1975

Panaji, 8th September, 2023 (Bhadra 17, 1945)

SERIES I No. 23

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF GOA

Department of Law

Legal Affairs Division

__

Notification

7/29/2023-LA

The Goa Goods and Services Tax (Amend-

ment) Act, 2023 (Goa Act 31 of 2023), which

has been passed by the Legislative Assem-

bly of Goa on 07-08-2023 and assented to by

the Governor of Goa on 05-09-2023, is hereby

published for the general information of the

public.

Dnyaneshwar Raut Dessai, Joint Secretary

(Law).

Porvorim, 8th September, 2023.

_________

The Goa Goods and Services

Tax (Amendment) Act, 2023

(Goa Act 31 of 2023) [5-09-2023]

An

Act

further to amend the Goa Goods and Services

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

EXTRAORDINARY

No. 2

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fourth 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, 2023.

(2) Save as otherwise provided in this Act,

the provisions of this Act shall come into force

on such date as the Government may, by

notification in the Official Gazette appoint 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 10.— In the Goa

Goods and Services Tax Act, 2017 (Goa Act 4

of 2017) (hereinafter referred to as the

“principal Act”), in section 10,—

(i) in sub-section (2), in clause (d), the

words “goods or” shall be omitted;

(ii) in sub-section (2A), in clause (c), the

words “goods or” shall be omitted.

3. Amendment of section 16.— In section

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

(i) in the second proviso, for the

expression “added to his output tax liability,

along with interest thereon”, the expression

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8TH SEPTEMBER, 2023

1976

“paid by him along with interest payable

under section 50” shall be substituted;

(ii) in the third proviso, after the words

“made by him”, the words “to the supplier”

shall be inserted.

4. Amendment of section 17.— In section 17

of the principal Act,—

(i) in sub-section (3), in the Explanation,

for the expression “except those specified

in paragraph 5 of the said Schedule”, the

following expression shall be substituted,

namely:—

“except,—

(i) the value of activities or transactions

specified in paragraph 5 of the said

Schedule; and

(ii) the value of such activities or

transactions as may be prescribed in

respect of clause (a) of paragraph 8 of the

said Schedule.”;

(ii) in sub-section (5), after clause (f), the

following clause shall be inserted,

namely:—

“(fa) goods or services or both

received by a taxable person, which are

used or intended to be used for activities

relating to his obligations under corporate

social responsibility referred to in section

135 of the Companies Act, 2013 (Act 18 of

2013);”.

5. Amendment of section 23.— In section 23

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

following sub-section shall be substituted and

shall be deemed to have been substituted with

effect from the 1st day of July, 2017, namely:—

“(2) Notwithstanding anything to the

contrary contained in sub-section (1) of

section 22 or section 24, the Government

may, on the recommendations of the

Council, by notification, subject to such

conditions and restrictions as may be

specified therein, specify the category of

persons who may be exempted from

obtaining registration under this Act.”.

6. Amendment of section 30.— In section 30

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

(i) for the expression “the prescribed

manner within thirty days from the date of

service of the cancellation order:”, the

expression “such manner, within such time

and subject to such conditions and

restrictions, as may be prescribed.” shall be

substituted;

(ii) the proviso shall be omitted.

7. Amendment of section 37.— In section 37

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

following sub-section shall be inserted,

namely:—

“(5) A registered person shall not be

allowed to furnish the details of outward

supplies under sub-section (1) for a tax

period after the expiry of a period of three

years from the due date of furnishing the said

details:

Provided that the Government may, on the

recommendations of the Council, by

notification, subject to such conditions and

restrictions as may be specified therein,

allow a registered person or a class of

registered persons to furnish the details of

outward supplies for a tax period under sub-

section (1), even after the expiry of the said

period of three years from the due date of

furnishing the said details.”.

8. Amendment of section 39.— In section 39

of the principal Act, after sub-section (10), the

following sub-section shall be inserted,

namely:—

“(11) A registered person shall not be

allowed to furnish a return for a tax period

after the expiry of a period of three years

from the due date of furnishing the said

return:

Provided that the Government may, on the

recommendations of the Council, by

notification, subject to such conditions and

restrictions as may be specified therein,

allow a registered person or a class of

registered persons to furnish the return for

a tax period, even after the expiry of the said

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period of three years from the due date of

furnishing the said return.”.

