Panaji, 9th January, 2020 (Pausa 19, 1941)

SERIES I No. 41

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

NOTE

There is one Supplement and an Extraordinary issue to the Official Gazette, Series I No. 40 dated 2-01-2020 as

follows:—

(1) Supplement dated 3-01-2020 from pages 1157 to 1236 from Department of Law & Judiciary (Legal Affairs Division),

Notification No. 10/6/2018-LA-108 regarding The Finance Act, 2018.

(2) Extraordinary dated 7-01-2020 from pages 1237 to 1238, from Department of Finance, Notification No. CCT/26-2/

/2018-19/50/2577 regarding amendment to the Goa Goods and Services Tax Act, 2017.

INDEX

Department

Notification/Bill

Subject

Pages

1. Civil Supplies &

Not.- DCS/ENF/C.O/FS/

The Removal of Licensing Requirements, Stock

1239

Consumer Affairs

/19-20/245

Limits and Movement Restrictions on Specified

Dir. & ex officio Jt. Secy.

Foodstuffs (Fourth Amendment) Order, 2019.

2. Goa Legislature Secretariat

Bill-LA/LEGN/2020/2158

The Goa Goods & Services Tax (Amendment)

1240

Bill, 2020.

3. Law & Judiciary

Not.- 10/4/2019-LA-180

The Finance Act, 2019.

1258

Joint Secretary

GOVERNMENT OF GOA

Department of Civil Supplies and

Consumer Affairs

___

Notification

DCS/ENF/C.O/FS/19-20/245

Order bearing No. S.O. 4341(E) dated 3rd

December, 2019 published in Part II Section

3, sub-section (ii) of the Gazette of India

(Extraordinary) dated, 3rd December, 2019

issued by Ministry of Consumer Affairs, Food

and Public Distribution, Dept. of Consumer

Affairs, New Delhi making the Order further

to amend the “The Removal of Licensing

Requirement, Stock Limits and Movement

Restriction on specified Foodstuff Order, 2016”,

is hereby republished for general information

of the public.

Sagun R. Velip, Director & ex officio Joint

Secretary (Civil Supplies & Consumer Affairs).

Panaji, 30th December, 2019.

_______

MINISTRY OF CONSUMER AFFAIRS, FOOD

AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

___

Order

New Delhi, the 3rd December, 2019

S.O. 4341(E).— In exercise of the powers

conferred by section 3 of the Essential

1239

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

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1240

Commodities Act, 1955 (10 of 1955), the

Central Government hereby makes the

following order to further amend the Removal

of Licensing Requirements, Stock Limits and

Movement Restrictions on Specified Foodstuffs

Order, 2016, namely:—

1. Short Title and Commencement.— (1)

This order may be called the Removal of

Licensing Requirements, Stock Limits and

Movement Restrictions on Specified Foodstuffs

(Fourth Amendment) Order, 2019.

(2) It shall come into force with immediate

effect.

2.

In

the

Removal

of

Licensing

Requirements, Stock Limits and Movement

Restrictions on Specified Foodstuffs Order,

2016, in clause 3, in sub-clause (2), the item

(iv) is substituted by the following:—

“(iv) Onion, with the following stock

limits on traders for all States and Union

Territories;

Wholesaler: 25 MT and Retailer: 5 MT

Provided that an importer, being a

wholesaler or retailer or dealer shall be

exempted for the imported stock of onions.”.

[F. No. S-10/3/2017-ECR&E]

ROHlT KUMAR PARMAR,

Senior Economic Adviser

Foot Note: The principal order was published in

the Gazette of India, Extraordinary,

Part II, Section 3, Sub-section (i), vide

number G.S.R. 929(E), dated the 29th

September, 2016 and was subsequently

amended vide numbers S.O. 3341 (E),

dated the 27th October, 2016, S.O.

1288(E), dated the 25th April, 2017, S.O.

1600(E), dated the 17th May, 2017, S.O.

2785(E), dated the 25th August, 2017,

S.O. 3136(E), dated the 27th September,

2017, S.O. 3397(E), dated the 23rd

October, 2017, S.O. 3422(E), dated the

25th October, 2017, S.O. 4079(E), dated

the 27th December, 2017, S.O. 2414(E),

dated the 13th June, 2018, S.O. 2826(E),

dated the 6th August, 2019, S.O. 3540(E),

dated the 29th September, 2019 and S.O.

4298(E), dated the 28th November, 2019.

Goa Legislature Secretariat

LA/LEGN/2020/2158

The following bill which was introduced in

the Legislative Assembly of the State of Goa

on 7th January, 2020 is hereby published for

general information in pursuance of Rule–138

of the Rules of Procedure and Conduct of

Business of the Goa Legislative Assembly.

________

The Goa Goods and Services Tax

(Amendment) Bill, 2020

(Bill No. 1 of 2020)

A

BILL

to amend the Goa Goods and Services Tax

Act, 2017 (Goa Act 4 of 2017).

Be it enacted by the Legislative Assembly

of Goa in the seventy-first Year of the Republic

of India as follows:—

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

Act may be called the Goa Goods and

Services Tax (Amendment) Act, 2020.

(2) Save as otherwise provided in this Act,

the provisions of sections 2 to 21 of this Act,

except section 7, section 10 and sections 13

to 20 shall be deemed to come into force from

01-01-2020 and 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. Amendment of section 2.— In section 2

of the Goa Goods and Services Tax Act, 2017

(hereinafter referred as the “principal Act”)

in clause (4), after the words “the Appellate

Authority for Advance Ruling,”, the words

“the National Appellate Authority for Advance

Ruling,” shall be inserted.

3. Amendment of section 10.— In section

10 of the principal Act,––

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

proviso, the following Explanation shall be

inserted, namely:—

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“Explanation.— For the purposes of

second proviso, the value of exempt

supply of services provided by way of

extending deposits, loans or advances

in so far as the consideration is

represented by way of interest or

discount shall not be taken into account

for determining the value of turnover in

a State.”;

(b) in sub-section (2),—

(i) in clause (d), the word “and”

occurring at the end shall be omitted;

(ii) in clause (e), for the word

“Council”, the words “Council; and”

shall be substituted;

(iii) after clause (e), the following

clause shall be inserted, namely:––

“(f) he is neither a casual taxable

person nor a non-resident taxable

person:”;

(c) after sub-section (2), the following

sub-section shall be inserted, namely:––

“(2A) Notwithstanding anything to the

contrary contained in this Act, but

subject to the provisions of sub-sections

(3) and (4) of section 9, a registered

person, not eligible to opt to pay tax

under sub-section (1) and sub-section

(2), whose aggregate turnover in the

preceding financial year did not exceed

fifty lakh rupees, may opt to pay, in

lieu of the tax payable by him under

sub-section (1) of section 9, an amount

of tax calculated at such rate as may be

prescribed, but not exceeding three per

cent. of the turnover in State, if he is

not—

(a) engaged in making any supply

of goods or services which are not

leviable to tax under this Act;

(b) engaged in making any inter-

-State outward supplies of goods or

services;

(c) engaged in making any supply

of goods or services through an

electronic commerce operator who is

required to collect tax at source under

section 52;

(d) a manufacturer of such goods or

supplier of such services as may be

notified by the Government on the

recommendations of the Council; and

(e) a casual taxable person or a non-

-resident taxable person:

Provided that where more than one

registered persons are having the

same Permanent Account Number

issued under the Income-tax Act,

1961, the registered person shall not

be eligible to opt for the scheme under

this sub-section unless all such

registered persons opt to pay tax

under this sub-section.”;

(d) in sub-section (3), after the words,

brackets and figure “under sub-section (1)”

at both the places where they occur,

the words, brackets, figure and letter “or

sub-section (2A), as the case may be,” shall

be inserted.

(e) in sub-section (4), after the words,

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

the words, brackets, figure and letter “or,

as the case may be, sub-section (2A)” shall

be inserted.

(f) in sub-section (5), after the words,

brackets and figure “under sub-section

(1)”, the words, brackets, figure and letter

“or sub-section (2A), as the case may be,”

shall be inserted.

(g) after sub-section (5), the following

Explanations shall be inserted, namely:––

‘Explanation 1.— For the purposes of

computing aggregate turnover of a person

for determining his eligibility to pay tax

under this section, the expression

“aggregate turnover” shall include the

value of supplies made by such person

from the 1st day of April of a financial year

upto the date when he becomes liable for

registration under this Act, but shall not

include the value of exempt supply of

services provided by way of extending

deposits, loans or advances in so far as the

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consideration is represented by way of

interest or discount.

Explanation 2.— For the purposes of

determining the tax payable by a person

under this section, the expression “turnover

in State” shall not include the value of

following supplies, namely:—

(i) supplies from the first day of April

of a financial year upto the date when

such person becomes liable for

registration under this Act; and

(ii) exempt supply of services provided

by way of extending deposits, loans or

advances in so far as the consideration

is represented by way of interest or

discount.’.

4. Amendment of section 22.— In section

22 of the principal Act, in sub-section (1),

after the second proviso, the following shall

be inserted, namely:—

“Provided also that the Government may,

on the recommendations of the Council,

by notification, enhance the aggregate

turnover from twenty lakh rupees to such

amount not exceeding forty lakh rupees in

case of supplier who is engaged exclusively

in the supply of goods, subject to such

conditions and limitations, as may be

notified.

Explanation.— For the purposes of this

sub-section, a person shall be considered

to be engaged exclusively in the supply of

goods even if he is engaged in exempt

supply of services provided by way of

extending deposits, loans or advances in

so far as the consideration is represented

by way of interest or discount.”.

5. Amendment of section 25.— In section

25 of the principal Act, after sub-section (6),

the following sub-sections shall be inserted,

namely:—

“(6A) Every registered person shall

undergo authentication, or furnish proof of

possession of Aadhaar number, in such

form and manner and within such time as

may be prescribed:

Provided that if an Aadhaar number is

not assigned to the registered person, such

person shall be offered alternate and viable

means of identification in such manner as

Government may, on the recommendations

of the Council, prescribe:

Provided further that in case of failure to

undergo authentication or furnish proof of

possession of Aadhaar number or furnish

alternate and viable means of identification,

registration allotted to such person shall

be deemed to be invalid and the other

provisions of this Act shall apply as if such

person does not have a registration.

(6B) On and from the date of notification,

every individual shall, in order to be eligible

for grant of registration, undergo

authentication, or furnish proof of

possession of Aadhaar number, in such

manner as the Government may, on the

recommendations of the Council, specify

in the said notification:

Provided that if an Aadhaar number is

not assigned to an individual, such

individual shall be offered alternate and

viable means of identification in such

manner as the Government may, on the

recommendations of the Council, specify

in the said notification.

(6C) On and from the date of notification,

every person, other than an individual,

shall, in order to be eligible for grant of

registration, undergo authentication, or

furnish proof of possession of Aadhaar

number of the Karta, Managing Director,

whole time Director, such number of

partners,

Members

of

Managing

Committee of Association, Board of

Trustees, authorised representative,

authorized signatory and such other class

of persons, in such manner, as the

Government may, on the recommendation

of the Council, specify in the said

notification:

Provided that where such person or class

of persons have not been assigned the

Aadhaar Number, such person or class of

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persons shall be offered alternate and

viable means of identification in such

manner as the Government may, on the

recommendations of the Council, specify

in the said notification.

(6D) The provisions of sub-section (6A)

or sub-section (6B) or sub-section (6C) shall

not apply to such person or class of persons

or part of the State, as the Government

may, on the recommendations of the

Council, specify by notification.

Explanation.— For the purposes of this

section, the expression “Aadhaar number”

shall have the same meaning as assigned

to it in clause (a) of section 2 of the Aadhaar

(Targeted Delivery of Financial and Other

Subsidies, Benefits and Services) Act,

2016.”.

6. Insertion of new section 31A.— After

section 31 of the principal Act, the following

section shall be inserted, namely:––

“31A. Facility of digital payment to

recipient.— The Government may, on the

recommendations of the Council, prescribe

a class of registered persons who shall

provide prescribed modes of electronic

payment to the recipient of supply of goods

or services or both made by him and give

option to such recipient to make payment

accordingly, in such manner and subject

to such conditions and restrictions, as may

be prescribed.”.

