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THE GOA VALUE ADDED TAX ACT 2005 NOTIFICATIONS
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Body Notification No. 4/5/2005-Fin(R&C)(56) Dated 30th December, 2008.

In exercise of the powers conferred by subsections (1) and (2) of section 83 of the Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005), and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules so as to further amend the Goa Value Added Tax Rules, 2005, namely:-

1. Short title and commencement.-

(1) These rules may be called the Goa Value Added Tax (Fifth Amendment) Rules, 2008.

(2) They shall come into force at once.

2. Amendment of rule 2.-

In rule 2 of the Goa Value Added Tax Rules, 2005 (hereinafterreferred to as the "principal Rules"), in sub-rule (1), in clause (e), the following shall be added at the end, namely:-

"and includes cyber treasury so notified by the Government."

3. Insertion of new rule 4A.-

In the principal Rules, after rule 4, the following rule shall be inserted, namely:-

" 4A. Determination of sale price in respect of Works Contract.-

In case of transfer of property in goods (whether as goods or in some other form) involved in the execution of works contract, the sale price of such goods shall be determined by making deductions to the extent as specified in column (3) of the Table below for the Works contract as specified in corresponding entry in column (2) of the said Table.

TABLE

Sr.No. Classification of works contract Deduction in Percentage to be allowed for determining the sale price
(1) (2) (3)
1 In respect of road work, including asphalting of road, construction of culverts, site gutters but excluding bridges. 30% of the gross receipts.
2 In respect of electrical works including building wiring & fittings, installation of sub- stations, transmission and distribution lines, control rooms, power grid stations, installation of high mast electric polls, illumination of bridges, illumination of urban and rural areas including installation of under ground cables, installation of generator sets, transformers and such other electrical works. 35% of the gross receipts.
3 In respect of construction of new buildings and erection of civil structures (temporary or permanent) 33% of the gross receipts.
4 In respect of renovation and maintenance of buildings 40% of the gross receipts.
5 In respect of painting works (internal and external) 50% of the gross receipts
6 In respect of water supply and sanitation works, including providing and laying of conveying main or distribution of water supply lines and sanitation lines, construction of ground level reservoirs/overhead reservoirs, pumping stations, control valves and chambers, main hole chambers, improvement in water supply systems and sewage system, etc. 30% of the gross receipts
7 In respect of construction of bridges 35%of the gross receipts
8 In respect of irrigation and water resources projects, including construction of tube wells, ground water resources, projects, construction of dams, bandara, sluice gate, canals, development of spring, lakes, wells and agricultural bunds, etc. 35% of the gross receipts
9 In respect of jobworks of processing or altering or adapting, where the goods consumed in such process cannot be separately measured. 70% of the gross receipts
10 Annualmaintenancecontract(AMC) 80% of the gross receipts
11 Any other works 30% of the gross receipts

4. Amendment of rule 23.-

In rule 23 of the principal Rules, in sub-rule (3), the following shall be added at the end, namely:-

"In case the tax payment has been effected through cyber treasury so notified by the Government or through any other electronic system (e-payment) of payment available within the banks, notified by the Government, then such payment be listed in the returns as per the acknowledgements received for every e-payment. The registered dealer whose monthly tax liability exceeds Rs.1.00 lakh shall, from such date as the Government may, bynotification published in the Official Gazette, specify,file his quarterly return online through electronic system by availing a system code number fromthe office of the Commissioner,for filing such returns.".

5. Amendment of rule 24.-

In rule 24 of the principal Rules, in sub rule (3), the following shall be added at the end, namely:-

"The dealer has option to effect payment either through cash mode or through cyber-treasury so notified by the Government or through any other electronic system of payment available within the bank notified by the Government.".

By order and in the name of the Governor of Goa.