KARNATAKA ACT NO. 32 OF 2023
(First Published in the Karnataka Gazette Extra-ordinary on the 01st day of August 2023)
THE KARNATAKA GOODS AND SERVICES TAX (AMENDMENT) ACT, 2023
(Received the assent of the Governor on the 29th day of July, 2023)
An Act further to amend the Karnataka Goods and Services Tax Act, 2017.
Whereas, it is expedient further to amend the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017), for the purpose hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Seventy-fourth year of the Republic of India as follows:-
1. Short title and commencement.-
(1) This Act may be called the Karnataka Goods and Services Tax (Amendment) Act, 2023.
(2) Save as otherwise provided, the provisions of this Act shall come into force on such date as the Government of Karnataka may, by notification in the Official Gazette, appoint.
2. Amendment of section 10.-
In the Karnataka Goods and Services Tax Act, 2017(Karnataka Act 27 of 2017) (hereinafter referred to as the principal Act), in section 10,-
(a) in sub-section (2), in clause (d), the words "goods or", shall be omitted; and
(b) in sub-section (2A), in clause (c), the words "goods or", shall be omitted.
3. Amendment of section 16.-
In section 16 of the principal Act, in sub-section (2),-
(i) in the second proviso, for the words "added to his output tax liability, along with interest thereon", the words and figures "paid by him along with interest payable under section 50", shall be substituted; and
(ii) in the third proviso, after the words "made by him", the words "to the supplier", shall be inserted.
4. Amendment of section 17.-
In section 17 of the principal Act,-
(a) in sub-section (3), in the Explanation, for the words and figure "except those specified in paragraph 5 of the said Schedule", the following shall be substituted, namely:-
"Except,-
(i) the value of activities or transactions specified in paragraph 5 of the said Schedule; and
(ii) the value of such activities or transactions as may be prescribed in respect of clause (a) of paragraph 8 of the said Schedule.";
(b) in sub-section (5), after clause (f), the following clause shall be inserted, namely:-
"(fa) goods or services or both received by a taxable person, which are used or intended to be used for activities relating to his obligations under corporate social responsibility referred to in section 135 of the Companies Act, 2013 (Central Act 18 of 2013);".
5. Amendment of section 23.-
In section 23 of the principal Act, for subsection (2), the following sub-section shall be substituted and shall be deemed to have been substituted with effect from the 1st day of July, 2017, namely:-
"(2) Notwithstanding anything to the contrary contained in subsection (1) of section 22 or section 24, the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, specify the category of persons who may be exempted from obtaining registration under this Act.".
6. Amendment of section 30.-
In section 30 of the principal Act, in subsection (1),-
(a) for the words "the prescribed manner within thirty days from the date of service of the cancellation order:", the words "such manner, within such time and subject to such conditions and restrictions, as may be prescribed." shall be substituted; and
(b) the proviso shall be omitted.
7. Amendment of section 37.-
In section 37 of the principal Act, after sub-section (4), the following sub-section shall be inserted, namely:-
"(5) A registered person shall not be allowed to furnish the details of outward supplies under sub-section (1), for a tax period after the expiry of a period of three years from the due date of furnishing the said details:
Provided that, the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish the details of outward supplies for a tax period under sub-section (1), even after the expiry of the said period of three years from the due date of furnishing the said details.".
8. Amendment of section 39.-
In section 39 of the principal Act, after subsection (10), the following sub-section shall be inserted, namely:-
"(11) A registered person shall not be allowed to furnish a return for a tax period after the expiry of a period of three years from the due date of furnishing the said return:
Provided that, the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish the return for a tax period, even after the expiry of the said period of three years from the due date of furnishing the said return.".
9. Amendment of section 44.-
Section 44 of the principal Act shall be renumbered as sub-section (1) thereof, and after sub-section (1), as so renumbered, the following sub-section shall be inserted, namely:-
"(2) A registered person shall not be allowed to furnish an annual return under sub-section (1), for a financial year after the expiry of a period of three years from the due date of furnishing the said annual return:
Provided that, the Government may, on the recommendations of the Council, by notification, and subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish an annual return for a financial year under sub-section (1), even after the expiry of the said period of three years from the due date of furnishing the said annual return."
10. Amendment of section 52.-
In section 52 of the principal Act, after subsection (14), the following sub-section shall be inserted, namely:-
"(15) The operator shall not be allowed to furnish a statement under subsection (4) after the expiry of a period of three years from the due date of furnishing the said statement:
Provided that, the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow an operator or a class of operators to furnish a statement under sub-section (4), even after the expiry of the said period of three years from the due date of furnishing the said statement."
11. Amendment of section 54.-
In section 54 of the principal Act, in subsection (6), the words "excluding the amount of input tax credit provisionally accepted," shall be omitted.
12. Amendment of section 56.-
In section 56 of the principal Act, for the words "from the date immediately after the expiry of sixty days from the date of receipt of application under the said sub-section till the date of refund of such tax", the words "for the period of delay beyond sixty days from the date of receipt of such application till the date of refund of such tax, to be computed in such manner and subject to such conditions and restrictions as may be prescribed", shall be substituted.