7. Amendment of section 39.— In section

39 of the principal Act,––

(a) for sub-sections (1) and (2), the

following sub-sections shall be substituted,

namely:––

“(1) Every registered person, other

than an Input Service Distributor or a

non-resident taxable person or a person

paying tax under the provisions of

section 10 or section 51 or section 52

shall, for every calendar month or part

thereof, furnish, a return, electronically,

of inward and outward supplies of goods

or services or both, input tax credit

availed, tax payable, tax paid and such

other particulars, in such form and

manner, and within such time, as may

be prescribed:

Provided that the Government may, on

the recommendations of the Council,

notify certain class of registered persons

who shall furnish a return for every

quarter or part thereof, subject to such

conditions and restrictions as may be

specified therein.

(2) A registered person paying tax

under the provisions of section 10, shall,

for each financial year or part thereof,

furnish a return, electronically, of

turnover in the State, inward supplies of

goods or services or both, tax payable,

tax paid and such other particulars in

such form and manner, and within such

time, as may be prescribed.”;

(b) for sub-section (7), the following sub-

-section shall be substituted, namely:––

“(7) Every registered person who is

required to furnish a return under

sub-section (1), other than the person

referred to in the proviso thereto, or

sub-section (3) or sub-section (5), shall

pay to the Government the tax due as

per such return not later than the last

date on which he is required to furnish

such return:

Provided that every registered person

furnishing return under the proviso to

sub-section (1) shall pay to the

Government, the tax due taking into

account inward and outward supplies

of goods or services or both, input tax

credit availed, tax payable and such

other particulars during a month, in such

form and manner, and within such time,

as may be prescribed:

Provided further that every registered

person furnishing return under sub-

-section (2) shall pay to the Government

the tax due taking into account turnover

in the State, inward supplies of goods or

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services or both, tax payable, and such

other particulars during a quarter, in

such form and manner, and within such

time, as may be prescribed.”.

8. Amendment of section 44.— In section

44 of the principal Act, in sub-section (1), the

following provisos shall be inserted,

namely:—

“Provided that the commissioner may,

on the recommendations of the Council

and for reasons to be recorded in writing,

by notification, extend the time limit for

furnishing the annual return for such class

of registered persons as may be specified

therein:

Provided further that any extension of

time limit notified by the Commissioner of

Central tax shall be deemed to be notified

by the Commissioner.”.

9. Amendment of section 49.— In section

49 of the principal Act, after sub-section (9),

the following sub-sections shall be inserted,

namely:—

“(10) A registered person may, on the

common portal, transfer any amount of tax,

interest, penalty, fee or any other amount

available in the electronic cash ledger

under this Act, to the electronic cash ledger

for integrated tax, central tax, State tax, or

cess, in such form and manner and subject

to such conditions and restrictions as may

be prescribed and such transfer shall be

deemed to be a refund from the electronic

cash ledger under this Act.

(11) Where any amount has been

transferred to the electronic cash ledger

under this Act, the same shall be deemed

to be deposited in the said ledger as

provided in sub-section (1).”.

10. Amendment of section 50.—In section

50 of the principal Act, in sub-section (1), the

following proviso shall be inserted, namely:—

“Provided that the interest on tax

payable in respect of supplies made during

a tax period and declared in the return for

the said period furnished after the due date

in accordance with the provisions of section

39, except where such return is furnished

after commencement of any proceedings

under section 73 or section 74 in respect

of the said period, shall be levied on that

portion of the tax that is paid by debiting

the electronic cash ledger.”.

11. Amendment of section 52.— In section

52 of the Principal Act,—

(i) In sub-section (4), the following

provisos shall be inserted, namely:—

“Provided that the Commissioner may,

for the reasons to be recorded in writing,

by notification, extend the time limit for

furnishing the statement for such class

of registered persons as may be specified

therein:

Provided further that any extension of

time limit notified by the Commissioner

of Central tax shall be deemed to be

notified by the Commissioner.”;

(ii) In sub-section (5), the following

provisos shall be inserted, namely:—

“Provided that the Commissioner may,

on the recommendation of the Council

and for the reasons to be recorded in

writing, by notification, extend the time

limit for furnishing the annual statement

for such class of registered persons as

may be specified therein:

Provided further that any extension of

time limit notified by the Commissioner

of Central tax shall be deemed to be

notified by the Commissioner.”.

12. Insertion of new section 53A.— After

section 53 of the principal Act, the following

section shall be inserted, namely:—

“53A. Transfer of certain amounts.—

Where any amount has been transferred

from the electronic cash ledger under this

Act to the electronic cash ledger under the

Central Goods and Services Tax Act or

under the Integrated Goods and Services

Tax Act or under the Goods and Services

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Tax (Compensation to States) Act, the

Government shall, transfer to the central

tax account or integrated tax account or

cess account, an amount equal to the

amount transferred from the electronic cash

ledger, in such manner and within such

time as may be prescribed.”.

13. Amendment of section 54.— In section

54 of the principal Act, after sub-section (8),

the following sub-section shall be inserted,

namely:—

“(8A) Where the Central Government

has disbursed the refund of State tax, the

Government shall transfer an amount equal

to the amount so refunded, to the Central

Government.”.

14. Amendment of section 95.— In section

95 of the principal Act,––

(i) in clause (a),—

(a) after the words “Appellate

Authority”, the words “or the National

Appellate Authority” shall be inserted;

(b) after the words and figures “of

section 100”, the words, figures and

letter “or of section 101C of the Central

Goods and Services Tax Act” shall be

inserted;

(ii) after clause (e), the following clause

shall be inserted, namely:—

“(f) “National Appellate Authority”

means the National Appellate Authority

for Advance Ruling referred to in section

101A.”.

15. Insertion of new sections 101A.— After

section 101 of the principal Act, the following

section shall be inserted, namely:—

“101A. National Appellate Authority for

Advance Ruling under Central Goods and

Services Tax Act, shall be Appellate

Authority under this Act.— Subject to the

provisions of this chapter, for the purposes

of this Act, the National Appellate

Authority for Advance Ruling constituted

under section 101A of the Central Goods

and Services Tax Act shall be deemed to

be the National Appellate Authority for

Advance Ruling under this Act.”.

16. Amendment of section 102.— In section

102 of the principal Act, in the opening

portion,––

(a)

after

the

words

“Appellate

Authority”, at both the places where they

occur, the words “or the National Appellate

Authority” shall be inserted;

(b) after the words and figures “or

section 101”, the words, figures and letter

“or section 101C of the Central Goods and

Services Tax Act, respectively,” shall be

inserted;

(c) for the words “or the appellant”, the

words, “appellant, the Authority or the

Appellate Authority” shall be substituted.

17. Amendment of section 103.— In section

103 of the principal Act with effect from 1st

day of September 2019,––

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

sub-section shall be inserted, namely:—

“(1A)

The

Advance

Ruling

pronounced by the National Appellate

Authority under this Chapter shall be

binding on—

(a) the applicants, being distinct

persons, who had sought the ruling

under sub-section (1) of section 101B

of Central Goods and Services Tax Act

and all registered persons having the

same Permanent Account Number

issued under the Income-tax Act,

1961;

(b) the concerned officers and the

jurisdictional officers in respect of the

applicants referred to in clause (a) and

the registered persons having the

same Permanent Account Number

issued under the Income-tax Act,

1961.”;

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

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

the words, brackets, figure and letter “and

sub-section (1A)” shall be inserted.

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18. Amendment of section 104.— In section

104 of the principal Act, in sub-section (1),

(a) after the words “Authority or the

Appellate Authority”, the words “or the

National Appellate Authority” shall be

inserted;

(b) after the words and figures “of

section 101”, the words, figures and letter

“or under section 101C of the Central

Goods and Services Tax Act” shall be

inserted.

19. Amendment of section 105.— In section

105 of the principal Act,––

(a) for the marginal heading, the

following marginal heading shall be

substituted, namely:–

“Powers of Authority, Appellate

Authority and National Appellate

Authority”;

(b) in sub-section (1), after the words

“Appellate Authority”, the words “or the

National Appellate Authority” shall be

inserted;

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

“Appellate Authority at both the places

where they occur”, the words “or the

National Appellate Authority” shall be

inserted.

20. Amendment of section 106.— In section

106 of the principal Act,––

(a) for the marginal heading, the

following marginal heading shall be

substituted, namely:—

“Procedure of Authority, Appellate

Authority and National Appellate

Authority”;

(b)

after

the

words

“Appellate

Authority”, the words “or the National

Appellate Authority” shall be inserted.

21. Amendment of section 171.— In section

171 of the principal Act, after sub-section (3),

the following Amendment shall be inserted,

namely:—

“(3A) Where the Authority referred to in

sub-section (2) after holding examination

as required under the said sub-section

comes to the conclusion that any registered

person has profiteered under sub-section

(1), such person shall be liable to pay

penalty equivalent to ten per cent. of the

amount so profiteered:

Provided that no penalty shall be leviable

if the profiteered amount is deposited within

thirty days of the date of passing of the

order by the Authority.

Explanation.— For the purposes of this

section, the expression “profiteered” shall

mean the amount determined on account

of not passing the benefit of reduction in

rate of tax on supply of goods or services

or both or the benefit of input tax credit to

the recipient by way of commensurate

reduction in the price of the goods or

services or both.”.

________

NOTES ON CLAUSES (for Goa GST

(Amendment) Act, 2020)

Clause 1 of the Bill provides for the Short

title and commencement.

Clause 2 of the Bill seeks to amend clause

(4) of section 2 of the principal Act to insert

the words “the National Appellate Authority

for Advance Ruling” in the definition of

“adjudicating authority” so as to exclude that

authority from the definition of adjudicating

authority.

Clause 3 of the Bill seeks to amend section

10 of the principal Act so as to provide

alternative composition scheme for supplier

of services or mixed suppliers (not eligible

for the earlier composition scheme) having

an annual turnover in preceding financial

year upto rupees fifty lakhs.

Clause 4 of the Bill seeks to amend section

22 of the principal Act so as to provide for

higher threshold exemption limit from rupees

twenty lakhs to such amount not exceeding

rupees forty lakhs in case of supplier who is

engaged exclusively in the supply of goods.

Clause 5 of the Bill seeks to amend section

25 of the principal Act so as to provide

for mandatory Aadhaar submission or

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authentication for persons who intend to take

or have taken registration under the said Act

in such manner as may be notified by the

Government on the recommendations of the

Council.

Clause 6 of the Bill seeks to insert a new

section 31A in the Principal Act to provide

that supplier shall mandatorily offer facility

for digital payments to his recipient.

Clause 7 of the Bill seeks to amend section

39 of the principal Act so as to provide for

furnishing of annual returns and for quarterly

payment of tax by taxpayer who opts for

composition levy and to provide for certain

other category of tax payers, an option for

quarterly and monthly payments under the

proposed new return filing system.

Clause 8 of the Bill seeks to amend section

44 of the principal Act so as to empower the

Commissioner to extend the due date for

furnishing Annual return and reconciliation

statement.

Clause 9 of the Bill seeks to amend section

49 of the principal Act so as to provide facility

to the taxpayer to transfer an amount from

one head to another in the electronic cash

ledger.

Clause 10 of the Bill seeks to amend section

50 of the principal Act so as to provide for

charging interest only on the net cash tax

liability, except in those cases where tax is

paid subsequent to initiation of any

proceedings under section 73 or 74 of the

Act.

Clause 11 of the Bill seeks to amend section

52 of the principal Act so as to empower the

Commissioner to extend the due date for

furnishing of monthly and annual statement

by the person collecting tax at source.

Clause 12 of the Bill seeks to insert a new

section 53A in the principal Act so as to

provide for transfer of amount in the electronic

cash ledger between the Centre and States

as a consequence of the new facility given to

the tax payer under section 49.

Clause 13 of the Bill seeks to amend section

54 of the principal Act so as to empower the

State Government to transfer the refund

amount disbursed to the taxpayers by Central

Government in respect of refund of State

taxes.

Clause 14 of the Bill seeks to amend section

95 so as to insert National Appellate Authority

in the definition of Advance Ruling.

Clause 15 of the Bill seeks to insert New

section 101A so as to provide that National

Appellate Authority for Advance Ruling

constituted under section 101A of Central

Goods and Services Tax Act is deemed to be

the National Appellate Authority for Advance

Ruling under principal Act, wherein it is

provided for constitution, qualification,

appointment, tenure, conditions of services

and manner of removal of the President and

Members of the National Appellate Authority

for Advance Ruling.

