 the central goods and services tax bill, 2017—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii administration3 officers under this act 4 appointment of officers 5 powers of officers 6 authorisation of officers of state tax or union territory tax as proper officer incertain circumstances chapter iii levy and collection of tax7 scope of supply 8 tax liability on composite and mixed supplies9 levy and collection10 composition levy 11 power to grant exemption from tax chapter iv time and value of supply12 time of supply of goods 13 time of supply of services 14 change in rate of tax in respect of supply of goods or services 15 value of taxable supply chapter v input tax credit16 eligibility and conditions for taking input tax credit 17 apportionment of credit and blocked credits(ii)18 availability of credit in special circumstances 19 taking input tax credit in respect of inputs and capital goods sent for job-work 20 manner of distribution of credit by input service distributor 21 manner of recovery of credit distributed in excess chapter  vi registration22 persons liable for registration 23 persons not liable for registration 24 compulsory registration in certain cases 25 procedure for registration 26 deemed registration 27 special provisions relating to casual taxable person and non-resident taxableperson28 amendment of registration 29 cancellation of registration 30 revocation of cancellation of registration chapter vii tax invoice, credit and debit notes31 tax invoice 32 prohibition of unauthorised collection of tax 33 amount of tax to be indicated in tax invoice and other documents 34 credit and debit notes chapter viii accounts and records35 accounts and other records 36 period of retention of accounts chapter ix returns37 furnishing details of outward supplies 38 furnishing details of inward supplies 39 furnishing of returns 40 first return 41 claim of input tax credit and provisional acceptance thereof 42 matching, reversal and reclaim of input tax credit 43 matching, reversal and reclaim of reduction in output tax liability 44 annual return 45 final return46 notice to return defaulters 47 levy of late fee 48 goods and services tax practitioners chapter x payment of tax49 payment of tax, interest, penalty and other amounts 50 interest on delayed payment of tax 51 tax deduction at source 52 collection of tax at source 53 transfer of input tax credit chapter xi refunds54 refund of tax 55 refund in certain cases 56 interest on delayed refunds 57 consumer welfare fund 58 utilisation of fund chapter xii assessment59 self-assessment 60 provisional assessment 61 scrutiny of returns 62 assessment of non-filers of returns63 assessment of unregistered persons 64 summary assessment in certain special cases chapter  xiii audit65 audit by tax authorities 66 special audit chapter xiv inspection, search, seizure and arrest67 power of inspection, search and seizure 68 inspection of goods in movement 69 power to arrest 70 power to summon persons to give evidence and produce documents 71 access to business premises72 officers to assist proper officers chapter  xv demands and recovery73 determination of tax not paid or short paid or erroneously refunded or input taxcredit wrongly availed or utilised for any reason other than fraud or any wilful misstatement or suppression of facts74  determination of tax not paid or short paid or erroneously refunded or input taxcredit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts75 general provisions relating to determination of tax 76 tax collected but not paid to government 77 tax wrongfully collected and paid to central government or state government 78 initiation of recovery proceedings 79 recovery of tax 80 payment of tax and other amount in instalments 81 transfer of property to be void in certain cases 82 tax to be first charge on property 83 provisional attachment to protect revenue in certain cases 84 continuation and validation of certain recovery proceedings chapter  xvi liability to pay in certain cases85 liability in case of transfer of business 86 liability of agent and principal87 liability in case of amalgamation or merger of companies 88 liability in case of company in liquidation 89 liability of directors of private company 90 liability of partners of firm to pay tax 91 liability of guardians, trustees, etc 92 liability of court of wards, etc 93 special provisions regarding liability to pay tax, interest or penalty in certaincases94 liability in other cases chapter  xvii advance  ruling95 definitions 96 authority for advance ruling 97 application for advance ruling 98 procedure on receipt of application99 appellate authority for advance ruling100 appeal to appellate authority 101 orders of appellate authority 102 rectification of advance ruling 103 applicability of advance ruling 104 advance ruling to be void in certain circumstances 105 powers of authority and appellate authority 106 procedure of  authority and  appellate authority chapter  xviii appeals and revision107 appeals to appellate authority 108 powers of revisional authority 109 constitution of appellate tribunal and benches thereof110 president and members of appellate tribunal, their qualification, appointment,conditions of service, etc111 procedure before appellate tribunal112  appeals to appellate tribunal 113 orders of  appellate tribunal 114 financial and administrative powers of president 115 interest on refund of amount paid for admission of appeal 116 appearance by authorised representative 117 appeal to high court 118 appeal to supreme court119 sums due to be paid notwithstanding appeal, etc120 appeal not to be filed in certain cases 121 non appealable decisions and orders chapter  xix offences and penalties122 penalty for certain offences 123 penalty for failure to furnish information return 124 fine for failure to furnish statistics 125  general penalty 126 general disciplines related to penalty 127 power to impose penalty in certain cases 128 power to waive penalty or fee or both 129 detention, seizure and release of goods and conveyances in transit130 confiscation of goods or conveyances and levy of penalty 131 confiscation or penalty not to interfere with other punishments 132 punishment for certain offences 133 liability of officers and certain other persons 134 cognizance of offences 135 presumption of culpable mental state 136 relevancy of statements under certain circumstances 137 offences by companies 138 compounding of offences chapter  xx transitional provisions139 migration of existing taxpayers 140 transitional arrangements for input tax credit 141 transitional provisions relating to job work 142 miscellaneous transitional provisions chapter  xxi miscellaneous143 job work procedure 144 presumption as to documents in certain cases 145 admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence146 common portal 147 deemed exports148 special procedure for certain processes 149 goods and services tax compliance rating 150 obligation to furnish information return 151 power to collect statistics 152 bar on disclosure of information 153 taking assistance from an expert 154 power to take samples 155 burden of proof 156 persons deemed to be public servants 157 protection of action taken under this act 158 disclosure of information by a public servant 159 publication of information in respect of persons in certain cases 160 assessment proceedings, etc,  not to be invalid on certain grounds161 rectification of errors apparent on the face of record 162 bar on jurisdiction of civil courts 163 levy of fee 164 power of government to make rules 165 power to make regulations 166 laying of rules, regulations and notifications 167 delegation of powers 168 power to issue instructions or directions 169 service of notice in certain circumstances 170 rounding off of tax, etc 171 anti-profiteering measure 172 removal of difficulties 173 amendment of act 32 of 1994 174 repeal and savingschedule i schedule ii schedule iii bill no 57 of 2017 the central goods and services tax bill, 2017 a billto make a provision for levy and collection of tax on intra-state supply of goods or services or both by the central government and the matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter i preliminaryshort title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmirprovided 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 provisiondefinitions2 in this act, unless the context otherwise requires,––54 of 1882(1) "actionable claim" shall have the same meaning as assigned to it in section 3of the transfer of property act, 1882;(2) "address of delivery" means the address of the recipient of goods or servicesor both indicated on the tax invoice issued by a registered person for delivery of such goods or services or both;10(3) "address on record" means the address of the recipient as available in therecords of the supplier;15(4) "adjudicating authority" means any authority, appointed or authorised to passany order or decision under this act, but does not include the central board of excise and customs, the revisional authority, the authority for advance ruling, the appellate authority for advance ruling, the appellate authority and the appellate tribunal;(5) "agent" means a person, including a factor, broker, commission agent, arhatia,del credere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of supply or receipt of goods or services or both on behalf of another;20(6) "aggregate turnover" means the aggregate value of all taxable supplies(excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-state supplies of persons having the same permanent account number, to be computed on all india basis but excludes central tax, state tax, union territory tax, integrated tax and cess;25(7) "agriculturist" means an individual or a hindu undivided family whoundertakes cultivation of land—(a) by own labour, or (b) by the labour of family, or30(c) by servants on wages payable in cash or kind or by hired labour underpersonal supervision or the personal supervision of any member of the family;(8) "appellate authority" means an authority appointed or authorised to hear appeals as referred to in section 107;(9) "appellate tribunal" means the goods and services tax appellate tribunal constituted under section 109;35(10) "appointed day" means the date on which the provisions of this act shallcome into force;(11) "assessment" means determination of tax liability under this act and includes self-assessment, re-assessment, provisional assessment, summary assessment and best judgment assessment;4043 of 1961(12) "associated enterprises" shall have the same meaning as assigned to it in section 92a of the income-tax act, 1961;45(13) "audit" means the examination of records, returns and other documents maintained or furnished by the registered person under this act or the rules made thereunder or under any other law for the time being in force to verify the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed, and to assess his compliance with the provisions of this act or the rules made thereunder;(14) "authorised bank" shall mean a bank or a branch of a bank authorised by the government to collect the tax or any other amount payable under this act;(15) "authorised representative" means the representative as referred to in section 116;54 of 1963(16) "board" means the central board of excise and customs constituted under the central boards of revenue act, 1963;5(17) "business" includes––(a) any trade, commerce, manufacture, profession, vocation, adventure, wager or any other similar activity, whether or not it is for a pecuniary benefit;(b) any activity or transaction in connection with or incidental or ancillary to sub-clause (a);10(c) any activity or transaction in the nature of sub-clause (a), whether ornot there is volume, frequency, continuity or regularity of such transaction;(d) supply or acquisition of goods including capital goods and services inconnection with commencement or closure of business;15(e) provision by a club, association, society, or any such body (for asubscription or any other consideration) of the facilities or benefits to its members;(f) admission, for a consideration, of persons to any premises;(g) services supplied by a person as the holder of an office which has beenaccepted by him in the course or furtherance of his trade, profession or vocation;20(h) services provided by a race club by way of totalisator or a licence tobook maker in such club ; and(i) any activity or transaction undertaken by the central government, a state government or any local authority in which they are engaged as public authorities;25(18) "business vertical" means a distinguishable component of an enterprise that is engaged in the supply of individual goods or services or a group of related goods or services which is subject to risks and returns that are different from those of the other business verticalsexplanation––for the purposes of this clause, factors that should be considered in determining whether goods or services are related include––30(a) the nature of the goods or services; (b) the nature of the production processes; (c) the type or class of customers for the goods or services; (d) the methods used to distribute the goods or supply of services; and35(e) the nature of regulatory environment (wherever applicable), includingbanking, insurance, or public utilities;(19) "capital goods" means goods, the value of which is capitalised in the books of account of the person claiming the input tax credit and which are used or intended to be used in the course or furtherance of business;40(20) "casual taxable person" means a person who occasionally undertakes transactions involving supply of goods or services or both in the course or furtherance of business, whether as principal, agent or in any other capacity, in a state or a union territory where he has no fixed place of business;(21) "central tax" means the central goods and services tax levied under section 9;(22) "cess" shall have the same meaning as assigned to it in the goods and services tax (compensation to states) act;38 of 1949(23) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the chartered accountants act, 1949;5(24) "commissioner" means the commissioner of central tax and includes the principal commissioner of central tax appointed under section 3 and the commissioner of integrated tax appointed under the integrated goods and services tax act;10(25) "commissioner in the board" means the commissioner referred to in section 168;(26) "common portal" means the common goods and services tax electronic portal referred to in section 146;15(27) "common working days" in respect of a state or union territory shall mean such days in succession which are not declared as gazetted holidays by the central government or the concerned state or union territory government;56 of 1980(28) "company secretary" means a company secretary as defined in clause(c) of sub-section (1) of section 2 of the company secretaries act, 1980; (29) "competent authority" means such authority as may be notified by the government;20(30) "composite supply" means a supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply;25illustration: where goods are packed and transported with insurance, the supply of goods, packing materials, transport and insurance is a composite supply and supply of goods is a principal supply(31) "consideration" in relation to the supply of goods or services or both includes––30(a) any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the central government or a state government;35 (b) the monetary value of any act or forbearance, in respect of, inresponse to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the central government or a state government:40provided that a deposit given in respect of the supply of goods orservices or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply;(32) "continuous supply of goods" means a supply of goods which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, whether or not by means of a wire, cable, pipeline or other conduit, and for which the supplier invoices the recipient on a regular or periodic basis and includes supply of such goods as the government may, subject to such conditions, as it may, by notification, specify;(33) "continuous supply of services" means a supply of services which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, for a period exceeding three months with periodic payment obligations and includes supply of such services as the government may, subject to such conditions, as it may, by notification, specify;5(34) "conveyance" includes a vessel, an aircraft and a vehicle;23 of 1959(35) "cost accountant" means a cost accountant as defined in clause (c) of sub-section (1) of section 2 of the cost and works accountants act, 1959;(36) "council" means the goods and services tax council established under article 279a of the constitution;10(37) "credit note" means a document issued by a registered person under sub-section (1) of section 34;(38) "debit note" means a document issued by a registered person under sub-section (3) of section 34;15(39) "deemed exports" means such supplies of goods as may be notified under section 147;(40) "designated authority" means such authority as may be notified by the board;2021 of 2000(41) "document" includes written or printed record of any sort and electronic record as defined in clause (t) of section 2 of the information technology act, 2000;(42) "drawback" in relation to any goods manufactured in india and exported, means the rebate of duty, tax or cess chargeable on any imported inputs or on any domestic inputs or input services used in the manufacture of such goods;25(43) "electronic cash ledger" means the electronic cash ledger referred to in subsection (1) of section 49;(44) "electronic commerce" means the supply of goods or services or both, including digital products over digital or electronic network;(45) "electronic commerce operator" means any person who owns, operates or manages digital or electronic facility or platform for electronic commerce;30(46) "electronic credit ledger" means the electronic credit ledger referred to in sub-section (2) of section 49;(47) "exempt supply" means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the integrated goods and services tax act, and includes non-taxable supply;35(48) "existing law" means any law, notification, order, rule or regulation relating to levy and collection of duty or tax on goods or services or both passed or made before the commencement of this act by parliament or any authority or person having the power to make such law, notification, order, rule or regulation;40(49) "family" means,––(i) the spouse and children of the person, and (ii) the parents, grand-parents, brothers and sisters of the person if they are wholly or mainly dependent on the said person;45(50) "fixed establishment" means a place (other than the registered place of business) which is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs;(51) "fund" means the consumer welfare fund established under section 57;5(52) "goods" means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply;(53) "government" means the central government; (54) "goods and services tax (compensation to states) act" means the goods and services tax (compensation to states) act, 2017;10(55) "goods and services tax practitioner" means any person who has been approved under section 48 to act as such practitioner;80 of 197615(56) "india" means the territory of india as referred to in article 1 of the constitution, its territorial waters, seabed and sub-soil underlying such waters, continental shelf, exclusive economic zone or any other maritime zone as referred to in the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976, and the air space above its territory and territorial waters;(57) "integrated goods and services tax act" means the integrated goods and services tax act, 2017;(58) "integrated tax" means the integrated goods and services tax levied under the integrated goods and services tax act;20(59) "input" means any goods other than capital goods used or intended to be used by a supplier in the course or furtherance of business;(60) "input service" means any service used or intended to be used by a supplier in the course or furtherance of business;25(61) "input service distributor" means an office of the supplier of goods or services or both which receives tax invoices issued under section 31 towards the receipt of input services and issues a prescribed document for the purposes of distributing the credit of central tax, state tax, integrated tax or union territory tax paid on the said services to a supplier of taxable goods or services or both having the same permanent account number as that of the said office;30(62) "input tax" in relation to a registered person, means the central tax, state tax, integrated tax or union territory tax charged on any supply of goods or services or both made to him and includes—(a) the integrated goods and services tax charged on import of goods; (b) the tax payable under the provisions of sub-sections (3) and (4) of section 9;35(c) the tax payable under the provisions of sub-section (3) and (4) of section 5 of the integrated goods and services tax act;(d) the tax payable under the provisions of sub-section (3) and sub-section (4)of section 9 of the respective state goods and services tax act; or40(e) the tax payable under the provisions of sub-section (3) and sub-section (4)of section 7 of the union territory goods and services tax act, but does not include the tax paid under the composition levy;(63) "input tax credit" means the credit of input tax; (64) "intra-state supply of goods" shall have the same meaning as assigned to it in section 8 of the integrated goods and services tax act;45(65) "intra-state supply of services" shall have the same meaning as assigned to it in section 8 of the integrated goods and services tax act;(66) "invoice" or "tax invoice" means the tax invoice referred to in section 31;50(67) "inward supply" in relation to a person, shall mean receipt of goods or services or both whether by purchase, acquisition or any other means with or without consideration;(68) "job work" means any treatment or process undertaken by a person on goods belonging to another registered person and the expression "job worker" shall be construed accordingly;(69) "local authority" means––5(a) a "panchayat" as defined in clause (d) of article 243 of the constitution; (b) a "municipality" as defined in clause (e) of article 243p ofthe constitution;10(c) a municipal committee, a zilla parishad, a district board, and any otherauthority legally entitled to, or entrusted by the central government or any state government with the control or management of a municipal or local fund;41 of 2006(d) a cantonment board as defined in section 3 of the cantonmentsact 2006;(e) a regional council or a district council constituted under the sixthschedule to the constitution;15(f) a development board constituted under article 371 of the constitution;or(g) a regional council constituted under article 371a of the constitution;(70) "location of the recipient of services" means,—20(a) where a supply is received at a place of business for which theregistration has been obtained, the location of such place of business;(b) where a supply is received at a place other than the place of businessfor which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment;25(c) where a supply is received at more than one establishment, whether theplace of business or fixed establishment, the location of the establishment most directly concerned with the receipt of the supply; and(d) in absence of such places, the location of the usual place of residenceof the recipient;(71) "location of the supplier of services" means,—30(a) where a supply is made from a place of business for which theregistration has been obtained, the location of such place of business;(b) where a supply is made from a place other than the place of businessfor which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment;35(c) where a supply is made from more than one establishment, whether theplace of business or fixed establishment, the location of the establishment most directly concerned with the provisions of the supply; and(d) in absence of such places, the location of the usual place of residenceof the supplier;40(72) "manufacture" means processing of raw material or inputs in any mannerthat results in emergence of a new product having a distinct name, character and use and the term "manufacturer" shall be construed accordingly;45(73) "market value" shall mean the full amount which a recipient of a supply isrequired to pay in order to obtain the goods or services or both of like kind and quality at or about the same time and at the same commercial level where the recipient and the supplier are not related;(74) "mixed supply" means two or more individual supplies of goods or services,or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply;50illustration: a supply of a package consisting of canned foods, sweets,chocolates, cakes, dry fruits, aerated drinks and fruit juices when supplied for a singleprice is a mixed supply each of these items can be supplied separately and is not dependent on any other it shall not be a mixed supply if these items are supplied separately5(75) "money" means the indian legal tender or any foreign currency, cheque, promissory note, bill of exchange, letter of credit, draft, pay order, traveller cheque, money order, postal or electronic remittance or any other instrument recognised by the reserve bank of india when used as a consideration to settle an obligation or exchange with indian legal tender of another denomination but shall not include any currency that is held for its numismatic value;1059 of 1988(76) "motor vehicle" shall have the same meaning as assigned to it in clause (28)of section 2 of the motor vehicles act, 1988;15(77) "non-resident taxable person" means any person who occasionally undertakes transactions involving supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in india;(78) "non-taxable supply" means a supply of goods or services or both which is not leviable to tax under this act or under the integrated goods and services tax act;(79) "non-taxable territory" means the territory which is outside the taxable territory;20(80) "notification" means a notification published in the official gazette and the expressions "notify" and "notified" shall be construed accordingly;(81) "other territory" includes territories other than those comprising in a state and those referred to in sub-clauses (a) to (e) of clause (114) ;25(82) "output tax" in relation to a taxable person, means the tax chargeable under this act on taxable supply of goods or services or both made by him or by his agent but excludes tax payable by him on reverse charge basis;(83) "outward supply" in relation to a taxable person, means supply of goods or services or both, whether by sale, transfer, barter, exchange, licence, rental, lease or disposal or any other mode, made or agreed to be made by such person in the course or furtherance of business;30(84) "person" includes—(a) an individual; (b) a hindu undivided family; (c) a company;35(d) a firm; (e) a limited liability partnership; (f) an association of persons or a body of individuals, whether incorporated or not, in india or outside india;4018 of 2013(g) any corporation established by or under any central act, state act or provincial act or a government company as defined in clause (45) of section 2 of the companies act, 2013;(h) any body corporate incorporated by or under the laws of a country outside india;(i) a co-operative society registered under any law relating to co-operative societies;45(j) a local authority; (k) central government or a state government;21 of 1860(l) society as defined under the societies registration act, 1860;(m) trust; and5(n) every artificial juridical person, not falling within any of the above;(85) "place of business" includes––(a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or(b) a place where a taxable person maintains his books of account; or10 (c) a place where a taxable person is engaged in business through anagent, by whatever name called;(86) "place of supply" means the place of supply as referred to in chapter v of the integrated goods and services tax act;15(87) "prescribed" means prescribed by rules made under this act on therecommendations of the council;(88) "principal" means a person on whose behalf an agent carries on the business of supply or receipt of goods or services or both;20(89) "principal place of business" means the place of business specified as the principal place of business in the certificate of registration;(90) "principal supply" means the supply of goods or services which constitutes the predominant element of a composite supply and to which any other supply forming part of that composite supply is ancillary;25(91) "proper officer" in relation to any function to be performed under this act, means the commissioner or the officer of the central tax who is assigned that function by the commissioner in the board;(92) "quarter" shall mean a period comprising three consecutive calendar months, ending on the last day of march, june, september and december of a calendar year;(93) "recipient" of supply of goods or services or both, means—30(a) where a consideration is payable for the supply of goods or services orboth, the person who is liable to pay that consideration;(b) where no consideration is payable for the supply of goods, the personto whom the goods are delivered or made available, or to whom possession or use of the goods is given or made available; and35(c) where no consideration is payable for the supply of a service, theperson to whom the service is rendered,40and any reference to a person to whom a supply is made shall be construed as a reference to the recipient of the supply and shall include an agent acting as such on behalf of the recipient in relation to the goods or services or both supplied; (94) "registered person" means a person who is registered under section 25 but does not include a person having a unique identity number;(95) "regulations" means the regulations made by the board under this act on the recommendations of the council;(96) "removal'' in relation to goods, means—(a) despatch of the goods for delivery by the supplier thereof or by any other person acting on behalf of such supplier; or5(b) collection of the goods by the recipient thereof or by any other person acting on behalf of such recipient; (97) "return" means any return prescribed or otherwise required to be furnished by or under this act or the rules made thereunder;10(98) "reverse charge" means the liability to pay tax by the recipient of supply of goods or services or both instead of the supplier of such goods or services or both under sub-section (3) or sub-section (4) of section 9, or under sub-section (3) or subsection (4) of section 5 of the integrated goods and services tax act;(99) "revisional authority" means an authority appointed or authorised for revision of decision or orders as referred to in section 108;15(100) "schedule" means a schedule appended to this act;42 of 1956(101) "securities" shall have the same meaning as assigned to it in clause (h) of section 2 of the securities contracts (regulation) act, 1956 ;20(102) "services" means anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged;(103) "state" includes a union territory with legislature; (104) "state tax" means the tax levied under any state goods and services tax act;25(105) "supplier" in relation to any goods or services or both, shall mean the person supplying the said goods or services or both and shall include an agent acting as such on behalf of such supplier in relation to the goods or services or both supplied;(106) "tax period" means the period for which the return is required to be furnished;30(107) "taxable person" means a person who is registered or liable to be registered under section 22 or section 24;(108) "taxable supply" means a supply of goods or services or both which is leviable to tax under this act;35(109) "taxable territory" means the territory to which the provisions of this act apply;40(110) "telecommunication service" means service of any description (including electronic mail, voice mail, data services, audio text services, video text services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means;(111) "the state goods and services tax act" means the respective state goods and services tax act, 2017;45(112) "turnover in state" or "turnover in union territory" means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis) and exempt supplies made within a state or union territory by a taxable person, exports of goods or services or both and inter-state supplies of goods or services or both made from the state or union territory by the said taxable person but excludes central tax, state tax, union territory tax, integrated tax and cess;(113) "usual place of residence" means––(a) in case of an individual, the place where he ordinarily resides;5(b) in other cases, the place where the person is incorporated or otherwiselegally constituted; (114) "union territory" means the territory of—(a) the andaman and nicobar islands; (b) lakshadweep;10(c) dadra and nagar haveli;(d) daman and diu (e) chandigarh; and (f) other territory15explanation––for the purposes of this act, each of the territories specified in sub-clauses (a) to (f) shall be considered to be a separate union territory; (115) "union territory tax" means the union territory goods and services tax levied under the union territory goods and services tax act;(116) "union territory goods and services tax act" means the union territory goods and services tax act, 2017;20(117) "valid return" means a return furnished under sub-section (1) of section 39on which self-assessed tax has been paid in full;25(118) "voucher" means an instrument where there is an obligation to accept it as consideration or part consideration for a supply of goods or services or both and where the goods or services or both to be supplied or the identities of their potential suppliers are either indicated on the instrument itself or in related documentation, including the terms and conditions of use of such instrument;30(119) "works contract" means a contract for building, construction, fabrication,completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) isinvolved in the execution of such contract;35(120) words and expressions used and not defined in this act but defined in the integrated goods and services tax act, the union territory goods and services tax act and the goods and services tax (compensation to states) act shall have the same meaning as assigned to them in those acts;(121) any reference in this act to a law which is not in force in the state of jammu and kashmir, shall, in relation to that state be construed as a reference to the corresponding law, if any, in force in that state chapter ii40 administrationofficers under this act3 the government shall, by notification, appoint the following classes of officers for the purposes of this act, namely:––(a) principal chief commissioners of central tax or principal directors general ofcentral tax,45(b) chief commissioners of central tax or directors general of central tax, (c) principal commissioners of central tax or principal additional directorsgeneral of central tax,(d) commissioners of central tax or additional directors general of central tax,(e) additional commissioners of central tax or additional directors of central tax,(f) joint commissioners of central tax or joint directors of central tax, (g) deputy commissioners of central tax or deputy directors of central tax,5(h) assistant commissioners of central tax or assistant directors of central tax, and(i) any other class of officers as it may deem fit:1 of 1944provided that the officers appointed under the central excise act, 1944 shall be deemed to be the officers appointed under the provisions of this act10appointmentof officers4 (1) the board may, in addition to the officers as may be notified by the governmentunder section 3, appoint such persons as it may think fit to be the officers under this act15(2) without prejudice to the provisions of sub-section (1), the board may, by order, authorise any officer referred to in clauses (a) to (h) of section 3 to appoint officers of central tax below the rank of assistant commissioner of central tax for the administration of this actpowers of officers5 (1) subject to such conditions and limitations as the board may impose, an officer ofcentral tax may exercise the powers and discharge the duties conferred or imposed on him under this act20(2) an officer of central tax may exercise the powers and discharge the duties conferred or imposed under this act on any other officer of central tax who is subordinate to him(3) the commissioner may, subject to such conditions and limitations as may be specified in this behalf by him, delegate his powers to any other officer who is subordinate to him25(4) notwithstanding anything contained in this section, an appellate authority shall not exercise the powers and discharge the duties conferred or imposed on any other officer of central tax306 (1) without prejudice to the provisions of this act, the officers appointed under the state goods and services tax act or the union territory goods and services tax act are authorised to be the proper officers for the purposes of this act, subject to such conditions as the government shall, on the recommendations of the council, by notification, specifyauthorisation of officers of state tax or union territory tax as proper officer in certain circumstances(2) subject to the conditions specified in the notification issued under sub-section (1),––35(a) where any proper officer issues an order under this act, he shall also issue an order under the state goods and services tax act or the union territory goods and services tax act, as authorised by the state goods and services tax act or the union territory goods and services tax act, as the case may be, under intimation to the jurisdictional officer of state tax or union territory tax;40(b) where a proper officer under the state goods and services tax act or the union territory goods and services tax act has initiated any proceedings on a subject matter, no proceedings shall be initiated by the proper officer under this act on the same subject matter45(3) any proceedings for rectification, appeal and revision, wherever applicable, of any order passed by an officer appointed under this act shall not lie before an officer appointed under the state goods and services tax act or the union territory goods and services tax act chapter iii levy and collection of tax7 (1) for the purposes of this act, the expression "supply" includes––scope of supply5(a) all forms of supply of goods or services or both such as sale, transfer, barter,exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business;(b) import of services for a consideration whether or not in the course orfurtherance of business;10(c) the activities specified in schedule i, made or agreed to be made without aconsideration; and(d) the activities to be treated as supply of goods or supply of services as referred to in schedule ii (2) notwithstanding anything contained in sub-section (1),––(a) activities or transactions specified in schedule iii; or15(b) such activities or transactions undertaken by the central government, astate government or any local authority in which they are engaged as public authorities, as may be notified by the government on the recommendations of the council,shall be treated neither as a supply of goods nor a supply of services20(3) subject to the provisions of sub-sections (1) and (2), the government may, on therecommendations of the council, specify, by notification, the transactions that are to be treated as—(a) a supply of goods and not as a supply of services; or (b) a supply of services and not as a supply of goods258 the tax liability on a composite or a mixed supply shall be determined in the followingmanner, namely:—tax liability on composite and mixed supplies(a) a composite supply comprising two or more supplies, one of which is aprincipal supply, shall be treated as a supply of such principal supply; and30(b) a mixed supply comprising two or more supplies shall be treated as a supplyof that particular supply which attracts the highest rate of taxlevy and collection359 (1) subject to the provisions of sub-section (2), there shall be levied a tax called thecentral goods and services tax on all intra-state supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 and at such rates, not exceeding twenty per cent, as may be notified by the government on the recommendations of the council and collected in such manner as may be prescribed and shall be paid by the taxable person40(2) the central tax on the supply of petroleum crude, high speed diesel, motor spirit(commonly known as petrol), natural gas and aviation turbine fuel shall be levied with effect from such date as may be notified by the government on the recommendations of the council45(3) the government may, on the recommendations of the council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both5(4) the central tax in respect of the supply of taxable goods or services or both by a supplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis as the recipient and all the provisions of this act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both10(5) the government may, on the recommendations of the council, by notification, specify categories of services the tax on intra-state supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services:provided that where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax:15provided further that where an electronic commerce operator does not have a physical presence in the taxable territory and also he does not have a representative in the said territory, such electronic commerce operator shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay taxcomposition levy2010 (1) notwithstanding anything to the contrary contained in this act but subject tothe provisions of sub-sections (3) and (4) of section 9, a registered person, whose aggregateturnover in the preceding financial year did not exceed fifty lakh rupees, may opt to pay, in lieu of the tax payable by him, an amount calculated at such rate as may be prescribed, but not exceeding,––(a) one per cent of the turnover in state or turnover in union territory in case ofa manufacturer,25(b) two and a half per cent of the turnover in state or turnover in union territoryin case of persons engaged in making supplies referred to in clause (b) of paragraph 6of schedule ii, and(c) half per cent of the turnover in state or turnover in union territory in case ofother suppliers,30subject to such conditions and restrictions as may be prescribed:provided that the government may, by notification, increase the said limit of fifty lakh rupees to such higher amount, not exceeding one crore rupees, as may be recommended by the council(2) the registered person shall be eligible to opt under sub-section (1), if––35(a) he is not engaged in the supply of services other than supplies referred to in clause (b) of paragraph 6 of schedule ii;(b) he is not engaged in making any supply of goods which are not leviable to tax under this act;(c) he is not engaged in making any inter-state outward supplies of goods;40(d) he is not engaged in making any supply of goods through an electroniccommerce operator who is required to collect tax at source under section 52; and(e) he is not a manufacturer of such goods as may be notified by the governmenton the recommendations of the council:provided that where more than one registered persons are having the same permanent account number (issued under the income-tax act, 1961), the registered person shall not be eligible to opt for the scheme under sub-section (1) unless all such registered persons opt to pay tax under that sub-section(3) the option availed of by a registered person under sub-section (1) shall lapse with effect from the day on which his aggregate turnover during a financial year exceeds the limit specified under sub-section (1)5(4) a taxable person to whom the provisions of sub-section (1) apply shall not collect any tax from the recipient on supplies made by him nor shall he be entitled to any credit of input tax10(5) if the proper officer has reasons to believe that a taxable person has paid tax under sub-section (1) despite not being eligible, such person shall, in addition to any tax that may be payable by him under any other provisions of this act, be liable to a penalty and the provisions of section 73 or section 74 shall, mutatis mutandis, apply for determination of tax and penaltypower togrant exemption from tax1511 (1) where the government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the council, by notification, exempt generally, either absolutely or subject to such conditions as may be specified therein, goods or services or both of any specified description from the whole or any part of the tax leviable thereon with effect from such date as may be specified in such notification20(2) where the government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the council, by special order in each case, under circumstances of an exceptional nature to be stated in such order, exempt from payment of tax any goods or services or both on which tax is leviable25(3) the government may, if it considers necessary or expedient so to do for the purpose of clarifying the scope or applicability of any notification issued under sub-section (1) or order issued under sub-section (2), insert an explanation in such notification or order, as the case may be, by notification at any time within one year of issue of the notification under sub-section (1) or order under sub-section (2), and every such explanation shall have effect as if it had always been the part of the first such notification or order, as the case may be30explanation––for the purposes of this section, where an exemption in respect of any goods or services or both from the whole or part of the tax leviable thereon has been granted absolutely, the registered person supplying such goods or services or both shall not collect the tax, in excess of the effective rate, on such supply of goods or services or both chapter iv time and value of supply3512 (1) the liability to pay tax on goods shall arise at the time of supply, as determined in accordance with the provisions of this sectiontime of supply of goods(2) the time of supply of goods shall be the earlier of the following dates, namely:—40(a) the date of issue of invoice by the supplier or the last date on which he is required, under sub-section (1) of section 31, to issue the invoice with respect to the supply; or(b) the date on which the supplier receives the payment with respect to the supply:45provided that where the supplier of taxable goods receives an amount upto one thousand rupees in excess of the amount indicated in the tax invoice, the time of supply to the extent of such excess amount shall, at the option of the said supplier, be the date of issue of invoice in respect of such excess amountexplanation 1––for the purposes of clauses (a) and (b), "supply" shall be deemed to have been made to the extent it is covered by the invoice or, as the case may be, the payment5explanation 2––for the purposes of clause (b), "the date on which the supplier receives the payment" shall be the date on which the payment is entered in his books of account or the date on which the payment is credited to his bank account, whichever is earlier (3) in case of supplies in respect of which tax is paid or liable to be paid on reverse charge basis, the time of supply shall be the earliest of the following dates, namely:—10(a) the date of the receipt of goods; or (b) the date of payment as entered in the books of account of the recipient or thedate on which the payment is debited in his bank account, whichever is earlier; or(c) the date immediately following thirty days from the date of issue of invoice or any other document, by whatever name called, in lieu thereof by the supplier:15provided that where it is not possible to determine the time of supply under clause (a) or clause (b) or clause (c), the time of supply shall be the date of entry in the books of account of the recipient of supply (4) in case of supply of vouchers by a supplier, the time of supply shall be—(a) the date of issue of voucher, if the supply is identifiable at that point; or20(b) the date of redemption of voucher, in all other cases(5) where it is not possible to determine the