Ankita Khetan | Oct 17, 2017 |
IGST(rate) Notification no. 36/2017 dated 13th October,2017
Seeks to amend notification No. 2/2017-Integrated Tax (Rate).
Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Government issued notification no. 2/2017 to notify the rates of integrated taxon the recommendations of the Council.
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)
Notification No. 36/2017- Integrated Tax (Rate)
New Delhi, the 13th October, 2017
G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 6 of theIntegrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Government, beingsatisfied that it is necessary in the public interest so to do, on the recommendations of theGoods and Services Tax Council, hereby makes the following amendments in the notificationof the Government of India in the Ministry of Finance (Department of Revenue), No.2/2017-Integrated Tax (Rate), dated the 28th June, 2017, published in the Gazette of India,Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 667(E), dated the 28thJune, 2017, namely:-
In the said notification,-
(A) in the Schedule,-
(i) after S. No. 122 and the entries relating thereto, the following serial number andthe entries shall be inserted, namely: –
122A | 4907 | Duty Credit Scrips; |
(ii) after S. No. 149 and the entries relating thereto, the following serial number andthe entries shall be inserted, namely: –
150 | – | Supply of goods by a Government entity to Central Government, State Government, Union territory, local authority or any person specified by Central Government, State Government, Union territory or local authority, against consideration received from Central Government, State Government, Union territory or local authority in the form of grants; |
(B) in the Explanation, after clause (iv), the following clause shall be inserted, namely:-
(v) The phrase Government Entity shall mean an authority or a board or any otherbody including a society, trust, corporation, which is:
(a) set up by an Act of Parliament or State Legislature; or
(b) established by any Government,
with 90 percent or more participation by way of equity or control, to carry out afunction entrusted by the Central Government, State government, Union territory or alocal authority..
(C) in ANNEXURE I, after point (b), the following proviso shall be inserted
Provided that, if the person having an actionable claim or enforceable right on abrand name and the person undertaking packing of such goods in unit containers aretwo different persons, then the person having an actionable claim or enforceable righton a brand name shall file an affidavit to that effect with the jurisdictional Commissioner of Central tax or jurisdictional Commissioner of State tax, of theperson undertaking packing of such goods that he is voluntarily foregoing hisactionable claim or enforceable right on such brand name as defined in Explanation(ii)(a); and he has authorised the person [undertaking packing of such goods in unitcontainers bearing said brand name] to print on such unit containers in indelible ink,both in English and the local language, that in respect of such brand name he [theperson owning the brand name] is voluntarily foregoing the actionable claim orenforceable right voluntarily on such brand name.
[F.No.354/117/2017-TRU (Pt. III)]
(Ruchi Bisht)
Under Secretary to the Government of India
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