The Punjab Goods &amp The Service Tax Act, 2017

punjab · 2017

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

S. 1Section defines types of transfers in goods and services as supplies under the Punjab Goods & Service Tax Act, 2017.
S. 2Section 2 defines key terms used in the Punjab Goods & Service Tax Act, 2017, including "actionable claim," "address of delivery," and "adjudicating authority."
S. 3Section exempts certain duties performed by parliamentarians, constitutional office holders, and officials in government bodies from tax.
S. 4Section 4 sets the financial year ending March 2016 as the base year for calculating compensation during the transition to GST.
S. 5Section 5 defines various services as taxable supplies under the Punjab Goods & Service Tax Act, 2017.
S. 6Actionable claims, other than lottery, betting and gambling
S. 7Section 7 defines "supply" for the act, including various forms of goods and services transactions, with exceptions for certain activities.
S. 8Section 8 determines tax liability for composite or mixed supplies, treating them as the principal or highest-taxed supply.
S. 9Section 9 of the Punjab Goods & Service Tax Act, 2017 levies a state tax on intra-state supplies of goods or services, except alcoholic liquor, and allows reverse charge for unregistered suppliers.
S. 10Section 10 allows small registered persons in Punjab to pay a fixed composition fee instead of regular tax, based on their turnover.
S. 11Section 11 allows the government to exempt certain goods or services from tax if it's deemed necessary for public interest.
S. 12Section 12 determines when tax on goods becomes payable, establishing the time of supply as the earlier of invoice date or payment date.
S. 13Section 13 determines when tax on services becomes payable, identifying the earliest date of supply based on invoice, payment, or service provision.
S. 14Section 14 determines the time of supply for goods or services when there is a change in tax rates.
S. 15Section 15 defines the value of taxable supply under the Punjab Goods & Service Tax Act, 2017, including transaction value and specific additional costs.
S. 16Section 16 outlines conditions for registered persons to claim input tax credit on goods or services used in business.
S. 17Section 17 restricts input tax credit to business-related use and allows banks/financial institutions to opt for 50% monthly credit.
S. 18Section 18 allows registered persons to claim input tax credit for goods and services held in stock before becoming liable to pay tax.
S. 19Section 19 allows input tax credit for goods and services sent to job workers for job work, even if not returned.
S. 20Section 20 outlines the method for Input Service Distributors to distribute input tax credit under Punjab's Goods & Service Tax Act.
S. 21Section 21 mandates recovery of excess credit distributed by Input Service Distributors, with applicable interest and provisions for amount determination.
S. 22Section 22 mandates registration under the Punjab Goods & Service Tax Act for suppliers with a turnover exceeding specified limits, including transfers and amalgamations.
S. 23Section exempts certain businesses and agriculturists from registration under the Punjab Goods & Service Tax Act.
S. 24Section 24 mandates registration for specific categories of persons making inter-State supplies, casual supplies, reverse charge, and others under the Punjab Goods & Service Tax Act, 2017.
S. 25Section 25 outlines the registration requirements for businesses under the Punjab Goods & Service Tax Act, 2017.
S. 26Section 26 links Punjab GST Act registration to Central GST Act registration, deeming Central rejections as Punjab rejections.
S. 27Section 27 outlines registration, advance tax deposits, and crediting for casual and non-resident taxable persons in the Punjab Goods & Service Tax Act, 2017.
S. 28Section 28 mandates registered persons to update registration details with the proper officer and outlines the officer's approval process for amendments.
S. 29Section 29 allows the proper officer to cancel a registration if the business is discontinued, changed, or if the person is no longer liable or has failed to comply with tax regulations.
S. 30Section 30 allows a registered person whose registration is cancelled to apply for its revocation within 30 days.
S. 31Section 31 mandates registered persons to issue tax invoices for goods and services supplied, with exceptions and conditions specified by the government.
S. 32Section 32 prohibits unregistered persons from collecting tax and mandates registered persons to follow the Act's provisions.
S. 33Section mandates tax indication on all documents for supplies made for consideration.
S. 34Section 34 outlines procedures for issuing credit and debit notes for correcting tax invoices in goods and services transactions.