time of supply under the provisions of sub-section (2) or sub-section (3) or sub-section (4), the time of supply shall––(a) in a case where a periodical return has to be filed, be the date on which suchreturn is to be filed; or25(b) in any other case, be the date on which the tax is paid(6) the time of supply to the extent it relates to an addition in the value of supply by way of interest, late fee or penalty for delayed payment of any consideration shall be the date on which the supplier receives such addition in valuetime of supply of services3013 (1) the liability to pay tax on services shall arise at the time of supply, as determinedin accordance with the provisions of this section(2) the time of supply of services shall be the earliest of the following dates, namely:—(a) the date of issue of invoice by the supplier, if the invoice is issued within theperiod prescribed under sub-section (2) of section 31 or the date of receipt of payment,whichever is earlier; or35(b) the date of provision of service, if the invoice is not issued within the periodprescribed under sub-section (2) of section 31 or the date of receipt of payment,whichever is earlier; or(c) the date on which the recipient shows the receipt of services in his books ofaccount, in a case where the provisions of clause (a) or clause (b) do not apply:40provided that where the supplier of taxable service receives an amount upto onethousand rupees in excess of the amount indicated in the tax invoice, the time of supply to the extent of such excess amount shall, at the option of the said supplier, be the date of issue of invoice relating to such excess amountexplanation––for the purposes of clauses (a) and (b)––(i) the supply shall be deemed to have been made to the extent it is covered by the invoice or, as the case may be, the payment;(ii) "the date of receipt of payment" shall be the date on which the payment is entered in the books of account of the supplier or the date on which the payment is credited to his bank account, whichever is earlier5(3) in case of supplies in respect of which tax is paid or liable to be paid on reverse charge basis, the time of supply shall be the earlier of the following dates, namely:––(a) the date of payment as entered in the books of account of the recipient or thedate on which the payment is debited in his bank account, whichever is earlier; or10(b) the date immediately following sixty days from the date of issue of invoice orany other document, by whatever name called, in lieu thereof by the supplier: provided that where it is not possible to determine the time of supply under clause (a) or clause (b), the time of supply shall be the date of entry in the books of account of the recipient of supply:15 provided further that in case of supply by associated enterprises, where thesupplier of service is located outside india, the time of supply shall be the date of entry in the books of account of the recipient of supply or the date of payment, whichever is earlier(4) in case of supply of vouchers by a supplier, the time of supply shall be––20(a) the date of issue of voucher, if the supply is identifiable at that point; or (b) the date of redemption of voucher, in all other cases(5) where it is not possible to determine the time of supply under the provisions of sub-section (2) or sub-section (3) or sub-section (4), the time of supply shall––25(a) in a case where a periodical return has to be filed, be the date on which suchreturn is to be filed; or(b) in any other case, be the date on which the tax is paid(6) the time of supply to the extent it relates to an addition in the value of supply by way of interest, late fee or penalty for delayed payment of any consideration shall be the date on which the supplier receives such addition in value3014 notwithstanding anything contained in section 12 or section 13, the time of supply, where there is a change in the rate of tax in respect of goods or services or both, shall be determined in the following manner, namely:––change in rate of tax in respect of supply of goods or services(a) in case the goods or services or both have been supplied before the changein rate of tax,––35(i) where the invoice for the same has been issued and the payment is alsoreceived after the change in rate of tax, the time of supply shall be the date of receipt of payment or the date of issue of invoice, whichever is earlier; or40(ii) where the invoice has been issued prior to the change in rate of tax butpayment is received after the change in rate of tax, the time of supply shall be the date of issue of invoice; or(iii) where the payment has been received before the change in rate of tax,but the invoice for the same is issued after the change in rate of tax, the time of supply shall be the date of receipt of payment;45(b) in case the goods or services or both have been supplied after the change in rate of tax,––(i) where the payment is received after the change in rate of tax but theinvoice has been issued prior to the change in rate of tax, the time of supply shall be the date of receipt of payment; or5(ii) where the invoice has been issued and payment is received before thechange in rate of tax, the time of supply shall be the date of receipt of payment or date of issue of invoice, whichever is earlier; or(iii) where the invoice has been issued after the change in rate of tax butthe payment is received before the change in rate of tax, the time of supply shall be the date of issue of invoice:10provided that the date of receipt of payment shall be the date of credit inthe bank account if such credit in the bank account is after four working days from the date of change in the rate of tax15explanation––for the purposes of this section, "the date of receipt of payment" shall be the date on which the payment is entered in the books of account of the supplier or the date on which the payment is credited to his bank account, whichever is earliervalue of taxable supply2015 (1) the value of a supply of goods or services or both shall be the transaction value, which is the price actually paid or payable for the said supply of goods or services or both where the supplier and the recipient of the supply are not related and the price is the sole consideration for the supply(2) the value of supply shall include–––25(a) any taxes, duties, cesses, fees and charges levied under any law for the time being in force other than this act, the state goods and services tax act, the union territory goods and services tax act and the goods and services tax (compensation to states) act, if charged separately by the supplier;(b) any amount that the supplier is liable to pay in relation to such supply but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the goods or services or both;30(c) incidental expenses, including commission and packing, charged by thesupplier to the recipient of a supply and any amount charged for anything done by the supplier in respect of the supply of goods or services or both at the time of, or beforedelivery of goods or supply of services;(d) interest or late fee or penalty for delayed payment of any consideration for any supply; and35(e) subsidies directly linked to the price excluding subsidies provided by thecentral government and state governmentsexplanation––for the purposes of this sub-section, the amount of subsidy shall be included in the value of supply of the supplier who receives the subsidy (3) the value of the supply shall not include any discount which is given––40(a) before or at the time of the supply if such discount has been duly recorded in the invoice issued in respect of such supply; and(b) after the supply has been effected, if—(i) such discount is established in terms of an agreement entered into at or before the time of such supply and specifically linked to relevant invoices; and45(ii) input tax credit as is attributable to the discount on the basis of document issued by the supplier has been reversed by the recipient of the supply(4) where the value of the supply of goods or services or both cannot be determined under sub-section (1), the same shall be determined in such manner as may be prescribed5(5) notwithstanding anything contained in sub-section (1) or sub-section (4), the value of such supplies as may be notified by the government on the recommendations of the council shall be determined in such manner as may be prescribedexplanation—for the purposes of this act,––(a) persons shall be deemed to be "related persons" if––(i) such persons are officers or directors of one another's businesses;(ii) such persons are legally recognised partners in business;10(iii) such persons are employer and employee; (iv) any person directly or indirectly owns, controls or holds twenty-fiveper cent or more of the outstanding voting stock or shares of both of them;(v) one of them directly or indirectly controls the other; (vi) both of them are directly or indirectly controlled by a third person;15(vii) together they directly or indirectly control a third person; or they aremembers of the same family;(b) the term "person" also includes legal persons;20(c) persons who are associated in the business of one another in that one is the sole agent or sole distributor or sole concessionaire, howsoever described, of the other, shall be deemed to be related chapter v input tax credit25eligibility and conditions for taking inputtax credit16 (1) every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person30(2) notwithstanding anything contained in this section, no registered person shall be entitled to the credit of any input tax in respect of any supply of goods or services or both to him unless,––(a) he is in possession of a tax invoice or debit note issued by a supplier registered under this act, or such other tax paying documents as may be prescribed;(b) he has received the goods or services or both35explanation—for the purposes of this clause, it shall be deemed that the registered person has received the goods where the goods are delivered by the supplier to a recipient or any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to goods or otherwise;40(c) subject to the provisions of section 41,the tax charged in respect of such supply has been actually paid to the government, either in cash or through utilisation of input tax credit admissible in respect of the said supply; and(d) he has furnished the return under section 39:45provided that where the goods against an invoice are received in lots or instalments, the registered person shall be entitled to take credit upon receipt of the last lot or instalment:provided further that where a recipient fails to pay to the supplier of goods or services or both,other than the supplies on which tax is payable on reverse charge basis, the amount towards the value of supply along with tax payable thereon within a period of one hundred and eighty days from the date of issue of invoice by the supplier, an amount equal to the input tax credit availed by the recipient shall be added to his output tax liability, along with interest thereon, in such manner as may be prescribed:5 provided also that the recipient shall be entitled to avail of the credit of input tax on payment made by him of the amount towards the value of supply of goods or services or both along with tax payable thereon43 of 196110(3) where the registered person has claimed depreciation on the tax component of the cost of capital goods and plant and machinery under the provisions of the income-tax act, 1961, the input tax credit on the said tax component shall not be allowed(4) a registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of september following the end of financial year to which such invoice or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier1517 (1) where the goods or services or both are used by the registered person partly for the purpose of any business and partly for other purposes, the amount of credit shall be restricted to so much of the input tax as is attributable to the purposes of his business20(2) where the goods or services or both are used by the registered person partly for effecting taxable supplies including zero-rated supplies under this act or under the integrated goods and services tax act and partly for effecting exempt supplies under the said acts, the amount of credit shall be restricted to so much of the input tax as is attributable to the said taxable supplies including zero-rated supplies25(3) the value of exempt supply under sub-section (2) shall be such as may be prescribed, and shall include supplies on which the recipient is liable to pay tax on reverse charge basis, transactions in securities, sale of land and, subject to clause (b) of paragraph 5 of schedule ii, sale of building30(4) a banking company or a financial institution including a non-banking financial company, engaged in supplying services by way of accepting deposits, extending loans or advances shall have the option to either comply with the provisions of sub-section (2), or avail of, every month, an amount equal to fifty per cent of the eligible input tax credit on inputs, capital goods and input services in that month and the rest shall lapse:provided that the option once exercised shall not be withdrawn during the remaining part of the financial year:35provided further that the restriction of fifty per cent shall not apply to the tax paid on supplies made by one registered person to another registered person having the same permanent account number(5) notwithstanding anything contained in sub-section (1) of section 16 and subsection (1) of section 18, input tax credit shall not be available in respect of the following, namely:—40(a) motor vehicles and other conveyances except when they are used––(i) for making the following taxable supplies, namely:—(a) further supply of such vehicles or conveyances ; or (b) transportation of passengers; or45(c) imparting training on driving, flying, navigating such vehicles or conveyances; (ii) for transportation of goods;(b) the following supply of goods or services or both:—5(i) food and beverages, outdoor catering, beauty treatment, health services,cosmetic and plastic surgery except where an inward supply of goods or services or both of a particular category 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; (iii) rent-a-cab, life insurance and health insurance except where ––10(a) the government notifies the services which are obligatory for anemployer to provide to its employees under any law for the time being in force; or15 (b) such inward supply of goods or services or both of a particularcategory is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as part of a taxable composite or mixed supply; and (iv) travel benefits extended to employees on vacation such as leave orhome travel concession;20(c) works contract services when supplied for construction of an immovable property (other than plant and machinery) except where it is an input service for further supply of works contract service;(d) goods or services or both received by a taxable person for construction of an immovable property (other than plant or machinery) on his own account including when such goods or services or both are used in the course or furtherance of business25explanation––for the purposes of clauses (c) and (d), the expression"construction" includes re-construction, renovation, additions or alterations or repairs, to the extent of capitalisation, to the said immovable property;(e) goods or services or both on which tax has been paid under section 10; (f) goods or services or both received by a non-resident taxable person excepton goods imported by him;30(g) goods or services or both used for personal consumption; (h) goods lost, stolen, destroyed, written off or disposed of by way of gift or freesamples; and(i) any tax paid in accordance with the provisions of sections 74, 129 and 13035(6) the government may prescribe the manner in which the credit referred to in subsections (1) and (2) may be attributedexplanation–– for the purposes of this chapter and chapter vi, the expression"plant and machinery" means apparatus, equipment, and machinery fixed to earth by foundation or structural support that are used for making outward supply of goods or services or both and includes such foundation and structural supports but excludes—40(i) land, building or any other civil structures;(ii) telecommunication towers; and (iii) pipelines laid outside the factory premises18 (1) subject to such conditions and restrictions as may be prescribed—availability of credit in special circumstances45(a) a person who has applied for registration under this act within thirty days from the date on which he becomes liable to registration and has been granted such registration shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date from which he becomes liable to pay tax under the provisions of this act;5(b) a person who takes registration under sub-section (3) of section 25 shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date of grant of registration;10(c) where any registered person ceases to pay tax under section 10, he shall be entitled to take credit of input tax in respect of inputs held in stock, inputs contained in semi-finished or finished goods held in stock and on capital goods on the day immediately preceding the date from which he becomes liable to pay tax under section 9:provided that the credit on capital goods shall be reduced by such percentage points as may be prescribed;15 20(d) where an exempt supply of goods or services or both by a registered person becomes a taxable supply, such person shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock relatable to such exempt supply and on capital goods exclusively used for such exempt supply on the day immediately preceding the date from which such supply becomes taxable:provided that the credit on capital goods shall be reduced by such percentage points as may be prescribed (2) a registered person shall not be entitled to take input tax credit under sub-section (1) in respect of any supply of goods or services or both to him after the expiry of one year from the date of issue of tax invoice relating to such supply25(3) where there is a change in the constitution of a registered person on account of sale, merger, demerger, amalgamation, lease or transfer of the business with the specific provisions for transfer of liabilities, the said registered person shall be allowed to transfer the input tax credit which remains unutilised in his electronic credit ledger to such sold, merged, demerged, amalgamated, leased or transferred business in such manner as may be prescribed30 35(4) where any registered person who has availed of input tax credit opts to pay tax under section 10 or, where the goods or services or both supplied by him become wholly exempt, he shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock and on capital goods, reduced by such percentage points as may be prescribed, on the day immediately preceding the date of exercising of such option or, as the case may be, the date of such exemption:provided that after payment of such amount, the balance of input tax credit, if any, lying in his electronic credit ledger shall lapse40(5) the amount of credit under sub-section (1) and the amount payable under sub-section (4) shall be calculated in such manner as may be prescribed45(6) in case of supply of capital goods or plant and machinery, on which input tax credit has been taken, the registered person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery reduced by such percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant and machinery determined under section 15, whichever is higher:provided that where refractory bricks, moulds and dies, jigs and fixtures are supplied as scrap, the taxable person may pay tax on the transaction value of such goods determined under section 1519 (1) the principal shall, subject to such conditions and restrictions as may be prescribed, be allowed input tax credit on inputs sent to a job-worker for job-work(2) notwithstanding anything contained in clause (b) of sub-section (2) of section 16, the principal shall be entitled to take credit of input tax on inputs even if the inputs are directly sent to a job worker for job-work without being first brought to his place of business5taking input tax credit in respect of inputs and capital goods sent for job work(3) where the inputs sent for job work are not received back by the principal after completion of job-work or otherwise or are not supplied from the place of business of the job worker in accordance with clause (a) or clause (b) of sub-section (1) of section 143 within one year of being sent out, it shall be deemed that such inputs had been supplied by the principal to the job-worker on the day when the said inputs were sent out:10 provided that where the inputs are sent directly to a job worker, the period of one year shall be counted from the date of receipt of inputs by the job worker(4) the principal shall, subject to such conditions and restrictions as may be prescribed, be allowed input tax credit on capital goods sent to a job worker for job work15(5) notwithstanding anything contained in clause (b) of sub-section (2) of section 16, the principal shall be entitled to take credit of input tax on capital goods even if the capital goods are directly sent to a job worker for job-work without being first brought to his place of business20(6) where the capital goods sent for job work are not received back by the principal within a period of three years of being sent out, it shall be deemed that such capital goods had been supplied by the principal to the job worker on the day when the said capital goods were sent out:provided that where the capital goods are sent directly to a job worker, the period of three years shall be counted from the date of receipt of capital goods by the job worker25(7) nothing contained in sub-section (3) or sub-section (6) shall apply to moulds and dies, jigs and fixtures, or tools sent out to a job worker for job workexplanation––for the purpose of this section, "principal" means the person referred to in section 1433020 (1) the input service distributor shall distribute the credit of central tax as centraltax or integrated tax and integrated tax as integrated tax or central tax, by way of issue of adocument containing the amount of input tax credit being distributed in such manner as may be prescribedmanner ofdistribution ofcredit by input service distributor(2) the input service distributor may distribute the credit subject to the following conditions, namely:––35(a) the credit can be distributed to the recipients of credit against a documentcontaining such details as may be prescribed;(b) the amount of the credit distributed shall not exceed the amount of creditavailable for distribution;40(c) the credit of tax paid on input services attributable to a recipient of credit shallbe distributed only to that recipient;45(d) the credit of tax paid on input services attributable to more than one recipientof credit shall be distributed amongst such recipients to whom the input service is attributable and such distribution shall be pro rata on the basis of the turnover in astate or turnover in a union territory of such recipient, during the relevant period, to the aggregate of the turnover of all such recipients to whom such input service is attributable and which are operational in the current year, during the said relevant period;5(e) the credit of tax paid on input services attributable to all recipients of credit shall be distributed amongst such recipients and such distribution shall be pro rata on the basis of the turnover in a state or turnover in a union territory of such recipient, during the relevant period, to the aggregate of the turnover of all recipients and which are operational in the current year, during the said relevant periodexplanation––for the purposes of this section,––(a) the "relevant period" shall be––10(i) if the recipients of credit have turnover in their states or union territories in the financial year preceding the year during which credit is to be distributed, the said financial year; or15 (ii) if some or all recipients of the credit do not have any turnover in their states or union territories in the financial year preceding the year during which the credit is to be distributed, the last quarter for which details of such turnover of all the recipients are available, previous to the month during which credit is to be distributed; (b) the expression "recipient of credit" means the supplier of goods or services or both having the same permanent account number as that of the input service distributor;20(c) the term 'turnover', in relation to any registered person engaged in the supply of taxable goods as well as goods not taxable under this act, means the value of turnover, reduced by the amount of any duty or tax levied under entry 84 of list i of the seventh schedule to the constitution and entry 51 and 54 of list ii of the said schedule25manner of recovery of credit distributed in excess21 where the input service distributor distributes the credit in contravention of the provisions contained in section 20 resulting in excess distribution of credit to one or more recipients of credit, the excess credit so distributed shall be recovered from such recipients along with interest, and the provisions of section 73 or section 74, as the case may be, shall, mutatis mutandis, apply for determination of amount to be recovered30 chapter vi registrationpersons liable for registration3522 (1) every supplier shall be liable to be registered under this act in the state or union territory, other than special category states, from where he makes a taxable supply of goods or services or both, if his aggregate turnover in a financial year exceeds twenty lakh rupees: provided that where such person makes taxable supplies of goods or services or both from any of the special category states, he shall be liable to be registered if his aggregate turnover in a financial year exceeds ten lakh rupees40(2) every person who, on the day immediately preceding the appointed day, is registered or holds a license under an existing law, shall be liable to be registered under this act with effect from the appointed day45(3) where a business carried on by a taxable person registered under this act is transferred, whether on account of succession or otherwise, to another person as a going concern, the transferee or the successor, as the case may be, shall be liable to be registered with effect from the date of such transfer or succession(4) notwithstanding anything contained in sub-sections (1) and (3), in a case of transfer pursuant to sanction of a scheme or an arrangement for amalgamation or, as the case may be, de-merger of two or more companies pursuant to an order of a high court, tribunal or otherwise, the transferee shall be liable to be registered, with effect from the date on which the registrar of companies issues a certificate of incorporation giving effect to such order of the high court or tribunalexplanation––for the purposes of this section,––5(i) the expression "aggregate turnover" shall include all supplies made by thetaxable person, whether on his own account or made on behalf of all his principals;(ii) the supply of goods, after completion of job-work, by a registered job worker shall be treated as the supply of goods by the principal referred to in section 143, and the value of such goods shall not be included in the aggregate turnover of the registered job worker;10(iii) the expression "special category states" shall mean the states as specified in sub-clause (g) of clause (4) of article 279a of the constitution23 (1) the following persons shall not be liable to registration, namely:––persons not liable for registration15(a) any person engaged exclusively in the business of supplying goods orservices or both that are not liable to tax or wholly exempt from tax under this act or under the integrated goods and services tax act;(b) an agriculturist, to the extent of supply of produce out of cultivation of land20(2) the government may, on the recommendations of the council, by notification, specify the category of persons who may be exempted from obtaining registration under this act24 notwithstanding anything contained in sub-section (1) of section 22, the following categories of persons shall be required to be registered under this act,––compulsory registration in certain cases(i) persons making any inter-state taxable supply; (ii) casual taxable persons making taxable supply;25(iii) persons who are required to pay tax under reverse charge; (iv) person who are required to pay tax under sub-section (5) of section 9;(v) non-resident taxable persons making taxable supply; (vi) persons who are required to deduct tax under section 51, whether or notseparately registered under this act;30(vii) persons who make taxable supply of goods or services or both on behalf ofother taxable persons whether as an agent or otherwise;(viii) input service distributor, whether or not separately registered under thisact;35(ix) persons who supply goods or services or both, other than supplies specifiedunder sub-section (5) of section 9, through such electronic commerce operator who is required to collect tax at source under section 52;(x) every electronic commerce operator;40(xi) every person supplying online information and data base access or retrievalservices from a place outside india to a person in india, other than a registered person; and (xii) such other person or class of persons as may be notified by the governmenton the recommendations of the councilprocedure for registration25 (1) every person who is liable to be registered under section 22 or section 24 shall apply for registration in every such state or union territory in which he is so liable within thirty days from the date on which he becomes liable to registration, in such manner and subject to such conditions as may be prescribed:provided that a casual taxable person or a non-resident taxable person shall apply for registration at least five days prior to the commencement of business5explanation—every person who makes a supply from the territorial waters of india shall obtain registration in the coastal state or union territory where the nearest point of the appropriate base line is located(2) a person seeking registration under this act shall be granted a single registration in a state or union territory:10provided that a person having multiple business verticals in a state or union territory may be granted a separate registration for each business vertical, subject to such conditions as may be prescribed15(3) a person, though not liable to be registered under section 22 or section 24 may get himself registered voluntarily, and all provisions of this act, as are applicable to a registered person, shall apply to such person(4) a person who has obtained or is required to obtain more than one registration, whether in one state or union territory or more than one state or union territory shall, in respect of each such registration, be treated as distinct persons for the purposes of this act20(5) where a person who has obtained or is required to obtain registration in a state or union territory in respect of an establishment, has an establishment in another state or union territory, then such establishments shall be treated as establishments of distinct persons for the purposes of this act43 of 196125(6) every person shall have a permanent account number issued under the incometax act, 1961 in order to be eligible for grant of registration:provided that a person required to deduct tax under section 51 may have, in lieu of a permanent account number, a tax deduction and collection account number issued under the said act in order to be eligible for grant of registration30(7) notwithstanding anything contained in sub-section (6), a non-resident taxable person may be granted registration under sub-section (1) on the basis of such other documents as may be prescribed35(8) where a person who is liable to be registered under this act fails to obtain registration, the proper officer may, without prejudice to any action which may be taken under this act or under any other law for the time being in force, proceed to register such person in such manner as may be prescribed(9) notwithstanding anything contained in sub-section (1),––46 of 194740(a) any specialised agency of the united nations organisation or any multilateral financial institution and organisation notified under the united nations (privileges and immunities) act, 1947, consulate or embassy of foreign countries ; and(b) any other person or class of persons, as may be notified by the commissioner, shall be granted a unique identity number in such manner and for such purposes, including refund of taxes on the notified supplies of goods or services or both received by them, as may be prescribed45(10) the registration or the unique identity number shall be granted or rejected after due verification in such manner and within such period as may be prescribed(11) a certificate of registration shall be issued in such form and with effect from such date as may be prescribed(12) a registration or a unique identity number shall be deemed to have been granted after the expiry of the period prescribed under sub-section (10), if no deficiency has been communicated to the applicant within that period5deemed registration1026 (1) the grant of registration or the unique identity number under the state goodsand services tax act or the union territory goods and services tax act shall be deemed to be a grant of registration or the unique identity number under this act subject to the condition that the application for registration or the unique identity number has not been rejected under this act within the time specified in sub-section (10) of section 25(2) notwithstanding anything contained in sub-section (10) of section 25, any rejection of application for registration or the unique identity number under the state goods and services tax act or the union territory goods and services tax act shall be deemed to be a rejection of application for registration under this act1527 (1) the certificate of registration issued to a casual taxable person or a nonresident taxable person shall be valid for the period specified in the application for registration or ninety days from the effective date of registration, whichever is earlier and such person shall make taxable supplies only after the issuance of the certificate of registration:special provisions relating to casual taxable person and non-resident taxable person20provided that the proper officer may, on sufficient cause being shown by the saidtaxable person, extend the said period of ninety days by a further period not exceeding ninety days25(2) a casual taxable person or a non-resident taxable person shall, at the time of submission of application for registration under sub-section (1) of section 25, make an advance deposit of tax in an amount equivalent to the estimated tax liability of such person for the period for which the registration is sought:provided that where any extension of time is sought under sub-section (1), such taxable person shall deposit an additional amount of tax equivalent to the estimated tax liability of such person for the period for which the extension is sought30(3) the amount deposited under sub-section (2) shall be credited to the electroniccash ledger of such person and shall be utilised in the manner provided undersection 49amendment of registration3528 (1) every registered person and a person to whom a unique identity number has been assigned shall inform the proper officer of any changes in the information furnished at the time of registration or subsequent thereto, in such form and manner and within such period as may be prescribed(2) the proper officer may, on the basis of information furnished under sub-section (1)or as ascertained by him, approve or reject amendments in the registration particulars in such manner and within such period as may be prescribed:40provided that approval of the proper officer shall not be required in respect of amendmentof such particulars as may be prescribed:provided further that the proper officer shall not reject the application for amendmentin the registration particulars without giving the person an opportunity of being heard45(3) any rejection or approval of amendments under the state goods and services taxact or the union territory goods and services tax act, as the case may be, shall be deemed to be a rejection or approval under this act29 (1) the proper officer may, either on his own motion or on an application filed bythe registered person or by his legal heirs, in case of death of such person, cancel thecancellation of registrationregistration, in such manner and within such period as may be prescribed, having regard to the circumstances where,––5(a) the business has been discontinued, transferred fully for any reason including death of the proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; or(b) there is any change in the constitution of the business; or (c) the taxable person, other than the person registered under sub-section (3) of section 25, is no longer liable to be registered under section 22 or section 2410(2) the proper officer may cancel the registration of a person from such date, including any retrospective date, as he may deem fit, where,––(a) a registered person has contravened such provisions of the act or the rules made thereunder as may be prescribed; or(b) a person paying tax under section 10 has not furnished returns for three consecutive tax periods; or15(c) any registered person, other than a person specified in clause (b), has not furnished returns for a continuous period of six months; or(d) any person who has taken voluntary registration under sub-section (3) of section 25 has not commenced business within six months from the date of registration; or20(e) registration has been obtained by means of fraud, wilful misstatement or suppression of facts:provided that the proper officer shall not cancel the registration without giving the person an opportunity of being heard25(3) the cancellation of registration under this section shall not affect the liability of the person to pay tax and other dues under this act or to discharge any obligation under this act or the rules made thereunder for any period prior to the date of cancellation whether or not such tax and other dues are determined before or after the date of cancellation30(4) the cancellation of registration under the state goods and services tax act or the union territory goods and services tax act, as the case may be, shall be deemed to be a cancellation of registration under this act35(5) every registered person whose registration is cancelled shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock or capital goods or plant and machinery on the day immediately preceding the date of such cancellation or the output tax payable on such goods, whichever is higher, calculated in such manner as may be prescribed:40 provided that in case of capital goods or plant and machinery, the taxable person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery, reduced by such percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant and machinery under section 15, whichever is higher(6) the amount payable under sub-section (5) shall be calculated in such manner as may be prescribed4530 (1) subject to such conditions as may be prescribed, any registered person, whose registration is cancelled by the proper officer on his own motion, may apply to such officer for revocation of cancellation of the registration in the prescribed manner within thirty days from the date of service of the cancellation orderrevocation of cancellation of registration(2) the proper officer may, in such manner and within such period as may be prescribed, by order, either revoke cancellation of the registration or reject the application:provided that the application for revocation of cancellation of registration shall not be rejected unless the applicant has been given an opportunity of being heard5(3) the revocation of cancellation of registration under the state goods and servicestax act or the union territory goods and services tax act, as the case may be, shall be deemed to be a revocation of cancellation of registration under this act chapter vii tax invoice, credit and debit notes10tax invoice31 (1) a registered person supplying taxable goods shall, before or at the time of,—(a) removal of goods for supply to the recipient, where the supply involvesmovement of goods; or (b) delivery of goods or making available thereof to the recipient, in any other case,15issue a tax invoice showing the description, quantity and value of goods, the tax charged thereon and such other particulars as may be prescribed:provided that the government may, on the recommendations of the council, by notification, specify the categories of goods or supplies in respect of which a tax invoice shall be issued, within such time and in such manner as may be prescribed20(2) a registered person supplying taxable services shall, before or after the provisionof service but within a prescribed period, issue a tax invoice, showing the description, value, tax charged thereon and such other particulars as may be prescribed:25provided that the government may, on the recommendations of the council, by notification and subject to such conditions as may be mentioned therein, specify the categories of services in respect of which––(a) any other document issued in relation to the supply shall be deemed to be a tax invoice; or(b) tax invoice may not be issued(3) notwithstanding anything contained in sub-sections (1) and (2)––30(a) a registered person may, within one month from the date of issuance ofcertificate of registration and in such manner as may be prescribed, issue a revised invoice against the invoice already issued during the period beginning with the effective date of registration till the date of issuance of certificate of registration to him;35(b) a registered person may not issue a tax invoice if the value of the goods orservices or both supplied is less than two hundred rupees subject to such conditions and in such manner as may be prescribed;(c) a registered person supplying exempted goods or services or both or payingtax under the provisions of section 10 shall issue, instead of a tax invoice, a bill of supply containing such particulars and in such manner as may be prescribed:40provided that the registered person may not issue a bill of supply if the value ofthe goods or services or both supplied is less than two hundred rupees subject to such conditions and in such manner as may be prescribed;45(d) a registered person shall, on receipt of advance payment with respect to anysupply of goods or services or both, issue a receipt voucher or any other document, containing such particulars as may be prescribed, evidencing receipt of such payment;(e) where, on receipt of advance payment with respect to any supply of goods or services or both the registered person issues a receipt voucher, but subsequently no supply is made and no tax invoice is issued in pursuance thereof, the said registered person may issue to the person who had made the payment, a refund voucher against such payment;5(f) a registered person who is liable to pay tax under sub-section (3) or sub-section (4) of section 9 shall issue an invoice in respect of goods or services or both received by him from the supplier who is not registered on the date of receipt of goods or services or both;10(g) a registered person who is liable to pay tax under sub-section (3) or subsection (4) of section 9 shall issue a payment voucher at the time of making payment to the supplier (4) in case of continuous supply of goods, where successive statements of accounts or successive payments are involved, the invoice shall be issued before or at the time each such statement is issued or, as the case may be, each such payment is received15(5) subject to the provisions of clause (d) of sub-section (3), in case of continuous supply of services,––(a) where the due date of payment is ascertainable from the contract, the invoice shall be issued on or before the due date of payment;20(b) where the due date of payment is not ascertainable from the contract, the invoice shall be issued before or at the time when the supplier of service receives the payment;(c) where the payment is linked to the completion of an event, the invoice shall be issued on or before the date of completion of that event25(6) in a case where the supply of services ceases under a contract before the completion of the supply, the invoice shall be issued at the time when the supply ceases and such invoice shall be issued to the extent of the supply made before such cessation30(7) notwithstanding anything contained in sub-section (1), where the goods being sent or taken on approval for sale or return are removed before the supply takes place, the invoice shall be issued before or at the time of supply or six months from the date of removal, whichever is earlierexplanation––for the purposes of this section, the expression "tax invoice" shall include any revised invoice issued by the supplier in respect of a supply made earlier32 (1) a person who is not a registered person shall not collect in respect of any supply of goods or services or both any amount by way of tax under this act35prohibition of unauthorised collection of tax(2) no registered person shall collect tax except in accordance with the provisions ofthis act or the rules made thereunder40amount of tax to be indicated in tax invoice and other documents33 notwithstanding anything contained in this act or any other law for the time beingin force, where any supply is made for a consideration, every person who is liable to pay tax for such supply shall prominently indicate in all documents relating to assessment, tax invoice and other like documents, the amount of tax which shall form part of the price at which such supply is madecredit and debit notes4534 (1) where a tax invoice has been issued for supply of any goods or services orboth and the taxable value or tax charged in that tax invoice is found to exceed the taxable value or tax payable in respect of such supply, or where the goods supplied are returned by the recipient, or where goods or services or both supplied are found to be deficient, the registered person, who has supplied such goods or services or both, may issue to the recipient a credit note containing such particulars as may be prescribed5(2) any registered person who issues a credit note in relation to a supply of goods orservices or both shall declare the details of such credit note in the return for the month during which such credit note has been issued but not later than september following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return, whichever is earlier, and the tax liability shall be adjusted in such manner as may be prescribed:provided that no reduction in output tax liability of the supplier shall be permitted, if the incidence of tax and interest on such supply has been passed on to any other person10(3) where a tax invoice has been issued for supply of any goods or services or bothand the taxable value or tax charged in that tax invoice is found to be less than the taxable value or tax payable in respect of such supply, the registered person, who has supplied such goods or services or both, shall issue to the recipient a debit note containing such particulars as may be prescribed15(4) any registered person who issues a debit note in relation to a supply of goods orservices or both shall declare the details of such debit note in the return for the month during which such debit note has been issued and the tax liability shall be adjusted in such manner as may be prescribedexplanation––for the purposes of this act, the expression "debit note" shall include a supplementary invoice20 chapter viii accounts and recordsaccounts and other records35 (1) every registered person shall keep and maintain, at his principal place of business, as mentioned in the certificate of registration, a true and correct account of—(a) production or manufacture of goods;25(b) inward and outward supply of goods or services or both; (c) stock of goods; (d) input tax credit availed; (e) output tax payable and paid; and (f) such other particulars as may be prescribed:30provided that where more than one place of business is specified in the certificate of registration, the accounts relating to each place of business shall be kept at such places of business:provided further that the registered person may keep and maintain such accounts