1799

Panaji, 30th November, 2017 (Agrahayana 9, 1939)

SERIES I No. 35

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Education, Art & Culture

Directorate of Higher Education

Corrigendum

8/1/2010-DHE/2572

Read: Government Order No. 8/1/2010/DHE/

/3148 dated 29-12-2010 published in

the Official Gazette, Series I No. 41 dated

6-1-2011.

In the Government order read in preamble,

the words “Government College of Commerce

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

Department

Notification/Corri./Addn.

Subject

Pages

1. Education, Art & Culture

Corri.- 8/1/2010-DHE/2572

Correction of words.

1799

Dte. of Higher Education

Under Secretary

2. Environment

Not.- 31-9-2017/STE-DIR/

Repeal of notification.

1800

Dir. of & ex officio Jt. Secy.

/Part/696

3. Finance

Tr. Cir.- CCT/26-2/2017-18/

Amendment of Trade Circular.

1800

Commissioner of Commercial /4125

Taxes

4. Law & Judiciary

Not.- 10/4/2016-LA-172

The Taxation Laws (Second Amendment)

1800

Joint Secretary

Act, 2016.

5. Tourism

Addn.- 1/2(11)/2017-DT/3648 Substitution of para.

1805

Dir. & ex officio Jt. Secy.

INDEX

There are two Extraordinary issues to the Official Gazette, Series I No. 34 dated 23-11-2017 as follows:–

(1) Extraordinary dated 23-11-2017 from pages 1731 to 1740 from Department of Finance, Revenue & Control Division

Not. No. 38/1/2017-Fin(R&C)(29) regarding the Goa Goods and Services Tax Rules, 2017 and Not. No. 1/11/2014-PER/3534

regarding RRs from Department of Personnel.

(2) Extraordinary No. 2 dated 24-11-2017 from pages 1741 to 1798 from Department of Urban Development, Not. No. 11/

/47/2017-PMA/2466 regarding the Goa Real Estate (Regulation and Development) (Regulatory Authority Form of Annual

Statement of Accounts and Annual Report) Rules, 2017.

NOTE

at Margao” appearing in the 3rd and 4th line

of first para shall be substituted to read as

“Government College of Commerce and

Economics, Borda, Margao, Goa 403602”.

The rest contents of the order remains

unchanged.

By order and in the name of the Governor

of Goa.

Diwan N. Rane, Under Secretary (Higher

Education).

Porvorim, 20th November, 2017.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 35

30TH NOVEMBER, 2017

1800

Department of Environment

Notification

31-9-2017/STE-DIR/Part/696

Read: Notification No. 31-9-210/STE-DIR/293

dated 21st November, 2016 published

in Official Gazette, Series I No. 34

dated 24th November, 2016.

The Notification read above issued by

Shri Srinet Kothwale, Director, ex officio, Joint

Secretary (Environment) notified in the

Official Gazette at Series I No. 34 dated 24th

November, 2016, stands repealed”.

This is issued with the approval of the

Government.

By order and in the name of the Governor

of Goa.

Parag M. Nagarcenkar, Director & ex officio

Joint Secretary (Env.).

Porvorim, 29th November, 2017.

———ttt———

Department of Finance

Office of Commissioner of Commercial Taxes

Trade Circular

No. 3 of 2017-18

CCT/26-2/2017-18/4125

Read: (1) Trade Circular No. 1 of 2017-18 dated

14th September, 2017 issued by the

Commissioner of Commercial Taxes

and published in the Official Gazette,

Series I No. 25 dated 21st September,

2017.

(2) Trade Circular No. 2 of 2017-18 dated

31st October, 2017 issued by the

Commissioner of Commercial Taxes

and published in the Official Gazette,

Series I No. 31 dated 2nd November,

2017.

In the Trade Circular No. 1 of 2017-18 dated

14th September, 2017, published in the Official

Gazette, Series I No. 25 dated 21st September,

2017, read with the amendment thereto vide

Trade Circular No. 2 of 2017-18 dated 31st

October, 2017, published in the Official

Gazette, Series I No. 31 dated 2nd November,

2017, in the para at serial number 8., for the

figures and characters “30-11-2017”, the

figures and characters “27-12-2017” shall be

substituted.

