TaxTMI 
TaxTMI 
THE PUNJAB GOODS AND SERVICES TAX (AMENDMENT) ORDINANCE, 2018.
X X X X Extracts X X X X
X X X X Extracts X X X X
....d commencement. 1. (1) This Ordinance may be called the Punjab Goods and Services Tax (Amendment) Ordinance, 2018. (2) Save as otherwise provided, the provisions of this Ordinance shall come into force on such date as the Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Ordinance and any reference in any such provision to the commencement of this Ordinance shall be construed as a reference to the coming into force of that provision. Amendment of section 2 of Punjab Act 5 of 2017. 2. In the Punjab Goods and Services Tax Act, 2017 (hereinafter referred to as the principal Act), in section 2,- (i) in clause (4), for the words "the Appellate Authority and the Appellate Tribunal", the words, brackets and figures "the Appellate Authority, the Appellate Tribunal and the Authority referred to in sub-section (2) of section 171" shall be substituted; (ii) in clause (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 b....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d 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) of section 9, an amount of tax calculated at such rate" shall be substituted; (b) in the proviso, for the words and sign "one crore rupees, as may be recommended by the Council.", the words "one crore and fifty lakh rupees as may be recommended by the Council:" shall be substituted; (c) 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 the State in the preceding financial year or five lakh rupees, whichever is higher."; and ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r (C) imparting training 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 him; (b) the following supply of goods or services or both- (i) food and bever....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e principal Act, in section 25,- (i) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:- "Provided further that a person having a unit, as defined in the Special Economic Zones Act, 2005 (Central Act 28 of 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 State."; and (ii) in sub-section (2), for the proviso, the following proviso shall be substituted, namely:- "Provided 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, t....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... shall be inserted, namely:- "Provided that the Government may, on the recommendations of the Council, notify certain classes of registered persons who shall pay to the Government the tax due or part thereof as per the return on or before the last date on which he is required to furnish such return, subject to such conditions and safeguards as may be specified therein."; and (iii) in sub-section (9),- (a) for the words "in the return to be furnished for the month or quarter during which such omission or incorrect particulars are noticed", the words "in such form and manner as may be prescribed" shall be substituted; (b) 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 section 43A in Punjab Act 5 of 2017. 18. In the principal Act, after section 43, 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 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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:- "Provided that the input tax credit on account of Union territory 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;". Insertion of section 49A and 49B in Punjab Act 5 of 2017. 21. In the principal Act, after section 49, the following sections shall be inserted, namely:- Utilisation of input tax credit subject to certain conditions. "49A. Notwithstanding anything contained in section 49, the input tax credit on account o....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 5 of 2017. 26. In the principal Act, in section 112, in sub-section (8), in clause (b), after the words 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 II, in the heading, after the word "ACTIVITIES", the wor....