Clause 16 of the Bill seeks to amend section

102 of the principal Act so as to bring the

National Appellate Authority within the ambit

of that section to empower it to rectify its

advance ruling.

Clause 17 of the Bill seeks to amend section

103 of the principal Act so as to provide that

the advance ruling pronounced by the

National Appellate Authority shall be binding

on the applicants, being distinct persons and

all registered persons having the same

Permanent Account Number and on the

concerned officers or the jurisdictional officers

in respect of the said applicants and the

registered persons having the same

Permanent Account Number. It also provides

that the ruling shall be binding unless there

is a change in law or facts.

Clause 18 of the Bill seeks to amend section

104 of the principal Act to provide that

advance

ruling

pronounced

by

the

National Appellate Authority shall be void

where the ruling has been obtained by

fraud or suppression of material facts or

misrepresentation of facts.

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1248

Clause 19 of the Bill seeks to amend section

105 of the principal Act so as to provide that

the National Appellate Authority shall have

all the powers of a civil court under the Code

of Civil Procedure, 1908 for the purpose of

exercising its powers under the Act.

Clause 20 of the Bill seeks to amend section

106 of the principal Act to provide that the

National Appellate Authority shall have power

to regulate its own procedure.

Clause 21 of the Bill seeks to amend section

171 of the principal Act to insert new

sub-section (3A) therein so as to empower

the Authority specified under sub-section (2)

thereof to impose penalty equivalent to ten

per cent. of the profiteered amount.

Financial Memorandum

The proposed Goa Goods and Services Tax

(Amendment) Bill, 2020 does not involve any

recurring or non-recurring expenditure from

the Consolidated Fund of the State.

Memorandum Regarding Delegated

Legislation

Clause 3 of the Bill empowers the

Government to issue notifications, notifying

the manufacturer of goods and services to

provide alternative composition scheme for

supplier of services or mixed suppliers (not

eligible for the earlier composition scheme)

having an annual turnover in preceding

financial year upto rupees fifty lakhs.

Clause 4 of the Bill empowers the

Government to issue notifications, Enhancing

the aggregate turnover from twenty lakh

rupees to such amount not exceeding forty

lakh rupees in case of supplier who is

engaged exclusively in the supply of goods.

Clause 5 of the Bill empowers the

Government to prescribe the alternate and

viable means of identification if Aadhaar

Number is not assigned to a registered person

and also the form, manner and time for

authentication of Aadhaar number.

Clause 6 of the Bill empowers the

Government to prescribe class of registered

persons who shall provide prescribed modes

of electronic payment to the recipient of

supply of goods or services or both.

Clause 7 of the Bill empowers the

Government to prescribe the form, manner,

time and conditions for filing a return,

electronically, of inward and outward supplies

of goods or services or both, input tax credit

availed, tax payable, tax paid.

Clause 8 of the Bill empowers the

commissioner to issue notification to extend

the time limit for furnishing the annual return

for such class of registered persons

Clause 9 of the Bill empowers the

Government to prescribe the form and

manner and subject to such conditions and

restrictions for transfer of any amount of tax,

interest, penalty, fee or any other amount

available in the electronic cash ledger under

the Goa Goods and Services Tax Act, 2017, to

the electronic cash ledger for integrated tax,

central tax, State tax, or cess.

Clause 11 of the Bill empowers the

Commissioner to issue notification to extend

the time limit for furnishing the statement for

such class of registered persons.

Clause 12 of the Bill empowers the

Government to prescribe the date and time

for transfer of amount of refund of State tax

disbursed by Central Government.

The delegations are of normal character.

Assembly Hall,

Shri PRAMOD P. SAWANT

Porvorim, Goa.

Hon. Chief Minister/

7th January, 2020.

/Finance Minister

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the Legislative

Assembly of Goa.

Governor’s Recommendation under Article

207 of the Constitution of India

In pursuance of Article 207 of the

Constitution of India, I, Satya Pal Malik, the

Governor of Goa hereby recommend to the

OFFICIAL GAZETTE — GOVT. OF GOA

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1249

Legislative Assembly of Goa, the introduction

and consideration of the Goa Goods and

Services Tax (Amendment) Bill, 2020.

RAJ BHAVAN

SATYA PAL MALIK

Date: 07-01-2020.

Governor of Goa.

________

ANNEXURE

................................................................................................................

EXTRACTS FROM THE GOA GOODS AND

SERVICES TAX ACT, 2017

(Goa Act 4 OF 2017)

..................................................................................................................

CHAPTER I

Preliminary

2. Definitions.— In this Act, unless the context

otherwise requires,––

(4) “adjudicating authority” means any

authority, appointed or authorised to pass any

order or decision under this Act, but does not

include the Commissioner, Revisional Authority,

the Authority for Advance Ruling, the Appellate

Authority for Advance Ruling, the Appellate

Authority, the Appellate Tribunal and the

Authority referred to in sub-section (2) of

section 171.

CHAPTER III

Levy and Collection of Tax

10. Composition levy.—

(1) Notwithstanding anything to the contrary

contained in this Act but subject to the provisions

of sub-sections (3) and (4) of section 9, a registered

person, whose aggregate turnover in the preceding

financial year did not exceed fifty lakh rupees may

opt to pay, in lieu of the tax payable by him under

sub-section (1) of section 9, an amount of tax

calculated at such rate as may be prescribed, but

not exceeding,—

(a) one per cent. of the turnover in State in

case of a manufacturer,

(b) two and a half per cent. of the turnover in

State in case of persons engaged in making

supplies referred to in clause (b) of paragraph 6

of Schedule II, and

(c) half per cent. of the turnover in State in

case of other suppliers, subject to such conditions

and restrictions as may be prescribed:

Provided that the Government may, by

notification, increase the said limit of fifty lakh

rupees to such higher amount, not exceeding

one crore and fifty lakh rupees, as may be

recommended by the Council.

Provided further that a person who opts to

pay tax under clause (a) or clause (b) or clause

(c) may supply services (other than those referred

to in clause (b) of paragraph 6 of Schedule II), of

value not exceeding ten percent of turnover in

the State in the preceding financial year or five

lakh rupees, whichever is higher.

(2) The registered person shall be eligible to opt

under sub-section (1), if—

(a) save as provided in sub-section (1), he is

not engaged in the supply of services;

(b) he is not engaged in making any supply of

goods which are not leviable to tax under this

Act;

(c) he is not engaged in making any inter-

-State outward supplies of goods;

(d) he is not engaged in making any supply of

goods through an electronic commerce operator

who is required to collect tax at source under

section 52; and

(e) he is not a manufacturer of such goods as

may be notified by the Government on the

recommendations of the Council:

Provided that where more than one registered

persons are having the same Permanent Account

Number (issued under the Income-tax Act

1961(Central Act 43 of 1961)), the registered

person shall not be eligible to opt for the scheme

under sub-section (1) unless all such registered

persons opt to pay tax under that sub-section.

(3) The option availed of by a registered person

under sub-section (1) shall lapse with effect from

the day on which his aggregate turnover during a

financial year exceeds the limit specified under

sub-section (1).

(4) A taxable person to whom the provisions of

sub-section (1) apply shall not collect any tax from

the recipient on supplies made by him nor shall he

be entitled to any credit of input tax.

(5) If the proper officer has reasons to believe

that a taxable person has paid tax under sub-section

(1) despite not being eligible, such person shall, in

addition to any tax that may be payable by him

under any other provisions of this Act, be liable to

a penalty and the provisions of section 73 or section

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74 shall, mutatis mutandis, apply for determination

of tax and penalty.

CHAPTER - VI

Registration

22. Persons liable for registration.— (1) Every

supplier making a taxable supply of goods or

services or both in the State shall be liable to be

registered under this Act if his aggregate turnover

in a financial year exceeds twenty lakh rupees:

Provided that where such person makes taxable

supplies of goods or services or both from any of

the special category States, he shall be liable to be

registered if his aggregate turnover in a financial

year exceeds ten lakh rupees.

Provided further that where such person makes

taxable supplies of goods or services or both from

a special category State in respect of which the

Central Government has enhanced the aggregate

turnover referred to in the first proviso, he shall be

liable to be registered if his aggregate turnover in

a financial year exceeds the amount equivalent to

such enhanced turnover.

(2) Every person who, on the day immediately

preceding the appointed day, is registered or holds

a license under an existing law, shall be liable to

be registered under this Act with effect from the

appointed day.

(3) Where a business carried on by a taxable

person registered under this Act is transferred,

whether on account of succession or otherwise, to

another person as a going concern, the transferee

or the successor, as the case may be, shall be liable

to be registered with effect from the date of such

transfer or succession.

(4) Notwithstanding anything contained in sub-

-sections (1) and (3), in a case of transfer pursuant

to sanction of a scheme or an arrangement for

amalgamation or, as the case may be, de-merger of

two or more companies pursuant to an order of a

High Court, Tribunal or otherwise, the transferee

shall be liable to be registered, with effect from the

date on which the Registrar of Companies issues a

certificate of incorporation giving effect to such

order of the High Court or Tribunal.

Explanation.— For the purposes of this

section,— (i) the expression “aggregate

turnover” shall include all supplies made by the

taxable person, whether on his own account or

made on behalf of all his principals;

(ii) the supply of goods, after completion of job

work, by a registered job worker shall be treated

as the supply of goods by the principal referred

to in section 143, and the value of such goods

shall not be included in the aggregate turnover

of the registered job worker;

(iii) the expression “special category States”

shall mean the States as specified in sub-clause

(g) of clause (4) of article 279A of the Constitution

except the State of Jammu and Kashmir and

States of Arunachal Pradesh, Assam, Himachal

Pradesh, Meghalaya, Sikkim and Uttarakhand.

25. Procedure for registration.— (1) Every person

who is liable to be registered under section 22 or

section 24 shall apply for registration within thirty

days from the date on which he becomes liable to

registration, in such manner and subject to such

conditions as may be prescribed.

Provided that a casual taxable person or a non-

-resident taxable person shall apply for registration

at least five days prior to the commencement of

business.

Provided further that a person having a unit, as

defined in the Special Economic Zones Act, 2005

(Central Act 28 of 2005), in a Special Economic

Zone or being a Special Economic Zone developer

shall have to apply for a separate registration, as

distinct from his place of business located outside

the Special Economic Zone in the State.

Explanation.— Every person who makes a supply

from the territorial waters of India shall obtain

registration in the State where the nearest point of

the appropriate baseline is located in the State.

(2) A person seeking registration under this Act

shall be granted a single registration:

Provided that a person having multiple places of

business in the State may be granted a separate

registration for each such place of business, subject

to such conditions as may be prescribed.

(3) A person, though not liable to be registered

under section 22 or section 24 may get himself

registered voluntarily, and all provisions of this Act,

as are applicable to a registered person, shall apply

to such person.

(4) A person who has obtained or is required to

obtain more than one registration, whether in one

State or Union territory or more than one State or

Union territory shall, in respect of each such

registration, be treated as distinct persons for the

purposes of this Act.

(5) Where a person who has obtained or is

required to obtain registration in a State or Union

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territory in respect of an establishment, has an

establishment in another State or Union territory,

then such establishments shall be treated as

establishments of distinct persons for the purposes

of this Act.

(6) Every person shall have a Permanent Account

Number issued under the Income-tax Act, 1961

(Central Act 43 of 1961) in order to be eligible for

grant of registration:

Provided that a person required to deduct tax

under section 51 may have, in lieu of a Permanent

Account Number, a Tax Deduction and Collection

Account Number issued under the said Act in order

to be eligible for grant of registration.

(7) Notwithstanding anything contained in sub-

-section (6), a non-resident taxable person may be

granted registration under sub-section (1) on the

basis of such other documents as may be

prescribed.

(8) Where a person who is liable to be registered

under this Act fails to obtain registration, the proper

officer may, without prejudice to any action which

may be taken under this Act or under any other

law for the time being in force, proceed to register

such person in such manner as may be prescribed.