Dipak M. Bandekar, Commissioner of

Commercial Taxes.

Panaji, 29th November, 2017.

———ttt———

Department of Law & Judiciary

Legal Affairs Division

—

Notification

10/4/2016-LA-172

The Taxation Laws (Second Amendment)

Act, 2016 (Central Act No. 48 of 2016), which

has been passed by Parliament and assented

to by the President on 15-12-2016 and

published in the Gazette of India,

Extraordinary, Part II, Section 1, dated

15-12-2016, is hereby published for the general

information of the public

Julio Barbosa Noronha, Joint Secretary

(Law).

Porvorim, 4th October, 2017.

________

THE TAXATION LAWS (SECOND

AMENDMENT) ACT, 2016

ACT

further to amend the Income-tax-Act, 1961

and the Finance Act, 2016.

Be it enacted by Parliament in the Sixty-

-seventh Year of the Republic of India as

follows:—

OFFICIAL GAZETTE — GOVT. OF GOA

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1801

CHAPTER I

Preliminary

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

Act may be called the Taxation Laws (Second

Amendment) Act, 2016.

2. Save as otherwise provided in this Act, it

shall come into force at once.

CHAPTER II

Income-Tax

2. Amendment of section 115BBE.—

In the Income-tax Act, 1961

(hereinafter referred to as the

Income-tax Act), in section 115BBE,

for sub-section (1), the following

sub-section shall be substituted with

effect from the 1st day of April, 2017,

namely:—

“(1) Where the total income of an

assessee,—

(a) includes any income referred to in

section 68, section 69, section 69A,

section 69B, section 69C or section 69D

and reflected in the return of income

furnished under section 139; or

(b) determined by the Assessing

Officer includes any income referred to

in section 68, section 69, section 69A,

section 69B, section 69C or section 69D,

if such income is not covered under

clause (a),

the income-tax payable shall be the

aggregate of—

(i) the amount of income-tax calculated

on the income referred to in clause (a) and

clause (b), at the rate of sixty per cent.;

and

(ii) the amount of income-tax with

which the assessee would have been

chargeable had his total income been

reduced by the amount of income

referred to in clause (i).”.

3. Amendment of section 271AAB.— In the

Income-tax Act, in section 271AAB,—

(I) in sub-section (l), after the words,

figures and letters “the 1st day of July,

2012”, the words, brackets and figures “but

before the date on which the Taxation Laws

(Second Amendment) Bill, 2016 receives the

assent of the President” shall be inserted;

(II) after sub-section (1), the following

sub-section shall be inserted, namely:—

“(1A) The Assessing Officer may,

notwithstanding anything contained in

any other provisions of this Act, direct

that, in a case where search has been

initiated under section 132 on or after the

date on which the Taxation Laws (Second

Amendment) Bill, 2016 receives the

assent of the President, the assessee shall

pay by way of penalty, in addition to tax,

if any, payable by him,—

(a) a sum computed at the rate of

thirty per cent. of the undisclosed

income of the specified previous year,

if the assessee—

(i) in the course of the search, in a

statement under sub-section (4) of

section 132, admits the undisclosed

income and specifies the manner in

which such income has been

derived;

(ii) substantiates the manner in

which the undisclosed income was

derived; and

(iii) on or before the specified

date—

(A) pays the tax, together with

interest, if any, in respect of the

undisclosed income; and

(B) furnishes the return of

income for the specified previous

year declaring such undisclosed

income therein;

(b) a sum computed at the rate of

sixty per cent. of the undisclosed

income of the specified pervious year,

if it is not covered under the provisions

of clause (a),”;

(III) in sub-section (2), after the words,

brackets and figure “in sub-section (1)”, the

words, brackets, figure and letter “or

sub-section (1A)” shall be inserted.

43 of 1961.

