853

Read:–

(1) Notification No. 2/20/92-HD(G) dated 09-11-1995, published in the Official Gazette,

Series I No. 34 dated 23-11-1995,

OFFICIAL GAZETTE — GOVT. OF GOA

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(2) Notification No. 2/20/92-HD(G) dated 16-10-1996, published in the Official Gazette,

Series I No. 33 dated 14-11-1996,

(3) Notification No. 2/20/92-HD(G), dated 29-04-1997, published in Official Gazette, Series I

No. 14 dated 03-07-1997,

(4) Notification No. 2/20/92-HD(G), dated 27-08-1997, published in Official Gazette, Series I

No. 25 dated 18-09-1997,

(5) Notification No. 2/20/92-HD(G), dated 30-11-1999, published in Official Gazette, Series I

No. 37 dated 09-12-1999,

(6) Notification No. 2/20/92-HD(G), dated 20-12-1999, published in Official Gazette, Series I

No. 42 dated 13-01-2000,

(7) Notification No. 2/20/92-HD(G), dated 02-05-2000, published in Official Gazette,

Extraordinary No. 3, Series I No. 4 dated 02-05-2000,

(8) Notification No. 2/1/2001-HD(G), dated 26-07-2001, published in Official Gazette, Series I

No. 20 dated 16-08-2001,

(9) Notification No. 2/1/2001-HD(G), dated 29-11-2002, published in Official Gazette, Series I

No. 39 dated 26-12-2002,

(10) Notification No. 2/1/2001-HD(G), dated 24-07-2003, published in Official Gazette,

Extraordinary, Series I No. 17 dated 24-07-2003,

(11) Notification No. 2/1/2001-HD(G), dated 05-01-2004, published in Official Gazette,

Extraordinary, Series I No. 40 dated 05-01-2004,

(12) Notification No. 2/1/2001-HD(G), dated 12-02-2004, published in Official Gazette,

Extraordinary, Series I No. 46 dated 16-02-2004,

(13) Notification No. 2/1/2001-HD(G), dated 30-03-2004, published in Official Gazette,

Extraordinary No. 4, Series I No. 52 dated 31-03-2004,

(14) Notification No. 2/1/2001-HD(G), dated 08-01-2007, published in Official Gazette,

Extraordinary No. 2, Series I No. 41 dated 15-01-2007,

(15) Notification No. 2/1/2001-HD(G), dated 22-07-2009, published in Official Gazette,

Extraordinary, Series I No. 17 dated 23-07-2009,

(16) Notification No. 2/1/2001-HD(G), dated 31-03-2011, published in Official Gazette,

Extraordinary, Series I No. 1 dated 07-04-2011,

(17) Notification No. 2/1/2001-HD(G), dated 04-11-2011, published in Official Gazette, Series I

No. 32 dated 10-11-2011,

(18) Notification No. 2/1/2001-HD(G), dated 25-05-2012, published in Official Gazette, Series I

No. 9 dated 31-05-2012,

(19) Notification No. 21/9/2012-HD(G), dated 11-09-2012, published in Official Gazette,

Extraordinary No. 2, Series I No. 23 dated 12-09-2012,

(20) Notification No. 21/12/2011-HD(G) dated 21-11-2012, published in Official Gazette,

Extraordinary No. 4, Series I No. 33 dated 21-11-2012,

(21) Notification No. 21/2/2013-HD(G)/3466 dated 17-10-2013, published in Official Gazette,

Extraordinary No. 2, Series I No. 29 dated 22-10-2013,

(22) Notification No. 21/1/2014-HD(G)/1324 dated 28-03-2014, published in Official Gazette,

Series I No. 1 dated 03-04-2014,

(23) Notification No. 21/1/2014-HD(G)/1326 dated 28-03-2014, published in Official Gazette,

Series I No. 1 dated 03-04-2014,

OFFICIAL GAZETTE — GOVT. OF GOA

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1001

Department of Law & Judiciary

Legal Affairs Division

—

Notification

8/4/2017-LA

The Goa Value Added Tax (Tenth

Amendment) Ordinance, 2017 (Ordinance

(24) Notification No. 21/3/2015-HD(G)/992 dated 31-03-2015, published in Official Gazette,

Extraordinary, Series I No. 1, dated 02-04-2015,

(25) Notification No. 21/2/2013-HD(G)/105 dated 08-01-2016, published in Official Gazette,

Extraordinary, Series I No. 41, dated 12-01-2016,

(26) Notification No. 21/1/2016-HD(G)/1124 dated 31-03-2016, published in Official Gazette,

Extraordinary No. 3, Series I No. 53 dated 01-04-2016,

(27) Notification No. 21/2/2013-HD(G)/1928 dated 06-06-2016, published in Official Gazette,

Series I No. 10 dated 9-6-2016,

(28) Notification No. 21/1/2016-HD(G)/2604 dated 04-08-2016, published in Official Gazette,

