TaxTMI 
TaxTMI 
Tripura State Goods and Services Tax (Fifth Amendment) Act, 2022
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....ancy with the Central Act; BE it enacted by The Tripura Legislative Assembly in the seventy fourth year of the Republic of India as follows: Short title and commencement. 1. (1) This may be called the 'Tripura State Goods and Services Tax (Fifth Amendment) Act, 2022'; (2) Save as otherwise provided in this Act, sections 2 to 15 shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Amendment of section 16. 2. In the Tripura State Goods and Services Tax Act, 2017 (9 of 2017) (hereinafter referred to as the Tripura State Goods and Services Tax Act), in section 16,- (a) in sub-section (2),- (i) after clause (b), the following clause shall be inserted, namely :-- "(ba) the details of input tax credit in respect of the said supply communicated to such registered person under section 38 has not been restricted;"; (ii) in clause (c), the words, figures and letter "or section 43A" shall be omitted; (b) in sub-section (4), for the words and figures "due date of furnishing of the return under section 39 for the month of September", the words "thirtieth day of Nove....
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....vided that the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish the details of outward supplies under sub-section (1), even if he has not furnished the details of outward supplies for one or more previous tax periods. ". Substitution of new section for section 38. 6. For section 38 of the Tripura State Goods and Services Tax Act, the following section shall be substituted, namely :- Communication of details of inward supplies and input tax credit. "38. (1) The details of outward supplies furnished by the registered persons under sub-section (1) of section 37 and of such other supplies as may be prescribed, and an auto-generated statement containing the details of input tax credit shall be made available electronically to the recipients of such supplies in such form and manner, within such time, and subject to such conditions and restrictions as may be prescribed. (2) The auto-generated statement under sub-section (1) shall consist of- (a) details of inward supplies in respect o....
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.... sections 37 and 38, if", the word "Where" shall be substituted; (ii) in the proviso, for the words "the due date for furnishing of return for the month of September or second quarter", the words "the thirtieth day of November" shall be substituted; (d) in sub-section (10), for the words "has not been furnished by him", the following shall be substituted, namely :- "or the details of outward supplies under sub-section (1) of section 37 for the said tax period has not been furnished by him: Provided that the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish the return, even if he has not furnished the returns for one or more previous tax periods or has not furnished the details of outward supplies under sub-section (1) of section 37 for the said tax period. ". Substitution of new section for section 41. 8. For section 41 of the Tripura State Goods and Services Tax Act, the following section shall be substituted, namely :- Availment of input tax credit. "41. (1) Every ....
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....tion 50 of the Tripura State Goods and Services Tax Act, for sub-section (3), the following sub-section shall be substituted and shall be deemed to have been substituted with effect from the 1st day of July, 2017, namely :- "(3) Where the input tax credit has been wrongly availed and utilised, the registered person shall pay interest on such input tax credit wrongly availed and utilised, at such rate not exceeding twenty-four per cent. as may be notified by the Government, on the recommendations of the Council, and the interest shall be calculated, in such manner as may be prescribed.". Amendment of section 52 14. In section 52 of the Tripura State Goods and Services Tax Act, in sub-section (6), in the proviso, for the words "due date for furnishing of statement for the month of September", the words "thirtieth day of November" shall be substituted. Amendment of section 54 15. In section 54 of the Tripura State Goods and Services Tax Act, - (a) in sub-section (1), in the proviso, for the words and figures "the return furnished under section 39 in such", the words "such form and" shall be substituted; (b) in sub-section (2), for the words "six ....
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....oods and Services Tax Act, 2017, shall stand amended and shall be deemed to have been amended retrospectively, in the manner specified in column (2) of the Second Schedule, on and from the date specified in column (3) of that Schedule. (2) For the purposes of sub-section (1), the State Government shall have and shall be deemed to have the power to amend the notification referred to in the said sub-section with retrospective effect as if the State Government had the power to amend the said notification under sub-sections (1) and (3) of section 50, sub- section (12) of section 54 and section 56 of the Tripura State Goods and Services Tax Act, 2017, retrospectively, at all material times. Retrospective exemption from, or levy or collection of state tax in certain cases. 18. (1) Notwithstanding anything contained in the notification of the Government of Tripura in the Finance Department number 230, dated the 29th June, 2017 issued by the State Government, on the recommendations of the Council, in exercise of the powers under sub-section (1) of section 9 of the Tripura State Goods and Services Tax Act, 2017, no state tax shall be levied or collected in respect of supply of....