THE INTEGRATED GOODS AND SERVICES TAX (AMENDMENT) BILL, 2018
GST
Dated:- 8-8-2018
AS INTRODUCED IN LOK SABHA
\nBill No. 144 of 2018
\nTHE INTEGRATED GOODS AND SERVICES TAX (AMENDMENT) BILL, 2018
\nA
\nBILL
\nfurther to amend the Integrated Goods and Services Tax Act, 2017.
\nBE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:
\nShort title and commencement
\n1. (1) This Act may be called the Integrated Goods and Services Tax (Amendment) Act, 2018.
\n (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:
\nProvided 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.
\nAmendment of section 2
\n2. In section 2 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017) (hereinafter referred to as the principa<\/p>\n
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\nAmendment of section 8
\n4. In section 8 of the principal Act, in sub-section (2), in Explanation 1, in clause (iii), the words, ''being a business vertical'' shall be omitted.
\nAmendment of section 12.
\n5. In section 12 of the principal Act, in sub-section (8), the following proviso shall be inserted, namely:
\n"Provided that where the transportation of goods is to a place outside India, the place of supply shall be the place of destination of such goods.".
\nAmendment of section 13
\n6. In section 13 of the principal Act, in sub-section (3), in clause (a), for the second proviso, the following proviso shall be substituted, namely:
\n"Provided further that nothing contained in this clause shall apply in the case of services supplied in respect of goods which are temporarily imported into India for repairs or for any other treatment or process and are exported after such repairs or treatment or proces<\/p>\n
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\nSTATEMENT OF OBJECTS AND REASONS
\nThe Integrated Goods and Services Tax Act, 2017 (the Act) was enacted with a view to make provisions for levy and collection of tax on inter-State supply of goods or services or both by the Central Government.
\n2. The Act makes certain provisions for smooth transition of existing taxpayers to new goods and services tax regime. However, the new tax regime has been facing certain difficulties in respect of matters relating to supply of taxable goods or services by a supplier, who is not registered and in facilitating the settlement of balance in the integrated tax account between the Central Government and the State Governments. In order to overcome these difficulties and to improve the ease of doing business for taxpayers and to extend the export related benefits to certain specific supplies, it is proposed to amend the Integrated Goods and Services Tax Act, 2017.
\n3. The proposed Integrated Goods and Services Tax <\/p>\n
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\nPIYUSH GOYAL
\nNEW DELHI;
\nThe 4th August, 2018
\nPRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 AND 274 OF THE CONSTITUTION OF INDIA
\n–
\n[Copy of D.O. No. CBEC\/20\/08\/02\/2018-GST dated 6th August, 2018 from Shri Piyush Goyal, Minister of Finance to the Secretary General, Lok Sabha]
\nThe President, having been informed of the subject matter of the Integrated Goods and Services Tax (Amendment) Bill, 2018, recommends the introudction of the Integrated Goods and Services Tax (Amendment) Bill, 2018, to the Lok Sabha under clauses (1) and (3) of the article 117 read with clause (1) of article 274 of the Constitution of India, and also recommends to Lok Sabha the consideration of the Bill.
\nFINANCIAL MEMORANDUM
\nThe proposed Integrated Goods and Services Tax (Amendment) Bill, 2018 does not involve any recurring or non-recurring expenditure from the Consolidated Fund of India
\nANNEXURE
\nEXTRACTS FROM THE INTEGRATED GOODS AND SERVICES TAX ACT, 2017
\n(13 OF 2017)
\n* * * *
\nDefinition<\/p>\n
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\n* * * * *
\nCHAPTER III
\nLEVY AND COLLECTION OF TAX
\nLevy and collection
\n5. (1)* * * * *
\n(4) The integrated 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.
\n* * * * *
\nIntra-State supply
\n8. (1)* * * * *
\n(2) Subject to the provisions of section 12, supply of services where the location of the supplier and the place of supply of services are in the same State or same Union territory shall be treated as intra-State supply:
\nProvided that the intra-State supply of services shall not include supply of services to or by a Special Economic Zone developer or a Special Economic Zone unit.
\n* * * * *
\nExplanation 1.-F<\/p>\n
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