TaxTMI 
TaxTMI 
Uttar Pradesh Goods and Services Tax (Second Amendment) Act, 2024
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....Second Amendment) Act, 2024. (2) The provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act. Amendment of section 9 2. In the Uttar Pradesh Goods and Services Tax Act, 2017 (hereinafter referred to as the Principal Act), in section 9. in sub-section (1), after the words "alcoholic liquor for human consumption", the words "and un-denatured extra neutral alcohol or rectified spirit used for manufacture of alcoholic liquor, for human consumption" shall be inserted. Amendment of section 10 3. In section 10 of the Principal Act, in sub-section (5), after the words and figures "section 73 or section 74", the words, figures and letter "or section 74A" shall be inserted. Insertion of new section 11A 4. After section 11 of the Principal Act, the following section shall be inserted, namely :- Power not to recover Goods and Services Tax not levied or short- levied as a result of general practice "11A. Notwithstanding anything contained in this Act. if the Government is satisfied that- ....
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....availment of input tax credit in respect of an invoice or debit note was not restricted under sub-section (4) on the date of order of cancellation of registration, the said person shall be entitled to take the input tax credit in respect of such invoice or debit note for supply of goods or services or both, in a return under section 39, -- (i) filed up to thirtieth day of November following the financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier; or (ii) for the period from the date of cancellation of registration or the effective date of cancellation of registration, as the case may be, till the date of order of revocation of cancellation of registration, where such return is filed within thirty days from the date of order of revocation of cancellation of registration, whichever is later.". Amendment of section 17 7. In section 17 of the Principal Act, in sub-section (5), in clause (i), for the words and figures "sections 74, 129 and 130": the words and figures "section 74 in respect of any period up to Financial Year 2023-24" shall be substituted. Amendment of section 21 8. In ....
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....on 74", the words, figures and letter "or section 74A" shall be inserted. Amendment of section 54 16. In section 54 of the Principal Act, --- (a) in sub-section (3), the second proviso shall be omitted; (b) after sub-section (14) and before the Explanation, the following sub-section shall be inserted, namely :- "(15) Notwithstanding anything contained in this section, no refund of unutilised input tax credit on account of zero rated supply of goods or of integrated tax paid on account of zero rated supply of goods shall be allowed where such zero rated supply of goods is subjected to export duty.". Amendment of section 61 17. In section 61 of the Principal Act, in sub-section (3), after the words and. figures "section 73 or section 74". the words. figures and letter "or section 74A" shall be inserted. Amendment of section 62 18. In section 62 of the Principal Act, in sub-section (1), after the words and figures "section 73 or section 74", the words, figures and letter "or section 74A" shall be inserted. Amendment of section 63 19. In section 63 of the Principal Act, after the words and figures "section 73 or section 74". the words,....
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....erroneously refunded or input tax credit wrongly availed or utilised for any reason pertaining to Financial Year 2024-25 onward "74A. (1) Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under section 50 and a penalty leviable under the provisions of this Act or the rules made thereunder: Provided that no notice shall be issued, if the tax which has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilised in a financial year is less than one thousand rupees. (2) The proper officer shall issue the notice under sub-section (1) within forty-two months from the due date for furnishing of annual return for the financial year to which the ta....
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....d for any reason, other than the reason of fraud or any wilful-misstatement or suppression of facts to evade tax, may,- (i) before service of notice under sub-section (1), pay the amount of tax along with interest payable under section 50 of such tax on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment, and the proper officer, on receipt of such information shall not serve any notice under sub-section (1) or the statement under sub-section (3), as the case may be, in respect of the tax so paid or any penalty payable under the provisions of this Act or the rules made thereunder; (ii) pay the said tax along with interest payable under section 50 within sixty days of issue of show cause notice. and on doing so, no penalty shall be payable and all proceedings in respect of the said notice shall be deemed to be concluded. (9) The person chargeable with tax, where any tax has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilised by reason of fraud, or any wilful-misstatement or suppression of facts to....
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....sections 122 and 125 are deemed to be concluded. Explanation 2- For the purposes of this Act, the expression "suppression" shall mean non-declaration of facts or information which a taxable person is required to declare in the return, statement, report or any other document furnished under this Act or the rules made thereunder, or failure to furnish any information on being asked for, in writing, by the proper officer. Amendment of section 75 27. In section 75 of the Principal Act,-- (a) in sub-section (1), after the word and figures "section 74", the words, brackets, figures and letter "or sub-sections (2) and (7) of section 74A" shall be inserted: (b) after sub-section (2). the following sub-section shall be inserted, namely :- "(2A) Where any Appellate Authority or Appellate Tribunal or court concludes that the penalty under clause (ii) of sub-section (5) of section 74A is not sustainable for the reason that the charges of fraud or any wilful-misstatement or suppression of facts to evade tax has not been established against the person to whom the notice was issued, the penalty shall be payable by such person, under clause (i) of sub-sect....
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....s and figure "after the expiry of - the period referred to in sub-section (1)", the words, brackets and figure "or permit the filing of an application within three months after the expiry of the period referred to in sub-section (3)" shall be inserted; (d) in sub-section (8), in clause (b), -- 1) 1. (i) for the words "twenty per cent", the words "ten per cent" shall be substituted; (ii) for the words "fifty crore rupees", the words "twenty crore rupees" shall be substituted. Amendment of section 122 31. In section 122 of the Principal Act, with effect from the 1st day of October, 2023. in sub-section (1B), for the words "Any electronic commerce operator who", the words and figures "Any electronic commerce operator, who is liable to collect tax at source under section 52" shall be substituted. Amendment of section 127 32. In section 127 of the Principal Act, after the words and figures "section 73 or section 74", the words, figures and letter "or section 74A" shall be inserted. Insertion of new section 128A 33. After section 128 of the Principal Act, the following section shall be inserted, namely :- Waiver of interest or penalty....
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....ty or the Appellate Tribunal or the court referred to in the first proviso, shall be subject to the condition that the said person pays the additional amount of tax payable, if any, in accordance with the order of the Appellate Authority or the Appellate Tribunal or the court or the Revisional Authority, as the case may be, within three months from the date of the said order: Provided also that where such interest and penalty has already been paid, no refund of the same shall be available. (2) Nothing contained in sub-section (1) shall be applicable in respect of any amount payable by the person on account of erroneous refund. (3) Nothing contained in sub-section (1) shall be applicable in respect of cases where an appeal or writ petition filed by the said person is pending before Appellate Authority or Appellate Tribunal or a court, as the case may be, and has not been withdrawn by the said person on or before the date notified under sub-section (1). (4) Notwithstanding anything contained in this Act, where any amount specified under sub-section (1) has been paid and the proceedings are deemed to be concluded under the said sub-section, no appea....