(9) Notwithstanding anything contained in

sub-section (1),––

(a) any specialised agency of the United

Nations Organisation or any Multilateral

Financial Institution and Organisation notified

under the United Nations (Privileges and

Immunities) Act, 1947 (Central Act 46 of 1947),

Consulate or Embassy of foreign countries; and

(b) any other person or class of persons, as

may be notified by the Commissioner,

shall be granted a Unique Identity Number in

such manner and for such purposes, including

refund of taxes on the notified supplies of goods or

services or both received by them, as may be

prescribed.

(10) The registration or the Unique Identity

Number shall be granted or rejected after due

verification in such manner and within such period

as may be prescribed.

(11) A certificate of registration shall be issued

in such form and with effect from such date as may

be prescribed.

(12) A registration or a Unique Identity Number

shall be deemed to have been granted after the

expiry of the period prescribed under sub-section

(10), if no deficiency has been communicated to the

applicant within that period.

CHAPTER- IX

Returns

39. Furnishing of returns.— (1) Every registered

person, other than an Input Service Distributor or

a non-resident taxable person or a person paying

tax under the provisions of section 10 or section 51

or section 52 shall, for every calendar month or part

thereof, furnish, in such form and manner as may

be prescribed, a return, electronically, of inward

and outward supplies of goods or services or both,

input tax credit availed, tax payable, tax paid and

such other particulars as may be prescribed on or

before the twentieth day of the month succeeding

such calendar month or part thereof.

(2) A registered person paying tax under the

provisions of section 10 shall, for each quarter or

part thereof, furnish, in such form and manner as

may be prescribed, a return, electronically, of

turnover in the State, inward supplies of goods or

services or both, tax payable and tax paid within

eighteen days after the end of such quarter.

(3) Every registered person required to deduct

tax at source under the provisions of section 51

shall furnish, in such form and manner as may be

prescribed, a return, electronically, for the month

in which such deductions have been made within

ten days after the end of such month.

(4) Every taxable person registered as an Input

Service Distributor shall, for every calendar month

or part thereof, furnish, in such form and manner as

may be prescribed, a return, electronically, within

thirteen days after the end of such month.

(5) Every registered non-resident taxable person

shall, for every calendar month or part thereof,

furnish, in such form and manner as may be

prescribed, a return, electronically, within twenty

days after the end of a calendar month or within

seven days after the last day of the period of

registration specified under sub-section (1) of

section 27, whichever is earlier.

(6) The Commissioner may, for reasons to be

recorded in writing, by notification, extend the time

limit for furnishing the returns under this section

for such class of registered persons as may be

specified therein:

Provided that any extension of time limit notified

by the Commissioner of central tax shall be deemed

to be notified by the Commissioner.

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(7) Every registered person, who is required to

furnish a return under sub-section (1) or sub-section

(2) or sub-section (3) or sub-section (5), shall pay to

the Government the tax due as per such return not

later than the last date on which he is required to

furnish such return.

(8) Every registered person who is required to

furnish a return under sub-section (1) or sub-section

(2) shall furnish a return for every tax period whether

or not any supplies of goods or services or both

have been made during such tax period.

(9) Subject to the provisions of sections 37 and

38, if any registered person after furnishing a return

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

(3) or sub-section (4) or sub-section (5) discovers

any omission or incorrect particulars therein, other

than as a result of scrutiny, audit, inspection or

enforcement activity by the tax authorities, he shall

rectify such omission or incorrect particulars in the

return to be furnished for the month or quarter

during which such omission or incorrect particulars

are noticed, subject to payment of interest under

this Act:

Provided that no such rectification of any

omission or incorrect particulars shall be allowed

after the due date for furnishing of return for the

month of September or second quarter following

the end of the financial year, or the actual date of

furnishing of relevant annual return, whichever is

earlier.

(10) A registered person shall not be allowed to

furnish a return for a tax period if the return for any

of the previous tax periods has not been furnished

by him.

44. Annual return.— (1) 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.

(2) Every registered person who is required to

get his accounts audited in accordance with the

provisions of sub-section (5) of section 35 shall

furnish, electronically, the annual return under

sub-section (1) along with a copy of the audited

annual accounts and a reconciliation statement,

reconciling the value of supplies declared in the

return furnished for the financial year with the

audited annual financial statement, and such other

particulars as may be prescribed.

CHAPTER-X

Payment of Tax

49. Payment of tax, interest, penalty and other

amounts.— (1) Every deposit made towards tax,

interest, penalty, fee or any other amount by a

person by internet banking or by using credit or

debit cards or National Electronic Fund Transfer or

Real Time Gross Settlement or by such other mode

and subject to such conditions and restrictions as

may be prescribed, shall be credited to the

electronic cash ledger of such person to be

maintained in such manner as may be prescribed.

(2) The input tax credit as self-assessed in the

return of a registered person shall be credited to

his electronic credit ledger, in accordance with

section 41, to be maintained in such manner as

may be prescribed.

(3) The amount available in the electronic cash

ledger may be used for making any payment

towards tax, interest, penalty, fees or any other

amount payable under the provisions of this Act or

the rules made thereunder in such manner and

subject to such conditions and within such time as

may be prescribed.

(4) The amount available in the electronic credit

ledger may be used for making any payment

towards output tax under this Act or under the

Integrated Goods and Services Tax Act in such

manner and subject to such conditions and within

such time as may be prescribed.

(5) The amount of input tax credit available in

the electronic credit ledger of the registered person

on account of––

(a) integrated tax shall first be utilised towards

payment of integrated tax and the amount

remaining, if any, may be utilised towards the

payment of central tax and State tax, or as the

case may be, Union territory tax, in that order;

(b) the central tax shall first be utilised

towards payment of central tax and the amount

remaining, if any, may be utilised towards the

payment of integrated tax;

(c) the State tax shall first be utilised towards

payment of State tax and the amount remaining,

if any, may be utilised towards the payment of

integrated tax;

Provided that the input tax credit on account

of State tax shall be utilized towards payment of

integrated tax only where the balance of the

input tax credit on account of central tax is not

available for payment of integrated tax;

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(d) the Union territory tax shall first be utilised

towards payment of Union territory tax and the

amount remaining, if any, may be utilised towards

the payment of integrated tax;

Provided that the input tax credit on account

of Union territory tax shall be utilized towards

payment of integrated tax only where the balance

of the input tax credit on account of central tax

is not available for payment of integrated tax;

(e) the central tax shall not be utilised towards

payment of State taxor Union territory tax; and

(f) the State tax or Union territory tax shall not

be utilised towards payment of central tax.

(6) The balance in the electronic cash ledger or

electronic credit ledger after payment of tax,

interest, penalty, fee or any other amount payable

under this Act or the rules made thereunder may

be refunded in accordance with the provisions of

section 54.

(7) All liabilities of a taxable person under this

Act shall be recorded and maintained in an

electronic liability register in such manner as may

be prescribed.

(8) Every taxable person shall discharge his tax

and other dues under this Act or the rules made

thereunder in the following order, namely:––

(a) self-assessed tax, and other dues related to

returns of previous tax periods;

(b) self-assessed tax, and other dues related to

the return of the current tax period;

(c) any other amount payable under this Act

or the rules made thereunder including the

demand determined under section 73 or

section 74.

(9) Every person who has paid the tax on goods

or services or both under this Act shall, unless the

contrary is proved by him, be deemed to have

passed on the full incidence of such tax to the

recipient of such goods or services or both.

Explanation.— For the purposes of this section,

(a) the date of credit to the account of the

Government in the authorised bank shall be

deemed to be the date of deposit in the electronic

cash ledger;

(b) the expression,-

(i) “tax dues” means the tax payable under

this Act and does not include interest, fee

and penalty; and

(ii) “other dues” means interest, penalty,

fee or any other amount payable under this

Act or the rules made thereunder.

50. Interest on delayed payment of tax.— (1) Every

person who is liable to pay tax in accordance with

the provisions of this Act or the rules made

thereunder, but fails to pay the tax or any part

thereof to the Government within the period

prescribed, shall for the period for which the tax or

any part thereof remains unpaid, pay, on his own,

interest at such rate, not exceeding eighteen per

cent., as may be notified by the Government on the

recommendations of the Council.

(2) The interest under sub-section (1) shall be

calculated, in such manner as may be prescribed,

from the day succeeding the day on which such

tax was due to be paid.

(3) A taxable person who makes an undue or

excess claim of input tax credit under sub-section

(10) of section 42 or undue or excess reduction in

output tax liability under sub-section (10) of section

43, shall pay interest on such undue or excess claim

or on such undue or excess reduction, as the case

may be, at such rate not exceeding twenty-four per

cent., as may be notified by the Government on the

recommendations of the Council.

52. Collection of tax at source.— (1) Notwith-

standing anything to the contrary contained in this

Act, every electronic commerce operator (hereafter

in this section referred to as the “operator”), not

being an agent, shall collect an amount calculated

at such rate not exceeding one per cent., as

may be notified by the Government on the

recommendations of the Council, of the net value of

taxable supplies made through it by other suppliers

where the consideration with respect to such

supplies is to be collected by the operator.

Explanation.— For the purposes of this sub-

-section, the expression “net value of taxable

supplies” shall mean the aggregate value of taxable

supplies of goods or services or both, other than

services notified under sub-section (5) of section 9,

made during any month by all registered persons

through the operator reduced by the aggregate

value of taxable supplies returned to the suppliers

during the said month.

(2) The power to collect the amount specified in

sub-section (1) shall be without prejudice to any

other mode of recovery from the operator.

(3) The amount collected under sub-section (1)

shall be paid to the Government by the operator

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within ten days after the end of the month in which

such collection is made, in such manner as may be

prescribed.

(4) Every operator who collects the amount

specified in sub-section (1) shall furnish a statement,

electronically, containing the details of outward

supplies of goods or services or both effected

through it, including the supplies of goods or

services or both returned through it, and the amount

collected under sub-section (1) during a month, in

such form and manner as may be prescribed, within

ten days after the end of such month.

(5) Every operator who collects the amount

specified in sub-section (1) shall furnish an annual

statement, electronically, containing the details of

outward supplies of goods or services or both

effected through it, including the supplies of goods

or services or both returned through it, and the

amount collected under the said sub-section during

the financial year, in such form and manner as may

be prescribed, before the thirty first day of

December following the end of such financial year.

(6) If any operator after furnishing a statement

under sub-section (4) discovers any omission or

incorrect particulars therein, other than as a result

of scrutiny, audit, inspection or enforcement activity

by the tax authorities, he shall rectify such omission

or incorrect particulars in the statement to be

furnished for the month during which such omission

or incorrect particulars are noticed, subject to

payment of interest, as specified in sub-section (1)

of section 50:

Provided that no such rectification of any

omission or incorrect particulars shall be allowed

after the due date for furnishing of statement for

the month of September following the end of the

financial year or the actual date of furnishing of the

relevant annual statement, whichever is earlier.

(7) The supplier who has supplied the goods or

services or both through the operator shall claim

credit, in his electronic cash ledger, of the amount

collected and reflected in the statement of the

operator furnished under sub-section (4), in such

manner as may be prescribed.

(8) The details of supplies furnished by every

operator under sub-section (4) shall be matched

with the corresponding details of outward supplies

furnished by the concerned supplier registered

under this Act in such manner and within such

time as may be prescribed.

(9) Where the details of outward supplies

furnished by the operator under sub-section (4) do

not match with the corresponding details furnished

by the supplier under section 37 or section 39, the

discrepancy shall be communicated to both persons

in such manner and within such time as may be

prescribed.

(10) The amount in respect of which any

discrepancy is communicated under sub-section (9)

and which is not rectified by the supplier in his

valid return or the operator in his statement for the

month in which discrepancy is communicated, shall

be added to the output tax liability of the said

supplier, where the value of outward supplies

furnished by the operator is more than the value of

outward supplies furnished by the supplier, in his

return for the month succeeding the month in which

the discrepancy is communicated in such manner

as may be prescribed.

(11) The concerned supplier, in whose output

tax liability any amount has been added under

sub-section (10), shall pay the tax payable in respect

of such supply along with interest, at the rate

specified under sub-section (1) of section 50 on the

amount so added from the date such tax was due

till the date of its payment.

(12) Any authority not below the rank of Deputy

Commissioner may serve a notice, either before or

during the course of any proceedings under this

Act, requiring the operator to furnish such details

relating to—

(a) supplies of goods or services or both

effected through such operator during any

period; or

(b) stock of goods held by the suppliers making

supplies through such operator in the godowns

or warehouses, by whatever name called,

managed by such operator and declared as

additional places of business by such suppliers,

as may be specified in the notice.