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1802

4. Insertion of new section 271AAC.— In the

Income-tax Act, after section 271AAB, the

following section shall be inserted with effect

from the 1st day of April, 2017, namely:—

“271AAC. Penalty in respect of certain

income.— (1) The Assessing Officer may,

notwithstanding anything contained in this

Act other than the provisions of section

271AAB, direct that, in a case where the

income determined includes any income

referred to in section 68, section 69, section

69A, section 69B, section 69C or section 69D

for any previous year, the assessee shall pay

by way of penalty, in addition to tax payable

under section 115BBE, a sum computed at

the rate of ten per cent. of the tax payable

under clause (i) of sub-section (1) of section

115BBE:

Provided that no penalty shall be levied

in respect of income referred to in section

68, section 69, section 69A, section 69B,

section 69C or section 69D to the extent

such income has been included by the

assessee in the return of income furnished

under section 139 and the tax in accordance

with the provisions of clause (i) of sub-

-section (1) of section 115BBE has been paid

on or before the end of the relevant previous

year.

(2) No penalty under the provisions of

section 270A shall be imposed upon the

assessee in respect of the income referred

to in sub-section (1).

(3) The provisions of sections 274 and 275

shall, as far as may be, apply in relation to

the penalty referred to in this section.”.

CHAPTER III

Finance Act

5. Amendment of section 2.— In the

Finance Act, 2016,—

(a) in Chapter II, in section 2, in sub-

-section (9),—

(i) in the third proviso, the figures and

letters “115BBE,” shall be omitted;

(ii) after the sixth proviso, the following

proviso shall be inserted, namely:—

‘Provided also that in respect of any

income chargeable to tax under clause

(i) of sub-section (1) of section 115BBE

of the Income-tax Act, the “advance

tax” computed under the first proviso

shall be increased by a surcharge, for

the purposes of the Union, calculated

at the rate of twenty-five per cent. of

such advance tax.’;

(b) Insertion of new Chapter IX A.— after

Chapter IX, the following Chapter shall be

inserted, namely:—

‘CHAPTER IXA

Taxation and Investment regime for Pradhan Mantri

Garib Kalyan Yojana, 2016

199A. Short title and commencement.— (1)

This Scheme may be called the Taxation and

Investment Regime for Pradhan Mantri Garib

Kalyan Yojana, 2016.

(2) It shall come into force on such date as

the Central Government may, by notification,

in the Official Gazette, appoint.

199B. Definitions.— In this Scheme, unless

the context otherwise requires,—

(a) “declarant” means a person making

the declaration under sub-section (1) of

section 199C;

(b) “Income-tax Act” means the

Income-tax Act, 1961;

Scheme, 2016” (hereinafter in this Chapter

referred to as “the Deposit Scheme”)

means a scheme notified by the Central

Government in consultation with the

Reserve Bank of India in the Official Gazette;

and

(d) all other words and expressions used

in this Scheme but not defined and defined

in the Income-tax Act shall have the

meanings respectively assigned to them in

this Act.

199C. Declaration of undisclosed income.—

(1) Subject to the provisions of this Scheme,

any person may make, on or after the date of

commencement of this Scheme but on or

before a date to be notified by the Central

Government in the Official Gazette, a

declaration in respect of any income, in the

form of cash or deposit in an account

maintained by the person with a specified

43 of 1961.

28 of 2016.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 35

30TH NOVEMBER, 2017

1803

entity, chargeable to tax under the Income-

tax Act for any assessment year commencing

on or before the 1st day of April, 2017.

(2) No deduction in respect of any

expenditure or allowance or set-off of any loss

shall be allowed against the income in respect

of which a declaration under sub-section (1)

is made.

Explanation.— For the purposes of this

section, “specified entity” shall mean—

(i) the Reserve Bank of India;

(ii) any banking company or co-

operative bank, to which the

Banking Regulation Act, 1949

applies (including any bank or

banking institution referred to in

section 51 of that Act);

(iii) any Head Post Office or Sub-Post

Office; and

(iv) any other entity as may be notified

by the Central Government in the Official

Gazette in this behalf.

199D. Charge of tax and surcharge.— (1)

Notwithstanding anything contained in the

Income-tax Act or in any Finance Act, the

undisclosed income declared under sub-

-section (1) of section 199C within the time

specified therein shall be chargeable to tax at

the rate of thirty per cent. of the undisclosed

income.

