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Panaji, 16th June, 2020 (Jyaistha 26, 1942)

SERIES I No. 11

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

EXTRAORDINARY

No. 3

GOVERNMENT OF GOA

Department of Law & Judiciary

Legal Affairs Division

__

Notification

8/8/2020-LA-104

The Goa Goods and Services Tax

(Amendment) Ordinance, 2020 (Ordinance

No. 5 of 2020), which has been promulgated

by the Governor of Goa on 09-06-2020, is

hereby published for general information of

the public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 16th June, 2020.

______

The Goa Goods and Services Tax

(Amendment) Ordinance, 2020

(Ordinance No. 5 of 2020)

Promulgated by the Governor of Goa in the

Seventy-first Year of the Republic of India.

An Ordinance further to amend the Goa

Goods and Services Tax Act, 2017 (Goa Act

4 of 2017).

Whereas, the Legislative Assembly of Goa

is not in session and the Governor of Goa is

satisfied that circumstances exist which render

it necessary for him to take immediate action.

Now, therefore, in exercise of the powers

conferred by clause (1) of article 213 of the

Constitution of India, the Governor of Goa is

pleased to promulgate the following

Ordinance, namely:—

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

Ordinance may be called the Goa Goods and

Services Tax (Amendment) Ordinance, 2020.

(2) Save as otherwise provided in this

Ordinance, the provisions of this Ordinance

shall come into force on such date as the

Government may, by notification in the Official

Gazette, appoint.

2. Amendment of section 2.— In section 2

of the Goa Goods and Services Tax Act, 2017

(Goa Act 4 of 2017) (hereinafter referred to

as the “principal Act”), in clause (114), for

sub-clauses (c) and (d), the following sub-

clauses shall be substituted, namely:—

“(c) Dadra and Nagar Haveli and Daman

and Diu;

(d) Ladakh;”.

3. Amendment of section 10.— In section

10 of the principal Act, in sub-section (2), in

clauses (b), (c) and (d), after the words “of

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goods”, the words “or services” shall be

inserted.

4. Amendment of section 16.— In section

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

the words “invoice relating to such” shall be

omitted.

5. Amendment of section 29.— In section

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

clause (c), the following clause shall be

substituted, namely:—

“(c) the taxable person is no longer liable

to be registered under section 22 or section

24 or intends to opt out of the registration

voluntarily made under sub-section (3) of

section 25:”.

6. Amendment of section 30.— In section

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

the proviso, the following proviso shall be

substituted, namely:—

“Provided that such period may, on

sufficient cause being shown, and for

reasons to be recorded in writing, be

extended,—

(a) by the Additional Commissioner,

for a period not exceeding thirty days;

(b) by the Commissioner, for a further

period not exceeding thirty days, beyond

the period specified in clause (a).”.

7. Amendment of section 31.— In section

31 of the principal Act, in sub-section (2), for

the proviso, the following proviso shall be

substituted, namely:—

“Provided that the Government may, on

the recommendations of the Council, by

notification,—

(a) specify the categories of services

or supplies in respect of which a tax

invoice shall be issued, within such time

and in such manner as may be

prescribed;

(b) subject to the condition mentioned

therein, specify the categories of services

in respect of which,—

(i) any other document issued in

relation to the supply shall be deemed

to be a tax invoice; or

(ii) tax invoice may not be issued.”.

8. Amendment of section 51.— In section

51 of the principal Act,—

(a) for sub-section (3), the following sub-

section shall be substituted, namely:—

“(3) A certificate of tax deduction at

source shall be issued in such form and

in such manner as may be prescribed.”;

(b) sub-section (4) shall be omitted.

9. Amendment of section 122.— In section

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

the following sub-section shall be inserted,

namely:—

“(1A) Any person who retains the

benefit of a transaction covered under

clauses (i), (ii), (vii) or clause (ix) of sub-

-section (1) and at whose instance such

transaction if conducted, shall be liable to

a penalty of an amount equivalent to the

tax evaded or input tax credit availed of or

passed on.”.

10. Amendment of section 132.— In section

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

(i) for the words “Whoever commits any

of the following offences”, the words

“Whoever commits, or causes to commit

and retain the benefits arising out of, any

of the following offences” shall be

substituted;

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

shall be substituted, namely:—

“(c) avails input tax credit using the

invoice or bill referred to in clause (b) or

fraudulently avails input tax credit

without any invoice or bill;”;

(iii) in clause (e), the expression “,

fraudulently avails input tax credit” shall

be omitted.

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11. Amendment of section 140.— In section

140 of the principal Act, with effect from the

1st day of July, 2017,—

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

“existing law”, the words “within such

time and” shall be inserted and shall be

deemed to have been inserted;

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

“appointed day”, the words “within such

time and” shall be inserted and shall be

deemed to have been inserted;

(c) in sub-section (3), for the words

“goods held in stock on the appointed day

subject to”, the expression “goods held in

stock on the appointed day, within such

time and in such manner as may be

prescribed, subject to” shall be substituted

and shall be deemed to have been

substituted;

(d) in sub-section (5), for the words

“existing law”, the expression “existing

law, within such time and in such manner

as may be prescribed” shall be substituted

and shall be deemed to have been

substituted;

(e) in sub-section (6), for the words

“goods held in stock on the appointed day

subject to”, the expression “goods held in

stock on the appointed day, within such

time and in such manner as may be

prescribed, subject to” shall be substituted

and shall be deemed to have been

substituted;

12. Amendment of section 172.— In section

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

the proviso, for the words “three years”, the

words “five years” shall be substituted.

13. Amendment of Schedule II.— In

Schedule II to the principal Act, in paragraph

4, the words “whether or not for a

consideration,” at both the places where they

occur, shall be omitted and shall be deemed

to have been omitted with effect from the 1st

day of July, 2017.

RAJ BHAVAN

SATYA PAL MALIK

Date:- 29-06-2020

Governor of Goa.

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