Govt. notifies the Union Territory Goods & Services Tax (UTGST) (Amendment) Act, 2018 post assent dt. 29/08/2018 from the Hon’ble President of India, to amend various provisions of the Union Territory Goods & Services Tax (UTGST) Act, 2017.
Subsequently, CBIC notifies 01/02/2019 as the commencement date in respect of the provisions of the UTGST Amendment Act 2018, vide CBIC UT Tax Notification 1/2019 dt. 29/01/2019.
GOI Notification dt. 30/08/2018: UTGST (Amendment) Act, 2018
THE UNION TERRITORY GOODS AND SERVICES TAX ACT, (AMENDMENT) 2018
NO. 33 OF 2018
[29/08/2018]
An Act to amend the Union Territory Goods and Services Tax Act, 2017.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:-
1. Short title and commencement:
(1) This Act may be called the Union Territory 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.
2. Amendment of section 7: In section 7 of the Union Territory Goods and Services Tax Act, 2017 (hereinafter referred to as 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.
3. Amendment of section 9: In section 9 of the principal Act, in clause (b), the following proviso shall be inserted, namely:–
Provided that the input tax credit on account of Union territory tax shall be utilised towards payment of integrated tax only where the balance of the input tax credit on account of central tax is not available for payment of integrated tax.
4. Insertion of new sections 9A and 9B: After section 9 of the principal Act, the following sections shall be inserted, namely:-
9A. Utilisation of input tax credit: Notwithstanding anything contained in section 9, the input tax credit on account of Union territory tax shall be utilised towards payment of integrated tax or Union territory tax, as the case may be, only after the input tax credit available on account of integrated tax has first been utilised towards such payment.
9B. Order of utilisation of input tax credit: Notwithstanding anything contained in this Chapter and subject to the provisions of clause (c) of section 9, the Government may, on the recommendations of the Council, prescribe the order and manner of utilisation of the input tax credit on account of integrated tax, Central tax, State tax or Union territory tax, as the case may be, towards payment of any such tax.