MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 30th August, 2018/Bhadrapada 8, 1940 (Saka)
The following Act of Parliament received the assent of the President on the 29th
August, 2018, and is hereby published for general information:
THE INTEGRATED GOODS AND SERVICES TAX (AMENDMENT)
ACT, 2018
NO. 32 OF 2018
[29th August, 2018.]
An Act further to amend the Integrated Goods and Services Tax Act, 2017.
BE it enacted by Parliament in the Sixty-ninth
Year of the Republic of India as follows:
Short title and commencement
1. (1) This Act may be called the Integrated Goods and Services
Tax (Amendment) Act, 2018.
(2) It shall come into force on such date as the
Central Government may, by notification in the Official Gazette, appoint:
Provided that
different dates may be appointed for different provisions of this Act and any
reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
Amendment of section 2.
2. In section 2 of the Integrated Goods and Services Tax
Act, 2017 (hereinafter referred to as the principal Act),
(i) in clause (6), in sub-clause
(iv), after the words "foreign exchange", the words "or in Indian rupees
wherever permitted by the Reserve Bank of India" shall be
inserted;
(ii) in clause (16), in the
Explanation, in the long line, after the words "function entrusted", the words,
figures and letter "to a Panchayat under article 243G or" shall
be inserted.
Amendment of section 5.
3. In section 5 of the principal Act, for sub-section (4),
the following sub-section shall be substituted, namely:
"(4) The Government may, on the
recommendations of the Council, by notification, specify a class of registered
persons who shall, in respect of supply of specified categories of goods or
services or both received from an unregistered supplier, pay the tax on reverse
charge basis as the recipient of such supply of 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 such supply of goods or services
or both.".
Amendment of section 8.
4. In section 8 of the principal Act, in sub-section
(2), in Explanation 1, in clause (iii), the words, being a business vertical
shall be omitted.
Amendment of section 12.
5. In section 12 of the principal Act, in sub-section (8),
the following proviso shall be inserted, namely:
"Provided that
where the transportation of goods is to a place outside India, the place of
supply shall be the place of destination of such goods.".
Amendment of section 13.
6. In section 13 of the principal Act, in sub-section (3),
in clause (a), for the second proviso, the following proviso shall be
substituted, namely:
"Provided further
that nothing contained in this clause shall apply in the case of services
supplied in respect of goods which are temporarily imported into India for
repairs or for any other treatment or process and are exported after such
repairs or treatment or process without being put to any use in India, other
than that which is required for such repairs or treatment or process;".
Amendment of section 17.
7. In section 17 of the principal Act, after sub-section
(2), the following sub-section shall be inserted, namely:
"(2A).
The amount not apportioned under sub-section (1) and sub-section (2) may, for
the time being, on the recommendations of the Council, be apportioned at the
rate of fifty per cent. to the Central Government and fifty per cent. to the
State Governments or the Union territories, as the case may be, on ad hoc basis
and shall be adjusted against the amount apportioned under the said
sub-sections.".
Amendment of section 20.
8. In section 20 of the principal Act, after the
fourth proviso, the following proviso shall be inserted, namely:
"Provided also that where the appeal is to be filed before the Appellate
Authority or the Appellate Tribunal, the maximum amount payable shall be fifty crore rupees and one hundred crore rupees respectively..
DR. REETA VASISHTA,
Additional Secretary to the Govt. of India.