Goods and Services Tax – GST – Dated:- 8-8-2018 – As INTRODUCED IN LOK SABHA Bill No. 143 of 2018 THE CENTRAL GOODS AND SERVICES TAX (AMENDMENT) BILL, 2018 A BILL further to amend the Central Goods and Services Tax Act, 2017. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:- Short title and commencement 1. (1) This Act may be called the Central Goods and Services Tax (Amendment) Act, 2018. (2) Save as otherwise provided, the provisions of this Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that 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. Amendment of section 2 2. In section 2 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the principal Act),- (a) in c
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, namely:- Explanation.-For the removal of doubts, it is hereby clarified that the expression services includes facilitating or arranging transactions in securities; . Amendment of section 7. 3. In section 7 of the principal Act, with effect from the 1st day of July, 2017,- (a) in sub-section (1), – (i) in clause (b), after the words or furtherance of business; , the word and shall be inserted and shall always be deemed to have been inserted; (ii) in clause (c), after the words a consideration , the word and shall be omitted and shall always be deemed to have been omitted; (iii) clause (d) shall be omitted and shall always be deemed to have been omitted; (b) after sub-section (1), the following sub-section shall be inserted and shall always be deemed to have been inserted, namely:- (1A) where certain activities or transactions, constitute a supply in accordance with the provisions of sub-section (1), they shall be treated either as supply of goods or supply of services as referred to i
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t calculated at such rate , the words, brackets and figures in lieu of the tax payable by him under sub-section (1) of section 9, an amount of tax calculated at such rate shall be substituted; (ii) in the proviso, for the words one crore rupees , the words one crore and fifty lakh rupees shall be substituted; (iii) after the proviso, the following proviso shall be inserted, namely:- 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 per cent. of turnover in a State or Union territory in the preceding financial year or five lakh rupees, whichever is higher. ; (b) in sub-section (2), for clause (a), the following clause shall be substituted, namely:- (a) save as provided in sub-section (1), he is not engaged in the supply of services; . Amendment of section 12 6. In section 12 of the principal Act, in sub-section (2), in c
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b) in clause (c), for the word and figures section 41 , the words, figures and letter section 41 or section 43A shall be substituted. Amendment of section 17 9. In section 17 of the principal Act,- (a) in sub-section (3), the following Explanation shall be inserted, namely:- Explanation.-For the purposes of this sub-section, the expression value of exempt supply shall not include the value of activities or transactions specified in Schedule III, except those specified in paragraph 5 of the said Schedule. ; (b) in sub-section (5), for clauses (a) and (b), the following clauses shall be substituted, namely:- (a) motor vehicles for transportation of persons having approved seating capacity of not more than thirteen persons (including the driver), except when they are used for making the following taxable supplies, namely:- (A) further supply of such motor vehicles; or (B) transportation of passengers; or (C) imparting training on driving such motor vehicles; (aa) vessels and aircraft exce
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d and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery, leasing, renting or hiring of motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) except when used for the purposes specified therein, life insurance and health insurance: Provided that the input tax credit in respect of such goods or services or both shall be available where an inward supply of such goods or services or both is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as an element of a taxable composite or mixed supply; (ii) membership of a club, health and fitness centre; and (iii) travel benefits extended to employees on vacation such as leave or home travel concession: Provided that the input tax credit in respect of such goods or services or both shall be available, where it is obligatory for an employer to provide to its employees under any law for the time being in force. . Amend
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r the words commerce operator , the words and figures who is required to collect tax at source under section 52 shall be inserted. Amendment of section 25. 13. In section 25 of the principal Act,- (a) in sub-section (1), after the proviso and before the Explanation, the following proviso shall be inserted, namely:- Provided further that a person having a unit, as defined in the Special Economic Zones Act, 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 same State or Union territory. ; (b) in sub-section (2), for the proviso, the following proviso shall be substituted, namely:- Provided that a person having multiple places of business in a State or Union territory may be granted a separate registration for each such place of business, subject to such conditions as may be prescribed. . Amendment of section 29. 14. In section
