Amendment status not verified — confirm the current text below against the official source.
(1) Subject to the provisions of sub-section (2), there shall be levied a tax called Nagaland goods and services tax on all intra- Levy and collection 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 maybe prescribed and shall be paid by the taxable person. (2) The State 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 Council. (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 reserve 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 both. (4) The State 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 reserve 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 both. (5) The Government may, on the recommendations of the Council, by notification, specify categories of Services the tax on the intra-State supplies of which shall be paid by the electronic commerce operator if 387 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 payingthe tax in relation to the supply of such service: 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 purposes in the taxable territory shall be liable to paytax: Provided 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 paytax. 10 (1) Notwithstanding anything to the contrary contained in this Act but subject to the provisions of sub-sections (3) and (4) of section Composition 9, a registered person, who aggregate turnover in the Levy preceding financial year did not exceed fifty lakh rupees may opt to pay, in lieu of the tax payable by him, and amount calculated at such rate as maybe prescribed, but not exceeding,- (a) one percent. of the turnover in State in case of a manufacturer, (b) two and a halfper cent. of the turnover in a State in case of persons engaged in making supplies referred to in clause (b) of paragraph 6 of schedule II, and (c) half per cent. of the turnover in State in case df 0th ersuppliers, Subjects to such conditions and restrictions as maybe prescribed: Provided that the Government may, by notification, increase the said limit of fifty lakhs 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- (a) he is not engaged in the supply of services other than supplies referred to in clause (b) of paragraph 6of schedule II; 388 (b) he is not engaged in making any supply of goods which are not leviable to tax underthis Act; (c) he is not engaged in making any inter-State outward supplies of goods; (d) he is not engaged on making any supply of goods through an lectronic commerce operator who is required to collect tax atsource under section 52; and (e) he is not a manufacturer of such goods as may be notified by the Government on the recommendations of the Council: Provided that where more than one registered person are having the same Permanent Account Number (issued under 43 of Act 1961, the Income tax registered person shall not be eligible to opt for the scheme under sub-section (1) unless all such registered person opt to paytax underthat 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). (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 tax. (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 penalty. 389