(13) Every operator on whom a notice has been

served under sub-section (12) shall furnish the

required information within fifteen working days of

the date of service of such notice.

(14) Any person who fails to furnish the

information required by the notice served under

sub-section (12) shall, without prejudice to any

action that may be taken under section 122, be

liable to a penalty which may extend to twenty-

-five thousand rupees.

Explanation.— For the purposes of this section,

the expression “concerned supplier” shall mean

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the supplier of goods or services or both making

supplies through the operator.

CHAPTER XI

Refunds

54. Refund of tax.— (1) Any person claiming

refund of any tax and interest, if any, paid on such

tax or any other amount paid by him, may make an

application before the expiry of two years from the

relevant date in such form and manner as may be

prescribed:

Provided that a registered person, claiming

refund of any balance in the electronic cash ledger

in accordance with the provisions of sub-section

(6) of section--- 49, may claim such refund in the

return furnished under section 39 in such manner

as may be prescribed.

(2) A specialized agency of the United Nations

Organization or any Multilateral Financial

Institution and Organization notified under the

United Nations (Privileges and Immunities) Act,

1947 (Central Act 46 of 1947), Consulate or Embassy

of foreign countries or any other person or class of

persons, as notified under section 55, entitled to a

refund of tax paid by it on inward supplies of goods

or services or both, may make an application for

such refund, in such form and manner as may be

prescribed, before the expiry of six months from the

last day of the quarter in which such supply was

received.

(3) Subject to the provisions of sub-section (10),

a registered person may claim refund of any

unutilised input tax credit at the end of any tax

period:

Provided that no refund of unutilised input tax

credit shall be allowed in cases other than-

(i) zero-rated supplies made without payment

of tax;

(ii) where the credit has accumulated on

account of rate of tax on inputs being higher

than the rate of tax on output supplies (other

than nil rated or fully exempt supplies),

except supplies of goods or services or both as

may be notified by the Government on the

recommendations of the Council:

Provided further that no refund of unutilised

input tax credit shall be allowed in cases where

the goods exported out of India are subjected to

export duty:

Provided also that no refund of input tax credit

shall be allowed, if the supplier of goods or

services or both claims refund of the integrated

tax paid on such supplies.

(4) The application shall be accompanied by—

(a) such documentary evidence as may be

prescribed to establish that a refund is due to

the applicant; and

(b) such documentary or other evidence

(including the documents referred to in section

33) as the applicant may furnish to establish

that the amount of tax and interest, if any, paid

on such tax or any other amount paid in relation

to which such refund is claimed was collected

from, or paid by, him and the incidence of such

tax and interest had not been passed on to any

other person:

Provided that where the amount claimed as

refund is less than two lakh rupees, it shall not

be necessary for the applicant to furnish any

documentary and other evidences but he may

file a declaration, based on the documentary or

other evidences available with him, certifying

that the incidence of such tax and interest had

not been passed on to any other person.

(5) If, on receipt of any such application, the

proper officer is satisfied that the whole or part of

the amount claimed as refund is refundable, he

may make an order accordingly and the amount so

determined shall be credited to the Fund referred

to in section 57.

(6) Notwithstanding anything contained in sub-

-section (5), the proper officer may, in the case of

any claim for refund on account of zero-rated supply

of goods or services or both made by registered

persons, other than such category of registered

persons as may be notified by the Government on

the recommendations of the Council, refund on a

provisional basis, ninety per cent. of the total

amount so claimed, excluding the amount of input

tax credit provisionally accepted, in such manner

and subject to such conditions, limitations and

safeguards as may be prescribed and thereafter

make an order under sub-section (5) for final

settlement of the refund claim after due verification

of documents furnished by the applicant.

(7) The proper officer shall issue the order under

sub-section (5) within sixty days from the date of

receipt of application complete in all respects.

(8) Notwithstanding anything contained in

sub-section (5), the refundable amount shall, instead

of being credited to the Fund, be paid to the

applicant, if such amount is relatable to—

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(a) refund of tax paid on exports of goods or

services or both or on inputs or input services

used in making such exports;

(b) refund of unutilised input tax credit under

sub-section (3);

(c) refund of tax paid on a supply which is not

provided, either wholly or partially, and for which

invoice has not been issued, or where a refund

voucher has been issued;

(d) refund of tax in pursuance of section 77;

(e) the tax and interest, if any, or any other

amount paid by the applicant, if he had not

passed on the incidence of such tax and interest

to any other person; or

(f) the tax or interest borne by such other

class of applicants as the Government may, on

the recommendations of the Council, by

notification, specify.

(9) Notwithstanding anything to the contrary

contained in any judgment, decree, order or

direction of the Appellate Tribunal or any court or

in any other provisions of this Act or the rules

made thereunder or in any other law for the time

being in force, no refund shall be made except in

accordance with the provisions of sub-section (8).

(10) Where any refund is due under sub-section

(3) to a registered person who has defaulted in

furnishing any return or who is required to pay any

tax, interest or penalty, which has not been stayed

by any court, Tribunal or Appellate Authority by

the specified date, the proper officer may—

(a) withhold payment of refund due until the

said person has furnished the return or paid the

tax, interest or penalty, as the case may be;

(b) deduct from the refund due, any tax,

interest, penalty, fee or any other amount which

the taxable person is liable to pay but which

remains unpaid under this Act or under the

existing law.

Explanation.— For the purposes of this sub-

-section, the expression “specified date” shall mean

the last date for filing an appeal under this Act.

(11) Where an order giving rise to a refund is the

subject matter of an appeal or further proceedings

or where any other proceedings under this Act is

pending and the Commissioner is of the opinion

that grant of such refund is likely to adversely affect

the revenue in the said appeal or other proceedings

on account of malfeasance or fraud committed, he

may, after giving the taxable person an opportunity

of being heard, withhold the refund till such time

as he may determine.

(12) Where a refund is withheld under

sub-section (11), the taxable person shall,

notwithstanding anything contained in section 56,

be entitled to interest at such rate not exceeding

six per cent. as may be notified on the

recommendations of the Council, if as a result of

the appeal or further proceedings he becomes

entitled to refund.

(13) Notwithstanding anything to the contrary

contained in this section, the amount of advance

tax deposited by a casual taxable person or a non-

-resident taxable person under sub-section (2) of

section 27, shall not be refunded unless such person

has, in respect of the entire period for which the

certificate of registration granted to him had

remained in force, furnished all the returns required

under section 39.

(14) Notwithstanding anything contained in this

section, no refund under sub-section (5) or sub-

-section (6) shall be paid to an applicant, if the

amount is less than one thousand rupees.

Explanation.— For the purposes of this section,—

(1) “refund” includes refund of tax paid on

zero-rated supplies of goods or services or both

or on inputs or input services used in making

such zero-rated supplies, or refund of tax on the

supply of goods regarded as deemed exports, or

refund of unutilised input tax credit as provided

under sub-section (3).

(2) “relevant date” means—

(a) in the case of goods exported out of

India where a refund of tax paid is available

in respect of goods themselves or, as the case

may be, the inputs or input services used in

such goods,––

(i) if the goods are exported by sea or air,

the date on which the ship or the aircraft

in which such goods are loaded, leaves

India; or

(ii) if the goods are exported by land,

the date on which such goods pass the

frontier; or

(iii) if the goods are exported by post,

the date of despatch of goods by the Post

Office concerned to a place outside India;

(b) in the case of supply of goods regarded

as deemed exports where a refund of tax paid

is available in respect of the goods, the date

on which the return relating to such deemed

exports is furnished;

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(c) in the case of services exported out of

India where a refund of tax paid is available

in respect of services themselves or, as the

case may be, the inputs or input services used

in such services, the date of––

(i) receipt of payment in convertible

foreign exchange or in Indian rupees

wherever permitted by the Reserve Bank of

India, where the supply of services had

been completed prior to the receipt of such

payment; or

(ii) issue of invoice, where payment for

the services had been received in advance

prior to the date of issue of the invoice;

(d) in case where the tax becomes

refundable as a consequence of judgment,

decree, order or direction of the Appellate

Authority, Appellate Tribunal or any court, the

date of communication of such judgment,

decree, order or direction;

(e) in the case of refund of unutilised input

tax credit under clause (ii) of the first proviso

to sub-section (3), the due date for furnishing

of return under section 39 for the period in

which such claim for refund arises;

(f) in the case where tax is paid provisionally

under this Act or the rules made thereunder,

the date of adjustment of tax after the final

assessment thereof;

(g) in the case of a person, other than the

supplier, the date of receipt of goods or

services or both by such person; and

(h) in any other case, the date of payment

of tax.

CHAPTER XVII

Advance Ruling

95. Definitions.— (a) “advance ruling” means a

decision provided by the Authority or the Appellate

Authority to an applicant on matters or on

questions specified in sub-section (2) of section 97

or sub-section (1) of section 100, in relation to the

supply of goods or services or both being

undertaken or proposed to be undertaken by the

applicant;

(b) “Appellate Authority” means the Appellate

Authority for Advance Ruling constituted under

section 99;

(c) “applicant” means any person registered or

desirous of obtaining registration under this Act;

(d) “application” means an application made to

the Authority under sub-section (1) of section 97;

(e) “Authority” means the Authority for Advance

Ruling, constituted under section 96.

102. Rectification of advance ruling.— The

Authority or the Appellate Authority may amend

any order passed by it under section 98 or section

101, so as to rectify any error apparent on the face

of the record, if such error is noticed by the

Authority or the Appellate Authority on its own

accord, or is brought to its notice by the concerned

officer, the jurisdictional officer, or the applicant or

the appellant within a period of six months from

the date of the order:

Provided that no rectification which has the

effect of enhancing the tax liability or reducing the

amount of admissible input tax credit shall be made

unless the applicant or the appellant has been given

an opportunity of being heard.

103. Applicability of advance ruling.— (1)

The advance ruling pronounced by the Authority

or the Appellate Authority under this Chapter shall

be binding only—

(a) on the applicant who had sought it

in respect of any matter referred to in sub-section

(2) of section 97 for advance ruling;

(b) on the concerned officer or the

jurisdictional officer in respect of the applicant.

(2) The advance ruling referred to in sub-section

(1) shall be binding unless the law, facts or

circumstances supporting the original advance

ruling have changed.

104. Advance ruling to be void in certain

circumstances.— (1) Where the Authority or the

Appellate Authority finds that advance ruling

pronounced by it under sub-section (4) of section

98 or under sub-section (1) of section 101has been

obtained by the applicant or the appellant by fraud

or suppression of material facts or misrepresentation

of facts, it may, by order, declare such ruling to be

void ab-initio and thereupon all the provisions of

this Act or the rules made thereunder shall apply

to the applicant or the appellant as if such advance

ruling had never been made:

Provided that no order shall be passed under

this sub-section unless an opportunity of being

heard has been given to the applicant or the

appellant.

Explanation.— The period beginning with the

date of such advance ruling and ending with

the date of order under this sub-section shall be

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excluded while computing the period specified

in sub-sections (2) and (10) of section 73 or

sub-sections (2) and (10) of section 74.

(2) A copy of the order made under sub-section

(1) shall be sent to the applicant, the concerned

officer and the jurisdictional officer.

105. Powers of Authority and Appellate

Authority.— (1) The Authority or the Appellate

Authority shall, for the purpose of exercising its

powers regarding—

(a) discovery and inspection;

(b) enforcing the attendance of any person

and examining him on oath;

(c) issuing commissions and compelling

production of books of account and other records,

have all the powers of a civil court under the

Code of Civil Procedure, 1908 (Central Act 5 of 1908).

(2) The Authority or the Appellate Authority shall

be deemed to be a civil court for the purposes of

section 195, but not for the purposes of Chapter

XXVI of the Code of Criminal Procedure, 1973

(Central Act 2 of 1974), and every proceeding before

the Authority or the Appellate Authority shall be

deemed to be a judicial proceeding within the

meaning of sections 193 and 228, and for the

purpose of section 196 of the Indian Penal Code

(Central Act 45 of 1860).