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notes for supplies made in a financial year shall be substituted; (b) in sub-section (3),- (i) for the words Where a tax invoice has , the words Where one or more tax invoices have shall be substituted; (ii) for the words a debit note , the words one or more debit notes for supplies made in a financial year shall be substituted. Amendment of section 35 16. In section 35 of the principal Act, in sub-section (5), the following proviso shall be inserted, namely:- Provided that nothing contained in this sub-section shall apply to any department of the Central Government or a State Government or a local authority, whose books of account are subject to audit by the Comptroller and Auditor-General of India or an auditor appointed for auditing the accounts of local authorities under any law for the time being in force. . Amendment of section 39 17. In section 39 of the principal Act,- (a) in sub-section (1),- (i) for the words in such form and manner as may be prescribed , the words in such fo
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the month or quarter during which such omission or incorrect particulars are noticed , the words in such form and manner as may be perscribed shall be substituted; (ii) in the proviso, for the words the end of the financial year , the words the end of the financial year to which such details pertain shall be substituted. Insertion of new section 43A. 18. After section 43 of the principal Act, the following section shall be inserted, namely:- Procedure for furnishing return and availing input tax credit 43A. (1) Notwithstanding anything contained in sub-section (2) of section 16, section 37 or section 38, every registered person shall in the returns furnished under sub-section (1) of section 39 verify, validate, modify or delete the details of supplies furnished by the suppliers. (2) Notwithstanding anything contained in section 41, section 42 or section 43, the procedure for availing of input tax credit by the recipient and verification thereof shall be such as may be prescribed. (3)
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ich the details have been furnished under sub-section (3) or sub-section (4) but return thereof has not been furnished. (7) For the purposes of sub-section (6), the recovery shall be made in such manner as may be prescribed and such procedure may provide for non-recovery of an amount of tax or input tax credit wrongly availed not exceeding one thousand rupees. (8) The procedure, safeguards and threshold of the tax amount in relation to outward supplies, the details of which can be furnished under sub-section (3) by a registered person,- (i) within six months of taking registration; (ii) who has defaulted in payment of tax and where such default has continued for more than two months from the due date of payment of such defaulted amount, shall be such as may be prescribed. . Amendment of section 48 19. In section 48 of the principal Act, in sub-section (2), after the word and figures section 45 , the words and to perform such other functions shall be inserted. Amendment of section 49 20
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ain conditions 49A. Notwithstanding anything contained in section 49, the input tax credit on account of central tax, State tax or Union territory tax shall be utilised towards payment of integrated tax, central tax, State tax or Union territory tax, as the case may be, only after the input tax credit available on account of integrated tax has first been utilised fully towards such payment. Order of utilisation of input tax credit. 49B. Notwithstanding anything contained in this Chapter and subject to the provisions of clause (e) and clause (f) of sub-section (5) of section 49, the Government may, on the recommendations of the Council, prescribe the order and manner of utilisation of the input tax credit on account of integrated tax, central tax, State tax or Union territory tax, as the case may be, towards payment of any such tax. . Amendment of section 52 22. In section 52 of the principal Act, in sub-section (9), for the word and figures section 37 , the words and figures section 37
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red to in sub-section (4) or, as the case may be, sub-section (5) of section 25. . Amendment of section 107 25. In section 107 of the principal Act, in sub-section (6), in clause (b), after the words arising from the said order, , the words subject to a maximum of twenty-five crore rupees, shall be inserted. Amendment of section 112 26. In section 112 of the principal Act, in sub-section (8), in clause (b), after the words arising from the said order, the words subject to a maximum of fifty crore rupees, shall be inserted. Amendment of section 129 27. In section 129 of the principal Act, in sub-section (6), for the words seven days , the words fourteen days shall be substituted. Amendment of section 140 28. In section 140 of the principal Act, with effect from the 1st day of July, 2017,- (a) in sub-section (1), after the letters and word CENVAT credit , the words of eligible duties shall be inserted and shall always be deemed to have been inserted; (b) in the Explanation 1- (i) for the
