Retrospective Amendments of GST rate notifications – Clause of the Finance (No. 2) Bill, 2019
1. Notification No. 2/2017-Central Tax (Rate) dated the 28th June, 2017, issued under sub- section (1) of section 11 of the Central Goods and Services Tax Act, 2017, is being amended retrospectively so as to exempt ‘Uranium Ore Concentrate’ from the levy of Central Tax from 1st July, 2017 to 14th November, 2017. (Clause 112)
2. Notification No. 2/2017-Integrated Tax (Rate) dated the 28th June, 2017, issued under sub- section (1) of section 6 of the Integrated Goods and Services Tax Act, 2017, is being amended retrospectively so as to exempt “Uranium Ore Concentrate” from the levy of Integrated Tax from 1st July, 2017 to 14th November, 2017. (Clause 114)
3. Notification No. 2/2017-Union Territory Tax (Rate) dated the 28th June, 2017, issued under sub-section (1) of section 8 of the Union Territory Goods and Services Tax Act, 2017, is being amended retrospectively so as to exempt “Uranium Ore Concentrate” from the levy of Union Territory Tax from 1st July, 2017 to 14th November, 2017. (Clause 115)
Extract of Clause 112, 114 & 115 of Finance Bill 2019
112. Amendment of notification number G.S.R.674(E) issued under sub-section (1) of section 11 of Central Goods and Services Tax Act,retrospectively.
(1) In the notification of the Government of India in the Ministry of Finance (Department of Revenue) number G.S.R. 674(E), dated the 28th June, 2017, issued by the Central Government on the recommendations of the Council, under sub-section (1) of the section 11 of the Central Goods and Services Tax Act, 2017, in the Schedule, after S. No. 103 and the entries relating thereto, the following S. No. and the entries shall be inserted and shall deemed to have been inserted retrospectively with effect from the 1st day of July, 2017, namely:––
| (1) | (2) | (3) |
| “103A | 26 | Uranium Ore Concentrate”. |
(2) For the purposes of sub-section (1), the Central Government shall have and shall be deemed to have the power to amend the notification referred to in sub-section (1) with retrospective effect as if the Central Government had the power to amend the said notification under sub-section (1) of section 11 of the said Act, retrospectively, at all material times.
(3) No refund shall be made of all such tax which has been collected, but which would not have been so collected, if the notification referred to in sub-section (1) had been in force at all material times.
114. Amendment of notification number G.S.R.667(E) issued under sub-section (1) of section 6 of Integrated Goods and Services Tax Act,retrospectively.
(1) In the notification of the Government of India in the Ministry of Finance (Department of Revenue) number G.S.R. 667(E), dated the 28th June, 2017, issued by the Central Government on the recommendations of the Council, under sub-section (1) of the section 6 of the Integrated Goods and Services Tax Act, 2017, in the Schedule, after S. No. 103 and the entries relating thereto, the following S. No. and the entries shall be inserted and shall deemed to have been inserted retrospectively with effect from the 1st day of July, 2017, namely:—
| (1) | (2) | (3) |
| “103A | 26 | Uranium Ore Concentrate”. |
(2) For the purposes of sub-section (1), the Central Government shall have and shall be deemed to have the power to amend the notification referred to in sub-section(1) with retrospective effect as if the Central Government had the power to amend the said notification under sub-section (1) of section 6 of the said Act, retrospectively, at all material times.
(3) No refund shall be made of all such tax which has been collected, but which would not have been so collected, if the notification referred to in sub-section (1) had been in force at all material times.
115. Amendment of notification number G.S.R. 711(E) issued under sub-section (1)of section 8 of Union Territory Goods and Services Tax Act,retrospectively.
(1) In the notification of the Government of India in the Ministry of Finance (Department of Revenue) number G.S.R. 711(E), dated the 28th June, 2017, issued by the Central Government on the recommendations of the Council, under sub-section (1) of the section 8 of the Union Territory Goods and Services Tax Act, 2017, in the Schedule, after S. No. 103 and the entries relating thereto, the following S. No. and the entries shall be inserted and shall deemed to have been inserted retrospectively with effect from the 1st day of July, 2017, namely:––
| (1) | (2) | (3) |
| “103A | 26 | Uranium Ore Concentrate”. |
(2) For the purposes of sub-section (1), the Central Government shall have and shall be deemed to have the power to amend the notification referred to in sub-section (1) with retrospective effect as if the Central Government had the power to amend the said notification under sub-section (1) of section 8 of the said Act, retrospectively, at all material times.
(3) No refund shall be made of all such tax which has been collected, but which would not have been so collected, if the notification referred to in sub-section (1) had been in force at all material times.
Note on Clause 112, 114 & 115 of Finance Bill 2019
Clause 112 of the Bill seeks to amend the notification number G.S.R. 674(E), dated the 1st July, 2017, issued under sub-section (1) of section 11 of the Central Goods and Services Tax Act, 2017,so as to give retrospective exemption to “Uranium Ore Concentrate” from the levy of central tax from 1st July, 2017 to 14th November, 2017.
Clause 114 of the Bill seeks to amend the notification number G.S.R. 667(E), dated the 1st July, 2017, issued under sub-section (1) of section 6 of the Integrated Goods and Services Tax Act, 2017,so as to give retrospective exemption to “Uranium Ore Concentrate” from the levy of integrated tax from 1st July, 2017 to 14th November, 2017.
Clause 115 of the Bill seeks to amend the notification number G.S.R. 711(E), dated the 1st July, 2017, issued under sub-section (1) of section 8 of the Union Territory Goods and Services Tax Act, 2017,so as to give retrospective exemption to “Uranium Ore Concentrate” from the levy of Union territory tax from 1st July, 2017 to 14th November, 2017.
the amendment in registeration from 20-lacs to 40lacs was notified before passing this amendment act 2019.however explanation added in section 22 with regard to interest,loans,extending deposits etc is clearified now .will these work efeective 1st april-2019 or date of passing of /gazzeting this act.as on 01-08-2019 pl clearyfy .many thanks in advance