1855

OFFICIAL GAZETTE — GOVT. OF-GOA

SERIES I No. 28

( EXTRAORDINARY )

13TH OCTOBER, 2006

1855

EXTRAORDINARY

No. 2

GOVERNMENT OF GOA

Department of Finance

Office of the Commissioner of Commercial Taxes

Order

CCT/26-2/2017-18/4124

In exercise of the powers conferred by sub-section (1) of Section 5 read with Clause (91) of Section 2 of

the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017) (hereinafter referred to as the “said Act”),

and the rules framed thereunder, the Commissioner of State Tax, hereby assigns the functions to be

performed under this Act by a proper officer as defined in Clause (91) of Section 2 under different

sections of the said Act mentioned in the entries in column (2) of the Schedule below and described in

the corresponding entries at column (3) of the said Schedule to the Proper Officers specified in the

corresponding entries in column (4) thereof, subject to the condition that the functions hereby assigned

shall be performed only within their jurisdiction unless otherwise directed in this behalf.

SCHEDULE

Sr.

No.

Section No.

Subject

Proper Officer

(1)

(2)

(3)

(4)

1

10(5)

To determine tax and penalty referred to in

this section

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

2

22 to 26 read

with Rule/s

8 to 26 of the

Goa GST

Rules, 2017

Verification,

approval

of

registration,

issuing registration certificate, rejection of

application for registration, to register a

person who is liable to be registered under

this Act including the person who fails to

obtain registration

State Tax Officer/Assistant State

Tax Officer.

3

27(1)

(proviso)

To extend the period of validity of the

certificate of registration issued to a casual

taxable person or a non-resident taxable

person by a further period not exceeding

ninety days

State Tax Officer/Assistant State

Tax Officer.

4

28(1)

An application for amendment to be made

before the proper officer

State Tax Officer/Assistant State

Tax Officer.

SERIES II No. 34

Panaji, 29th November, 2017 (Agrahayana 8, 1939)

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

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 34

(EXTRAORDINARY No. 2)

29TH NOVEMBER, 2017

1856

(1)

(2)

(3)

(4)

5

28(2)

To approve or reject an application for

amendment of a registration certificate

State Tax Officer/Assistant State

Tax Officer.

6

29(1)

To cancel a registration certificate on his

own motion or upon application

State Tax Officer/Assistant State

Tax Officer.

7

29(2)

To cancel a registration certificate on his

own motion

State Tax Officer/Assistant State

Tax Officer.

8

30(1)

To revoke a cancelled registration certifi-

cate

State Tax Officer/Assistant State

Tax Officer.

9

30(2)

To

revoke

a

cancelled

registration

certificate or to reject an application for

revocation

State Tax Officer/Assistant State

Tax Officer.

10

35(6)

To determine the amount of tax payable on

goods or services or both that are not

accounted for

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

11

46

To issue notice to a registered person who

fails to furnish a return under Section 39, 44

or 45

State Tax Officer/Assistant State

Tax Officer.

12

47(1)

To levy late fee in case of a registered

person who fails to furnish details of

outward

supplies

or

inward

supplies

required under Section 37 or 38 or return

under Section 39 or 45

State Tax Officer/Assistant State

Tax Officer.

13

47(2)

To levy late fee in case of a registered

person who fails to furnish the return

required under Section 44

State Tax Officer/Assistant State

Tax Officer.

14

50

To levy interest on delayed payment of tax

State Tax Officer/Assistant State

Tax Officer.

15

51(7)

To determine amount in default in case of

tax deduction at source

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

16

52(12)

To issue notice to an e-commerce operator

to furnish information

Additional Commissioner/Deputy

Commissioner of State Tax.

17

52(14)

To penalize the person who fails to furnish

the information required under sub-section

(12) of Section 52

Additional Commissioner/Deputy

Commissioner.

18

54(4)

To verify the amount claimed as refund

being less than two lakh rupees where no

documentary evidences to be furnished

Deputy Commissioner.

19

54(5)

To make refund of excess tax or input tax

credit other than refund on a provisional

basis

Deputy Commissioner.

20

54(6)

To make refund on account of export of

goods or services or both made by

registered persons on a provisional basis

Deputy Commissioner.

21

54(7)

To issue order of refund

Deputy Commissioner.