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toms Tariff Act, 1975 (51 of 1975). . Amendment of section 143 29. In section 143 of the principal Act, in sub-section (1), in clause (b), after the proviso, the following proviso shall be inserted, namely:- Provided further that the period of one year and three years may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding one year and two years respectively. . Amendment of Schedule I 30. In Schedule I of the principal Act, in paragraph 4, for the words taxable person , the word person shall be substituted. Amendment of Schedule II 31. In Schedule II of the principal Act, in the heading, after the word ACTIVITIES , the words OR TRANSACTIONS shall be inserted and shall always be deemed to have been inserted with effect from the 1st day of July, 2017. Amendment of Schedule III 32. In Schedule III of the principal Act, – (i) after paragraph 6, the following paragraphs shall be inserted, namely:- 7. Supply of goods from a place in the non-ta
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rtain provisions for smooth transition of existing taxpayers to new goods and services tax regime. However, the new tax regime had faced certain difficulties. One of the major inconveniences caused to the taxpayers, especially small and medium enterprises, was the process of filing return and payment of tax under the Goods and Services Tax laws. In this regard, the proposed new return filing system envisages quarterly filing of return and tax payment for small taxpayers along with minimum paperwork. In order to implement the new return filing system, and also to overcome the above difficulties, it is proposed to amend the Central Goods and Services Tax Act, 2017. 3. The proposed Central Goods and Services Tax (Amendment) Bill, 2018, inter alia, provides for the following, namely:- (i) to amend section 7 of the Act to clarify the scope of supply; (ii) to amend section 9 of the Act empowering the Central Government to notify classes of registered persons to pay the tax on reverse charge
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ide for the new system of filing return and availing input tax credit; (ix) to amend sub-section (6) of section 107 of the Act relating to Appeals so as to provide that the amount of pre-deposit payable for filing of appeal shall be capped at twenty five crore rupees; (x) to amend section 129 of the Act so as to increase the period relating to detention or seizure of goods and conveyance in transit from seven days to fourteen days. 4. The Bill seeks to achieve the above objectives. PIYUSH GOYAL NEW DELHI; The 4th August, 2018. PRESIDENT S RECOMMENDATION UNDER ARTICLE 117 AND 274 OF THE CONSTITUTION OF INDIA [Copy of D.O. No. CBEC/20/06/05/2018-GST dated 6th August, 2018 from Shri Piyush Goyal, Minister of Finance to the Secretary General, Lok Sabha] The President, having been informed of the subject matter of the Central Goods and Services Tax (Amendment) Bill, 2018, recommends the introduction of the Central Goods and Services Tax (Amendment) Bill, 2018, to Lok Sabha under clauses (1
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scheme from one crore rupees to one crore and fifty lakh rupees, and to allow the composition taxpayers to supply services (other than restaurant services), for up to a value not exceeding ten per cent. of turnover in the preceding financial year, or five lakh rupees, whichever is higher. Clause 6 of the Bill seeks to amend section 12 of the principal Act relating to Time of supply of goods and the said amendment is drafting in nature. Clause 7 of the Bill seeks to amend section 13 of the principal Act relating to Time of supply of services and the said amendment is drafting in nature. Clause 8 of the Bill seeks to amend section 16 of the principal Act relating to Eligibility and conditions for input tax credit , in order to provide for input tax credit in cases of Billto-ship-to model in the case of supply of services. The said clause further seeks to include the provisions relating to the new return format as specified in the proposed new section 43A, for availment of input tax credi
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or mandatory registration for only those e-commerce operators who are liable to collect tax at source under section 52 of the principal Act. Clause 13 of the Bill seeks to amend section 25 of the principal Act relating to Procedure for registration , so as to allow persons having multiple places of business in a State or Union territory to obtain separate registration for each such place of business, and to insert the provisions for separate registration for a person having a unit(s) in a Special Economic Zone or being a Special Economic Zone developer, distinct from his other units located outside the Special Economic Zone. Clause 14 of the Bill seeks to amend section 29 of the principal Act relating to Cancellation of registration , so as to provide for temporary suspension of registration while cancellation of registration is under process. Clause 15 of the Bill seeks to amend section 34 of the principal Act relating to Credit and debit notes , so as to allow registered persons to i
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s to perform other functions such as filing refund claim, filing application for cancellation of registration, etc. Clause 20 of the Bill seeks to amend section 49 of the principal Act relating to Payment of tax, interest, penalty and other amounts in order to provide that the credit of State tax or Union territory tax can be utilised for payment of integrated tax only when the balance of the input tax credit on account of central tax is not available for payment of integrated tax. Clause 21 of the Bill seeks to insert two new sections, namely, section 49A and section 49B. Section 49A seeks to specify that a taxpayer would be able to utilise the input tax credit on account of central tax, State tax or Union territory tax only after exhausting all the credit on account of integrated tax available to him towards payment or integrated tax, Central tax, State tax or Union territory tax. Section 49B seeks to empower the Government to prescribe any specific order of utilisation of input tax
