In exercise of the powers conferred by subsection (1) of section 11 of the Bihar Goods and Services Tax Act, 2017 (12 of 2017), the Governor of Bihar, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council hereby exempts the intra-State supply of gold, silver or platinum falling in Chapter 71 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when supplied by Nominated Agency under the scheme for "Export Against Supply by Nominated Agency" as referred to in paragraph 4.40 of the Foreign Trade Policy, read with relevant provisions of Chapter 4 of Handbook of Procedures, to a registered person ( herein referred to as "recipient"), from the whole of the State Tax leviable thereon, under section 9 of the Bihar Goods and Services Tax Act, 2017, subject to following conditions, namely:-
(i) the Nominated Agency and the recipient shall follow the conditions and subject observe the procedures as prescribed in the Foreign Trade Policy read with Handbook of Procedures.
(ii) the recipient shall export the jewellery made out of such gold, silver or platinum within a period of 90 (ninety) days from the date of supply of gold, silver or platinum to such recipient and shall provide copy of shipping bill or bill of export containing details of Goods and Services Tax Identification Number (GSTIN) along with the invoice for exports to the Nominated Agency within a period of 120 (one hundred and twenty) days from the date of supply by the Nominated Agency
(iii) wherever such proof of export is not produced within the period mentioned in clause (ii), the Nominated Agency shall pay the amount of State Tax payable on the quantity of gold, silver or platinum not exported, along with interest from the date when tax on such supply was payable, but for the exemption.
Explanation. -for the purpose of this notification,-
(a) "Foreign Trade Policy" means the Foreign Trade Policy, 2023, notified by the Government of India in the Ministry of Commerce and Industry vide notification No. 1/2023 dated the 31st March, 2023, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-Section (ii) vide S.O. 1565 (E). dated the 31st March, 2023;"
(b) "Handbook of Procedures" means the Handbook of Procedure, notified by the Government of India in the Ministry of Commerce and Industry vide Public Notice No. 01/2023 dated the 1st April, 2023, Extraordinary, Part-I, Section 1 vide F. No. 01/75/171/00016/AM-23/FTP Cell dated the 1st April, 2023;
(c) "Nominated Agency" means entities mentioned in List 32 of Notification No. 50/2017-Customs, dated the 30th June 2017 published Gazette of India, Extraordinary, Part-II, Section 3 sub-section (i),vide, number G. S. R. 785 (E), dated the 30th June, 2017;
(d) "Chapter" means heading as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975).
2. This notification shall come into force on the 1st January, 2019.
By the order of Governor of Bihar,
Dr. Pratima,
Commissioner State Tax-cum-Secretary.
S.O. 17, Dated 17th January 2019
In the Notification No. 26/2018 State Tax (Rate), dated the 31st December, 2018, of the Commercial Taxes Department, Government of Bihar, published in the Gazette of Bihar, Extraordinary, vide S.O. 280, dated 31st December, 2018-
(i) In the opening para,-
(a) for ""Handbook of Procedures, Volume-1", read "Handbook of Procedures ";
(b) for "registered exporter of jewellery", read "a registered person";
(ii) In the opening para, in S. no. (i), for ""Handbook of Procedures, Volume-1", read "Handbook of Procedures " ;
(iii) In the Explanation, in para (a), -
for "Foreign Trade Policy " means the Foreign Trade Policy, 2015-2020, notified by Government of India in the Ministry of Commerce and Industry published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-Section (ii) vide notification No.1/2015-2020, dated 1st April, 2015."
read
" "Foreign Trade Policy " means the Foreign Trade Policy, 2015-2020, notified by the Government of India in the Ministry of Commerce and Industry vide notification No.41/2015-2020, dated the 5th December, 2017, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-Section (ii) vide S.O. 3813, dated the 5th December, 2017; "
(iv) In the Explanation, in para (b),-
for " "Handbook of Procedures, Volume-1" means the Handbook of Procedure, Volume-1, notified by Government of India in the Ministry of Commerce and Industry published in the Gazette of India, Extraordinary, Part-I, Section 1, vide Public Notice No.1/2015-2020, dated 1st April, 2015. "
" "Handbook of Procedures" means the Handbook of Procedure, notified by the Government of India in the Ministry of Commerce and Industry vide Public Notice No. 43/2015-2020, dated the 5th December 2017, published in the Gazette of India, Extraordinary, Part-I, Section 1, vide F. No. 01/94/180/333/AM 15/PC, dated the 5th December 2017; "
(v) In the Explanation, in para (c),-
for ""Nominated Agency" means entities mentioned in List 32 of Notification No. 50/2017 Customs dated 30th June 2017";
" "Nominated Agency" means entities mentioned in List 32 of Notification No. 50/2017-Customs, dated the 30th June 2017 published Gazette of India, Extraordinary, Part-II, Section 3 sub-section (i),vide, number G. S. R. 785 (E), dated the 30th June, 2017; "