22

54(10)

To withhold refund or to deduct any unpaid

due before payment of refund

Deputy Commissioner.

23

54(11)

To withhold refund adversely affecting the

revenue

Additional Commissioner/Deputy

Commissioner.

24

56

(explanation)

Order of Appellate Authority shall be

deemed to be an order passed under sub-

section (5) of Section 54

Deputy Commissioner.

25

60(1)

Provisional assessment on application

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 34

(EXTRAORDINARY No. 2)

29TH NOVEMBER, 2017

1857

(1)

(2)

(3)

(4)

26

60(2)

To require a taxable person to execute a

bond and to furnish surety or security to

allow him to pay tax on provisional basis

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

27

60(3)

To pass final assessment order to finalise a

provisional assessment

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

28

61(1)

Scrutiny of returns

State Tax Officer/Assistant State

Tax Officer.

29

61(2)

To intimate the person that the explanation

is found acceptable

State Tax Officer/Assistant State

Tax Officer.

30

61(3)

Audit or inspection, search and seizure or

adjudication resulting from scrutiny of

returns

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

31

62(1)

Assessment of non-filers of returns

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

32

62(2)

To levy interest under Section 50(1) or late

fee under Section 47

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

33

63

Best judgment assessment of unregistered

persons liable to pay tax

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

34

64(1)

Summary assessment in certain special

cases

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

35

65(6)

Audit Report

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

26

65(7)

To initiate action under Section 73 or 74

upon detection of tax not paid as a result of

audit

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

37

66(1)

Proposal to Commissioner for special audit

Additional Commissioner/Deputy

Commissioner.

38

66(2)

To extend the period of submission of

report in case of special audit

Additional Commissioner/Deputy

Commissioner.

39

66(6)

To initiate action under Section 73 or 74

upon detection of tax not paid as a result of

special audit

Deputy Commissioner.

40

67(1)

To inspect any place of business of the

taxable person or the persons engaged in

the business of transporting goods or the

owner or the operator of warehouse or

godown

or

any

other

place,

upon

authorisation by the Commissioner

Additional Commissioner/Deputy

Commissioner/State Tax Officer/

/Assistant State Tax Officer.

41

67(2)

To

carry

out

search,

seizure

and

confiscation upon authorisation by the

Commissioner

Additional Commissioner/Deputy

Commissioner/State Tax Officer/

/Assistant State Tax Officer.

42

To serve order not to remove goods

Additional Commissioner/Deputy

Commissioner/State Tax Officer/

/Assistant State Tax Officer.

43

67(5)

To debar a person from whose custody any

documents are seized to make copies

thereof or to take extracts therefrom which

may prejudicially affect the investigation

Additional Commissioner/Deputy

Commissioner/State Tax Officer/

/Assistant State Tax Officer.

44

67(7)

To extend the date of issuing notice in

relation to seized goods after six months of

seizure

Commissioner of State Tax.

45

67(8)

Disposal of perishable or hazardous goods

notified by the Government

Additional Commissioner/Deputy

Commissioner/State Tax Officer/

/Assistant State Tax Officer

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 34

(EXTRAORDINARY No. 2)

29TH NOVEMBER, 2017

1858

(1)

(2)

(3)

(4)

(subject to approval from

Commissioner by administrative

order).

46

67(9)

To prepare inventory of seized perishable or

hazardous goods

Additional Commissioner/Deputy

Commissioner/State Tax Officer/

/Assistant State Tax Officer.

47

67(10)

To search and seize under the provisions of

CRPC 1973

Additional Commissioner/Deputy

Commissioner/State Tax Officer/

/Assistant State Tax Officer.

48

67(11)

To seize accounts, registers or documents

produced before a proper officer

Additional Commissioner/Deputy

Commissioner/State Tax Officer/

/Assistant State Tax Officer.

49

68(3)

To intercept any conveyance to inspect

documents, devices and goods

Additional Commissioner/Deputy

Commissioner/State Tax Officer/

/Assistant State Tax Officer.

50

69(1)

To authorise any officer of State Tax to

arrest a person committing offence

Additional Commissioner/Deputy

Commissioner.

51

70(1)

Power to summon person

Additional Commissioner/Deputy

Commissioner/State Tax Officer/

Assistant State Tax Officer.