9. Amendment of section 44.— In section 44

of the principal Act,—

(i) the existing provision shall be

numbered as sub-section (1);

(ii) after sub-section (1) so numbered, the

following sub-section shall be inserted,

namely:—

“(2) A registered person shall not be allowed

to furnish an annual return under sub-section

(1) for a financial year after the expiry of a

period of three years from the due date of

furnishing the said annual return:

Provided that the Government may, on the

recommendations of the Council, by

notification, and subject to such conditions and

restrictions as may be specified therein, allow

a registered person or a class of registered

persons to furnish an annual return for a

financial year under sub-section (1), even after

the expiry of the said period of three years from

the due date of furnishing the said annual

return.”.

10. Amendment of section 52.— In section

52 of the principal Act, after sub-section (14),

the following sub-section shall be inserted,

namely:—

“(15) The operator shall not be allowed

to furnish a statement under sub-section (4)

after the expiry of a period of three years

from the due date of furnishing the said

statement:

Provided that the Government may, on the

recommendations of the Council, by

notification, subject to such conditions and

restrictions as may be specified therein,

allow an operator or a class of operators to

furnish a statement under sub-section (4),

even after the expiry of the said period of

three years from the due date of furnishing

the said statement.”.

11. Amendment of section 54.— In section

54 of the principal Act, in sub-section (6), the

expression “excluding the amount of input tax

credit provisionally accepted,” shall be

omitted.

12. Amendment of section 56.— In section

56 of the principal Act, for the words “from

the date immediately after the expiry of sixty

days from the date of receipt of application

under the said sub-section till the date of

refund of such tax”, the expression “for the

period of delay beyond sixty days from the date

of receipt of such application till the date of

refund of such tax, to be computed in such

manner and subject to such conditions and

restrictions as may be prescribed” shall be

substituted.

13. Amendment of section 62.— In section

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

(i) for the words “thirty days”, the words

“sixty days” shall be substituted;

(ii) the following proviso shall be inserted,

namely:—

“Provided that where the registered

person fails to furnish a valid return within

sixty days of the service of the assessment

order under sub-section (1), he may

furnish the same within a further period

of sixty days on payment of an additional

late fee of one hundred rupees for each

day of delay beyond sixty days of the

service of the said assessment order and

in case he furnishes valid return within

such extended period, the said

assessment order shall be deemed to

have been withdrawn, but the liability to

pay interest under sub-section (1) of

section 50 or to pay late fee under section

47 shall continue.”.

14. Substitution of section 109. — For section

109 of the principal Act, the following section

shall be substituted, namely:—

“109. Constitution of Appellate Tribunal

and Benches thereof.— Subject to the

provisions of this Chapter, the Goods and

Services Tax Tribunal constituted under the

Central Goods and Services Tax Act, 2017

(Central Act 12 of 2017) shall be the

Appellate Tribunal for hearing appeals

against the orders passed by the Appellate

Authority or the Revisional Authority under

this Act.”.

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15. Omission of sections 110 and 114.—

Sections 110 and 114 of the principal Act shall

be omitted.

16.

Amendment of section 117.— In section

117 of the principal Act,—

(i) in sub-section (1), for the words “State

Bench or Area Benches”, the words “State

Benches” shall be substituted;

(ii) in sub–section (5), in clauses (a) and

(b), for the words “State Bench or Area

Benches”, the words “State Benches” shall

be substituted.

17. Amendment of section 118.–– In section

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

clause (a), for the words “National Bench or

Regional Benches”, the words “Principal

Bench” shall be substituted.

18. Amendment of section 119.— In section

119 of the principal Act,—

(i) for the words “National or Regional

Benches”, the words “Principal Bench”

shall be substituted;

(ii) for the words “State Bench or Area

Benches”, the words “State Benches” shall

be substituted.