106. Procedure of Authority and Appellate

Authority.— The Authority or the Appellate

Authority shall, subject to the provisions of this

Chapter, have power to regulate its own procedure.

CHAPTER XXI

Miscellaneous

171. Anti-profiteering Measure.— (1) Any

reduction in rate of tax on any supply of goods or

services or the benefit of input tax credit shall be

passed on to the recipient by way of commensurate

reduction in prices.

(2) The Central Government may, on

recommendations of the Council, by notification,

constitute an Authority, or empower an existing

Authority constituted under any law for the time

being in force, to examine whether input tax credits

availed by any registered person or the reduction

in the tax rate have actually resulted in a

commensurate reduction in the price of the goods

or services or both supplied by him.

(3) The Authority referred to in sub-section (2)

shall exercise such powers and discharge such

functions as may be prescribed.

Department of Law & Judiciary

Legal Affairs Division

____

Notification

10/4/2019-LA-180

The Finance Act, 2019 (Central Act No. 7 of

2019), which has been passed by Parliament

and assented to by the President on

21-02-2019 and published in the Gazette of

India, Extraordinary, Part II, Section I, dated

21-02-2019, is hereby published for the general

information of the public.

Julio B. Noronha, Joint Secretary (Law).

Porvorim, 4th June, 2019.

________

THE FINANCE ACT, 2019

AN

ACT

to continue the existing rates of income-tax

for the financial year 2019-2020 and

to provide for certain relief to taxpayers

and to make amendments in certain

enactments.

Be it enacted by Parliament in the

Seventieth Year of the Republic of India as

follows:—

CHAPTER I

Preliminary

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

Act may be called the Finance Act, 2019.

(2) Save as otherwise provided in this Act,

sections 2 to 10 shall come into force on the

1st day of April, 2019.

CHAPTER II

Rates of Income-tax

2. Income-tax.— The provisions of

section 2 of, and the First Schedule

to, the Finance Act, 2018, shall

apply in relation to income-tax for

the assessment year or, as the case

may

be,

the

financial

year

13 of 2018.

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commencing on the 1st day of April,

2019, as they apply in relation to

income-tax for the assessment year,

or as the case may be, the financial

year commencing on the 1st day of

April, 2018, with the following

modifications, namely:—

(a) in section 2,—

(i) in sub-section (1), for the figures

“2018”, the figures “2019” shall be

substituted;

(ii) in sub-section (3), for the first

proviso, the following proviso shall be

substituted, namely:—

“Provided that the amount of income-

tax computed in accordance with the

provisions of section 111 A or section

112 or section 112A of the Income-tax

Act shall be increased by a surcharge,

for the purposes of the Union, as

provided in Paragraph A, B, C, D or E,

as the case may be, of Part I of the First

Schedule:”;

(iii) for sub-section (11) and sub-

-section (12), the following sub-section

shall be substituted, namely:—

‘(11) The amount of income-tax as

specified in sub-sections (1) to (3) and

as increased by the applicable

surcharge, for the purposes of the

Union, calculated in the manner

provided therein, shall be further

increased by an additional surcharge,

for the purposes of the Union, to be

called the “Health and Education Cess

on income-tax”, calculated at the rate

of four per cent. of such income-tax

and surcharge so as to fulfil the

commitment of the Government to

provide and finance quality health

services and universalised quality

basic education and secondary and

higher education.’;

(iv) sub-section (13) and sub-section

(14) shall be renumbered as sub-section

(12) and sub-section (13), respectively;

(v) in sub-section (13) as so

renumbered, in clause (a), for the figures

“2018”, the figures “2019” shall be

substituted;

(b) in the First Schedule,–

(i) for Part I, the following Part I shall

be substituted, namely:—

“PART I

Income-tax

Paragraph A

(1) In the case of every individual other

than the individual referred to in items (ii)

and (iii) of this Paragraph or Hindu undivided

family or association of persons or body of

individuals, whether incorporated or not, or

every artificial juridical person referred to in

sub-clause (vii) of clause (31) of section 2

of the Income-tax Act, not being a case to

which any other Paragraph of this Part

applies,—

Rates of income-tax

(1) where the total income

Nil;

does not exceed

Rs. 2,50,000

(2) where the total income

5 per cent. of

exceeds Rs. 2,50,000

the amount by

but does not exceed

which the total

Rs. 5,00,000

income exceeds

Rs. 2,50,000;

(3) where the total income

Rs. 12,500 plus

exceeds Rs. 5,00,000

20 per cent. of

but does not exceed

the amount by

Rs. 10,00,000

which the total

income exceeds

Rs. 5,00,000;

(4) where the total income

Rs. 1,12,500 plus

exceeds Rs. 10,00,000

30 per cent. of

the amount by

which the total

income exceeds

Rs. 10,00,000.

(II) In the case of every individual, being

a resident in India, who is of the age of sixty

years or more but less than eighty years at

any time during the previous year,—

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Rates of income-tax

(1) where the total income

Nil:

does not exceed

Rs. 3,00,000

(2) where the total income

5 per cent. of

exceeds Rs. 3,00,000

the amount by

but does not exceed

which the total

Rs. 5,00,000

income exceeds

Rs. 3,00,000;

(3) where the total income

Rs. 10,000 plus

exceeds Rs. 5,00,000

20 per cent. of

but does not exceed

the amount by

Rs. 10,00,000

which the total

income exceeds

Rs. 5,00,000;

(4) where the total income

Rs. 1, 10,000

exceeds Rs. 10,00,000

plus 30 per cent.

of the amount

by which the

total income

exceeds

Rs. 10,00,000.

(III) In the case of every individual, being

a resident in India, who is of the age of eighty

years or more at any time during the previous

year,—

Rates of income-tax

(1) where the total income

Nil,

does not exceed

Rs. 5,00,000

(2) where the total income

20 per cent. of

exceeds Rs. 5,00,000

the amount by

but does not exceed

which the total

Rs. 10,00,000

income exceeds

Rs. 5,00,000;

(3) where the total income

Rs. 1,00,000 plus

exceeds Rs. 10,00,000

30 per cent. of

the amount by

which the total

income exceeds

Rs. 10,00,000.

Surcharge on income-tax

The amount of income-tax computed in

accordance with the preceding provisions of

this Paragraph, or the provisions of section

111A or section 112 or section 112A of the

Income-tax Act, shall be increased by a

surcharge for the purposes of the Union,

calculated, in the case of every individual or

Hindu undivided family or association of

persons or body of individuals, whether

incorporated or not, or every artificial

juridical person referred to in sub-clause (vii)

of clause (31) of section 2 of the Income-tax

Act,—

(a) having a total income exceeding fifty

lakh rupees but not exceeding one crore

rupees, at the rate of ten per cent. of such

income-tax; and

(b) having a total income exceeding one

crore rupees, at the rate of fifteen per cent.

of such income-tax:

Provided that in the case of persons

mentioned above having total income

exceeding,—

(a) fifty lakh rupees but not exceeding

one crore rupees, the total amount payable

as income-tax and surcharge on such

income shall not exceed the total amount

payable as income-tax on a total income of

fifty lakh rupees by more than the amount

of income that exceeds fifty lakh rupees;

(b) one crore rupees, the total amount

payable as income-tax and surcharge on

such income shall not exceed the total

amount payable as income-tax and

surcharge on a total income of one crore

rupees by more than the amount of income

that exceeds one crore rupees.

Paragraph B

In the case of every co-operative society,—

Rates of income-tax

(1) where the total income

10 per cent. of

does not exceed

the total

Rs. 10,000

income;

(2) where the total income

Rs. 1,000 plus

exceeds Rs. 10,000

20 per cent. of

but does not exceed

the amount by

Rs. 20,000

which the total

income exceeds

Rs. 10,000;

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(3) where the total income

Rs. 3,000 plus

exceeds Rs. 20,000

30 per cent. of

the amount by

which the total

income exceeds

Rs. 20,000.

Surcharge on income-tax

The amount of income-tax computed in

accordance with the preceding provisions of

this Paragraph, or the provisions of section

111A or section 112 or section 112A of the

Income-tax Act, shall, in the case of every

co-operative society, having a total income

exceeding one crore rupees, be increased

by a surcharge for the purposes of the Union

calculated at the rate of twelve per cent. of

such income-tax:

Provided that in the case of every co-

operative society mentioned above having

total income exceeding one crore rupees, the

total amount payable as income-tax and

surcharge on such income shall not exceed

the total amount payable as income-tax on a

total income of one crore rupees by more

than the amount of income that exceeds one

crore rupees.

Paragraph C

In the case of every firm,—

Rate of income-tax

On the whole of the total

30 percent.

income

Surcharge on income-tax

The amount of income-tax computed in

accordance with the preceding provisions of

this Paragraph, or the provisions of section

111A or section 112 or section 112A of the

Income-tax Act, shall, in the case of every

firm, having a total income exceeding one

crore rupees, be increased by a surcharge

for the purposes of the Union calculated at

the rate of twelve per cent. of such income-

-tax:

Provided that in the case of every firm

mentioned above having total income

exceeding one crore rupees, the total amount

payable as income-tax and surcharge on such

income shall not exceed the total amount

payable as income-tax on a total income of

one crore rupees by more than the amount

of income that exceeds one crore rupees.

Paragraph D

In the case of every local authority,—

Rate of income-tax

On the whole of the total

30 percent.

income

Surcharge on income-tax

The amount of income-tax computed in

accordance with the preceding provisions of

this Paragraph, or the provisions of section

111A or section 112 or section 112A of the

Income-tax Act, shall, in the case of every

local authority, having a total income

exceeding one crore rupees, be increased

by a surcharge for the purposes of the Union

calculated at the rate of twelve per cent. of

such income-tax:

Provided that in the case of every local

authority mentioned above having total

income exceeding one crore rupees, the total

amount payable as income-tax and surcharge

on such income shall not exceed the total

amount payable as income-tax on a total

income of one crore rupees by more than the

amount of income that exceeds one crore

rupees.

Paragraph E

In the case of a company,—

Rates of income-tax

I. In the case of a domestic company,—

(i) where its total turnover

25 per cent. of

or the gross receipt in

the total

the previous year 2016-

income;

-2017 does not exceed

two hundred and fifty

crore rupees

(ii) other than that referred

30 per cent. of to

in item (i)

the total income.

II. In the case of a company other than a

domestic company,—

(i) on so much of the total income as

consists of:—

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(a) royalties received from

Government or an Indian concern

in pursuance of an agreement made

by it with the Government or the

Indian concern after the 31st day

of March, 1961 but before the 1st

day of April, 1976; or

(b) fees for rendering technical

services received from Government

or an Indian concern in pursuance

of an agreement made by it with

the Government or the Indian

concern after the 29th day of

February, 1964 but before the 1st

day of April, 1976,

and where such agreement

50 per cent.;

has, in either case, been

approved by the Central

Government

(ii) on the balance, if any,

40 per cent.

of the total income

Surcharge on income-tax

The amount of income-tax computed in

accordance with the preceding provisions of

this Paragraph, or the provisions of section

111A or section 112 or section 112A of the

Income-tax Act, shall be increased by a

surcharge for the purposes of the Union

calculated,—

(i) in the case of every domestic

company,—

(a) having a total income exceeding

one crore rupees but not exceeding ten

crore rupees, at the rate of seven per

cent. of such income-tax; and

(b) having a total income exceeding

ten crore rupees, at the rate of twelve

per cent of such Income-tax;

(ii) in the case of every company other

than a domestic company,—

(a) having a total income exceeding

one crore rupees but not exceeding ten

crore rupees, at the rate of two per cent.

of such income-tax; and

(b) having a total income exceeding

ten crore rupees, at the rate of five per

cent. of such income-tax:

Provided that in the case of every

company having a total income exceeding

one crore rupees but not exceeding ten

crore rupees, the total amount payable as

income-tax and surcharge on such income

shall not exceed the total amount payable

as income-tax on a total income of one crore

rupees by more than the amount of income

that exceeds one crore rupees:

Provided further that in the case of every

company having a total income exceeding

ten crore rupees, the total amount payable

as income-tax and surcharge on such

income shall not exceed the total amount

payable as income-tax and surcharge on a

total income of ten crore rupees by more

than the amount of income that exceeds

ten crore rupees.”;