13. Amendment of section 62.-
In section 62 of the principal Act, in subsection (2),-
(a) for the words "thirty days", the words "sixty days" shall be substituted; and
(b) the following proviso shall be inserted, at the end namely:-
"Provided that, where the registered person fails to furnish a valid return within sixty days of the service of the assessment order under sub-section (1), he may furnish the same within a further period of sixty days on payment of an additional late fee of one hundred rupees for each day of delay beyond sixty days of the service of the said assessment order and in case he furnishes valid return within such extended period, the said assessment order shall be deemed to have been withdrawn, but the liability to pay interest under sub-section (1) of section 50 or to pay late fee under section 47 shall continue."
14. Amendment of section 109.-
For section 109 of the principal Act, the following shall be substituted, namely:-
"109. Constitution of Appellate Tribunal and Benches thereof.-
Subject to the provisions of this Chapter, the Goods and Services Tax Tribunal constituted under the Central Goods and Services Tax Act, 2017 shall be the Appellate Tribunal for hearing appeals against the orders passed by the Appellate Authority or the Revisional Authority under this Act."
15. Omission of section 110.-
Section 110 of the principal Act shall be omitted.
16. Omission of section 114.-
Section 114 of the principal Act shall be omitted.
17. Amendment of section 117.-
In section 117 of the principal Act,
(a) in sub-section (1), for the words "State Bench or Area Benches", the words "State Benches", shall be substituted;
(b) in sub-section (5),
(i) in clause (a), for the words "State Bench or Area Benches", the words "State Benches", shall be substituted;
(ii) in clause (b), for the words "State Bench or Area Benches", the words "State Benches", shall be substituted.
18. Amendment of section 118.-
In section 118 of the principal Act, in subsection (1), in clause (a), for the words "National Bench or Regional Benches", the words "Principal Bench", shall be substituted.
19. Amendment of section 119.-
In section 119 of the principal Act, in subsection (1),-
(a) for the words "National Bench or Regional Benches" the words "Principal Bench", shall be substituted;
(b) for the words "State Bench or Area Benches", the words "State Benches" shall be substituted;
20. Amendment of section 122.-
In section 122 of the principal Act, after sub-section (1A),the following sub-section shall be inserted, namely:-
"(1B) Any electronic commerce operator who.-
(i) allows a supply of goods or services or both through it by an unregistered person other than a person exempted from registration by a notification issued under this Act to make such supply;
(ii) allows an inter-State supply of goods or services or both through it by a person who is not eligible to make such inter-State supply; or
(iii) fails to furnish the correct details in the statement to be furnished under sub-section (4) of section 52 of any outward supply of goods effected through it by a person exempted from obtaining registration under this Act,
shall be liable to pay a penalty of ten thousand rupees, or an amount equivalent to the amount of tax involved had such supply been made by a registered person other than a person paying tax under section 10, whichever is higher.".
21. Amendment of section 132.-
In section 132 of the principal Act, in subsection (1),-
(a) clauses (g) and (j) shall be omitted;
(b) in clause (l), (i) for the words, brackets and letters "clauses (a) to (k)", the words, brackets and letters "clauses (a) to (f) and clauses (h), (i) and (k)" shall be substituted;
(c) in item (iii), for the words "any other offence", the words, brackets and letter" an offence specified in clause (b)," shall be substituted;
(d) in item (iv), the words, brackets and letters "or clause (g) or clause (j)", shall be omitted.
22. Amendment of section 138. -
In section 138 of the principal Act,-
(a) in sub-section (1), in the first proviso,-
(i) for clause (a), the following clause shall be substituted, namely:-
"(a) a person who has been allowed to compound once in respect of any of the offences specified in clauses (a) to (f), (h), (i) and (l) of sub-section (1) of section 132;";
(ii) clause (b), shall be omitted;
(iii) for clause (c), the following clause shall be substituted, namely:-
"(c) a person who has been accused of committing an offence under clause (b) of sub-section (1) of section 132;";
(iv) clause (e), shall be omitted;
(b) in sub-section (2), for the words "ten thousand rupees or fifty per cent. of the tax involved, whichever is higher, and the maximum amount not being less than thirty thousand rupees or one hundred and fifty per cent. of the tax, whichever is higher", the words "twenty-five per cent. of the tax involved and the maximum amount not being more than one hundred percent of the tax involved", shall be substituted.
23. Retrospective exemption to certain activities and transactions in Schedule III to the principal Act.-
(1) In Schedule III to the principal Act, paragraphs 7 and 8 and the Explanation 2 thereof (as inserted vide section 31 of Karnataka Act 3 of 2019) shall be deemed to have been inserted therein with effect from the 1st day of July, 2017.
(2) No refund shall be made of all the tax which has been collected, but which would not have been so collected, had sub-section (1) been in force at all material times.
THAAWARCHAND GEHLOT
GOVERNOR OF KARANATAKA
By Order and in the name of the
Governor of Karnataka,
G. SRIDHAR
Secretary to Government
Department of Parliamentary
Affairs and Legislation