and other particulars in electronic form in such manner as may be prescribed35(2) every owner or operator of warehouse or godown or any other place used forstorage of goods and every transporter, irrespective of whether he is a registered person or not, shall maintain records of the consigner, consignee and other relevant details of the goods in such manner as may be prescribed40(3) the commissioner may notify a class of taxable persons to maintain additionalaccounts or documents for such purpose as may be specified therein(4) where the commissioner considers that any class of taxable persons is not in a position to keep and maintain accounts in accordance with the provisions of this section, he may, for reasons to be recorded in writing, permit such class of taxable persons to maintain accounts in such manner as may be prescribed45(5) every registered person whose turnover during a financial year exceeds theprescribed limit shall get his accounts audited by a chartered accountant or a cost accountantand shall submit a copy of the audited annual accounts, the reconciliation statement under sub-section (2) of section 44 and such other documents in such form and manner as may be prescribed5 10(6) subject to the provisions of clause (h) of sub-section (5) of section 17, where the registered person fails to account for the goods or services or both in accordance with the provisions of sub-section (1), the proper officer shall determine the amount of tax payable on the goods or services or both that are not accounted for, as if such goods or services or both had been supplied by such person and the provisions of section 73 or section 74, as the case may be, shall, mutatis mutandis, apply for determination of such taxperiod of retention ofaccounts36 every registered person required to keep and maintain books of account or otherrecords in accordance with the provisions of sub-section (1) of section 35 shall retain themuntil the expiry of seventy two months from the due date of furnishing of annual return for the year pertaining to such accounts and records:15 20provided that a registered person, who is a party to an appeal or revision or any other proceedings before any appellate authority or revisional authority or appellate tribunal or court, whether filed by him or by the commissioner, or is under investigation for an offence under chapter xix, shall retain the books of account and other records pertaining to the subject matter of such appeal or revision or proceedings or investigation for a period of one year after final disposal of such appeal or revision or proceedings or investigation, or for the period specified above, whichever is later chapter ix returns25furnishing details of outward supplies3037 (1) every registered person, other than an input service distributor, a non-resident taxable person and a person paying tax under the provisions of section 10 or section 51 or section 52, shall furnish, electronically, in such form and manner as may be prescribed, the details of outward supplies of goods or services or both effected during a tax period on or before the tenth day of the month succeeding the said tax period and such details shall be communicated to the recipient of the said supplies within such time and in such manner as may be prescribed:provided that the registered person shall not be allowed to furnish the details of outward supplies during the period from the eleventh day to the fifteenth day of the month succeeding the tax period:35provided further that the commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing such details for such class of taxable persons as may be specified therein:provided also that any extension of time limit notified by the commissioner of state tax or commissioner of union territory tax shall be deemed to be notified by the commissioner40 45(2) every registered person who has been communicated the details under sub-section (3) of section 38 or the details pertaining to inward supplies of input service distributor under sub-section (4) of section 38, shall either accept or reject the details so communicated, on or before the seventeenth day, but not before the fifteenth day, of the month succeeding the tax period and the details furnished by him under sub-section (1) shall stand amended accordingly(3) any registered person, who has furnished the details under sub-section (1) for any tax period and which have remained unmatched under section 42 or section 43, shall, upon discovery of any error or omission therein, rectify such error or omission in such manner as may be prescribed, and shall pay the tax and interest, if any, in case there is a short payment of tax on account of such error or omission, in the return to be furnished for such tax period:5provided that no rectification of error or omission in respect of the details furnishedunder sub-section (1) shall be allowed after furnishing of the return under section 39 for themonth of september following the end of the financial year to which such details pertain, or furnishing of the relevant annual return, whichever is earlierexplanation––for the purposes of this chapter, the expression "details of outward supplies" shall include details of invoices, debit notes, credit notes and revised invoices issued in relation to outward supplies made during any tax period10furnishing details of inwardsupplies1538 (1) every registered person, other than an input service distributor or anon-resident taxable person or a person paying tax under the provisions of section 10, section 51 or section 52, shall verify, validate, modify or delete, if required, the details relating to outward supplies and credit or debit notes communicated under sub-section (1)of section 37 to prepare the details of his inward supplies and credit or debit notes and may include therein, the details of inward supplies and credit or debit notes received by him in respect of such supplies that have not been declared by the supplier under sub-section (1) of section 372051 of 197525(2) every registered person, other than an input service distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52, shall furnish, electronically, the details of inward supplies of taxable goods or services or both, including inward supplies of goods or services or both on which the tax is payable on reverse charge basis under this act and inward supplies of goods or services or both taxable under the integrated goods and services tax act or on which integrated goods and services tax is payable under section 3 of the customs tariff act, 1975, and credit or debit notes received in respect of such supplies during a tax period after the tenth day but on or before the fifteenth day of the month succeeding the tax period in such form and manner as may be prescribed:30provided that the commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing such details for such class of taxable persons as may be specified therein:provided further that any extension of time limit notified by the commissioner of state tax or commissioner of union territory tax shall be deemed to be notified by the commissioner35(3) the details of supplies modified, deleted or included by the recipient and furnished under sub-section (2) shall be communicated to the supplier concerned in such manner and within such time as may be prescribed(4) the details of supplies modified, deleted or included by the recipient in the return furnished under sub-section (2) or sub-section (4) of section 39 shall be communicated to the supplier concerned in such manner and within such time as may be prescribed40(5) any registered person, who has furnished the details under sub-section (2) for anytax period and which have remained unmatched under section 42 or section 43, shall, upon discovery of any error or omission therein, rectify such error or omission in the tax period during which such error or omission is noticed in such manner as may be prescribed, and shall pay the tax and interest, if any, in case there is a short payment of tax on account of such error or omission, in the return to be furnished for such tax period:45provided that no rectification of error or omission in respect of the details furnished under sub-section (2) shall be allowed after furnishing of the return under section 39 for the month of september following the end of the financial year to which such details pertain, or furnishing of the relevant annual return, whichever is earlierfurnishing of returns539 (1) every registered person, other than an input service distributor or a non-resident taxable person or a person paying tax under the provisions of section 10, section 51 or section 52 shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, of inward and outward supplies of goods or services or both, input tax credit availed, tax payable, tax paid and such other particulars as may be prescribed, on or before the twentieth day of the month succeeding such calendar month or part thereof10(2) a registered person paying tax under the provisions of section 10 shall, for each quarter or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, of turnover in the state or union territory, inward supplies of goods or services or both, tax payable and tax paid within eighteen days after the end of such quarter15(3) every registered person required to deduct tax at source under the provisions of section 51 shall furnish, in such form and manner as may be prescribed, a return, electronically, for the month in which such deductions have been made within ten days after the end of such month(4) every taxable person registered as an input service distributor shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within thirteen days after the end of such month20(5) every registered non-resident taxable person shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within twenty days after the end of a calendar month or within seven days after the last day of the period of registration specified under sub-section (1) of section 27, whichever is earlier25(6) the commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing the returns under this section for such class of registered persons as may be specified therein:provided that any extension of time limit notified by the commissioner of state tax or union territory tax shall be deemed to be notified by the commissioner30(7) every registered person, who is required to furnish a return under sub-section (1)or sub-section (2) 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 return35(8) every registered person who is required to furnish a return under sub-section (1) or sub-section (2) shall furnish a return for every tax period whether or not any supplies of goods or services or both have been made during such tax period40(9) subject to the provisions of sections 37 and 38, if any registered person after furnishing a return under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars in the return to be furnished for the month or quarter during which such omission or incorrect particulars are noticed, subject to payment of interest under this act:45provided that no such rectification of any omission or incorrect particulars shall be allowed after the due date for furnishing of return for the month of september or second quarter following the end of the financial year, or the actual date of furnishing of relevant annual return, whichever is earlier(10) a registered person shall not be allowed to furnish a return for a tax period if the return for any of the previous tax periods has not been furnished by himfirst return40 every registered person who has made outward supplies in the period between the date on which he became liable to registration till the date on which registration has been granted shall declare the same in the first return furnished by him after grant of registration541 (1) every registered person shall, subject to such conditions and restrictions asmay be prescribed, be entitled to take the credit of eligible input tax, as self-assessed, in his return and such amount shall be credited on a provisional basis to his electronic credit ledgerclaim of input tax credit and provisional acceptance thereof(2) the credit referred to in sub-section (1) shall be utilised only for payment of selfassessed output tax as per the return referred to in the said sub-section1042 (1) the details of every inward supply furnished by a registered person (hereafterin this section referred to as the "recipient") for a tax period shall, in such manner and within such time as may be prescribed, be matched––matching, reversal andreclaim ofinput tax credit15(a) with the corresponding details of outward supply furnished by thecorresponding registered person (hereafter in this section referred to as the "supplier") in his valid return for the same tax period or any preceding tax period;51 of 1975(b) with the integrated goods and services tax paid under section 3 of the customstariff act, 1975 in respect of goods imported by him; and(c) for duplication of claims of input tax credit2051 of 1975(2) the claim of input tax credit in respect of invoices or debit notes relating to inwardsupply that match with the details of corresponding outward supply or with the integrated goods and services tax paid under section 3 of the customs tariff act, 1975 in respect of goods imported by him shall be finally accepted and such acceptance shall be communicated, in such manner as may be prescribed, to the recipient25(3) where the input tax credit claimed by a recipient in respect of an inward supply isin excess of the tax declared by the supplier for the same supply or the outward supply is not declared by the supplier in his valid returns, the discrepancy shall be communicated to both such persons in such manner as may be prescribed30(4) the duplication of claims of input tax credit shall be communicated to the recipientin such manner as may be prescribed35(5) the amount in respect of which any discrepancy is communicated under subsection (3) and which is not rectified by the supplier in his valid return for the month in which discrepancy is communicated shall be added to the output tax liability of the recipient, in such manner as may be prescribed, in his return for the month succeeding the month in which the discrepancy is communicated(6) the amount claimed as input tax credit that is found to be in excess on account of duplication of claims shall be added to the output tax liability of the recipient in his return for the month in which the duplication is communicated40(7) the recipient shall be eligible to reduce, from his output tax liability, the amount added under sub-section (5), if the supplier declares the details of the invoice or debit note in his valid return within the time specified in sub-section (9) of section 3945(8) a recipient in whose output tax liability any amount has been added under subsection (5) or sub-section (6), shall be liable to pay interest at the rate specified under subsection (1) of section 50 on the amount so added from the date of availing of credit till the corresponding additions are made under the said sub-sections(9) where any reduction in output tax liability is accepted under sub-section (7), the interest paid under sub-section (8) shall be refunded to the recipient by crediting the amount in the corresponding head of his electronic cash ledger in such manner as may be prescribed:provided that the amount of interest to be credited in any case shall not exceed the amount of interest paid by the supplier5(10) the amount reduced from the output tax liability in contravention of the provisions of sub-section (7) shall be added to the output tax liability of the recipient in his return for the month in which such contravention takes place and such recipient shall be liable to pay interest on the amount so added at the rate specified in sub-section (3) of section 501043 (1) the details of every credit note relating to outward supply furnished by a registered person (hereafter in this section referred to as the "supplier") for a tax period shall, in such manner and within such time as may be prescribed, be matched––matching, reversal and reclaim of reduction in output tax liability(a) with the corresponding reduction in the claim for input tax credit by the corresponding registered person (hereafter in this section referred to as the "recipient") in his valid return for the same tax period or any subsequent tax period; and(b) for duplication of claims for reduction in output tax liability15(2) the claim for reduction in output tax liability by the supplier that matches with the corresponding reduction in the claim for input tax credit by the recipient shall be finally accepted and communicated, in such manner as may be prescribed, to the supplier20(3) where the reduction of output tax liability in respect of outward supplies exceeds the corresponding reduction in the claim for input tax credit or the corresponding credit note is not declared by the recipient in his valid returns, the discrepancy shall be communicated to both such persons in such manner as may be prescribed(4) the duplication of claims for reduction in output tax liability shall be communicated to the supplier in such manner as may be prescribed25(5) the amount in respect of which any discrepancy is communicated under subsection (3) and which is not rectified by the recipient in his valid return for the month in which discrepancy is communicated shall be added to the output tax liability of the supplier, in such manner as may be prescribed, in his return for the month succeeding the month in which the discrepancy is communicated30(6) the amount in respect of any reduction in output tax liability that is found to be on account of duplication of claims shall be added to the output tax liability of the supplier in his return for the month in which such duplication is communicated(7) the supplier shall be eligible to reduce, from his output tax liability, the amount added under sub-section (5) if the recipient declares the details of the credit note in his valid return within the time specified in sub-section (9) of section 3935(8) a supplier in whose output tax liability any amount has been added under subsection (5) or sub-section (6), shall be liable to pay interest at the rate specified under subsection (1) of section 50 in respect of the amount so added from the date of such claim for reduction in the output tax liability till the corresponding additions are made under the said sub-sections40(9) where any reduction in output tax liability is accepted under sub-section (7), the interest paid under sub-section (8) shall be refunded to the supplier by crediting the amount in the corresponding head of his electronic cash ledger in such manner as may be prescribed:provided that the amount of interest to be credited in any case shall not exceed the amount of interest paid by the recipient45(10) the amount reduced from output tax liability in contravention of the provisions of sub-section (7) shall be added to the output tax liability of the supplier in his return for the month in which such contravention takes place and such supplier shall be liable to pay interest on the amount so added at the rate specified in sub-section (3) of section 50annual return544 (1) every registered person, other than an input service distributor, a personpaying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of december following the end of such financial year10(2) every registered person who is required to get his accounts audited in accordancewith the provisions of sub-section (5) of section 35 shall furnish, electronically, the annualreturn under sub-section (1) along with a copy of the audited annual accounts and a reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year with the audited annual financial statement, and such other particulars as may be prescribedfinal return1545 every registered person who is required to furnish a return under sub-section (1)of section 39 and whose registration has been cancelled shall furnish a final return within three months of the date of cancellation or date of order of cancellation, whichever is later, in such form and manner as may be prescribednotice to return defaulters46 where a registered person fails to furnish a return under section 39 or section 44 orsection 45, a notice shall be issued requiring him to furnish such return within fifteen days in such form and manner as may be prescribedlevy of late fee2047 (1) any registered person who fails to furnish the details of outward or inwardsupplies required under section 37 or section 38 or returns required under section 39 or section 45 by the due date shall pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum amount of five thousand rupees25(2) any registered person who fails to furnish the return required under section 44 bythe due date shall be liable to pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum of an amount calculated at a quarter per cent of his turnover in the state or union territorygoods and services tax practitioners3048 (1) the manner of approval of goods and services tax practitioners, their eligibilityconditions, duties and obligations, manner of removal and other conditions relevant for their functioning shall be such as may be prescribed(2) a registered person may authorise an approved goods and services tax practitioner to furnish the details of outward supplies under section 37, the details of inward supplies under section 38 and the return under section 39 or section 44 or section 45 in such manner as may be prescribed35(3) notwithstanding anything contained in sub-section (2), the responsibility for correctness of any particulars furnished in the return or other details filed by the goods and services tax practitioners shall continue to rest with the registered person on whose behalf such return and details are furnished chapter x40 payment of taxpayment of tax, interest, penalty and other amounts4549 (1) every deposit made towards tax, interest, penalty, fee or any other amount by a person by internet banking or by using credit or debit cards or national electronic fund transfer or real time gross settlement or by such other mode and subject to such conditions and restrictions as may be prescribed, shall be credited to the electronic cash ledger of such person to be maintained in such manner as may be prescribed(2) the input tax credit as self-assessed in the return of a registered person shall be credited to his electronic credit ledger, in accordance with section 41, to be maintained in such manner as may be prescribed(3) the amount available in the electronic cash ledger may be used for making any payment towards tax, interest, penalty, fees or any other amount payable under the provisions of this act or the rules made thereunder in such manner and subject to such conditions and within such time as may be prescribed5(4) the amount available in the electronic credit ledger may be used for making any payment towards output tax under this act or under the integrated goods and services tax act in such manner and subject to such conditions and within such time as may be prescribed(5) the amount of input tax credit available in the electronic credit ledger of the registered person on account of––10(a) integrated tax shall first be utilised towards payment of integrated tax and the amount remaining, if any, may be utilised towards the payment of central tax and state tax, or as the case may be, union territory tax, in that order;(b) the central tax shall first be utilised towards payment of central tax and the amount remaining, if any, may be utilised towards the payment of integrated tax;15(c) the state tax shall first be utilised towards payment of state tax and the amount remaining, if any, may be utilised towards payment of integrated tax;(d) the union territory tax shall first be utilised towards payment of union territory tax and the amount remaining, if any, may be utilised towards payment of integrated tax;20(e) the central tax shall not be utilised towards payment of state tax or union territory tax; and(f) the state tax or union territory tax shall not be utilised towards payment of central tax25(6) the balance in the electronic cash ledger or electronic credit ledger after payment of tax, interest, penalty, fee or any other amount payable under this act or the rules made thereunder may be refunded in accordance with the provisions of section 54(7) all liabilities of a taxable person under this act shall be recorded and maintained in an electronic liability register in such manner as may be prescribed(8) every taxable person shall discharge his tax and other dues under this act or the rules made thereunder in the following order, namely:––(a) self-assessed tax, and other dues related to returns of previous tax periods;30(b) self-assessed tax, and other dues related to the return of the current tax period; (c) any other amount payable under this act or the rules made thereunderincluding the demand determined under section 73 or section 74;35(9) every person who has paid the tax on goods or services or both under this act shall, unless the contrary is proved by him, be deemed to have passed on the full incidence of such tax to the recipient of such goods or services or bothexplanation––for the purposes of this section,—(a) the date of credit to the account of the government in the authorised bank shall be deemed to be the date of deposit in the electronic cash ledger;40(b) the expression,—(i) "tax dues" means the tax payable under this act and does not include interest, fee and penalty; and(ii) "other dues" means interest, penalty, fee or any other amount payable under this act or the rules made thereunder45interest on delayed payment of tax50 (1) every person who is liable to pay tax in accordance with the provisions of thisact or the rules made thereunder, but fails to pay the tax or any part thereof to the government within the period prescribed, shall for the period for which the tax or any part thereof remains unpaid, pay, on his own, interest at such rate, not exceeding eighteen per cent, as may be notified by the government on the recommendations of the council(2) the interest under sub-section (1) shall be calculated, in such manner as may be prescribed, from the day succeeding the day on which such tax was due to be paid5(3) a taxable person who makes an undue or excess claim of input tax credit under subsection (10) of section 42 or undue or excess reduction in output tax liability under subsection (10) of section 43, shall pay interest on such undue or excess claim or on such undue or excess reduction, as the case may be, at such rate not exceeding twenty-four per cent, as may be notified by the government on the recommendations of the counciltax deduction at source51 (1) notwithstanding anything to the contrary contained in this act, the government may mandate,––10(a) a department or establishment of the central government or stategovernment; or(b) local authority; or (c) governmental agencies; or15(d) such persons or category of persons as may be notified by the governmenton the recommendations of the council,(hereafter in this section referred to as "the deductor"), to deduct tax at the rate of one per cent from the payment made or credited to the supplier (hereafter in this section referred to as "the deductee") of taxable goods or services or both, where the total value of such supply, under a contract, exceeds two lakh and fifty thousand rupees:20provided that no deduction shall be made if the location of the supplier and the placeof supply is in a state or union territory which is different from the state or as the case may be, union territory of registration of the recipient25explanation––for the purpose of deduction of tax specified above, the value of supply shall be taken as the amount excluding the central tax, state tax, union territory tax, integrated tax and cess indicated in the invoice(2) the amount deducted as tax under this section shall be paid to the government by the deductor within ten days after the end of the month in which such deduction is made, in such manner as may be prescribed30(3) the deductor shall furnish to the deductee a certificate mentioning therein the contract value, rate of deduction, amount deducted, amount paid to the government and such other particulars in such manner as may be prescribed35(4) if any deductor fails to furnish to the deductee the certificate, after deducting the tax at source, within five days of crediting the amount so deducted to the government, the deductor shall pay, by way of a late fee, a sum of one hundred rupees per day from the day after the expiry of such five day period until the failure is rectified, subject to a maximum amount of five thousand rupees(5) the deductee shall claim credit, in his electronic cash ledger, of the tax deducted and reflected in the return of the deductor furnished under sub-section (3) of section 39, in such manner as may be prescribed40(6) if any deductor fails to pay to the government the amount deducted as tax undersub-section (1), he shall pay interest in accordance with the provisions of sub-section (1) ofsection 50, in addition to the amount of tax deducted(7) the determination of the amount in default under this section shall be made in the manner specified in section 73 or section7445(8) the refund to the deductor or the deductee arising on account of excess or erroneousdeduction shall be dealt with in accordance with the provisions of section 54:provided that no refund to the deductor shall be granted, if the amount deducted has been credited to the electronic cash ledger of the deducteecollection of tax at source552 (1) notwithstanding anything to the contrary contained in this act, every electronic commerce operator (hereafter in this section referred to as the "operator"), not being an agent, shall collect an amount calculated at such rate not exceeding one per cent, as may be notified by the government on the recommendations of the council, of the net value of taxable supplies made through it by other suppliers where the consideration with respect to such supplies is to be collected by the operator10explanation––for the purposes of this sub-section, the expression "net value of taxable supplies" shall mean the aggregate value of taxable supplies of goods or services or both, other than services notified under sub-section (5) of section 9, made during any month by all registered persons through the operator reduced by the aggregate value of taxable supplies returned to the suppliers during the said month(2) the power to collect the amount specified in sub-section (1) shall be without prejudice to any other mode of recovery from the operator15(3) the amount collected under sub-section (1) shall be paid to the government by the operator within ten days after the end of the month in which such collection is made, in such manner as may be prescribed20(4) every operator who collects the amount specified in sub-section (1) shall furnish a statement, electronically, containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected under sub-section (1) during a month, in such form and manner as may be prescribed, within ten days after the end of such month25(5) every operator who collects the amount specified in sub-section (1) shall furnish an annual statement, electronically, containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected under the said sub-section during the financial year, in such form and manner as may be prescribed, before the thirty first day of december following the end of such financial year30(6) if any operator after furnishing a statement under sub-section (4) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars in the statement to be furnished for the month during which such omission or incorrect particulars are noticed, subject to payment of interest, as specified in sub-section (1) of section 50:35provided that no such rectification of any omission or incorrect particulars shall be allowed after the due date for furnishing of statement for the month of september following the end of the financial year or the actual date of furnishing of the relevant annual statement, whichever is earlier40(7) the supplier who has supplied the goods or services or both through the operator shall claim credit, in his electronic cash ledger, of the amount collected and reflected in the statement of the operator furnished under sub-section (4), in such manner as may be prescribed(8) the details of supplies furnished by every operator under sub-section (4) shall be matched with the corresponding details of outward supplies furnished by the concerned supplier registered under this act in such manner and within such time as may be prescribed45(9) where the details of outward supplies furnished by the operator under sub-section (4) do not match with the corresponding details furnished by the supplier under section 37, the discrepancy shall be communicated to both persons in such manner and within such time as may be prescribed50(10) the amount in respect of which any discrepancy is communicated under sub-section (9) and which is not rectified by the supplier in his valid return or the operator in5his statement for the month in which discrepancy is communicated, shall be added to the output tax liability of the said supplier, where the value of outward supplies furnished by the operator is more than the value of outward supplies furnished by the supplier, in his return for the month succeeding the month in which the discrepancy is communicated in such manner as may be prescribed(11) the concerned supplier, in whose output tax liability any amount has been added under sub-section (10), shall pay the tax payable in respect of such supply along with interest, at the rate specified under sub-section (1) of section 50 on the amount so added from the date such tax was due till the date of its payment10(12) any authority not below the rank of deputy commissioner may serve a notice,either before or during the course of any proceedings under this act, requiring the operator to furnish such details relating to—(a) supplies of goods or services or both effected through such operator during any period; or15 (b) stock of goods held by the suppliers making supplies through such operatorin the godowns or warehouses, by whatever name called, managed by such operator and declared as additional places of business by such suppliers,as may be specified in the notice20(13) every operator on whom a notice has been served under sub-section (12) shall furnish the required information within fifteen working days of the date of service of such notice(14) any person who fails to furnish the information required by the notice served under sub-section (12) shall, without prejudice to any action that may be taken under section 122, be liable to a penalty which may extend to twenty-five thousand rupees25explanation—for the purposes of this section, the expression "concerned supplier"shall mean the supplier of goods or services or both making supplies through the operatortransfer of input tax credit3053 on utilisation of input tax credit availed under this act for payment of tax dues under the integrated goods and services tax act in accordance with the provisions of sub-section (5) of section 49, as reflected in the valid return furnished under sub-section (1)of section 39, the amount collected as central tax shall stand reduced by an amount equal to such credit so utilised and the central government shall transfer an amount equal to the amount so reduced from the central tax account to the integrated tax account in such manner and within such time as may be prescribed chapter xi35refundsrefund of tax54 (1) any person claiming refund of any tax and interest, if any, paid on such tax orany other amount paid by him, may make an application before the expiry of two years from the relevant date in such form and manner as may be prescribed:40provided that a registered person, claiming refund of any balance in the electroniccash ledger in accordance with the provisions of sub-section (6) of section 49, may claimsuch refund in the return furnished under section 39 in such manner as may be prescribed46 of 194745(2) a specialised agency of the united nations organisation or any multilateral financialinstitution and organisation notified under the united nations (privileges and immunities) act, 1947, consulate or embassy of foreign countries or any other person or class of persons, as notified under section 55, entitled to a refund of tax paid by it on inward supplies of goods or services or both, may make an application for such refund, in such form and manner as may be prescribed, before the expiry of six months from the last day of the quarter in which such supply was received(3) subject to the provisions of sub-section (10), a registered person may claim refund of any unutilised input tax credit at the end of any tax period:provided that no refund of unutilised input tax credit shall be allowed in cases other than––(i) zero rated supplies made without payment of tax;5(ii) where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies (other than nil rated or fully exempt supplies), except supplies of goods or services or both as may be notified by the government on the recommendations of the council:10provided further that no refund of unutilised input tax credit shall be allowed in cases where the goods exported out of india are subjected to export duty:provided also that no refund of input tax credit shall be allowed, if the supplier of goods or services or both avails of drawback in respect of central tax or claims refund of the integrated tax paid on such supplies15(4) the application shall be accompanied by—(a) such documentary evidence as may be prescribed to establish that a refund is due to the applicant; and20(b) such documentary or other evidence (including the documents referred to in section 33) as the applicant may furnish to establish that the amount of tax and interest, if any, paid on such tax or any other amount paid in relation to which such refund is claimed was collected from, or paid by, him and the incidence of such tax and interest had not been passed on to any other person:25provided that where the amount claimed as refund is less than two lakh rupees, it shall not be necessary for the applicant to furnish any documentary and other evidences but he may file a declaration, based on the documentary or other evidences available with him, certifying that the incidence of such tax and interest had not been passed on to any other person30(5) if, on receipt of any such application, the proper officer is satisfied that the whole or part of the amount claimed as refund is refundable, he may make an order accordingly and the amount so determined shall be credited to the fund referred to in section 5735(6) notwithstanding anything contained in sub-section (5), the proper officer may, in the case of any claim for refund on account of zero-rated supply of goods or services or both made by registered persons, other than such category of registered persons as may be notified by the government on the recommendations of the council, refund on a provisional basis, ninety per cent of the total amount so claimed, excluding the amount of input tax credit provisionally accepted, in such manner and subject to such conditions, limitations and safeguards as may be prescribed and thereafter make an order under subsection (5) for final settlement of the refund claim after due verification of documents furnished by the applicant40(7) the proper officer shall issue the order under sub-section (5) within sixty days from the date of receipt of application complete in all respects(8) notwithstanding anything contained in sub-section (5), the refundable amount shall, instead of being credited to the fund, be paid to the applicant, if such amount is relatable to—45(a) refund of tax paid on zero-rated supplies of goods or services or both or oninputs or input services used in making such zero-rated supplies;(b) refund of unutilised input tax credit under sub-section (3);(c) refund of tax paid on a supply which is not provided, either wholly or partially, and for which invoice has not been issued, or where a refund voucher has been issued;(d) refund of tax in pursuance of section 77; (e) the tax and interest, if any, or any other amount paid by the applicant, if he had not passed on the incidence of such tax and interest to any other person; or5(f) the tax or interest borne by such other class of applicants as the government may, on the recommendations of the council, by notification, specify10(9) notwithstanding anything to the contrary contained in any judgment, decree, order or direction of the appellate tribunal or any court or in any other provisions of this act or the rules made thereunder or in any other law for the time being in force, no refund shall be made except in accordance with the provisions of sub-section (8)15(10) where any refund is due under sub-section (3) to a registered person who has defaulted in furnishing any return or who is required to pay any tax, interest or penalty, which has not been stayed by any court, tribunal or appellate authority by the specified date, the proper officer may—(a) withhold payment of refund due until the said person has furnished the return or paid the tax, interest or penalty, as the case may be;20(b) deduct from the refund due, any tax, interest, penalty, fee or any other amount which the taxable person is liable to pay but which remains unpaid under this act or under the existing law explanation––for the purposes of this sub-section, the expression "specified date"shall mean the last date for filing an appeal under this act25(11) where an order giving rise to a refund is the subject matter of an appeal or further proceedings or where any other proceedings under this act is pending and the commissioner is of the opinion that grant of such refund is likely to adversely affect the revenue in the said appeal or other proceedings on account of malfeasance or fraud committed, he may, after giving the taxable person an opportunity of being heard, withhold the refund till such time as he may determine30(12) where a refund is withheld under sub-section (11), the taxable person shall, notwithstanding anything contained in section 56, be entitled to interest at such rate not exceeding six per cent as may be notified on the recommendations of the council, if as a result of the appeal or further proceedings he becomes entitled to refund35(13) notwithstanding anything to the contrary contained in this section, the amount of advance tax deposited by a casual taxable person or a non-resident taxable person under sub-section (2) of section 27, shall not be refunded unless such person has, in respect of the entire period for which the certificate of registration granted to him had remained in force, furnished all the returns required under section 39(14) notwithstanding anything contained in this section, no refund under sub-section (5)or sub-section (6) shall be paid to an applicant, if the amount is less than one thousand rupees40explanation—for the purposes of this section,–– (1) "refund" includes refund of tax paid on zero-rated supplies of goods or services or both or on inputs or input services used in making such zero-rated supplies, or refund of tax on the supply of goods regarded as deemed exports, or refund of unutilised input tax credit as provided under sub-section (3)(2) "relevant date" means—45 (a) in the case of goods exported out of india where a refund of tax paid is available in respect of goods themselves or, as the case may be, the inputs or input services used in such goods,––(i) if the goods are exported by sea or air, the date on which the ship or the aircraft in which such goods are loaded, leaves india; or(ii) if the goods are exported by land, the date on which such goods pass the frontier; or5(iii) if the goods are exported by post, the date of despatch of goods by the post office concerned to a place outside india; (b) in the case of supply of goods regarded as deemed exports where a refund of tax paid is available in respect of the goods, the date on which the return relating to such deemed exports is furnished;10(c) in the case of services exported out of india where a refund of tax paid is available in respect of services themselves or, as the case may be, the inputs or input services used in such services, the date of––15(i) receipt of payment in convertible foreign exchange, where the supply of services had been completed prior to the receipt of such payment; or(ii) issue of invoice, where payment for the services had been received in advance prior to the date of issue of the invoice;20(d) in case where the tax becomes refundable as a consequence of judgment, decree, order or direction of the appellate authority, appellate tribunal or any court, the date of communication of such judgment, decree, order or direction;(e) in the case of refund of unutilised input tax credit under sub-section (3), the end of the financial year in which such claim for refund arises;25(f) in the case where tax is paid provisionally under this act or the rules made thereunder, the date of adjustment of tax after the final assessment thereof;(g) in the case of a person, other than the supplier, the date of receipt of goods or services or both by such person; and (h) in any other case, the date of payment of taxrefund in certain cases3046 of 19473555 the government may, on the recommendations of the council, by notification, specify any specialised agency of the united nations organisation or any multilateral financial institution and organisation notified under the united nations (privileges and immunities) act, 1947, consulate or embassy of foreign countries and any other person or class of persons as may be specified in this behalf, who shall, subject to such conditions and restrictions as may be prescribed, be entitled to claim a refund of taxes paid on the notified supplies of goods or services or both received by theminterest on delayed refunds56 if any tax ordered to be refunded under sub-section (5) of section 54 to anyapplicant is not refunded within sixty days from the date of receipt of application under subsection (1) of that section, interest at such rate not exceeding six per cent as may be specifiedin the notification issued by the government on the recommendations of the council shall be payable in respect of such refund from the date immediately after the expiry of sixty days from the date of receipt of application under the said sub-section till the date of refund of such tax:provided that where any claim of refund arises from an order passed by an adjudicating authority or appellate authority or appellate tribunal or court which has attained finality and the same is not refunded within sixty days from the date of receipt of application filed consequent to such order, interest at such rate not exceeding nine per cent as may be notified by the government on the recommendations of the council shall be payable in respect of such refund from the date immediately after the expiry of sixty days from the date of receipt of application till the date of refund5explanation––for the purposes of this section, where any order of refund is made by an appellate authority, appellate tribunal or any court against an order of the proper officer under sub-section (5) of section 54, the order passed by the appellate authority, appellate tribunal or by the court shall be deemed to be an order passed under the said sub-section (5)consumer welfare fund57 the government shall constitute a fund, to be called the consumer welfare fund and there shall be credited to the fund,—(a) the amount referred  to  in  sub-section (5) of section 54;10(b) any income from investment of the amount credited to the fund; and (c) such other monies received by it,in such manner as may be prescribedutilisation of fund1558 (1) all sums credited to the fund shall be utilised by the government for the welfare of the consumers in such manner as may be prescribed(2) the government or the authority specified by it shall maintain proper and separate account and other relevant records in relation to the fund and prepare an annual statement of accounts in such form as may be prescribed in consultation with the comptroller and auditor general of india20 chapter  xii assessmentselfassessment59 every registered person shall self assess the taxes payable under this act and furnish a return for each tax period as specified under section 39provisional assessment2560 (1) subject to the provisions of sub-section (2), where the taxable person is unable to determine the value of goods or services or both or determine the