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Panaji, 15th January, 2020 (Pausa 25, 1941)

SERIES I No. 41

Reg. No. G-2/RNP/GOA/32/2018-2020

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Finance

Revenue & Control Division

__

Notification

38/1/2017-Fin(R&C)(124)

In exercise of the powers conferred by

section 128 of the Goa Goods and Services

Tax Act, 2017 (Goa Act 4 of 2017), the

Government of Goa, on the recommendations

of the Council, hereby makes the following

further amendment in the Government

notification No. 38/1/2017-Fin(R&C)(43)/433,

dated 31st January, 2018, Official Gazette,

Series I No. 44, Extraordinary No. 2, dated

05th February, 2018, namely:–

In the said notification, after the second

proviso, the following proviso shall be

inserted, namely:—

“Provided also that the amount of late fee

payable under section 47 of the said Act shall

stand waived for the registered persons who

failed to furnish the details of outward

supplies in FORM GSTR-1 for the months/

/quarters from July, 2017 to November, 2019

by the due date but furnishes the said

details in FORM GSTR-1 between the period

from 19th December, 2019 to 10th January,

2020.”.

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

EXTRAORDINARY

2. This notification shall be deemed to have

come into force with effect from the 19th day

of December, 2019.

By order and in the name of the Governor

of Goa.

Pranab G. Bhat, Under Secretary, Finance

(R&C).

Porvorim, 14th January, 2020.

_______

Notification

38/1/2017-Fin(R&C)(125)/72

In exercise of the powers conferred by

section 164 of the Goa Goods and Services

Tax Act, 2017 (Goa Act 4 of 2017), the Goa

Government, on the recommendations of the

Council, hereby makes the following rules

further to amend the Goa Goods and Services

Tax Rules, 2017, namely:—

1. (1) These rules may be called the Goa

Goods and Services Tax (Ninth Amendment)

Rules, 2019.

(2) Save as otherwise provided, they shall

be deemed to have come into force with effect

from the 26th December, 2019.

2. In the Goa Goods and Services Tax Rules,

2017 (hereinafter referred to as the said

rules), with effect from the 1st January, 2020,

in rule 36, in sub-rule (4), for the figures and

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

(EXTRAORDINARY)

15TH JANUARY, 2020

1274

words “20 per cent.”, the figures and words

“10 per cent.” shall be substituted.

3. In the said rules, after rule 86, the

following rule shall be inserted, namely:—

“86A. Conditions of use of amount

available in electronic credit ledger.—

(1) The Commissioner or an officer

authorised by him in this behalf, not

below the rank of an Assistant

Commissioner, having reasons to believe

that credit of input tax available in the

electronic credit ledger has been

fraudulently availed or is ineligible in as

much as—

(a) the credit of input tax has been

availed on the strength of tax invoices

or debit notes or any other document

prescribed under rule 36-

i. issued by a registered person

who has been found non-existent or

not to be conducting any business

from any place for which registration

has been obtained; or

ii. without receipt of goods or

services or both; or

(b) the credit of input tax has been

availed on the strength of tax invoices

or debit notes or any other document

prescribed under rule 36 in respect of

any supply, the tax charged in respect

of which has not been paid to the

Government; or

(c) the registered person availing

the credit of input tax has been found

non-existent or not to be conducting

any business from any place for which

registration has been obtained; or

(d) the registered person availing

any credit of input tax is not in

possession of a tax invoice or debit

note

or

any

other

document

prescribed under rule 36,

may, for reasons to be recorded in

writing, not allow debit of an amount

equivalent to such credit in electronic

credit ledger for discharge of any

liability under section 49 or for claim

of any refund of any unutilised amount.

(2) The Commissioner, or the officer

authorised by him under sub-rule (1)

may, upon being satisfied that conditions

for disallowing debit of electronic credit

ledger as above, no longer exist, allow

such debit.

(3) Such restriction shall cease to have

effect after the expiry of a period of one

year from the date of imposing such

restriction.”.

4. In the said rules, with effect from the

11th January, 2020, in rule 138E, after clause

(b), the following clause shall be inserted,

namely:—

“(c) being a person other than a person

specified in clause (a), has not furnished

the statement of outward supplies for any

two months or quarters, as the case may

be.”.

By order and in the name of the Governor

of Goa.

Pranab G. Bhat, Under Secretary, Finance

(R&C).

Porvorim, 14th January, 2020.

_________

38/1/2017-Fin(R&C)

Removal of Difficulty

Order No. 10/2019-State Tax

Whereas, sub-section (1) of section 44 of

the Goa Goods and Services Tax Act, 2017

(Goa Act 4 of 2017) (hereafter in this Order

referred to as the said Act) provides that every

registered person, other than an Input Service

Distributor, a person paying tax under section

51 or section 52, a casual taxable person and

a non-resident taxable person, shall furnish

an annual return for every financial year

electronically in such form and manner as

may be prescribed on or before the thirty-

first day of December following the end of

such financial year;

OFFICIAL GAZETTE — GOVT. OF GOA

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And whereas, for the purpose of furnishing

of the annual return electronically for every

financial year as referred to in sub-section

(1) of section 44 of the said Act, certain

technical problems are being faced by the

tax payers as a result whereof, the said annual

return for the period from the 1st July, 2017

to the 31st March, 2018 could not be furnished

by the registered persons, as referred to in

the said sub-section (1) and because of that,

certain difficulties have arisen in giving effect

to the provisions of the said section.

Now, therefore, in exercise of the powers

conferred by section 172 of the Goa Goods

and Services Tax Act, 2017, the Government

of Goa, on recommendations of the Council,

hereby makes the following Order, to remove

the difficulties, namely:––

1. Short title.––This Order may be called

the Goa Goods and Services Tax (Tenth

Removal of Difficulties) Order, 2019.

2. In section 44 of the Goa Goods and

Services Tax Act, 2017, in the Explanation,

for the figures, letters and word “31st

December, 2019”, the figures, letters and

word “31st January, 2020” shall be

substituted.

3. This order shall deemed to have come

into force with effect from the 26th December,

2019.

By order and in the name of the Governor

of Goa.

Pranab G. Bhat, Under Secretary, Finance

(R&C).

Porvorim, 14th January, 2020.

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