GST – States – 26-Leg./2018 – Dated:- 23-10-2018 – GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 23rd October, 2018 No. 26-Leg./2018.-The following Ordinance of the Governor of Punjab, promulgated under clause (1) of article 213 of the Constitution of India on the 18th day of October, 2018, is hereby published for general information:- THE PUNJAB GOODS AND SERVICES TAX (AMENDMENT) ORDINANCE, 2018 (Punjab Ordinance No. 2 of 2018) AN ORDINANCE further to amend the Punjab Goods and Services Tax Act, 2017. Promulgated by the Governor of Punjab in the Sixty-ninth Year of the Republic of India. Whereas, the Legislative Assembly of the State of Punjab is not in session and the Governor 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 Punjab is pleased to promulgate the follow
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(16), for the words Central Board of Excise and Customs , the words Central Board of Indirect Taxes and Customs shall be substituted; (iii) in clause (17), for sub-clause (h), the following sub-clause shall be substituted, namely:- (h) activities of a race club including by way of totalisator or a license to book maker or activities of a licensed book maker in such club; and ; (iv) clause (18) shall be omitted; (v) in clause (35), for the word, brackets and letter clause (c) , the word, brackets and letter clause (b) shall be substituted; (vi) in clause (69), in sub-clause (f), after the word and figures article 371 , the words, figures and letter and article 371J shall be inserted; and (vii) in clause (102), the following Explanation shall be inserted, 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 of Punjab Act 5 of 2017. 3. In the principal Ac
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substituted. Amendment of section 9 of Punjab Act 5 of 2017. 4. In the principal Act, in section 9, for sub-section (4), the following sub-section shall be substituted, namely:- (4) The Government may, on the recommendations of the Council, by notification, specify a class of registered persons who shall, in respect of supply of specified categories of goods or services or both received from an unregistered supplier, pay the tax on reverse charge basis as the recipient of such supply of goods or services or both, 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 such supply of goods or services or both. . Amendment of section 10 of Punjab Act 5 of 2017. 5. In the principal Act, in section 10,- (i) in sub-section (1),- (a) for the sign and words in lieu of the tax payable by him, an amount calculated at such rate , the words, brackets, sign and figures in lieu of the tax payable by him under sub-section (1) o
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, brackets and figure sub-section (1) of shall be omitted. Amendment of section 13 of Punjab Act 5 of 2017. 7. In the principal Act, in section 13, in sub-section (2), the words, brackets and figure sub-section (2) of occurring at both the places, shall be omitted. Amendment of section 16 of Punjab Act 5 of 2017. 8. In the principal Act, in section 16, in sub-section (2),- (i) in clause (b), for the Explanation, the following Explanation shall be substituted, namely:- Explanation.-For the purposes of this clause, it shall be deemed that the registered person has received the goods or, as the case may be, services- (i) 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; (ii) where the services are provided by the supplier to any person on the direction of and on account
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ning on driving such motor vehicles; (aa) vessels and aircraft except when they are used- (i) for making the following taxable supplies, namely:- (A) further supply of such vessels or aircraft; or (B) transportation of passengers; or (C) imparting training on navigating such vessels; or (D) imparting training on flying such aircraft; (ii) for transportation of goods; (ab) services of general insurance, servicing, repair and maintenance in so far as they relate to motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa): Provided that the input tax credit in respect of such services shall be available- (i) where the motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) are used for the purposes specified therein; (ii) where received by a taxable person engaged- (I) in the manufacture of such motor vehicles, vessels or aircraft; or (II) in the supply of general insurance services in respect of such motor vehicles, vessels or aircraft insured by
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provide to its employees under any law for the time being in force. . Amendment of section 20 of Punjab Act 5 of 2017. 10. In the principal Act, in section 20, in the Explanation, in clause (c), for the words and figures under entry 84 , the words, figures and letter under entries 84 and 92A shall be substituted. Amendment of section 22 of Punjab Act 5 of 2017. 11. In the principal Act, in section 22, – (i) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:- 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."; and (ii) in the Explanation, in clause (iii), after the word Constitution , the words except the State of Jammu and Kas