(2) The amount of tax chargeable under

sub-section (1) shall be increased by a

surcharge, for the purposes of the Union, to

be called the Pradhan Mantri Garib Kalyan

Cess calculated at the rate of thirty-three per

cent, of such tax so as to fulfil the commitment

of the Government for the welfare of the

economically weaker sections of the society.

199E. Penalty.— Notwithstanding anything

contained in the Income-tax Act or in any

Finance Act, the person making a declaration

under sub-section (1) of section 199C shall, in

addition to tax and surcharge charged under

section 199D, be liable to pay penalty at the

rate of ten per cent. of the undisclosed income.

199F. Deposit of undisclosed income.— (1)

Notwithstanding anything contained in the

Income-tax Act or in any other law for the time

being in force, the person making a declaration

under sub-section (1) of section 199C, shall

deposit an amount which shall not be less than

twenty-five per cent. of the undisclosed

income in the Pradhan Mantri Garib Kalyan

Deposit Scheme, 2016.

(2) The deposit shall bear no interest and

the amount deposited shall be allowed to be

withdrawn after four years from the date of

deposit and shall also fulfil such other

conditions as may be specified in the Pradhan

Mantri Garib Kalyan Deposit Scheme, 2016.

199G. Manner of declaration.— A declara-

tion under sub-section (1) of section 199C shall

be made by a person competent to verify the

return of income under section 140 of the

Income-tax Act, to the Principal Commi-

ssioner or the Commissioner notified in the

Official Gazette for this purpose and shall be

in such form and verified in such manner, as

may be prescribed.

199H. Time for payment of tax, penalty,

surcharge and deposit.— (1) The tax and

surcharge payable under section 199D and

penalty payable under section 199E in respect

of the undiscosed income, shall be paid before

filing of declaration under sub-section (1) of

section 199C.

(2) The amount referred to in sub-section

(1) of section 199F shall be deposited before

the filing of declaration under sub-section (1)

of section 199C.

(3) The declaration under sub-section (1) of

section 199C shall be accompanied by the

proof of deposit referred to in sub-section (1)

of section 199F, payment of tax, surcharge and

penalty under section 199D and section 199E,

respectively.

199-I. Undisclosed income declared not to

be included in total income.— The amount of

undisclosed income declared in accordance

with sub-section (1) of section 199C shall not

be included in the total income of the declarant

for any assessment year under the Income-

tax Act.

199J. Undisclosed income declared

not to affect finality of completed

assessments.— A declarant under this

Scheme shall not be entitled, in

respect of undisclosed income

referred to in section 199C or any

amount of tax and surcharge paid

10 of 1949.

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1804

thereon, to re-open any assessment

or reassessment made under the

Income-tax Act or the Wealth-tax Act,

1957, or to claim any set-off or relief

in any appeal, reference or other

proceeding in relation to any such

assessment or reassessment.

199K. Tax, etc., not refundable.— Any

amount of tax and surcharge paid under

section 199D or penalty paid under section

199E shall not be refundable.

199L. Declaration not admissible in

evidence against declarant.— Notwithstanding

anything contained in any other law for the

time being in force, nothing contained in any

declaration made under sub-section (1) of

section 199C shall be admissible in evidence

against the declarant for the purpose of any

proceeding under any Act other than the Acts

mentioned in section 199-O.

199M. Declaration by misrepresentation of

facts to be void.— Notwithstanding anything

contained in this Scheme, where a declaration

has been made by misrepresentation or

suppression of facts or without payment of tax

and surcharge under section 199D or penalty

under section 199E or without depositing the

amount in the Deposit Scheme as per the

provisions of section 199F, such declaration

shall be void and shall be deemed never to

have been made under this Scheme.

199N. Applicability of certain provisions of

Income-tax Act.— The provisions of Chapter

XV of the Income-tax Act relating to liability

in special cases and of section 119, section 138

and section 189 of that Act shall, so far as may

be, apply in relation to proceedings under

this Scheme as they apply in relation to

proceedings under the Income-tax Act.

