Panaji, 9th February, 2022 (Magha 20, 1943)

SERIES II No. 45

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

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

EXTRAORDINARY

No. 4

Department of Finance

Revenue & Control Division

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Notification

No. 2/1/95-Fin(R&C)/Part(A)/84

Read: Notification No. 2/1/95-Fin(R&C)/Part (A)/

/66 dated 31-01-2022.

In supersession to the Notification read above, in

exercise of the powers conferred by sub-rule (4) of

Rule 99 of the Goa Excise Duty Rules, 1964, the

Government of Goa, being satisfied that it is

necessary in the public interest, hereby directs that

all licensed premises “for the sale of liquor” shall be

closed from 6.00 p.m. of 12-02-2022 till 06.00 p.m. of

14-02-2022 and on 10-03-2022, in the entire State of

Goa, in view of polling and counting of votes for the

General Election to the Goa Legislative Assembly,

2022, as per Section 135C of The Representation of

the People Act, 1951.

However, the licensed premises having licence for

Bar and Restaurant may be allowed to keep the

restaurant open for serving food only and the Bar

counter shall be closed and no liquor shall be allowed

to be served on the above mentioned days. The owner

of the licensed premises having Bar & Restaurant

shall also display a board in the premises stating that

no liquor will be served and that only the restaurant

is open for serving food.

By order and in the name of the Governor of Goa.

Pranab G. Bhat, Under Secretary, Finance

(Revenue & Control).

Porvorim, 9th February, 2022.

Notification

No. 2/1/95-Fin(R&C)/Part(B)/85

Read: Notification No. 2/1/95-Fin (R&C)/Part(B)/

/67 dated 31-01-2022.

In supersession to the Notification read above, in

exercise of the powers conferred by Sections 5 and 8

of the Goa Excise Duty Act, 1964 (Act 5 of 1964)

(hereinafter called the “said Act”), the Government

of Goa hereby prescribes that, notwithstanding

anything contained in the Government Notifications

No. 2/6/2014-Fin(R&C)(A)/1386 dated 28-8-2014 and

No. 2/6/2014-Fin(R&C) (B)/1389 dated 28-8-2014 both

published in the Official Gazette, Sr. II No. 22

dated 28-8-2014, no liquor shall be transported from

one place to another within the State of Goa and the

following shall be the maximum quantity of liquor

which can be possessed by any person within the

State of Goa without a permit issued in accordance

with the provisions of the said Act and the rules made

thereunder during the period from 6.00 p.m. of

12-02-2022 till 06.00 p.m. of 14-02-2022 and on

10-03-2022, in view of polling and counting of votes

for the General Election to the Goa Legislative

Assembly, 2022, as per Section 135C of The

Representation of the People Act, 1951, namely:

(a) Three quart bottles of Indian made foreign

liquor or foreign liquor other than beer and six

bottles of beer of 650 ml. for any person

including his family.

OFFICIAL GAZETTE — GOVT. OF GOA

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(b) Three quart bottles of country liquor for any

person including his family.

This Notification shall remain in force only from

6.00 p.m. of 12-02-2022 till 06.00 p.m. of 14-02-2022

and on 10-03-2022, in the entire State of Goa, in view

of polling and counting of votes for the General

Election to the Goa Legislative Assembly, 2022.

By order and in the name of the Governor of

Goa.

Pranab G. Bhat, Under Secretary, Finance

(Revenue & Control).

Porvorim, 9th February, 2022.

________

Office of the Commissioner of Commercial Taxes

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No. CCT/26-4/2017-18/E/2720

Circular

(No. 20/2021-22-GST)

Subject: GST on service supplied by restaurants through e-commerce operators-reg.

The GST Council in its 45th meeting held on 17th September, 2021 recommended to notify, Restaurant

Service under Section 9(5) of the Goa GST Act, 2017. Accordingly, the tax on supplies of restaurant service

supplied through e-commerce operators shall be paid by the e-commerce operator. In this regard notification

No. 38/1/2017-Fin(R&C)(17/2021-Rate)/2081 dated 30-11-2021 has been issued.

Certain representations have been received requesting for clarification regarding modalities of compliance

to the GST laws in respect of supply of restaurant service through e-commerce operators (ECO).

Clarifications are as follows:

Sr. No.

Issue

Clarification

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1. Would ECOs have to still collect TCS in com-

As ‘restaurant service’ has been notified under

pliance with Section 52 of the Goa GST Act,

Section 9(5) of the Goa GST Act, 2017, the ECO shall

2017?

be liable to pay GST on restaurant services provided,

with effect from the 1st January, 2022, through ECO.

Accordingly, the ECOs will no longer be required

to collect TCS and file GSTR 8 in respect of

restaurant services on which it pays tax in terms of

Section 9(5).

On other goods or services supplied through ECO,

which are not notified u/s 9(5), ECOs will continue

to pay TCS in terms of Section 52 of Goa GST Act,

2017 in the same manner at present.