19. Amendment of section 122.— In section

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

the following sub-section shall be inserted,

namely:—

“(1B) Any electronic commerce operator

who.—

(i) allows a supply of goods or services

or both through it by an unregistered

person other than a person exempted

from registration by a notification issued

under this Act to make such supply;

(ii) allows an inter-State supply of goods

or services or both through it by a person

who is not eligible to make such inter-

State supply; or

(iii) fails to furnish the correct details in

the statement to be furnished under sub-

section (4) of section 52 of any outward

supply of goods effected through it by

a person exempted from obtaining

registration under this Act,

shall be liable to pay a penalty of ten

thousand rupees, or an amount equivalent

to the amount of tax involved had such

supply been made by a registered person

other than a person paying tax under

section 10, whichever is higher.”.

20.

Amendment of section 132.— In section

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

(i) clauses (g), (j) and (k) shall be omitted;

(ii) in clause (l), for the expression,

“clauses (a) to (k)”, the expression “clauses

(a) to (f) and clauses (h) and (i)” shall be

substituted;

(iii) in clause (iii), for the expression “any

other offence”, the expression “an offence

specified in clause (b),” shall be substituted;

(iv) in clause (iv), the expression “or

clause (g) or clause (j)” shall be omitted.

21. Amendment of section 138.— In section

138 of the principal Act,—

(i) in sub-section (1), in the first proviso,—

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

shall be substituted, namely:—

“(a) a person who has been allowed

to compound once in respect of any of

the offences specified in clauses (a) to

(f), (h), (i) and (l) of sub-section (1) of

section 132;”;

(b) clause (b) shall be omitted;

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

shall be substituted, namely:—

“(c) a person who has been accused of

committing an offence under clause (b)

of sub-section (1) of section 132;”;

(d) clause (e) shall be omitted;

(ii) in sub-section (2), for the expression

“ten thousand rupees or fifty per cent. of the

tax involved, whichever is higher, and the

maximum amount not being less than thirty

thousand rupees or one hundred and fifty

percent. of the tax, whichever is higher”,

the expression “twenty-five percent. of the

tax involved and the maximum amount not

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being more than one hundred percent. of

the tax involved”shall be substituted.

22. Insertion of new section 158A.— After

section 158 of the principal Act, the following

section shall be inserted, namely:—

“158A. Consent based sharing of

information furnished by taxable person.—

(1) Notwithstanding anything contained in

sections 133, 152 and 158, the following

details furnished by a registered person

may, subject to the provisions of sub-section

(2), and on the recommendations of the

Council, be shared by the common portal

with such other systems as may be notified

by the Government, in such manner and

subject to such conditions as may be

prescribed, namely:—

(a) particulars furnished in the

application for registration under section

25 or in the return filed under section 39

or under section 44;

(b) the particulars uploaded on the

common portal for preparation of invoice,

the details of outward supplies furnished

under section 37 and the particulars

uploaded on the common portal for

generation of documents under section

68;

(c) such other details as may be

prescribed.

(2) For the purposes of sharing details

under sub-section (1), the consent shall be

obtained, of —

(a) the supplier, in respect of details

furnished under clauses (a), (b) and (c) of

sub-section (1); and

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(b) the recipient, in respect of details

furnished under clause (b) of sub-section

(1), and under clause (c) of sub-section

(1) only where such details include

identity information of the recipient, in

such form and manner as may be

prescribed.

(3) Notwithstanding anything contained

in any law for the time being inforce, no

action shall lie against the Government or

the common portal with respect to any

liability arising consequent to information

shared under this section and there shall be

no impact on the liability to pay tax on the

relevant supply or as per the relevant

return.”.

23. Retrospective exemption to certain

activities and transactions in Schedule III.—

(1) In Schedule III to the principal Act,

paragraphs 7 and 8 and the Explanation 2

thereof (as inserted vide section 32 of Goa Act

4 of 2019) shall be deemed to have been

inserted therein with effect from the 1st day of

July, 2017.

(2) No refund shall be made of all the

tax which has been collected, but which

would not have been so collected,

had sub-section (1) been in force at all

material times.

SANDIP JACQUES,

Secretary to the

Secretariat,

Government of Goa,

Porvorim–Goa.

Law Department

Dated: 08-09-2023

(Legal Affairs).