(ii) in Part III, in Paragraph E, in sub-

-paragraph I, in clause (i), for the words

and figures “previous year 2016-2017”, the

words and figures “previous year 2017-

-2018” shall be substituted;

(iii) in Part IV, in Rule 8,—

(A) for sub-rules (1) and (2), the

following sub-rules shall be substituted,

namely.—

“(1) Where the assessee has, in the

previous year relevant to the assessment

year commencing on the 1st day of April,

2019, any agricultural income and the

net result of the computation of the

agricultural income of the assessee for

any one or more of the previous years

relevant to the assessment years

commencing on the 1st day of April, 2011

or the 1st day of April, 2012 or the 1st

day of April, 2013 or the 1st day of April,

2014 or the 1st day of April, 2015 or the

1st day of April, 2016 or the 1st day of

April, 2017 or the 1st day of April, 2018,

is a loss, then, for the purposes of sub-

-section (2) of section 2 of this Act,—

(i) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2011, to the extent, if any, such loss has

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not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2012 or the 1st day of

April, 2013 or the 1st day of April, 2014

or the 1st day of April, 2015 or the 1st

day of April, 2016 or the 1st day of April,

2017 or the 1st day of April, 2018,

(ii) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2012, to the extent, if any, such loss has

not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2013 or the 1st day of

April, 2014 or the 1 st day of April, 2015

or the 1st day of April, 2016 or the 1st

day of April, 2017 or the 1st day of April,

2018,

(iii) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2013, to the extent, if any, such loss has

not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2014 or the 1st day of

April, 2015 or the 1st day of April, 2016

or the 1st day of April, 2017 or the 1st

day of April, 2018,

(iv) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2014, to the extent, if any, such loss has

not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2015 or the 1st day of

April, 2016 or the 1st day of April, 2017

or the 1st day of April, 2018,

(v) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2015, to the extent, if any, such loss has

not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2016 or the 1st day of

April, 2017 or the 1st day of April, 2018,

(vi) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2016, to the extent, if any, such loss has

not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2017 or the 1st day of

April, 2018,

(vii) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2017, to the extent, if any, such loss has

not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2018,

(viii) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2018,

shall be set off against the agricultural

income of the assessee for the previous

year relevant to the assessment year

commencing on the 1st day of April, 2019.

(2) Where the assessee has, in the

previous year relevant to the assessment

year commencing on the 1st day of April,

2020, or, if by virtue of any provision of the

Income-tax Act, income-tax is to be

charged in respect of the income of a

period other than the previous year, in

such other period, any agricultural income

and the net result of the computation of

the agricultural income of the assessee for

anyone or more of the previous years

relevant to the assessment years

commencing on the 1st day of April, 2012

or the 1st day of April, 2013 or the 1st day

of April, 2014 or the 1st day of April, 2015

or the 1st day of April, 2016 or the 1st day

of April, 2017 or the 1st day of April, 2018

or the 1st day of April, 2019, is a loss, then,

for the purposes of sub-section (10) of

section 2 of this Act,—

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(i) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2012, to the extent, if any, such loss has

not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2013 or the 1st day of

April, 2014 or the 1st day of April, 2015

or the 1st day of April, 2016 or the 1st

day of April, 2017 or the 1st day of April,

2018 or the 1st day of April, 2019,

(ii) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2013, to the extent, if any, such loss has

not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2014 or the 1st day of

April, 2015 or the 1st day of April, 2016

or the 1st day of April, 2017 or the 1st

day of April, 2018 or the 1st day of April,

2019,

(iii) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2014, to the extent, if any, such loss has

not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2015 or the 1st day of

April, 2016 or the 1st day of April, 2017

or the 1st day of April, 2018 or the 1st

day of April, 2019,

(iv) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2015, to the extent, if any, such loss has

not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2016 or the 1st day of

April, 2017 or the 1st day of April, 2018

or the 1st day of April, 2019,

(v) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2016, to the extent, if any, such loss has

not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2017 or the 1st day of

April, 2018 or the 1st day of April, 2019,

(vi) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2017, to the extent, if any, such loss has

not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2018 or the 1st day of

April, 2019,

(vii) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2018, to the extent, if any, such loss has

not been set off against the agricultural

income for the previous year relevant to

the assessment year commencing on the

1st day of April, 2019,

(viii) the loss so computed for the

previous year relevant to the assessment

year commencing on the 1st day of April,

2019,

shall be set off against the agricultural

income of the assessee for the previous

year relevant to the assessment year

commencing on the 1st day of April,

2020.”;

(B) for sub-rule (4), the following sub-

-rule shall be substituted, namely:—

“(4) Notwithstanding anything contained

in this rule, no loss which has not been

determined by the assessing officer under

the provisions of these rules or the rules

contained in the First Schedule to the

Finance Act, 2011 (8 of 2011) or the First

Schedule to the Finance Act, 2012 (23 of

2012) or the First Schedule to the Finance

Act, 2013 (17 of 2013) or the First Schedule

to the Finance (No. 2) Act, 2014 (25 of

2014) or the First Schedule to the Finance

Act, 2015 (20 of 2015) or the First Schedule

to the Finance Act, 2016 (28 of 2016) or

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the First Schedule to the Finance Act, 2017

(7 of 2017) or the First Schedule to the

Finance Act, 2018 (13 of 2018) shall be set

off under sub-rule (1) or, as the case may

be, sub-rule (2).”.

CHAPTER III

Direct Taxes

Income-tax

3. Amendment of section 16.— In

section 16 of the Income-tax Act,

1961 (hereafter in this Chapter

referred to as the Income-tax Act),

in clause (ia) [as inserted by section

7 of the Finance Act, 2018], for the

words “forty thousand”, the words

“fifty thousand” shall be substituted

with effect from the 1st day of April,

2020.

4. Amendment of section 23.— In section

23 of the Income-tax Act, with effect from

the 1st day of April, 2020,—

(a) in sub-section (4),—

(i) in the opening portion, for the

words “one house”, the words “two

houses” shall be substituted;

(ii) in clause (a), for the word “one”,

the word “two” shall be substituted;

(iii) in clause (b), for the words “other

than the house”, the words “other than

the house or houses” shall be substituted;

(b) in sub-section (5), for the words “one

year”, the words “two years” shall be

substituted.

5. Amendment of section 24.— In section

24 of the Income-tax Act, with effect from

the 1st day of April, 2020,—

(a) in the first proviso, after the words

“the amounts of deduction”, the words “or,

as the case may be, the aggregate of the

amount of deduction” shall be inserted;

(b) in the second proviso, after the words

“the amount of deduction”, the words “or,

as the case may be, the aggregate of the

amounts of deduction” shall be inserted;

(c) after the Explanation to the third

proviso, the following proviso shall be

inserted, namely:—

“Provided also that the aggregate of

the amounts of deduction under the first

and second provisos shall not exceed

two lakh rupees.”.

6. Amendment of section 54.— In section

54 of the Income-tax Act, in sub-section (1),

after clause (ii), the following provisos shall

be inserted with effect from the 1st day of

April, 2020, namely:—

‘Provided that where the amount of the

capital gain does not exceed two crore

rupees, the assessee may, at his option,

purchase or construct two residential

houses in India, and where such option

has been exercised,—

(a) the provisions of this sub-section

shall have effect as in for the words “one

residential house in India”, the words

“two residential houses in India” had

been substituted;

(b) any reference in this sub-section

and sub-section (2) to “new asset” shall

be construed as a reference to the two

residential houses in India:

Provided further that where during

any assessment year, the assessee has

exercised the option referred to in the

first

proviso,

he

shall

not

be

subsequently entitled to exercise the

option for the same or any other

assessment year.’.

7. Amendment of section 80-IBA.— In

section 80-IBA of the Income-tax Act, in

sub-section (2), in clause (a), for the figures

“2019”, the figures “2020” shall be

substituted with effect from the 1st day of

April, 2020.

8. Amendment of section 87A.— In section

87 A of the Income-tax Act, with effect from

the 1st day of April, 2020,—

(a) for the words “three hundred fifty

thousand”, the words “five hundred

thousand” shall be substituted;

43 of 1961.

13 of 2018.

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(b) for the words, “two thousand and

five hundred”, the words “twelve thousand

and five hundred” shall be substituted.

9. Amendment of section 194A.— In

section 194A of the Income-tax Act, in

sub-section (3), in clause (i), for the words

“ten thousand” wherever they occur, the

words “forty thousand” shall be substituted.

10. Amendment of section 194-I.— In

section 194-I of the Income-tax Act, in the

first proviso, for the words “one hundred and

eighty thousand rupees”, the words “two

hundred and forty thousand rupees” shall

be substituted.

CHAPTER IV

Miscellaneous

PART I

AMENDMENTS TO THE INDIAN STAMP ACT, 1899

11. Commencement of this Part.— The

provisions of this Part shall come into force

on such date as the Central Government may,

by notification in the Official Gazette, appoint.

12. Amendment of section 2.— In

section 2 of the Indain Stamp Act,

1899 (hereafter in this Part referred

to as the principal Act),—

(a) for clause (1), the following clauses

shall be substituted, namely:—

‘(1) “allotment list” means a

list containing details of

allotment of the securities

intimated by the issuer to the

depository under sub-section

(2) of section 8 of the

Depositories, Act, 1996;

(1A) “banker” includes a bank and

any person acting as a banker;’;

(b) in clause (5), the following long line

shall be added at the end, namely:—

“but does not include a debenture;”;

(c) after clause (7), the following clauses

shall be inserted, namely:—

‘(7A) “clearance list” means a list of

transactions of sale and purchase

relating to contracts traded on the stock

exchanges submitted to a clearing

corporation in accordance with the law

for the time being in force in this behalf;

(7B) “clearing corporation” means an

entity established to undertake the

activity of clearing and settlement of

transactions in securities or other

instruments and includes a clearing

house of a recognised stock exchange;’;

(d) after clause (10), the following

clauses shall be inserted, namely:—

‘(10A) “debenture” includes—

(i) debenture stock, bonds or any

other instrument of a company

evidencing

a

debt,

whether

constituting a charge on the assets of

the company or not;

(ii) bonds in the nature of debenture

issued by any incorporated company

or body corporate;

(iii)

certificate

of

deposit,

commercial usance bill, commercial

paper and such other debt instrument

of original or initial maturity upto one

year as the Reserve Bank of India may

specify from time to time;

(iv) securitised debt instruments;

and

(v) any other debt instuments

specified by the Securities and

Exchange Board of India from time to

time;

(10B) “depository” includes—

(a) a depository as defined

in clause (e) of sub-section

(1) of section 2 of the

Depositories Act, 1996; and

(b) any other entity declared by the

Central Government, by notification in

the Official Gazette, to be a depository

for the purposes of this Act;’;

2 of 1899.

22 of 1996.

22 of 1996.

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(e) in clause (12), the words

and

figures

and

includes

attribution of electronic record

within the meaning of section 11

of the Information Technology

Act, 2000 shall be inserted at the

end.

(f) for clause (14), the following clause

shall be substituted, namely—

‘(14) “instrument” includes—

(a) every document, by which any

right or liability is, or purports to be,

created, transferred, limited, extended,

extinguished or recorded;

(b) a document, electronic or

otherwise, created for a transaction

in a stock exchange or depository by

which any right or liability is, or

purports to be, created, transferred,

limited, extended, extinguished or

recorded; and

(c) any other document mentioned

in Schedule I,

but does not include such instruments as

may be specified by the Government, by

notification in the Official Gazette;’;

(g) after clause (15), the following clause

shall be inserted, namely:—

‘(15A) “issuer” means any person

making an issue of securities;’;

(h) for clause (16A), the following

clauses shall be substituted, namely:—

‘(16A) “marketable security” means a

security capable of being traded in any

stock exchange in India;

(16B) “market value”, in relation to an

instrument through which—

(a) any security is traded in a stock

exchange, means the price at which

it is so traded;

(b) any security which is transferred

through a depository but not traded

in the stock exchange, means the

price or the consideration mentioned

in such instrument;

(c) any security is dealt otherwise

than in the stock exchange or

depository, means the price or

consideration mentioned in such

instrument;’;

(i) after clause (23), the following clause

shall be inserted, namely:—

‘(23A) “securities” includes—

(i) securities as defined in

clause (h) of section 2 of

the Securities Contracts

(Regulation)

Act,

1956;

(ii) a “derivative” as

defined in clause (a) of

section 45U of the Reserve

Bank of India Act, 1934;

(iii) a certificate of deposit,

commercial usance bill, commercial

paper, repo on corporate bonds and

such other debt instrument of original

or initial maturity upto one year as

the Reserve Bank of India may specify

from time to time; and

(iv) any other instrument declared

by the Central Government, by

notification in the Official Gazette, to

be securities for the purposes of this

Act;’;

(j) after clause (26), the following clause

shall be inserted, namely:—

‘(27) “stock exchange” includes—

(i) a recognised stock

exchange as defined in

clause (f) of section 2 of

the Securities Contracts

(Regulation) Act, 1956; and

(ii) such other platform for trading

or reporting a deal in securities, as

may be specified by the Central

Government, by notification in the

Official Gazette, for the purposes of

this Act.’.

