TMI BlogBihar Goods and Services Tax (Amendment) Act, 2019X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) in sub-section (1), after 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 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 Council: , the words Council; and shall be substituted; (iii) after clause (e), the following clause shall be inserted, namely:- (f) he is neither a casual taxable person nor a non-resident taxable person: ; (c) after sub-section (2), the following sub-section shall be inserted, namely:- (2A) Notwithstanding anything to the contrary contained in this Act, but subject to the provisions of sub-sections (3) and (4) of section 9, a registered person, not eligible to opt to pay tax under sub-section (1) and sub-section (2),whose aggregate turnover in the preceding financial y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erest 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. . 4. Amendment of section 22. - In section 22 of the principal Act, in subsection (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 aggregate turnover from twenty lakh rupees to such amount not exceeding forty lakh rupees in case of supplier who is engaged exclusively in the supply of goods, subject to such conditions and limitations, as may be notified. Explanation. For the purposes of this sub-section, a person shall be considered to be engaged exclusively in the supply of goods even if he is eng ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 such 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. . 6. Insertion of new section 31A .- After section 31 of the principal Act, the following section shall be inserted, namely: 31A. Facility of digital payment to recipient - The Government may, on the recommendations of the Council, prescribe a class of registered persons who shall provide prescribed modes of electronic payment to the recipient of supply of goods or services or both made by him and give option to such recipient to make payment accordingly, in such manner and subject to such conditions and r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... form and manner, and within such time, as may be prescribed. . 8. Amendment of section 44 .- In the principal Act, in section 44, in subsection (1), the 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. . 9. Amendment of section 49. - In section 49 of the principal Act, after subsection (9), the following sub-sections shall be inserted, namely:- (10) A registered person may, on the common portal, transfer any amount of tax, interest, penalty, fee or any other amount available in the electronic cash ledger under this Act, to the electronic cash ledger for integrated tax, central tax, State tax, or cess, in such form and manner and subject to such conditions and restrictions as may be prescribed and such transfer shall be deemed to be a refund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cash ledger, in such manner and within such time as may be prescribed. . 13. Amendment of section 54. - In section 54 of the principal Act, after sub-section (8), the following sub-section shall be inserted with effect from 1st day of September, 2019, 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. . 14. Amendment of section 95 .- In section 95 of the principal Act,- (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 and letter or of section 101C shall be inserted; (ii) after clause (e) , the following clause shall be inserted, namely:- (f) National Appellate Authority means the National Appellate Authority for Advance Ruling referred to in section 101A. . 15. Insertion of new sections 101A, 101B and 101C. - After section 101 of the principal Act, the following sections shall be inserted, namely:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll 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 manner as may be prescribed and shall be sent to the applicant, the officer authorised by the Commissioner, the Board, the Chief Commissioner and Commissioner of State tax of all States and Chief Commissioner and Commissioner of Union territory tax of all Union territories and to the Authority or Appellate Authority, as the case may be, after such pronouncement. . 16. Amendment in section 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) for the heading, the following heading shall be substituted, namely:- Procedure of Authority, Appellate Authority and National Appellate Authority. ; (b) after the words Appellate Authority , the words or the National Appellate Authority shall be inserted. 21. Amendment in section 171. - In section 171 of the principal Act, after sub-section (3), the following 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 penalty shall be leviable if the profiteered amount is deposited within thirty days of the date of passing of the order by the Authority. Explanation.- For the purposes of this section, the expression profiteered shall mean the amount determined on account of not passing the benefit of reduction in rate of tax on supply of goods or services or both or the benefit of input tax credit to the recipient by way of co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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