rate of tax applicable thereto, he may request the proper officer in writing giving reasons for payment of tax on a provisional basis and the proper officer shall pass an order, within a period not later than ninety days from the date of receipt of such request, allowing payment of tax on provisional basis at such rate or on such value as may be specified by him30(2) the payment of tax on provisional basis may be allowed, if the taxable personexecutes a bond in such form as may be prescribed, and with such surety or security as the proper officer may deem fit, binding the taxable person for payment of the difference between the amount of tax as may be finally assessed and the amount of tax provisionally assessed35(3) the proper officer shall, within a period not exceeding six months from the date ofthe communication of the order issued under sub-section (1), pass the final assessment order after taking into account such information as may be required for finalizing the assessment:40provided that the period specified in this sub-section may, on sufficient cause beingshown and for reasons to be recorded in writing, be extended by the joint commissioner or additional commissioner for a further period not exceeding six months and by the commissioner for such further period not exceeding four years45(4) the registered person shall be liable to pay interest on any tax payable on thesupply of goods or services or both under provisional assessment but not paid on the due date specified under sub-section (7) of section 39 or the rules made thereunder, at the rate specified under sub-section (1) of section 50, from the first day after the due date of payment of tax in respect of the said supply of goods or services or both till the date of actualpayment, whether such amount is paid before or after the issuance of order for final assessment5(5) where the registered person is entitled to a refund consequent to the order of finalassessment under sub-section (3), subject to the provisions of sub-section (8) of section 54, interest shall be paid on such refund as provided in section 56scrutiny of returns61 (1) the proper officer may scrutinize the return and related particulars furnished bythe registered person to verify the correctness of the return and inform him of the discrepancies noticed, if any, in such manner as may be prescribed and seek his explanation thereto10(2) in case the explanation is found acceptable, the registered person shall be informedaccordingly and no further action shall be taken in this regard15(3) in case no satisfactory explanation is furnished within a period of thirty days ofbeing informed by the proper officer or such further period as may be permitted by him or where the registered person, after accepting the discrepancies, fails to take the corrective measure in his return for the month in which the discrepancy is accepted, the proper officer may initiate appropriate action including those under section 65 or section 66 or section 67, or proceed to determine the tax and other dues under section 73 or section 74assessment of non-filers of returns2062 (1) notwithstanding anything to the contrary contained in section 73 or section 74,where a registered person fails to furnish the return under section 39 or section 45, even after the service of a notice under section 46, the proper officer may proceed to assess the tax liability of the said person to the best of his judgement taking into account all the relevant material which is available or which he has gathered and issue an assessment order within a period of five years from the date specified under section 44 for furnishing of the annual return for the financial year to which the tax not paid relates25(2) where the registered person furnishes a valid return within thirty days of theservice of the assessment order under sub-section (1), the said assessment order shall be deemed to have been withdrawn but the liability for payment of interest under sub-section (1) of section 50 or for payment of late fee under section 47 shall continueassessment of unregistered persons3063 notwithstanding anything to the contrary contained in section 73 or section74, where a taxable person fails to obtain registration even though liable to do so or whose registration has been cancelled under sub-section (2) of section 29 but who was liable to pay tax, the proper officer may proceed to assess the tax liability of such taxable person to the best of his judgement for the relevant tax periods and issue an assessment order within aperiod of five years from the date specified under section 44 for furnishing of the annual return for the financial year to which the tax not paid relates:35provided that no such assessment order shall be passed without giving the person anopportunity of being heardsummary assessment in certain special cases4064 (1) the proper officer may, on any evidence showing a tax liability of a personcoming to his notice, with the previous permission of additional commissioner or joint commissioner, proceed to assess the tax liability of such person to protect the interest of revenue and issue an assessment order, if he has sufficient grounds to believe that any delay in doing so may adversely affect the interest of revenue:45provided that where the taxable person to whom the liability pertains is not ascertainableand such liability pertains to supply of goods, the person in charge of such goods shall be deemed to be the taxable person liable to be assessed and liable to pay tax and any other amount due under this section(2) on an application made by the taxable person within thirty days from the date ofreceipt of order passed under sub-section (1) or on his own motion, if the additional commissioner or joint commissioner considers that such order is erroneous, he may withdraw such order and follow the procedure laid down in section 73 or section 74 chapter xiii auditaudit by tax authorities65 (1) the commissioner or any officer authorised by him, by way of a general or a specific order, may undertake audit of any registered person for such period, at such frequency and in such manner as may be prescribed5(2) the officers referred to in sub-section (1) may conduct audit at the place of business of the registered person or in their office(3) the registered person shall be informed by way of a notice not less than fifteen working days prior to the conduct of audit in such manner as may be prescribed10(4) the audit under sub-section (1) shall be completed within a period of three months from the date of commencement of the audit:provided that where the commissioner is satisfied that audit in respect of such registered person cannot be completed within three months, he may, for the reasons to be recorded in writing, extend the period by a further period not exceeding six months15explanation––for the purposes of this sub-section, the expression "commencement of audit" shall mean the date on which the records and other documents, called for by the tax authorities, are made available by the registered person or the actual institution of audit at the place of business, whichever is later(5) during the course of audit, the authorised officer may require the registered person,—20(i) to afford him the necessary facility to verify the books of account or other documents as he may require;(ii) to furnish such information as he may require and render assistance for timely completion of the audit25(6) on conclusion of audit, the proper officer shall, within thirty days, inform the registered person, whose records are audited, about the findings, his rights and obligations and the reasons for such findings30(7) where the audit conducted under sub-section (1) results in detection of tax not paid or short paid or erroneously refunded, or input tax credit wrongly availed or utilised, the proper officer may initiate action under section 73 or section 74special audit3566 (1) if at any stage of scrutiny, inquiry, investigation or any other proceedings before him, any officer not below the rank of assistant commissioner, having regard to the nature and complexity of the case and the interest of revenue, is of the opinion that the value has not been correctly declared or the credit availed is not within the normal limits, he may, with the prior approval of the commissioner, direct such registered person by a communication in writing to get his records including books of account examined and audited by a chartered accountant or a cost accountant as may be nominated by the commissioner40(2) the chartered accountant or cost accountant so nominated shall, within the period of ninety days, submit a report of such audit duly signed and certified by him to the said assistant commissioner mentioning therein such other particulars as may be specified:provided that the assistant commissioner may, on an application made to him in this behalf by the registered person or the chartered accountant or cost accountant or for any material and sufficient reason, extend the said period by a further period of ninety days45(3) the provisions of sub-section (1) shall have effect notwithstanding that the accounts of the registered person have been audited under any other provisions of this act or any other law for the time being in force(4) the registered person shall be given an opportunity of being heard in respect of any material gathered on the basis of special audit under sub-section (1) which is proposed to be used in any proceedings against him under this act or the rules made thereunder5(5) the expenses of the examination and audit of records under sub-section (1), including the remuneration of such chartered accountant or cost accountant, shall be determined and paid by the commissioner and such determination shall be final(6) where the special audit conducted under sub-section (1) results in detection of tax not paid or short paid or erroneously refunded, or input tax credit wrongly availed or utilised, the proper officer may initiate action under section 73 or section 7410 chapter xiv inspection, search, seizure and arrest67 (1) where the proper officer, not below the rank of joint commissioner, has reasons to believe that––power ofinspection, search and seizure15(a) a taxable person has suppressed any transaction relating to supply of goods or services or both or the stock of goods in hand, or has claimed input tax credit in excess of his entitlement under this act or has indulged in contravention of any of the provisions of this act or the rules made thereunder to evade tax under this act; or20(b) any person engaged in the business of transporting goods or an owner or operator of a warehouse or a godown or any other place is keeping goods which have escaped payment of tax or has kept his accounts or goods in such a manner as is likely to cause evasion of tax payable under this act, he may authorise in writing any other officer of central tax to inspect any places of business of the taxable person or the persons engaged in the business of transporting goods or the owner or the operator of warehouse or godown or any other place25 30(2) where the proper officer, not below the rank of joint commissioner, either pursuant to an inspection carried out under sub-section (1) or otherwise, has reasons to believe that any goods liable to confiscation or any documents or books or things, which in his opinion shall be useful for or relevant to any proceedings under this act, are secreted in any place, he may authorise in writing any other officer of central tax to search and seize or may himself search and seize such goods, documents or books or things:provided that where it is not practicable to seize any such goods, the proper officer, or any officer authorized by him, may serve on the owner or the custodian of the goods an order that he shall not remove, part with, or otherwise deal with the goods except with the previous permission of such officer:35provided further that the documents or books or things so seized shall be retained by such officer only for so long as may be necessary for their examination and for any inquiry or proceedings under this act40(3) the documents, books or things referred to in sub-section (2) or any other documents, books or things produced by a taxable person or any other person, which have not been relied upon for the issue of notice under this act or the rules made thereunder, shall be returned to such person within a period not exceeding thirty days of the issue of the said notice45(4) the officer authorised under sub-section (2) shall have the power to seal or break open the door of any premises or to break open any almirah, electronic devices, box, receptacle in which any goods, accounts, registers or documents of the person are suspected to be concealed, where access to such premises, almirah, electronic devices, box or receptacle is denied(5) the person from whose custody any documents are seized under sub-section (2)shall be entitled to make copies thereof or take extracts therefrom in the presence of an authorised officer at such place and time as such officer may indicate in this behalf except where making such copies or taking such extracts may, in the opinion of the proper officer, prejudicially affect the investigation5(6) the goods so seized under sub-section (2) shall be released, on a provisionalbasis, upon execution of a bond and furnishing of a security, in such manner and of such quantum, respectively, as may be prescribed or on payment of applicable tax, interest and penalty payable, as the case may be(7) where any goods are seized under sub-section (2) and no notice in respect thereof is given within six months of the seizure of the goods, the goods shall be returned to the person from whose possession they were seized:10 provided that the period of six months may, on sufficient cause being shown, be extended by the proper officer for a further period not exceeding six months15(8) the government may, having regard to the perishable or hazardous nature of anygoods, depreciation in the value of the goods with the passage of time, constraints of storage space for the goods or any other relevant considerations, by notification, specify the goods or class of goods which shall, as soon as may be after its seizure under subsection (2), be disposed of by the proper officer in such manner as may be prescribed20(9) where any goods, being goods specified under sub-section (8), have been seized by a proper officer, or any officer authorised by him under sub-section (2), he shall prepare an inventory of such goods in such manner as may be prescribed2 of 1974(10) the provisions of the code of criminal procedure, 1973, relating to search andseizure, shall, so far as may be, apply to search and seizure under this section subject to the modification that sub-section (5) of section 165 of the said code shall have effect as if for theword "magistrate", wherever it occurs, the word "commissioner" were substituted25(11) where the proper officer has reasons to believe that any person has evaded or isattempting to evade the payment of any tax, he may, for reasons to be recorded in writing, seize the accounts, registers or documents of such person produced before him and shall grant a receipt for the same, and shall retain the same for so long as may be necessary in connection with any proceedings under this act or the rules made thereunder for prosecution30 35(12) the commissioner or an officer authorised by him may cause purchase of anygoods or services or both by any person authorised by him from the business premises ofany taxable person, to check the issue of tax invoices or bills of supply by such taxable person, and on return of goods so purchased by such officer, such taxable person or any person in charge of the business premises shall refund the amount so paid towards the goods after cancelling any tax invoice or bill of supply issued earlierinspection of goods in movement68 (1) the government may require the person in charge of a conveyance carrying any consignment of goods of value exceeding such amount as may be specified to carry with him such documents and such devices as may be prescribed40(2) the details of documents required to be carried under sub-section (1) shall be validated in such manner as may be prescribed45(3) where any conveyance referred to in sub-section (1) is intercepted by the proper officer at any place, he may require the person in charge of the said conveyance to produce the documents prescribed under the said sub-section and devices for verification, and the said person shall be liable to produce the documents and devices and also allow the inspection of goodspower to arrest69 (1) where the commissioner has reasons to believe that a person has committed any offence specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) of section 132 which is punishable under clause (i) or (ii) of sub-section (1), or sub-section (2) of the said section, he may, by order, authorise any officer of central tax to arrest such person5(2) where a person is arrested under sub-section (1) for an offence specified under subsection (5) of section 132, the officer authorised to arrest the person shall inform such person of the grounds of arrest and produce him before a magistrate within twenty four hours(3) subject to the provisions of the code of criminal procedure, 1973,––2 of 1974(a) where a person is arrested under sub-section (1) for any offence specifiedunder sub-section (4) of section 132, he shall be admitted to bail or in default of bail,forwarded to the custody of the magistrate;10(b) in the case of a non-cognizable and bailable offence, the deputy commissioneror the assistant commissioner shall, for the purpose of releasing an arrested person on bail or otherwise, have the same powers and be subject to the same provisions as an officer-in-charge of a police station155 of 190870 (1) the proper officer under this act shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry in the same manner, as provided in the case of a civil court under the provisions of the code of civil procedure, 1908power to summon persons to give evidence and produce documents45 of 1860(2) every such inquiry referred to in sub-section (1) shall be deemed to be a "judicialproceedings" within the meaning of section 193 and section 228 of the indian penal code20access to business premises2571 (1) any officer under this act, authorised by the proper officer not below the rankof joint commissioner, shall have access to any place of business of a registered person to inspect books of account, documents, computers, computer programs, computer software whether installed in a computer or otherwise and such other things as he may require and which may be available at such place, for the purposes of carrying out any audit, scrutiny, verification and checks as may be necessary to safeguard the interest of revenue(2) every person in charge of place referred to in sub-section (1) shall, on demand, make available to the officer authorised under sub-section (1) or the audit party deputed by the proper officer or a cost accountant or chartered accountant nominated under section 66—30(i) such records as prepared or maintained by the registered person and declared to the proper officer in such manner as may be prescribed;(ii) trial balance or its equivalent; (iii) statements of annual financial accounts, duly audited, wherever required;18 of 2013(iv) cost audit report, if any, under section 148 of the companies act, 2013;3543 of 1961(v) the income-tax audit report, if any, under section 44ab of the income-tax act, 1961; and(vi) any other relevant record,40for the scrutiny by the officer or audit party or the chartered accountant or cost accountant within a period not exceeding fifteen working days from the day when such demand is made, or such further period as may be allowed by the said officer or the audit party or the chartered accountant or cost accountantofficers to assist proper officers72 (1) all officers of police, railways, customs, and those officers engaged in the collection of land revenue, including village officers, officers of state tax and officers of union territory tax shall assist the proper officers in the implementation of this act45(2) the government may, by notification, empower and require any other class of officers to assist the proper officers in the implementation of this act when called upon to do so by the commissioner chapter xv demands and recovery51073 (1) where it appears to the proper officer that any tax has not been paid or shortpaid or erroneously refunded, or where input tax credit has been wrongly availed or utilised for any reason, other than the reason of fraud or any wilful-misstatement or suppression of facts to evade tax, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under section 50 and a penalty leviable under the provisions of this act or the rules made thereunder(2) the proper officer shall issue the notice under sub-section (1) at least three months prior to the time limit specified in sub-section (10) for issuance of orderdetermination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or anywilfulmisstatement or suppression of facts15(3) where a notice has been issued for any period under sub-section (1), the proper officer may serve a statement, containing the details of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for such periods other than those covered under sub-section (1), on the person chargeable with tax20(4) the service of such statement shall be deemed to be service of notice on such person under sub-section (1), subject to the condition that the grounds relied upon for such tax periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice25(5) the person chargeable with tax may, before service of notice under sub-section (1)or, as the case may be, the statement under sub-section (3), pay the amount of tax along with interest payable thereon under section 50 on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment30(6) the proper officer, on receipt of such information, shall not serve any notice under sub-section (1) or, as the case may be, the statement under sub-section (3), in respect of the tax so paid or any penalty payable under the provisions of this act or the rules made thereunder(7) where the proper officer is of the opinion that the amount paid under sub-section (5) falls short of the amount actually payable, he shall proceed to issue the notice as provided for in sub-section (1) in respect of such amount which falls short of the amount actually payable35(8) where any person chargeable with tax under sub-section (1) or sub-section (3)pays the said tax along with interest payable under section 50 within thirty days of issue of show cause notice, no penalty shall be payable and all proceedings in respect of the said notice shall be deemed to be concluded40(9) the proper officer shall, after considering the representation, if any, made by person chargeable with tax, determine the amount of tax, interest and a penalty equivalent to ten per cent of tax or ten thousand rupees, whichever is higher, due from such person and issue an order45(10) the proper officer shall issue the order under sub-section (9) within three years from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilised relates to or within three years from the date of erroneous refund(11) notwithstanding anything contained in sub-section (6) or sub-section (8), penalty under sub-section (9) shall be payable where any amount of self-assessed tax or any amount collected as tax has not been paid within a period of thirty days from the due date of payment of such tax50574 (1) where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilised by reason of fraud, or any wilful-misstatement or suppression of facts to evade tax, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under section 50 and a penalty equivalent to the tax specified in the notice10(2) the proper officer shall issue the notice under sub-section (1) at least six months prior to the time limit specified in sub-section (10) for issuance of orderdetermination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilfulmisstatement or suppression of facts(3) where a notice has been issued for any period under sub-section (1), the proper officer may serve a statement, containing the details of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for such periods other than those covered under sub-section (1), on the person chargeable with tax15(4) the service of statement under sub-section (3) shall be deemed to be service of notice under sub-section (1) of section 73, subject to the condition that the grounds relied upon in the said statement, except the ground of fraud, or any wilful-misstatement or suppression of facts to evade tax, for periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice20(5) the person chargeable with tax may, before service of notice under sub-section (1), pay the amount of tax along with interest payable under section 50 and a penalty equivalent to fifteen per cent of such tax on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment25(6) the proper officer, on receipt of such information, shall not serve any notice under sub-section (1), in respect of the tax so paid or any penalty payable under the provisions of this act or the rules made thereunder30(7) where the proper officer is of the opinion that the amount paid under sub-section (5) falls short of the amount actually payable, he shall proceed to issue the notice as provided for in sub-section (1) in respect of such amount which falls short of the amount actually payable35(8) where any person chargeable with tax under sub-section (1) pays the said tax along with interest payable under section 50 and a penalty equivalent to twenty-five per cent of such tax within thirty days of issue of the notice, all proceedings in respect of the said notice shall be deemed to be concluded(9) the proper officer shall, after considering the representation, if any, made by the person chargeable with tax, determine the amount of tax, interest and penalty due from such person and issue an order40(10) the proper officer shall issue the order under sub-section (9) within a period of five years from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilised relates to or within five years from the date of erroneous refund45(11) where any person served with an order issued under sub-section (9) pays the tax along with interest payable thereon under section 50 and a penalty equivalent to fifty per cent of such tax within thirty days of communication of the order, all proceedings in respect of the said notice shall be deemed to be concludedexplanation 1— for the purposes of section 73 and this section,—(i) the expression "all proceedings in respect of the said notice" shall not include proceedings under section 132;5(ii) where the notice under the same proceedings is issued to the mainperson liable to pay tax and some other persons, and such proceedings against the main person have been concluded under section 73 or section 74, the proceedings against all the persons liable to pay penalty under sections 122, 125, 129 and 130 are deemed to be concludedexplanation 2––for the purposes of this act, the expression "suppression"shall mean non-declaration of facts or information which a taxable person is required to declare in the return, statement, report or any other document furnished under this act or the rules made thereunder, or failure to furnish any information on being asked for, in writing, by the proper officer1075 (1) where the service of notice or issuance of order is stayed by an order of a court or appellate tribunal, the period of such stay shall be excluded in computing the period specified in sub-sections (2) and (10) of section 73 or sub-sections (2) and (10) of section 74, as the case may begeneral provisionsrelating todetermination of tax15 20(2) where any appellate authority or appellate tribunal or court concludes that thenotice issued under sub-section (1) of section 74 is not sustainable for the reason that thecharges of fraud or any wilful-misstatement or suppression of facts to evade tax has not been established against the person to whom the notice was issued, the proper officer shall determine the tax payable by such person, deeming as if the notice were issued under subsection (1) of section 73(3) where any order is required to be issued in pursuance of the direction of the appellate authority or appellate tribunal or a court, such order shall be issued within two years from the date of communication of the said direction25(4) an opportunity of hearing shall be granted where a request is received in writing from the person chargeable with tax or penalty, or where any adverse decision is contemplated against such person(5) the proper officer shall, if sufficient cause is shown by the person chargeable with tax, grant time to the said person and adjourn the hearing for reasons to be recorded in writing:30provided that no such adjournment shall be granted for more than three times to aperson during the proceedings(6) the proper officer, in his order, shall set out the relevant facts and the basis of his decision35(7) the amount of tax, interest and penalty demanded in the order shall not be in excessof the amount specified in the notice and no demand shall be confirmed on the grounds other than the grounds specified in the notice(8) where the appellate authority or appellate tribunal or court modifies the amount of tax determined by the proper officer, the amount of interest and penalty shall stand modified accordingly, taking into account the amount of tax so modified40(9) the interest on the tax short paid or not paid shall be payable whether or notspecified in the order determining the tax liability(10) the adjudication proceedings shall be deemed to be concluded, if the order is not issued within three years as provided for in sub-section (10) of section 73 or within five years as provided for in sub-section (10) of section 7445(11) an issue on which the appellate authority or the appellate tribunal or the highcourt has given its decision which is prejudicial to the interest of revenue in some other proceedings and an appeal to the appellate tribunal or the high court or the supreme court against such decision of the appellate authority or the appellate tribunal or the high court is pending, the period spent between the date of the decision of the appellate5authority and that of the appellate tribunal or the date of decision of the appellate tribunal and that of the high court or the date of the decision of the high court and that of the supreme court shall be excluded in computing the period referred to in sub-section (10) of section 73 or sub-section (10) of section 74 where proceedings are initiated by way of issue of a show cause notice under the said sections(12) notwithstanding anything contained in section 73 or section 74, where any amount of self-assessed tax in accordance with a return furnished under section 39 remains unpaid, either wholly or partly, or any amount of interest payable on such tax remains unpaid, the same shall be recovered under the provisions of section 7910(13) where any penalty is imposed under section 73 or section 74, no penalty for the same act or omission shall be imposed on the same person under any other provision of this acttax collected but not paid to government1576 (1) notwithstanding anything to the contrary contained in any order or direction of any appellate authority or appellate tribunal or court or in any other provisions of this act or the rules made thereunder or any other law for the time being in force, every person who has collected from any other person any amount as representing the tax under this act, and has not paid the said amount to the government, shall forthwith pay the said amount to the government, irrespective of whether the supplies in respect of which such amount was collected are taxable or not20 25(2) where any amount is required to be paid to the government under sub-section (1), and which has not been so paid, the proper officer may serve on the person liable to pay such amount a notice requiring him to show cause as to why the said amount as specified in the notice, should not be paid by him to the government and why a penalty equivalent to the amount specified in the notice should not be imposed on him under the provisions of this act(3) the proper officer shall, after considering the representation, if any, made by the person on whom the notice is served under sub-section (2), determine the amount due from such person and thereupon such person shall pay the amount so determined30(4) the person referred to in sub-section (1) shall in addition to paying the amount referred to in sub-section (1) or sub-section (3) also be liable to pay interest thereon at the rate specified under section 50 from the date such amount was collected by him to the date such amount is paid by him to the government(5) an opportunity of hearing shall be granted where a request is received in writing from the person to whom the notice was issued to show cause35(6) the proper officer shall issue an order within one year from the date of issue of the notice(7) where the issuance of order is stayed by an order of the court or appellate tribunal, the period of such stay shall be excluded in computing the period of one year40(8) the proper officer, in his order, shall set out the relevant facts and the basis of his decision(9) the amount paid to the government under sub-section (1) or sub-section (3) shall be adjusted against the tax payable, if any, by the person in relation to the supplies referred to in sub-section (1)45(10) where any surplus is left after the adjustment under sub-section (9), the amount of such surplus shall either be credited to the fund or refunded to the person who has borne the incidence of such amount(11) the person who has borne the incidence of the amount, may apply for the refund of the same in accordance with the provisions of section 5477 (1) a registered person who has paid the central tax and state tax or, as the case may be, the central tax and the union territory tax on a transaction considered by him to be an intra-state supply, but which is subsequently held to be an inter-state supply, shall be refunded the amount of taxes so paid in such manner and subject to such conditions as may be prescribed5tax wrongfully collected and paid to central government or state government(2) a registered person who has paid integrated tax on a transaction considered by himto be an inter-state supply, but which is subsequently held to be an intra-state supply, shall not be required to pay any interest on the amount of central tax and state tax or, as the case may be, the central tax and the union territory tax payable10initiation of recovery proceedings78 any amount payable by a taxable person in pursuance of an order passed underthis act shall be paid by such person within a period of three months from the date of service of such order failing which recovery proceedings shall be initiated:15provided that where the proper officer considers it expedient in the interest of revenue,he may, for reasons to be recorded in writing, require the said taxable person to make such payment within such period less than a period of three months as may be specified by himrecovery of tax79 (1) where any amount payable by a person to the government under any of the provisions of this act or the rules made thereunder is not paid, the proper officer shall proceed to recover the amount by one or more of the following modes, namely:––20(a) the proper officer may deduct or may require any other specified officer todeduct the amount so payable from any money owing to such person which may be under the control of the proper officer or such other specified officer;(b) the proper officer may recover or may require any other specified officer torecover the amount so payable by detaining and selling any goods belonging to such person which are under the control of the proper officer or such other specified officer;25 30(c) (i) the proper officer may, by a notice in writing, require any other person fromwhom money is due or may become due to such person or who holds or may subsequently hold money for or on account of such person, to pay to the government either forthwith upon the money becoming due or being held, or within the time specified in the notice not being before the money becomes due or is held, so much of the money as is sufficient to pay the amount due from such person or the whole of the money when it is equal to or less than that amount;35(ii) every person to whom the notice is issued under sub-clause (i) shallbe bound to comply with such notice, and in particular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document for the purpose of any entry, endorsement or the like being made before payment is made, notwithstanding any rule, practice or requirement to the contrary;40(iii) in case the person to whom a notice under sub-clause (i) has beenissued, fails to make the payment in pursuance thereof to the government, he shall be deemed to be a defaulter in respect of the amount specified in the notice and all the consequences of this act or the rules made thereunder shall follow;(iv) the officer issuing a notice under sub-clause (i) may, at any time,amend or revoke such notice or extend the time for making any payment in pursuance of the notice;45(v) any person making any payment in compliance with a notice issuedunder sub-clause (i) shall be deemed to have made the payment under the authority of the person in default and such payment being credited to thegovernment shall be deemed to constitute a good and sufficient discharge of the liability of such person to the person in default to the extent of the amount specified in the receipt;5(vi) any person discharging any liability to the person in default after service on him of the notice issued under sub-clause (i) shall be personally liable to the government to the extent of the liability discharged or to the extent of the liability of the person in default for tax, interest and penalty, whichever is less;10 15(vii) where a person on whom a notice is served under sub-clause (i)proves to the satisfaction of the officer issuing the notice that the money demanded or any part thereof was not due to the person in default or that he did not hold any money for or on account of the person in default, at the time the notice was served on him, nor is the money demanded or any part thereof, likely to become due to the said person or be held for or on account of such person, nothing contained in this section shall be deemed to require the person on whom the notice has been served to pay to the government any such money or part thereof;20(d) the proper officer may, in accordance with the rules to be made in this behalf, distrain any movable or immovable property belonging to or under the control of such person, and detain the same until the amount payable is paid; and in case, any part of the said amount payable or of the cost of the distress or keeping of the property, remains unpaid for a period of thirty days next after any such distress, may cause the said property to be sold and with the proceeds of such sale, may satisfy the amount payable and the costs including cost of sale remaining unpaid and shall render the surplus amount, if any, to such person;25 30(e) the proper officer may prepare a certificate signed by him specifying the amount due from such person and send it to the collector of the district in which such person owns any property or resides or carries on his business or to any officer authorised by the government and the said collector or the said officer, on receipt of such certificate, shall proceed to recover from such person the amount specified thereunder as if it were an arrear of land revenue;2 of 1974(f) notwithstanding anything contained in the code of criminal procedure, 1973, the proper officer may file an application to the appropriate magistrate and such magistrate shall proceed to recover from such person the amount specified thereunder as if it were a fine imposed by him35(2) where the terms of any bond or other instrument executed under this act or any rules or regulations made thereunder provide that any amount due under such instrument may be recovered in the manner laid down in sub-section (1), the amount may, without prejudice to any other mode of recovery, be recovered in accordance with the provisions of that sub-section40 45(3) where any amount of tax, interest or penalty is payable by a person to the government under any of the provisions of this act or the rules made thereunder and which remains unpaid, the proper officer of state tax or union territory tax, during the course of recovery of said tax arrears, may recover the amount from the said person as if it were an arrear of state tax or union territory tax and credit the amount so recovered to the account of the government(4) where the amount recovered under sub-section (3) is less than the amount due to the central government and state government, the amount to be credited to the account of the respective governments shall be in proportion to the amount due to each such governmentpayment of tax and other amount in instalments580 on an application filed by a taxable person, the commissioner may, for reasons tobe recorded in writing, extend the time for payment or allow payment of any amount due under this act, other than the amount due as per the liability self-assessed in any return, by such person in monthly instalments not exceeding twenty four, subject to payment of interest under section 50 and subject to such conditions and limitations as may be prescribed:provided that where there is default in payment of any one instalment on its due date,the whole outstanding balance payable on such date shall become due and payable forthwith and shall, without any further notice being served on the person, be liable for recovery10transfer of property to be void in certain cases81 where a person, after any amount has become due from him, creates a charge on orparts with the property belonging to him or in his possession by way of sale, mortgage, exchange, or any other mode of transfer whatsoever of any of his properties in favour of any other person with the intention of defrauding the government revenue, such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by the said person:15provided that, such charge or transfer shall not be void if it is made for adequateconsideration, in good faith and without notice of the pendency of such proceedings under this act or without notice of such tax or other sum payable by the said person, or with the previous permission of the proper officer2031 of 2016tax to be first charge on property82 notwithstanding anything to the contrary contained in any law for the time beingin force, save as otherwise provided in the insolvency and bankruptcy code, 2016, any amount payable by a taxable person or any other person on account of tax, interest or penalty which he is liable to pay to the government shall be a first charge on the property of such taxable person or such person25provisional attachment to protect revenue in certain cases83 (1) where during the pendency of any proceedings under section 62 or section 63or section 64 or section 67 or section 73 or section 74, the commissioner is of the opinion that for the purpose of protecting the interest of the government revenue, it is necessary so to do, he may, by order in writing attach provisionally any property, including bank account, belonging to the taxable person in such manner as may be prescribed30(2) every such provisional attachment shall cease to have effect after the expiry of a period of one year from the date of the order made under sub-section (1)84 where any notice of demand in respect of any tax, penalty, interest or any other amount payable under this act, (hereafter in this section referred to as "government dues"), is served upon any taxable person or any other person and any appeal or revision application is filed or any other proceedings is initiated in respect of such government dues, then––continuation and validation of certain recovery proceedings35 40(a) where such government dues are enhanced in such appeal, revision or otherproceedings, the commissioner shall serve upon the taxable person or any other person another notice of demand in respect of the amount by which such government dues are enhanced and any recovery proceedings in relation to such government dues as are covered by the notice of demand served upon him before the disposal of such appeal, revision or other proceedings may, without the service of any fresh notice of demand, be continued from the stage at which such proceedings stood immediately before such disposal;(b) where such government dues are reduced in such appeal, revision or in otherproceedings––45(i) it shall not be necessary for the commissioner to serve upon the taxableperson a fresh notice of demand;(ii) the commissioner shall give intimation of such reduction to him and tothe appropriate authority with whom recovery proceedings is pending;50(iii) any recovery proceedings initiated on the basis of the demand servedupon him prior to the disposal of such appeal, revision or other proceedings maybe continued in relation to the amount so reduced from the stage at which such proceedings stood immediately before such disposal chapter xvi liability to pay in certain cases5liability incase of transfer of business1085 (1) where a taxable person, liable to pay tax under this act, transfers his businessin whole or in part, by sale, gift, lease, leave and license, hire or in any other manner whatsoever, the taxable person and the person to whom the business is so transferred shall, jointly and severally, be liable wholly or to the extent of such transfer, to pay the tax, interest or any penalty due from the taxable person upto the time of such transfer, whether such tax, interest or penalty has been determined before such transfer, but has remained unpaid or is determined thereafter15(2) where the transferee of a business referred to in sub-section (1) carries on suchbusiness either in his own name or in some other name, he shall be liable to pay tax on the supply of goods or services or both effected by him with effect from the date of such transfer and shall, if he is a registered person under this act, apply within the prescribed time for amendment of his certificate of registrationliability of agent and principal86 where an agent supplies or receives any taxable goods on behalf of his principal,such agent and his principal shall, jointly and severally, be liable to pay the tax payable on such goods under this act20liability in case of amalgamation or merger of companies2587 (1) when two or more companies are amalgamated or merged in pursuance of anorder of court or of tribunal or otherwise and the order is to take effect from a date earlier to the date of the order and any two or more of such companies have supplied or received any goods or services or both to or from each other during the period commencing on the date from which the order takes effect till the date of the order, then such transactions of supply and receipt shall be included in the turnover of supply or receipt of the respective companies and they shall be liable to pay tax accordingly30(2) notwithstanding anything contained in the said order, for the purposes of this act,the said two or more companies shall be treated as distinct companies for the period up to the date of the said order and the registration certificates of the said companies shall be cancelled with effect from the date of the said orderliability incase ofcompany inliquidation88 (1) when any company is being wound up whether under the orders of a court ortribunal or otherwise, every person appointed as receiver of any assets of a company (hereafter in this section referred to as the "liquidator"), shall, within thirty days after his appointment, give intimation of his appointment to the commissioner35(2) the commissioner shall, after making such inquiry or calling for such informationas he may deem fit, notify the liquidator within three months from the date on which he receives intimation of the appointment of the liquidator, the amount which in the opinion of the commissioner would be sufficient to provide for any tax, interest or penalty which is then, or is likely thereafter to become, payable by the company40 45(3) when any private company is wound up and any tax, interest or penalty determinedunder this act on the company for any period, whether before or in the course of or after its liquidation, cannot be recovered, then