52

71(1)

To have access to any place of business of a

registered person to inspect books of

account, documents, computers, computer

programs, for carrying out any audit,

scrutiny, verification and checks as may be

necessary to safeguard the interest of

revenue; upon authorisation by an officer

not below the rank of Deputy Commissioner

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

53

73(1)

Determination of tax and issuance of notice

and adjudication in cases other than fraud

or suppression under sub-section (1), (2),

(3), (5), (6), (7), (9) and (10) of Section 73

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

54

73(2)

Issuance of notice at least three months

prior to the time limit

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

55

73(3)

To serve a statement containing the details

of tax not paid or short paid or erroneously

refunded or input tax credit wrongly

availed or utilised

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

56

73(5)

Tax to be ascertained and officer to be

informed in writing of such payment

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

57

73(6)

On receipt of information shall not serve

any notice under sub-section (1) or, as the

case may be, the statement under sub-

section (3)

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

58

73(7)

To issue notice as provided for in sub-

section (1)

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

59

73(9)

To determine the amount of tax, interest

and penalty equivalent to ten per cent of

tax or ten thousand rupees, whichever is

higher and issue an order

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

60

73(10)

To issue the order under sub-section (9)

within three years from the due date for

furnishing of annual return

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

61

74(1)

Determination of tax and issuance of notice

and adjudication in cases of fraud or

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 34

(EXTRAORDINARY No. 2)

29TH NOVEMBER, 2017

1859

(1)

(2)

(3)

(4)

suppression under sub-section (1), (2), (3),

(5), (6), (7), (9) and (10) of Section 74

62

74(2)

Issuance of notice at least six months prior

to the time limit

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

63

74(3)

To serve a statement containing details of

tax not paid or short paid or erroneously

refunded or input tax credit wrongly

availed or utilised

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

64

74(5)

Tax to be ascertained and officer to be

informed in writing of such payment

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

65

74(6)

On receipt of information shall not serve

any notice under sub-section (1)

Deputy Commissioner of State/

/State Tax Officer/Assistant State

Tax Officer.

66

74(7)

To issue notice as provided for in sub-

section (1)

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

67

74(9)

To determine the amount of tax, interest

and penalty and issue an order

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

68

74(10)

To issue an order under sub-section (9)

within three years from the due date for

furnishing of annual return

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

69

75(2)

General

provisions

relating

to

determination of tax as provided in sub-

sections (2), (5), (6) and (8) of Section 75

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

70

75(5)

To grant time to the person and adjourn the

hearing for reasons to be recorded in

writing

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

71

75(6)

To set out the relevant facts and the basis

of his decision

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

72

75(8)

To modify the amount of interest and

penalty as per the order of appellate

authority

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

73

76(2)

Functions to be performed under sub-

sections (2), (3), (6) and (8) where tax

collected has not been paid to Government

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

74

76(3)

To determine the amount due from person

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

75

76(6)

To issue an order within one year from the

date of issue of the notice

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

76

76(8)

To set out the relevant facts and the basis

of his decision

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

77

78

To initiate recovery proceedings against

non-payment of tax payable under the Act

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

78

79(1)

Functions to be performed under sub-

sections (1) to (3) of Section 79 in relation to

recovery of any amount recoverable from

any person

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

79

79(3)

To recover the amount of central tax from

the person as if it were an arrear of State

tax and credit the amount so recovered to

the account of the Central Government

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

80

79(4)

To credit the amount recovered to the

account

of

respective

governments,

proportionately

Deputy Commissioner.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 34

(EXTRAORDINARY No. 2)

29TH NOVEMBER, 2017

1860

(1)

(2)

(3)

(4)

81

81

(proviso)

To give permission to charge or transfer any

property made for adequate consideration

and in good faith

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

82

84

Continuation and validation of certain

recovery proceedings - to issue notice, to

give

intimation

of

reduction

to

the

appropriate authority

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

83

88(2)

To notify the liquidator in case of company

in liquidation

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

84

88(3)

To get proved to the satisfaction that non-

recovery cannot be attributed to gross

neglect or breach

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

85

90

To be intimated the date of retirement of

partner

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

86

107

Appeals to the Appellate Authority

Additional Commissioner of State

Tax (Appeals)/Deputy

Commissioner (Appeals).