S. 35Section 35 mandates registered persons to maintain detailed accounts of goods and services transactions and allows for electronic record-keeping.
S. 36Section 36 mandates retention of books of account for seven years or longer if involved in legal proceedings or investigations.
S. 37Section 37 mandates registered persons to electronically report outward supply details by the tenth day after the tax period, with provisions for time extensions.
S. 38Section 38 mandates registered persons to electronically submit inward supply details by the 15th day of the following month.
S. 39Section 39 mandates registered persons to electronically file monthly tax returns on supplies, tax credits, and payments.
S. 40Section 40 requires registered persons to declare outward supplies made before registration in their first return post-registration.
S. 41Registered persons can claim provisional credit for eligible input tax to pay their self-assessed output tax.
S. 42Section 42 mandates matching inward supply details with outward supply and integrated customs tax for input tax credit claims.
S. 43Section 43 details the matching and communication process for input tax credit claims and discrepancies in output tax liability.
S. 44Section 44 mandates registered persons to electronically submit annual returns and audited accounts by December 31.
S. 45Section 45 mandates a cancelled registered person to submit a final return within three months of cancellation.
S. 46Section 46 mandates issuing a notice to a registered person to submit a missing tax return within fifteen days.
S. 47Section 47 imposes late fees for non-compliance with return filing deadlines under the Punjab Goods & Service Tax Act, 2017.
S. 48Section 48 outlines the approval, duties, and responsibilities of approved tax practitioners in filing supply details and returns.
S. 49Section 49 outlines the crediting and utilization of electronic cash and credit ledgers for tax payments under the Punjab Goods & Services Tax Act, 2017.
S. 50Section 50 imposes interest on late tax payments and undue input/output tax credit claims in Punjab GST Act.
S. 51Section 51 mandates the deduction of one percent tax from payments over INR 2.5 lakh for inter-state supply of goods/services, to be paid to the government within ten days.
S. 52Section 52 mandates electronic commerce operators to collect and report a tax on behalf of other suppliers, with payments due within ten days.
S. 53Section 53 allows reduction in State tax when input tax credit is used for Integrated Goods and Services Tax, transferring the reduced amount to the integrated tax account.
S. 54Section 54 outlines the conditions and timelines for claiming tax refunds under the Punjab Goods & Service Tax Act, 2017.
S. 55The section allows the government to specify entities eligible for tax refund on supplies received.
S. 56Section 56 mandates interest on delayed tax refunds, up to 6% or 9% depending on finality of the order.
S. 57Section 57 establishes a Consumer Welfare Fund to receive specified tax amounts, investment income, and other prescribed monies.
S. 58Section 58 mandates the government to use funds for consumer welfare and maintain records for annual accounts.
S. 59Section 59 mandates registered persons to self-assess and report taxes for each tax period.
S. 60Section 60 allows provisional tax payments when the taxable value or rate is uncertain, with a final assessment within six months.
S. 61Section 61 allows the proper officer to scrutinize tax returns and initiate corrective actions if discrepancies are not satisfactorily explained.
S. 62Section 62 allows the proper officer to assess tax liability if a registered person fails to file required returns, even after notice.
S. 63The section allows the proper officer to assess and issue tax orders for unregistered or cancelled taxable persons within five years.
S. 64Section 64 allows proper officers to assess tax liabilities without prior returns, with appeal options if orders are deemed erroneous.
S. 65Section 65 allows tax authorities to audit registered persons' records and extend the audit period if necessary.
S. 66Section 66 allows Assistant Commissioners to order audits of registered persons' records if they suspect incorrect value declarations or excessive credit use, with prior Commissioner approval.
S. 67Section 67 authorizes state tax officers to inspect and seize goods or documents suspected of tax evasion under the Punjab Goods & Service Tax Act, 2017.
S. 68Section 68 mandates the government to require conveyances carrying valuable goods to carry specified documents and devices, which must be produced for inspection if intercepted.
S. 69Section 69 authorizes state tax officers to arrest individuals for specified tax offenses and outlines procedures for bail and custody.