every person who was a director of such company at any time during the period for which the tax was due shall, jointly and severally, be liable for the payment of such tax, interest or penalty, unless he proves to the satisfaction of the commissioner that such non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company18 of 2013liability of directors of private company5089 (1) notwithstanding anything contained in the companies act, 2013, where anytax, interest or penalty due from a private company in respect of any supply of goods or services or both for any period cannot be recovered, then, every person who was a director of the private company during such period shall, jointly and severally, be liable for thepayment of such tax, interest or penalty unless he proves that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company5(2) where a private company is converted into a public company and the tax, interestor penalty in respect of any supply of goods or services or both for any period during which such company was a private company cannot be recovered before such conversion, then, nothing contained in sub-section (1) shall apply to any person who was a director of suchprivate company in relation to any tax, interest or penalty in respect of such supply of goods or services or both of such private company:10provided that nothing contained in this sub-section shall apply to any personal penaltyimposed on such director90 notwithstanding any contract to the contrary and any other law for the time beingin force, where any firm is liable to pay any tax, interest or penalty under this act, the firm and each of the partners of the firm shall, jointly and severally, be liable for such payment:liability ofpartners of firm to pay tax15provided that where any partner retires from the firm, he or the firm, shall intimate thedate of retirement of the said partner to the commissioner by a notice in that behalf in writing and such partner shall be liable to pay tax, interest or penalty due up to the date of his retirement whether determined or not, on that date:20provided further that if no such intimation is given within one month from the date ofretirement, the liability of such partner under the first proviso shall continue until the date on which such intimation is received by the commissionerliability of guardians, trustees, etc2591 where the business in respect of which any tax, interest or penalty is payableunder this act is carried on by any guardian, trustee or agent of a minor or other incapacitated person on behalf of and for the benefit of such minor or other incapacitated person, the tax, interest or penalty shall be levied upon and recoverable from such guardian, trustee or agent in like manner and to the same extent as it would be determined and recoverable from any such minor or other incapacitated person, as if he were a major or capacitated person and as if he were conducting the business himself, and all the provisions of this act or the rules made thereunder shall apply accordingly30liability of court of wards, etc3592 where the estate or any portion of the estate of a taxable person owning a businessin respect of which any tax, interest or penalty is payable under this act is under the control of the court of wards, the administrator general, the official trustee or any receiver ormanager (including any person, whatever be his designation, who in fact manages the business) appointed by or under any order of a court, the tax, interest or penalty shall be levied upon and be recoverable from such court of wards, administrator general, official trustee, receiver or manager in like manner and to the same extent as it would be determined and be recoverable from the taxable person as if he were conducting the business himself, and all the provisions of this act or the rules made thereunder shall apply accordingly4093 (1) save as otherwise provided in the insolvency and bankruptcy code, 2016,where a person, liable to pay tax, interest or penalty under this act, dies, then––(a) if a business carried on by the person is continued after his death by his legalrepresentative or any other person, such legal representative or other person, shall be liable to pay tax, interest or penalty due from such person under this act; and31of 2016special provisions regarding liability to pay tax, interest or penalty in certain cases45(b) if the business carried on by the person is discontinued, whether before orafter his death, his legal representative shall be liable to pay, out of the estate of the deceased, to the extent to which the estate is capable of meeting the charge, the tax, interest or penalty due from such person under this act,whether such tax, interest or penalty has been determined before his death but has remained unpaid or is determined after his death31 of 20165(2) save as otherwise provided in the insolvency and bankruptcy code, 2016, where a taxable person, liable to pay tax, interest or penalty under this act, is a hindu undivided family or an association of persons and the property of the hindu undivided family or the association of persons is partitioned amongst the various members or groups of members, then, each member or group of members shall, jointly and severally, be liable to pay the tax, interest or penalty due from the taxable person under this act up to the time of the partition whether such tax, penalty or interest has been determined before partition but has remained unpaid or is determined after the partition31 of 201610(3) save as otherwise provided in the insolvency and bankruptcy code, 2016, where a taxable person, liable to pay tax, interest or penalty under this act, is a firm, and the firm is dissolved, then, every person who was a partner shall, jointly and severally, be liable to pay the tax, interest or penalty due from the firm under this act up to the time of dissolution whether such tax, interest or penalty has been determined before the dissolution, but has remained unpaid or is determined after dissolution1531 of 2016(4) save as otherwise provided in the insolvency and bankruptcy code, 2016, where a taxable person liable to pay tax, interest or penalty under this act,––(a) is the guardian of a ward on whose behalf the business is carried on by the guardian; or(b) is a trustee who carries on the business under a trust for a beneficiary,20then, if the guardianship or trust is terminated, the ward or the beneficiary shall be liable to pay the tax, interest or penalty due from the taxable person upto the time of the termination of the guardianship or trust, whether such tax, interest or penalty has been determined before the termination of guardianship or trust but has remained unpaid or is determined thereafter| 25           ||--------------|| other cases |94 (1) where a taxable person is a firm or an association of persons or a hindu undivided family and such firm, association or family has discontinued business––(a) the tax, interest or penalty payable under this act by such firm, association or family up to the date of such discontinuance may be determined as if no such discontinuance had taken place; and30 35(b) every person who, at the time of such discontinuance, was a partner of such firm, or a member of such association or family, shall, notwithstanding such discontinuance, jointly and severally, be liable for the payment of tax and interest determined and penalty imposed and payable by such firm, association or family, whether such tax and interest has been determined or penalty imposed prior to or after such discontinuance and subject as aforesaid, the provisions of this act shall, so far as may be, apply as if every such person or partner or member were himself a taxable person40(2) where a change has occurred in the constitution of a firm or an association of persons, the partners of the firm or members of association, as it existed before and as it exists after the reconstitution, shall, without prejudice to the provisions of section 90, jointly and severally, be liable to pay tax, interest or penalty due from such firm or association for any period before its reconstitution45(3) the provisions of sub-section (1) shall, so far as may be, apply where the taxable person, being a firm or association of persons is dissolved or where the taxable person, being a hindu undivided family, has effected partition with respect to the business carried on by it and accordingly references in that sub-section to discontinuance shall be construed as reference to dissolution or to partitionexplanation––for the purposes of this chapter,––6 of 2009(i) a "limited liability partnership" formed and registered under the provisions of the limited liability partnership act, 2008 shall also be considered as a firm;(ii) "court" means the district court, high court or supreme court 5 chapter xvii advance rulingdefinitions 95 in this chapter, unless the context otherwise requires,––10(a) "advance ruling" means a decision provided by the authority or the appellate authority to an applicant on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) of section 100, in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant;(c) "applicant" means any person registered or desirous of obtaining registration under this act;15(d) "application" means an application made to the authority under sub-section(1) of section 97;(e) "authority" means the authority for advance ruling referred to in section 96 ;(b) "appellate authority" means the appellate authority for advance ruling referred to in section 9920authority for advance ruling96 subject to the provisions of this chapter, for the purposes of this act, the authority for advance ruling constituted under the provisions of a state goods and services tax act or union territory goods and services tax act shall be deemed to be the authority for advance ruling in respect of that state or union territory25application for advance ruling97 (1) an applicant desirous of obtaining an advance ruling under this chapter may make an application in such form and manner and accompanied by such fee as may be prescribed, stating the question on which the advance ruling is sought(2) the question on which the advance ruling is sought under this act, shall be in respect of,––(a) classification of any goods or services or both;30(b) applicability of a notification issued under the provisions of this act; (c) determination of time and value of supply of goods or services or both;(d) admissibility of input tax credit of tax paid or deemed to have been paid; (e) determination of the liability to pay tax on any goods or services or both; (f) whether applicant is required to be registered;35(g) whether any particular thing done by the applicant with respect to any goodsor services or both amounts to or results in a supply of goods or services or both, within the meaning of that termprocedure on receipt of application4098 (1) on receipt of an application, the authority shall cause a copy thereof to be forwarded to the concerned officer and, if necessary, call upon him to furnish the relevant records:provided that where any records have been called for by the authority in any case, such records shall, as soon as possible, be returned to the said concerned officer(2) the authority may, after examining the application and the records called for and after hearing the applicant or his authorised representative and the concerned officer or his authorised representative, by order, either admit or reject the application:45provided that the authority shall not admit the application where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this act:5provided further that no application shall be rejected under this sub-section unless anopportunity of hearing has been given to the applicant:provided also that where the application is rejected, the reasons for such rejection shall be specified in the order(3) a copy of every order made under sub-section (2) shall be sent to the applicant andto the concerned officer10(4) where an application is admitted under sub-section (2), the authority shall, after examining such further material as may be placed before it by the applicant or obtained by the authority and after providing an opportunity of being heard to the applicant or his authorised representative as well as to the concerned officer or his authorised representative, pronounce its advance ruling on the question specified in the application15(5) where the members of the authority differ on any question on which the advanceruling is sought, they shall state the point or points on which they differ and make a reference to the appellate authority for hearing and decision on such question(6) the authority shall pronounce its advance ruling in writing within ninety days from the date of receipt of application20(7) a copy of the advance ruling pronounced by the authority duly signed by themembers and certified in such manner as may be prescribed shall be sent to the applicant, the concerned officer and the jurisdictional officer after such pronouncement25appellate authority for advance ruling99 subject to the provisions of this chapter, for the purposes of this act, the appellateauthority for advance ruling constituted under the provisions of a state goods and services tax act or a union territory goods and services tax act shall be deemed to be the appellate authority in respect of that state or union territoryappeal to appellate authority100 (1) the concerned officer, the jurisdictional officer or an applicant aggrieved byany advance ruling pronounced under sub-section (4) of section 98, may appeal to theappellate authority30(2) every appeal under this section shall be filed within a period of thirty days from thedate on which the ruling sought to be appealed against is communicated to the concerned officer, the jurisdictional officer and the applicant:35provided that the appellate authority may, if it is satisfied that the appellant wasprevented by a sufficient cause from presenting the appeal within the said period of thirty days, allow it to be presented within a further period not exceeding thirty days(3) every appeal under this section shall be in such form, accompanied by such fee and verified in such manner as may be prescribedorders of appellate authority40101 (1) the appellate authority may, after giving the parties to the appeal or referencean opportunity of being heard, pass such order as it thinks fit, confirming or modifying the ruling appealed against or referred to(2) the order referred to in sub-section (1) shall be passed within a period of ninety days from the date of filing of the appeal under section 100 or a reference under sub-section (5) of section 9845(3) where the members of the appellate authority differ on any point or points referred to in appeal or reference, it shall be deemed that no advance ruling can be issued in respect of the question under the appeal or reference(4) a copy of the advance ruling pronounced by the appellate authority duly signed by the members and certified in such manner as may be prescribed shall be sent to the applicant, the concerned officer, the jurisdictional officer and to the authority after such pronouncementrectification of advance ruling5102 the authority or the appellate authority may amend any order passed by itunder section 98 or section 101, so as to rectify any error apparent on the face of the record, if such error is noticed by the authority or the appellate authority on its own accord, or is brought to its notice by the concerned officer, the jurisdictional officer, the applicant or the appellant within a period of six months from the date of the order:10provided that no rectification which has the effect of enhancing the tax liability orreducing the amount of admissible input tax credit shall be made unless the applicant or the appellant has been given an opportunity of being heard103 (1) the advance ruling pronounced by the authority or the appellate authorityunder this chapter shall be binding only—applicabilityof advanceruling(a) on the applicant who had sought it  in respect of any matter referred to insub-section (2) of section 97 for advance ruling;15(b) on the concerned officer or the jurisdictional officer in respect of the applicant(2) the advance ruling referred to in sub-section (1) shall be binding unless the law, facts or circumstances supporting the original advance ruling have changed20advance ruling to be void in certain circumstances104 (1) where the authority or the appellate authority finds that advance ruling pronounced by it under sub-section (4) of section 98 or under sub-section (1) of section 101 has been obtained by the applicant or the appellant by fraud or suppression of material facts or misrepresentation of facts, it may, by order, declare such ruling to be void ab-initio and thereupon all the provisions of this act or the rules made thereunder shall apply to the applicant or the appellant as if such advance ruling had never been made:25provided that no order shall be passed under this sub-section unless an opportunityof being heard has been given to the applicant or the appellantexplanation––the period beginning with the date of such advance ruling and ending with the date of order under this sub-section shall be excluded while computing the period specified in sub-sections (2) and (10) of section 73 or sub-sections (2) and (10) of section 7430(2) a copy of the order made under sub-section (1) shall be sent to the applicant, theconcerned officer and the jurisdictional officer105 (1) the authority or the appellate authority shall, for the purpose of exercisingits powers regarding—powers of authority and appellate authority(a) discovery and inspection;35(b) enforcing the attendance of any person and examining him on oath; (c) issuing commissions and compelling production of books of accountand other records,5 of 1908have all the powers of a civil court under the code of civil procedure, 1908402 of 1974 45 of 1860(2) the authority or the appellate authority shall be deemed to be a civil court for thepurposes of section 195, but not for the purposes of chapter xxvi of the code of criminal procedure, 1973, and every proceeding before the authority or the appellate authority shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code45106 the authority or the appellate authority shall, subject to the provisions of thischapter, have power to regulate its own procedureprocedure of authority and appellate authority chapter xviii appeals and revisionappeals to appellate authority5107 (1) any person aggrieved by any decision or order passed under this act or thestate goods and services tax act or the union territory goods and services tax act by an adjudicating authority may appeal to such appellate authority as may be prescribed within three months from the date on which the said decision or order is communicated to such person10 15(2) the commissioner may, on his own motion, or upon request from the commissioner of state tax or the commissioner of union territory tax, call for and examine the record of any proceedings in which an adjudicating authority has passed any decision or order under this act or the state goods and services tax act or the union territory goods and services tax act, for the purpose of satisfying himself as to the legality or propriety of the said decision or order and may, by order, direct any officer subordinate to him to apply to the appellate authority within six months from the date of communication of the said decision or order for the determination of such points arising out of the said decision or order as may be specified by the commissioner in his order20(3) where, in pursuance of an order under sub-section (2), the authorised officer makes an application to the appellate authority, such application shall be dealt with by the appellate authority as if it were an appeal made against the decision or order of the adjudicating authority and such authorised officer were an appellant and the provisions of this act relating to appeals shall apply to such application(4) the appellate authority may, if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of three months or six months, as the case may be, allow it to be presented within a further period of one month25(5) every appeal under this section shall be in such form and shall be verified in such manner as may be prescribed(6) no appeal shall be filed under sub-section (1), unless the appellant has paid—(a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him; and30(b) a sum equal to ten per cent of the remaining amount of tax in dispute arising from the said order, in relation to which the appeal has been filed (7) where the appellant has paid the amount under sub-section (6), the recovery proceedings for the balance amount shall be deemed to be stayed(8) the appellate authority shall give an opportunity to the appellant of being heard35(9) the appellate authority may, if sufficient cause is shown at any stage of hearing of an appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing:provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal40(10) the appellate authority may, at the time of hearing of an appeal, allow an appellant to add any ground of appeal not specified in the grounds of appeal, if it is satisfied that the omission of that ground from the grounds of appeal was not wilful or unreasonable45(11) the appellate authority shall, after making such further inquiry as may be necessary, pass such order, as it thinks just and proper, confirming, modifying or annulling the decision or order appealed against but shall not refer the case back to the adjudicating authority that passed the said decision or order:provided that an order enhancing any fee or penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the amount of refund or input tax credit shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order:510provided further that where the appellate authority is of the opinion that any tax hasnot been paid or short-paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised, no order requiring the appellant to pay such tax or input tax credit shall be passed unless the appellant is given notice to show cause against the proposed order and the order is passed within the time limit specified under section 73 or section 74(12) the order of the appellate authority disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for such decision(13) the appellate authority shall, where it is possible to do so, hear and decide every appeal within a period of one year from the date on which it is filed:15provided that where the issuance of order is stayed by an order of a court or tribunal, the period of such stay shall be excluded in computing the period of one year(14) on disposal of the appeal, the appellate authority shall communicate the order passed by it to the appellant, respondent and to the adjudicating authority20(15) a copy of the order passed by the appellate authority shall also be sent to thejurisdictional commissioner or the authority designated by him in this behalf and the jurisdictional commissioner of state tax or commissioner of union territory tax or an authority designated by him in this behalf25(16) every order passed under this section shall, subject to the provisions ofsection 108 or section 113 or section 117 or section 118 be final and binding on the partiespowers of revisional authority30 35108 (1) subject to the provisions of section 121 and any rules made thereunder, the revisional authority may, on his own motion, or upon information received by him or on request from the commissioner of state tax, or the commissioner of union territory tax, call for and examine the record of any proceedings, and if he considers that any decision or order passed under this act or under the state goods and services tax act or the union territory goods and services tax act by any officer subordinate to him is erroneous in so far as it is prejudicial to the interest of revenue and is illegal or improper or has not taken into account certain material facts, whether available at the time of issuance of the said order or not or in consequence of an observation by the comptroller and auditor general of india, he may, if necessary, stay the operation of such decision or order for such period as he deems fit and after giving the person concerned an opportunity of being heard and after making such further inquiry as may be necessary, pass such order, as he thinks just and proper, including enhancing or modifying or annulling the said decision or order(2) the revisional authority shall not exercise any power under sub-section (1), if—40(a) the order has been subject to an appeal under section 107 or section 112 orsection 117 or section 118; or(b) the period specified under sub-section (2) of section 107 has not yet expiredor more than three years have expired after the passing of the decision or order sought to be revised; or45(c) the order has already been taken for revision under this section at an earlierstage; or(d) the order has been passed in exercise of the powers under sub-section (1):5provided that the revisional authority may pass an order under sub-section (1) on any point which has not been raised and decided in an appeal referred to in clause (a) of subsection (2), before the expiry of a period of one year from the date of the order in such appeal or before the expiry of a period of three years referred to in clause (b) of that sub-section, whichever is later(3) every order passed in revision under sub-section (1) shall, subject to the provisions of section 113 or section 117 or section 118, be final and binding on the parties10 15(4) if the said decision or order involves an issue on which the appellate tribunal or the high court has given its decision in some other proceedings and an appeal to the high court or the supreme court against such decision of the appellate tribunal or the high court is pending, the period spent between the date of the decision of the appellate tribunal and the date of the decision of the high court or the date of the decision of the high court and the date of the decision of the supreme court shall be excluded in computing the period of limitation referred to in clause (b) of sub-section (2) where proceedings for revision have been initiated by way of issue of a notice under this section(5) where the issuance of an order under sub-section (1) is stayed by the order of a court or appellate tribunal, the period of such stay shall be excluded in computing the period of limitation referred to in clause (b) of sub-section (2)(6) for the purposes of this section, the term,––20(i) "record" shall include all records relating to any proceedings under this act available at the time of examination by the revisional authority; (ii) "decision" shall include intimation given by any officer lower in rank than the revisional authority25109 (1) the government shall, on the recommendations of the council, by notification, constitute with effect from such date as may be specified therein, an appellate tribunal known as the goods and services tax appellate tribunal for hearing appeals against the orders passed by the appellate authority or the revisional authorityconstitution of appellate tribunal and benches thereof30(2) the powers of the appellate tribunal shall be exercisable by the national bench and benches thereof (hereinafter in this chapter referred to as "regional benches"), state bench and benches thereof (hereafter in this chapter referred to as "area benches")(3) the national bench of the appellate tribunal shall be situated at new delhi which shall be presided over by the president and shall consist of one technical member (centre) and one technical member (state)35(4) the government shall, on the recommendations of the council, by notification, constitute such number of regional benches as may be required and such regional benches shall consist of a judicial member, one technical member (centre) and one technical member (state)40(5) the national bench or regional benches of the appellate tribunal shall have jurisdiction to hear appeals against the orders passed by the appellate authority or the revisional authority in the cases where one of the issues involved relates to the place of supply(6) the government shall, by notification, specify for each state or union territory, a bench of the appellate tribunal (hereafter in this chapter, referred to as "state bench") for exercising the powers of the appellate tribunal within the concerned state or union territory:45provided that the government shall, on receipt of a request from any state government, constitute such number of area benches in that state, as may be recommended by the council:provided further that the government may, on receipt of a request from any state, or on its own motion for a union territory, notify the appellate tribunal in a state to act as the appellate tribunal for any other state or union territory, as may be recommended by the council, subject to such terms and conditions as may be prescribed5(7) the state bench or area benches shall have jurisdiction to hear appeals againstthe orders passed by the appellate authority or the revisional authority in the cases involving matters other than those referred to in sub-section (5)(8) the president and the state president shall, by general or special order, distribute the business or transfer cases among regional benches or, as the case may be, area benches in a state10(9) each state bench and area benches of the appellate tribunal shall consist of a judicial member, one technical member (centre) and one technical member (state) and the state government may designate the senior most judicial member in a state as the state president15(10) in the absence of a member in any bench due to vacancy or otherwise, any appealmay, with the approval of the president or, as the case may be, the state president, be heard by a bench of two members:20provided that any appeal where the tax or input tax credit involved or the difference intax or input tax credit involved or the amount of fine, fee or penalty determined in any order appealed against, does not exceed five lakh rupees and which does not involve any question of law may, with the approval of the president and subject to such conditions as may be prescribed on the recommendations of the council, be heard by a bench consisting of a single member25 30(11) if the members of the national bench, regional benches, state bench or areabenches differ in opinion on any point or points, it shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and the case shall be referred by the president or as the case may be, state president for hearing on such point or points to one or more of the other members of the national bench, regional benches, state bench or area benches and such point or points shall be decided according to the opinion of the majority of members who have heard the case, including those who first heard it(12) the government, in consultation with the president may, for the administrativeconvenience, transfer—35(a) any judicial member or a member technical (state) from one bench to another bench, whether national or regional; or(b) any member technical (centre) from one bench to another bench, whether national, regional, state or area (13) the state government, in consultation with the state president may, for the administrative convenience, transfer a judicial member or a member technical (state) from one bench to another bench within the state40(14) no act or proceedings of the appellate tribunal shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the appellate tribunal110 (1) a person shall not be qualified for appointment as—45(a) the president, unless he has been a judge of the supreme court or is or hasbeen the chief justice of a high court, or is or has been a judge of a high court for a period not less than five years;(b) a judicial member, unless he—(i) has been a judge of the high court; orpresident and members of appellate tribunal, their qualification, appointment, conditions of service, etc50(ii) is or has been a district judge qualified to be appointed as a judge of a high court; or(iii) is or has been a member of indian legal service and has held a post not less than additional secretary for three years;5(c) a technical member (centre) unless he is or has been a member of indian revenue (customs and central excise) service, group a, and has completed at least fifteen years of service in group a;10(d) a technical member (state) unless he is or has been an officer of the state government not below the rank of additional commissioner of value added tax or the state goods and services tax or such rank as may be notified by the concerned state government on the recommendations of the council with at least three years of experience in the administration of an existing law or the state goods and services tax act or in the field of finance and taxation(2) the president and the judicial members of the national bench and the regional benches shall be appointed by the government after consultation with the chief justice of india or his nominee:15provided that in the event of the occurrence of any vacancy in the office of the president by reason of his death, resignation or otherwise, the senior most member of the national bench shall act as the president until the date on which a new president, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office:20provided further that where the president is unable to discharge his functions owing to absence, illness or any other cause, the senior most member of the national bench shall discharge the functions of the president until the date on which the president resumes his duties(3) the technical member (centre) and technical member (state) of the national bench and regional benches shall be appointed by the government on the recommendations of a selection committee consisting of such persons and in such manner as may be prescribed25(4) the judicial member of the state bench or area benches shall be appointed by the state government after consultation with the chief justice of the high court of the state or his nominee30(5) the technical member (centre) of the state bench or area benches shall be appointed by the central government and technical member (state) of the state bench or area benches shall be appointed by the state government in such manner as may be prescribed(6) no appointment of the members of the appellate tribunal shall be invalid merely by the reason of any vacancy or defect in the constitution of the selection committee35(7) before appointing any person as the president or members of the appellate tribunal, the central government or, as the case may be, the state government, shall satisfy itself that such person does not have any financial or other interests which are likely to prejudicially affect his functions as such president or member40(8) the salary, allowances and other terms and conditions of service of the president, state president and the members of the appellate tribunal shall be such as may be prescribed:provided that neither salary and allowances nor other terms and conditions of service of the president, state president or members of the appellate tribunal shall be varied to their disadvantage after their appointment45(9) the president of the appellate tribunal shall hold office for a term of three years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier and shall be eligible for reappointment(10) the judicial member of the appellate tribunal and the state president shall hold office for a term of three years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier and shall be eligible for reappointment5(11) the technical member (centre) or technical member (state) of the appellatetribunal shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier and shall be eligible for reappointment10(12) the president, state president or any member may, by notice in writing under his hand addressed to the central government or, as the case may be, the state government resign from his office:15provided that the president, state president or member shall continue to hold office until the expiry of three months from the date of receipt of such notice by the central government, or, as the case may be, the state government or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest20(13) the central government may, after consultation with the chief justice of india, in case of the president, judicial members and technical members of the national bench, regional benches or technical members (centre) of the state bench or area benches, and the state government may, after consultation with the chief justice of high court, in case of the state president, judicial members, technical members (state) of the state bench or area benches, may remove from the office such president or member, who—(a) has been adjudged an insolvent; or25(b) has been convicted of an offence which, in the opinion of suchgovernment involves moral turpitude; or(c) has become physically or mentally incapable of acting as such president,state president or member; or(d) has acquired such financial or other interest as is likely to affectprejudicially his functions as such president, state president or member; or30(e) has so abused his position as to render his continuance in officeprejudicial to the public interest: provided that the president, state president or the member shall not be removed on any of the grounds specified in clauses (d) and (e), unless he has been informed of the charges against him and has been given an opportunity of being heard (14) without prejudice to the provisions of sub-section (13),––3540(a) the president or a judicial and technical member of the national bench orregional benches, technical member (centre) of the state bench or area benches shall not be removed from their office except by an order made by the central government on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the supreme court nominated by the chief justice of india on a reference made to him by the central government and of which the president or the said member had been given an opportunity of being heard;45(b) the judicial member or technical member (state) of the state bench or areabenches shall not be removed from their office except by an order made by the state government on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the concerned high court nominated by the chief justice of the concerned high court on a reference made to him by the state government and of which the said member had been given an opportunity of being heard(15) the central government, with the concurrence of the chief justice of india, may suspend from office, the president or a judicial or technical members of the national bench50or the regional benches or the technical member (centre) of the state bench or area benches in respect of whom a reference has been made to the judge of the supreme court under sub-section (14)5(16) the state government, with the concurrence of the chief justice of the high court, may suspend from office, a judicial member or technical member (state) of the state bench or area benches in respect of whom a reference has been made to the judge of the high court under sub-section (14)10(17) subject to the provisions of article 220 of the constitution, the president, state president or other members, on ceasing to hold their office, shall not be eligible to appear, act or plead before the national bench and the regional benches or the state bench and the area benches thereof where he was the president or, as the case may be, a member5 of 1908procedurebefore appellate tribunal15111 (1) the appellate tribunal shall not, while disposing of any proceedings before it or an appeal before it, be bound by the procedure laid down in the code of civil procedure, 1908, but shall be guided by the principles of natural justice and subject to the other provisions of this act and the rules made thereunder, the appellate tribunal shall have power to regulate its own procedure5 of 1908(2) the appellate tribunal shall, for the purposes of discharging its functions under this act, have the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit in respect of the following matters, namely:—20(a) summoning and enforcing the attendance of any person and examining himon oath;(b) requiring the discovery and production of documents; (c) receiving evidence on affidavits;1 of 187225(d) subject to the provisions of sections 123 and 124 of the indian evidenceact, 1872, requisitioning any public record or document or a copy of such record or document from any office;(e) issuing commissions for the examination of witnesses or documents; (f) dismissing a representation for default or deciding it ex parte;30(g) setting aside any order of dismissal of any representation for default or anyorder passed by it ex parte; and(h) any other matter which may be prescribed35(3) any order made by the appellate tribunal may be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the appellate tribunal to send for execution of its orders to the court within the local limits of whose jurisdiction,—(a) in the case of an order against a company, the registered office of the company is situated; or(b) in the case of an order against any other person, the person concerned voluntarily resides or carries on business or personally works for gain40(4) all proceedings before the appellate tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code, and the appellate tribunal shall be deemed to be civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 197345112 (1) any person aggrieved by an order passed against him under section 107 or section 108 of this act or the state goods and services tax act or the union territory appeals to appellate tribunalgoods and services tax act may appeal to the appellate tribunal against such order within three months from the date on which the order sought to be appealed against is communicated to the person preferring the appeal5(2) the appellate tribunal may, in its discretion, refuse to admit any such appealwhere the tax or input tax credit involved or the difference in tax or input tax credit involved or the amount of fine, fee or penalty determined by such order, does not exceed fifty thousand rupees10 15(3) the commissioner may, on his own motion, or upon request from the commissionerof state tax or commissioner of union territory tax, call for and examine the record of any order passed by the appellate authority or the revisional authority under this act or the state goods and services tax act or the union territory goods and services tax act for the purpose of satisfying himself as to the legality or propriety of the said order and may, by order, direct any officer subordinate to him to apply to the appellate tribunal within six months from the date on which the said order has been passed for determination of such points arising out of the said order as may be specified by the commissioner in his order(4) where in pursuance of an order under sub-section (3) the authorised officer makes an application to the appellate tribunal, such application shall be dealt with by the appellate tribunal as if it were an appeal made against the order under sub-section (11) of section 107or under sub-section (1) of section 108 and the provisions of this act shall apply to such application, as they apply in relation to appeals filed under sub-section (1)20 25(5) on receipt of notice that an appeal has been preferred under this section, the party against whom the appeal has been preferred may, notwithstanding that he may not have appealed against such order or any part thereof, file, within forty-five days of the receipt of notice, a memorandum of cross-objections, verified in the prescribed manner, against any part of the order appealed against and such memorandum shall be disposed of by the appellate tribunal, as if it were an appeal presented within the time specified in sub-section (1)30(6) the appellate tribunal may admit an appeal within three months after the expiry of the period referred to in sub-section (1), or permit the filing of a memorandum of cross-objections within forty-five days after the expiry of the period referred to in sub-section (5) if it is satisfied that there was sufficient cause for not presenting it within that period(7) an appeal to the appellate tribunal shall be in such form, verified in such manner and shall be accompanied by such fee, as may be prescribed35(8) no appeal shall be filed under sub-section (1), unless the appellant has paid––(a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him, and(b) a sum equal to twenty per cent of the remaining amount of tax in dispute, in addition to the amount paid under sub-section (6) of section 107, arising from the said order, in relation to which the appeal has been filed40(9) where the appellant has paid the amount as per sub-section (8), the recovery proceedings for the balance amount shall be deemed to be stayed till the disposal of the appeal(10) every application made before the appellate tribunal,—45(a) in an appeal for rectification of error or for any other purpose; or (b) for restoration of an appeal or an application,shall be accompanied by such fees as may be prescribedorders of appellate tribunal5113 (1) the appellate tribunal may, after giving the parties to the appealan opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the decision or order appealed against or may refer the case back to the appellateauthority, or the revisional authority or to the original adjudicating authority, with such directions as it may think fit, for a fresh adjudication or decision after taking additional evidence, if necessary(2) the appellate tribunal may, if sufficient cause is shown, at any stage of hearing ofan appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing:10provided that no such adjournment shall be granted more than three times to a partyduring hearing of the appeal15(3) the appellate tribunal may amend any order passed by it under sub-section (1) so as to rectify any error apparent on the face of the record, if such error is noticed by it on its own accord, or is brought to its notice by the commissioner or the commissioner of state tax or the commissioner of the union territory tax or the other party to the appeal within a period of three months from the date of the order:20provided that no amendment which has the effect of enhancing an assessment or reducing a refund or input tax credit or otherwise increasing the liability of the other party, shall be made under this sub-section, unless the party has been given an opportunity of being heard(4) the appellate tribunal shall, as far as possible, hear and decide every appeal within a period of one year from the date on which it is filed25(5) the appellate tribunal shall send a copy of every order passed under this section to the appellate authority or the revisional authority, or the original adjudicating authority, as the case may be, the appellant and the jurisdictional commissioner or the commissioner of state tax or the union territory tax(6) save as provided in section 117 or section 118, orders passed by the appellate tribunal on an appeal shall be final and binding on the parties30114 the president shall exercise such financial and administrative powers over thenational bench and regional benches of the appellate tribunal as may be prescribed:financial and administrative powers of president35provided that the president shall have the authority to delegate such of his financial and administrative powers as he may think fit to any other member or any officer of the national bench and regional benches, subject to the condition that such member or officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the presidentinterest on refund of amount paid for admission of appeal40115 where an amount paid by the appellant under sub-section (6) of section 107 or sub-section (8) of section 112 is required to be refunded consequent to any order of the appellate authority or of the appellate tribunal, interest at the rate specified under section 56 shall be payable in respect of such refund from the date of payment of the amount till the date of refund of such amountappearance by authorised representative45116 (1) any person who is entitled or required to appear before an officer appointed under this act, or the appellate authority or the appellate tribunal in connection with any proceedings under this act, may, otherwise than when required under this act to appear personally for examination on oath or affirmation, subject to the other provisions of this section, appear by an authorised representative(2) for the purposes of this act, the expression "authorised representative" shall mean a person authorised by the person referred to in sub-section (1) to appear on his behalf, being—(a) his relative or regular employee; or(b) an advocate who is entitled to practice in any court in india, and who has not been debarred from practicing before any court in india; or(c) any chartered accountant, a cost accountant or a company secretary, who holds a certificate of practice and who has not been debarred from practice; or5(d) a retired officer of the commercial tax department of any state governmentor union territory or of the board who, during his service under the government, had worked in a post not below the rank than that of a group-b gazetted officer for a period of not less than two years:10provided that such officer shall not be entitled to appear before any proceedingsunder this act for a period of one year from the date of his retirement or resignation; or(e) any person who has been authorised to act as a goods and services tax practitioner on behalf of the concerned registered person (3) no person,—(a) who has been dismissed or removed from government service; or15(b) who is convicted of an offence connected with any proceedings under thisact, the state goods and services tax act, the integrated goods and services tax act or the union territory goods and services tax act, or under the existing law or under any of the acts passed by a state legislature dealing with the imposition of taxes on sale of goods or supply of goods or services or both; or20(c) who is found guilty of misconduct by the prescribed authority;(d) who has been adjudged as an insolvent, shall be qualified to represent any person under sub-section (1)—(i) for all times in case of persons referred to in clauses (a), (b) and (c); and25(ii) for the period during which the insolvency continues in the case of a personreferred to in clause (d)(4) any person who has been disqualified under the provisions of the state goods and services tax act or the union territory goods and services tax act shall be deemed to be disqualified under this actappeal to high court30117 (1) any person aggrieved by any order passed by the state bench or area benches of the appellate tribunal may file an appeal to the high court and the high court may admit such appeal, if it is satisfied that the case involves a substantial question of law(2) an appeal under sub-section (1) shall be filed within a period of one hundred and eighty days from the date on which the order appealed against is received by the aggrieved person and it shall be in such form, verified in such manner as may be prescribed:35provided that the high court may entertain an appeal after the expiry of the said period if it is satisfied that there was sufficient cause for not filing it within such period(3) where the high court is satisfied that a substantial question of law is involved in any case, it shall formulate that question and the appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:40provided that nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question45(4) the high court shall decide the question of law so formulated and deliver such judgment thereon containing the grounds on which such decision is founded and may award such cost as it deems fit(5) the high court may determine any issue which––(a) has not been determined by the state bench or area benches; or (b) has been wrongly determined by the state bench or area benches, by reason of a decision on such question of law as herein referred to in sub-section (3)5(6) where an appeal has been filed before the high court, it shall be heard by a bench of not less than two judges of the high court, and shall be decided in accordance with the opinion of such judges or of the majority, if any, of such judges10(7) where there is no such majority, the judges shall state the point of law upon which they differ and the case shall, then, be heard upon that point only, by one or more of the other judges of the high court and such point shall be decided according to the opinion of the majority of the judges who have heard the case including those who first heard it(8) where the high court delivers a judgment in an appeal filed before it under this section, effect shall be given to such judgment by either side on the basis of a certified copy of the judgment155 of 1908(9) save as otherwise provided in this act, the provisions of the code of civil procedure,1908, relating to appeals to the high court shall, as far as may be, apply in the case of appeals under this section118 (1) an appeal shall lie to the supreme court—appeal to supreme court20(a) from any order passed by the national bench or regional benches of theappellate tribunal; or(b) from any judgment or order passed by the high court in an appeal made under section 117 in any case which, on its own motion or on an application made by or on behalf of the party aggrieved, immediately after passing of the judgment or order, the high court certifies to be a fit one for appeal to the supreme court255 of 1908(2) the provisions of the code of civil procedure, 1908, relating to appeals to the supreme court shall, so far as may be, apply in the case of appeals under this section as they apply in the case of appeals from decrees of a high court30(3) where the judgment of the high court is varied or reversed in the appeal, effect shall be given to the order of the supreme court in the manner provided in section 117 in the case of a judgment of the high courtsums due to be paid notwithstanding appeal, etc35119 notwithstanding that an appeal has been preferred to the high court or thesupreme court, sums due to the government as a result of an order passed by the national or regional benches of the appellate tribunal under sub-section (1) of section 113 or anorder passed by the state bench or area benches of the appellate tribunal under subsection (1) of section 113 or an order passed by the high court under section 117, as the case may be, shall be payable in accordance with the order so passedappeal not to be filed incertain cases40120 (1) the board may, on the recommendations of the council, from time to time,issue orders or instructions or directions fixing such monetary limits, as it may deem fit, for the purposes of regulating the filing of appeal or application by the officer of the central tax under the provisions of this chapter45(2) where, in pursuance of the orders or instructions or directions issued under subsection (1), the officer of the central tax has not filed an appeal or application against any decision or order passed under the provisions of this act, it shall not preclude such officer of the central tax from filing appeal or application in any other case involving the same or similar issues or questions of law(3) notwithstanding the fact that no appeal or application has been filed by the officer of the central tax pursuant to the orders or instructions or directions issued under sub-section (1), no person, being a party in appeal or application shall contend that the officer of the central tax has acquiesced in the decision on the disputed issue by not filing an appeal or application5(4) the appellate tribunal or court hearing such appeal or application shall have regard to the circumstances under which appeal or application was not filed by the officer of the central tax in pursuance of the orders or instructions or directions issued under subsection (1)121 notwithstanding anything to the contrary in any provisions of this act, no appeal shall lie against any decision taken or order passed by an officer of central tax if such decision taken or order passed relates to any one or more of the following matters, namely:—nonappealable decisions and orders10(a) an order of the commissioner or other authority empowered to direct transferof proceedings from one officer to another officer; or(b) an order pertaining to the seizure or retention of books of account, registerand other documents; or(c) an order sanctioning prosecution under this act; or15(d) an order passed under section 80 chapter xix offences and penalties122 (1) where a taxable person who––penalty for certain offences20(i) supplies any goods or services or both without issue of any invoice or issuesan incorrect or false invoice with regard to any such supply;(ii) issues any invoice or bill without supply of goods or services or both inviolation of the provisions of this act or the rules made thereunder;(iii) collects any amount as tax but fails to pay the same to the governmentbeyond a period of three months from the date on which such payment becomes due;25(iv) collects any tax in contravention of the provisions of this act but fails to paythe same to the government beyond a period of three months from the date on which such payment becomes due;30(v) fails to deduct the tax in accordance with the provisions of sub-section (1) ofsection 51, or deducts an amount which is less than the amount required to be deducted under the said sub-section, or where he fails to pay to the government under subsection (2) thereof, the amount deducted as tax;35(vi) fails to collect tax in accordance with the provisions of sub-section (1) ofsection 52, or collects an amount which is less than the amount required to be collected under the said sub-section or where he fails to pay to the government the amount collected as tax under sub-section (3) of section 52;(vii) takes or utilizes input tax credit without actual receipt of goods or servicesor both either fully or partially, in contravention of the provisions of this act or the rules made thereunder;(viii) fraudulently obtains refund of tax under this act;40(ix) takes or distributes input tax credit in contravention of section 20, or therules made thereunder;(x) falsifies or substitutes financial records or produces fake accounts ordocuments or furnishes any false information or return with an intention to evade payment of tax due under this act;(xi) is liable to be registered under this act but fails to obtain registration; (xii) furnishes any false information with regard to registration particulars, either at the time of applying for registration, or subsequently;(xiii) obstructs or prevents any officer in discharge of his duties under this act;5(xiv) transports any taxable goods without the cover of documents as may be specified in this behalf;(xv) suppresses his turnover leading to evasion of tax under this act; (xvi) fails to keep, maintain or retain books of account and other documents in accordance with the provisions of this act or the rules made thereunder;10(xvii) fails to furnish information or documents called for by an officer in accordance with the provisions of this act or the rules made thereunder or furnishes false information or documents during any proceedings under this act;(xviii) supplies, transports or stores any goods which he has reasons to believe are liable to confiscation under this act;15(xix) issues any invoice or document by using the registration number of another registered person;(xx) tampers with, or destroys any material evidence or document; (xxi) disposes off or tampers with any goods that have been detained, seized, or attached under this act,20he shall be liable to pay a penalty of ten thousand rupees or an amount equivalent to the tax evaded or the tax not deducted under section 51 or short deducted or deducted but not paid to the government or tax not collected under section 52 or short collected or collected but not paid to the government or input tax credit availed of or passed on or distributed irregularly, or the refund claimed fraudulently, whichever is higher25(2) any registered person who supplies any goods or services or both on which any tax has not been paid or short-paid or erroneously refunded, or where the input tax credit has been wrongly availed or utilised,—30(a) for any reason, other than the reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty of ten thousand rupees or ten per cent of the tax due from such person, whichever is higher;(b) for reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty equal to ten thousand rupees or the tax due from such person, whichever is higher (3) any person who––35(a) aids or abets any of the offences specified in clauses (i) to (xxi) of sub-section (1);40(b) acquires possession of, or in any way concerns himself in transporting, removing, depositing, keeping, concealing, supplying, or purchasing or in any other manner deals with any goods which he knows or has reasons to believe are liable to confiscation under this act or the rules made thereunder;(c) receives or is in any way concerned with the supply of, or in any other manner deals with any supply of services which he knows or has reasons to believe are in contravention of any provisions of this act or the rules made thereunder;45(d) fails to appear before the officer of central tax, when issued with a summon for appearance to give evidence or produce a document in an inquiry;(e) fails to issue invoice in accordance with the provisions of this act or the rules made thereunder or fails to account for an invoice in his books of account, shall be liable to a penalty which may extend to twenty five thousand rupees5123 if a person who is required to furnish an information return under section 150 failsto do so within the period specified in the notice issued under sub-section (3) thereof, the proper officer may direct that such person shall be liable to pay a penalty of one hundred rupees for each day of the period during which the failure to furnish such return continues:penalty for failure to furnish information returnprovided that the penalty imposed under this section shall not exceed five thousand rupees10124 if any person required to furnish any information or return under section 151,—(a) without reasonable cause fails to furnish such information or return as maybe required under that section, orfine for failure tofurnishstatistics(b) wilfully furnishes or causes to furnish any information or return which heknows to be false,15he shall be punishable with a fine which may extend to ten thousand rupees and in case of a continuing offence to a further fine which may extend to one hundred rupees for each day after the first day during which the offence continues subject to a maximum limit of twenty five thousand rupeesgeneral penalty20125 any person, who contravenes any of the provisions of this act or any rules madethereunder for which no penalty is separately provided for in this act, shall be liable to a penalty which may extend to twenty five thousand rupeesgeneral disciplines related to penalty25126 (1) no officer under this act shall impose any penalty for minor breaches of tax regulations or procedural requirements and in particular, any omission or mistake in documentation which is easily rectifiable and made without fraudulent intent or gross negligenceexplanation––for the purpose of this sub-section,––(a) a breach shall be considered a 'minor breach' if the amount of tax involved is less than five thousand rupees;(b) an omission or mistake in documentation shall be considered to be easily rectifiable if the same is an error apparent on the face of record30(2) the penalty imposed under this act shall depend on the facts and circumstances of each case and shall be commensurate with the degree and severity of the breach(3) no penalty shall be imposed on any person without giving him an opportunity of being heard35(4) the officer under this act shall while imposing penalty in an order for a breach ofany law, regulation or procedural requirement, specify the nature of the breach and the applicable law, regulation or procedure under which the amount of penalty for the breach has been specified40(5) when a person voluntarily discloses to an officer under this act the circumstancesof a breach of the tax law, regulation or procedural requirement prior to the discovery of the breach by the officer under this act, the proper officer may consider this fact as a mitigating factor when quantifying a penalty for that person(6) the provisions of this section shall not apply in such cases where the penalty specified under this act is either a fixed sum or expressed as a fixed percentage45127 where the proper officer is of the view that a person is liable to a penalty and thesame is not covered under any proceedings under section 62 or section 63 or section 64 orpower to impose penalty in certain casessection 73 or section 74 or section 129 or section 130, he may issue an order levying such penalty after giving a reasonable opportunity of being heard to such personpower to waive penalty or fee or both5128 the government may, by notification, waive in part or full, any penalty referred toin section 122 or section 123 or section 125 or any late fee referred to in section 47 for such class of taxpayers and under such mitigating circumstances as may be specified therein on the recommendations of the council10detention, seizure and release of goods and conveyances in transit129 (1) notwithstanding anything contained in this act, where any person transportsany goods or stores any goods while they are in transit in contravention of the provisions of this act or the rules made thereunder, all such goods and conveyance used as a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to detention or seizure and after detention or seizure, shall be released,––15(a) on payment of the applicable tax and penalty equal to one hundred per centof the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to two per cent of the value of goods or twenty five thousand rupees, whichever is less, where the owner of the goods comes forward for payment of such tax and penalty;20(b) on payment of the applicable tax and penalty equal to the fifty per cent of thevalue of the goods reduced by the tax amount paid thereon and, in case of exempted goods, on payment of an amount equal to five per cent of the value of goods or twenty five thousand rupees, whichever is less, where the owner of the goods does not come forward for payment of such tax and penalty;(c) upon furnishing a security equivalent to the amount payable under clause (a)or clause (b) in such form and manner as may be prescribed:25provided that no such goods or conveyance shall be detained or seized without serving an order of detention or seizure on the person transporting the goods (2) the provisions of sub-section (6) of section 67 shall, mutatis mutandis, apply for detention and seizure of goods and conveyances30(3) the proper officer detaining or seizing goods or conveyances shall issue a notice specifying the tax and penalty payable and thereafter, pass an order for payment of tax and penalty under clause (a) or clause (b) or clause (c)(4) no tax, interest or penalty shall be determined under sub-section (3) without giving the person concerned an opportunity of being heard(5) on payment of amount referred in sub-section (1), all proceedings in respect of the notice specified in sub-section (3) shall be deemed to be concluded35(6) where the person transporting any goods or the owner of the goods fails to pay the amount of tax and penalty as provided in sub-section (1) within seven days of such detention or seizure, further proceedings shall be initiated in accordance with the provisions of section 130:40provided that where the detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the said period of seven days may be reduced by the proper officer130 (1) notwithstanding anything contained in this act, if any person—(i) supplies or receives any goods in contravention of any of the provisions of this act or the rules made thereunder with intent to evade payment of tax; or confiscation of goods or conveyances and levy of penalty45(ii) does not account for any goods on which he is liable to pay tax under this act; or(iii) supplies any goods liable to tax under this act without having applied for registration; or(iv) contravenes any of the provisions of this act or the rules made thereunder with intent to evade payment of tax; or5(v) uses any conveyance as a means of transport for carriage of goods incontravention of the provisions of this act or the rules made thereunder unless the owner of the conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance,then, all such goods or conveyances shall be liable to confiscation and the person shall be liable to penalty under section 12210(2) whenever confiscation of any goods or conveyance is authorised by this act, theofficer adjudging it shall give to the owner of the goods an option to pay in lieu of confiscation, such fine as the said officer thinks fit:provided that such fine leviable shall not exceed the market value of the goods confiscated, less the tax chargeable thereon:15provided further that the aggregate of such fine and penalty leviable shall not be lessthan the amount of penalty leviable under sub-section (1) of section 129:20provided also that where any such conveyance is used for the carriage of the goods or passengers for hire, the owner of the conveyance shall be given an option to pay in lieu of the confiscation of the conveyance a fine equal to the tax payable on the goods being transported thereon(3) where any fine in lieu of confiscation of goods or conveyance is imposed under sub-section (2), the owner of such goods or conveyance or the person referred to in subsection (1), shall, in addition, be liable to any tax, penalty and charges payable in respect of such goods or conveyance25(4) no order for confiscation of goods or conveyance or for imposition of penalty shallbe issued without giving the person an opportunity of being heard(5) where any goods or conveyance are confiscated under this act, the title of such goods or conveyance shall thereupon vest in the government30(6) the proper officer adjudging confiscation shall take and hold possession of thethings confiscated and every officer of police, on the requisition of such proper officer, shallassist him in taking and holding such possession(7) the proper officer may, after satisfying himself that the confiscated goods or conveyance are not required in any other proceedings under this act and after giving reasonable time not exceeding three months to pay fine in lieu of confiscation, dispose of such goods or conveyance and deposit the sale proceeds thereof with the government352 of 1974confiscation or penalty not to interfere with other punishments40131 without prejudice to the provisions contained in the code of criminal procedure,1973, no confiscation made or penalty imposed under the provisions of this act or the rules made thereunder shall prevent the infliction of any other punishment to which the person affected thereby is liable under the provisions of this act or under any other law for the time being in force132 (1) whoever commits any of the following offences, namely:—punishment for certain offences(a) supplies any goods or services or both without issue of any invoice, inviolation of the provisions of this act or the rules made thereunder, with the intention to evade tax;45(b) issues any invoice or bill without supply of goods or services or both inviolation of the provisions of this act, or the rules made thereunder leading to wrongful availment or utilisation of input tax credit or refund of tax;(c) avails input tax credit using such invoice or bill referred to in clause (b);(d) collects any amount as tax but fails to pay the same to the government beyond a period of three months from the date on which such payment becomes due;5(e) evades tax, fraudulently avails input tax credit or fraudulently obtains refund and where such offence is not covered under clauses (a) to (d);(f) falsifies or substitutes financial records or produces fake accounts or documents or furnishes any false information with an intention to evade payment of tax due under this act;10(g) obstructs or prevents any officer in the discharge of his duties under this act;(h) acquires possession of, or in any way concerns himself in transporting, removing, depositing, keeping, concealing, supplying, or purchasing or in any other manner deals with, any goods which he knows or has reasons to believe are liable to confiscation under this act or the rules made thereunder;15(i) receives or is in any way concerned with the supply of, or in any other manner deals with any supply of services which he knows or has reasons to believe are in contravention of any provisions of this act or the rules made thereunder;(j) tampers with or destroys any material evidence or documents;20(k) fails to supply any information which he is required to supply under this act or the rules made thereunder or (unless with a reasonable belief, the burden of proving which shall be upon him, that the information supplied by him is true) supplies false information; or(l) attempts to commit, or abets the commission of any of the offences mentioned in clauses (a) to (k) of this section,25shall be punishable––(i) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds five hundred lakh rupees, with imprisonment for a term which may extend to five years and with fine;30(ii) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds two hundred lakh rupees but does not exceed five hundred lakh rupees, with imprisonment for a term which may extend to three years and with fine;35(iii) in the case of any other offence where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds one hundred lakh rupees but does not exceed two hundred lakh rupees, with imprisonment for a term which may extend to one year and with fine;(iv) in cases where he commits or abets the commission of an offence specified in clause (f) or clause (g) or clause (j), he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both40(2) where any person convicted of an offence under this section is again convicted of an offence under this section, then, he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to five years and with fine45(3) the imprisonment referred to in clauses (i), (ii) and (iii) of sub-section (1) and sub-section (2) shall, in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, be for a term not less than six months2 of 1974(4) notwithstanding anything contained in the code of criminal procedure, 1973, alloffences under this act, except the offences referred to in sub-section (5) shall be noncognizable and bailable5(5) the offences specified in clause (a) or clause (b) or clause (c) or clause (d) of subsection (1) and punishable under clause (i) of that sub-section shall be cognizable and nonbailable(6) a person shall not be prosecuted for any offence under this section except with theprevious sanction of the commissioner10explanation— for the purposes of this section, the term "tax" shall include theamount of tax evaded or the amount of input tax credit wrongly availed or utilised or refund wrongly taken under the provisions of this act, the state goods and services tax act, the integrated goods and services tax act or the union territory goods and services tax act and cess levied under the goods and services tax (compensation to states) act15liability of officers and certain other persons20133 where any person engaged in connection with the collection of statistics undersection 151 or compilation or computerisation thereof or if any officer of central tax having access to information specified under sub-section (1) of section 150, or if any person engagedin connection with the provision of service on the common portal or the agent of common portal, wilfully discloses any information or the contents of any return furnished under this act or rules made thereunder otherwise than in execution of his duties under the said sections or for the purposes of prosecution for an offence under this act or under any other act for the time being in force, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to twenty-five thousand rupees, or with both(2) any person—25(a) who is a government servant shall not be prosecuted for any offence underthis section except with the previous sanction of the government;(b) who is not a government servant shall not be prosecuted for any offenceunder this section except with the previous sanction of the commissionercognizance of offences30134 no court shall take cognizance of any offence punishable under this act or therules made thereunder except with the previous sanction of the commissioner, and no court inferior to that of a magistrate of the first class, shall try any such offencepresumption of culpable mental state135 in any prosecution for an offence under this act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution35explanation—for the purposes of this section,––(i) the expression "culpable mental state" includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact;40(ii) a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probabilityrelevancy of statements under certain circumstances136 a statement made and signed by a person on appearance in response to any summons issued under section 70 during the course of any inquiry or proceedings under this act shall be relevant, for the purpose of proving, in any prosecution for an offence under this act, the truth of the facts which it contains,––45(a) when the person who made the statement is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or(b) when the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justiceoffences by companies5137 (1) where an offence committed by a person under this act is a company, everyperson who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly  10(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly15(3) where an offence under this act has been committed by a taxable person being a partnership firm or a limited liability partnership or a hindu undivided family or a trust, the partner or karta or managing trustee shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly and the provisions of sub-section (2) shall, mutatis mutandis, apply to such persons20(4) nothing contained in this section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offenceexplanation––for the purposes of this section,––25(i) "company" means a body corporate and includes a firm or other association of individuals; and(ii) "director", in relation to a firm, means a partner in the firmcompounding of offences30138 (1) any offence under this act may, either before or after the institution ofprosecution, be compounded by the commissioner on payment, by the person accused of the offence, to the central government or the state government, as the case be, of suchcompounding amount in such manner as may be prescribed:provided that nothing contained in this section shall apply to—35(a) a person who has been allowed to compound once in respect of any of the offences specified in clauses (a) to (f) of sub-section (1) of section 132 and the offences specified in clause (l) which are relatable to offences specified in clauses (a) to (f) of the said sub-section;40(b) a person who has been allowed to compound once in respect of any offence, other than those in clause (a), under this act or under the provisions of any state goods and services tax act or the union territory goods and services tax act or the integrated goods and services tax act in respect of supplies of value exceeding one crore rupees;(c) a person who has been accused of committing an offence under this act which is also an offence under any other law for the time being in force;(d) a person who has been convicted for an offence under this act by a court;45(e) a person who has been accused of committing an offence specified in clause(g) or clause (j) or clause (k) of sub-section (1) of section 132; and(f) any other class of persons or offences as may be prescribed: provided further that any compounding allowed under the provisions of this section shall not affect the proceedings, if any, instituted under any other law:provided also that compounding shall be allowed only after making payment of tax, interest and penalty involved in such offences5(2) the amount for compounding of offences under this section shall be such as may be prescribed, subject to the minimum amount not being less than ten thousand rupees or fifty per cent of the tax involved, whichever is higher, and the maximum amount not being less than thirty thousand rupees or one hundred and fifty per cent of the tax, whichever is higher10(3) on payment of such compounding amount as may be determined by the commissioner, no further proceedings shall be initiated under this act against the accused person in respect of the same offence and any criminal proceedings, if already initiated in respect of the said offence, shall stand abated15 chapter xx transitional provisionsmigration of existing taxpayers20139 (1) on and from the appointed day, every person registered under any of the existing laws and having a valid permanent account number shall be issued a certificate of registration on provisional basis, subject to such conditions and in such form and manner as may be prescribed, which unless replaced by a final certificate of registration under sub-section (2), shall be liable to be cancelled if the conditions so prescribed are not complied with(2) the final certificate of registration shall be granted in such form and manner and subject to such conditions as may be prescribed25(3) the certificate of registration issued to a person under sub-section (1) shall bedeemed to have not been issued if the said registration is cancelled in pursuance of an application filed by such person that he was not liable to registration under section 22 or section 2430transitional arrangements for input tax credit140 (1) a registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, the amount of cenvat credit carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished by him under the existing law in such manner as may be prescribed:provided that the registered person shall not be allowed to take credit in the following circumstances, namely:—35(i) where the said amount of credit is not admissible as input tax credit under thisact; or(ii) where he has not furnished all the returns required under the existing law forthe period of six months immediately preceding the appointed date; or(iii) where the said amount of credit relates to goods manufactured and clearedunder such exemption notifications as are notified by the government40(2) a registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, credit of the unavailed cenvat credit in respect of capital goods, not carried forward in a return, furnished under the existing law by him, for the period ending with the day immediately preceding the appointed day in such manner as may be prescribed:45provided that the registered person shall not be allowed to take credit unless the said credit was admissible as cenvat credit under the existing law and is also admissible as input tax credit under this act5explanation––for the purposes of this sub-section, the expression "unavailed cenvat credit" means the amount that remains after subtracting the amount of cenvat credit already availed in respect of capital goods by the taxable person under the existing law from the aggregate amount of cenvat credit to which the said person was entitled in respect of the said capital goods under the existing law;10(3) a registered person, who was not liable to be registered under the existing law, or who was engaged in the manufacture of exempted goods or provision of exempted services, or who was providing works contract service and was availing of the benefit of notification no 26/2012—service tax, dated the 20th june, 2012 or a first stage dealer or a second stage dealer or a registered importer or a depot of a manufacturer, shall be entitled to take, in his electronic credit ledger, credit of eligible duties in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day subject to the following conditions, namely:––15(i) such inputs or goods are used or intended to be used for making taxable supplies under this act;(ii) the said registered person is eligible for input tax credit on such inputs under this act;20 (iii) the said registered person is in possession of invoice or other prescribed documents evidencing payment of duty under the existing law in respect of such inputs;(iv) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day; and(v) the supplier of services is not eligible for any abatement under this act:25provided that where a registered person, other than a manufacturer or a supplier of services, is not in possession of an invoice or any other documents evidencing payment of duty in respect of inputs, then, such registered person shall, subject to such conditions, limitations and safeguards as may be prescribed, including that the said taxable person shall pass on the benefit of such credit by way of reduced prices to the recipient, be allowed to take credit at such rate and in such manner as may be prescribed301 of 1944 32 of 1994(4) a registered person, who was engaged in the manufacture of taxable as well as exempted goods under the central excise act, 1944 or provision of taxable as well as exempted services under chapter v of the finance act, 1994, but which are liable to tax under this act, shall be entitled to take, in his electronic credit ledger,—35(a) the amount of cenvat credit carried forward in a return furnished under the existing law by him accordance with the provisions of sub-section (1); and (b) the amount of cenvat credit of eligible duties in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day, relating to such exempted goods or services, in accordance with the provisions of sub-section (3)40 45(5) a registered person shall be entitled to take, in his electronic credit ledger, credit of eligible duties and taxes in respect of inputs or input services received on or after the appointed day but the duty or tax in respect of which has been paid by the supplier under the existing law, subject to the condition that the invoice or any other duty or tax paying document of the same was recorded in the books of accounts of such person within a period of thirty days from the appointed day:provided that the period of thirty days may, on sufficient cause being shown, be extended by the commissioner for a further period not exceeding thirty days:provided further that said registered person shall furnish a statement, in such manner as may be prescribed, in respect of credit that has been taken under this sub-section(6) a registered person, who was either paying tax at a fixed rate or paying a fixed amount in lieu of the tax payable under the existing law shall be entitled to take, in his electronic credit ledger, credit of eligible duties in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day subject to the following conditions, namely:––5(i) such inputs or goods are used or intended to be used for making taxablesupplies under this act;(ii) the said registered person is not paying tax under section 10;10(iii) the said registered person is eligible for input tax credit on such inputsunder this act;(iv) the said registered person is in possession of invoice or other prescribeddocuments evidencing payment of duty under the existing law in respect of inputs; and15(v) such invoices or other prescribed documents were issued not earlier thantwelve months immediately preceding the appointed day(7) notwithstanding anything to the contrary contained in this act, the input tax credit on account of any services received prior to the appointed day by an input service distributor shall be eligible for distribution as credit under this act even if the invoices relating to such services are received on or after the appointed day20(8) where a registered person having centralised registration under the existing lawhas obtained a registration under this act, such person shall be allowed to take, in his electronic credit ledger, credit of the amount of cenvat credit carried forward in a return, furnished under the existing law by him, in respect of the period ending with the day immediately preceding the appointed day in such manner as may be prescribed:25provided that if the registered person furnishes his return for the period ending withthe day immediately preceding the appointed day within three months of the appointed day, such credit shall be allowed subject to the condition that the said return is either an original return or a revised return where the credit has been reduced from that claimed earlier:30provided further that the registered person shall not be allowed to take credit unless the said amount is admissible as input tax credit under this act:provided also that such credit may be transferred to any of the registered persons having the same permanent account number for which the centralised registration was obtained under the existing law35(9) where any cenvat credit availed for the input services provided under the existing law has been reversed due to non-payment of the consideration within a period of three months, such credit can be reclaimed subject to the condition that the registered person has made the payment of the consideration for that supply of services within a period of three months from the appointed day40(10) the amount of credit under sub-sections (3), (4) and (6) shall be calculated in such manner as may be prescribedexplanation 1—for the purposes of sub-sections (3), (4) and (6), the expression"eligible duties" means––58 of 1957(i) the additional duty of excise leviable under section 3 of the additional duties of excise (goods of special importance) act, 1957;4551 of 1975(ii) the additional duty leviable under sub-section (1) of section 3 of the customstariff act, 1975;51 of 1975(iii) the additional duty leviable under sub-section (5) of section 3 of the customstariff act, 1975;40 of 1978(iv) the additional duty of excise leviable under section 3 of the additionalduties of excise (textile and textile articles) act, 1978;5 of 1986(v) the duty of excise specified in the first schedule to the central excise tariffact, 1985;55 of 1986(vi) the duty of excise specified in the second schedule to the central excisetariff act, 1985; and14 of 2001(vii) the national calamity contingent duty leviable under section 136 of the finance act, 2001;10in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed dayexplanation 2—for the purposes of sub-section (5), the expression "eligible duties and taxes" means––58 of 1957(i) the additional duty of excise leviable under section 3 of the additional dutiesof excise (goods of special importance) act, 1957;1551 of 1975(ii) the additional duty leviable under sub-section (1) of section 3 of the customstariff act, 1975;51 of 1975(iii) the additional duty leviable under sub-section (5) of section 3 of the customstariff act, 1975;20(iv) the additional duty of excise leviable under section 3 of the additionalduties of excise (textile and textile articles) act, 1978;40 of 1978(v) the duty of excise specified in the first schedule to the central excise tariffact, 1985;5 of 1986 5 of 1986(vi) the duty of excise specified in the second schedule to the central excisetariff act, 1985;2514 of 2001(vii) the national calamity contingent duty leviable under section 136 of thefinance act, 2001; and32 of 1994(viii) the service tax leviable under section 66b of the finance act, 1994, in respect of inputs and input services received on or after the appointed day30transitional provisions relating to job work141 (1) where any inputs received at a place of business had been removed as such or removed after being partially processed to a job worker for further processing, testing, repair, reconditioning or any other purpose in accordance with the provisions of existing law prior to the appointed day and such inputs are returned to the said place on or after the appointed day, no tax shall be payable if such inputs, after completion of the job work or otherwise, are returned to the said place within six months from the appointed day:35provided that the period of six months may, on sufficient cause being shown, be extended by the commissioner for a further period not exceeding two months:provided further that if such inputs are not returned within the period specified in this sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 14240 45(2) where any semi-finished goods had been removed from the place of business to any other premises for carrying out certain manufacturing processes in accordance with the provisions of existing law prior to the appointed day and such goods (hereafter in this section referred to as "the said goods") are returned to the said place on or after the appointed day, no tax shall be payable, if the said goods, after undergoing manufacturing processes or otherwise, are returned to the said place within six months from the appointed day:provided that the period of six months may, on sufficient cause being shown, be extended by the commissioner for a further period not exceeding two months:provided further that if the said goods are not returned within the period specified in this sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142:5provided also that the manufacturer may, in accordance with the provisions of the existing law, transfer the said goods to the premises of any registered person for the purpose of supplying therefrom on payment of tax in india or without payment of tax for exports within the period specified in this sub-section10 15(3) where any excisable goods manufactured at a place of business had been removedwithout payment of duty for carrying out tests or any other process not amounting to manufacture, to any other premises, whether registered or not, in accordance with the provisions of existing law prior to the appointed day and such goods, are returned to the said place on or after the appointed day, no tax shall be payable if the said goods, after undergoing tests or any other process, are returned to the said place within six months from the appointed day:provided that the period of six months may, on sufficient cause being shown, be extended by the commissioner for a further period not exceeding two months:20provided further that if the said goods are not returned within the period specified inthis sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142:provided also that the manufacturer may, in accordance with the provisions of the existing law, transfer the said goods from the said other premises on payment of tax in india or without payment of tax for exports within the period specified in this sub-section25(4) the tax under sub-sections (1), (2) and (3) shall not be payable, only if themanufacturer and the job-worker declare the details of the inputs or goods held in stock by the job-worker on behalf of the manufacturer on the appointed day in such form and manner and within such time as may be prescribed30miscellaneous transitional provisions35142 (1) where any goods on which duty, if any, had been paid under the existing lawat the time of removal thereof, not being earlier than six months prior to the appointed day, are returned to any place of business on or after the appointed day, the registered person shallbe eligible for refund of the duty paid under the existing law where such goods are returned by a person, other than a registered person, to the said place of business within a period of six months from the appointed day and such goods are identifiable to the satisfaction of the proper officer:provided that if the said goods are returned by a registered person, the return of such goods shall be deemed to be a supply40(2) (a) where, in pursuance of a contract entered into prior to the appointed day, theprice of any goods or services or both is revised upwards on or after the appointed day, the registered person who had removed or provided such goods or services or both shall issue to the recipient a supplementary invoice or debit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this act such supplementary invoice or debit note shall be deemed to have been issued in respect of an outward supply made under this act;4550(b) where, in pursuance of a contract entered into prior to the appointed day, the priceof any goods or services or both is revised downwards on or after the appointed day, the registered person who had removed or provided such goods or services or both may issue to the recipient a credit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this act such credit note shall be deemed to have been issued in respect of an outward supply made under this act:provided that the registered person shall be allowed to reduce his tax liability on account of issue of the credit note only if the recipient of the credit note has reduced his input tax credit corresponding to such reduction of tax liability51 of 1944(3) every claim for refund filed by any person before, on