87

107(2)

To call for and examine the record of any

proceeding

in

which

an

adjudicating

authority has passed order

Additional Commissioner of State

Tax.

88

108

To call for and examine the record of any

proceedings

Commissioner of State Tax.

89

112

To call for and examine the record of any

order passed by the appellate authority

under this Act or Central GST Act

Commissioner of State Tax/

/Additional Commissioner.

90

113(3)

To bring to the notice of Appellate Tribunal

any error apparent on the record for

rectification

Commissioner of State Tax/

/Additional Commissioner/Deputy

Commissioner.

91

122

Penalty for certain offences

Additional Commissioner/Deputy

Commissioner/State Tax Officer/

Assistant State Tax Officer.

92

123

To direct any person who fails to furnish

any information under Section 150 to pay a

penalty not exceeding five thousand rupees

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

93

124

Fine for failure to furnish statistics

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

94

125

General Penalty

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

95

126(5)

To consider the fact of disclosure of the

circumstances of a breach of tax law by a

person

as

a

mitigating

factor

when

quantifying a penalty for that person

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

96

126(6)

To verify the penalty is a fixed sum or

expressed as a fixed percentage or not

Deputy Commissioner of State Tax.

97

127

To issue an order levying penalty under this

section

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

98

129(3)

To issue notice and pass an order in

relation to tax and penalty of seized goods

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

99

129(6)

Further proceedings in case of failure to pay

within 7 days

Additional Commissioner/Deputy

Commissioner/State Tax Officer/

/Assistant State Tax Officer.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 34

(EXTRAORDINARY No. 2)

29TH NOVEMBER, 2017

1861

(1)

(2)

(3)

(4)

100

129(6)

(proviso)

To reduce the period of compliance for

payment of tax and penalty

Additional Commissioner/Deputy

Commissioner/State Tax Officer/

/Assistant State Tax Officer.

101

130(1)

To confiscate the goods and conveyance

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

102

130(2)

To give and option to pay fine

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

103

130(4)

To give an opportunity of being heard

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

104

130(6)

Confiscation of goods and conveyances and

requisition for police assistance

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

105

130(7)

To dispose off confiscated goods and

conveyances and deposit the sale proceeds

with the Government

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

106

132(6)

Sanction for prosecution

Commissioner of State Tax.

107

134

Sanction for taking cognizance of offence

Commissioner of State Tax.

108

138

To compound offence, either before or after

institution of prosecution

Commissioner of State Tax.

109

139

To issue certificate of registration on

provisional basis in case of migration

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

110

141(1)

Extension of period for return of goods after

job work

Commissioner of State Tax.

111

141(2)

Extension of period for return of semi-

finished goods

Commissioner of State Tax.

112

142(1)

Identifying goods sold under existing law

returned not earlier than six months prior to

the appointed day and returned on or after

the appointed day

State Tax Officer/Assistant State

Tax Officer.

113

142(12)

Extension of the period for return of goods

sent on approval basis

Commissioner of State Tax.

114

153

Taking assistance from an expert for

scrutiny, inquiry, investigation, etc.

Additional Commissioner/Deputy

Commissioner of State Tax.

115

154

Power to take samples of goods

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

116

159(1)

Publication of information in respect of

person in public interest

Additional Commissioner/Deputy

Commissioner of State Tax.

117

161

Rectification of errors apparent on record

Commissioner of State Tax/

/Additional Commissioner/Deputy

Commissioner/State Tax

Officer/Assistant State Tax Officer.

118

163

Levy of fee to provide copy of order or

document

Deputy Commissioner/State Tax

Officer/Assistant State Tax Officer.

The powers and duties assigned by this order shall be exercised subject to such conditions and

restrictions as the Commissioner may impose from time to time.

This Order shall be deemed to have come into force from the 1st day of July, 2017, except for entry at

serial number 2 in the Schedule hereinabove, for which it shall be deemed to have come into force from

the 22nd day of June, 2017.

Dipak M. Bandekar, Commissioner of State Tax.

Panaji, 29th November, 2017.

www.goaprintingpress.gov.in

Published and Printed by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

Price–Rs. 7.00

PRINTED AT GOVERNMENT PRINTING PRESS, PANAJI-GOA—324/200—11/2017.