MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 8h July, 2017/Ashadha
17, 1939 (Saka)
THE CENTRAL GOODS AND SERVICES TAX
(EXTENSION TO JAMMU AND KASHMIR)
ORDINANCE, 2017
No. 3 of 2017
Promulgated by the President in the
Sixty-eighth Year of the Republic of India.
An Ordinance to provide for the extension of the Central Goods and Services
Tax Act, 2017 to the State of Jammu and Kashmir.
WHEREAS the Central Goods and Services Tax has been introduced in the whole
of India except the State of Jammu and Kashmir with effect from the 22nd day
of June, 2017;
AND WHEREAS the Legislative Assembly of the State of Jammu and Kashmir has
passed the resolution adopting the provisions of the Constitution (One
Hundred and First Amendment) Act, 2016;
AND WHEREAS Constitution (Application to Jammu and Kashmir) Amendment Order,
2017 has been issued by the President extending the provisions of the
Constitution (One Hundred and First Amendment) Act, 2016 to the State of
Jammu and Kashmir;
AND WHEREAS the State of Jammu and Kashmir has proposed to implement the
goods and services tax in the said State with effect from the 8th day of
July, 2017;
AND WHEREAS the provisions of the Central Goods and Services Tax Act, 2017
are required to be extended to the State of Jammu and Kashmir;
AND WHEREAS Parliament is not in session and the President is satisfied that
circumstances exist which render it necessary for him to take immediate
action;
NOW, THEREFORE, in exercise of the
powers conferred by clause (/) of article 123 of the Constitution, the
President is pleased to promulgate the following Ordinance:—
1. (1) This Ordinance may be called the Central Goods and Services Tax
(Extension to Jammu and Kashmir) Ordinance, 2017.
(2) It shall come
into force at once.
2. (1) The Central Goods and Services Tax Act, 2017(hereinafter referred to
as the principal Act) and all rules, notifications and orders made
thereunder by the Central Government are hereby extended to, and shall be in
force in, the State of Jammu and Kashmir.
(2) With effect from the date of commencement of this Ordinance, in the
principal Act,—
(a) in
section 1, in sub-section (2), the
words "except the State of Jammu and Kashmir" shall be omitted;
(b) in section 22, in the Explanation,
in clause (m), after the word "Constitution" the words "except the State of
Jammu and Kashmir" shall be inserted;
(c) in
section 109, in sub-section (6),—
(i) after the words "each State or Union territory", the words "except for
the State of Jammu and Kashmir" shall be inserted;
(ii) in the first proviso, for the words "Provided that", the following
shall be substituted, namely:—
"Provided that for the State of Jammu
and Kashmir, the State Bench of the Goods and Services Tax Appellate
Tribunal constituted under this Act shall be the State Appellate Tribunal
constituted under the Jammu and Kashmir Goods and Services Tax Act, 2017:
Provided further that'';
(iii) in the second proviso, for the words' 'Provided further that", the
words' 'Provided also that" shall be substituted.
PRANAB MUKHERJEE, President.
DR. G. NARAYANA RAJU, Secretary to
the Govt, of India.