S. 70Section 70 empowers proper officers to summon individuals for evidence or documents in inquiries, treating such inquiries as judicial proceedings.
S. 71Section 71 grants officers access to a registered person's business premises to inspect records for tax audits and verification.
S. 72Section 72 mandates specified government officers to assist in implementing the Punjab Goods & Service Tax Act, with potential for additional officers to be empowered by the government.
S. 73Section 73 mandates proper officers to issue notices to taxpayers for unpaid or short-paid tax or erroneous refunds, requiring them to show cause for specified amounts and penalties.
S. 74Section 74 mandates the proper officer to issue notices for tax evasion or fraud, requiring the liable party to pay the tax, interest, and penalty.
S. 75Section 75 outlines procedures for stays, determinations, and hearings in tax cases under the Punjab Goods & Service Tax Act, 2017.
S. 76Section 76 mandates tax collectors to pay collected tax to the government and imposes penalties for non-compliance.
S. 77Section 77 allows refunds for taxes paid on transactions later deemed inter-State, and no interest for intra-State transactions wrongly taxed.
S. 78Section 78 mandates payment of tax within three months, with possible shorter periods at the officer's discretion.
S. 79Section 79 outlines methods for recovering unpaid taxes or fees under the Punjab Goods & Service Tax Act, 2017.
S. 80Section 80 allows the Commissioner to extend tax payment in monthly installments, with default triggering immediate full payment.
S. 81Section 81 voids property transfers intended to defraud government revenue, unless made for adequate consideration, in good faith, or with proper officer's permission.
S. 82Section 82 prioritizes tax, interest, and penalty payments as first charges on a taxable person's property.
S. 83Section 83 allows the Commissioner to provisionally attach a taxable person's property to protect government revenue during tax proceedings.
S. 84Section 84 allows continuation of tax recovery proceedings without a new notice if government dues are enhanced on appeal, and permits reduction without a new notice if dues are reduced.
S. 85Section 85 ensures joint liability for tax, interest, and penalties for a business transfer and requires the new owner to register and pay tax from the transfer date.
S. 86Section 86 makes agents and principals jointly liable for tax on goods supplied or received on behalf of the principal.
S. 87Section 87 specifies that transactions between merging companies before the effective date are included in their turnover for tax purposes.
S. 88Section 88 mandates liquidators to inform the Commissioner on appointment and holds directors liable for unpaid taxes if recoverable.
S. 89Section 89 holds directors of private companies jointly liable for unrecovered taxes, unless they prove no negligence.
S. 90Section 90 makes all partners jointly and severally liable for tax, interest, or penalty, with specific rules for retired partners' liability.
S. 91The section holds guardians, trustees, or agents responsible for tax, interest, or penalties for businesses of minors or incapacitated persons, treating them as if the person were fully capable.
S. 92Section 92 allows tax, interest, or penalty to be levied on the Court of Wards, Administrator General, or receiver managing a business estate.
S. 93Section 93 outlines liability for tax, interest, or penalty when a taxable person dies or a business is dissolved or partitioned.
S. 94Section 94 outlines the liability of former partners or members for tax, interest, and penalties after a firm or association discontinues business.
S. 95Section 95 defines key terms for the Punjab Goods & Service Tax Act, 2017, including "advance ruling," "Appellate Authority," "applicant," "application," and "Authority."
S. 96Section 96 establishes an Authority for Advance Ruling in Punjab, appointing central and state tax officers as members.
S. 97Section 97 outlines the process for applying for an advance ruling on tax classification, applicability, supply determination, and input tax credit issues.
S. 98Section 98 outlines the procedure for the Authority to receive, examine, and decide on applications for advance rulings on tax matters under the Punjab Goods & Service Tax Act, 2017.
S. 99Section establishes a Punjab Appellate Authority for hearing appeals against advance ruling decisions on goods and services tax.
S. 100Section 100 allows appeals against advance ruling decisions to the Appellate Authority within 30 days, with possible extensions.
S. 101The section outlines the powers and procedures of the Appellate Authority in passing orders on appeals or references within 90 days.
