TMI BlogMaharashtra 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 ..... ) Save as otherwise provided, remaining sections shall come into force on such date as the Government may, by notification in theOfficial Gazette, appoint and 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 Mah. XLIII of 2017 2. In section 2 of the Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIII of 2017) (hereinafter referred to as the principal Act ), (a) 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 ; (b) in clause (16), for the words Central Board of Excise and Customs the words Central Board of Indirect Taxes and Customs shall be substituted ; (c) in clause (17), for sub-clause (h), the following sub-clause shall be substituted, namely :- (h) activities of a race club including by way of totalisator or a license to book maker or activi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Amendment of section 10 of Mah. XLIII of 2017. 5. In section 10 of the principal Act, - (a) in sub-section (1),- (i) for the words in lieu of the tax payable by him, an amount calculated at such rate the words, brackets 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; (ii) in the proviso, for the words one crore rupees the words one crore and fifty lakh rupees shall be substituted; (iii) 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. ; (b) in sub-section (2), for clause (a), the following clause shall be substituted, namely: (a) save as provided in sub-section (1), he is not engaged in the supply of services; . Amendment of section 12 of Mah. XLIII of 2017. 6. In section 12 of the principal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch 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 beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery, leasing, renting or hiring of motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) except when used for the purposes specified therein, life insurance and health insurance: Provided that, the input tax credit in respect of such goods or services o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated outside the Special Economic Zone in the same State. ; (b) 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 Mah. XLIII of 2017 14. In section 29 of the principal Act, (a) in the marginal note, after the word Cancellation the words or suspension shall be inserted ; (b) 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, the registration may be suspended for such period and in such manner as may be prescribed. ; (c) in sub-section (2), after the proviso, the following proviso shall be inserted, namely:- Provided further that, during pendency of the proceedings relating to cancellation of registration, the proper officer may suspend the registration for such period and in such manner as may be prescribed. . Amendment of sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rn 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; (ii) 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 Mah. XLIII of 2017. 18. After section 43 of the principal Act, 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 sub-section (1) of section 39 verify, validate, modify or delete the details of supplies furnished by the suppliers. (2) Notwithstanding anything contained in section 41, section 42 or section 43, the procedure for availing of input tax credit by the recipient and verification thereof shall be such as may be prescribed. (3) The procedure for furnishing the details of outward supplies by the supplier on the common portal, for the purposes of availing inpu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit on account of central tax is not available for payment of integrated tax; ; (ii) 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 sections 49A and 49B in Mah. XLIII of 2017 21. After section 49 of the principal Act, 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 of State tax shall be utilised towards payment of integrated tax or State tax, as the case may be, only after the input tax credit available on account of integrated tax has first been utilised fully towards such payment. Order of utilization of input tax credit. 49B. Notwithstanding anything contained in this Chapter and subject to the provisions of clause (e) and clause (f) of sub-section (5) of section 49, the Government may, on the recommendations of the Council, pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Mah. XLIII of 2017 29. In Schedule I appended to the principal Act, in paragraph 4, for the words taxable person the word person shall be substituted. Amendment of Schedule II of Mah. XLIII of 2017 30. In Schedule II appended to the principal Act, in the heading, after the word ACTIVITIES the words OR TRANSACTIONS shall be inserted and shall always be deemed to have been inserted with effect from the 1st day of July 2017. Amendment of Schedule III of the Mah. XLIII of 2017 31. In Schedule III appended to the principal Act,- (i) after paragraph 6, the following paragraphs shall be inserted, namely :- 7. Supply of goods from a place outside India to another place out side India without such goods entering into India. 8. (a) Supply of warehoused goods to any person before clearance for home consumption; (b) supply of goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... akh rupees; (vi) to amend section 25 of the Act, so as to facilitate tax payer to have the option to obtain multiple registrations for multiple places of business located within the same State and to provide for separate registration for Special Economic Zone unit or developer; (vii) to amend section 29 of the Act, so as to insert a provision for temporary suspension of registration while cancellation of registration is under process; (viii) to insert a new section 43A, so as to provide for the new system of filing return and availing input tax credit; (ix) to amend sub-section (6) of section 107 of the Act relating to Appeals, so as to provide that the amount of pre-deposit payable for filing of appeal shall be capped at twenty five crore rupees; (x) to amend section 129 of the Act, so as to increase the period relating to detention or seizure of goods and conveyance in transit from seven days to fourteen days. 4. As both Houses of the State Legislature are not in session and the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action further to amend the Maharashtra Goods and Services Tax Act, 2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