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g to Appeals to Appellate Authority , in order to specify twenty-five crore rupees as the upper limit of the amount of pre-deposit payable for filing of appeal before the Appellate Authority. Clause 26 of the Bill seeks to amend section 112 of the principal Act relating to Appeals to Appellate Tribunal , in order to specify fifty crore rupees as the upper limit of the amount of pre-deposit payable for filing of appeal before the Appellate Tribunal. Clause 27 of the Bill seeks to amend section 129 of the principal Act relating to Detention, seizure and release of goods and conveyances in transit , in order to increase the time limit before which proceedings under section 130 can be initiated from seven to fourteen days. Clause 28 of the Bill seeks to amend section 140 of the principal Act relating to Transitional arrangements for input tax credit , in order to clarify with retrospective effect from 1st July, 2017 that the cesses and additional duty of excise (on textile and textile arti
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FINANCIAL MEMORANDUM The proposed Central Goods and Services Tax (Amendment) Bill, 2018 does not involve any recurring or non-recurring expenditure from the Consolidated Fund of India. MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 13 of the Bill empowers the Central Government to prescribe the procedure for allowing persons having multiple places of business in a State or Union territory to obtain separate registrations for each such place of business. Clause 14 of the Bill empowers the Central Government to prescribe the procedure for suspension of registration while cancellation of registration is under process. Clause 17 of the Bill empowers the Central Government to prescribe the procedure for filing of returns and payment of taxes. Clause 18 of the Bill empowers the Central Government to prescribe the procedure for furnishing returns and availing input tax credit. Clause 21 of the Bill empowers the Central Government to prescribe the specific order of utilisation of input tax
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omponent of an enterprise that is engaged in the supply of individual goods or services or a group of related goods or services which is subject to risks and returns that are different from those of the other business verticals. Explanation.-For the purposes of this clause, factors that should be considered in determining whether goods or services are related include- (a) the nature of the goods or services; (b) the nature of the production processes; (c) the type or class of customers for the goods or services; (d) the methods used to distribute the goods or supply of services; and (e) the nature of regulatory environment (wherever applicable), including banking, insurance, or public utilities; * * * * * (35) cost accountant means a cost accountant as defined in clause (c) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959); * * * * * (69) local authority means- * * * * * (f) a Development Board constituted under article 371 of the Constitution; or
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t to the provisions of sub-sections (1) and (2), the Government may, on the recommendations of the Council, specify, by notification, the transactions that are to be treated as- (a) a supply of goods and not as a supply of services; or (b) a supply of services and not as a supply of goods. * * * * * Levy and collection 9. (1) * * * * * (4) The central tax in respect of the supply of taxable goods or services or both by a supplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis as the recipient and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both. * * * * * Composition levy. 10. (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
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CHAPTER IV TIME AND VALUE OF SUPPLY Time of supply of goods 12. (1) * * * * * (2) The time of supply of goods shall be the earlier of the following dates, namely:- (a) the date of issue of invoice by the supplier or the last date on which he is required, under sub-section (1) of section 31, to issue the invoice with respect to the supply; or * * * * * Time of supply of services 13. (1) * * * * * (2) The time of supply of services shall be the earliest of the following dates, namely:- (a) the date of issue of invoice by the supplier, if the invoice is issued within the period prescribed under sub-section (2) of section 31 or the date of receipt of payment, whichever is earlier; or (b) the date of provision of service, if the invoice is not issued within the period prescribed under sub-section (2) of section 31 or the date of receipt of payment, whichever is earlier; or (c) the date on which the recipient shows the receipt of services in his books of account, in a case where the provisi
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ct of any supply of goods or services or both to him unless,- * * * * * (b) he has received the goods or services or both. Explanation.-For the purposes of this clause, it shall be deemed that the registered person has received the goods where the goods are delivered by the supplier to a recipient or any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to goods or otherwise; (c) subject to the provisions of section 41, the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said supply; and * * * * * Apportionment of credit and blocked credits. 17. (1) * * * * * (3) The value of exempt supply under sub-section (2) shall be such as may be prescribed, and shall include supplies on which the recipient is liable to pay tax on reverse charge basis