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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.". Amendment of section 29 of Punjab Act 5 of 2017. 14. In the principal Act, in section 29,- (i) in the marginal heading, after the word Cancellation , the words or suspension shall be inserted; (ii) in sub-section (1), after clause (c), the following proviso shall be inserted, namely:- Provided that during pendency of the proceedings relating to cancellation of registration filed by the registered person, the registration may be suspended for such period and in such manner as may be prescribed. ; and (iii) in sub-section (2), after the proviso, the following proviso shall be inserted, namely:- Provided further that during pendency of the proceedings relating to cancellation of registration, the proper officer may suspend the registration for such period and in such manner as may be prescribed. . Amen
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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 of Punjab Act 5 of 2017. 17. In the principal Act, in section 39,- (i) in sub-section (1),- (a) for the words in such form and manner as may be prescribed , the words in such form, manner and within such time as may be prescribed shall be substituted; (b) the words on or before the twentieth day of the month succeeding such calendar month or part thereof shall be omitted; (c) the following proviso shall be inserted, namely:- Provided that the Government may, on the recommendations of the Council, notify certain classes of registered persons who shall furnish return for every quarter or part thereof, subject to such conditions and safeguards as may be specified therein. ; (ii) in sub-section (7), the following proviso shall be inserted, namely:- Provided that the Government may, on the recommendations of the Council, notify
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rson 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) The procedure for furnishing the details of outward supplies by the supplier on the common portal, for the purposes of availing input tax credit by the recipient shall be such as may be prescribed. (4) The procedure for availing input tax credit in respect of outward supplies not furnished under sub-section (3) shall be such as may be prescribed and such procedure may include the maximum amount of the input tax credit which can be so availed, not exceeding twenty per cent. of the input tax credit available, on the basis of details furnished by the suppliers under the said sub-section. (5) The amount of tax specified in the o
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d 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 of Punjab Act 5 of 2017. 19. In the principal Act, in section 48, 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 of Punjab Act 5 of 2017. 20. In the principal Act, in section 49,- (i) in sub-section (2), for the word and figures section 41 , the words, figures and letter section 41 or section 43A shall be substituted; and (ii) in sub-section (5),- (a) in clause (c), the following proviso shall be inserted, namely:- Provided that the input tax credit on account of State tax shall be utilised 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; ; (b) in clause (d), the following proviso shall be inserted, namely:-
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ations 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 of Punjab Act 5 of 2017. 22. In the principal Act, in section 52, in sub-section (9), for the word and figures section 37 , the words and figures section 37 or section 39 shall be substituted. Amendment of section 54 of Punjab Act 5 of 2017. 23. In the principal Act, in section 54,- (i) in sub-section (8), in clause (a), for the words zero-rated supplies , the words "export" and "exports" shall respectively be substituted; and (ii) after sub-section (14), in the Explanation, in clause (2),- (a) in sub-clause (c), in item i, after the words foreign exchange , the words or in Indian rupees wherever permitted by the Reserve Bank of India shall be inserted; (b) for sub-clause (e), the following sub-clause shall be substituted
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s and sign arising from the said order, the words and sign subject to a maximum of fifty crore rupees, shall be inserted. Amendment of section 129 of Punjab Act 5 of 2017. 27. In the principal Act, in section 129, in sub-section (6), for the words seven days occurring at both the places, the words fourteen days shall be substituted. Amendment of section 143 of Punjab Act 5 of 2017. 28. In the principal Act, in section 143, 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 of Punjab Act 5 of 2017. 29. In the principal Act, in Schedule I, in paragraph 4, for the words taxable person , the word person shall be substituted. Amendment of Schedule II of Punjab Act 5 of 2017. 30. In the principal Act, in Schedule I
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