or after the appointed day, for refund of any amount of cenvat credit, duty, tax, interest or any other amount paid under the existing law, shall be disposed of in accordance with the provisions of existing law and any amount eventually accruing to him shall be paid in cash, notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of subsection (2) of section 11b of the central excise act, 1944:10provided that where any claim for refund of cenvat credit is fully or partially rejected, the amount so rejected shall lapse:provided further that no refund shall be allowed of any amount of cenvat credit where the balance of the said amount as on the appointed day has been carried forward under this act15(4) every claim for refund filed after the appointed day for refund of any duty or tax paid under existing law in respect of the goods or services exported before or after the appointed day, shall be disposed of in accordance with the provisions of the existing law:provided that where any claim for refund of cenvat credit is fully or partially rejected, the amount so rejected shall lapse:20provided further that no refund shall be allowed of any amount of cenvat credit where the balance of the said amount as on the appointed day has been carried forward under this act251 of 1944(5) every claim filed by a person after the appointed day for refund of tax paid under the existing law in respect of services not provided shall be disposed of in accordance with the provisions of existing law and any amount eventually accruing to him shall be paid in cash, notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of sub-section (2) of section 11b of the central excise act, 1944301 of 1944(6) (a) every proceeding of appeal, review or reference relating to a claim for cenvatcredit initiated whether before, on or after the appointed day under the existing law shall be disposed of in accordance with the provisions of existing law, and any amount of credit found to be admissible to the claimant shall be refunded to him in cash, notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of sub-section (2) of section 11b of the central excise act, 1944 and the amount rejected, if any, shall not be admissible as input tax credit under this act:35provided that no refund shall be allowed of any amount of cenvat credit where the balance of the said amount as on the appointed day has been carried forward under this act;40(b) every proceeding of appeal, review or reference relating to recovery of cenvatcredit initiated whether before, on or after the appointed day under the existing law shall be disposed of in accordance with the provisions of existing law and if any amount of credit becomes recoverable as a result of such appeal, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this act and the amount so recovered shall not be admissible as input tax credit under this act45(7) (a) every proceeding of appeal, review or reference relating to any output duty or tax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and if any amount becomes recoverable as a result of such appeal, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of duty or tax under this act and the amount so recovered shall not be admissible as input tax credit under this act51 of 194410(b) every proceeding of appeal, review or reference relating to any output duty or taxliability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and any amount found to be admissible to the claimant shall be refunded to him in cash, notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of subsection (2) of section 11b of the central excise act, 1944 and the amount rejected, if any, shall not be admissible as input tax credit under this act15(8) (a) where in pursuance of an assessment or adjudication proceedings instituted,whether before, on or after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes recoverable from the person, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this act and the amount so recovered shall not be admissible as input tax credit under this act;201 of 1944(b) where in pursuance of an assessment or adjudication proceedings instituted, whetherbefore, on or after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes refundable to the taxable person, the same shall be refunded to him in cash under the said law, notwithstanding anything to the contrary contained in the said law other than the provisions of sub-section (2) of section 11b of the central excise act, 1944and the amount rejected, if any, shall not be admissible as input tax credit under this act25(9) (a) where any return, furnished under the existing law, is revised after the appointedday and if, pursuant to such revision, any amount is found to be recoverable or any amount of cenvat credit is found to be inadmissible, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this act and the amount so recovered shall not be admissible as input tax credit under this act;301 of 1944(b) where any return, furnished under the existing law, is revised after the appointedday but within the time limit specified for such revision under the existing law and if, pursuant to such revision, any amount is found to be refundable or cenvat credit is found to be admissible to any taxable person, the same shall be refunded to him in cash under the existinglaw, notwithstanding anything to the contrary contained in the said law other than the provisions of sub-section (2) of section 11b of the central excise act, 1944 and the amount rejected, if any, shall not be admissible as input tax credit under this act35(10) save as otherwise provided in this chapter, the goods or services or both suppliedon or after the appointed day in pursuance of a contract entered into prior to the appointed day shall be liable to tax under the provisions of this act40(11) (a) notwithstanding anything contained in section 12, no tax shall be payable ongoods under this act to the extent the tax was leviable on the said goods under the value added tax act of the state;32 of 1994(b) notwithstanding anything contained in section 13, no tax shall be payable onservices under this act to the extent the tax was leviable on the said services under chapter v of the finance act, 1994;32 of 199445(c) where tax was paid on any supply both under the value added tax act and underchapter v of the finance act, 1994, tax shall be leviable under this act and the taxable person shall be entitled to take credit of value added tax or service tax paid under the existing law to the extent of supplies made after the appointed day and such credit shall be calculated in such manner as may be prescribed(12) where any goods sent on approval basis, not earlier than six months before the appointed day, are rejected or not approved by the buyer and returned to the seller on or after the appointed day, no tax shall be payable thereon if such goods are returned within six months from the appointed day:5provided that the said period of six months may, on sufficient cause being shown, be extended by the commissioner for a further period not exceeding two months:provided further that the tax shall be payable by the person returning the goods if such goods are liable to tax under this act, and are returned after a period specified in this subsection:10provided also that tax shall be payable by the person who has sent the goods on approval basis if such goods are liable to tax under this act, and are not returned within a period specified in this sub-section15(13) where a supplier has made any sale of goods in respect of which tax was required to be deducted at source under any law of a state or union territory relating to value added tax and has also issued an invoice for the same before the appointed day, no deduction of tax at source under section 51 shall be made by the deductor under the said section where payment to the said supplier is made on or after the appointed day201 of 1944explanation––for the purposes of this chapter, the expressions "capital goods","central value added tax (cenvat) credit" "first stage dealer", "second stage dealer", or "manufacture" shall have the same meaning as respectively assigned to them in the central excise act, 1944 or the rules made thereunder chapter xxi miscellaneousjob work procedure25143 (1) a registered person (hereafter in this section referred to as the "principal")may under intimation and subject to such conditions as may be prescribed, send any inputs or capital goods, without payment of tax, to a job worker for job-work and from there subsequently send to another job worker and likewise, and shall,––30(a) bring back inputs, after completion of job work or otherwise, or capital goods,other than moulds and dies, jigs and fixtures, or tools, within one year and three years, respectively, of their being sent out, to any of his place of business, without payment of tax;35(b) supply such inputs, after completion of job work or otherwise, or capitalgoods, other than moulds and dies, jigs and fixtures, or tools, within one year and three years, respectively, of their being sent out from the place of business of a job worker on payment of tax within india, or with or without payment of tax for export, as the case may be:40provided that the principal shall not supply the goods from the place of business of a job worker in accordance with the provisions of this clause unless the said principal declares the place of business of the job-worker as his additional place of business except in a case—(i) where the job worker is registered under section 25; or (ii) where the principal is engaged in the supply of such goods as may be notified by the commissioner45(2) the responsibility for keeping proper accounts for the inputs or capital goods shall lie with the principal(3) where the inputs sent for job work are not received back by the principal after completion of job work or otherwise in accordance with the provisions of clause (a) of subsection (1) or are not supplied from the place of business of the job worker in accordance with the provisions of clause (b) of sub-section (1) within a period of one year of their being sent out, it shall be deemed that such inputs had been supplied by the principal to the job-worker on the day when the said inputs were sent out5(4) where the capital goods, other than moulds and dies, jigs and fixtures, or tools,sent for job work are not received back by the principal in accordance with the provisions of clause (a) of sub-section (1) or are not supplied from the place of business of the jobworker in accordance with the provisions of clause (b) of sub-section (1) within a period ofthree years of their being sent out, it shall be deemed that such capital goods had been supplied by the principal to the job-worker on the day when the said capital goods were sent out10(5) notwithstanding anything contained in sub-sections (1) and (2), any waste and scrap generated during the job work may be supplied by the job worker directly from his place of business on payment of tax, if such job worker is registered, or by the principal, if the job worker is not registered15explanation––for the purposes of job work, input includes intermediate goods arisingfrom any treatment or process carried out on the inputs by the principal or the job worker144 where any document––presumption as to documents in certain cases(i) is produced by any person under this act or any other law for the time being in force; or20(ii) has been seized from the custody or control of any person under this act orany other law for the time being in force; or(iii) has been received from any place outside india in the course of any proceedings under this act or any other law for the time being in force,25and such document is tendered by the prosecution in evidence against him or any other person who is tried jointly with him, the court shall—(a) unless the contrary is proved by such person, presume—(i) the truth of the contents of such document;30(ii) that the signature and every other part of such document which purportsto be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or to be in the handwriting of, anyparticular person, is in that person's handwriting, and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested;(b) admit the document in evidence notwithstanding that it is not duly stamped,if such document is otherwise admissible in evidence35145 (1)  notwithstanding anything contained in any other law for the time being in force,—(a) a micro film of a document or the reproduction of the image or images embodiedin such micro film (whether enlarged or not); or(b) a facsimile copy of a document; or40admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence(c) a statement contained in a document  and included in a printed materialproduced by a computer, subject to such conditions as may be prescribed; or(d) any information stored electronically in any device or media, including anyhard copies made of such information,proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible(2) in any proceedings under this act or the rules made thereunder, where it is desired to give a statement in evidence by virtue of this section, a certificate,—5(a) identifying the document containing the statement and describing the mannerin which it was produced;(b) giving such particulars of any device involved in the production of thatdocument as may be appropriate for the purpose of showing that the document was produced by a computer,10shall be evidence of any matter stated in the certificate and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating itcommon portal15146 the government may, on the recommendations of the council, notify the commongoods and services tax electronic portal for facilitating registration, payment of tax, furnishing of returns, computation and settlement of integrated tax, electronic way bill and for carrying out such other functions and for such purposes as may be prescribeddeemed exports20147 the government may, on the recommendations of the council, notify certainsupplies of goods as deemed exports, where goods supplied do not leave india, and payment for such supplies is received either in indian rupees or in convertible foreign exchange, if such goods are manufactured in indiaspecial procedure for certain processes148 the government may, on the recommendations of the council, and subject tosuch conditions and safeguards as may be prescribed, notify certain classes of registered persons, and the special procedures to be followed by such persons including those with regard to registration, furnishing of return, payment of tax and administration of such persons25149 (1) every registered person may be assigned a goods and services tax compliancerating score by the government based on his record of compliance with the provisions of this actgoods and services tax compliance rating30(2) the goods and services tax compliance rating score may be determined on the basis of such parameters as may be prescribed(3) the goods and services tax compliance rating score may be updated at periodic intervals and intimated to the registered person and also placed in the public domain in such manner as may be prescribed150 (1) any person, being—(a) a taxable person; or35obligation to furnish information return(b) a local authority or other public body or association; or (c) any authority of the state government responsible for the collection of valueadded tax or sales tax or state excise duty or an authority of the central government responsible for the collection of excise duty or customs duty; or40(d) an income tax authority appointed under the provisions of the income-tax act, 1961; or43 of 1961 2 of 1934(e) a banking company within the meaning of clause (a) of section 45a of the reserve bank of india act, 1934; or36 of 200345(f) a state electricity board or an electricity distribution or transmission licensee under the electricity act, 2003, or any other entity entrusted with such functions by the central government or the state government; or16 of 1908(g) the registrar or sub-registrar appointed under section 6 of the registration act, 1908; or18 of 2013(h) a registrar within the meaning of the companies act, 2013; or59 of 1988(i) the registering authority empowered to register motor vehicles under the motor vehicles act, 1988; or530 of 2013(j) the collector referred to in clause (c) of section 3 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013; or1042 of 1956(k) the recognised stock exchange referred to in clause (f) of section 2 of the securities contracts (regulation) act, 1956; or22 of 1996(l) a depository referred to in clause (e) of sub-section (1) of section 2 of the depositories act, 1996; or2 of 1934(m) an officer of the reserve bank of india as constituted under section 3 of the reserve bank of india act, 1934; or1518 of 2013(n) the goods and services tax network, a company registered under thecompanies act, 2013; or(o) a person to whom a unique identity number has been granted undersub-section (9) of section 25; or(p) any other person as may be specified, on the recommendations of the council,by the government,20 25who is responsible for maintaining record of registration or statement of accounts or any periodic return or document containing details of payment of tax and other details of transaction of goods or services or both or transactions related to a bank account or consumption of electricity or transaction of purchase, sale or exchange of goods or property or right or interest in a property under any law for the time being in force, shall furnish an information return of the same in respect of such periods, within such time, in such form and manner and to such authority or agency as may be prescribed30 35(2) where the commissioner, or an officer authorised by him in this behalf, considersthat the information furnished in the information return is defective, he may intimate the defect to the person who has furnished such information return and give him an opportunityof rectifying the defect within a period of thirty days from the date of such intimation or within such further period which, on an application made in this behalf, the said authority may allow and if the defect is not rectified within the said period of thirty days or, the further period so allowed, then, notwithstanding anything contained in any other provisions of this act, such information return shall be treated as not furnished and the provisions of this act shall apply40(3) where a person who is required to furnish information return has not furnished the same within the time specified in sub-section (1) or sub-section (2), the said authority may serve upon him a notice requiring furnishing of such information return within a period not exceeding ninety days from the date of service of the notice and such person shall furnish the information returnpower to collect statistics151 (1) the commissioner may, if he considers that it is necessary so to do, by notification, direct that statistics may be collected relating to any matter dealt with by or in connection with this act45(2) upon such notification being issued, the commissioner, or any person authorisedby him in this behalf, may call upon the concerned persons to furnish such information or returns, in such form and manner as may be prescribed, relating to any matter in respect of which statistics is to be collected bar on disclosure of information152 (1) no information of any individual return or part thereof with respect to anymatter given for the purposes of section 150 or section 151 shall, without the previous consent in writing of the concerned person or his authorised representative, be published in such manner so as to enable such particulars to be identified as referring to a particular person and no such information shall be used for the purpose of any proceedings under this act5(2) except for the purposes of prosecution under this act or any other act for the timebeing in force, no person who is not engaged in the collection of statistics under this act or compilation or computerisation thereof for the purposes of this act, shall be permitted to see or have access to any information or any individual return referred to in section 15110(3) nothing in this section shall apply to the publication of any information relating toa class of taxable persons or class of transactions, if in the opinion of the commissioner, it is desirable in the public interest to publish such information15153 any officer not below the rank of assistant commissioner may, having regard tothe nature and complexity of the case and the interest of revenue, take assistance of any expert at any stage of scrutiny, inquiry, investigation or any other proceedings before himtaking assistance from an expert power to take samples154 the commissioner or an officer authorised by him may take samples of goodsfrom the possession of any taxable person, where he considers it necessary, and provide a receipt for any samples so takenburden of proof155 where any person claims that he is eligible for input tax credit under this act, theburden of proving such claim shall lie on such person2045 of 1860156 all persons discharging functions under this act shall be deemed to be publicservants within the meaning of section 21 of the indian penal codepersons deemed to be public servants protection of action taken under this act25157 (1) no suit, prosecution or other legal proceedings shall lie against the president,state president, members, officers or other employees of the appellate tribunal or any other person authorised by the said appellate tribunal for anything which is in good faith done or intended to be done under this act or the rules made thereunder(2) no suit, prosecution or other legal proceedings shall lie against any officer appointedor authorised under this act for anything which is done or intended to be done in good faith under this act or the rules made thereunder30disclosure of information by a public servant158 (1) all particulars contained in any statement made, return furnished or accountsor documents produced in accordance with this act, or in any record of evidence given in thecourse of any proceedings under this act (other than proceedings before a criminal court), or in any record of any proceedings under this act shall, save as provided in sub-section (3),not be disclosed1 of 187235(2) notwithstanding anything contained in the indian evidence act, 1872, no courtshall, save as otherwise provided in sub-section (3), require any officer appointed or authorised under this act to produce before it or to give evidence before it in respect of particulars referred to in sub-section (1)(3) nothing contained in this section shall apply to the disclosure of,––4045 of 1860 49 of 1988(a) any particulars in respect of any statement, return, accounts, documents,evidence, affidavit or deposition, for the purpose of any prosecution under the indian penal code or the prevention of corruption act, 1988, or any other law for the time being in force; or45(b) any particulars to the central government or the state government or to anyperson acting in the implementation of this act, for the purposes of carrying out the objects of this act; or(c) any particulars when such disclosure is occasioned by the lawful exercise underthis act of any process for the service of any notice or recovery of any demand; or(d) any particulars to a civil court in any suit or proceedings, to which the government or any authority under this act is a party, which relates to any matter arising out of any proceedings under this act or under any other law for the time being in force authorising any such authority to exercise any powers thereunder; or5(e) any particulars to any officer appointed for the purpose of audit of tax receiptsor refunds of the tax imposed by this act; or10(f) any particulars where such particulars are relevant for the purposes of anyinquiry into the conduct of any officer appointed or authorised under this act, to any person or persons appointed as an inquiry officer under any law for the time being in force; or(g) any such particulars to an officer of the central government or of any stategovernment, as may be necessary for the purpose of enabling that government to levy or realise any tax or duty; or15(h) any particulars when such disclosure is occasioned by the lawful exercise bya public servant or any other statutory authority, of his or its powers under any law for the time being in force; or20(i) any particulars relevant to any inquiry into a charge of misconduct inconnection with any proceedings under this act against a practising advocate, a tax practitioner, a practising cost accountant, a practising chartered accountant, a practising company secretary to the authority empowered to take disciplinary action against the members practising the profession of a legal practitioner, a cost accountant, a chartered accountant or a company secretary, as the case may be; or25(j) any particulars to any agency appointed for the purposes of data entry onany automated system or for the purpose of operating, upgrading or maintaining any automated system where such agency is contractually bound not to use or disclose such particulars except for the aforesaid purposes; or(k) any particulars to an officer of the government as may be necessary for thepurposes of any other law for the time being in force; or30(l) any information relating to any class of taxable persons or class of transactionsfor publication, if, in the opinion of the commissioner, it is desirable in the public interest, to publish such information35publication of information in respect of persons in certain cases159 (1) if the commissioner, or any other officer authorised by him in this behalf, is of the opinion that it is necessary or expedient in the public interest to publish the name of any person and any other particulars relating to any proceedings or prosecution under this act in respect of such person, it may cause to be published such name and particulars in such manner as it thinks fit(2) no publication under this section shall be made in relation to any penalty imposed under this act until the time for presenting an appeal to the appellate authority under section 107 has expired without an appeal having been presented or the appeal, if presented, has been disposed of40 45explanation––in the case of firm, company or other association of persons, the names of the partners of the firm, directors, managing agents, secretaries and treasurers or managers of the company, or the members of the association, as the case may be, may also be published if, in the opinion of the commissioner, or any other officer authorised by him in this behalf, circumstances of the case justify it160 (1) no assessment, re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings done, accepted, made, issued, initiated, or purported to have been done, accepted, made, issued, initiated in pursuance of any of the provisions of this act shall be invalid or deemed to be invalid merely by reason of anyassessment proceedings, etc, not to be invalid on certain groundsmistake, defect or omission therein, if such assessment, re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings are in substance and effect in conformity with or according to the intents, purposes and requirements of this act or any existing law5(2) the service of any notice, order or communication shall not be called in question,if the notice, order or communication, as the case may be, has already been acted upon by the person to whom it is issued or where such service has not been called in question at or in the earlier proceedings commenced, continued or finalised pursuant to such notice, order or communication10rectification of errors apparent onthe face ofrecord15161 without prejudice to the provisions of section 160, and notwithstanding anythingcontained in any other provisions of this act, any authority, who has passed or issued any decision or order or notice or certificate or any other document, may rectify any error which is apparent on the face of record in such decision or order or notice or certificate or any other document, either on its own motion or where such error is brought to its notice by any officer appointed under this act or an officer appointed under the state goods and services tax act or an officer appointed under the union territory goods and services tax act or by the affected person within a period of three months from the date of issue of such decision or order or notice or certificate or any other document, as the case may be:20provided that no such rectification shall be done after a period of six months from thedate of issue of such decision or order or notice or certificate or any other document:provided further that the said period of six months shall not apply in such cases wherethe rectification is purely in the nature of correction of a clerical or arithmetical error, arising from any accidental slip or omission:provided also that where such rectification adversely affects any person, the principlesof natural justice shall be followed by the authority carrying out such rectification25bar on jurisdiction of civil courts162 save as provided in sections 117 and 118, no civil court shall have jurisdiction todeal with or decide any question arising from or relating to anything done or purported to be done under this actlevy of fee30163 wherever a copy of any order or document is to be provided to any person on anapplication made by him for that purpose, there shall be paid such fee as may be prescribed164 (1) the government may, on the recommendations of the council, by notification,make rules for carrying out the provisions of this actpower ofgovernment to make rules35(2) without prejudice to the generality of the provisions of sub-section (1), thegovernment may make rules for all or any of the matters which by this act are required to be, or may be, prescribed or in respect of which provisions are to be or may be made by rules(3) the power to make rules conferred by this section shall include the power to giveretrospective effect to the rules or any of them from a date not earlier than the date on which the provisions of this act come into force40(4) any rules made under sub-section (1) or sub-section (2) may provide that acontravention thereof shall be liable to a penalty not exceeding ten thousand rupeespower to make regulations165 the board may, by notification, make regulations consistent with this act and therules made thereunder to carry out the provisions of this act  45laying of rules, regulations and notifications166 every rule made by the government, every regulation made by the board andevery notification issued by the government under this act, shall be laid, as soon as may be after it is made or issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the5successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or in the notification, as the case may be, or both houses agree that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may bedelegation of powers10167 the commissioner may, by notification, direct that subject to such conditions, if any, as may be specified in the notification, any power exercisable by any authority or officer under this act may be exercisable also by another authority or officer as may be specified in such notificationpower to issueinstructions ordirections15168 (1) the board may, if it considers it necessary or expedient so to do for the purpose of uniformity in the implementation of this act, issue such orders, instructions or directions to the central tax officers as it may deem fit, and thereupon all such officers and all other persons employed in the implementation of this act shall observe and follow such orders, instructions or directions20(2) the commissioner specified in clause (91) of section 2, sub-section (3) of section 5, clause (b) of sub-section (9) of section 25, sub-sections (3) and (4) of section35, sub-section (1) of section 37, sub-section (2) of section 38, sub-section (6) of section 39, sub-section (5) of section 66, sub-section (1) of section 143, sub-section (1) of section 151, clause (l) of sub-section (3) of section 158 and section 167 shall mean a commissioner or joint secretary posted in the board and such commissioner or joint secretary shall exercise the powers specified in the said sections with the approval of the board25169 (1) any decision, order, summons, notice or other communication under this act or the rules made thereunder shall be served by any one of the following methods, namely:—service of notice in certain circumstances30(a) by giving or tendering it directly or by a messenger including a courier to the addressee or the taxable person or to his manager or authorised representative or an advocate or a tax practitioner holding authority to appear in the proceedings on behalf of the taxable person or to a person regularly employed by him in connection with the business, or to any adult member of family residing with the taxable person; or35(b) by registered post or speed post or courier with acknowledgement due, tothe person for whom it is intended or his authorised representative, if any, at his last known place of business or residence; or(c) by sending a communication to his e-mail address provided at the time ofregistration or as amended from time to time; or(d) by making it available on the common portal; or40(e) by publication in a newspaper circulating in the locality in which the taxableperson or the person to whom it is issued is last known to have resided, carried on business or personally worked for gain; or45(f) if none of the modes aforesaid is practicable, by affixing it in some conspicuousplace at his last known place of business or residence and if such mode is not practicable for any reason, then by affixing a copy thereof on the notice board of the office of the concerned officer or authority who or which passed such decision or order or issued such summons or notice(2) every decision, order, summons, notice or any communication shall be deemed to have been served on the date on which it is tendered or published or a copy thereof is affixed in the manner provided in sub-section (1)50(3) when such decision, order, summons, notice or any communication is sent by registered post or speed post, it shall be deemed to have been received by the addressee at the expiry of the period normally taken by such post in transit unless the contrary is provedrounding off of tax, etc5170 the amount of tax, interest, penalty, fine or any other sum payable, and theamount of refund or any other sum due, under the provisions of this act shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise it shall be ignored10antiprofiteering measure171 (1) any reduction in rate of tax on any supply of goods or services or the benefitof input tax credit shall be passed on to the recipient by way of commensurate reduction in prices15(2) the central government may, on recommendations of the council, by notification,constitute an authority, or empower an existing authority constituted under any law for the time being in force, to examine whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him(3) the authority referred to in sub-section (2) shall exercise such powers and discharge such functions as may be prescribedremoval of difficulties20172 (1) if any difficulty arises in giving effect to any provisions of this act, thegovernment may, on the recommendations of the council, by a general or a special order published in the official gazette, make such provisions not inconsistent with the provisions of this act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said difficulty: provided that no such order shall be made after the expiry of a period of three yearsfrom the date of commencement of this act25(2) every order made under this section shall be laid, as soon as may be, after it is made,before each house of parliament173 save as otherwise provided in this act, chapter v of the finance act, 1994 shallbe omittedamendment of act 32 of 199430repeal and saving1 of 1944 16 of 19553558 of 1957 40 of 1978 5 of 1986174 (1) save as otherwise provided in this act, on and from the date of commencement of this act, the central excise act, 1944 (except as respects goods included in entry 84 of the union list of the seventh schedule to the constitution), the medicinal and toilet preparations (excise duties) act, 1955, the additional duties of excise (goods of special importance) act, 1957, the additional duties of excise (textiles and textile articles) act, 1978, and the central excise tariff act, 1985 (hereafter referred to as the repealed acts) are hereby repealed32 of 1944(2) the repeal of the said acts and the amendment of the finance act, 1994 (hereafter referred to as "such amendment" or "amended act", as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not—40(a) revive anything not in force or existing at the time of such amendment orrepeal; or(b) affect the previous operation of the amended act or repealed acts and ordersor anything duly done or suffered thereunder; or(c) affect any right, privilege, obligation, or liability acquired, accrued or incurredunder the amended act or repealed acts or orders under such repealed or amended acts:provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or5(d) affect any duty, tax, surcharge, fine, penalty, interest as are due or maybecome due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or10 15(e) affect any investigation, inquiry, verification (including scrutiny and audit),assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such duty, tax, surcharge, penalty, fine, interest, right, privilege, obligation, liability, forfeiture or punishment, as aforesaid, and any such investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and other legal proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these acts had not been so amended or repealed;20(f) affect any proceedings including that relating to an appeal, review or reference,instituted before on, or after the appointed day under the said amended act or repealed acts and such proceedings shall be continued under the said amended act or repealed acts as if this act had not come into force and the said acts had not been amended or repealed(3) the mention of the particular matters referred to in sub-sections (1) and (2) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 with regard to the effect of repeal10 of 1897 schedule   i [section 7] activities to be treated as supply even if made without consideration1 permanent transfer or disposal of business assets where input tax credit has been availed on such assets2 supply of goods or services or both between related persons or between distinct persons as specified in section 25, when made in the course or furtherance of business:provided that gifts not exceeding fifty thousand rupees in value in a financial year by an employer to an employee shall not be treated as supply of goods or services or both3 supply of goods—(a) by a principal to his agent where the agent undertakes to supply such goods on behalf of the principal; or(b) by an agent to his principal where the agent undertakes to receive such goods on behalf of the principal4 import of services by a taxable person from a related person or from any of his other establishments outside india, in the course or furtherance of business schedule ii [section 7] activities to be treated as supply of goods or supply of services 1 transfer(a) any transfer of the title in goods is a supply of goods; (b) any transfer  of right in goods or of undivided share in goods without the transfer of title thereof, is a supply of services;(c) any transfer of title in goods under an agreement which stipulates that property in goods shall pass at a future date upon payment of full consideration as agreed, is a supply of goods2 land and building(a) any lease, tenancy, easement, licence to occupy land is a supply of services; (b) any lease or letting out of the building including a commercial, industrial or residential complex for business or commerce, either wholly or partly, is a supply of services3 treatment or process any treatment or process which is applied to another person's goods is a supply of services 4 transfer of business assets(a) where goods forming part of the assets of a business are transferred or disposed of by or under the directions of the person carrying on the business so as no longer to form part of those assets, whether or not for a consideration, such transfer or disposal is a supply of goods by the person;(b) where, by or under the direction of a person carrying on a business, goods held or used for the purposes of the business are put to any private use or are used, or made available to any person for use, for any purpose other than a purpose of the business, whether or not for a consideration, the usage or making available of such goods is a supply of services;(c) where any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him shall be deemed to be supplied by him in the course or furtherance of his business immediately before he ceases to be a taxable person, unless—(i) the business is transferred as a going concern to another person; or (ii) the business is carried on by a personal representative who is deemed to be a taxable person 5 supply of servicesthe following shall be treated as supply of service, namely:—(a) renting of immovable property; (b) construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlierexplanation—for the purposes of this clause—(1) the expression "competent authority" means the government or any authority authorised to issue completion certificate under any law for the time being in force and in case of non-requirement of such certificate from such authority, from any of the following, namely:—20 of 1972(i) an architect registered with the council of architecture constituted under the architects act, 1972; or(ii) a chartered engineer registered with the institution of engineers(india); or(iii) a licensed surveyor of the respective local body of the city or town or village or development or planning authority; (2) the expression "construction" includes additions, alterations, replacements or remodelling of any existing civil structure; (c) temporary transfer or permitting the use or enjoyment of any intellectual property right;(d) development, design, programming, customisation, adaptation, upgradation, enhancement, implementation of information technology software;(e) agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act; and(f) transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration 6 composite supplythe following composite supplies shall be treated as a supply of services, namely:—(a) works contract as defined in clause (119) of section 2; and (b) supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration 7 supply of goodsthe following shall be treated as supply of goods, namely:— supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration schedule iii [section 7] activities or transactions which shall be treated neither as a supply of goods nor a supply of services1 services by an employee to the employer in the course of or in relation to his employment2 services by any court or tribunal established under any law for the time being in force3 (a) the functions performed by the members of parliament, members of state legislature, members of panchayats, members of municipalities and members of other local authorities;(b) the duties performed by any person who holds any post in pursuance of the provisions of the constitution in that capacity; or(c) the duties performed by any person as a chairperson or a member or a director in a body established by the central government or a state government or local authority and who is not deemed as an employee before the commencement of this clause4 services of funeral, burial, crematorium or mortuary including transportation of the deceased5  sale of land and, subject to clause (b) of paragraph 5 of  schedule ii, sale of building6  actionable claims, other than lottery, betting and gamblingexplanation—for the purposes of paragraph 2, the term "court" includes district court, high court and supreme court statement of objects and reasonspresently, the central government levies tax on, manufacture of certain goods in the form of central excise duty, provision of certain services in the form of service tax, inter-state sale of goods in the form of central sales tax  similarly, the state governments levy tax on and on retail sales in the form of value added tax, entry of goods in the state in the form of entry tax, luxury tax and purchase tax, etc  accordingly, there is multiplicity of taxes which are being levied on the same supply chain2 the present tax system on goods and services is facing certain difficulties as under—(i) there is cascading of taxes as taxes levied by the central government are not available as set off against the taxes being levied by the state governments;(ii) certain taxes levied by state governments are not allowed as set off for payment of other taxes being levied by them;(iii) the variety of value added tax laws in the country with disparate tax rates and dissimilar tax practices divides the country into separate economic spheres; and(iv) the creation of tariff and non-tariff barriers such as octroi, entry tax, check posts, etc, hinder the free flow of trade throughout the country besides that, the large number of taxes create high compliance cost for the taxpayers in the form of number of returns, payments, etc 3 in view of the aforesaid difficulties, all the above mentioned taxes are proposed to be subsumed in a single tax called the goods and services tax which will be levied on supply of goods or services or both at each stage of supply chain starting from manufacture or import and till the last retail level so, any tax that is presently being levied by the central government or the state governments on the supply of goods or services is going to be converged in goods and services tax which is proposed to be a dual levy where the central government will levy and collect tax in the form of central goods and services tax and the state government will levy and collect tax in the form of state goods and services tax on intra-state supply of goods or services or both4 in view of the above, it has become necessary to have a central legislation, namely the central goods and services tax bill, 2017 the proposed legislation will confer power upon the central government for levying goods and services tax on the supply of goods or services or both which takes place within a state the proposed legislation will simplify and harmonise the indirect tax regime in the country  it is expected to reduce cost of production and inflation in the economy, thereby making the indian trade and industry more competitive, domestically as well as internationally due to the seamless transfer of input tax credit from one stage to another in the chain of value addition, there is an in-built mechanism in the design of goods and services tax that would incentivise tax compliance by taxpayers the proposed goods and services tax will broaden the tax base, and result in better tax compliance due to a robust information technology infrastructure5 the central goods and services tax bill, 2017, inter alia, provides for the following, namely:—(a) to levy tax on all intra-state supplies of goods or services or both except supply of alcoholic liquor for human consumption at a rate to be notified, not exceeding twenty per cent as recommended by the goods and services tax council (the council); (b) to broad base the input tax credit by making it available in respect of taxes paid on any supply of goods or services or both used or intended to be used in the course or furtherance of business; (c) to impose obligation on electronic commerce operators to collect tax at source, at such rate not exceeding one per cent of net value of taxable supplies, out of payments to suppliers supplying goods or services through their portals;(d)  to provide for self-assessment of the taxes payable by the registered person;(e) to provide for conduct of audit of registered persons in order to verify compliance with the provisions of the act; (f) to provide for recovery of arrears of tax using various modes including detaining and sale of goods, movable and immovable property of defaulting taxable person;(g) to provide for powers of inspection, search, seizure and arrest to the officers;(h) to establish the goods and services tax appellate tribunal by the central government for hearing appeals against the orders passed by the appellate authority or the revisional authority;(i) to make provision for penalties for contravention of the provisions