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 ..... ay be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ets, figure and letter or sub-section (2A), as the case may be, shall be inserted; and (g) after sub-section (5), the following Explanations shall be inserted, namely:- Explanation 1. For the purposes of computing aggregate turnover of a person for determining his eligibility to pay tax under this 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmendations of the Council, specify in the said notification. (6C) On and from the date of notification, every person, other than an individual, shall, in order to be eligible for grant of registration, undergo authentication, or furnish proof of possession of Aadhaar number of the Karta, Managing Director, whole time Director, such number of partners, Members of Managing Committee of Association, Board of Trustees, authorised representative, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to in the proviso thereto, or sub-section (3) or sub-section (5), shall pay to the Government the tax due as per such return not later than the last date on which he is required to furnish such return: Provided that every registered person furnishing return under the proviso to sub-section (1) shall pay to the Government, the tax due taking into account inward and outward supplies of goods or services or both, input tax credit availed, tax payable and such other particulars during a month, in such form and manner, and within such time, as may be prescribed: Provided 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of time limit notified by the Commissioner of Central tax shall be deemed to be notified by the Commissioner. ; and (b) in sub-section (5), 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 statement 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. . Insertion 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a period of thirty days from the date on which the ruling sought to be appealed against is communicated to the applicants, concerned officers and jurisdictional officers: Provided that the officer authorised by the Commissioner may file appeal within a period of ninety days from the date on which the ruling sought to be appealed against is communicated to the concerned officer or the jurisdictional officer: Provided further that the National Appellate Authority may, if it is satisfied that the appellant was prevented by a sufficient cause from presenting the appeal within the said period of thirty days, or as the case may be, ninety days, allow such appeal to be presented within a further period not exceeding thirty days. Explanation. For removal of doubts, it is clarified that the period of thirty days or as the case may be, ninety days shall be counted from 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. 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued under the Income-tax Act, 1961; (b) the concerned officers and the jurisdictional officers in respect of the applicants referred to in clause (a) and the registered persons having the same Permanent Account Number issued under the Income-tax Act, 1961. ; and (ii) in sub-section (2), after the words, brackets and figure in sub-section (1) , the words, brackets, figure and letter and sub-section (1A) shall be inserted. Amendment in section 104 of Punjab Act 5 of 2017. 18. In the principal Act, in section 104, in sub-section (1), (a) after the words Authority or the Appellate Authority , the words or the National Appellate Authority shall be inserted; and (b) after the words and figures of section 101 , the words, figures and letter or under section 101C shall be inserted. Amendment in section 105 of Punjab Act 5 of 2017. 19. In the principal Act, in section 105, - (a) in the marginal heading, the following marginal heading shall be substituted, namely: Powers of Authority, Appellate Authority and National Appellate Authority. ; (b) in sub-section (1), a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have, over the last two years, been seeking simplification of provisions and processes under the act to make it more user friendly. These simplifications involve provision of alternative composition scheme, constitution of National Appellate Authority for Advance Ruling, raising of threshold exemption limit, provision of mandatory Aadhaar submission or authentication for persons registered under the Act, provision of annual and quarterly payments and returns and exemption in time for filing annual returns and reconciliation statements. The Punjab Goods and Services Tax (Amendment) Bill, 2020 seeks to provide for these changes so as to make the levy and collection of taxes under the GST effective and easier for the tax payers. CAPTAIN AMARINDER SINGH, Chief Minister, Punjab FINANCIAL MEMORANDUM There are no direct financial implications. The Punjab Goods and Services Tax (Amendment) Bill, 2020 seeks to simplify the provisions and processes under the Act to make it more taxpayers friendly. ______ The Governor has, in pursuance of clause (1) and (3) of Article 207 of the Constitution of India, recommended t ..... 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