S. 102Section 102 allows the Authority or Appellate Authority to amend orders to correct errors within six months, barring enhancements to tax liability without a hearing.
S. 103Section 103 makes advance rulings by the Authority or Appellate Authority binding on the applicant and concerned officers unless circumstances change.
S. 104Section 104 voids advance rulings obtained fraudulently, applying the Act as if the ruling never existed.
S. 105Section 105 grants the Authority and Appellate Authority powers akin to a civil court for tax enforcement.
S. 106The section grants the Authority or Appellate Authority power to establish its own procedures for appeals and revisions.
S. 107Section 107 allows appeals against decisions under the Punjab Goods & Service Tax Act and provides for review by the Commissioner.
S. 108Section 108 grants the Revisional Authority power to review and correct erroneous tax decisions prejudicial to revenue, except under specific conditions.
S. 109Section 109 establishes the Goods and Services Tax Tribunal as the appellate authority for appeals under the Punjab GST Act.
S. 110Section 110 details qualifications and terms for State Bench Presidents and Members under Punjab's GST Act.
S. 111Section 111 grants the Appellate Tribunal powers equivalent to a civil court to regulate its own procedures and enforce its orders.
S. 112Section 112 allows appeals against certain tax orders and permits the Commissioner to review and challenge these orders.
S. 113Section 113 outlines the powers and procedures of the Appellate Tribunal in reviewing and deciding appeals under the Punjab Goods & Service Tax Act, 2017.
S. 114The State President has financial and administrative control over tribunal benches, delegable to members or officers under his supervision.
S. 115Section 115 mandates interest on refunded tax amounts from payment date to refund date at the rate specified in section 56.
S. 116Section 116 allows individuals to appear before tax officers via authorized representatives, defining who qualifies as such.
S. 117Section 117 allows appeals to the High Court from decisions of the Punjab GST Appellate Tribunal, focusing on substantial legal questions.
S. 118Section 118 allows appeals to the Supreme Court from orders of the Appellate Tribunal or High Court judgments certified for appeal.
S. 119Section 119 mandates payment of dues despite pending appeals to higher courts.
S. 120Section 120 regulates monetary limits for filing appeals or applications by state tax officers under the Punjab Goods & Service Tax Act, 2017.
S. 121Section 121 prohibits appeals against certain decisions by state tax officers, including transfers, seizures, prosecutions, and specific orders.
S. 122Section 122 imposes penalties for various tax-related offenses under the Punjab Goods & Service Tax Act, 2017.
S. 123Section penalizes failure to submit required information returns with a maximum fine of ₹5,000.
S. 124Section penalizes failure to provide required information or false returns with fines up to ₹25,000.
S. 125Section 125 imposes a penalty up to 25,000 rupees for violating unspecified provisions of the Punjab Goods & Service Tax Act, 2017.
S. 126Section 126 exempts minor tax breaches under the Punjab Goods & Service Tax Act from penalties and outlines conditions for penalty imposition.
S. 127Section 127 allows the proper officer to levy penalties not covered by other specified sections after a hearing.
S. 128The section allows the government to waive penalties and late fees for certain taxpayers under specified conditions.
S. 129Section 129 allows detention or seizure of goods and conveyances in transit violating the Act, with release upon tax and penalty payment or security provision.
S. 130Section 130 authorizes confiscation of goods or conveyances and penalties for tax evasion under the Punjab Goods & Service Tax Act, 2017.
S. 131Section 131 allows additional punishments under other laws despite penalties or confiscation under this Act.
S. 132(1) Whoever commits any of the following offences, namely:— Confiscation or penalty not to interfere with other punishme
S. 133Section 133 penalizes unauthorized disclosure of tax information by officials or service providers with imprisonment or fine.
S. 134Section 134 restricts court jurisdiction to try offenses under the Punjab Goods & Service Tax Act, requiring Commissioner's sanction.
S. 135Section presumes a culpable mental state in prosecutions under the Act, but allows accused to disprove it.
S. 136Section 136 allows statements made in response to a summons to be used in court if the person cannot testify.
S. 137Section 137 holds company officers and responsible individuals liable for offenses committed by the company, with exceptions for due diligence.