2. Would ECOs have to mandatorily take a separate

As ECOs are already registered in accordance with

registration w.r.t supply of restaurant service

Rule 8 (in Form GST-REG 01) of the Goa GST Rules,

[notified under 9(5)] through them even though

2017 (as a supplier of their own goods or services),

they are registered to pay GST on services on

there would be no mandatory requirement of

their own account?

taking separate registration by ECOs for payment

of tax on restaurant service under Section 9(5) of

the Goa GST Act, 2017.

3. Would the ECOs be liable to pay tax on supply

Yes. ECOs will be liable to pay GST on any restaurant

of restaurant service made by unregistered

service supplied through them including by an

business entities?

unregistered person.

4. What would be the aggregate turnover of person

It is clarified that the aggregate turnover of person

supplying ‘restaurant service’ through ECOs?

supplying restaurant service through ECOs shall be

computed as defined in Section 2 (6) of the Goa GST

Act, 2017 and shall include the aggregate value of

supplies made by the restaurant through ECOs.

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Accordingly, for threshold consideration or any

other purpose in the Act, the person providing

restaurant service through ECO shall account such

services in his aggregate turnover.

5. Can the supplies of restaurant service made

No. ECOs are not the recipient of restaurant service

through ECOs be recorded as inward supply

supplied through them. Since these are not input

of ECOs (liable to reverse charge) in GSTR 3B?

services to ECO, these are not to be reported as

inward supply (liable to reverse charge).

6. Would ECOs be liable to reverse proportional

ECOs provide their own services as an electronic

input tax credit on his input goods and services for

platform and an intermediary for which it would

the reason that input tax credit is not admissible

acquire inputs/input service on which ECOs avail

on ‘restaurant service’?

input tax credit (ITC). The ECO charges commission/

/fee etc. for the services it provides. The

ITC is utilised by ECO for payment of GST on

services provided by ECO on its own account (say,

to a restaurant). The situation in this regard remains

unchanged even after ECO is made liable to pay tax

on restaurant service. ECO would be eligible to ITC

as before. Accordingly, it is clarified that ECO shall

not be required to reverse ITC on account of

restaurant services on which it pays GST in terms

of Section 9(5) of the Act.

It may also be noted that on restaurant service,

ECO shall pay the entire GST liability in cash (No

ITC could be utilised for payment of GST on

restaurant service supplied through ECO).

7. Can ECO utilize its Input Tax Credit to pay tax

No. As stated above, the liability of payment of tax

w.r.t. ‘restaurant service’ supplied through the

by ECO as per Section 9(5) shall be discharged in

ECO?

cash.

8. Would supply of goods or services other than

ECO is required to pay GST on services notified

restaurant service’ through ECOs be taxed at

under Section 9(5), besides the services/other

5% without ITC?

supplies made on his own account.

On any supply that is not notified under Section

9(5), that is supplied by a person through ECO, the

liability to pay GST continues on such supplier

and ECO shall continue to pay TCS on such

supplies.

Thus, present dispensation continues for ECO, on

supplies other than restaurant services. On such

supplies (other than restaurant services made

through ECO) GST will continue to be billed,

collected and deposited in the same manner as is

being done at present. ECO will deposit TCS on such

supplies.

9. Would ‘restaurant service’ and goods or services

Considering that liability to pay GST on supplies

other than restaurant service sold by a restaurant

other than ‘restaurant service’ through the ECO,

to a customer under the same order be billed

and other compliances under the Act, including

differently? who shall be liable for raising

issuance of invoice to customer, continues to lie

invoices in such cases?

with the respective suppliers (and ECOs being

liable only to collect tax at source (TCS) on such

supplies), it is advisable that ECO raises separate

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bill on restaurant service in such cases where ECO

provides other supplies to a customer under the same

order.

10. Who will issue invoice in respect of restaurant

The invoice in respect of restaurant service supplied

service supplied through ECO-whether by

through ECO under Section 9(5) will be issued by

the restaurant or by the ECO?

ECO.

11. Clarification may be issued as regard reporting

A number of other services are already notified

of restaurant services, value and tax liability

under Section 9(5). In respect of such services, ECO

etc. in the GST return.

operators are presently paying GST by furnishing

details in GSTR 3B.

The ECO may, on services notified under Section 9

(5) of the Goa GST Act, 2017, including on restaurant

service provided through ECO, may continue to pay

GST by furnishing the details in GSTR 3B,

reporting them as outward taxable supplies for

the time being.

Besides, ECO may also, for the time being, furnish

the details of such supplies of restaurant services

under Section 9(5) in Table 7A(1) or Table 4A of

GSTR-1, as the case may be, for accounting purpose.

Registered persons supplying restaurant services

through ECOs under Section 9(5) will report such

supplies of restaurant services made through

ECOs in Table 8 of GSTR-1 and Table 3.1 (c) of

GSTR-3B, for the time being.

2. Difficulty, if any, in implementation of this Circular may please be brought to the notice of the undersigned.

Hemant Kumar, (IAS), Commissioner State Tax, Goa.

Panaji, 9th February, 2022.

Note: Similar circular is issued under Central Goods and Services Tax Act, 2017 by Department of Revenue,

Ministry of Finance, GOI, New Delhi vide Circular No. 167/23/2021-GST dated 17th December, 2021.

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