Extraordinary No. 2, Series I No. 18 dated 10-08-2016,

(29) Notification No. 21/1/2016-HD(G)/2604 dated 19-08-2016, published in Official Gazette,

Extraordinary No. 2, Series I No. 20 dated 22-08-2016,

(30) Notification No. 21/7/2012-HD(G)/Part File/3381 dated 25-10-2016, published in Official

Gazette, Extraordinary No. 3, Series I No. 29 dated 25-10-2016,

(31) Notification No. 21/2/2013-HD(G)/908 dated 30-3-2017, published in Official Gazette,

Extraordinary No. 2, Series I No. 52 dated 31-3-2017 and

(32) Notification No. 21/4/2017-HD(G)/1195 dated 24-04-2017, published in Official Gazette,

Extraordinary No. 2, Series I No. 3 dated 25-04-2017.

In exercise of the powers conferred by section 13A of the Goa, Daman and Diu Public

Gambling Act, 1976 (Act 14 of 1976), read with section 21 of the General Clauses Act, 1897

(Central Act 10 of 1897), the Government of Goa hereby further amends the Government

Notification No. 2-20-92-HD(G), dated 09-11-1995, published in the Official Gazette, Series I

No. 34 dated 23-11-1995 (hereinafter called the “principal Notification”), as follows:—

In the principal Notification, in condition 5, in clause (iv), in the third proviso, for

the expression “30-06-2017”, the expression “30-09-2017” shall be substituted.

This Notification shall come into force with immediate effect.

By order and in the name of the Governor of Goa.

Neetal P. Amonkar, Under Secretary (Home).

Porvorim, 29th June, 2017.

——————

No. 4 of 2017), which has been promulgated

by the Governor of Goa on 30-06-2017,

is hereby published for general information of

the public.

Sharad G. Marathe, Additional Secretary

(Law).

Porvorim, 30th June, 2017.

OFFICIAL GAZETTE — GOVT. OF GOA

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www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 6.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—118/350—6/2017.

The Goa Value Added Tax (Tenth

Amendment) Ordinance, 2017

(Ordinance No. 4 of 2017)

Promulgated by the Governor of Goa in the

Sixty-eighth Year of the Republic of India.

An Ordinance further to amend the Goa

Value Added Tax Act, 2005 (Goa Act 9 of 2005).

Whereas, the Legislative Assembly of Goa

is not in session and the Governor of Goa is

satisfied that circumstances exist which

render it necessary for her to take immediate

action.

Now, therefore, in exercise of the powers

conferred by clause (1) of Article 213 of the

Constitution of India, the Governor of Goa is

pleased to promulgate the following

Ordinance, namely:—

1. Short title and commencement.— (1) This

Ordinance may be called the Goa Value Added

Tax (Tenth Amendment) Ordinance, 2017.

(2) It shall come into force from the 1st day

of July, 2017.

2. Amendment of section 2.— In section 2

of the Goa Value Added Tax Act, 2005 (Goa

Act 9 of 2005) (hereinafter referred to as the

“principal Act”),—

(i) clauses (a), (b), (j) and (l) shall be

omitted;

(ii) for clause (p), the following clause

shall be substituted, namely:—

“(p) “goods” means—

(i) petroleum crude;

(ii) high speed diesel;

(iii) motor spirit (commonly known

as petrol);

(iv) natural gas;

(v) aviation turbine fuel; and

(vi) alcoholic liquor for human

consumption;”.

3. Amendment of section 35.— In section 35

of the principal Act, in sub-section (4), for the

expression “sub-section (2)”, the expression

“this section” shall be substituted.

4. Amendment of section 70.— In section 70

of the principal Act, after sub-section (1), the

following sub-section shall be inserted,

namely:—

“(1A)

Notwithstanding

anything

contained in sub-section (1), every dealer

liable to pay tax, other than the one dealing

in any of the goods, namely, petroleum

crude, high speed diesel, motor spirit

(commonly known as petrol), natural gas,

aviation turbine fuel and alcoholic liquor for

human consumption, shall, if his gross

turnover of sales for the period commencing

from the first day of the respective financial

year till the end of the day immediately

before commencement of the Goa Goods

and Services Tax Act, 2017 (Goa Act 4 of

2017), exceeds rupees twenty-five lakh, or

in any other case, if the amount of input tax

credit claimed by him during the said

period exceeds rupees three lakh, get his

accounts in respect of that period audited

by an accountant by such date and in such

manner as may be prescribed and furnish

the report of such audit duly verified and

signed by such accountant setting forth

such particulars and certificates, in such

form and within such period, as may be

prescribed:

Provided that except in case of oil

marketing company, the turnover of goods

listed in Schedule ‘D’ and Schedule ‘G’ shall

not be included in the gross turnover of sales

specified above.”.

Raj Bhavan.

SMT. MRIDULA SINHA

Date: 30-06-2017.

Governor of Goa.