13. Amendment of section 4.— In section

4 of the principal Act, after sub-section (2),

42 of 1956.

21 of 2000.

2 of 1934.

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the following sub-section shall be inserted,

namely:—

“(3)

Notwithstanding

anything

contained in sub-sections (1) and (2), in

the case of any issue, sale or transfer of

securities, the instrument on which stamp-

duty is chargeable under section 9A shall

be the principal instrument for the purpose

of this section and no stamp-duty shall be

charged on any other instruments relating

to any such transaction.”.

14. Substitution of new section for section

8A.— For section 8A of the principal Act, the

following section shall be substituted,

namely:—

‘8A. Securities dealt in depository not

liable to stamp-duty.— Notwithstanding

anything contained in this Act or any other

law for the time being in force,—

(a) an issuer, by the issue of securities

to one or more depositories, shall, in

respect of such issue, be chargeable

with duty on the total amount of

securities issued by it and such

securities need not be stamped;

(b)

the

transfer

of

registered

ownership of securities from a person to

a depository or from a depository to a

beneficial owner shall not be liable to

duty.

Explanation.—

For

the

purposes of this section, the

expression

“beneficial

ownership” shall have the

same meaning as assigned to

it in clause (a) of sub-section

(1) of section 2 of the

Depositories Act, 1996.’.

15. Insertion of new Part AA.— In Chapter

II of the principal Act, after Part A relating to

‘Of the liability of instruments to duty’, the

following Part shall be inserted, namely:—

‘AA.– Of the liability of instruments of

transaction in stock exchanges and

depositories to duty.

9A. Instruments chargeable with duty

for transactions in stock exchanges and

depositories.— (1) Notwithstanding

anything contained in this Act,—

(a) when the sale of any securities,

whether delivery based or otherwise,

is made through a stock exchange,

the stamp-duty on each such sale in

the clearance list shall be collected

on behalf of the State Government by

the stock exchange or a clearing

corporation authorised by it, from its

buyer on the market value of such

securities at the time of settlement of

transactions in securities of such

buyer, in such manner as the Central

Government may, by rules, provide;

(b) when any transfer of securities

for a consideration, whether delivery

based or otherwise, is made by a

depository otherwise than on the

basis of any transaction referred to in

clause (a), the stamp-duty on such

transfer shall be collected on behalf

of the State Government by the

depository from the transferor of such

securities on the consideration amount

specified therein, in such manner as

the Central Government may, by rules,

provide;

(c) when pursuant to issue of

securities, any creation or change in

the records of a depository is made,

the stamp-duty on the allotment list

shall be collected on behalf of the State

Government by the depository from

the issuer of securities on the total

market value of the securities as

contained in such list, in such manner

as the Central Government may, by

rules, provide.

(2)

Notwithstanding

anything

contained in this Act, the instruments

referred to in sub-section (1) shall be

chargeable with duty as provided

therein at the rate specified in Schedule

I and such instruments need not be

stamped.

(3) From the date of commencement

of this Part, no stamp-duty shall be

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charged or collected by the State

Government

on

any

note

or

memorandum or any other document,

electronic or otherwise, associated with

the transactions mentioned in sub-

-section (1).

(4) The stock exchange or a clearing

corporation authorised by it or the

depository, as the case may be, shall,

within three weeks of the end of each

month and in accordance with the rules

made in this behalf by the Central

Government, in consultation with the

State Government, transfer the stamp-

duty collected under this section to the

State Government where the residence

of the buyer is located and in case the

buyer is located outside India, to the

State Government having the registered

office of the trading member or broker

of such buyer and in case where there

is no such trading member of the buyer,

to the State Government having the

registered office of the participant:

Provided that before such transfer, the

stock

exchange

or

the

clearing

corporation authorised by it or the

depository shall be entitled to deduct

such percentage of stamp-duty towards

facilitation charges as may be specified

in such rules.

Explanation.— The term

“participant” shall have the

same meaning as assigned to

it in clause (g) of section 2 of

the Depositories Act, 1996.

(5) Every stock exchange or the clearing

corporation authorised by it and depository

shall submit to the Government details of the

transactions referred to in sub-section (1) in

such manner as the Central Government may,

by rules, provide.

9B. Instruments chargeable with duty

for transactions otherwise than through

stock exchanges and depositories.—

Notwithstanding anything contained in

this Act,—

(a) when any issue of securities is

made by an issuer otherwise than

through a stock exchange or depository,

the stamp-duty on each such issue shall

be payable by the issuer, at the place

where its registered office is located, on

the total market value of the securities

so issued at the rate specified in

Schedule I.

(b) when any sale or transfer or

reissue of securities for consideration is

made otherwise than through a stock

exchange or depository, the stamp-duty

on each such sale or transfer or reissue

shall be payable by the seller or

transferor or issuer, as the case may be,

on the consideration amount specified

in such instrument at the rate specified

in Schedule I.’.

16. Amendment of section 21.— In section

21 of the principal Act,—

(a) for the words “the value of such stock

or security according to the average price

or the value thereof on the day of the date

of the instrument.”, the words “the market

value of such stock or security:” shall be

substituted;

(b) the following proviso shall be

inserted, namely:—

“Provided that the market value for

calculating the stamp-duty shall be, in

the case of—

(i) options in any securities, the

premium paid by the buyer;

(ii) repo on corporate bonds,

interest paid by the borrower; and

(iii) swap, only the first leg of the

cash flow.”.

17. Amendment of section 29.— In section

29 of the principal Act,—

(i) in clause (a),—

(a) the words, figures and brackets

“No. 27 (Debenture)” shall be omitted;

(b) the words, figures, brackets and

letter “No. 62 (a) (Transfer of shares in

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an incorporated Company or other body

corporate)” shall be omitted;

(c) the words, figures, brackets and

letter “No. 62 (b) (Transfer of debentures,

being marketable securities, whether the

debenture is liable to duty or not, except

debentures provided for by section 8)”

shall be omitted;

(ii) in clause (e), after the word

“exchange”, the words “including swap”

shall be inserted;

(iii) in clause (f), the word “and” shall

be omitted;

(iv) after clause (g), the following

clauses shall be inserted, namely:—

“(h) in the case of sale of security

through stock exchange, by the buyer

of such security;

(i) in the case of sale of security

otherwise than through a stock

exchange, by the seller of such security;

(j) in the case of transfer of security

through a depository, by the transferor

of such security;

(k) in the case of transfer of security

otherwise than through a stock

exchange or depositiory, by the

transferor of such security;

(l) in the case of issue of security,

whether through a stock exchange or a

depository or otherwise, by the issuer

of such security; and

(m) in the case of any other instrument

not specified herein, by the person

making, drawing or executing such

instrument.”.

18. Insertion of new section 62A.— After

section 62 of the principal Act, the following

section shall be inserted, namely:—

“62A. Penalty for failure to comply with

provisions of section 9A.— (1) Any person

who,—

(a) being required under sub-section

(1) of section 9A to collect duty, fails to

collect the same; or

(b) being required under sub-section

(4) of section 9A to transfer the duty to

the State Government within fifteen days

of the expiry of the time specified

therein, fails to transfer within such time,

shall be punishable with fine which

shall not be less than one lakh rupees,

but which may extend upto one per cent

of the collection or transfer so defaulted.

(2) Any person who,—

(a) being required under sub-section

(5) of section 9A to submit details of

transactions to the Government, fails to

submit the same; or

(b) submits a document or makes a

declaration which is false or which such

person knows or believes to be false,

shall be punishable with fine of one

lakh rupees for each day during which

such failure continues or one crore

rupees, whichever is less.”.

19. Insertion of new section 73A.— After

section 73 of the principal Act, the following

section shall be inserted, namely:—

“73A. Power of Central Government to

make rules.— (1) The Central Government

may, by notification in the Official Gazette,

make rules for carrying out the provisions

of Part AA of Chapter II.

(2) Without prejudice to the generality

of the provisions of sub-section (1), the

Central Government may make rules for

all or any of the following matters,

namely:—

(a) the manner of collection of stamp-

duty on behalf of the State Government

by the stock exchange or the clearing

corporation authorised by it, from its

buyer under clause (a) of sub-section (1)

of section 9A;

(b) the manner of collection of stamp-

duty on behalf of the State Government

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9TH JANUARY, 2020

1271

by the depository from the transferor

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

section 9A;

(c) the manner of collection of stamp-

duty on behalf of the State Government

by the depository from the issuer under

clause (c) of sub-section (1) of section

9A;

(d) the manner of transfer of stamp-

-duty to the State Government under

sub-section (4) of section 9A;

(e) any other matter which has to be,

or may be, provided by rules.”.

20. Amendment of section 76.— In section

76 of the principal Act, after sub-section (2),

the following sub-section shall be inserted,

namely:—

“(2A) Every rule made by the Central

Government under this Act 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.”.

21. Amendment of Schedule I.— In

Schedule I of the principal Act,—

(i) in Article 19, in column (1),—

(a) after the words “CERTIFICATE OR

OTHER DOCUMENT”, the brackets,

words, figures and letter “(except the

certificate or other document covered

under Articles 27 and 56A)” shall be

inserted;

(b) the words, brackets and figures

“See also LETTER OF ALLOTMENT OF

SHARES (No. 36)” shall be omitted;

(ii) for Article 27 and the entries relating

thereto, the following Article and entries

shall be subsitituted, namely:—

(1)

(2)

“27. DEBENTURE— [as defined by section

2 (10A)]

(see sections 9A and 9B)

(a) in case of issue of debenture;

0.005%

(b) in case of transfer and

0.0001%”;

re-issue of debenture.

(iii) in Article 28, for the entry in column

(I), after the words “DELIVERY ORDER IN

RESPECT OF GOODS,”, the brackets and

words “(excluding delivery order in

respect of settlement of transactions in

securities in stock exchange)” shall be

inserted;

(iv) in Article 36, for the entry in column

(I), the following entry shall be substituted,

namely:—

“36. LETTER OF ALLOTMENT in

respect of any loan to be raised by any

company or proposed company.”;

(v) after Article 56 and the entry relating

thereto, the following Article and entries

shall be inserted, namely:—

(1)

(2)

“56A. SECURITY OTHER THAN DEBENTURES

(See sections 9A and 9B)—

(a) issue of security other than

0.005%

debenture;

(b) transfer of security other than

0.015%

debenture on delivery basis;

(c) transfer of security other than

0.003%

debenture on non-delivery

basis;

(d) derivatives—

(i) futures (equity and

0.002%

commodity)

(ii) options (equity and

0.003%

commodity)

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(1)

(2)

(iii) currency and interest

0.0001%

rate derivatives

(iv) other derivatives

0.002%

(e) Government securities

0%

(f) repo on corporate bonds

0.00001%”;

(vi) in Article 62, items (a) and (b) and

the entries relating thereto shall be omitted.

PART II

Amendment to The Prevention of Money-laundering

Act, 2002

22. Amendment of section 8 of Act 15 of

2003.— In section 8 of the Prevention of

Money-laundering Act, 2002, in sub-section

(3), with effect from such date as the Central

Government may, by notification in the Official

Gazette, appoint,—

(i) in clause (a), for the words “ninety

days”, the words “three hundred and sixty-

five days” shall be substituted;

(ii) after clause (b), the following

Explanation shall be inserted, namely:—

“Explanation.— For the purposes of

computing the period of three hundred and

sixty-five days under clause (a), the period

during which the investigation is stayed

by any court under any law for the time

being in force shall be excluded.”.

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