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TMI BlogMeghalaya Goods and Services Tax (Amendment) Act, 2019X X X X Extracts X X X X X X X X Extracts X X X X ..... ce on such date as the Government of Meghalaya may, by notification in the official Gazette, appoint : Provided that different dates may 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. 2. Amendment of section 2.-In section 2 of the Meghalaya Goods and Services Tax Act, 2017 (hereinafter referred to as the principal Act),- (1) in clause (4), tor 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 ; (2) in clause (16), for the words "Central Board of Excise and Customs", the words "Central Board of Indirect Taxes and Customs" shall be substituted ; (3) 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 activities of a licensed book maker in such club ; and" ; (4) clause (18) shall be omitted ; (5) in clause (35), for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ackets 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 ; (b) in the proviso, for the words "one crore rupees, as may be recommended by the Council.", the words "one crore and fifty lakh rupees as may be recommended by the Council :" shall be substituted ; (c) after the existing proviso, the following new 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." ; (2) 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 ;". 6. Amendment of section 13.-In section 13 of the principal Act, in sub-section (2), the words, brackets and figure "sub-section (2) of" occurring at clauses (a) and (b), shall be omitted. 7. Amendment of section 16.-In section 16 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 or both shall be available, where an inward supply of such goods or services or both is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as an element of a taxable composite or mixed supply ; (ii) membership of a club, health and fitness centre ; and (iii) travel benefits extended to employees on vacation such as leave or home travel concession : Provided that the input tax credit in respect of such goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such period and in such manner as may be prescribed." 14. Amendment of section 34.-In section 34 of the principal Act,- (1) in sub-section (1),- (a) for the words "Where a tax invoice has", the words "Where one or more tax invoices have" shall be substituted ; (b) for the words "a credit note", the words "one or more credit notes for supplies made in a financial year" shall be substituted ; (2) in sub-section (3),- (a) for the words "Where a tax invoice has", the words "Where one or more tax invoices have" shall be substituted ; (b) for the words "a debit note", the words "one or more debit notes for supplies made in a financial year" shall be substituted. 15. Amendment of section 35.-In section 35 of the principal Act, in sub-section (5), the following proviso shall be inserted, namely :- "Provided that nothing contained in this sub-section shall apply to any Department of the Central Government or a State Government or a local authority, whose books of account are subject to audit by the Comptroller and Auditor-General of India or an auditor appointed for auditing the accounts of local authorities under any law for the time being in force.". 16. Amendment of section 39. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocedure for availing input tax credit in respect of outward supplies not furnished under sub-section (3) shall be such as may be prescribed and such procedure may include the maximum amount of the input tax credit which can be so availed, not exceeding twenty per cent. of the input tax credit available, on the basis of details furnished by the suppliers under the said sub-section. (5) The amount of tax specified in the outward supplies for which the details have been furnished by the supplier under sub-section (3) shall be deemed to be the tax payable by him under the provisions of the Act. (6) The supplier and the recipient of a supply shall be jointly and severally liable to pay tax or to pay the input tax credit availed, as the case may be, in relation to outward supplies for which the details have been furnished under sub-section (3) or sub-section (4) but return thereof has not been furnished. (7) For the purposes of sub-section (6), the recovery shall be made in such manner as may be prescribed and such procedure may provide for non-recovery of an amount of tax or input tax credit wrongly availed not exceeding one thousand rupees. (8) The procedure, safeguards and thresho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l be substituted. 22. Amendment of section 54.-In section 54 of the principal Act in clause (2) of the Explanation,- (a) in sub-clause (c), in item (i), after the words "foreign exchange", the words "or in Indian rupees wherever permitted by the Reserve Bank of India" shall be inserted ; (2) for sub-clause (e), the following sub-clause shall be substituted, namely :- "(e) in the case of refund of unutilized input tax credit under clause (ii) of the first proviso to sub-section (3), the due date for furnishing of return under Section 39 for the period in which such claim for refund arises ;". 23. Amendment of section 79.-In section 79 of the Principal Act, after sub-section (4), the following Explanation shall be inserted, namely :- "Explanation.-For the purposes of this section, the word person shall include "distinct persons" as referred to in sub-section (4) or, as the case may be, sub-section (5) of section 25.". 24. Amendment of section 107.-In section 107 of the principal Act, in sub-section (6), in clause (b), after the words "arising from the said order,", the words "subject to a maximum of Rupees twenty-five crore ," shall be inserted. 25. Amendment of section 112.- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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