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THE HARYANA GOODS AND SERVICES TAX ACT, 2017 Notification
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Body NOTIFICATION No. 42/ST-2, Dated 30th March, 2018

In exercise of the powers conferred by section 164 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017), the Governor of Haryana, hereby makes the following rules further to amend the Haryana Goods and Services Tax Rules, 2017, namely:-

1. (1) These rules may be called the Haryana Goods and Services Tax (Fifth Amendment) Rules, 2018.

(2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette.

2. In the Haryana Goods and Services Tax Rules, 2017, (hereinafter called the said rules), in rule 45, in sub-rule (1), after the words, "where such goods are sent directly to a job worker", occurring at the end, the following words and signs shall be inserted, namely:-

"and where the goods are sent from one job worker to another job worker, the challan may be issued either by the principal or the job worker sending the goods to another job worker:

Provided that the challan issued by the principal may be endorsed by the job worker, indicating therein the quantity and description of goods where the goods are sent by one job worker to another or are returned to the principal:

Provided further that the challan endorsed by the job worker may be further endorsed by another job worker, indicating therein the quantity and description of goods where the goods are sent by one job worker to another or are returned to the principal.".

3. In the said rules, in rule 127, in clause (iv), for the word, "tenth", the words, "tenth day" shall be substituted.

4. In the said rules, in rule 129, in sub-rule (6), for the words, "as allowed by the Standing Committee", the words, "as may be allowed by the Authority" shall be substituted.

5. In the said rules, in rule 133, after sub-rule (3), the following sub-rules shall be inserted, namely:-

"(4) If the report of the Director General of Safeguards referred to in sub-rule (6) of rule 129 recommends that there is contravention or even non-contravention of the provisions of section 171 or these rules, but the Authority is of the opinion that further investigation or inquiry is called for in the matter, it may, for reasons to be recorded in writing, refer the matter to the Director General of Safeguards to cause further investigation or inquiry in accordance with the provisions of the Act and these rules.".

6. In the said rules, for rule 134, the following rule shall be substituted, namely:-

"134. Decision to be taken by the majority.-

(1) A minimum of three members of the Authority shall constitute quorum at its meetings.

(2) If the Members of the Authority differ in their opinion on any point, the point shall be decided according to the opinion of the majority of the members present and voting, and in the event of equality of votes, the Chairman shall have the second or casting vote.".

7. In the said rules, after rule 138D, the following Explanation shall be added and shall be deemed to have been added with effect from the 1st April, 2018, namely:-

"Explanation. - For the purposes of this Chapter, the expressions 'transported by railways', 'transportation of goods by railways', 'transport of goods by rail' and 'movement of goods by rail' does not include cases where leasing of parcel space by Railways takes place.".

SANJEEV KAUSHAL,

Additional Chief Secretary

to Government, Haryana,

Excise and Taxation Department.