MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 24th August, 2017/Bhadra 2, 1939 (Saka)

The following Act of Parliament received the assent of the President on the 23rd August, 2017, and is hereby published for general information:-

THE CENTRAL GOODS AND SERVICES TAX (EXTENSION TO JAMMU AND KASHMIR) ACT, 2017 NO. 26 OF 2017

[23rd August, 2017.]

An Act to provide for the extension of the Central Goods and Services Tax Act, 2017 to the State of Jammu and Kashmir.

BE it enacted by Parliament in the Sixty-eighth 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 (Extension to Jammu and Kashmir) Act, 2017.

    (2) It shall be deemed to have come into force on the 8th day of July, 2017.

Extension and amendment of Central Goods and Services  Tax Act, 2017.

2. (1) The Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the principal Act) and all rules, notifications and orders made thereunder by the Central Government are hereby extended to, and shall be in force in, the State of Jammu and Kashmir.

(2) With effect from the date of commencement of this Act, in the principal Act,-

(a) in section 1, in sub-section (2), the words “except the State of Jammu and Kashmir” shall be omitted;

(b) in section 22, in the Explanation, in clause (ii), after the word “Constitution”, the words “except the State of Jammu and Kashmir” shall be inserted;

(c) in section 109, in sub-section (6),-

(i) after the words “each State or Union territory”, the words “except for the State of Jammu and Kashmir” shall be inserted;

(ii) in the first proviso, for the words “Provided that”, the following shall be substituted, namely:-

“Provided that for the State of Jammu and Kashmir, the State Bench of the Goods and Services Tax Appellate Tribunal constituted under this Act shall be the State Appellate Tribunal constituted under the Jammu and Kashmir Goods and Services Tax Act, 2017:

Provided further that”;

(iii) in the second proviso, for the words “Provided further that”, the words “Provided also that” shall be substituted.

Repeal and saving.

3. (1) The Central Goods and Services Tax (Extension to Jammu and Kashmir) Ordinance, 2017(Ord. 3 of 2017.) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

Extension of Central GST to Jammu and Kashmir changes the principal Act and provides a State appellate tribunal arrangement. The Act extends the Central Goods and Services Tax Act and all related rules, notifications and orders to Jammu and Kashmir, deems the extension effective from an earlier date, omits the prior exclusion of Jammu and Kashmir from the principal Act, inserts corresponding explanatory language, and modifies appellate-bench provisions by providing that the State Bench for Jammu and Kashmir shall be the State Appellate Tribunal under the Jammu and Kashmir GST Act. It also repeals the prior Ordinance while saving actions taken thereunder.