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TMI BlogPunjab Goods and Services Tax (Amendment) Bill, 2020X X X X Extracts X X X X X X X X Extracts X X X X ..... onstrued as a reference to the coming into force of that provision. Amendment in 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, in clause (4), after the words and sign "the Appellate Authority for Advance Ruling,", the words and sign "the National Appellate Authority for Advance Ruling," shall be inserted; Amendment in section 10 of Punjab Act 5 of 2017. 3. In the principal Act, in section 10,-- (a) in sub-section (1), after the second proviso, the following Explanation shall be inserted, namely:- "Explanation.--For the purposes of second proviso, the value of exempt supply of services provided by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount shall not be taken into account for determining the value of turnover in the State."; (b) in sub-section (2),- (i) in clause (d), the word ''and'' occurring at the end shall be omitted; (ii) in clause (e), for the word and sign ''Council:'', the words and sign ''Council; and'' shall be substituted; (iii) after clause (e), the following clause shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section, the expression "aggregate turnover" shall include the value of supplies made by such person from the 1st day of April of a financial year up to the date when he becomes liable for registration under this Act, but shall not include the value of exempt supply of services provided by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount. Explanation 2.--For the purposes of determining the tax payable by a person under this section, the expression "turnover in State" shall not include the value of following supplies, namely:- (i) supplies from the first day of April of a financial year up to the date when such person becomes liable for registration under this Act; and (ii) exempt supply of services provided by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount.'. Amendment in section 22 of Punjab Act 5 of 2017. 4. In the principal Act, in section 22, in sub-section (1), after the second proviso, the following shall be inserted, namely:-- "Provided also that the Government may, on the recommendations of the Council, enhance the aggrega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sentative, authorised signatory and such other class of persons, in such manner, as the Government may, on the recommendations of the Council, specify in the said notification: Provided that where such person or class of persons have not been assigned the Aadhaar Number, such person or class of persons shall be offered alternate and viable means of identification in such manner as the Government may, on the recommendations of the Council, specify in the said notification. (6D) The provisions of sub-section (6A) or sub-section (6B) or sub-section (6C) shall not apply to such person or class of persons or part of the State, as the Government may, on the recommendations of the Council, specify by notification. Explanation.-For the purposes of this section, the expression "Aadhaar number" shall have the same meaning as assigned to it in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.". Insertation of new section 31A of Punjab Act 5 of 2017. 6. In the principal Act, after section 31, the following section shall be inserted, namely:-- Facility of digital payment to recipient "31A. The Government may, on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d further that every registered person furnishing return under sub-section (2) shall pay to the Government, the tax due taking into account turnover in the State, inward supplies of goods or services or both, tax payable, and such other particulars during a quarter, in such form and manner, and within such time, as may be prescribed.". Amendment in section 44 of Punjab Act 5 of 2017. 8. In the principal Act, in section 44, in sub-section (1), for the sign ".", the sign ":" shall be substituted and thereafter following provisos shall be inserted, namely:- "Provided that the Commissioner may, on the recommendations of the Council and for reasons to be recorded in writing, by notification, extend the time limit for furnishing the annual return for such class of registered persons as may be specified therein: Provided further that any extension of time limit notified by the Commissioner of Central tax shall be deemed to be notified by the Commissioner.". Amendment in section 49 of Punjab Act 5 of 2017. 9. In the principal Act, in section 49, after sub-section (9), the following sub-sections shall be added, namely:- "(10)A registered person may, on the common ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertion of new section 53 A of Punjab Act 5 of 2017. 12. In the principal Act, after section 53, the following section shall be inserted, namely:-- "53A. Where any amount has been transferred from the electronic cash ledger under this Act to the electronic cash ledger for central tax or integrated tax or cess, the Government shall, transfer to the central tax account or the integrated tax account or cess account, an amount equal to the amount transferred from the electronic cash ledger, in such manner and within such time as may be prescribed.". Amendment in section 54 of Punjab Act 5 of 2017. 13. In the principal Act, in section 54, after sub-section (8), the following sub-section shall be inserted, namely:-- "(8A) Where the Central Government has disbursed the refund of the State tax, the Government shall transfer an amount equal to the amount so refunded, to the Central Government.". Amendment in section 95 of Punjab Act 5 of 2017. 14. In the principal Act, in section 95,-- (i) in clause (a),-- (a) after the words "Appellate Authority", the words "or the National Appellate Authority" shall be inserted; (b) after the words and figures "of section 100", the words, figures ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the date of communication of the last of the conflicting rulings sought to be appealed against. (3) Every appeal under this section shall be in such form, accompanied by such fee and verified in such manner as may be prescribed. Order of National Appellate Authority. 101C. (1) The National Appellate Authority may, after giving an opportunity of being heard to the applicant, the officer authorised by the Commissioner, all Principal Chief Commissioners, Chief Commissioners of Central tax and Chief Commissioner and Commissioner of State tax of all States and Chief Commissioner and Commissioner of Union territory tax of all Union territories, pass such order as it thinks fit, confirming or modifying the rulings appealed against. (2) If the members of the National Appellate Authority differ in opinion on any point, it shall be decided according to the opinion of the majority. (3) The order referred to in sub-section (1) shall be passed as far as possible within a period of ninety days from the date of filing of the appeal under section 101B. (4) A copy of the Advance Ruling pronounced by the National Appellate Authority shall be duly signed by the Members and certified in such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity and National Appellate Authority."; (b) in sub-section (1), after the words "Appellate Authority", the words "or the National Appellate Authority" shall be inserted; and (c) in sub-section (2), after the words "Appellate Authority", the words "or the National Appellate Authority" shall be inserted. Amendment in section 106 of Punjab Act 5 of 2017. 20. In the principal Act, in section 106, - (a) for the marginal heading, the following marginal heading shall be substituted, namely:-- "Procedure of Authority, Appellate Authority and National Appellate Authority."; and (b) after the words "Appellate Authority", the words "or the National Appellate Authority" shall be inserted. Amendment in section 171 of Punjab Act 5 of 2017. 21. In the principal Act, in section 171, after sub-section (3), the following sub-section shall be inserted, namely:-- '(3A) Where the Authority referred to in sub-section (2), after holding examination as required under the said sub-section comes to the conclusion that any registered person has profiteered under sub-section (1), such person shall be liable to pay penalty equivalent to ten per cent of the amount so profiteered: Provided that no pen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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