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es or both or as an element of a taxable composite or mixed supply; (ii) membership of a club, health and fitness centre; (iii) rent-a-cab, life insurance and health insurance except where- (A) the Government notifies the services which are obligatory for an employer to provide to its employees under any law for the time being in force; or (B) such inward supply of goods or services or both of a particular category is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as part of a Taxable composite or mixed supply; and (iv) travel benefits extended to employees on vacation such as leave or home travel concession; * * * * * Manner of distribution of credit by Input Service Distributor 20. (1) * * * * * Explanation.-For the purposes of this section,- * * * * * (c) the term ''turnover'', in relation to any registered person engaged in the supply of taxable goods as well as goods not taxable under this Act,
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rson who makes a supply from the territorial waters of India shall obtain registration in the coastal State or Union territory where the nearest point of the appropriate baseline is located. (2) A person seeking registration under this Act shall be granted a single registration in a State or Union territory: Provided that a person having multiple business verticals in a State or Union territory may be granted a separate registration for each business vertical, subject to such conditions as may be prescribed. * * * * * Cancellation of registration 29. (1) * * * * * (c) the taxable person, other than the person registered under sub- section (3) of section 25, is no longer liable to be registered under section 22 or section 24. * * * * * Credit and debit notes 34. (1) Where a tax invoice has been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to exceed the taxable value or tax payable in respect of such supply, or where
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ts, the reconciliation statement under sub-section (2) of section 44 and such other documents in such form and manner as may be prescribed. * * * * * Furnishing of returns. 39. (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. * * * * * (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
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(2) A registered person may authorise an approved goods and services tax practitioner to furnish the details of outward supplies under section 37, the details of inward supplies under section 38 and the return under section 39 or section 44 or section 45 in such manner as may be prescribed. * * * * * CHAPTER X PAYMENT OF TAX Payment of tax, interest, penalty and other amounts. 49. (1) * * * * * (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. * * * * * (5) The amount of input tax credit available in the electronic credit ledger of the registered person on account of- * * * * * (c) the State tax shall first be utilised towards payment of State tax and the amount remaining, if any, may be utilised towards payment of integrated tax; (d) the Union territory tax shall first be utilised towards payment of Union territory tax an
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* * * * CHAPTER XVIII APPEALS AND REVISION Appeals to Appllate Authority. 107. (1) * * * * * (6) No appeal shall be filed under sub-section (1), unless the appellant has paid- * * * * * (b) a sum equal to ten per cent, of the remaining amount of tax in dispute arising from the said order, in relation to which the appeal has been filed. * * * * * Appeals to Appllate Tribunal. 112. (1) * * * * * (8) No appeal shall be filed under sub-section (1), unless the appeallant has paid- * * * * * (b) a sum equal to twenty per cent of the remaining amount of tax in dispute, in addition to the amount paid under sub-section (6) of section 107, arising from the said order, in relation to which the appeal has been filled. * * * * * Detention, seizure and release of goods and conveyances in transit 129. (1) * * * * * (6) Where the person transporting any goods or the owner of the goods fails to pay the amount of tax and penalty as provided in sub-section (1) within seven days of such detention or seizu
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he existing law for the period of six months immediately preceding the appointed date; or (iii) where the said amount of credit relates to goods manufactured and cleared under such exemption notifications as are notified by the Government. * * * * * Explanation 1.-For the purposes of sub-sections (3), (4) and (6), the expression eligible duties means- * * * * * (iv) the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Textile and Textile Articles) Act, 1978 (40 of 1978); * * * * * Explanation 2.-For the purposes of sub-section (5), the expression eligible duties and taxes means- * * * * * (iv) the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Textile and Textile Articles) Act, 1978 (40 of 1978); * * * * * CHAPTER XXI MISCELLANEOUS Job work procedure 143. (1) * * * * * (b) supply such inputs, after completion of job work or otherwise, or capital goods, other than moulds and dies, jigs and fixtures, or tools,
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