199-O. Scheme not to apply to certain

persons.— The provisions of this Scheme shall

not apply—

(a) in relation to any person in

respect of whom an order of

detention has been made under

the Conservation of Foreign

Exchange and Prevention of

Smuggling Activities Act, 1974:

Provided that—

(i) such order of detention, being an

order to which the provisions of section

9 or section 12A of the said Act do not

apply, has not been revoked on the report

of the Advisory Board under section 8 of

the said Act or before the receipt of the

report of the Advisory Board; or

(ii) such order of detention, being an

order to which the provisions of section

9 of the said Act apply, has not been

revoked before the expiry of the time for,

or on the basis of, the review under sub-

-section (3) of section 9, or on the report

of the Advisory Board under section 8,

read with sub-section (2) of section 9, of

the said Act; or

(iii) such order of detention, being an

order to which the provisions of section

12A of the said Act apply, has not been

revoked before the expiry of the time for,

or on the basis of, the first review under

sub-section (3) of that section, or on the

basis of the report of the Advisory Board

under section 8, read with sub-section (6)

of section 12A, of the said Act; or

(iv) such order of detention has not

been set aside by a court of competent

jurisdiction;

(b) in relation to prosecution for

any offence punishable under

Chapter IX or Chapter XVII of the

Indian Penal Code, the Narcotic

Drugs and Psychotropic Sub-

-stances Act, 1985, the Unlawful

Activities (Prevention) Act, 1967,

the Prevention of Corruption Act,

1988, the Prohibition of Benami

Property Transactions Act, 1988

and the Prevention of Money-

-Laundering Act, 2002;

secton 3 of the Special Court

(Trial of Offences Relating to

Transactions in Securities) Act,

1992;

(d)

relation

any

undisclosed foreign income and

asset which is chargeable to

tax under the Black Money

(Undisclosed Foreign Income and

Assets) and Impositon of Tax Act,

2015.

199P. Removal of doubts.— For the removal

of doubts, it is hereby declared that save as

45 of 1860.

61 of 1985.

37 of 1967.

49 of 1988.

45 of 1988.

15 of 2003.

27of 1992.

22 of 2015.

52 of 1974.

27 of 1957.

OFFICIAL GAZETTE — GOVT. OF GOA

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1805

otherwise expressely provided in sub-section

(1) of section 199C, nothing contained in this

Scheme shall be construed as conferring any

benefit, concession or immunity on any person

other than the person making the declaration

under this Scheme.

199Q. Power to remove difficulties.— (1) If

any difficulty arises in giving effect to the

provisions of this Scheme, the Central

Government may, by order, not inconsistent

with the provisions of this Scheme, remove the

difficulty:

Provided that no such order shall be made

after the expiry of a period of two years from

the date on which the provisions of this

Scheme come into force.

(2) Every order made under this section

shall be laid before each House of Parliament.

199R. Power to make rules.— (1) The Board

may, subject to the control of the Central

Government, by notification in the Official

Gazette, make rules for carrying out the

provisions of this Scheme.

(2) Without prejudice to the generality of the

foregoing power, such rules may provide for

all or any of the following matters, namely:—

(a) the form and manner of declaration

and verification to be made under section

199G; and

(b) any other matter which is to be, or

may be, prescribed, or in respect of which

provision is to be made, by rules.

(3) Every rule made under this Scheme shall

be laid, as soon as may be after it is made

before each House of Parliament while it is in

session for a total period of thirty days which

may be comprised in one session or in two or

more successive sessions and if, before the

expiry of the session immediately following the

session or the successive sessions aforesaid,

both Houses agree in making any modification

in the rule or both Houses agree that the rule

should not be made, the rule shall thereafter

have effect only in such modified form or be of

no effect, as the case may be; so however, that

any such modification or annulment shall be

without prejudice to the validity of anything

previously done under that rule.’.

———ttt———

Department of Tourism

Addendum

1/2(11)/2017-DT/3648

Read Order No. 1/2(11)/2016-DT/237 dated

April 28, 2016.

In the above referred order, para five may

be substituted and read as under;

“Now, therefore, in view of the advise

tendered by Administrative Reforms

Department, the post-wise sanction

strength of the Department is fixed as under

as on date i.e 28-04-2016”.