of the proposed legislation; (j)  to provide for an anti-profiteering clause in order to ensure that business passes on the benefit of reduced tax incidence on goods or services or both to the consumers; and(k) to provide for elaborate transitional provisions for smooth transition of existing taxpayers to goods and services tax regime 6 the notes on clauses explain in detail the various provisions contained in the central goods and services tax bill, 20177 the bill seeks to achieve the above objectivesnew delhi;arun jaitleythe  23rd march, 2017 notes on clausesclause 1 provides for short title, extent and commencement of the proposed act clause 2 defines various terms and expressions used in the proposed act clause 3 provides for appointment of commissioners and other class of officers as may be required for carrying out the purposes of the proposed act this clause also provides that the officers under the central excise act, 1944 shall be deemed to be the officers appointed under the proposed actclause 4 provides for appointment of officers in addition to the officers appointed under clause 3 of the proposed legislationclause 5 provides for powers to officers to discharge functions under the proposed actclause 6 provides for authorisation of state tax and union territory tax officers, subject to such conditions as shall be notified by the central government on recommendations of the council, to be proper officers for the purposes of the proposed actclause 7 provides the scope of supply this clause provides for activities to be treated as supply this clause further provides that certain activities, specified in schedule i of the proposed act, even made or agreed to be made without a consideration shall be treated as supply this clause also provides activities which are neither supply of goods nor supply of services clause 8 provides for the tax liability on a composite or a mixed supplyclause 9 provides for levy and collection of central tax on all intra-state supplies of goods or services or both except on the supply of alcoholic liquor for human consumption, on the value determined under clause 15 at a rate not exceeding forty per cent this clause further provides that—(i) central tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel to be levied with effect from a date notified by the central government on the recommendations of the council;(ii) the central government to notify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both, on the recommendations of the council;(iii) the central tax in respect of the supply of taxable goods or services or both by a supplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis;(iv) the central government may notify categories of services, the tax on intra-state supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, on the recommendations of the council clause 10 provides for composition levy it is an alternative method of levy of tax designed for small taxpayers whose turnover is upto prescribed limit this clause also provides that certain categories of supplies or suppliers cannot opt for composition levy a person opting to pay under this clause can neither take credit of taxes paid on inputs nor it can collect any tax from the recipientclause 11 confers powers on the central government to exempt either absolutely or conditionally goods or services or both of any specified description from the whole or part of the central tax, on the recommendations of the council it also confers powers on the central government to exempt from payment of tax any goods or services or both, by special order, on the recommendations of the councilclause 12 provides for time of supply of goods this clause extensively elaborates time of supply in normal situations, in reverse charge situations, in situations of supply of voucher and remainder situationsclause 13 provides for time of supply of services this clause extensively elaborates time of supply in normal situations, in reverse charge situations, in situations of supply of voucher and remainder situationsclause 14 provides for time of supply of goods or services or both where rate of tax changesclause 15 provides for value of taxable supply this clause provides that the value of a supply of goods or services or both shall be the transaction value, which is the price actually paid or payable given the conditions that the supplier and the recipient of the supply are not related and the price is the sole consideration for the supply this clause enumerates the items which are to be included in the value and the items which are not to be included in the value for the purpose of calculation of tax this clause also provides power to make rules of valuation in certain situationsclause 16 provides for eligibility, conditions and time period for taking input tax credit this clause provides that a registered person is entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his businessclause 17 provides for apportionment of input tax credit and blocked input tax credit this clause provides for the extent of apportionment of credit where the goods or services or both are used partly for the purpose of any business and partly for other purposes or where the goods or services or both are used by the registered person partly for effecting taxable supplies including zero-rated supplies this clause further provides for a specific mechanism of taking of input tax credit by a banking company or a financial institution including a non-banking financial company engaged in supplying services by way of accepting deposits, extending loans or advances this clause also provides the list of supplies on which input tax credit cannot be availed ofclause 18 provides for availability of credit in special circumstances like new registration, shifting from composition levy to normal levy, exempted supplies becoming taxable and vice versaclause 19 provides for special provision for taking input tax credit by a person(called "principal") who has sent inputs or capital goods for job work subject to prescribed conditionsclause 20 provides for an "input service distributor" who shall distribute the credit of input tax in prescribed manner and subject to specified conditionsclause 21 provides for manner of recovery of excess input tax credit distributed by the input service distributor along with interest thereonclause 22 seeks to create liability for registration on every supplier in the state or union territory from where he makes a taxable supply of goods or services or both, if his aggregate turnover in a financial year exceeds prescribed amount this clause creates liability for registration under the proposed act with effect from the appointed day on every person who is registered under an existing lawclause 23 provides that certain categories of persons are not liable for registrationclause 24 provides for compulsory registration of certain suppliers notwithstanding that their aggregate turnover is below the exempted threshold provided in clause 22clause 25 provides for procedure of registration this clause provides that every person who is liable to be registered shall apply for registration in every such state or union territory in which he is so liable within thirty days from the date on which he becomes liable to registration this clause further provides that a casual taxable person or a non-resident taxable person shall apply for registration at least five days prior to the commencement of business this clause also provides that every person who makes a supply from the territorial waters of india shall obtain registration in the coastal state or union territory where the nearest point of the appropriate base line is located this clause also provides for voluntary registration this clause also provides that certain organisations would be issued unique identity number mainly for the purpose of refund of taxes paid on inward suppliesclause 26 provides for deemed registration or rejection of application for registration under the proposed act where registration number or unique identity number has been issued or rejected under states goods and services tax actclause 27 provides for special provisions for a casual taxable person and a nonresident taxable personclause 28 provides for amendment of registration this clause also provides for deemed approval or rejection of amendment where any approval or rejection of amendments has been done under the state goods and services tax act or the union territory goods and services tax actclause 29 provides that the proper officer may, either on his own motion or on an application filed by the registered person or by his legal heirs, in case of death of such person, cancel the registration under certain specified circumstances this clause further provides that cancellation of registration under the state goods and services tax act or the union territory goods and services tax act, as the case may be, shall be deemed to be a cancellation of registration under the proposed actclause 30 provides for revocation of cancellation of registration where the registration had been cancelled by the proper officer on his own motion this clause further provides that the revocation of cancellation of registration under the state goods and services tax act or the union territory goods and services tax act, as the case may be, shall be deemed to be a revocation of cancellation of registration under the proposed actclause 31 provides for issuance of tax invoice within the prescribed period showing the prescribed particulars this clause also empowers the government to specify services, for which any other document issued in lieu of tax invoice, shall be deemed to be tax invoice and also specify services where no tax invoice is required to be issued this clause provides for issue of documents other than tax invoice in certain casesclause 32 prohibits an unregistered person to collect tax this clause also provides that a registered person shall collect tax in accordance with the provisions of the proposed actclause 33 provides that where any supply is made for a consideration, every person who is liable to pay tax for such supply shall prominently indicate the amount of tax forming part of the price in all documents relating to assessment, tax invoice and other like documentsclause 34 provides for issuance of a credit notes and debit notes in specified situations this clause also provides for maximum time and return in which details of credit note and debit note are required to be declaredclause 35 provides that every registered person shall keep and maintain at his principal place of business records showing true account of specified particulars this clause casts responsibility on owner or operator of warehouse or godown or any other place used for storage of goods and on every transporter to maintain specified records this clause empowers the commissioner to notify a class of taxable persons to maintain additional accounts or documents for specified purpose or to maintain accounts in other prescribed manner this clause provides that every registered person whose turnover during a financial year exceeds the prescribed limit shall get his accounts audited by a chartered accountant or a cost accountantclause 36 requires every registered person to retain books of account or other records until the expiry of seventy two months from the due date of furnishing of annual return for the year pertaining to such accounts and recordsclause 37 provides for manner and time of furnishing of the details of outward supplies by a registered person, other than certain specified categories of registered persons, and manner and time of communication of these details to the corresponding recipientsthis clause further provides for manner and time of acceptance or rejection of the details communicated from the recipients this clause also provides for manner of and time period for rectification of error or omission and payment of tax and interest, if any, as a consequence of the unmatched details of outward supplies with inward supplies of the recipientclause 38 provides for manner and time of furnishing of the details of inward supplies by a registered person, other than certain specified categories of registered persons, including verification, validation, modification or deletion of details of outward supplies furnished by the corresponding suppliers this clause further provides for manner and time of communication of the details of supplies, as modified or accepted by the recipient, to the corresponding supplier this clause also provides for manner and time period for rectification of error or omission and payment of tax and interest, if any, as a consequence to the unmatched detailsclause 39 provides for manner, conditions and time of furnishing of returns by different categories of registered persons this clause further provides that the tax is required to be paid by the due date of filing of return this clause also provides for the time limit upto which rectification of any omission or incorrect particulars in the return can be carried outclause 40 provides that every registered person who has made outward supplies in the period between the date on which he became liable to registration till the date on which registration has been granted shall declare the same in the first return furnished by him after grant of registrationclause 41 provides that every registered person shall be entitled to provisionally take the credit of eligible input tax subject to prescribed conditions and restrictions this clause further provides that the credit taken on provisional basis shall be utilised only for payment of output tax self-assessed in the return in which the credit on provisional basis is takenclause 42 provides for matching, in prescribed time and manner, of details of inward supplies furnished by a recipient for a tax period with the corresponding details this clause also provides for the consequences of mis-matchclause 43 provides for matching, in prescribed time and manner, of details of every credit note relating to outward supply furnished by a supplier for a tax period with the corresponding details this clause also provides for the consequences of mismatchclause 44 provides that every registered person, other than certain specified category of persons, shall furnish an annual return along with a copy of the audited annual accounts, a reconciliation statement and such other particulars as may be prescribedclause 45 provides that every registered person whose registration has been cancelled shall furnish a final return within prescribed periodclause 46 provides for issuance of notice to registered person who has failed to furnish a returnclause 47 provides for levy of fee for delayed filing of return clause 48 provides for the manner of approval of goods and services tax practitioner, their eligibility conditions, duties and obligations, manner of removal this clause also provides that a registered person may authorise a practitioner for filing of various returns, but all the responsibilities under the proposed act lie with the registered personclause 49 provides for payment of tax, interest, penalty and other amounts this clause further provides for maintenance of electronic cash ledger this clause provides that the input tax credit as self-assessed in the return of a registered person shall be credited to his electronic credit ledger this clause also provides for the manner in which the amount in the electronic cash ledger or electronic credit ledger can be used this clause also provides for the ordering of the utilisation of input tax credit for payment of tax, and provides restriction on certain cross-utilisation this clause also requires a person to discharge his liabilities in a given orderclause 50 provides for interest on delayed payment of tax this clause fixes the ceiling of interest rate in normal and other specified situationsclause 51 provides for deduction of tax at source by government departments, local authorities, government agencies and other notified persons, at the rate of one per cent from the payment made or credited to the supplier in specified situations this clause elaborates on date of deduction, date of payment of the deducted amount to the credit of government and filing of prescribed statementsclause 52 provides for collection of tax at source by an electronic commerce operator, at a notified rate where the consideration for supplies is to be collected by the operator this clause elaborates on date of collection, date of payment of the amount to the credit of government and filing of prescribed statementsclause 53 provides that on utilisation of input tax credit availed under the proposed act for payment of tax dues under the integrated goods and services tax act, the amount collected as central tax shall stand reduced by an amount equal to such credit so utilised and the central government shall transfer an amount equal to the amount so reduced from the central tax account to the integrated tax account in prescribed manner and timeclause 54 provides that refund of excess tax and interest or any other amount paid can be claimed before the expiry of two years from the relevant date this clause further provides that in case of zero-rated supplies and inverted tax structure, refund of unutilised input tax credit can be claimed this clause also provides for the time limit within which the refund application has to be decided  this clause also provides that in case of zero-rated supplies advance refund of ninety per cent can be granted this clause provides that a person claiming refund has to prove that he is not enriching himself unjustly by passing on the incidence of tax if the incidence of tax has been passed by the applicant to some other person then the tax or other amount which is otherwise refundable shall be credited to a fund called the consumer welfare fundclause 55 provides for refund of taxes paid on the notified supplies of goods or services or both received by specified person or class of personsclause 56 provides for payment of interest on delayed payment of refund it fixes the ceiling of interest rate in normal and other specified situationsclause 57 provides that tax and other amounts which are otherwise refundable barring unjust enrichment shall be credited to a consumer welfare fundclause 58 provides that the money in the consumer welfare fund would be used for the welfare of the consumers this clause also provides that the government or the authority specified by it shall maintain proper and separate account of the fund and prepare an annual statement of accountsclause 59 provides for self-assessment by every registered person clause 60 provides for provisional assessment on request by a taxable person in specified situations this clause provides for the manner of paying tax and also the manner and time limits for finalising of provisional assessmentclause 61 provides for scrutiny of returns and other particulars and manner of sorting out the discrepancies in the returns and also taking corrective measures for realisation of short-paymentclause 62 provides procedure of assessment of persons who have not filed returns by the due dates this clause provides that the proper officer may proceed to assess the tax liability of the non-filer to the best of his judgmentclause 63 provides procedure of assessment of persons who are not registered though they are liable to get registered this clause provides that the proper officer may proceed to assess the tax liability of the unregistered person to the best of his judgmentclause 64 provides for summary assessment in special circumstances with the permission of additional commissioner or joint commissionerclause 65 provides detailed procedure for conduct of audit of records, maintained by a registered person, to verify the correctness of tax liability and tax paymentclause 66 provides for audit of a registered person, under certain circumstances, by a chartered accountant or a cost accountantclause 67 provides for power and provides for the detailed procedure for carrying out search, seizure and inspection to unearth non-compliance of provisions of the proposed act this power can be exercised by an officer not below the rank of joint commissioner or by an officer authorised by joint commissionerclause 68 provides for inspection of goods in movement this clause provides that the government may require the person-in-charge of a conveyance carrying any consignment of goods of value exceeding specified amount to carry with him prescribed documents and devicesclause 69 provides for power to arrest a person who has committed certain specified offenceclause 70 provides for power to summon any person whose attendance is considered necessary in any inquiryclause 71 provides that any authorised officer shall have access to any place of business of a registered person for the purposes of carrying out any audit, scrutiny, verification and checks as may be necessary to safeguard the interest of revenueclause 72 provides for officers of police, railways, customs and other officers engaged in collection of land revenue to assist officers involved in implementation of the proposed actclause 73 provides for determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful misstatement or suppression of facts this clause further provides that the adjudication order will be issued within three years from the due date of filing of annual return for the year to which the discrepancy is noticed this clause also provides that the show cause notice is required to be issued at least three months prior to the time limit it has also been provided that scn need not be issued if tax along with interest is paid before issue of such notice this clause also provides that where any person chargeable with tax pays the tax along with interest within thirty days of issue of show cause notice, no penalty shall be payable and all proceedings in respect of the notice shall be deemed to be concludedclause 74 provides that in cases of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised, for reasons of fraud or wilful misstatement or suppression of facts, the adjudication order will be issued within five years from the due date of filing of annual return for the year to which the discrepancy is noticed further, the show cause notice is required to be issued at least six months prior to the time limit this clause also provides that such notice need not be issued if tax along with interest and penalty equal to fifteen per cent of tax is paid before issue of such notice this clause also provides that where any person chargeable with tax pays the tax along with interest and penalty equal to twenty five per cent of tax within thirty days of issue of show cause notice, all proceedings in respect of the notice shall be deemed to be concluded this clause also provides that where any person chargeable with tax pays the tax along with interest and penalty equal to fifty per cent of tax within thirty days of communication of order, all proceedings in respect of the notice shall be deemed to be concludedclause 75 provides for general provisions for determination of tax this clause provides that the period of stay, if any, would be excluded while calculating the time period for issuance of show cause notice or passing of order this clause further provides that the time period during which appeal is pending in any appellate fora would be excluded while calculating the time period for issuance of such notice or passing of order this clause also provides that no such notice needs to be issued for recovery of unpaid self-assessed tax as per return and interest thereon this clause also provides that the adjudication proceedings shall be deemed to be concluded, if the order is not issued within the statutory time limitclause 76 provides that any amount collected as tax, along with interest, from customers shall be paid to account of the government regardless of whether the supplies are taxable or not this clause further provides for issuance of a show cause notice for the amount collected but not deposited this clause also provides that the order needs to be issued within one year from the date of issuance of such noticeclause 77 provides for refund of central tax in situations where intra-state supplies are subsequently held to be inter-state suppliesclause 78 provides that any amount payable in pursuance of an order shall be paid by such person within a period of three months, except in certain specified cases, from the date of service of order failing which recovery proceedings shall be initiatedclause 79 provides for various modes of recovery of amount payable under the proposed actclause 80 provides for payment of arrears in a maximum of twenty-four instalments clause 81 provides that transfer of property would be void in certain specified circumstancesclause 82 provides that liabilities under the proposed act shall be the first charge on the property of the taxable person, save as otherwise provided in the insolvency and bankruptcy code, 2016clause 83 provides that during the pendency of any proceedings under certain sections of the proposed act, the commissioner by order in writing attach provisionally any property for a period of one year from the date of the order for provisional attachmentclause 84 provides for continuation and validation of certain recovery proceedingsclause 85 provides that where a taxable person transfers his business in whole or in part, the taxable person and the person to whom the business is so transferred shall, jointly and severally, be liable wholly or to the extent of such transfer, to pay the tax, interest or any penalty due from the taxable person upto the time of such transferclause 86 provides that where an agent supplies or receives any taxable goods on behalf of his principal, such agent and his principal shall, jointly and severally, be liable to pay the tax payable on such goodsclause 87 provides for the liability of companies when two or more companies are amalgamated or merged in pursuance of an order of court or of tribunal or otherwiseclause 88 provides for the liability of company and its directors when any company is being wound upclause 89 provides for the liability of director of a private company clause 90 provides for the liability of the firm and each of the partners of the firm clause 91 provides for the liability of guardians and trustees acting on behalf of a minor or other incapacitated personclause 92 provides for the liability of the court of wards, the administrator general, the official trustee or any receiver or managerclause 93 provides for special provisions regarding liability to pay tax, interest or penalty in certain casesclause 94 provides for liability where a taxable person is a firm or an association of persons or a hindu undivided family and such firm, association or family has discontinued businessclause 95 contains definitions of the terms and expressions used in the chapter on advance rulingclause 96 provides that the authority for advance ruling constituted under the provisions of a state goods and services tax act or union territory goods and services tax act shall be deemed to be the authority for advance ruling in respect of that state or union territory under the proposed actclause 97 provides for form, manner and fee for filing of an application for advance ruling this clause also lists the nature of questions on which advance ruling can be soughtclause 98 provides for the detailed procedure for filing of an application for advance ruling this clause provides that the advance ruling is to be pronounced within ninety days from the date of receipt of applicationclause 99 provides that the appellate authority for advance ruling constituted under the provisions of a state goods and services tax act or a union territory goods and services tax act shall be deemed to be the appellate authority in respect of that state or union territory under the proposed actclause 100 provides that any party aggrieved by any advance ruling may appeal to the appellate authority within a period of thirty days from the date on which the ruling sought to be appealed against is communicatedclause 101 provides that the appellate authority shall pass order within a period of ninety days from the date of filing of the appeal or a reference this clause also provides that where the members of the appellate authority differ on any point referred to in appeal or reference; it shall be deemed that no advance ruling can be issued in respect of the question under the appeal or referenceclause 102 provides that the authority or the appellate authority may amend any order passed by it so as to rectify any error apparent on the face of the record, except under certain specified circumstances, within a period of six months from the date of the order clause 103 provides that the advance ruling shall be binding only on the applicant and on the concerned officer or the jurisdictional officer in respect of the applicant this clause also provides that the advance ruling shall be binding unless there is a change in law or factsclause 104 provides that the advance ruling shall be void where the ruling has been obtained by fraud or suppression of material facts or misrepresentation of factsclause 105 provides that the authority or the appellate authority shall have all the powers of a civil court under the code of civil procedure, 1908 for the purpose of exercising its powers under the proposed actclause 106 provides that the authority or the appellate authority shall have power to regulate its own procedureclause 107 provides the tax payer or the department may appeal against any decision or order passed by an adjudicating authority  under the proposed act or the state goods and services tax act or the union territory goods and services tax act within three months or six months respectively the clause provides for a pre-deposit of ten per cent for admittance of the appeal filed by the tax payer and grant of automatic stay on the remaining amountclause 108 provides power of revision to the commissioner the clause provides that the revisional authority, on his own motion, or upon request from commissioner of state tax or the commissioner of union territory tax may revise an order passed by an officer subordinate to him if he considers it to be erroneous and prejudicial to the interest of revenueclause 109 provides for constitution of appellate tribunal for hearing appeals against the orders passed by the appellate authority or the revisional authority the clause provides for formation of national, regional, state and area benchesclause 110 provides for the qualification, appointment, conditions of services, removal of the president and members of the appellate tribunalclause 111 provides for the procedure to be followed by the appellate tribunal while disposing of any proceedings before it or appeal presented before itclause 112 provides for the detailed procedure for filing of appeal before the appellate tribunal the clause further provides for filing of appeal by order passed under the state goods and services tax act and the union territory goods and services act to be appealed in the tribunal the clause also provides for a pre-deposit of twenty per cent of amount of tax in dispute for admittance of appeal filed by the taxpayer in the appellate tribunal and grant of automatic stay on the remaining amountclause 113 provides for the process to be followed by appellate tribunal while confirming, modifying or annulling the decision or order against which an appeal has been filedclause 114 provides for financial and administrative power of the president of the appellate tribunal over the national and regional benchesclause 115 provides for payment of interest where the pre-deposits are required to be refunded consequent to any order of the appellate authority or of the appellate tribunalclause 116 provides for qualification, disqualification and other procedures relating to authorised representativeclause 117 provides that the appeals to the high court can be filed by a person, aggrieved by an order of the state bench or area bench of the tribunal, within one hundred and eighty days this clause also provides that the high court may admit the appeal on substantial question of lawclause 118 provides for appeal before the supreme court from an order of the national bench or regional benches of the appellate tribunal, or from any judgment given or order passed by the high courtclause 119 provides that sums due to the government in accordance with an order passed by the national, regional, state, area bench or a high court shall be payable notwithstanding that an appeal has been preferred to the high court or the supreme courtclause 120 confers powers on the board to issue orders or instructions or directions fixing monetary limits below which appeals will not be filed by the departmentclause 121 provides for matters in which any decision taken or order passed by an officer of central tax cannot be appealed againstclause 122 provides for a list of offences such as supply of goods without invoice, issue of invoice without supply, etc, which shall be liable to penalty the clause also provides for offences such as aiding or abetting offences specified, fails to appear on a summon, etc, will be liable of a penalty of twenty-five thousand rupeesclause 123 provides for a penalty for failure to furnish information return under clause 150clause 124 provides for a fine on any person who fails to furnish any information or return under clause 151clause 125 provides for a general penalty extending to twenty-five thousand rupees for any contravention to the provisions of the proposed act and where no penalty has been separately specified for such contraventionclause 126 provides for general disciplines which shall be followed by the officer imposing penalty under the proposed actclause 127 provides for the proper officer to impose penalty which is not covered under any proceedings under specified clauses of the proposed actclause 128 confers power to the government to waive penalty in part or full, any penalty referred to in specified sections of the proposed act or any late fee for specified class of taxpayers and under specified circumstancesclause 129 provides for provisions relating to detention, seizure and release of goods and conveyances in transit this clause also provides for penalty which shall be payable for release of such goodsclause 130 provides for provisions relating to confiscation of goods or conveyances this clause also provides for a fine which shall be payable for release of such goodsclause 131 clarifies that confiscation made or penalty imposed under the provisions of the proposed act should not prevent the infliction of any other punishment imposed under provisions of the proposed act or under any other law for the time being in forceclause 132 provides for a list of offences which shall be punishable with gradation of fine and imprisonment depending on the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken this clause also provides for offences which shall be non-cognisable and bailable or cognizable and non-bailableclause 133 provides for punishment and imprisonment for wrongful declaration of information by any person engaged in connection with the collection of statistics under clause 151 or any person engaged in connection with the provision of service on the common portal or the agent of common portalclause 134 provides for restriction to courts to take cognizance of any offence under the proposed act or the rules made thereunder except with the previous sanction of the commissionerclause 135 provides presumption of culpable mental state by the court unless otherwise proved by the accusedclause 136 provides for relevancy of the statements made and signed by a person on appearance in response to any summonsclause 137 provides that if the person who committed an offence is a company, the person who was in charge and responsible for the conduct of business of the company shall be deemed to be guilty of the offence and punished accordinglyclause 138 provides for compounding of any offence under the proposed act, either before or after the institution of prosecution, by the commissioner on payment of a prescribed compounding amountclause 139 provides for migration of taxpayers registered under the existing law to be issued provisional registration under the proposed act, if the said taxpayer is required to be registered under the provisions of the proposed actclause 140 provides for transitional arrangements for carrying forward of input tax credit available under the existing lawclause 141 provides for transitional provisions relating to job work clause 142 provides for miscellaneous provisions for transition of existing tax payers in various situationsclause  143 provides for the procedure and conditions for sending any inputs or capital goods, without payment of tax to a job worker for job-workclause  144 provides for presumption to be made for documents tendered by the prosecution in evidence unless the contrary is proved by the person being prosecutedclause 145 provides for admissibility of micro films, facsimile copies of documents and computer printouts as evidenceclause 146 provides for notification of the common goods and services tax electronic portal for facilitating registration, payment of tax, furnishing of returns, computation and settlement of integrated tax, electronic way bill and other functionsclause 147 confers powers on the government to notify certain supplies of goods as deemed exports on the recommendations of the councilclause  148 confers powers on the government to notify certain classes of registered persons, and the special procedures to be followed by such persons on the recommendations of the councilclause  149 provides for the assignment and provision of parameters for goods and services tax compliance ratingclause 150 provides for list of persons who are obligated to furnish information return and the procedure to be followed by such personsclause 151 confers powers on the commissioner to direct collection of statistics relating to any matter in connection with the proposed actclause 152 provides for situations and instances where there is a bar on disclosure of information required under clause 151clause 153 confers powers on officers to take assistance of any expert at any stage of scrutiny, inquiry, investigation or any other proceedingsclause 154 provides for the power of the commissioner or an officer authorised by him to take samples of goods from the possession of any taxable personclause 155 provides that the burden of proving rightful claim of input tax credit will lie on the person claiming the creditclause 156 provides that all persons discharging functions under the proposed act shall be deemed to be public servants within the meaning of section 21 of the indian penal code, 1860clause 157 provides that no suit, prosecution or other legal proceedings shall lie against the president, state president, members, officers or other employees of the appellate tribunal or any other officer appointed or authorised under the proposed act for anything which is in good faith done or intended to be done under the proposed act or rules made thereunderclause 158 provides that no particulars contained in any statement made, return furnished or accounts or documents produced in accordance with the proposed act should be disclosed the clause also provides for specific circumstances under which such information can be disclosedclause 159 confers power on the commissioner, or any other officer authorised by him to publish the name of any person and any other particulars relating to any proceedings or prosecution under the proposed act if it is necessary in public interest to do soclause 160 provides that no assessment, re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings done, accepted, made, issued, initiated, or purported to have been done, accepted, made, issued, initiated in pursuance of any of the provisions of the proposed act shall be invalid or deemed to be invalid merely by reason of any mistake, defect or omissionclause 161 provides that any authority can rectify any error which is apparent on the face of record in any decision or order or notice or certificate or any other documentclause 162 restricts civil courts to have jurisdiction to deal with or decide any question arising from or relating to anything done under the proposed actclause 163 provides that a fee may be charged for a copy of any order or document provided to any person on an application made by himclause 164 confers powers on the central government to make rules for carrying out the provisions of the proposed act on recommendations of the councilclause 165 confers powers on the board to make regulations for carrying out the provisions of the proposed actclause 166 provides for laying of rules, regulations and notifications made by the central government before each house of the parliamentclause 167 provides that the commissioner may direct that any power exercisable by any authority or officer under the proposed act may be exercisable also by another authority or officer, subject to specified conditionsclause 168 confers powers to the board to issue orders, instructions or directions to the central tax officers for uniform implementation of the provisions of the proposed actclause 169 provides for methods which should be followed for communication of any decision, order, summons, notice or other communication under the proposed actclause 170 provides for rounding off of tax, interest, penalty, fine or any other sum payable and the amount of refund or any other sum dueclause 171 provides that it is mandatory to pass on the benefit due to reduction in rate of tax or from input tax credit to the consumer by way of commensurate reduction in pricesclause 172 confers powers on the central government to make such provisions not inconsistent with the provisions of the proposed act or the rules or regulations by a general or special order, on the recommendations of the council within a period of three years from the date of commencement of the proposed actclause 173 provides for omitting chapter v of the finance act, 1994, save as otherwise provided in the proposed actclause 174 provides repeal of certain acts and savings of certain actions financial memorandumclause 53 of the bill provides for apportionment of tax and settlement of funds on account of transfer of utilisation of input tax credit under this bill for the payment of tax dues under the integrated goods and services tax by the central government2 clause 96 of the bill provides for the establishment of an authority for advance ruling under the state goods and services tax act or union territory goods and services tax act and adoption of the same under the central goods and services tax act3 clause 99 of the bill provides for the establishment of an appellate authority for advance ruling under the state goods and services tax act or union territory goods and services tax act and adoption of the same under the central goods and services tax act4  sub- clause (1) of clause 109 of the bill provides for the establishment of the goods and services tax appellate tribunal by the central government for hearing appeals against the orders passed by the appellate authority or the revisional authority sub-clause (8) of clause 110 of the bill provides for the salary and allowances payable to the president and members of the appellate tribunal5 sub- clause (2) of clause 171 of the bill provides for establishment of an authority for an anti-profiteering clause in order to ensure that business passes on the benefit of reduced tax incidence on goods or services or both to the consumers6 the total financial implications in terms of recurring and non-recurring expenditure involved in carrying out the various functions under the proposed legislation would be borne by the central government most of the existing officers and staff of the central board of excise and customs would be used for carrying out the various functions under the bill however, it is not possible to estimate the exact recurring and non-recurring expenditure from the consolidated fund of india at this stage memorandum regarding delegated legislationclause 164 of the central goods and services bill, 2017 seeks to empower the central government to make rules, inter alia, in the following matters, namely:—(a) collection of taxes under section 9; (b) restrictions and conditions applicable to person opting for composition levy on under section 10;  (c) value of the supply of goods or services or both under section 15; (d) conditions and restrictions on availing input tax credit and categories of tax paying documents under section 16; (e) depreciation on capital goods and plant and machinery as specified under section 18; (f) conditions and restrictions to allow input tax credit on inputs sent to a job-worker for job-work under section 19; (g) conditions and restrictions to allow input tax credit on capital goods sent to a job worker for job work under section 19; (h) manner of distribution of input tax credit by input service distributor under section 20; (i) manner and conditions for getting registered under section 25; (j) conditions for getting separate registration for business vertical under section 25; (k) period in which tax invoice is to be issued under section 31; (l) particulars to be declared on a tax invoice and a time in which such invoices are to be issued under section 31; (m) particulars to be declared on a credit or debit note under section 34; (n) particulars required to be maintained by a registered person at his principal place of business under section 35; (o) form and manner in which details of outward supplies are to be declared under section 37; (p) form and manner in which details of inward supplies are to be declared under section 38; (q) form and manner in which a return is to be filed by the registered person under section 39; (r) conditions and restrictions for provisional acceptance and claim of input tax credit under section 41; (s) calculation of interest on delayed payment of tax under section 50; (t) manner in which tax is to be deducted at source under section 51; (u) manner in which tax is to be collected at source under section 52; (v) manner and time for transfer of input tax credit under section 53; (w) form and manner in which application of refund is to be made under section 54; (x) condition and restrictions on refund in certain cases under section 55; (y) manner in which consumer welfare fund is to be constituted under section 57; (z) manner in which consumer welfare fund is to be utilised under section 58; (za) form in which a bond for provisional assessment is to be filed under section 60; (zb) manner in which returns are to be scrutinised under section 61; (zc) frequency and manner in which audit will be taken by tax authorities under section 65; (zd) manner in which advance ruling pronounced is to be certified under section 98; (ze) form, manner and fee for appeal to appellate authority under section 100; (zf) manner in which advance ruling pronounced by the appellate authority is to be certified under section 101;(zg) appeals to appellate authority under section 107; (zh) constitution of selection committee and their manner of working for selection of the technical member (centre) and technical member (state) of the national bench and regional benches under section 110; (zi) verification of memorandum of cross objection under section 112; (zj) manner in which president exercise his financial and administrative powers under section 114; (zk) time, form and manner in which persons furnish information return under section 150; (zl) form and manner in which statistics is to be collected under section 151; (zm) fee for taking a copy of any order or document under section 163; (zn) powers and discharge such functions under section 171; and (zo) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules 2  clause 165 of the bill empowers the board to make regulations to provide for any matter which is required to be, or may be, specified by regulation or in respect of which provision is to be made by regulations3  the matters in respect of which the said rules and regulations may be made are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself the delegation of legislative power is, therefore, of a normal character———— a billto make a provision for levy and collection of tax on intra-state supply of goods or servicesor both by the central government and the matters connected therewith or incidental thereto————(shri arun jaitley, minister of finance and corporate affairs)gmgipmrnd—5426ls(s3)—23-03-2017