S. 138Section 138 allows the Commissioner to compound certain offences under the Punjab Goods & Service Tax Act by payment, except for specific repeat or severe offenses.
S. 139Section 139 provides for provisional and final registration certificates for registered persons under existing laws.
S. 140Section 140 allows registered persons to claim input tax credit for carried forward VAT, with certain exceptions and conditions.
S. 141Section 141 exempts tax for returned inputs or semi-finished goods processed by job workers within six months after the act's appointed day.
S. 142Section 142 allows refund of tax for returned goods and mandates supplementary invoices or credit notes for price revisions.
S. 143Section 143 allows a registered principal to send inputs or capital goods to job workers without tax and bring them back or supply them on payment of tax within India or for export.
S. 144Section 144 presumes the authenticity and truth of certain documents produced or seized under the Act in court proceedings.
S. 145Section 145 allows electronic documents, microfilms, and computer printouts as evidence in proceedings under the Punjab Goods & Service Tax Act, 2017.
S. 146The section allows the government to designate a portal for GST registration, tax payment, return filing, and other related functions.
S. 147Section 147 allows the government to declare certain intra-India goods supplies as "deemed exports" for tax benefits.
S. 148The section allows the government to notify specific registered persons and their procedures for tax registration and compliance.
S. 149Section 149 assigns compliance rating scores to registered persons based on their tax compliance under the Punjab Goods & Service Tax Act.
S. 150(1) Any person, being— Common Portal
S. 151Section 151 allows the Commissioner to collect statistics and require information from relevant persons as needed.
S. 152Section 152 prohibits disclosure of individual tax return information without consent and limits access to such data to authorized personnel.
S. 153Section 153 allows Assistant Commissioners to seek expert assistance during tax scrutiny, inquiry, or investigation.
S. 154The section allows the Commissioner to take samples of goods for inspection if deemed necessary.
S. 155The section states that the claimant must prove their eligibility for input tax credit under the act.
S. 156Section 156 deems all persons performing duties under the Punjab Goods & Service Tax Act as public servants under the Indian Penal Code.
S. 157Section 157 protects officials of the Appellate Tribunal and appointed officers from legal actions for good faith actions under the Act.
S. 158Section 158 protects certain information and records under the Punjab Goods & Service Tax Act from disclosure, except in specific legal or administrative contexts.
S. 159Section 159 allows the Commissioner to publish details of proceedings or prosecutions under the Act if deemed necessary for public interest.
S. 160Section 160 ensures that procedural errors in tax proceedings under the Act do not invalidate them if they align with the Act's intent.
S. 161Section 161 allows authorities to correct apparent errors in their documents within six months, except for clerical errors, and must follow natural justice principles if rectification affects someone.
S. 162Section 162 restricts civil courts from deciding on matters under the Punjab Goods & Service Tax Act, 2017.
S. 163Section 163 mandates a fee for providing copies of orders or documents upon request.
S. 164Section 164 authorizes the Punjab Government to make rules for implementing the Act and levy penalties for rule violations.
S. 165The section allows the government to issue regulations to implement the Act's provisions.
S. 166Section 166 requires government rules, regulations, and notifications under the Act to be presented to the State Legislature for thirty days of review.
S. 167The Commissioner can delegate any powers under the Act to another authority or officer via notification.
S. 168Section 168 grants the Commissioner authority to issue necessary orders to state tax officers for uniform Act implementation.
S. 169Section 169 outlines various methods for serving notices and communications under the Punjab Goods & Service Tax Act, 2017.
S. 170Section 170 rounds off tax, interest, penalties, fines, refunds, or other sums to the nearest rupee.
S. 171Section mandates passing on tax reductions to customers and allows government to verify if credits lead to price reductions.
S. 172The section allows the government to issue orders to resolve difficulties in implementing the Act, subject to a three-year limit and legislative review.
S. 173Section 173 removes specific clauses and sections related to octroi and other fees in various Punjab municipal acts.
S. 174Section 174 repeals several Punjab tax acts and saves previous operations and rights under them.
S. 2017(Punjab Act No